OAR 291-064-0130: Appeal of the Independent Examining Physicians Determination

(1) The inmate may appeal the determination of the independent examining physician in writing to the facility chief medical officer within 24 hours after the determination has been communicated to the inmate. (2) Upon receipt of the inmate’s request for appeal, the chief medical officer shall review the appeal and the report of the independent examining physician. (3) Except in emergencies as provided in this rule, medications will not be involuntarily administered until the chief medical officer has decided the appeal. (4) The chief medical officer shall approve or disapprove the independent examining physician’s decision within seven days of receiving the inmate’s request for appeal. (5) Written notice of the chief medical officer’s decision on appeal shall be provided to the inmate and made part of the inmate’s treatment record. (6) In the absence of the chief medical officer the notice of appeal will be given to the Department’s clinical director who shall either decide the appeal or delegate that decision to the chief medical officer of another Department of Corrections facility.