Regulation of Medicine, Podiatry and Acupuncture

ORS 677.097
Procedure to obtain informed consent of patient


(1)

In order to obtain the informed consent of a patient, a physician or physician assistant shall explain the following:

(a)

In general terms the procedure or treatment to be undertaken;

(b)

That there may be alternative procedures or methods of treatment, if any; and

(c)

That there are risks, if any, to the procedure or treatment.

(2)

After giving the explanation specified in subsection (1) of this section, the physician or physician assistant shall ask the patient if the patient wants a more detailed explanation. If the patient requests further explanation, the physician or physician assistant shall disclose in substantial detail the procedure, the viable alternatives and the material risks unless to do so would be materially detrimental to the patient. In determining that further explanation would be materially detrimental the physician or physician assistant shall give due consideration to the standards of practice of reasonable medical or podiatric practitioners in the same or a similar community under the same or similar circumstances. [1977 c.657 §1; 1983 c.486 §8; 2011 c.550 §8; 2013 c.129 §9]

Notes of Decisions

To demonstrate compliance with this section, expert testimony may be required to establish standard of practice of reasonable medical practitioner if patient requests further explanation of procedures or treatment to be undertaken. Tiedemann v. Radiation Therapy Consultants, 299 Or 238, 701 P2d 440 (1985)

This section, setting forth steps physician shall follow in obtaining patient's informed consent, was intended to codify and clarify common law. Zacher v. Petty, 312 Or 590, 826 P2d 619 (1992)

For "explanation" to be adequate, patient must be capable of understanding risks of, and alternatives to, treatment and capable of using information in rational decision-making process. Macy v. Blatchford, 330 Or 444, 8 P3d 204 (2000)

Law Review Citations

71 OLR 909 (1992); 42 WLR 563 (2006)

Chapter 677

Atty. Gen. Opinions

Extent of grandfather right under 1969 Act amending barbers law, (1972) Vol 36, p 23; licensing requirements for hospital technicians employed by state correctional facilities, (1987) Vol 45, p 188


Source

Last accessed
Jun. 26, 2021