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Oregon Revised Statutes

Or. Rev. Stat. § 421.085 (2026)

Experimentation on adults in custody prohibited; right to judicial restraint of violation; action for damages

✓ current as of May 2026
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      421.085 Experimentation on adults in custody prohibited; right to judicial restraint of violation; action for damages. (1) As used in this section:

      (a) “Medical experimentation or research” includes, but is not limited to, the testing and use of drugs and medication, medical and surgical procedures, exposure to substances or conditions or physical manipulation to ascertain their nontherapeutic effect on human beings, and any substance, condition, drug, medication, treatment, or procedure that is not generally recognized and accepted as therapeutic in the medical profession.

      (b) “Psychiatric or psychological experimentation or research” includes, but is not limited to, any treatment, therapy, drug, medication, procedure, surgery, or device not generally recognized and accepted as therapeutic in the psychiatric and psychological professions.

      (2) There shall be no medical, psychiatric, or psychological experimentation or research with adults in custody in Department of Corrections institutions of the State of Oregon.

      (3) Notwithstanding ORS 137.260, an adult in custody in any Department of Corrections institution is entitled to maintain an action to restrain any violation of this section or to maintain an action to recover damages caused by a violation of this section. [1973 c.371 §2; 1987 c.320 §163; 2019 c.213 §64]

 

      421.086 [1955 c.660 §11; renumbered 421.012]

 

      421.095 [1973 c.210 §2; 1987 c.320 §164; repealed by 1997 c.851 §17]

 

CUSTODY GENERALLY

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2025 · leading case: Jackson v. Surber (D. Or. 2025).
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Jackson v. Surber (D. Or. 2025). · cites it 7× “Specifically, Jackson alleges in his first claim that Defendants violated ORS § 421.085 by “exposing Mr. Jackson to substances or conditions or physical manipulation to ascertain their nontherapeutic effect on human beings[.”
Jackson v. Surber (D. Or. 2024). · cites it 5× “) Jackson also mentions the Fourth Amendment, negligence, public nuisance, and Oregon Revised Statutes §§ 421.085 (prohibiting experimentation on adults in custody) and 433.”
— Or. Rev. Stat. § 421.085(2) — 1 case
Jackson v. Surber (D. Or. 2024). “) Jackson also mentions the Fourth Amendment, negligence, public nuisance, and Oregon Revised Statutes §§ 421.085 (prohibiting experimentation on adults in custody) and 433.”
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