Powers of Attorney

ORS 127.850
Waiting periods


§3.08. Waiting periods. (1) No less than 15 days shall elapse between the patient’s initial oral request and the writing of a prescription under ORS 127.800 (Definitions) to 127.897 (Form of the request). No less than 48 hours shall elapse between the patient’s written request and the writing of a prescription under ORS 127.800 (Definitions) to 127.897 (Form of the request).

(2)

Notwithstanding subsection (1) of this section, if the qualified patient’s attending physician has medically confirmed that the qualified patient will, within reasonable medical judgment, die before the expiration of at least one of the waiting periods described in subsection (1) of this section, the prescription for medication under ORS 127.800 (Definitions) to 127.897 (Form of the request) may be written at any time following the later of the qualified patient’s written request or second oral request under ORS 127.840 (Written and oral requests). [1995 c.3 §3.08; 2019 c.624 §3]
§§ 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)


Source

Last accessed
Jun. 26, 2021