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

ORS 127.717. Declaration to be made part of medical record; physician or provider to comply with declaration; withdrawal of physician or provider. Upon being presented with a declaration, a physician or other provider shall make the declaration a part of the principals medical record. When acting under authority of a declaration, a physician or provider must comply with it to the fullest extent possible, consistent with reasonable medical practice, the availability of treatments requested and applicable law. If the physician or other provider is unable or unwilling at any time to carry out preferences or instructions contained in a declaration or the decisions of the attorney-in-fact, the physician or provider may withdraw from providing treatment if withdrawal is consistent with the exercise of independent medical judgment that is in the best interest of the principal. Upon withdrawing, a physician or provider shall promptly notify the principal and the attorney-in-fact and document the notification in the principals medical record.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.720. Circumstances in which physician or provider may disregard declaration. (1) The physician or provider may subject the principal to mental health treatment in a manner contrary to the principals wishes as expressed in a declaration for mental health treatment only: (a) If the principal is committed pursuant to ORS 426.005 to 426.390 or 426.701 to the Oregon Health Authority and treatment is authorized in compliance with ORS 426.385 (3) and administrative rule. (b) If treatment is authorized in compliance with administrative rule and: (A) The principal is committed to a state hospital or secure intensive community inpatient facility: (i) As a result of being found guilty except for insanity under ORS 161.295 or responsible except for insanity under ORS 419C.411; (ii) Under ORS 161.365; or (iii) Under ORS 161.370; or (B) The principal is transferred to a state hospital or other facility under ORS 179.473 or 419C.530. (c) In cases of emergency endangering life or health. (2) A declaration does not limit any authority provided in ORS 426.005 to 426.390 either to take a person into custody, or to admit, retain or treat a person in a health care facility.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.722. Revocation of declaration. (1) A declaration may be revoked in whole or in part at any time by the principal if the principal is not incapable. A revocation is effective when a capable principal communicates the revocation to the attending physician or other provider. The attending physician or other provider shall note the revocation as part of the principals medical record. (2) The authority of the principals spouse as attorney-in-fact is revoked if a petition for dissolution or annulment of marriage is filed, the principal is not incapable and the principal or the court does not reaffirm the appointment after the filing of the petition.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.725. Limitations on liability of physician or provider. A physician or provider who administers or does not administer mental health treatment according to and in good faith reliance upon the validity of a declaration is not subject to criminal prosecution, civil liability or professional disciplinary action resulting from a subsequent finding of a declarations invalidity.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.727. Persons prohibited from serving as attorney-in-fact. (1) None of the following may serve as attorney-in-fact: (a) The attending physician or provider or an employee of the physician or provider, if the physician, provider or employee is unrelated to the principal by blood, marriage or adoption. (b) An owner, operator or employee of a health care facility in which the principal is a patient or resident, if the owner, operator or employee is unrelated to the principal by blood, marriage or adoption. (c) A person who is the principals parent, guardian or former guardian if: (A) At any time while the principal was under the care, custody or control of the person, a court entered an order: (i) Taking the principal into protective custody under ORS 419B.150; or (ii) Committing the principal to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; and (B) The court entered a subsequent order that: (i) The principal should be permanently removed from the persons home, or continued in substitute care, because it was not safe for the principal to be returned to the persons home, and no subsequent order of the court was entered that permitted the principal to return to the persons home before the principals wardship was terminated under ORS 419B.328; or (ii) Terminated the persons parental rights under ORS 419B.500 and 419B.502 to 419B.524. (4) A principal, while not incapable, may petition the court to remove a prohibition contained in subsection (1)(c) of this section.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.730. [1993 c.442 13; 2014 c.45 20; repealed by 2023 c.11 5] Note: See note under
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.732. Withdrawal of attorney-in-fact; rescission of withdrawal. (1) An attorney-in-fact may withdraw by giving notice to the principal. If a principal is incapable, the attorney-in-fact may withdraw by giving notice to the attending physician or provider. The attending physician or provider shall note the withdrawal as part of the principals medical record. (2) A person who has withdrawn under the provisions of subsection (1) of this section may rescind the withdrawal by executing an acceptance after the date of the withdrawal. The acceptance must be in the same form as provided by ORS
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.737. other laws applicable to declaration CONSENT TO HEALTH CARE SERVICES BY PERSON OTHER THAN HEALTH CARE REPRESENTATIVE
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.800. 1.01. Definitions. The following words and phrases, whenever used in ORS 127.800 to 127.897, have the following meanings: (1) Adult means an individual who is 18 years of age or older. (2) Attending physician means the physician who has primary responsibility for the care of the patient and treatment of the patients terminal disease. (3) Capable means that in the opinion of a court or in the opinion of the patients attending physician or consulting physician, psychiatrist or psychologist, a patient has the ability to make and communicate health care decisions to health care providers, including communication through persons familiar with the patients manner of communicating if those persons are available. (4) Consulting physician means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patients disease. (5) Counseling means one or more consultations as necessary between a state licensed psychiatrist or psychologist and a patient for the purpose of determining that the patient is capable and not suffering from a psychiatric or psychological disorder or depression causing impaired judgment. (6) Health care provider means a person licensed, certified or otherwise authorized or permitted by the law of this state to administer health care or dispense medication in the ordinary course of business or practice of a profession, and includes a health care facility. (7) Informed decision means a decision by a qualified patient, to request and obtain a prescription to end his or her life in a humane and dignified manner, that is based on an appreciation of the relevant facts and after being fully informed by the attending physician of: (a) His or her medical diagnosis; (b) His or her prognosis; (c) The potential risks associated with taking the medication to be prescribed; (d) The probable result of taking the medication to be prescribed; and (e) The feasible alternatives, including, but not limited to, comfort care, hospice care and pain control. (8) Medically confirmed means the medical opinion of the attending physician has been confirmed by a consulting physician who has examined the patient and the patients relevant medical records. (9) Patient means a person who is under the care of a physician. (10) Physician means a doctor licensed to practice medicine under ORS 677.100 to 677.228. (11) Qualified patient means a capable adult who has satisfied the requirements of ORS 127.800 to 127.897 in order to obtain a prescription for medication to end his or her life in a humane and dignified manner. (12) Terminal disease means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within six months. [1995 c.3 1.01; 1999 c.423 1; 2017 c.409 3; 2023 c.241 1] (Written Request for Medication to End Ones Life in a Humane and Dignified Manner) (Section 2)
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.805. 2.01. Who may initiate a written request for medication. (1) An adult who is capable and has been determined by the attending physician and consulting physician to be suffering from a terminal disease, and who has voluntarily expressed his or her wish to die, may make a written request for medication for the purpose of ending his or her life in a humane and dignified manner in accordance with ORS 127.800 to 127.897. (2) No person shall qualify under the provisions of ORS 127.800 to 127.897 solely because of age or disability.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.810. 2.02. Form of the written request. (1) A valid request for medication under ORS 127.800 to 127.897 shall be in substantially the form described in ORS
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.815. 3.01. Attending physician responsibilities. (1) The attending physician shall: (a) Make the initial determination of whether a patient has a terminal disease, is capable, and has made the request voluntarily; (b) To ensure that the patient is making an informed decision, inform the patient of: (A) His or her medical diagnosis; (B) His or her prognosis; (C) The potential risks associated with taking the medication to be prescribed; (D) The probable result of taking the medication to be prescribed; and (E) The feasible alternatives, including, but not limited to, comfort care, hospice care and pain control; (c) Refer the patient to a consulting physician for medical confirmation of the diagnosis, and for a determination that the patient is capable and acting voluntarily; (d) Refer the patient for counseling if appropriate pursuant to ORS 127.825; (e) Recommend that the patient notify next of kin; (f) Counsel the patient about the importance of having another person present when the patient takes the medication prescribed pursuant to ORS 127.800 to 127.897 and of not taking the medication in a public place; (g) Inform the patient that he or she has an opportunity to rescind the request at any time and in any manner, and offer the patient an opportunity to rescind at the time the patient makes the patients second oral request pursuant to ORS
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.820. 3.02. Consulting physician confirmation. Before a patient is qualified under ORS 127.800 to 127.897, a consulting physician shall examine the patient and his or her relevant medical records and confirm, in writing, the attending physicians diagnosis that the patient is suffering from a terminal disease, and verify that the patient is capable, is acting voluntarily and has made an informed decision.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.825. 3.03. Counseling referral. If in the opinion of the attending physician or the consulting physician a patient may be suffering from a psychiatric or psychological disorder or depression causing impaired judgment, either physician shall refer the patient for counseling. No medication to end a patients life in a humane and dignified manner shall be prescribed until the person performing the counseling determines that the patient is not suffering from a psychiatric or psychological disorder or depression causing impaired judgment.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.830. 3.04. Informed decision. No person shall receive a prescription for medication to end his or her life in a humane and dignified manner unless he or she has made an informed decision as defined in ORS 127.800 (7). Immediately prior to writing a prescription for medication under ORS 127.800 to 127.897, the attending physician shall verify that the patient is making an informed decision.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.835. 3.05. Family notification. The attending physician shall recommend that the patient notify the next of kin of his or her request for medication pursuant to ORS 127.800 to 127.897. A patient who declines or is unable to notify next of kin shall not have his or her request denied for that reason.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.840. 3.06. Written and oral requests. (1) In order to receive a prescription for medication to end his or her life in a humane and dignified manner, a qualified patient shall have made an oral request and a written request, and reiterate the oral request to his or her attending physician no less than 15 days after making the initial oral request. (2) Notwithstanding subsection (1) of this section, if the qualified patients attending physician has medically confirmed that the qualified patient will, within reasonable medical judgment, die within 15 days after making the initial oral request under this section, the qualified patient may reiterate the oral request to his or her attending physician at any time after making the initial oral request. (3) At the time the qualified patient makes his or her second oral request, the attending physician shall offer the patient an opportunity to rescind the request.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.845. 3.07. Right to rescind request. A patient may rescind his or her request at any time and in any manner without regard to his or her mental state. No prescription for medication under ORS 127.800 to 127.897 may be written without the attending physician offering the qualified patient an opportunity to rescind the request.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.850. 3.08. Waiting periods. (1) No less than 15 days shall elapse between the patients initial oral request and the writing of a prescription under ORS
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.855. 3.09. Medical record documentation requirements. The following shall be documented or filed in the patients medical record: (1) All oral requests by a patient for medication to end his or her life in a humane and dignified manner; (2) All written requests by a patient for medication to end his or her life in a humane and dignified manner; (3) The attending physicians diagnosis and prognosis, determination that the patient is capable, acting voluntarily and has made an informed decision; (4) The consulting physicians diagnosis and prognosis, and verification that the patient is capable, acting voluntarily and has made an informed decision; (5) A report of the outcome and determinations made during counseling, if performed; (6) Any medically confirmed certification of the imminence of the patients death; (7) The attending physicians offer to the patient to rescind his or her request at the time of the patients second oral request pursuant to ORS 127.840; and (8) A note by the attending physician indicating that all requirements under ORS
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.865. 3.11. Reporting requirements. (1)(a) The Oregon Health Authority shall annually review a sample of records maintained pursuant to ORS 127.800 to
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.870. 3.12. Effect on construction of wills, contracts and statutes. (1) No provision in a contract, will or other agreement, whether written or oral, to the extent the provision would affect whether a person may make or rescind a request for medication to end his or her life in a humane and dignified manner, shall be valid. (2) No obligation owing under any currently existing contract shall be conditioned or affected by the making or rescinding of a request, by a person, for medication to end his or her life in a humane and dignified manner.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.875. 3.13. Insurance or annuity policies. The sale, procurement, or issuance of any life, health, or accident insurance or annuity policy or the rate charged for any policy shall not be conditioned upon or affected by the making or rescinding of a request, by a person, for medication to end his or her life in a humane and dignified manner. Neither shall a qualified patients act of ingesting medication to end his or her life in a humane and dignified manner have an effect upon a life, health, or accident insurance or annuity policy.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.880. 3.14. Construction of Act. Nothing in ORS 127.800 to 127.897 shall be construed to authorize a physician or any other person to end a patients life by lethal injection, mercy killing or active euthanasia. Actions taken in accordance with ORS 127.800 to 127.897 shall not, for any purpose, constitute suicide, assisted suicide, mercy killing or homicide, under the law. [1995 c.3 3.14] (Immunities and Liabilities) (Section 4)
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.890. 4.02. Liabilities. (1) A person who without authorization of the patient willfully alters or forges a request for medication or conceals or destroys a rescission of that request with the intent or effect of causing the patients death shall be guilty of a Class A felony. (2) A person who coerces or exerts undue influence on a patient to request medication for the purpose of ending the patients life, or to destroy a rescission of such a request, shall be guilty of a Class A felony. (3) Nothing in ORS 127.800 to 127.897 limits further liability for civil damages resulting from other negligent conduct or intentional misconduct by any person. (4) The penalties in ORS 127.800 to 127.897 do not preclude criminal penalties applicable under other law for conduct which is inconsistent with the provisions of ORS 127.800 to 127.897.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.892. Claims by governmental entity for costs incurred. Any governmental entity that incurs costs resulting from a person terminating his or her life pursuant to the provisions of ORS 127.800 to 127.897 in a public place shall have a claim against the estate of the person to recover such costs and reasonable attorney fees related to enforcing the claim. [1999 c.423 5a] (Severability) (Section 5)
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.895. 5.01. Severability. Any section of ORS 127.800 to 127.897 being held invalid as to any person or circumstance shall not affect the application of any other section of ORS
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.897. individuals who, in the presence of the patient, attest that to the best of their knowledge and belief the patient is capable, acting voluntarily, and is not being coerced to sign the request. (2) One of the witnesses shall be a person who is not: (a) A relative of the patient by blood, marriage or adoption; (b) A person who at the time the request is signed would be entitled to any portion of the estate of the qualified patient upon death under any will or by operation of law; or (c) An owner, operator or employee of a health care facility where the qualified patient is receiving medical treatment or is a resident. (3) The patients attending physician at the time the request is signed shall not be a witness. (4) If the patient is a patient in a long term care facility at the time the written request is made, one of the witnesses shall be an individual designated by the facility and having the qualifications specified by the Department of Human Services by rule. [1995 c.3 2.02] (Safeguards) (Section 3)
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.899. Short title. ORS 127.800 to 127.897 shall be known as the Oregon Death with Dignity Act.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.990. [Formerly part of 97.990; repealed by 1993 c.767 29] PENALTIES
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.995. (1) Adult means an individual who: (a) Is 18 years of age or older; or (b) Has been adjudicated an emancipated minor, or is a minor who is married. (2)(a) Advance directive means a document executed by a principal that contains: (A) A form appointing a health care representative; and (B) Instructions to the health care representative. (b) Advance directive includes any supplementary document or writing attached by the principal to the document described in paragraph (a) of this subsection. (3) Appointment means a form appointing a health care representative, letters of guardianship or a court order appointing a health care representative. (4)(a) Artificially administered nutrition and hydration means a medical intervention to provide food and water by tube, mechanical device or other medically assisted method. (b) Artificially administered nutrition and hydration does not include the usual and typical provision of nutrition and hydration, such as the provision of nutrition and hydration by cup, hand, bottle, drinking straw or eating utensil. (5) Attending health care provider means the health care provider who has primary responsibility for the care and treatment of the principal, provided that the powers and duties conferred on the health care provider by ORS 127.505 to
ORS Chapter 137 — Judgment and Execution;

ORS 137.012. Suspension of imposition or execution of sentence of person convicted of certain sexual offenses; term of probation. If the court suspends the imposition or execution of a part of a sentence of, or imposes a sentence of probation on, any person convicted of violating or attempting to violate ORS 163.365, 163.375, 163.395, 163.405, 163.408, 163.411, 163.425 or 163.427, the court shall sentence the defendant to probation for a period of at least five years and no more than the maximum statutory indeterminate sentence for the offense. [1991 c.831 2; 1993 c.14 2; 1993 c.301 2; 1999 c.161 3] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.013. Appearance by victim at time of sentencing. At the time of sentencing, the victim or the victims next of kin has the right to appear personally or by counsel, and has the right to reasonably express any views concerning the crime, the person responsible, the impact of the crime on the victim, and the need for restitution and compensatory fine.
ORS Chapter 137 — Judgment and Execution;

ORS 137.017. Disposition of fines, costs and security deposits received by court. Except as otherwise specifically provided by law, all fines, costs, security deposits and other amounts ordered or required to be paid in criminal actions in circuit courts are monetary obligations payable to the state and shall be deposited in the Criminal Fine Account.
ORS Chapter 137 — Judgment and Execution;

ORS 137.030. Presence of defendant at pronouncement of judgment. For the purpose of giving judgment, if the conviction is for: (1) A felony, the defendant shall be personally present. (2) A misdemeanor, judgment may be given in the absence of the defendant.
ORS Chapter 137 — Judgment and Execution;

ORS 137.040. Bringing defendant in custody to pronouncement of judgment. If the defendant is in custody, the court shall: (1) Direct the officer in whose custody the defendant is to bring the defendant before the court for judgment and the officer shall do so accordingly; or (2) Ensure that arrangements for the defendant to appear for judgment by simultaneous electronic transmission as described in ORS 131.045 have been made. [Amended by 2005 c.566 10]