OAR 309-114-0015: Administration of Significant Procedures Without Informed Consent in Emergencies

(1) An emergency exists if in the opinion of the chief medical officer or designee: (a) Immediate action is required to preserve the life or physical health of the patient and it is impracticable to obtain informed consent as provided in OAR 309-114-0010; or (b) Immediate action is required because the behavior of the patient creates a substantial likelihood of immediate physical harm to the patient or others in the institution and it is impracticable to obtain informed consent as provided in OAR 309-114-0010. (2) If an emergency exists, the chief medical officer or designee may administer a significant procedure to a patient without obtaining prior informed consent in the manner otherwise required by these rules provided: (a) The specific nature of each emergency and the procedure which was used to deal with the emergency are adequately documented in the patient's record and a form provided for emergency procedure is completed and placed in the patient's record; (b) Reasonable effort must be made to contact the legal guardian or healthcare representative prior to the administration of the significant procedure. If contact is not possible, notice must be given to the legal guardian or healthcare representative as soon as possible; (c) Within a reasonable period of time after an emergency procedure is administered, the treatment team must review the treatment or training program and, if practicable, implement a treatment or training program designed to correct the behavior creating the emergency; and (d) The administration of a significant procedure in an emergency situation does not allow the institution to administer these procedures, once the emergency has subsided, without obtaining informed consent.