- Court: Oregon Court of Appeals
- Area(s) of Law: Administrative Law
- Date Filed: 05-18-2022
- Case #: A173473
- Judge(s)/Court Below: Mooney, P.J. for the Court; Pagán, J.; & DeVore, S.J.
- Full Text Opinion
Petitioner sought judicial review of the Administrative Law Judge’s (“ALJ”) final order affirming the Oregon State Hospital's decision to administer psychotropic medications without his consent. Petitioner assigned error to the ALJ’s finding that the State Hospital followed the proper rules regarding “significant procedures” without obtaining informed consent. Petitioner argued that because he was not given the preprinted information sheet promptly, he was deprived of the information needed to weigh the risks and benefits of the proposed medications. OAR 309-114-0010(1)(b)(C) authorizes “[i]nvoluntary administration of significant procedures with good cause.” OAR 309-114-0010(2)(a) provides that the Oregon State Hospital may consider a person incapable of consenting to significant procedures "only if the person currently demonstrates an inability to reasonably comprehend and weigh the risks and benefits of the proposed procedure…or no treatment at all.” The Court reasoned that because the Oregon State Hospital made a conscientious effort to obtain informed consent, documented such efforts, and properly assessed Petitioner's incapacity to weigh the risks and benefits, they followed the proper rules when administering the medication without informed consent. Affirmed.