Smith v. Department of Corrections

Petitioner challenges the validity of a rule adopted by the Department of Corrections (DOC), OAR 291-124-0016(2), requiring the clinical director of DOC’s Health Services to appoint the chief medical officer for each DOC institution. Petitioner also challenges the validity of DOC’s “Health Policy and Procedure #P-A-02.1” (health policy), which purports to explain levels of health care services provided to inmates, as defined in OAR 291-124-0041. According to petitioner, the rule is invalid because it exceeds DOC’s statutory authority, and the health policy is invalid because it constitutes a…