Or. Admin. Code § 416-340-0020

Current through Register Vol. 63, No. 12, December 1, 2024

Section 416-340-0020 - General Standards

(1) The use of medication will be solely for the health and welfare of the individual youth in custody.

(a) Whether medication is to be used or not used and under what conditions is the sole responsibility of the attending licensed prescriber.

(b) Prescription orders will be authorized by persons who are licensed by the State of Oregon to prescribe medication.

(c) Prescription medications will be administered according to the prescriber's order and given only to the youth in custody to whom the medication is prescribed.

(2) Consent:

(a) Pursuant to ORS 109.675 youth in custody 14 years of age or older may obtain, without parental knowledge or consent, outpatient diagnosis or treatment of a mental or emotional disorder, or a chemical dependency excluding methadone maintenance, by a physician, licensed psychologist, nurse practitioner or licensed clinical social worker.

(b) Pursuant to ORS 109.640, youth in custody 15 years of age or older may obtain, without parental consent, medical treatment, including immunizations.

(c) Pursuant to ORS 433.267, youth in custody 15 years of age or older may sign, on their own behalf, exemption from immunizations forms available through the Department of Public Health, if the signature would otherwise be required of the youth in custody's parent or legal guardian.

(d) If a youth in custody is otherwise incapable of giving consent, no psychotropic stimulant or tranquilizing drugs will be administered to the youth in custody without their informed consent, unless withholding of the drug would seriously endanger the youth in custody's health.

(3) Pharmacy packaging and dispensing of medications administered in close-custody facilities will follow Oregon administrative rule governing pharmacy practice for correctional facilities and the Nurse Practice Act.

(a) All medications will be properly labeled, including labels on prescription medications that match the prescriber's written order. All nontopical prescribed medications administered in close-custody facilities will be unit dosed.

(b) Prescriptions that are not administered will be returned to the dispensing pharmacy or properly disposed.

(4) Any medical information received from a medical practitioner will be placed in the youth in custody's permanent medical record.

Or. Admin. Code § 416-340-0020

OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 6-2005, f. & cert. ef. 3-25-05; OYA 2-2009, f. 4-14-09, cert. ef. 4-17-09; OYA 4-2009, f. 10-27-09, cert. ef. 10-28-09; OYA 19-2022, amend filed 12/13/2022, effective 12/14/2022

Statutory/Other Authority: ORS 420A.025

Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054