Oregon Department of Human Services, Aging and People with Disabilities and Developmental Disabilities

Rule Rule 411-390-0120

In addition to the following definitions, OAR 411-317-0000 (General Definitions and Acronyms for Developmental Disabilities Services) includes general definitions for words and terms frequently used in OAR chapter 411, division 390. If a word or term is defined differently in OAR 411-317-0000 (General Definitions and Acronyms for Developmental Disabilities Services), the definition in this rule applies.


“Artificially Administered Nutrition and Hydration” means a medical intervention to provide food and water by tube, mechanical device, or other medically assisted method. “Artificially administered nutrition and hydration” does not include the usual and typical provision of nutrition and hydration, such as the provision of nutrition and hydration by cup, hand, bottle, drinking straw, or eating utensil.


“Attending Physician” means the physician who has primary responsibility for the care and treatment of an individual.


“Capable” means not incapable.


“Health Care” means diagnosis, treatment, or care of disease, injury, and congenital or degenerative conditions, including the use, maintenance, withdrawal, or withholding of life-sustaining procedures and the use, maintenance, withdrawal, or withholding of artificially administered nutrition and hydration.


“Health Care Advocate” means the person who is authorized to make certain health care decisions on behalf of an incapable individual if the individual does not have a guardian or a health care representative.


“Health Care Decision” means consent, refusal of consent, or withholding or withdrawal of consent to health care, and includes decisions relating to dental procedures and admission to, or discharge from, a health care facility. For the purpose of these rules, “health care decision” does not include decisions relating to entry or exit from a residential facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) or an adult foster home as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825).


“Health Care Facility” means a health care facility as defined in ORS 442.015 (Definitions) or domiciliary care facilities as defined in ORS 443.205 (Definitions for ORS 443.215 and 443.225).


“Incapable” means that in the opinion of a court or in the opinion of an individual’s attending physician, an individual lacks the ability to make and communicate health care decisions to health care providers, including communication through persons familiar with the individual’s manner of communicating if those persons are available.


“Individual” means an adult with intellectual or developmental disabilities for whom services are planned and provided.


“Individualized Written Service Plan Team” means a group consisting of all of the following:


An individual.


The individual’s legal or designated representative.


The individual’s case manager.


Other people who may be chosen by the individual, such as providers or family members.


“Informed Consent” means a health care decision made by an individual after understanding and evaluating all of the following information provided by their attending physician in a manner the individual understands:


General information about the procedure or treatment being considered and what may occur if the procedure or treatment is not provided.


Information about what the procedure or treatment entails.


Alternatives to the proposed procedure or treatment.


Risks of the proposed procedure or treatment.


“Life-Sustaining Procedure” means any medical procedure, pharmaceutical, medical device, or medical intervention that maintains life by sustaining, restoring, or supplanting a vital function. For the purpose of these rules, “life-sustaining procedure” includes decisions about emergency procedures started when an individual’s heart or breathing stops, commonly called “code procedures”. “Life-sustaining procedure” does not include routine care necessary to sustain patient cleanliness and comfort.


“Physician” means a person licensed to practice medicine by the Oregon Medical Board or a naturopathic physician licensed to practice naturopathic medicine by the Oregon Board of Naturopathic Medicine.


“Significant Medical Procedure or Treatment” means any of the following:


Starting, stopping, or change in psychotropic medication that is anticipated to involve more than a slight risk.


Any procedure or treatment that requires general anesthesia.


Any procedure or treatment that incurs more than a slight risk of death, in the opinion of the attending physician.


Any procedure or treatment that may decrease the ability of an individual to participate in a valued activity for longer than 48 hours.


Any procedure or treatment that is likely to cause severe pain.


Any procedure or treatment that requires a signature showing informed consent was given.


“These rules” mean the rules in OAR chapter 411, division 390.

Last accessed
Jun. 8, 2021