justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.580. Presumption of consent to artificially administered nutrition and hydration; exceptions. (1) It shall be presumed that every person who is temporarily or permanently incapable has consented to artificially administered nutrition and hydration, other than hyperalimentation, that are necessary to sustain life except in one or more of the following circumstances: (a) The person while a capable adult clearly and specifically stated that the person would have refused artificially administered nutrition and hydration. (b) Administration of such nutrition and hydration is not medically feasible or would itself cause severe, intractable or long-lasting pain. (c) The person has an appointed health care representative who has been given authority to make decisions on the use, maintenance, withholding or withdrawing of artificially administered nutrition and hydration. (d) The person does not have an appointed health care representative or an advance directive that clearly states that the person did not want artificially administered nutrition and hydration, and the person is permanently unconscious. (e) The person does not have an appointed health care representative or an advance directive that clearly states that the person did not want artificially administered nutrition and hydration, the person is incapable, and the person has a terminal condition. (f) The person has a progressive illness that will be fatal and is in an advanced stage, the person is consistently and permanently unable to communicate by any means, swallow food and water safely, care for the persons self and recognize the persons family and other people, and it is very unlikely that the persons condition will substantially improve. (2) If a person does not have an appointed health care representative or an advance directive that clearly states that the person did not want artificially administered nutrition and hydration, but the presumption established by this section has been overcome under the provisions of subsection (1)(a), (b), (d), (e) or (f) of this section, artificially administered nutrition and hydration may be withheld or withdrawn under the provisions of ORS 127.635 (2), (3) and (4). (3) The medical conditions specified in subsection (1)(b), (d), (e) and (f) of this section must be medically confirmed to overcome the presumption established by subsection (1) of this section.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.610. [Formerly 97.055; repealed by 1993 c.767 29]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.615. [Formerly 97.060; repealed by 1993 c.767 29]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.620. [Formerly 97.065; repealed by 1993 c.767 29]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.625. Providers under no duty to participate in withdrawal or withholding of certain health care; duty of provider who is unwilling to participate. (1) A health care provider is not under any duty, whether by contract, statute or other legal requirement, to participate in the withdrawal or withholding of life-sustaining procedures or of artificially administered nutrition or hydration. (2) If a health care provider is unable or unwilling to carry out an advance directive or the decisions of the health care representative, the following provisions apply: (a) The health care provider shall promptly notify the health care representative, if the principal has appointed a health care representative; (b) If the authority or decision of the health care representative is in dispute, the health care representative or health care provider may seek the guidance of the court in the manner provided in ORS 127.550; (c) If the health care representatives authority or decision is not in dispute, the health care representative shall make a reasonable effort to transfer the principal to the care of another physician or health care provider; and (d) If there is no health care representative for an incapable patient, and the health care decisions are not in dispute, the health care provider shall, without abandoning the patient, either discharge the patient or make a reasonable effort to locate a different physician or health care provider and authorize the transfer of the patient to that physician or health care provider.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.630. [Formerly 97.080; repealed by 1993 c.767 29]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.640. Physician to determine that conditions met before withdrawing or withholding certain health care. Before withholding or withdrawing life-sustaining procedures or artificially administered nutrition and hydration under the provisions of ORS 127.540,
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.642. Principal to be provided with certain care to insure comfort and cleanliness. Individuals caring for a principal from whom life-sustaining procedures or artificially administered nutrition and hydration are withheld or withdrawn shall provide care to insure comfort and cleanliness, including but not limited to the following: (1) Oral and body hygiene. (2) Reasonable efforts to offer food and fluids orally. (3) Medication, positioning, warmth, appropriate lighting and other measures to relieve pain and suffering. (4) Privacy and respect for the dignity and humanity of the principal.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.645. [Formerly 97.085; repealed by 1993 c.767 29] (Requirements Imposed on Health Care Organizations Relating to Rights of Individuals to Make Health Care Decisions)
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.646. Definitions for ORS 127.646 to 127.654. As used in ORS 127.646 to 127.654: (1) Health care organization means a home health agency, hospice program, hospital, long term care facility or health maintenance organization. (2) Health maintenance organization has the meaning given that term in ORS 750.005, except that health maintenance organization includes only those organizations that participate in the federal Medicare or Medicaid programs. (3) Home health agency has the meaning given that term in ORS 443.014. (4) Hospice program has the meaning given that term in ORS 443.850. (5) Hospital has the meaning given that term in ORS 442.015. Hospital does not include a special inpatient care facility. (6) Long term care facility has the meaning given that term in ORS 442.015, except that long term care facility does not include an intermediate care facility for individuals with intellectual or developmental disabilities.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.649. Health care organizations required to have written policies and procedures on providing information on patients right to make health care decisions. (1) Subject to the provisions of ORS 127.652 and 127.654, all health care organizations shall maintain written policies and procedures, applicable to each capable adult individual who receives health care by or through the health care organization, that provide for: (a) Delivering to the individual the following information and materials, in written form, without recommendation: (A) Information on the rights of the individual under the laws of this state to make health care decisions, including the right to accept or refuse medical or surgical treatment and the right to execute an advance directive or a form appointing a health care representative; (B) Information on the policies of the health care organization with respect to the implementation of the rights of the individual under the laws of this state to make health care decisions; (C) Materials necessary to execute an advance directive or a form appointing a health care representative; and (D) The name of a person who can provide additional information concerning advance directives and forms appointing a health care representative. (b) Documenting in a prominent place in the individuals medical record whether the individual has executed an advance directive or a form appointing a health care representative. (c) Ensuring compliance by the health care organization with the laws of this state governing advance directives and forms appointing a health care representative. (d) Educating the staff and the community on issues relating to advance directives and forms appointing a health care representative. (2) A health care organization does not need to deliver materials described in subsection (1)(a)(C) of this section if the health care organization has reason to believe that the individual has received materials described in subsection (1)(a)(C) of this section during the preceding 12-month period or has previously executed an advance directive or a form appointing a health care representative.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.650. [Formerly 97.090; repealed by 1993 c.767 29]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.652. Time of providing information. The written information described in ORS
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.654. Scope of requirement; limitation on liability for failure to comply. (1) The requirements of ORS 127.646 to 127.654 are in addition to any requirements that may be imposed under federal law, but ORS 127.646 to 127.654 shall be interpreted in a fashion consistent with the Patient Self-Determination Act, enacted by sections 4206 and 4751 of Public Law 101-508. Nothing in ORS 127.646 to 127.654 requires any health care organization, or any employee or agent of a health care organization, to act in a manner inconsistent with federal law or contrary to individual religious or philosophical beliefs. (2) No health care organization shall be subject to criminal prosecution or civil liability for failure to comply with ORS 127.646 to 127.654. [1991 c.761 4] (Previously Executed Advance Directives)
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.658. Effect of ORS 127.505 to 127.660 on previously executed advance directives. (1) ORS 127.505 to 127.660 as enacted, the repeal of any statute that was a part of ORS 127.505 to 127.660 and subsequent amendments to the provisions of ORS 127.505 to
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.663. Definitions for ORS 127.663 to 127.684. As used in ORS 127.663 to 127.684: (1) Authorized user means a person authorized by the Oregon Health Authority to provide information to or receive information from the POLST registry. (2) Life-sustaining treatment means any medical procedure, pharmaceutical, medical device or medical intervention that maintains life by sustaining, restoring or supplanting a vital function. Life-sustaining treatment does not include routine care necessary to sustain patient cleanliness and comfort. (3) Naturopathic physician has the meaning given the term in ORS 685.010. (4) Nurse practitioner has the meaning given that term in ORS 678.010. (5) Physician has the meaning given that term in ORS 677.010. (6) Physician assistant has the meaning given that term in ORS 677.495. (7) POLST means a physician order for life-sustaining treatment signed by a physician, naturopathic physician, nurse practitioner or physician assistant. (8) POLST registry means the registry established in ORS 127.666.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.666. Establishment of registry; rules. (1) The Oregon Health Authority shall establish and operate a statewide registry for the collection and dissemination of physician orders for life-sustaining treatment to help ensure that medical treatment preferences for an individual nearing the end of the individuals life are honored. (2) The authority shall adopt rules for the registry, including but not limited to rules that: (a) Require submission of the following documents to the registry, unless the patient has requested to opt out of the registry: (A) A copy of each POLST; (B) A copy of a revised POLST; and (C) Notice of any known revocation of a POLST; (b) Prescribe the manner for submitting information described in paragraph (a) of this subsection; (c) Require the release of registry information to authorized users for treatment purposes; (d) Authorize notification by the registry to specified persons of the receipt, revision or revocation of a POLST; and (e) Establish procedures to protect the accuracy and confidentiality of information submitted to the registry. (3) The authority may permit qualified researchers to access registry data. If the authority permits qualified researchers to have access to registry data, the authority shall adopt rules governing the access to data that shall include but need not be limited to: (a) The process for a qualified researcher to request access to registry data; (b) The types of data that a qualified researcher may be provided from the registry; and (c) The manner by which a researcher must protect registry data obtained under this subsection. (4) The authority may contract with a private or public entity to establish or maintain the registry, and such contract is exempt from the requirements of ORS chapters 279A, 279B and 279C.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.669. Oregon Health Authority not required to perform certain acts. Nothing in ORS
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.672. POLST not required; revocation. Nothing in ORS 127.663 to 127.684 is intended to require an individual to have a POLST or to require a health professional to authorize or execute a POLST. A POLST may be revoked at any time.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.678. Confidentiality. Except as provided in ORS 127.666, all information collected or developed by the POLST registry that identifies or could be used to identify a patient, health care provider or facility is confidential and is not subject to civil or administrative subpoena or to discovery in a civil action, including but not limited to a judicial, administrative, arbitration or mediation proceeding.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.681. Immunity from liability. Any person reporting information to the POLST registry or acting on information obtained from the POLST registry in good faith is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to the reporting of information to the POLST registry or acting on information obtained from the POLST registry.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.684. Short title. ORS 127.663 to 127.684 shall be known and may be cited as the Oregon POLST Registry Act. [2009 c.595 1181] DECLARATIONS FOR MENTAL HEALTH TREATMENT
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.700. Definitions for ORS 127.700 to 127.737. As used in ORS 127.700 to 127.737: (1) Attending physician shall have the same meaning as provided in ORS 127.505. (2) Attorney-in-fact means an adult validly appointed under ORS 127.540, 127.700 to 127.737 and 426.385 to make mental health treatment decisions for a principal under a declaration for mental health treatment and also means an alternative attorney-in-fact. (3) Declaration means a document making a declaration of preferences or instructions regarding mental health treatment. (4) Health care facility shall have the same meaning as provided in ORS 127.505. (5) Health care provider shall have the same meaning as provided in ORS 127.505. (6) Incapable means that, in the opinion of the court in a protective proceeding under ORS chapter 125, or the opinion of two physicians, a persons ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions. (7) Mental health treatment means convulsive treatment, treatment of mental illness with psychoactive medication, admission to and retention in a health care facility for a period not to exceed 17 days for care or treatment of mental illness, and outpatient services. (8) Outpatient services means treatment for a mental or emotional disorder that is obtained by appointment and is provided by an outpatient service as defined in ORS 430.010. (9) Provider means a mental health treatment provider, a physician assistant licensed under ORS 677.505 to 677.525 or a nurse practitioner licensed under ORS 678.375 to 678.390. (10) Representative means attorney-in-fact as defined in this section. [1993 c.442 1; 1995 c.664 88; 1997 c.563 1; 1999 c.83 1; 2001 c.104 39; 2014 c.45 16; 2023 c.11 2] Note: Section 6, chapter 11, Oregon Laws 2023, provides: Sec. 6. The amendments to ORS 97.130, 127.700, 127.707 and 127.736 by sections 1 to 4 of this 2023 Act and the repeal of ORS 127.730 by section 5 of this 2023 Act apply to documents executed on or after the effective date of this 2023 Act [January 1, 2024].
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.702. Persons who may make declaration for mental health treatment; period of validity. (1) An adult of sound mind may make a declaration of preferences or instructions regarding mental health treatment. The preferences or instructions may include consent to or refusal of mental health treatment. (2) A declaration for mental health treatment continues in effect for a period of three years or until revoked. The authority of a named attorney-in-fact and any alternative attorney-in-fact named in the declaration continues in effect as long as the declaration appointing the attorney-in-fact is in effect or until the attorney-in-fact has withdrawn. If a declaration for mental health treatment has been invoked and is in effect at the expiration of three years after its execution, the declaration remains effective until the principal is no longer incapable.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.703. Required policies regarding mental health treatment rights information; declarations for mental health treatment. (1) All health care and mental health care organizations shall maintain written policies and procedures, applicable to all capable adults who are receiving mental health treatment by or through the organization, that provide for: (a) Delivering to those individuals the following information and materials, in written form, without recommendation: (A) Information on the rights of the individual under Oregon law to make mental health treatment decisions, including the right to accept or refuse mental health treatment and the right to execute declarations for mental health treatment; (B) Information on the policies of the organization with respect to implementation of the rights of the individual under Oregon law to make mental health treatment decisions; (C) A copy of the declaration for mental health treatment set forth in ORS 127.736; and (D) The name of a person who can provide additional information concerning the forms for declarations for mental health treatment. (b) Documenting in a prominent place in the individuals medical record whether the individual has executed a declaration for mental health treatment. (c) Ensuring compliance by the organization with Oregon law relating to declarations for mental health treatment. (d) Educating the staff and the community on issues relating to declarations for mental health treatment. (2) An organization need not furnish a copy of a declaration for mental health treatment to an individual if the organization has reason to believe that the individual has received a copy of a declaration in the form set forth in ORS
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.705. Designation of attorney-in-fact for decisions about mental health treatment. A declaration may designate a competent adult to act as attorney-in-fact to make decisions about mental health treatment. An alternative attorney-in-fact may also be designated to act as attorney-in-fact if the original designee is unable or unwilling to act at any time. An attorney-in-fact who has accepted the appointment in writing may make decisions about mental health treatment on behalf of the principal only when the principal is incapable. The decisions must be consistent with any desires the principal has expressed in the declaration.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.707. Execution of declaration; witnesses. (1) A declaration is effective only if it is signed by the principal and: (a) Signed by two competent adult witnesses; or (b) Notarized by a notary public. (2) If a declaration is validated under subsection (1)(a) of this section, each witness must: (a) Witness the principal signing the declaration or acknowledging the signature of the principal on the declaration. (b) Attest that the principal: (A) Is known to the witness; (B) Signed or acknowledged the declaration in the presence of the witness; and (C) Appeared to be of sound mind and not under duress, fraud or undue influence. (3) None of the following may serve as a witness to the signing or acknowledgment of a declaration: (a) The principals attending physician, provider or health care provider or a relative of the principals attending physician, provider or health care provider; (b) An owner, operator or relative of an owner or operator of a health care facility in which the principal is a patient or resident; (c) A person related to the principal by blood, marriage or adoption; or (d) A person appointed as attorney-in-fact or alternative attorney-in-fact by the declaration. [1993 c.442 4; 2023 c.11 3] Note: See note under
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.710. Operation of declaration; physician or provider to act in accordance with declaration. A declaration becomes operative when it is delivered to the principals physician or other provider and remains valid until revoked or expired. The physician or provider shall act in accordance with an operative declaration when the principal has been found to be incapable. The physician or provider shall continue to obtain the principals informed consent to all mental health treatment decisions if the principal is capable of providing informed consent or refusal.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.712. Scope of authority of attorney-in-fact; powers and duties; limitation on liability. (1) The attorney-in-fact does not have authority to make mental health treatment decisions unless the principal is incapable. (2) The attorney-in-fact is not, as a result of acting in that capacity, personally liable for the cost of treatment provided to the principal. (3) Except to the extent the right is limited by the declaration or any federal law, an attorney-in-fact has the same right as the principal to receive information regarding the proposed mental health treatment and to receive, review and consent to disclosure of medical records relating to that treatment. This right of access does not waive any evidentiary privilege. (4) In exercising authority under the declaration, the attorney-in-fact has a duty to act consistently with the desires of the principal as expressed in the declaration. If the principals desires are not expressed in the declaration and not otherwise known by the attorney-in-fact, the attorney-in-fact has a duty to act in what the attorney-in-fact in good faith believes to be the best interests of the principal. (5) An attorney-in-fact is not subject to criminal prosecution, civil liability or professional disciplinary action for any action taken in good faith pursuant to a declaration for mental health treatment.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.715. Prohibitions against requiring person to execute or refrain from executing declaration. A person shall not be required to execute or to refrain from executing a declaration as a criterion for insurance, as a condition for receiving mental or physical health services or as a condition of discharge from a health care facility.