291-064-0020 Definitions (1) Department: Oregon Department of Corrections. (2) Emergency: An immediate and serious danger to life or health. (3) Facility: Any facility operated by the Department of Corrections in which inmates in the physical custody of the department reside. (4) Gravely Disabled: A condition in which an inmate, as a result of a mental disorder, manifests a deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over behavior which creates a danger of serious physical and/or psychological harm to the inmate and/or serious physical injury to others. (5) Guardian: A person appointed by a court of law to act as the guardian of a legally incapacitated person. (6) Independent Examining Physician: A physician who shall be board certified in psychiatry, shall have been subjected to review by the Health Services Division Clinical Medical Director as to his/her qualifications to make such an examination, and shall have participated in a training program in the meaning and application of the provisions of this rule. The independent examining physician shall not be an employee of the Department of Corrections. (7) Inmate: Any person under the supervision of the Department of Corrections who is not on parole or post-prison supervision status. (8) Legally Incapacitated: A person who has been found by a court of law to be unable, without assistance, to properly manage or take care of their personal affairs. (9) Likelihood of Serious Physical Injury: A substantial risk that an inmate will inflict serious physical injury: (a) Upon the inmate, as evidenced by recent threats or attempts to commit suicide or self-inflicted physical injury; or (b) Upon another, as evidenced by recent behavior which has caused such harm or has placed another person in reasonable fear of sustaining such injury; or (c) Upon self or another by means of damaging property, as evidenced by recent behavior which has caused such injury or has placed another person in reasonable fear of sustaining such injury; or (d) Upon the inmate, another, or by damage to property, as evidenced by recent behavior or thinking which, in examining the inmate’s prior medical history, is associated with a pattern of behaviors leading to such injury or damage. (10) Material Risk: A risk that may have a substantial adverse effect on the inmate’s psychological and/or physical health. For example, tardive dyskinesia is a material risk of neuroleptic medications. (11) Mental Disorder: (a) An impaired general medical condition resulting in impaired mental functioning, or impaired emotional health; or (b) A longstanding, inflexible, pervasive, and enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual’s culture (usually constituting a maladaptive set of personality traits), usually of little concern to the person but which causes impaired life adjustment. (12) Physical Injury: Impairment of physical condition or substantial pain. (13) Psychotropic Medications: The class of medications that have central nervous system activity and are commonly used for the treatment of mental disorders. Types of medications within the class of psychotropic medications include, but are not limited to, neuroleptics (antipsychotics), lithium, and antidepressants. (14) Serious Physical Injury: Injury which creates a substantial risk of death, causes serious and protracted disfigurement, impairment of health, or loss or impairment of the function of any bodily organ. (15) Treating Practitioner: Any Health Services Division employee or contractor who by licensure is authorized to prescribe treatment specifically, including the administration of psychotropic medications. This includes physicians, nurse practitioners, and physician assistants. (16) Treatment Plan: The comprehensive plan of medical, psychiatric, psychological, and psychosocial interventions used to guide treatment providers in assisting an inmate to accomplish the inmate’s goals for behavioral change. One aspect of a treatment plan may be psychotropic medications. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 History: CD 8-1995, f. 4-24-95, cert. ef. 5-1-95