(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 is incapable, the health care representative for the principal shall designate the attending physician.
(2) Health care representatives, and persons who are acting under a reasonable belief that they are health care representatives, shall not be guilty of any criminal offense, or subject to civil liability, or in violation of any professional oath, affirmation or standard of care for any action taken in good faith as a health care representative.
(3) A health care provider acting or declining to act in reliance on the health care decision made in an advance directive, made by an attending physician under ORS 127.635 (3), or made by a person who the provider believes is the health care representative for an incapable principal, is not subject to criminal prosecution, civil liability or professional disciplinary action on the grounds that the health care decision is unauthorized unless the provider:
(a) Fails to satisfy a duty that ORS 127.505 to 127.660 and 127.995 place on the provider;
(b) Acts without medical confirmation as required under ORS 127.505 to 127.660 and 127.995;
(c) Knows or has reason to know that the requirements of ORS 127.505 to 127.660 and 127.995 have not been satisfied; or
(d) Acts after receiving notice that:
(A) The authority or decision on which the provider relied is revoked, suspended, superseded or subject to other legal infirmity;
(B) A court challenge to the health care decision or the authority relied on in making the health care decision is pending; or
(C) The health care representative has withdrawn or has been disqualified.
(4) The immunities provided by this section do not apply to:
(a) The manner of administering health care pursuant to a health care decision made by the health care representative or by a health care instruction; or
(b) The manner of determining the health condition or incapacity of the principal.
(5) A health care provider who determines that a principal is incapable is not subject to criminal prosecution, civil liability or professional disciplinary action for failing to follow that principalís direction except for a failure to follow a principalís manifestation of an objection to a health care decision under ORS 127.535 (5). [1989 c.914 §10; 1993 c.767 §14]Section: Previous 127.525 127.530 127.531 127.535 127.540 127.545 127.550 127.555 127.560 127.565 127.570 127.575 127.580 127.585 127.605 Next
Last modified: August 7, 2008