(a) "Health care instruction" means a document executed by a patient to indicate the patient’s instructions regarding health care decisions.
(b) "Health care provider" means a person licensed, certified or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession.
(c) "Hospital" has the meaning given that term in ORS 442.015.
(d) "Mental health treatment" means convulsive treatment, treatment of mental illness with psychoactive medication, psychosurgery, admission to and retention in a health care facility for care or treatment of mental illness, and related outpatient services.
(2)(a)(A) A hospital may appoint a health care provider who has received training in health care ethics, including identification and management of conflicts of interest and acting in the best interest of the patient, to give informed consent to medically necessary health care services on behalf of a patient admitted to the hospital in accordance with subsection (3) of this section.
(B) If a person appointed under subparagraph (A) of this paragraph is the patient’s attending physician or naturopathic physician licensed under ORS chapter 685, the hospital must also appoint another health care provider who meets the requirements of subparagraph (A) of this paragraph to participate in making decisions about giving informed consent to health care services on behalf of the patient.
(b) A hospital may appoint a multidisciplinary committee with ethics as a core component of the duties of the committee, or a hospital ethics committee, to participate in making decisions about giving informed consent to medically necessary health care services on behalf of a patient admitted to the hospital in accordance with subsection (3) of this section.
(3) A person appointed by a hospital under subsection (2) of this section may give informed consent to medically necessary health care services on behalf of and in the best interest of a patient admitted to the hospital if:
(a) In the medical opinion of the attending physician or naturopathic physician, the patient lacks the ability to make and communicate health care decisions to health care providers;
(b) The hospital has performed a reasonable search, in accordance with the hospital’s policy for locating relatives and friends of a patient, for a health care representative appointed under ORS 127.505 to 127.660 or an adult relative or adult friend of the patient who is capable of making health care decisions for the patient, including contacting social service agencies of the Oregon Health Authority or the Department of Human Services if the hospital has reason to believe that the patient has a case manager with the authority or the department, and has been unable to locate any person who is capable of making health care decisions for the patient; and
(c) The hospital has performed a reasonable search for and is unable to locate any health care instruction executed by the patient.
(4) Notwithstanding subsection (3) of this section, if a patient’s wishes regarding health care services were made known during a period when the patient was capable of making and communicating health care decisions, the hospital and the person appointed under subsection (2) of this section shall comply with those wishes.
(5) A person appointed under subsection (2) of this section may not consent on a patient’s behalf to:
(a) Mental health treatment;
(b) Sterilization;
(c) Abortion;
(d) Except as provided in ORS 127.635 (3), the withholding or withdrawal of life-sustaining procedures as defined in ORS 127.505; or
(e) Except as provided in ORS 127.580 (2), the withholding or withdrawal of artificially administered nutrition and hydration, as defined in ORS 127.505, other than hyperalimentation, necessary to sustain life.
(6) If the person appointed under subsection (2) of this section knows the patient’s religious preference, the person shall make reasonable efforts to confer with a member of the clergy of the patient’s religious tradition before giving informed consent to health care services on behalf of the patient.
(7) A person appointed under subsection (2) of this section is not a health care representative as defined in ORS 127.505. [2011 c.512 §1; 2017 c.356 §14; 2018 c.36 §23]
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.