ORS 127.760
Consent to health care services by person appointed by hospital

  • exceptions

(1)

As used in this section:

(a)

“Health care instruction” means a document executed by a patient to indicate the patient’s instructions regarding health care decisions.

(b)

“Health care provider” means a person licensed, certified or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession.

(c)

“Hospital” has the meaning given that term in ORS 442.015 (Definitions).

(d)

“Mental health treatment” means convulsive treatment, treatment of mental illness with psychoactive medication, psychosurgery, admission to and retention in a health care facility for care or treatment of mental illness, and related outpatient services.
(2)(a)(A) A hospital may appoint a health care provider who has received training in health care ethics, including identification and management of conflicts of interest and acting in the best interest of the patient, to give informed consent to medically necessary health care services on behalf of a patient admitted to the hospital in accordance with subsection (3) of this section.

(B)

If a person appointed under subparagraph (A) of this paragraph is the patient’s attending physician or naturopathic physician licensed under ORS chapter 685, the hospital must also appoint another health care provider who meets the requirements of subparagraph (A) of this paragraph to participate in making decisions about giving informed consent to health care services on behalf of the patient.

(b)

A hospital may appoint a multidisciplinary committee with ethics as a core component of the duties of the committee, or a hospital ethics committee, to participate in making decisions about giving informed consent to medically necessary health care services on behalf of a patient admitted to the hospital in accordance with subsection (3) of this section.

(3)

A person appointed by a hospital under subsection (2) of this section may give informed consent to medically necessary health care services on behalf of and in the best interest of a patient admitted to the hospital if:

(a)

In the medical opinion of the attending physician or naturopathic physician, the patient lacks the ability to make and communicate health care decisions to health care providers;

(b)

The hospital has performed a reasonable search, in accordance with the hospital’s policy for locating relatives and friends of a patient, for a health care representative appointed under ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) or an adult relative or adult friend of the patient who is capable of making health care decisions for the patient, including contacting social service agencies of the Oregon Health Authority or the Department of Human Services if the hospital has reason to believe that the patient has a case manager with the authority or the department, and has been unable to locate any person who is capable of making health care decisions for the patient; and

(c)

The hospital has performed a reasonable search for and is unable to locate any health care instruction executed by the patient.

(4)

Notwithstanding subsection (3) of this section, if a patient’s wishes regarding health care services were made known during a period when the patient was capable of making and communicating health care decisions, the hospital and the person appointed under subsection (2) of this section shall comply with those wishes.

(5)

A person appointed under subsection (2) of this section may not consent on a patient’s behalf to:

(a)

Mental health treatment;

(b)

Sterilization;

(c)

Abortion;

(d)

Except as provided in ORS 127.635 (Withdrawal of life-sustaining procedures) (3), the withholding or withdrawal of life-sustaining procedures as defined in ORS 127.505 (Definitions for ORS 127.505 to 127.660); or

(e)

Except as provided in ORS 127.580 (Presumption of consent to artificially administered nutrition and hydration) (2), the withholding or withdrawal of artificially administered nutrition and hydration, as defined in ORS 127.505 (Definitions for ORS 127.505 to 127.660), other than hyperalimentation, necessary to sustain life.

(6)

If the person appointed under subsection (2) of this section knows the patient’s religious preference, the person shall make reasonable efforts to confer with a member of the clergy of the patient’s religious tradition before giving informed consent to health care services on behalf of the patient.

(7)

A person appointed under subsection (2) of this section is not a health care representative as defined in ORS 127.505 (Definitions for ORS 127.505 to 127.660). [2011 c.512 §1; 2017 c.356 §14; 2018 c.36 §23]

Source: Section 127.760 — Consent to health care services by person appointed by hospital; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html.

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

§ 127.760’s source at oregon​.gov