ORS 127.505 Definitions for ORS 127.505 to 127.660

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 representative.

“Advance directive” includes any supplementary document or writing attached by the principal to the document described in paragraph (a) of this subsection.

“Appointment” means a form appointing a health care representative, letters of guardianship or a court order appointing a health care representative.

“Artificially administered nutrition and hydration” means a medical intervention to provide food and water by tube, mechanical device or other medically assisted method.

“Artificially administered nutrition and hydration” does not include the usual and typical provision of nutrition and hydration, such as the provision of nutrition and hydration by cup, hand, bottle, drinking straw or eating utensil.

“Attending health care provider” means the health care provider who has primary responsibility for the care and treatment of the principal, provided that the powers and duties conferred on the health care provider by ORS 127.505 to 127.660 are within the health care provider’s scope of practice.

“Attending physician” means the physician who has primary responsibility for the care and treatment of the principal.

“Capable” means not incapable.

“Form appointing a health care representative” means:

The portion of the form set forth in ORS 127.529, used to appoint a health care representative or an alternate health care representative; or

The form set forth in ORS 127.527.

“Health care” means diagnosis, treatment or care of disease, injury and congenital or degenerative conditions, including the use, maintenance, withdrawal or withholding of life-sustaining procedures and the use, maintenance, withdrawal or withholding of artificially administered nutrition and hydration.

“Health care decision” means consent, refusal of consent or withholding or withdrawal of consent to health care, and includes decisions relating to admission to or discharge from a health care facility.

“Health care facility” means a health care facility as defined in ORS 442.015, a domiciliary care facility as defined in ORS 443.205, a residential facility as defined in ORS 443.400, an adult foster home as defined in ORS 443.705 or a hospice program as defined in ORS 443.850.

“Health care provider” means a person licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession.

“Health care provider” includes a health care facility.

“Health care representative” means:

A competent adult appointed to be a health care representative or an alternate health care representative under ORS 127.510.

A person who has authority to make health care decisions for a principal under the provisions of ORS 127.635 (2) or (3).

A guardian or other person, appointed by a court to make health care decisions for a principal.

“Incapable” means that in the opinion of the court in a proceeding to appoint or confirm authority of a health care representative, or in the opinion of the principal’s attending physician or attending health care provider, a principal lacks the ability to make and communicate health care decisions to health care providers, including communication through persons familiar with the principal’s manner of communicating if those persons are available.

“Instrument” means an advance directive, form appointing a health care representative, disqualification, withdrawal, court order, court appointment or other document governing health care decisions.

“Life-sustaining procedure” means any medical procedure, pharmaceutical, medical device or medical intervention that maintains life by sustaining, restoring or supplanting a vital function.

“Life-sustaining procedure” does not include routine care necessary to sustain patient cleanliness and comfort.

“Medically confirmed” means the medical opinion of the attending physician or attending health care provider has been confirmed by a second physician or second health care provider who has examined the patient and who has clinical privileges or expertise with respect to the condition to be confirmed.

“Permanently unconscious” means completely lacking an awareness of self and external environment, with no reasonable possibility of a return to a conscious state, and that condition has been medically confirmed by a neurological specialist who is an expert in the examination of unresponsive individuals.

“Physician” means an individual licensed to practice medicine by the Oregon Medical Board or a naturopathic physician licensed to practice naturopathic medicine by the Oregon Board of Naturopathic Medicine.

“Principal” means:

An adult who has executed an advance directive;

A person of any age who has a health care representative;

A person for whom a health care representative is sought; or

A person being evaluated for capability to whom a health care representative will be assigned if the person is determined to be incapable.

“Terminal condition” means a health condition in which death is imminent irrespective of treatment, and where the application of life-sustaining procedures or the artificial administration of nutrition and hydration serves only to postpone the moment of death of the principal.