Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 390 - HEALTH CARE ADVOCATES FOR ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-390-0160 - Health Care Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 INDIVIDUAL. An individual is entitled to make their own health care decisions
			 unless the individual is determined to be incapable as defined in OAR
			 411-390-0120.
(2) GUARDIAN. For an individual who has a
			 guardian with health care decision-making authority, the guardian has health
			 care decision-making authority.
(3)
			 HEALTH CARE REPRESENTATIVE. For an individual who has self-appointed a health
			 care representative with an advance directive, the health care representative
			 has health care decision-making authority as described in ORS
			 127.505 through
			 127.660.
(4) HEALTH CARE ADVOCATE. If an individual is
			 determined to be incapable and does not have a health care representative or
			 guardian with health care decision-making authority, the individual's
			 individualized written service plan team may appoint a health care advocate.
(a) The health care advocate must be a
			 capable adult willing to serve as a health care advocate.
(b) Except as may be allowed by court order,
			 the following may not serve as the health care advocate appointed under these
			 rules:
(A) The individual's attending
			 physician or an employee of the attending physician or any other person
			 providing care to the individual.
(B) The individual's parent whose parental
			 rights are terminated.
(C) The
			 individual's parent or guardian who, if at any time the individual was under
			 the care, custody, or control of the parent or guardian, the court entered an
			 order that placed the individual in the protective or legal custody of the
			 Department and the individual was not returned to the care, custody, or control
			 of the parent or guardian.
(D) An
			 owner, operator, or employee of a health care facility in which the individual
			 is a patient or resident, unless the health care advocate was appointed before
			 the individual's admission to the facility.
(E) An owner, operator, or employee of a
			 licensed, certified, or endorsed developmental disabilities services provider
			 when the provider is paid to support the individual for whom a health care
			 advocate is being appointed.
(F) An
			 employee of a case management entity when the individual is receiving case
			 management services from the entity.
(c) At least two-thirds of an individualized
			 written service plan team, including the individual, must approve of the health
			 care advocate.
(d) The appointment
			 of a health care advocate is valid for up to one year but may be revoked as
			 described in subsection (f) of this section.
(e) The appointment of a health care advocate
			 is only valid when form 0496R is completed each year of the health care
			 advocate's appointment.
(f) The
			 appointment of a health care advocate may be revoked:
(A) By the individual, at any time, using any
			 means of communication available.
(B) By the individualized written service
			 plan team following a majority vote.
(g) A person who is willing and eligible to
			 serve as an appointed health care advocate is required to complete
			 Department-approved training prior to the appointment as a health care advocate
			 and prior to making a health care decision for an individual.