Oregon Revised Statutes
For the purposes of ORS 127.005 to 127.045: “Agent” includes an attorney-in-fact. “Financially incapable” has the meaning given that term in ORS 125.005. “Incapacitated” has the meaning given that term in ORS 125.005.
When a principal designates another person as an agent by a power of attorney in writing, and the power of attorney does not contain words that otherwise delay or limit the period of time of its effectiveness: The power of attorney becomes effective when executed and remains in effect until the power is revoked by the principal or by the terms of the power …
The authority of an agent under a power of attorney terminates upon the occurrence of any of the following: The principal dies. The principal or the court revokes the power of attorney. The agent dies, becomes financially incapable or incapacitated or resigns. The power of attorney by its terms provides that the power of attorney terminates. An action i…
A person may not refuse to recognize the authority of an agent under a power of attorney based solely on the passage of time since the power of attorney was executed.
Any person who reasonably relies in good faith on the authority of an agent under a power of attorney is not liable to any other person based on that reliance, and is not required to ensure that assets of the principal that are paid or delivered to the agent are properly applied. Any person who has not received actual notice of revocation of a power of attor…
Unless otherwise provided in the power of attorney document, an agent must use the property of the principal for the benefit of the principal.
ADVANCE DIRECTIVES FOR HEALTH CARE (Definitions)
As used in ORS 127.505 to 127.660 and 127.995: “Adult” means an individual who: Is 18 years of age or older; or Has been adjudicated an emancipated minor, or is a minor who is married. “Advance directive” means a document executed by a principal that contains: A form appointing a health care representative; and Instructions to the health care represent…
Capable adults may make their own health care decisions. (Formalities of Executing Advance Directive)
A capable adult may execute an advance directive. The advance directive is effective when it is signed by the principal and witnessed or notarized as described in ORS 127.515. A capable adult may use a form appointing a health care representative to appoint a competent adult to serve as the health care representative for the capable adult. A health care rep…
An advance directive form set forth in ORS 127.529 or a form appointing a health care representative set forth in ORS 127.527 may be executed by an Oregon resident or by a resident of any other state while physically present in this state. The form described in subsection (1) of this section must be signed and: Witnessed and signed by at least two adults; …
Except as provided in ORS 127.635 or as may be allowed by court order, the following persons may not serve as health care representatives: If unrelated to the principal by blood, marriage or adoption: The attending physician or attending health care provider of the principal, or an employee of the attending physician or attending health care provider of th…
A person may accept appointment as a health care representative or an alternate health care representative in a form appointing a health care representative by: Signing the acceptance of appointment; or Representing to a third party that the person has accepted the authority and duties of a health care representative under an advance directive in which the…
A form for appointing a health care representative and an alternate health care representative must be written in substantially the following form: ______________________________________________________________________________ FORM FOR APPOINTING HEALTH CARE REPRESENTATIVE AND ALTERNATE HEALTH CARE REPRESENTATIVE This form may be used in Oregon to choo…
An advance directive executed by an Oregon resident or by a resident of any other state while physically present in this state must be in substantially the following form: ______________________________________________________________________________ OREGON ADVANCE DIRECTIVE FOR HEALTH CARE • This Advance Directive form allows you to: • Share your value…
(Advance Directive Advisory Committee)
The Advance Directive Advisory Committee is established within the division of the Oregon Health Authority that is charged with performing the public health functions of the state. The committee consists of 13 members. One member shall be the Long Term Care Ombudsman or the designee of the Long Term Care Ombudsman. The other 12 members shall be appointed …
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: Advise the Legislative Assembly regarding the form of an advance directive to be used in this state; Review the form set forth in ORS 127.529 not less than once …
(Effect of Executing Advance Directive)
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 care provider to be available to make health care decisions has priority over any pe…
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: Convulsive treatment. Psychosurgery. Sterilization. Abortion. Withholding or withdrawing of a life-sustaining procedure unless: The appointed health care representative has been …
An advance directive or a health care decision by a health care representative may be revoked: If the advance directive or health care decision involves the decision to withhold or withdraw life-sustaining procedures or artificially administered nutrition and hydration, at any time and in any manner by which the principal is able to communicate the intent t…
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. A petition may be filed under ORS 127.505 to 127.660 for one or more of the following purposes: Determining whether a principal is incapable. Determining whether an appointment of a he…
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 representative for the principal shall designate the attending physician or the attending h…
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: Any requirement of notice to others of proposed health care; The standard of care required of a health care provider in the administration of health care; Whether consent is required for health care; The elements of…
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 capable. A person may not be required to execute or to refrain from executing an advance …
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 indicati…
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…
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: The person while a capable adult clearly and specifically stated that the person would ha…
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. If a health care provider is unable or unwilling to carry out an advance directive or the decisions of the health care rep…
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 condi…
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.
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: Oral and body hygiene. Reasonable efforts to offer food and fluids orally. Medication, positioning, warmth, …
(Requirements Imposed on Health Care Organizations Relating to Rights of Individuals to Make Health Care Decisions)
As used in ORS 127.646 to 127.654: “Health care organization” means a home health agency, hospice program, hospital, long term care facility or health maintenance organization. “Health maintenance organization” has the meaning given that term in ORS 750.005, except that “health maintenance organization” includes only those organizations that participate in…
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: Delivering to the individual the following information and materials, in written form, without r…
The written information described in ORS 127.649 (1) shall be provided: By hospitals, not later than five days after an individual is admitted as an inpatient, but in any event before discharge; By long term care facilities, not later than five days after an individual is admitted as a resident, but in any event before discharge; By a home health agency o…
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,…
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: The provisions of ORS 127.505 to 12…
ORS 127.505 to 127.660 and 127.995 may be cited as the Oregon Health Care Decisions Act. PHYSICIAN ORDERS FOR LIFE-SUSTAINING TREATMENT REGISTRY
As used in ORS 127.663 to 127.684: “Authorized user” means a person authorized by the Oregon Health Authority to provide information to or receive information from the POLST registry. “Life-sustaining treatment” means any medical procedure, pharmaceutical, medical device or medical intervention that maintains life by sustaining, restoring or supplanting a …
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. The authority shall adopt rules for the registry, including but not limit…
Nothing in ORS 127.663 to 127.684 requires the Oregon Health Authority to: Prescribe the form or content of a POLST; Disseminate forms to be used for a POLST; Educate the public about POLSTs, generally; or Train health care providers about POLSTs.
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.
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 …
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.
ORS 127.663 to 127.684 shall be known and may be cited as the Oregon POLST Registry Act. NONOPIOID DIRECTIVE
As used in this section: “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. “Health care advocate” has the meaning given that term in ORS 127.765. “Health care facility” has the meaning given that term in ORS 442.015. “Health…
As used in ORS 127.700 to 127.737: “Attending physician” shall have the same meaning as provided in ORS 127.505. “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 under a declaration for mental health treatment and also means an alternative attorne…
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. A declaration for mental health treatment continues in effect for a period of three years or until revoked. The authority of a named attorney-in-fact and…
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: Delivering to those individuals the following information and materials, in written form, without recommendation: Information on the…
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…
A declaration is effective only if it is signed by the principal and: Signed by two competent adult witnesses; or Notarized by a notary public. If a declaration is validated under subsection (1)(a) of this section, each witness must: Witness the principal signing the declaration or acknowledging the signature of the principal on the declaration. Attest …
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 t…
A person is incapable for purposes of ORS 127.700 to 127.737 if: 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, taking into consideration such factors as those described in subsection (2) of this se…
The attorney-in-fact does not have authority to make mental health treatment decisions unless the principal is incapable. 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. Except to the extent the right is limited by the declaration or any federal law, an attorney-in-…
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.
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 applicab…
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: If the principal is committed pursuant to ORS 426.005 to 426.390 or 426.701 to the Oregon Health Authority and treatment is authorized in compliance with ORS 426.385 (3)…
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. The author…
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.
None of the following may serve as attorney-in-fact: 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. An owner, operator or employee of a health care facility in which the principal is a patient or resident, if the owner, ope…
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. A person who has withdrawn under the provisions of subsection (1) …
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 voluntarily make this declaration for mental health treatment. I want this declar…
ORS 127.525, 127.550, 127.565, 127.570, 127.575 and 127.995 apply to a declaration for mental health treatment. CONSENT TO HEALTH CARE SERVICES BY PERSON OTHER THAN HEALTH CARE REPRESENTATIVE
As used in this section: “Health care instruction” means a document executed by a patient to indicate the patient’s instructions regarding health care decisions. “Health care provider” means a person licensed, certified or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession.…
As used in this section: “Attending physician” has the meaning given that term in ORS 127.505. “Developmental disability” has the meaning given that term in ORS 427.005. “Emergency treatment” means a procedure or treatment that, if delayed, is likely to: Place the health of the individual in serious jeopardy; Result in serious impairment to bodily funct…
The following words and phrases, whenever used in ORS 127.800 to 127.897, have the following meanings: “Adult” means an individual who is 18 years of age or older. “Attending physician” means the physician who has primary responsibility for the care of the patient and treatment of the patient’s terminal disease. “Capable” means that in the opinion of a co…
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 her life in a humane and dignified manner in accordance with ORS 127.800 to 127.897. …
A valid request for medication under ORS 127.800 to 127.897 shall be in substantially the form described in ORS 127.897, signed and dated by the patient and witnessed by at least two individuals who, in the presence of the patient, attest that to the best of their knowledge and belief the patient is capable, acting voluntarily, and is not being coerced to si…
The attending physician shall: Make the initial determination of whether a patient has a terminal disease, is capable, and has made the request voluntarily; To ensure that the patient is making an informed decision, inform the patient of: His or her medical diagnosis; His or her prognosis; The potential risks associated with taking the medication to be …
Before a patient is qualified under ORS 127.800 to 127.897, a consulting physician shall examine the patient and his or her relevant medical records and confirm, in writing, the attending physician’s diagnosis that the patient is suffering from a terminal disease, and verify that the patient is capable, is acting voluntarily and has made an informed decision…
If in the opinion of the attending physician or the consulting physician a patient may be suffering from a psychiatric or psychological disorder or depression causing impaired judgment, either physician shall refer the patient for counseling. No medication to end a patient’s life in a humane and dignified manner shall be prescribed until the person performin…
No person shall receive a prescription for medication to end his or her life in a humane and dignified manner unless he or she has made an informed decision as defined in ORS 127.800 (7). Immediately prior to writing a prescription for medication under ORS 127.800 to 127.897, the attending physician shall verify that the patient is making an informed decisio…
The attending physician shall recommend that the patient notify the next of kin of his or her request for medication pursuant to ORS 127.800 to 127.897. A patient who declines or is unable to notify next of kin shall not have his or her request denied for that reason.
In order to receive a prescription for medication to end his or her life in a humane and dignified manner, a qualified patient shall have made an oral request and a written request, and reiterate the oral request to his or her attending physician no less than 15 days after making the initial oral request. Notwithstanding subsection (1) of this section, if t…
A patient may rescind his or her request at any time and in any manner without regard to his or her mental state. No prescription for medication under ORS 127.800 to 127.897 may be written without the attending physician offering the qualified patient an opportunity to rescind the request.
No less than 15 days shall elapse between the patient’s initial oral request and the writing of a prescription under ORS 127.800 to 127.897. No less than 48 hours shall elapse between the patient’s written request and the writing of a prescription under ORS 127.800 to 127.897. Notwithstanding subsection (1) of this section, if the qualified patient’s attend…
The following shall be documented or filed in the patient’s medical record: All oral requests by a patient for medication to end his or her life in a humane and dignified manner; All written requests by a patient for medication to end his or her life in a humane and dignified manner; The attending physician’s diagnosis and prognosis, determination that th…
The Oregon Health Authority shall annually review a sample of records maintained pursuant to ORS 127.800 to 127.897. The authority shall require any health care provider upon dispensing medication pursuant to ORS 127.800 to 127.897 to file a copy of the dispensing record with the authority. The authority shall make rules to facilitate the collection of inf…
No provision in a contract, will or other agreement, whether written or oral, to the extent the provision would affect whether a person may make or rescind a request for medication to end his or her life in a humane and dignified manner, shall be valid. No obligation owing under any currently existing contract shall be conditioned or affected by the making …
The sale, procurement, or issuance of any life, health, or accident insurance or annuity policy or the rate charged for any policy shall not be conditioned upon or affected by the making or rescinding of a request, by a person, for medication to end his or her life in a humane and dignified manner. Neither shall a qualified patient’s act of ingesting medicat…
Nothing in ORS 127.800 to 127.897 shall be construed to authorize a physician or any other person to end a patient’s life by lethal injection, mercy killing or active euthanasia. Actions taken in accordance with ORS 127.800 to 127.897 shall not, for any purpose, constitute suicide, assisted suicide, mercy killing or homicide, under the law. (Immunities and …
Except as provided in ORS 127.890: No person shall be subject to civil or criminal liability or professional disciplinary action for participating in good faith compliance with ORS 127.800 to 127.897. This includes being present when a qualified patient takes the prescribed medication to end his or her life in a humane and dignified manner. No professional…
A person who without authorization of the patient willfully alters or forges a request for medication or conceals or destroys a rescission of that request with the intent or effect of causing the patient’s death shall be guilty of a Class A felony. A person who coerces or exerts undue influence on a patient to request medication for the purpose of ending th…
Any governmental entity that incurs costs resulting from a person terminating his or her life pursuant to the provisions of ORS 127.800 to 127.897 in a public place shall have a claim against the estate of the person to recover such costs and reasonable attorney fees related to enforcing the claim. (Severability) (Section 5)
Any section of ORS 127.800 to 127.897 being held invalid as to any person or circumstance shall not affect the application of any other section of ORS 127.800 to 127.897 which can be given full effect without the invalid section or application. (Form of the Request) (Section 6)
A request for a medication as authorized by ORS 127.800 to 127.897 shall be in substantially the following form: ______________________________________________________________________________ REQUEST FOR MEDICATION TO END MY LIFE IN A HUMANE AND DIGNIFIED MANNER I, ______________________, am an adult of sound mind. I am suffering from _________, which …
ORS 127.800 to 127.897 shall be known as the Oregon Death with Dignity Act.
PENALTIES
It shall be a Class A felony for a person without authorization of the principal to willfully alter, forge, conceal or destroy an instrument, the reinstatement or revocation of an instrument or any other evidence or document reflecting the principal’s desires and interests, with the intent and effect of causing a withholding or withdrawal of life-sustaining …