Oregon Law
Law as of Jan 1, 2024
Chapter contents
127.002Definitions for ORS 127.005 to 127.045 127.005When power of attorney in effect; accounting to conservator 127.010[Repealed by 1969 c.591 §305] 127.015Revocation of power of attorney; termination of agent’s authority not effective until death or other event known 127.020[Repealed by 1969 c.591 §305] 127.025Authority under power of attorney recognizable regardless of date of execution 127.030[Repealed by 1969 c.591 §305] 127.035Limitations on liability of person reasonably relying on power of attorney 127.040[Repealed by 1969 c.591 §305] 127.045Duty of agent under power of attorney 127.050[Repealed by 1969 c.591 §305] 127.060[Repealed by 1969 c.591 §305] 127.070[Repealed by 1969 c.591 §305] 127.080[Repealed by 1969 c.591 §305] 127.090[Repealed by 1969 c.591 §305] 127.100[Repealed by 1969 c.591 §305] 127.110[Repealed by 1969 c.591 §305] 127.120[Repealed by 1969 c.591 §305] 127.130[Repealed by 1969 c.591 §305] 127.140[Repealed by 1969 c.591 §305] 127.150[Repealed by 1969 c.591 §305] 127.160[Repealed by 1969 c.591 §305] 127.170[Repealed by 1969 c.591 §305] 127.180[Repealed by 1969 c.591 §305] 127.190[Repealed by 1969 c.591 §305] 127.310[Repealed by 1969 c.591 §305] 127.320[Repealed by 1969 c.591 §305] 127.330[Repealed by 1969 c.591 §305] 127.340[Repealed by 1969 c.591 §305] 127.350[Repealed by 1969 c.591 §305] 127.505Definitions for ORS 127.505 to 127.660 127.507Capable adults may make own health care decisions 127.510Appointment of health care representative and alternate health care representative; duration 127.515Execution; witnesses; out-of-state execution 127.520Persons not eligible to serve as health care representative; manner of disqualifying persons for service 127.525Acceptance of appointment; withdrawal 127.527Form for appointing health care representative 127.529Form of advance directive 127.530[1989 c.914 §6; repealed by 1993 c.767 §7 (127.531 enacted in lieu of 127.530)] 127.531[1993 c.767 §8 (enacted in lieu of 127.530); repealed by 2018 c.36 §30] 127.532Appointment; term of office; rules 127.533Duties; advance directive elements; reports 127.534[2018 c.36 §4; repealed by 2021 c.328 §11] 127.535Authority of health care representative; duties; objection by principal 127.540Limitations on authority of health care representative 127.545Revocation of advance directive or health care decision; when revocation effective; effect of executing form appointing health care representative 127.550Petition for judicial review of advance directives; scope of review; authority to file petition 127.555Designation of attending physician or health care provider; liability of health care representative and health care provider 127.560Provisions not exclusive; effect of provisions on civil and criminal liability of health care representative and provider 127.565Independent medical judgment of provider; effect of advance directive on insurance 127.570Mercy killing; suicide 127.575Instrument presumed valid 127.580Presumption of consent to artificially administered nutrition and hydration; exceptions 127.585[1989 c.914 §13; 1993 c.767 §19; renumbered 127.995 in 1993] 127.605[Formerly 97.050; 1991 c.470 §12; repealed by 1993 c.767 §29] 127.610[Formerly 97.055; repealed by 1993 c.767 §29] 127.615[Formerly 97.060; repealed by 1993 c.767 §29] 127.620[Formerly 97.065; repealed by 1993 c.767 §29] 127.625Providers under no duty to participate in withdrawal or withholding of certain health care; duty of provider who is unwilling to participate 127.630[Formerly 97.080; repealed by 1993 c.767 §29] 127.635Withdrawal of life-sustaining procedures; conditions; selection of health care representative in certain cases; required consultation 127.640Physician to determine that conditions met before withdrawing or withholding certain health care 127.642Principal to be provided with certain care to insure comfort and cleanliness 127.645[Formerly 97.085; repealed by 1993 c.767 §29] 127.646Definitions for ORS 127.646 to 127.654 127.649Health care organizations required to have written policies and procedures on providing information on patient’s right to make health care decisions 127.650[Formerly 97.090; repealed by 1993 c.767 §29] 127.652Time of providing information 127.654Scope of requirement; limitation on liability for failure to comply 127.658Effect of ORS 127.505 to 127.660 on previously executed advance directives 127.660Short title 127.663Definitions for ORS 127.663 to 127.684 127.666Establishment of registry; rules 127.669Oregon Health Authority not required to perform certain acts 127.672POLST not required; revocation 127.675[2009 c.595 §1186; 2011 c.703 §24; repealed by 2017 c.101 §49] 127.678Confidentiality 127.681Immunity from liability 127.684Short title 127.700Definitions for ORS 127.700 to 127.737 127.702Persons who may make declaration for mental health treatment; period of validity 127.703Required policies regarding mental health treatment rights information; declarations for mental health treatment 127.705Designation of attorney-in-fact for decisions about mental health treatment 127.707Execution of declaration; witnesses 127.710Operation of declaration; physician or provider to act in accordance with declaration 127.712Scope of authority of attorney-in-fact; powers and duties; limitation on liability 127.715Prohibitions against requiring person to execute or refrain from executing declaration 127.717Declaration to be made part of medical record; physician or provider to comply with declaration; withdrawal of physician or provider 127.720Circumstances in which physician or provider may disregard declaration 127.722Revocation of declaration 127.725Limitations on liability of physician or provider 127.727Persons prohibited from serving as attorney-in-fact 127.730[1993 c.442 §13; 2014 c.45 §20; repealed by 2023 c.11 §5] 127.732Withdrawal of attorney-in-fact; rescission of withdrawal 127.735[1993 c.442 §15; repealed by 1997 c.563 §2 (127.736 enacted in lieu of 127.735)] 127.736Form of declaration 127.737Certain other laws applicable to declaration 127.760Consent to health care services by person appointed by hospital; exceptions 127.765Health care advocate; appointment; powers; limitations; term; approval of certain decisions; protest; training; rules 127.800§1.01. Definitions 127.805§2.01. Who may initiate a written request for medication 127.810§2.02. Form of the written request 127.815§3.01. Attending physician responsibilities 127.820§3.02. Consulting physician confirmation 127.825§3.03. Counseling referral 127.830§3.04. Informed decision 127.835§3.05. Family notification 127.840§3.06. Written and oral requests 127.845§3.07. Right to rescind request 127.850§3.08. Waiting periods 127.855§3.09. Medical record documentation requirements 127.860[1995 c.3 §3.10; 1999 c.423 §8; repealed by 2023 c.241 §4] 127.865§3.11. Reporting requirements 127.870§3.12. Effect on construction of wills, contracts and statutes 127.875§3.13. Insurance or annuity policies 127.880§3.14. Construction of Act 127.885§4.01. Immunities; basis for prohibiting health care provider from participation; notification; permissible sanctions 127.890§4.02. Liabilities 127.892Claims by governmental entity for costs incurred 127.895§5.01. Severability 127.897§6.01. Form of the request 127.899Short title 127.990[Formerly part of 97.990; repealed by 1993 c.767 §29] 127.995Penalties

Chapter 127 — Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity

ORS 127.700 Definitions for ORS 127.700 to 127.737

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 under a declaration for mental health treatment and also means an alternative attorney-in-fact.

(3)

“Declaration” means a document making a declaration of preferences or instructions regarding mental health treatment.

(4)

“Health care facility” shall have the same meaning as provided in ORS 127.505.

(5)

“Health care provider” shall have the same meaning as provided in ORS 127.505.

(6)

“Incapable” means that, in the opinion of the court in a protective proceeding under ORS chapter 125, or the opinion of two physicians, a person’s ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions.

(7)

“Mental health treatment” means convulsive treatment, treatment of mental illness with psychoactive medication, admission to and retention in a health care facility for a period not to exceed 17 days for care or treatment of mental illness, and outpatient services.

(8)

“Outpatient services” means treatment for a mental or emotional disorder that is obtained by appointment and is provided by an outpatient service as defined in ORS 430.010.

(9)

“Provider” means a mental health treatment provider, a physician assistant licensed under ORS 677.505 to 677.525 or a nurse practitioner licensed under ORS 678.375 to 678.390.

(10)

“Representative” means “attorney-in-fact” as defined in this section. [1993 c.442 §1; 1995 c.664 §88; 1997 c.563 §1; 1999 c.83 §1; 2001 c.104 §39; 2014 c.45 §16; 2023 c.11 §2]

Note: Section 6, chapter 11, Oregon Laws 2023,

provides: Sec. 6. The amendments to ORS 97.130, 127.700, 127.707 and 127.736 by sections 1 to 4 of this 2023 Act and the repeal of ORS 127.730 by section 5 of this 2023 Act apply to documents executed on or after the effective date of this 2023 Act [January 1, 2024].

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.