OAR 291-064-0060: Emergency Administration of Psychotropic Medications without Informed Consent

(1) An emergency that is sufficient to allow the administration of psychotropic medications without informed consent exists, if in the opinion of the treating practitioner, an inmate has a mental disorder and as a result of that disorder: (a) Immediate administration of psychotropic medication is medically necessary to preserve the life or health of the inmate; or (b) Immediate administration of psychotropic medication is medically necessary because the inmate's behavior creates a likelihood of serious physical injury to the inmate or others; or (c) Immediate administration of psychotropic medication is medically necessary because the inmate has: (A) Recently damaged property and caused physical injury to self or others; or (B) Recently expressed and acted upon an intent to cause serious physical injury to self or others by damaging property; or (C) Recently demonstrated behavior or thinking which, in examining the inmate's prior medical history, is associated with a pattern of behavior leading to such property damage or physical injury to self or others. (2) If an emergency exists, the treating practitioner may administer psychotropic medications to an inmate without first obtaining the inmate's written informed consent provided: (a) The specific nature of the emergency and all procedures used to cope with the emergency are fully documented in the inmate's treatment record; and (b) An effort has been made to contact the legal guardian of a legally incapacitated inmate prior to the administration of psychotropic medications. (c) If the treating practitioner is not a mental health prescriber, consultation with the chief medical officer or his/her designee shall occur within 12 hours of the emergency (3) Within 72 hours after the emergency administration of psychotropic medications, the treating practitioner shall review the treatment plan and may implement a revised treatment plan. (4) The administration of psychotropic medications in an emergency situation may not continue for more than 72 hours. (5) If, in the opinion of the treating practitioner, involuntary administration of psychotropic medications beyond 72 hours is medically necessary, the treating practitioner must: (a) Obtain the inmate's written informed consent, or (b) Determine that good cause for recommending involuntary administration exists as provided in OAR 291-064-0070, and (c) Refer the determination of good cause for review as provided in OAR 291-064-0080. (6) Within seven days of a determination that good cause exists for involuntary administration of medications subsequent to an emergency, the independent examining physician shall review that determination as provided in OAR 291-064-0090 to 291-064-0120.