ORS 127.625
Providers under no duty to participate in withdrawal or withholding of certain health care; duty of provider who is unwilling to participate


(1)

A health care provider is not under any duty, whether by contract, statute or other legal requirement, to participate in the withdrawal or withholding of life-sustaining procedures or of artificially administered nutrition or hydration.

(2)

If a health care provider is unable or unwilling to carry out an advance directive or the decisions of the health care representative, the following provisions apply:

(a)

The health care provider shall promptly notify the health care representative, if the principal has appointed a health care representative;

(b)

If the authority or decision of the health care representative is in dispute, the health care representative or health care provider may seek the guidance of the court in the manner provided in ORS 127.550 (Petition for judicial review of advance directives);

(c)

If the health care representative’s authority or decision is not in dispute, the health care representative shall make a reasonable effort to transfer the principal to the care of another physician or health care provider; and

(d)

If there is no health care representative for an incapable patient, and the health care decisions are not in dispute, the health care provider shall, without abandoning the patient, either discharge the patient or make a reasonable effort to locate a different physician or health care provider and authorize the transfer of the patient to that physician or health care provider. [Formerly 97.070; 1993 c.767 §20; 2018 c.36 §18]
§§ 127.605 to 127.650

(formerly 97.050 to 97.090)

Law Review Citations

23 WLR 69, 70 (1987); 26 WLR 306 (1990); 71 OLR 909 (1992)


Source
Last accessed
May. 15, 2020