2017 ORS 127.560¹
Provisions not exclusive
  • effect of provisions on civil and criminal liability of health care representative and provider

(1) Except as otherwise specifically provided, ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and 127.995 (Penalties) do not impair or supersede the laws of this state relating to:

(a) Any requirement of notice to others of proposed health care;

(b) The standard of care required of a health care provider in the administration of health care;

(c) Whether consent is required for health care;

(d) The elements of informed consent for health care under ORS 677.097 (Procedure to obtain informed consent of patient) or other law;

(e) The provision of health care in an emergency;

(f) Any right a capable person may have to consent or withhold consent to health care administered in good faith pursuant to religious tenets of the individual requiring health care;

(g) Delegation of authority by a health care representative;

(h) Any legal right or responsibility any person may have to effect the withholding or withdrawal of life-sustaining procedures including artificially administered nutrition and hydration in any lawful manner;

(i) Guardianship or conservatorship proceedings; or

(j) Any right persons may otherwise have to make their own health care decisions, or to make health care decisions for another.

(2) The provisions of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and 127.995 (Penalties) do not in themselves impose civil or criminal liability on a health care representative or health care provider who withholds or withdraws or directs the withholding or withdrawal of life-sustaining procedures or artificially administered nutrition and hydration when a principal is in a health condition other than those conditions described in ORS 127.540 (Limitations on authority of health care representative) (5)(b), 127.580 (Presumption of consent to artificially administered nutrition and hydration) or 127.635 (Withdrawal of life-sustaining procedures) (1). The provisions of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and 127.995 (Penalties) do not abolish or limit the civil or criminal liability of a health care representative under other statutory or common law if the health care representative withholds or withdraws or directs the withholding or withdrawal of life-sustaining procedures or artificially administered nutrition and hydration when a principal is in a health condition other than those conditions described in ORS 127.540 (Limitations on authority of health care representative) (5)(b), 127.580 (Presumption of consent to artificially administered nutrition and hydration) or 127.635 (Withdrawal of life-sustaining procedures) (1). [1989 c.914 §11; 1993 c.767 §15; 2011 c.149 §2]

Law Review Cita­tions

26 WLR 317-338 (1990); 71 OLR 909 (1992)

1 Legislative Counsel Committee, CHAPTER 127—Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors127.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 127, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano127.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.