OAR 859-200-0145: Examiners for Board Proceedings

(1) For hearings before the Board that require an examination report, the Oregon State Hospital or, if on conditional release, the community provider responsible for the person’s care and supervision shall ensure that an examination is conducted and a written report is prepared by an examiner who meets the qualifications set forth in this rule. (2) For purposes of hearings before the Board, an examiner shall be: (a) A psychiatrist; (b) A psychologist; or (c) A psychiatric mental health nurse practitioner. (3) The examiner will typically be the licensed medical practitioner responsible for providing the person’s psychiatric care, including prescribing psychiatric medication. If that provider does not meet the qualifications in section (2) of this rule or is not reasonably available, another qualified examiner may be used. (4) The examiner shall be sufficiently familiar with the person, the purpose of the hearing, and the statutory framework governing the Board’s determinations under ORS 426.701 and 426.702, including the terms and criteria relevant to those determinations, to provide clear and informed written and oral testimony at a hearing before the Board. (5) The examiner provides professional opinions and may address statutory terms, but shall not make legal conclusions. The Board is responsible for applying the statutory criteria and making the ultimate legal determinations. (6) The Board may establish minimum training requirements for examiners. Training requirements must be completed by an examiner prior to conducting an examination under these rules. (7) The attorney representing the state may, at the state’s expense, choose a psychiatrist, psychologist, or psychiatric nurse practitioner to conduct an additional examination of the person for purposes of the proceedings.