Powers of Attorney

ORS 127.800

§1.01. Definitions. The following words and phrases, whenever used in ORS 127.800 (Definitions) to 127.897 (Form of the request), have the following meanings:


“Adult” means an individual who is 18 years of age or older.


“Attending physician” means the physician who has primary responsibility for the care of the patient and treatment of the patient’s terminal disease.


“Capable” means that in the opinion of a court or in the opinion of the patient’s attending physician or consulting physician, psychiatrist or psychologist, a patient has the ability to make and communicate health care decisions to health care providers, including communication through persons familiar with the patient’s manner of communicating if those persons are available.


“Consulting physician” means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient’s disease.


“Counseling” means one or more consultations as necessary between a state licensed psychiatrist or psychologist and a patient for the purpose of determining that the patient is capable and not suffering from a psychiatric or psychological disorder or depression causing impaired judgment.


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


“Informed decision” means a decision by a qualified patient, to request and obtain a prescription to end his or her life in a humane and dignified manner, that is based on an appreciation of the relevant facts and after being fully informed by the attending physician of:


His or her medical diagnosis;


His or her prognosis;


The potential risks associated with taking the medication to be prescribed;


The probable result of taking the medication to be prescribed; and


The feasible alternatives, including, but not limited to, comfort care, hospice care and pain control.


“Medically confirmed” means the medical opinion of the attending physician has been confirmed by a consulting physician who has examined the patient and the patient’s relevant medical records.


“Patient” means a person who is under the care of a physician.


“Physician” means a doctor licensed to practice medicine under ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location).


“Qualified patient” means a capable adult who is a resident of Oregon and has satisfied the requirements of ORS 127.800 (Definitions) to 127.897 (Form of the request) in order to obtain a prescription for medication to end his or her life in a humane and dignified manner.


“Terminal disease” means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within six months. [1995 c.3 §1.01; 1999 c.423 §1; 2017 c.409 §3]
(Written Request for Medication to
End One’s Life in a
Humane and Dignified Manner)
§§ 127.800 to 127.897

Notes of Decisions

Series violates Equal Protection Clause under federal Constitution because defined class is overinclusive and therefore not rationally related to state purpose. Lee v. State of Oregon, 891 F. Supp. 1429 (D. Or. 1995)

United States Attorney General's rule punishing physicians who issue prescriptions under Oregon Death with Dignity Act was invalid intrusion on right of state to determine legitimate medical practices. Oregon v. Ashcroft, 368 F3d 1118 (9th Cir. 2004)

Law Review Citations

74 OLR 449 (1995); 31 WLR 601 (1995); 77 OLR 1027 (1998); 37 WLR 691 (2001); 81 OLR 505 (2002); 41 WLR 863 (2005); 43 WLR 399 (2007); 45 WLR 91, 137 (2008); 91 OLR 457 (2012)


Last accessed
Jun. 26, 2021