ORS 127.635
Withdrawal of life-sustaining procedures

  • conditions
  • selection of health care representative in certain cases
  • required consultation

(1)

Life-sustaining procedures that would otherwise be applied to a principal who is incapable and who does not have an appointed health care representative or applicable valid advance directive may be withheld or withdrawn in accordance with subsections (2) and (3) of this section if the principal has been medically confirmed to be in one of the following conditions:

(a)

A terminal condition;

(b)

Permanently unconscious;

(c)

A condition in which administration of life-sustaining procedures would not benefit the principal’s medical condition and would cause permanent and severe pain; or

(d)

An advanced stage of a progressive illness that will be fatal, and the principal is consistently and permanently unable to communicate by any means, to swallow food and water safely, to care for the principal’s self and to recognize the principal’s family and other people, and it is very unlikely that the principal’s condition will substantially improve.

(2)

If a principal’s condition has been determined to meet one of the conditions set forth in subsection (1) of this section, and the principal does not have an appointed health care representative or applicable valid advance directive, the principal’s health care representative shall be the first of the following, in the following order, who can be located upon reasonable effort by the health care facility and who is willing to serve as the health care representative:

(a)

A guardian of the principal who is authorized to make health care decisions, if any;

(b)

The principal’s spouse;

(c)

An adult designated by the others listed in this subsection who can be so located, if no person listed in this subsection objects to the designation;

(d)

A majority of the adult children of the principal who can be so located;

(e)

Either parent of the principal;

(f)

A majority of the adult siblings of the principal who can be located with reasonable effort; or

(g)

Any adult relative or adult friend.

(3)

If none of the persons described in subsection (2) of this section is available, then life-sustaining procedures may be withheld or withdrawn upon the direction and under the supervision of the attending physician or attending health care provider.

(4)

Intentionally left blank —Ed.

(a)

Life-sustaining procedures may be withheld or withdrawn, including an election for hospice treatment, upon the direction and under the supervision of the attending physician or attending health care provider at the request of a person designated the health care representative under subsections (2) and (3) of this section only after the person has consulted with concerned family and close friends and, if the principal has a case manager, as defined by rules adopted by the Department of Human Services, after giving notice to the principal’s case manager.

(b)

A case manager who receives notice under paragraph (a) of this subsection shall provide the person giving the case manager notice with any information in the case manager’s possession that is related to the principal’s values, beliefs and preferences with respect to the withholding or withdrawing of life-sustaining procedures.

(c)

As used in this subsection, “hospice treatment” means treatment that focuses on palliative care, including care for acute pain and symptom management, rather than curative treatment, provided to a principal with a terminal condition.

(5)

Before life-sustaining procedures may be withheld or withdrawn for a principal who has an intellectual or developmental disability, the person designated under subsection (2) or (3) of this section shall contact the department to determine if the principal has a case manager and provide notice to the case manager in accordance with subsection (4) of this section.

(6)

Notwithstanding subsection (2) of this section, a person who is the principal’s parent or former guardian may not withhold or withdraw life-sustaining procedures under this section if:

(a)

At any time while the principal was under the care, custody or control of the person, a court entered an order:

(A)

Taking the principal into protective custody under ORS 419B.150 (When protective custody authorized); or

(B)

Committing the principal to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337 (Commitment to custody of Department of Human Services); and

(b)

The court entered a subsequent order that:

(A)

The principal should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the principal to be returned to the person’s home, and no subsequent order of the court was entered that permitted the principal to return to the person’s home before the principal’s wardship was terminated under ORS 419B.328 (Ward of the court); or

(B)

Terminated the person’s parental rights under ORS 419B.500 (Termination of parental rights generally) and 419B.502 (Termination upon finding of extreme conduct) to 419B.524 (Effect of termination order).

(7)

A principal, while not incapable, may petition the court to remove a prohibition contained in subsection (6) of this section. [Formerly 97.083; 1993 c.767 §21; 2011 c.194 §3; 2017 c.135 §1; 2018 c.36 §19; 2019 c.239 §1; 2020 s.s.1 c.20 §4]

Source: Section 127.635 — Withdrawal of life-sustaining procedures; conditions; selection of health care representative in certain cases; required consultation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html.

Law Review Citations

23 WLR 69, 90 (1987)

127.002
Definitions for ORS 127.005 to 127.045 127.005
When power of attorney in effect 127.015
Revocation of power of attorney 127.025
Authority under power of attorney recognizable regardless of date of execution 127.035
Limitations on liability of person reasonably relying on power of attorney 127.045
Duty of agent under power of attorney 127.505
Definitions for ORS 127.505 to 127.660 127.507
Capable adults may make own health care decisions 127.510
Appointment of health care representative and alternate health care representative 127.515
Execution 127.520
Persons not eligible to serve as health care representative 127.525
Acceptance of appointment 127.527
Form for appointing health care representative 127.529
Form of advance directive 127.532
Appointment 127.533
Duties 127.535
Authority of health care representative 127.540
Limitations on authority of health care representative 127.545
Revocation of advance directive or health care decision 127.550
Petition for judicial review of advance directives 127.555
Designation of attending physician or health care provider 127.560
Provisions not exclusive 127.565
Independent medical judgment of provider 127.570
Mercy killing 127.575
Instrument presumed valid 127.580
Presumption of consent to artificially administered nutrition and hydration 127.625
Providers under no duty to participate in withdrawal or withholding of certain health care 127.635
Withdrawal of life-sustaining procedures 127.640
Physician to determine that conditions met before withdrawing or withholding certain health care 127.642
Principal to be provided with certain care to insure comfort and cleanliness 127.646
Definitions for ORS 127.646 to 127.654 127.649
Health care organizations required to have written policies and procedures on providing information on patient’s right to make health care decisions 127.652
Time of providing information 127.654
Scope of requirement 127.658
Effect of ORS 127.505 to 127.660 on previously executed advance directives 127.660
Short title 127.663
Definitions for ORS 127.663 to 127.684 127.666
Establishment of registry 127.669
Oregon Health Authority not required to perform certain acts 127.672
POLST not required 127.678
Confidentiality 127.681
Immunity from liability 127.684
Short title 127.700
Definitions for ORS 127.700 to 127.737 127.702
Persons who may make declaration for mental health treatment 127.703
Required policies regarding mental health treatment rights information 127.705
Designation of attorney-in-fact for decisions about mental health treatment 127.707
Execution of declaration 127.710
Operation of declaration 127.712
Scope of authority of attorney-in-fact 127.715
Prohibitions against requiring person to execute or refrain from executing declaration 127.717
Declaration to be made part of medical record 127.720
Circumstances in which physician or provider may disregard declaration 127.722
Revocation of declaration 127.725
Limitations on liability of physician or provider 127.727
Persons prohibited from serving as attorney-in-fact 127.730
Persons prohibited from serving as witnesses to declaration 127.732
Withdrawal of attorney-in-fact 127.736
Form of declaration 127.737
Certain other laws applicable to declaration 127.760
Consent to health care services by person appointed by hospital 127.765
Health care advocate 127.800
§1.01. Definitions 127.805
§2.01. Who may initiate a written request for medication 127.810
§2.02. Form of the written request 127.815
§3.01. Attending physician responsibilities 127.820
§3.02. Consulting physician confirmation 127.825
§3.03. Counseling referral 127.830
§3.04. Informed decision 127.835
§3.05. Family notification 127.840
§3.06. Written and oral requests 127.845
§3.07. Right to rescind request 127.850
§3.08. Waiting periods 127.855
§3.09. Medical record documentation requirements 127.860
§3.10. Residency requirement 127.865
§3.11. Reporting requirements 127.870
§3.12. Effect on construction of wills, contracts and statutes 127.875
§3.13. Insurance or annuity policies 127.880
§3.14. Construction of Act 127.885
§4.01. Immunities 127.890
§4.02. Liabilities 127.892
Claims by governmental entity for costs incurred 127.895
§5.01. Severability 127.897
§6.01. Form of the request 127.995
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 127.635’s source at oregon​.gov