2017 ORS 127.565¹
Independent medical judgment of provider
  • effect of advance directive on insurance

This section is amended
Effective June 2, 2018
Relating to health care decisions; creating new provisions; amending ORS 97.953, 97.955, 97.959, 127.005, 127.505, 127.510, 127.515, 127.520, 127.525, 127.535, 127.545, 127.550, 127.555, 127.565, 127.625, 127.635, 127.640, 127.649, 127.658, 127.737, 127.760, 163.193 and 163.206; repealing ORS 127.531; and prescribing an effective date.

(1) In following a health care instruction or the decision of a health care representative, a health care provider shall exercise the same independent medical judgment that the health care provider would exercise in following the decisions of the principal if the principal were capable.

(2) No person shall be required either to execute or to refrain from executing an advance directive as a criterion for insurance. No health care provider shall condition the provision of health care or otherwise discriminate against an individual based on whether or not the individual has executed an advance directive.

(3) No existing or future policy of insurance shall be legally impaired or invalidated in any manner by actions taken under ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and 127.995 (Penalties). No person shall be discriminated against in premium or contract rates because of the existence or absence of an advance directive or appointment of a health care representative.

(4) Nothing in ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and 127.995 (Penalties) is intended to impair or supersede any conflicting federal statute. [1989 c.914 §12; 1993 c.767 §16]

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.