Designation of attending physician or health care provider; liability of health care representative and health care provider
(1)If there is more than one physician or health care provider caring for a principal, the principal shall designate one physician or one health care provider as the attending physician or the attending health care provider. If the principal is incapable, the health care representative for the principal shall designate the attending physician or the attending health care provider.
(2)Health care representatives, and persons who are acting under a reasonable belief that they are health care representatives, are not guilty of any criminal offense, or subject to civil liability, or in violation of any professional oath, affirmation or standard of care for any action taken in good faith as a health care representative.
(3)A health care provider acting or declining to act in reliance on the health care decision made in an advance directive or in a document that the health care provider reasonably believes to be an advance directive, made by an attending physician or attending health care provider under ORS 127.635 (Withdrawal of life-sustaining procedures) (3), or made by a person who the health care provider believes is the health care representative for an incapable principal, is not subject to criminal prosecution, civil liability or professional disciplinary action on grounds that the health care decision is unauthorized unless the health care provider:
(a)Fails to satisfy a duty that ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) place on the health care provider;
(b)Acts without medical confirmation as required under ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title);
(c)Knows or has reason to know that the requirements of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) have not been satisfied; or
(d)Acts after receiving notice that:
(A)The authority or decision on which the health care provider relied is revoked, suspended, superseded or subject to other legal infirmity;
(B)A court challenge to the health care decision or the authority relied on in making the health care decision is pending; or
(C)The health care representative has withdrawn or has been disqualified.
(4)The immunities provided by this section do not apply to:
(a)The manner of administering health care pursuant to a health care decision made by the health care representative or by an advance directive; or
(b)The manner of determining the health condition or incapacity of the principal.
(5)A health care provider who determines that a principal is incapable is not subject to criminal prosecution, civil liability or professional disciplinary action for failing to follow that principal’s direction except for a failure to follow a principal’s manifestation of an objection to a health care decision under ORS 127.535 (Authority of health care representative) (5). [1989 c.914 §10; 1993 c.767 §14; 2018 c.36 §16]
§§ 127.510 to 127.585
Law Review Citations
26 WLR 317-338 (1990); 71 OLR 909 (1992)