(a) Delivering to those individuals the following information and materials, in written form, without recommendation:
(A) Information on the rights of the individual under Oregon law to make mental health treatment decisions, including the right to accept or refuse mental health treatment and the right to execute declarations for mental health treatment;
(B) Information on the policies of the organization with respect to implementation of the rights of the individual under Oregon law to make mental health treatment decisions;
(C) A copy of the declaration for mental health treatment set forth in ORS 127.736; and
(D) The name of a person who can provide additional information concerning the forms for declarations for mental health treatment.
(b) Documenting in a prominent place in the individual’s medical record whether the individual has executed a declaration for mental health treatment.
(c) Ensuring compliance by the organization with Oregon law relating to declarations for mental health treatment.
(d) Educating the staff and the community on issues relating to declarations for mental health treatment.
(2) An organization need not furnish a copy of a declaration for mental health treatment to an individual if the organization has reason to believe that the individual has received a copy of a declaration in the form set forth in ORS 127.736 within the preceding 12-month period or has a validly executed declaration.
(3) The requirements of this section are in addition to any requirements that may be imposed under federal law and shall be interpreted in a manner consistent with federal law. Nothing in this section requires any health care or mental health care organization, or any employee or agent of an organization, to act in a manner inconsistent with federal law or contrary to individual religious or philosophical beliefs.
(4) No health care or mental health care organization shall be subject to criminal prosecution or civil liability for failure to comply with this section.
(5) For purposes of this section, "health care or mental health care organization" means a health care organization as defined in ORS 127.646 or a community mental health program or facility that provides mental health services. [1997 c.563 §5]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Section 127.002 - Definitions for ORS 127.005 to 127.045.
Section 127.005 - When power of attorney in effect; accounting to conservator.
Section 127.505 - Definitions for ORS 127.505 to 127.660.
Section 127.515 - Execution; witnesses; out-of-state execution.
Section 127.525 - Acceptance of appointment; withdrawal.
Section 127.527 - Form for appointing health care representative.
Section 127.529 - Form of advance directive.
Section 127.532 - Appointment; term of office; rules.
Section 127.533 - Duties; advance directive elements; reports.
Section 127.535 - Authority of health care representative; duties; objection by principal.
Section 127.540 - Limitations on authority of health care representative.
Section 127.570 - Mercy killing; suicide.
Section 127.642 - Principal to be provided with certain care to insure comfort and cleanliness.
Section 127.646 - Definitions for ORS 127.646 to 127.654.
Section 127.652 - Time of providing information.
Section 127.654 - Scope of requirement; limitation on liability for failure to comply.
Section 127.658 - Effect of ORS 127.505 to 127.660 on previously executed advance directives.
Section 127.660 - Short title.
Section 127.663 - Definitions for ORS 127.663 to 127.684.
Section 127.666 - Establishment of registry; rules.
Section 127.669 - Oregon Health Authority not required to perform certain acts.
Section 127.700 - Definitions for ORS 127.700 to 127.737.
Section 127.702 - Persons who may make declaration for mental health treatment; period of validity.
Section 127.720 - Circumstances in which physician or provider may disregard declaration.
Section 127.722 - Revocation of declaration.
Section 127.727 - Persons prohibited from serving as attorney-in-fact.
Section 127.730 - Persons prohibited from serving as witnesses to declaration.
Section 127.732 - Withdrawal of attorney-in-fact; rescission of withdrawal.
Section 127.736 - Form of declaration.
Section 127.737 - Certain other laws applicable to declaration.
Section 127.760 - Consent to health care services by person appointed by hospital; exceptions.
Section 127.800 - sect;1.01. Definitions.
Section 127.805 - sect;2.01. Who may initiate a written request for medication.
Section 127.810 - sect;2.02. Form of the written request.
Section 127.815 - sect;3.01. Attending physician responsibilities.
Section 127.840 - sect;3.06. Written and oral requests.
Section 127.850 - sect;3.08. Waiting periods.
Section 127.855 - sect;3.09. Medical record documentation requirements.
Section 127.860 - sect;3.10. Residency requirement.
Section 127.865 - sect;3.11. Reporting requirements.
Section 127.870 - sect;3.12. Effect on construction of wills, contracts and statutes.
Section 127.890 - sect;4.02. Liabilities.