Chapter 127 — Chapter 127

ORS 127.570 Mercy killing; suicide. (1) Nothing in ORS 127.505 to 127.660 and 127.995 is intended to condone, authorize or approve mercy killing, or to permit an affirmative or deliberate act or omission to end life, other than to allow the natural process of dying. In making a health care decision, a health care representative may not consider an attempted suicide by the principal as any indication of the principal’s wishes with regard to health care

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ORS 127.575 Instrument presumed valid. A health care provider has no duty to give effect to any instrument unless the provider has received a copy of the instrument. Health care providers are entitled to assume the validity and enforceability of an advance directive if the directive on its face is in compliance with ORS 127.505 to 127.660 and 127.995, and the provider has not been given notice of a suspension, reinstatement, revocation, superseding document, disqualification, withdrawal, dispute or other legal infirmity raising a question as to the validity or enforceability of the directive. Health care providers are entitled to assume the validity and enforceability of any other instrument if the provider has not been given notice of a suspension, reinstatement, revocation, superseding document, disqualification, withdrawal, dispute or other legal infirmity raising a question as to the validity or enforceability of the instrument. [1989 c.914 §15; 1993 c.767 §18]

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ORS 127.580 Presumption of consent to artificially administered nutrition and hydration; exceptions. (1) It shall be presumed that every person who is temporarily or permanently incapable has consented to artificially administered nutrition and hydration, other than hyperalimentation, that are necessary to sustain life except in one or more of the following circumstances

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ORS 127.585 [1989 c.914 §13; 1993 c.767 §19; renumbered 127.995 in 1993]

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ORS 127.605 [Formerly 97.050; 1991 c.470 §12; repealed by 1993 c.767 §29]

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ORS 127.610 [Formerly 97.055; repealed by 1993 c.767 §29]

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ORS 127.615 [Formerly 97.060; repealed by 1993 c.767 §29]

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ORS 127.620 [Formerly 97.065; repealed by 1993 c.767 §29]

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ORS 127.625 Providers under no duty to participate in withdrawal or withholding of certain health care; duty of provider who is unwilling to participate. (1) A health care provider is not under any duty, whether by contract, statute or other legal requirement, to participate in the withdrawal or withholding of life-sustaining procedures or of artificially administered nutrition or hydration

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ORS 127.630 [Formerly 97.080; repealed by 1993 c.767 §29]

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ORS 127.635 Withdrawal of life-sustaining procedures; conditions; selection of health care representative in certain cases; required consultation. (1) Life-sustaining procedures that would otherwise be applied to a principal who is incapable and who does not have an appointed health care representative or applicable valid advance directive may be withheld or withdrawn in accordance with subsections (2) and (3) of this section if the principal has been medically confirmed to be in one of the following conditions

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ORS 127.640 Physician to determine that conditions met before withdrawing or withholding certain health care. Before withholding or withdrawing life-sustaining procedures or artificially administered nutrition and hydration under the provisions of ORS 127.540, 127.580 or 127.635, the attending physician or attending health care provider shall determine that the conditions of ORS 127.540, 127.580 and 127.635 have been met. [Formerly 97.084; 1993 c.767 §22; 2018 c.36 §20]

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ORS 127.642 Principal to be provided with certain care to insure comfort and cleanliness. Individuals caring for a principal from whom life-sustaining procedures or artificially administered nutrition and hydration are withheld or withdrawn shall provide care to insure comfort and cleanliness, including but not limited to the following

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ORS 127.645 [Formerly 97.085; repealed by 1993 c.767 §29]

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ORS 127.646 Definitions for ORS 127.646 to 127.654. As used in ORS 127.646 to 127.654

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ORS 127.649 Health care organizations required to have written policies and procedures on providing information on patient’s right to make health care decisions. (1) Subject to the provisions of ORS 127.652 and 127.654, all health care organizations shall maintain written policies and procedures, applicable to each capable adult individual who receives health care by or through the health care organization, that provide for

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ORS 127.650 [Formerly 97.090; repealed by 1993 c.767 §29]

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ORS 127.652 Time of providing information. The written information described in ORS 127.649 (1) shall be provided

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ORS 127.654 Scope of requirement; limitation on liability for failure to comply. (1) The requirements of ORS 127.646 to 127.654 are in addition to any requirements that may be imposed under federal law, but ORS 127.646 to 127.654 shall be interpreted in a fashion consistent with the Patient Self-Determination Act, enacted by sections 4206 and 4751 of Public Law 101-508. Nothing in ORS 127.646 to 127.654 requires any health care organization, or any employee or agent of a health care organization, to act in a manner inconsistent with federal law or contrary to individual religious or philosophical beliefs

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ORS 127.658 Effect of ORS 127.505 to 127.660 on previously executed advance directives. (1) ORS 127.505 to 127.660 as enacted, the repeal of any statute that was a part of ORS 127.505 to 127.660 and subsequent amendments to the provisions of ORS 127.505 to 127.660 do not impair or supersede any advance directive, form appointing a health care representative or directive to physicians executed in accordance with

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ORS 127.660 Short title. ORS 127.505 to 127.660 and 127.995 may be cited as the Oregon Health Care Decisions Act. [1993 c.767 §24]

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ORS 127.663 Definitions for ORS 127.663 to 127.684. As used in ORS 127.663 to 127.684

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ORS 127.666 Establishment of registry; rules. (1) The Oregon Health Authority shall establish and operate a statewide registry for the collection and dissemination of physician orders for life-sustaining treatment to help ensure that medical treatment preferences for an individual nearing the end of the individual’s life are honored

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ORS 127.669 Oregon Health Authority not required to perform certain acts. Nothing in ORS 127.663 to 127.684 requires the Oregon Health Authority to

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ORS 127.672 POLST not required; revocation. Nothing in ORS 127.663 to 127.684 is intended to require an individual to have a POLST or to require a health professional to authorize or execute a POLST. A POLST may be revoked at any time. [2009 c.595 §1183]

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ORS 127.675 [2009 c.595 §1186; 2011 c.703 §24; repealed by 2017 c.101 §49]

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ORS 127.678 Confidentiality. Except as provided in ORS 127.666, all information collected or developed by the POLST registry that identifies or could be used to identify a patient, health care provider or facility is confidential and is not subject to civil or administrative subpoena or to discovery in a civil action, including but not limited to a judicial, administrative, arbitration or mediation proceeding. [2009 c.595 §1188]

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ORS 127.681 Immunity from liability. Any person reporting information to the POLST registry or acting on information obtained from the POLST registry in good faith is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to the reporting of information to the POLST registry or acting on information obtained from the POLST registry. [2009 c.595 §1189]

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ORS 127.684 Short title. ORS 127.663 to 127.684 shall be known and may be cited as the Oregon POLST Registry Act. [2009 c.595 §1181]

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ORS 127.690 Nonopioid directive form; when administration of opioids authorized; rules. (1) As used in this section

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ORS 127.700 Definitions for ORS 127.700 to 127.737. As used in ORS 127.700 to 127.737

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ORS 127.702 Persons who may make declaration for mental health treatment; period of validity. (1) An adult of sound mind may make a declaration of preferences or instructions regarding mental health treatment. The preferences or instructions may include consent to or refusal of mental health treatment

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ORS 127.703 Required policies regarding mental health treatment rights information; declarations for mental health treatment. (1) All health care and mental health care organizations shall maintain written policies and procedures, applicable to all capable adults who are receiving mental health treatment by or through the organization, that provide for

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ORS 127.705 Designation of attorney-in-fact for decisions about mental health treatment. A declaration may designate a competent adult to act as attorney-in-fact to make decisions about mental health treatment. An alternative attorney-in-fact may also be designated to act as attorney-in-fact if the original designee is unable or unwilling to act at any time. An attorney-in-fact who has accepted the appointment in writing may make decisions about mental health treatment on behalf of the principal only when the principal is incapable. The decisions must be consistent with any desires the principal has expressed in the declaration. [1993 c.442 §3]

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ORS 127.707 Execution of declaration; witnesses. (1) A declaration is effective only if it is signed by the principal and

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ORS 127.710 Operation of declaration; physician or provider to act in accordance with declaration. A declaration becomes operative when it is delivered to the principal’s physician or other provider and remains valid until revoked or expired. The physician or provider shall act in accordance with an operative declaration when the principal has been found to be incapable. The physician or provider shall continue to obtain the principal’s informed consent to all mental health treatment decisions if the principal is capable of providing informed consent or refusal. [1993 c.442 §5; 2014 c.45 §17]

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ORS 127.711 Determination of incapacity; petition for judicial determination of incapacity. (1) A person is incapable for purposes of ORS 127.700 to 127.737 if

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ORS 127.712 Scope of authority of attorney-in-fact; powers and duties; limitation on liability. (1) The attorney-in-fact does not have authority to make mental health treatment decisions unless the principal is incapable

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ORS 127.715 Prohibitions against requiring person to execute or refrain from executing declaration. A person shall not be required to execute or to refrain from executing a declaration as a criterion for insurance, as a condition for receiving mental or physical health services or as a condition of discharge from a health care facility. [1993 c.442 §7]

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ORS 127.717 Declaration to be made part of medical record; physician or provider to comply with declaration; withdrawal of physician or provider. Upon being presented with a declaration, a physician or other provider shall make the declaration a part of the principal’s medical record. When acting under authority of a declaration, a physician or provider must comply with it to the fullest extent possible, consistent with reasonable medical practice, the availability of treatments requested and applicable law. If the physician or other provider is unable or unwilling at any time to carry out preferences or instructions contained in a declaration or the decisions of the attorney-in-fact, the physician or provider may withdraw from providing treatment if withdrawal is consistent with the exercise of independent medical judgment that is in the best interest of the principal. Upon withdrawing, a physician or provider shall promptly notify the principal and the attorney-in-fact and document the notification in the principal’s medical record. [1993 c.442 §8; 1999 c.83 §2]

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ORS 127.720 Circumstances in which physician or provider may disregard declaration. (1) The physician or provider may subject the principal to mental health treatment in a manner contrary to the principal’s wishes as expressed in a declaration for mental health treatment only

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ORS 127.722 Revocation of declaration. (1) A declaration may be revoked in whole or in part at any time by the principal if the principal is not incapable. A revocation is effective when a capable principal communicates the revocation to the attending physician or other provider. The attending physician or other provider shall note the revocation as part of the principal’s medical record

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ORS 127.725 Limitations on liability of physician or provider. A physician or provider who administers or does not administer mental health treatment according to and in good faith reliance upon the validity of a declaration is not subject to criminal prosecution, civil liability or professional disciplinary action resulting from a subsequent finding of a declaration’s invalidity. [1993 c.442 §11]

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ORS 127.727 Persons prohibited from serving as attorney-in-fact. (1) None of the following may serve as attorney-in-fact

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ORS 127.730 [1993 c.442 §13; 2014 c.45 §20; repealed by 2023 c.11 §5]

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ORS 127.732 Withdrawal of attorney-in-fact; rescission of withdrawal. (1) An attorney-in-fact may withdraw by giving notice to the principal. If a principal is incapable, the attorney-in-fact may withdraw by giving notice to the attending physician or provider. The attending physician or provider shall note the withdrawal as part of the principal’s medical record

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ORS 127.735 [1993 c.442 §15; repealed by 1997 c.563 §2 (127.736 enacted in lieu of 127.735)]

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ORS 127.736 Form of declaration. A declaration for mental health treatment shall be in substantially the following form

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ORS 127.737 Certain other laws applicable to declaration. ORS 127.525, 127.550, 127.565, 127.570, 127.575 and 127.995 apply to a declaration for mental health treatment. [1993 c.442 §17; 2018 c.36 §22]

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ORS 127.760 Consent to health care services by person appointed by hospital; exceptions. (1) As used in this section

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