Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts

ORS 97.978
Resolution of conflict between potential anatomical gift and advance directive


As used in this section:


“Advance directive” has the meaning given that term in ORS 127.505 (Definitions for ORS 127.505 to 127.660).


“Declaration” means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.


“Health care decision” means any decision regarding the health care of a prospective donor.


If a prospective donor has a declaration or advance directive and the terms of the declaration or advance directive and the express or implied terms of a potential anatomical gift are in conflict regarding administration of measures necessary to ensure the medical suitability of a body part for transplantation, therapy, research or education, the prospective donor and the prospective donor’s attending physician shall confer to resolve the conflict.


If the prospective donor is incapable of resolving the conflict, one of the following persons shall act for the prospective donor to resolve the conflict:


An agent acting under the prospective donor’s declaration or advance directive; or


If an agent is not named in the declaration or advance directive or the agent is not reasonably available, another person authorized by law, other than in ORS 97.951 (Short title) to 97.982 (Alteration of document of anatomical gift prohibited), to make health care decisions for the prospective donor.


The conflict must be resolved as expeditiously as possible.


Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any person authorized under ORS 97.965 (Persons authorized to make anatomical gift of body or body part of decedent) to make an anatomical gift for the prospective donor.


During the resolution of the conflict, measures necessary to ensure the medical suitability of the body part may not be withheld or withdrawn from the prospective donor unless withholding or withdrawing the measures is medically indicated by appropriate end of life care. [2007 c.681 §18]
Note: See note under 97.951 (Short title).
Chapter 97

Atty. Gen. Opinions

Embalming dead human body without prior authorization from surviving spouse or next of kin, (1981) Vol 41, p 457


Last accessed
Jun. 26, 2021