Title 13, Protective Proceedings; Powers of Attorney; Trusts

(1) In accordance with public notice and stakeholder participation requirements prescribed by the Oregon Health Authority, the Advance Directive Advisory Committee established under ORS 127.532 shall: (a) Advise the Legislative Assembly regarding the form of an advance directive …

(1) A health care representative has the authority over the principal’s health care that the principal would have if the principal were not incapable, subject to the limitations of the appointment and ORS 127.540 and 127.580. A health care representative who is known to a health …

ORS 127.505 to 127.660 do not authorize an appointed health care representative to make a health care decision with respect to any of the following on behalf of the principal: (1) Convulsive treatment. (2) Psychosurgery. (3) Sterilization. (4) Abortion. (5) Withholding or withdra…

(1) An advance directive or a health care decision by a health care representative may be revoked: (a) If the advance directive or health care decision involves the decision to withhold or withdraw life-sustaining procedures or artificially administered nutrition and hydration, a…

(1) A health care decision made by a person who is authorized to make the decision under ORS 127.505 to 127.660 is effective immediately and does not require judicial approval. (2) A petition may be filed under ORS 127.505 to 127.660 for one or more of the following purposes: (a)…

(1) If there is more than one physician or health care provider caring for a principal, the principal shall designate one physician or one health care provider as the attending physician or the attending health care provider. If the principal is incapable, the health care represe…

(1) Except as otherwise specifically provided, ORS 127.505 to 127.660 and 127.995 do not impair or supersede the laws of this state relating to: (a) Any requirement of notice to others of proposed health care; (b) The standard of care required of a health care provider in the adm…

(1) In following an advance directive or the decision of a health care representative, a health care provider shall exercise the same independent medical judgment that the health care provider would exercise in following the decisions of the principal if the principal were capabl…

(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 r…

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 O…

(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: (a) Th…

(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. (2) If a health care provider is unable…

(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 secti…

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,…

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: (1) Oral and body hygiene. (2) …

As used in ORS 127.646 to 127.654: (1) “Health care organization” means a home health agency, hospice program, hospital, long term care facility or health maintenance organization. (2) “Health maintenance organization” has the meaning given that term in ORS 750.005, except that “…

(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: (a) Deliverin…

The written information described in ORS 127.649 (1) shall be provided: (1) By hospitals, not later than five days after an individual is admitted as an inpatient, but in any event before discharge; (2) By long term care facilities, not later than five days after an individual is…

(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 L…

(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 direc…

ORS 127.505 to 127.660 and 127.995 may be cited as the Oregon Health Care Decisions Act. [1993 c.767 §24] PHYSICIAN ORDERS FOR LIFE-SUSTAINING TREATMENT REGISTRY

As used in ORS 127.663 to 127.684: (1) “Authorized user” means a person authorized by the Oregon Health Authority to provide information to or receive information from the POLST registry. (2) “Life-sustaining treatment” means any medical procedure, pharmaceutical, medical device …

(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…

Nothing in ORS 127.663 to 127.684 requires the Oregon Health Authority to: (1) Prescribe the form or content of a POLST; (2) Disseminate forms to be used for a POLST; (3) Educate the public about POLSTs, generally; or (4) Train health care providers about POLSTs. [2009 c.595 §118…

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]

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 civ…

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 regi…

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

(1) As used in this section: (a) “Emergency medical services provider” means a person practicing within the scope of the person’s license to practice as an emergency medical services provider under ORS chapter 682. (b) “Health care advocate” has the meaning given that term in ORS…

As used in ORS 127.700 to 127.737: (1) “Attending physician” shall have the same meaning as provided in ORS 127.505. (2) “Attorney-in-fact” means an adult validly appointed under ORS 127.540, 127.700 to 127.737 and 426.385 to make mental health treatment decisions for a principal…

(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. (2) A declaration for mental health treatment continues in effect for …

(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: (a) Delivering to those individuals the following …

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 attor…

(1) A declaration is effective only if it is signed by the principal and: (a) Signed by two competent adult witnesses; or (b) Notarized by a notary public. (2) If a declaration is validated under subsection (1)(a) of this section, each witness must: (a) Witness the principal sign…

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 p…

(1) A person is incapable for purposes of ORS 127.700 to 127.737 if: (a) The person’s ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks capacity to make mental health treatment decisions,…

(1) The attorney-in-fact does not have authority to make mental health treatment decisions unless the principal is incapable. (2) The attorney-in-fact is not, as a result of acting in that capacity, personally liable for the cost of treatment provided to the principal. (3) Except…

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]

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 re…

(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: (a) If the principal is committed pursuant to ORS 426.005 to 426.390 or 426.701 to the…

(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 provi…

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 subsequen…

(1) None of the following may serve as attorney-in-fact: (a) The attending physician or provider or an employee of the physician or provider, if the physician, provider or employee is unrelated to the principal by blood, marriage or adoption. (b) An owner, operator or employee of…

(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…

A declaration for mental health treatment shall be in substantially the following form: ______________________________________________________________________________ DECLARATION FOR MENTAL HEALTH TREATMENT I, ___________________, being an adult of sound mind, willfully and volun…

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] CONSENT TO HEALTH CARE SERVICES BY PERSON OTHER THAN HEALTH CARE REPRESENTATIVE

(1) As used in this section: (a) “Health care instruction” means a document executed by a patient to indicate the patient’s instructions regarding health care decisions. (b) “Health care provider” means a person licensed, certified or otherwise authorized by the law of this state…

(1) As used in this section: (a) “Attending physician” has the meaning given that term in ORS 127.505. (b) “Developmental disability” has the meaning given that term in ORS 427.005. (c) “Emergency treatment” means a procedure or treatment that, if delayed, is likely to: (A) Place…

The following words and phrases, whenever used in ORS 127.800 to 127.897, have the following meanings: (1) “Adult” means an individual who is 18 years of age or older. (2) “Attending physician” means the physician who has primary responsibility for the care of the patient and tre…

(1) An adult who is capable and has been determined by the attending physician and consulting physician to be suffering from a terminal disease, and who has voluntarily expressed his or her wish to die, may make a written request for medication for the purpose of ending his or he…