ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.660. (6) Attending physician means the physician who has primary responsibility for the care and treatment of the principal. (7) Capable means not incapable. (8) Form appointing a health care representative means: (a) The portion of the form set forth in ORS 127.529, used to appoint a health care representative or an alternate health care representative; or (b) The form set forth in ORS 127.527. (9) Health care means diagnosis, treatment or care of disease, injury and congenital or degenerative conditions, including the use, maintenance, withdrawal or withholding of life-sustaining procedures and the use, maintenance, withdrawal or withholding of artificially administered nutrition and hydration. (10) Health care decision means consent, refusal of consent or withholding or withdrawal of consent to health care, and includes decisions relating to admission to or discharge from a health care facility. (11) Health care facility means a health care facility as defined in ORS 442.015, a domiciliary care facility as defined in ORS 443.205, a residential facility as defined in ORS 443.400, an adult foster home as defined in ORS 443.705 or a hospice program as defined in ORS 443.850. (12)(a) Health care provider means a person licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession. (b) Health care provider includes a health care facility. (13) Health care representative means: (a) A competent adult appointed to be a health care representative or an alternate health care representative under ORS 127.510. (b) A person who has authority to make health care decisions for a principal under the provisions of ORS 127.635 (2) or (3). (c) A guardian or other person, appointed by a court to make health care decisions for a principal. (14) Incapable means that in the opinion of the court in a proceeding to appoint or confirm authority of a health care representative, or in the opinion of the principals attending physician or attending health care provider, a principal lacks the ability to make and communicate health care decisions to health care providers, including communication through persons familiar with the principals manner of communicating if those persons are available. (15) Instrument means an advance directive, form appointing a health care representative, disqualification, withdrawal, court order, court appointment or other document governing health care decisions. (16)(a) Life-sustaining procedure means any medical procedure, pharmaceutical, medical device or medical intervention that maintains life by sustaining, restoring or supplanting a vital function. (b) Life-sustaining procedure does not include routine care necessary to sustain patient cleanliness and comfort. (17) Medically confirmed means the medical opinion of the attending physician or attending health care provider has been confirmed by a second physician or second health care provider who has examined the patient and who has clinical privileges or expertise with respect to the condition to be confirmed. (18) Permanently unconscious means completely lacking an awareness of self and external environment, with no reasonable possibility of a return to a conscious state, and that condition has been medically confirmed by a neurological specialist who is an expert in the examination of unresponsive individuals. (19) Physician means an individual licensed to practice medicine by the Oregon Medical Board or a naturopathic physician licensed to practice naturopathic medicine by the Oregon Board of Naturopathic Medicine. (20) Principal means: (a) An adult who has executed an advance directive; (b) A person of any age who has a health care representative; (c) A person for whom a health care representative is sought; or (d) A person being evaluated for capability to whom a health care representative will be assigned if the person is determined to be incapable. (21) Terminal condition means a health condition in which death is imminent irrespective of treatment, and where the application of life-sustaining procedures or the artificial administration of nutrition and hydration serves only to postpone the moment of death of the principal. [1989 c.914 1; 1991 c.470 11; 1993 c.767 1; 2009 c.381 1; 2017 c.356 12; 2018 c.36 9; 2021 c.328 4] (Health Care Decisions Generally)