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2019 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
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
POWERS OF ATTORNEY
- Section 127.002 - Definitions for ORS 127.005 to 127.045.
- Section 127.005 - When power of attorney in effect; accounting to conservator.
- Section 127.010 [Repealed by 1969 c.591 §305]
- Section 127.015 - Power of attorney not revoked until death or other event known.
- Section 127.020 [Repealed by 1969 c.591 §305]
- Section 127.025 - Authority under power of attorney recognizable regardless of date of execution.
- Section 127.030 [Repealed by 1969 c.591 §305]
- Section 127.035 - Limitations on liability of person reasonably relying on power of attorney.
- Section 127.040 [Repealed by 1969 c.591 §305]
- Section 127.045 - Duty of agent under power of attorney.
- Section 127.050 [Repealed by 1969 c.591 §305]
- Section 127.060 [Repealed by 1969 c.591 §305]
- Section 127.070 [Repealed by 1969 c.591 §305]
- Section 127.080 [Repealed by 1969 c.591 §305]
- Section 127.090 [Repealed by 1969 c.591 §305]
- Section 127.100 [Repealed by 1969 c.591 §305]
- Section 127.110 [Repealed by 1969 c.591 §305]
- Section 127.120 [Repealed by 1969 c.591 §305]
- Section 127.130 [Repealed by 1969 c.591 §305]
- Section 127.140 [Repealed by 1969 c.591 §305]
- Section 127.150 [Repealed by 1969 c.591 §305]
- Section 127.160 [Repealed by 1969 c.591 §305]
- Section 127.170 [Repealed by 1969 c.591 §305]
- Section 127.180 [Repealed by 1969 c.591 §305]
- Section 127.190 [Repealed by 1969 c.591 §305]
- Section 127.310 [Repealed by 1969 c.591 §305]
- Section 127.320 [Repealed by 1969 c.591 §305]
- Section 127.330 [Repealed by 1969 c.591 §305]
- Section 127.340 [Repealed by 1969 c.591 §305]
- Section 127.350 [Repealed by 1969 c.591 §305]
- Section 127.505 - Definitions for ORS 127.505 to 127.660.
- Section 127.507 - Capable adults may make own health care decisions.
- Section 127.510 - Appointment of health care representative and alternate health care representative; duration.
- Section 127.515 - Execution; witnesses; out-of-state execution.
- Section 127.520 - Persons not eligible to serve as health care representative; manner of disqualifying persons for service.
- Section 127.525 - Acceptance of appointment; withdrawal.
- Section 127.527 - Form for appointing health care representative.
- Section 127.530 [1989 c.914 §6; repealed by 1993 c.767 §7 (127.531 enacted in lieu of 127.530)]
- Section 127.531 [1993 c.767 §8 (enacted in lieu of 127.530); repealed by 2018 c.36 §30]
- Section 127.532 - Appointment; term of office; rules.
- Section 127.533 - Duties; advance directive elements.
- Section 127.534 - Ratification of advance directive form by Legislative Assembly.
- Section 127.535 - Authority of health care representative; duties; objection by principal.
- Section 127.540 - Limitations on authority of health care representative.
- Section 127.545 - Revocation of advance directive or health care decision; when revocation effective; effect of executing form appointing health care representative.
- Section 127.550 - Petition for judicial review of advance directives; scope of review; authority to file petition.
- Section 127.555 - Designation of attending physician or health care provider; liability of health care representative and health care provider.
- Section 127.560 - Provisions not exclusive; effect of provisions on civil and criminal liability of health care representative and provider.
- Section 127.565 - Independent medical judgment of provider; effect of advance directive on insurance.
- Section 127.570 - Mercy killing; suicide.
- Section 127.575 - Instrument presumed valid.
- Section 127.580 - Presumption of consent to artificially administered nutrition and hydration; exceptions.
- Section 127.585
- Section 127.605 [Formerly 97.050; 1991 c.470 §12; repealed by 1993 c.767 §29]
- Section 127.610 [Formerly 97.055; repealed by 1993 c.767 §29]
- Section 127.615 [Formerly 97.060; repealed by 1993 c.767 §29]
- Section 127.620 [Formerly 97.065; repealed by 1993 c.767 §29]
- Section 127.625 - Providers under no duty to participate in withdrawal or withholding of certain health care; duty of provider who is unwilling to participate.
- Section 127.630 [Formerly 97.080; repealed by 1993 c.767 §29]
- Section 127.635 - Withdrawal of life-sustaining procedures; conditions; selection of health care representative in certain cases; required consultation.
- Section 127.640 - Physician to determine that conditions met before withdrawing or withholding certain health care.
- Section 127.642 - Principal to be provided with certain care to insure comfort and cleanliness.
-
Section 127.645
[Formerly 97.085; repealed by 1993 c.767 §29]
(Requirements Imposed on Health Care
Organizations Relating to
Rights of Individuals to
Make Health Care Decisions)
- Section 127.646 - Definitions for ORS 127.646 to 127.654.
- Section 127.649 - Health care organizations required to have written policies and procedures on providing information on patient’s right to make health care decisions.
- Section 127.650 [Formerly 97.090; repealed by 1993 c.767 §29]
- 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 127.672 - POLST not required; revocation.
- Section 127.675 [2009 c.595 §1186; 2011 c.703 §24; repealed by 2017 c.101 §49]
- Section 127.678 - Confidentiality.
- Section 127.681 - Immunity from liability.
- Section 127.684 - Short title.
- 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 127.703 - Required policies regarding mental health treatment rights information; declarations for mental health treatment.
- Section 127.705 - Designation of attorney-in-fact for decisions about mental health treatment.
- Section 127.707 - Execution of declaration; witnesses.
- Section 127.710 - Operation of declaration; physician or provider to act in accordance with declaration.
- Section 127.712 - Scope of authority of attorney-in-fact; powers and duties; limitation on liability.
- Section 127.715 - Prohibitions against requiring person to execute or refrain from executing declaration.
- Section 127.717 - Declaration to be made part of medical record; physician or provider to comply with declaration; withdrawal of physician or provider.
- Section 127.720 - Circumstances in which physician or provider may disregard declaration.
- Section 127.722 - Revocation of declaration.
- Section 127.725 - Limitations on liability of physician or provider.
- 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 127.735 [1993 c.442 §15; repealed by 1997 c.563 §2 (127.736 enacted in lieu of 127.735)]
- 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 127.765 - Health care advocate; appointment; powers; limitations; term; approval of certain decisions; protest; training; rules.
- 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 127.820 - sect;3.02. Consulting physician confirmation.
- Section 127.825 - sect;3.03. Counseling referral.
- Section 127.830 - sect;3.04. Informed decision.
- Section 127.835 - sect;3.05. Family notification.
- Section 127.840 - sect;3.06. Written and oral requests.
- Section 127.845 - sect;3.07. Right to rescind request.
- 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 127.875 - sect;3.13. Insurance or annuity policies.
- Section 127.880 - sect;3.14. Construction of Act.
- Section 127.885 - sect;4.01. Immunities; basis for prohibiting health care provider from participation; notification; permissible sanctions.
- Section 127.890 - sect;4.02. Liabilities.
- Section 127.892 - Claims by governmental entity for costs incurred.
- Section 127.895 - sect;5.01. Severability.
- Section 127.897 - sect;6.01. Form of the request.
-
Section 127.990
[Formerly part of 97.990; repealed by 1993 c.767 §29]
OREGON’S RIGHT TO TRY LAW
Note: Sections 1 to 15, chapter 819, Oregon Laws 2015, provide:
Sec. 1. Definitions. As used in sections 1 to 14, chapter 819, Oregon Laws 2015:
(1) "Attending physician" means the physician who has primary responsibility for the care of a patient.
(2) "Capable" means that, in the opinion of an attending physician, consulting physician or other health care practitioner, a patient has the ability to make and communicate health care decisions to health care practitioners, including the ability to communicate through individuals familiar with the patient’s manner of communicating.
(3) "Consulting physician" means a physician who is qualified by specialty or experience to diagnose a patient who has a terminal disease and to make a prognosis for that patient.
(4) "Health care facility" has the meaning given that term in ORS 442.015.
(5) "Health care practitioner" means an individual who is licensed, certified or otherwise authorized by the laws of this state to provide health care services or to dispense drugs.
(6) "Investigational product" means a drug, biological product or device that has successfully completed Phase I and is currently in Phase II or a subsequent phase of an approved clinical trial, as defined in ORS 743A.192, assessing the safety of the drug, biological product or device.
(7) "Physician" means a doctor licensed to practice medicine under ORS 677.100 to 677.228.
(8) "Qualified" means, with respect to a patient, that the patient is:
(a) Capable;
(b) A resident of this state; and
(c) 18 years of age or older.
(9) "Terminal disease" means an illness or a medical or surgical condition that in a physician’s reasonable medical judgment will result in the patient’s death within six months. [2015 c.819 §1; 2017 c.409 §4]
Sec. 2. Referral by attending physician.<
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