2017 ORS 127.810¹
Form of the written request

§2.02. Form of the written request. (1) A valid request for medication under ORS 127.800 (Definitions) to 127.897 (Form of the request) shall be in substantially the form described in ORS 127.897 (Form of the request), signed and dated by the patient and witnessed by at least two 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 patient’s 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]

Notes of Decisions

Series violates Equal Protec­tion Clause under federal Constitu­tion because defined class is overinclusive and therefore not ra­tionally related to state purpose. Lee v. State of Oregon, 891 F. Supp. 1429 (D. Or. 1995)

United States Attorney General’s rule punishing physicians who issue prescrip­tions under Oregon Death with Dignity Act was invalid intrusion on right of state to determine legitimate medical practices. Oregon v. Ashcroft, 368 F3d 1118 (9th Cir. 2004)

Law Review Cita­tions

74 OLR 449 (1995); 31 WLR 601 (1995); 77 OLR 1027 (1998); 37 WLR 691 (2001); 81 OLR 505 (2002); 41 WLR 863 (2005); 43 WLR 399 (2007); 45 WLR 91, 137 (2008); 91 OLR 457 (2012)

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.