Oregon Statutes - Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Declarations for Mental Health Treatment; Death with Dignity

• 127.005   When power of attorney in effect; accounting to conservator.
  (1) When a principal designates another an attorney-in-fact or agent by a power of attorney in writing and the writing does not contain words that...
• 127.010   [Repealed by 1969 c.591 §305]
• 127.015   Power of attorney not revoked until death known.
  (1) The death of any principal who has executed a power of attorney in writing does not revoke or terminate the agency as to the...
• 127.020   [Repealed by 1969 c.591 §305]
• 127.025   Authority under power of attorney recognizable regardless of date of execution.
  A person may not refuse to recognize the authority of an attorney-in-fact or agent under a power of attorney based solely on the passage of...
• 127.030   [Repealed by 1969 c.591 §305]
• 127.035   Limitations on liability of person reasonably relying on power of attorney.
  Any person who reasonably relies in good faith on the authority of an attorney-in-fact or agent under a power of attorney is not liable to...
• 127.040   [Repealed by 1969 c.591 §305]
• 127.045   Duty of attorney-in-fact or agent under power of attorney.
  Unless otherwise provided in the power of attorney document, an attorney-in-fact or agent must use the property of the principal for the benefit of the...
• 127.050   [Repealed by 1969 c.591 §305]
• 127.060   [Repealed by 1969 c.591 §305]
• 127.070   [Repealed by 1969 c.591 §305]
• 127.080   [Repealed by 1969 c.591 §305]
• 127.090   [Repealed by 1969 c.591 §305]
• 127.100   [Repealed by 1969 c.591 §305]
• 127.110   [Repealed by 1969 c.591 §305]
• 127.120   [Repealed by 1969 c.591 §305]
• 127.130   [Repealed by 1969 c.591 §305]
• 127.140   [Repealed by 1969 c.591 §305]
• 127.150   [Repealed by 1969 c.591 §305]
• 127.160   [Repealed by 1969 c.591 §305]
• 127.170   [Repealed by 1969 c.591 §305]
• 127.180   [Repealed by 1969 c.591 §305]
• 127.190   [Repealed by 1969 c.591 §305]
• 127.310   [Repealed by 1969 c.591 §305]
• 127.320   [Repealed by 1969 c.591 §305]
• 127.330   [Repealed by 1969 c.591 §305]
• 127.340   [Repealed by 1969 c.591 §305]
• 127.350   [Repealed by 1969 c.591 §305]
• 127.505   Definitions for ORS 127.505 to 127.660.
  As used in ORS 127.505 to 127.660 and 127.995: (1) “Adult” means an individual who is 18 years of age or older, who has been...
• 127.507   Capable adults may make own health care decisions.
  Capable adults may make their own health care decisions. [1993 c.767 §2] (Formalities of Executing Advance Directive)
• 127.510   Designation of attorney-in-fact; execution of health care instruction; duration.
  (1) A capable adult may designate in writing a competent adult to serve as attorney-in-fact for health care. A capable adult may also designate a...
• 127.515   Manner of executing advance directive; forms; witnesses; directives executed out of state.
  (1) An advance directive may be executed by a resident or nonresident adult of this state in the manner provided by ORS 127.505 to 127.660...
• 127.520   Persons not eligible to serve as attorney-in-fact; manner of disqualifying persons for service as attorney-in-fact.
  (1) 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...
• 127.525   Acceptance of appointment; withdrawal.
  For an appointment under a power of attorney for health care to be effective, the attorney-in-fact must accept the appointment in writing. Subject to the...
• 127.530   [1989 c.914 §6; repealed by 1993 c.767 §7 (127.531 enacted in lieu of 127.530)]
• 127.531   Form of advance directive.
  (1) The form of an advance directive executed by an Oregon resident must be the same as the form set forth in this section to...
• 127.535   Authority of health care representative; duties; objection by principal.
  (1) The health care representative has all the authority over the principal’s health care that the principal would have if not incapable, subject to the...
• 127.540   Limitations on authority of health care representative.
  ORS 127.505 to 127.660 and 127.995 do not authorize an appointed health care representative to make a health care decision with respect to any of...
• 127.545   Revocation of advance directive or health care decision; when revocation effective; effect of executing power of attorney for health care.
  (1) An advance directive or a health care decision by a health care representative may: (a) If it involves the decision to withhold or withdraw...
• 127.550   Petition for judicial review of advance directives; scope of review; authority to file petition.
  (1) A health care decision made by an individual who is authorized to make the decision under ORS 127.505 to 127.660 and 127.995 is effective...
• 127.555   Designation of attending physician; liability of health care representative and health care provider.
  (1) If there is more than one physician caring for a principal, the principal shall designate one physician as the attending physician. If the principal...
• 127.560   Provisions not exclusive; effect of provisions on civil and criminal liability of health care representative and provider.
  (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)...
• 127.565   Independent medical judgment of provider; effect of advance directive on insurance.
  (1) In following a health care instruction or the decision of a health care representative, a health care provider shall exercise the same independent medical...
• 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...
• 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...
• 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,...
• 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]
• 127.625   Providers under no duty to participate in withdrawal or withholding of certain health care; duty of provider who is unwilling to participate.
  (1) No health care provider shall be under any duty, whether by contract, by statute or by any other legal requirement to participate in the...
• 127.630   [Formerly 97.080; repealed by 1993 c.767 §29]
• 127.635   Withdrawal of life-sustaining procedures; conditions; selection of health care representative in certain cases; required consultation.
  (1) Life-sustaining procedures as defined in ORS 127.505 which would otherwise be applied to an incapable principal who does not have an appointed health care...
• 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 shall...
• 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...
• 127.645   [Formerly 97.085; repealed by 1993 c.767 §29]
• 127.646   Definitions for ORS 127.646 to 127.654.
  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...
• 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 all capable adults...
• 127.650   [Formerly 97.090; repealed by 1993 c.767 §29]
• 127.652   Time of providing information.
  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...
• 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...
• 127.658   Effect of ORS 127.505 to 127.660 on previously executed advance directives.
  (1) ORS 127.505 to 127.660 and 127.995 do not impair or supersede any power of attorney for health care, directive to physicians or health care...
• 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] DECLARATIONS FOR MENTAL HEALTH TREATMENT
• 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...
• 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...
• 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...
• 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...
• 127.707   Execution of declaration; witnesses.
  A declaration is effective only if it is signed by the principal and two competent adult witnesses. The witnesses must attest that the principal is...
• 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 mental health treatment provider and remains valid until revoked or expired....
• 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. (2) The attorney-in-fact is not, as a...
• 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...
• 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...
• 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...
• 127.722   Revocation of declaration.
  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...
• 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...
• 127.727   Persons prohibited from serving as attorney-in-fact.
  None of the following may serve as attorney-in-fact: (1) The attending physician or mental health service provider or an employee of the physician or provider,...
• 127.730   Persons prohibited from serving as witnesses to declaration.
  None of the following may serve as a witness to the signing of a declaration: (1) The attending physician or mental health service provider or...
• 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...
• 127.735   [1993 c.442 §15; repealed by 1997 c.563 §2 (127.736 enacted in lieu of 127.735)]
• 127.736   Form of declaration.
  A declaration for mental health treatment shall be in substantially the following form: ______________________________________________________________________________ DECLARATION FOR MENTAL HEALTH TREATMENT I, ___________________, being an adult of...
• 127.737   Certain other laws applicable to declaration.
  (1) ORS 127.525, 127.550, 127.565, 127.570, 127.575 and 127.995 apply to a declaration for mental health treatment. (2) For purposes of this section only, a...
• 127.800   §1.01. Definitions.
  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...
• 127.805   §2.01. Who may initiate a written request for medication.
  (1) An adult who is capable, is a resident of Oregon, and has been determined by the attending physician and consulting physician to be suffering...
• 127.810   §2.02. Form of the written request.
  (1) 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...
• 127.815   §3.01. Attending physician responsibilities.
  (1) The attending physician shall: (a) Make the initial determination of whether a patient has a terminal disease, is capable, and has made the request...
• 127.820   §3.02. Consulting physician confirmation.
  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...
• 127.825   §3.03. Counseling referral.
  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...
• 127.830   §3.04. Informed decision.
  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...
• 127.835   §3.05. Family notification.
  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...
• 127.840   §3.06. Written and oral requests.
  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...
• 127.845   §3.07. Right to rescind request.
  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...
• 127.850   §3.08. Waiting periods.
  No less than fifteen (15) days shall elapse between the patient’s initial oral request and the writing of a prescription under ORS 127.800 to 127.897....
• 127.855   §3.09. Medical record documentation requirements.
  The following shall be documented or filed in the patient’s medical record: (1) All oral requests by a patient for medication to end his or...
• 127.860   §3.10. Residency requirement.
  Only requests made by Oregon residents under ORS 127.800 to 127.897 shall be granted. Factors demonstrating Oregon residency include but are not limited to: (1)...
• 127.865   §3.11. Reporting requirements.
  (1)(a) The Department of Human Services shall annually review a sample of records maintained pursuant to ORS 127.800 to 127.897. (b) The department shall require...
• 127.870   §3.12. Effect on construction of wills, contracts and statutes.
  (1) No provision in a contract, will or other agreement, whether written or oral, to the extent the provision would affect whether a person may...
• 127.875   §3.13. Insurance or annuity policies.
  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...
• 127.880   §3.14. Construction of Act.
  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,...
• 127.885   §4.01. Immunities; basis for prohibiting health care provider from participation; notification; permissible sanctions.
  Except as provided in ORS 127.890: (1) No person shall be subject to civil or criminal liability or professional disciplinary action for participating in good...
• 127.890   §4.02. Liabilities.
  (1) A person who without authorization of the patient willfully alters or forges a request for medication or conceals or destroys a rescission of that...
• 127.892   Claims by governmental entity for costs incurred.
  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...
• 127.895   §5.01. Severability.
  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...
• 127.897   §6.01. Form of the request.
  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...
• 127.990   [Formerly part of 97.990; repealed by 1993 c.767 §29]
• 127.995   Penalties.
  (1) It shall be a Class A felony for a person without authorization of the principal to willfully alter, forge, conceal or destroy an instrument,...

Last modified: August 7, 2008