ORS Chapter 127

Chapter 127 — Powersof Attorney; Advance Directives for Health Care;
Physician Orders for Life-Sustaining Treatment Registry;
Declarations for Mental Health Treatment; Death with Dignity

2009 EDITION

POWERSOF ATTORNEY; HEALTH CARE DIRECTIVES

PROTECTIVEPROCEEDINGS; POWERS OF ATTORNEY; TRUSTS

POWERSOF ATTORNEY

127.002 Definitionsfor ORS 127.005 to 127.045

127.005 Whenpower of attorney in effect; accounting to conservator

127.015 Powerof attorney not revoked until death or other event known

127.025 Authorityunder power of attorney recognizable regardless of date of execution

127.035 Limitationson liability of person reasonably relying on power of attorney

127.045 Dutyof agent under power of attorney

ADVANCEDIRECTIVES FOR HEALTH CARE

(Definitions)

127.505 Definitionsfor ORS 127.505 to 127.660

(HealthCare Decisions Generally)

127.507 Capableadults may make own health care decisions

(Formalitiesof Executing Advance Directive)

127.510 Designationof attorney-in-fact; execution of health care instruction; duration

127.515 Mannerof executing advance directive; forms; witnesses; directives executed out ofstate

127.520 Personsnot eligible to serve as attorney-in-fact; manner of disqualifying persons forservice as attorney-in-fact

127.525 Acceptanceof appointment; withdrawal

(Formof Advance Directive)

127.531 Formof advance directive

(Effectof Executing Advance Directive)

127.535 Authorityof health care representative; duties; objection by principal

127.540 Limitationson authority of health care representative

(ProvisionsGenerally Applicable to Advance Directives and Health Care Decisions)

127.545 Revocationof advance directive or health care decision; when revocation effective; effectof executing power of attorney for health care

127.550 Petitionfor judicial review of advance directives; scope of review; authority to filepetition

127.555 Designationof attending physician; liability of health care representative and health careprovider

127.560 Provisionsnot exclusive; effect of provisions on civil and criminal liability of healthcare representative and provider

127.565 Independentmedical judgment of provider; effect of advance directive on insurance

127.570 Mercykilling; suicide

127.575 Instrumentpresumed valid

127.580 Presumptionof consent to artificially administered nutrition and hydration; exceptions

127.625 Providersunder no duty to participate in withdrawal or withholding of certain healthcare; duty of provider who is unwilling to participate

127.635 Withdrawalof life-sustaining procedures; conditions; selection of health carerepresentative in certain cases; required consultation

127.640 Physicianto determine that conditions met before withdrawing or withholding certainhealth care

127.642 Principalto be provided with certain care to insure comfort and cleanliness

(RequirementsImposed on Health Care Organizations Relating to Rights of Individuals to MakeHealth Care Decisions)

127.646 Definitionsfor ORS 127.646 to 127.654

127.649 Healthcare organizations required to have written policies and procedures onproviding information on patient’s right to make health care decisions

127.652 Timeof providing information

127.654 Scopeof requirement; limitation on liability for failure to comply

(PreviouslyExecuted Advance Directives)

127.658 Effectof ORS 127.505 to 127.660 on previously executed advance directives

(ShortTitle)

127.660 Shorttitle

PHYSICIANORDERS FOR LIFE-SUSTAINING TREATMENT REGISTRY

127.663 Definitionsfor ORS 127.663 to 127.684

127.666 Establishmentof registry; rules

127.669 OregonHealth Authority not required to perform certain acts

127.672 POLSTnot required; revocation

127.675 OregonPOLST Registry Advisory Committee; members; meetings; term

127.678 Confidentiality

127.681 Immunityfrom liability

127.684 Shorttitle

DECLARATIONSFOR MENTAL HEALTH TREATMENT

127.700 Definitionsfor ORS 127.700 to 127.737

127.702 Personswho may make declaration for mental health treatment; period of validity

127.703 Requiredpolicies regarding mental health treatment rights information; declarations formental health treatment

127.705 Designationof attorney-in-fact for decisions about mental health treatment

127.707 Executionof declaration; witnesses

127.710 Operationof declaration; physician or provider to act in accordance with declaration

127.712 Scopeof authority of attorney-in-fact; powers and duties; limitation on liability

127.715 Prohibitionsagainst requiring person to execute or refrain from executing declaration

127.717 Declarationto be made part of medical record; physician or provider to comply withdeclaration; withdrawal of physician or provider

127.720 Circumstancesin which physician or provider may disregard declaration

127.722 Revocationof declaration

127.725 Limitationson liability of physician or provider

127.727 Personsprohibited from serving as attorney-in-fact

127.730 Personsprohibited from serving as witnesses to declaration

127.732 Withdrawalof attorney-in-fact; rescission of withdrawal

127.736 Formof declaration

127.737 Certainother laws applicable to declaration

THEOREGON DEATH WITH DIGNITY ACT

(GeneralProvisions)

127.800 Definitions

(WrittenRequest for Medication to End One’s Life in a Humane and Dignified Manner)

127.805 Whomay initiate a written request for medication

127.810 Formof the written request

(Safeguards)

127.815 Attendingphysician responsibilities

127.820 Consultingphysician confirmation

127.825 Counselingreferral

127.830 Informeddecision

127.835 Familynotification

127.840 Writtenand oral requests

127.845 Rightto rescind request

127.850 Waitingperiods

127.855 Medicalrecord documentation requirements

127.860 Residencyrequirement

127.865 Reportingrequirements

127.870 Effecton construction of wills, contracts and statutes

127.875 Insuranceor annuity policies

127.880 Constructionof Act

(Immunitiesand Liabilities)

127.885 Immunities;basis for prohibiting health care provider from participation; notification;permissible sanctions

127.890 Liabilities

127.892 Claimsby governmental entity for costs incurred

(Severability)

127.895 Severability