ORS 127.535
Authority of health care representative

  • duties
  • objection by principal

(1)

A health care representative has the authority over the principal’s health care that the principal would have if the principal were not incapable, subject to the limitations of the appointment and ORS 127.540 (Limitations on authority of health care representative) and 127.580 (Presumption of consent to artificially administered nutrition and hydration). A health care representative who is known to a health care provider to be available to make health care decisions has priority over any person other than the principal to act for the principal with respect to health care decisions. A health care representative has authority to make a health care decision for a principal only when the principal is incapable.

(2)

A health care representative is not personally responsible for the cost of health care provided to the principal solely because the health care representative makes health care decisions for the principal.

(3)

Except to the extent that the right is limited by the appointment or by federal law or regulation, a health care representative for an incapable principal has the same right as the principal to receive information regarding the proposed health care, to receive and review medical records and to consent to the disclosure of medical records. The right of the health care representative to receive information as described in this section is not a waiver of any evidentiary privilege or any right to assert confidentiality with respect to others.

(4)

In making health care decisions, a health care representative has a duty to act consistently with the desires of the principal as expressed in the principal’s advance directive, or as otherwise made known by the principal to the health care representative. If the principal’s preferences are unknown, a health care representative has a duty to act in a manner that the health care representative in good faith believes to be in the best interests of the principal.

(5)

ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) do not authorize a health care representative or health care provider to withhold or withdraw life-sustaining procedures or artificially administered nutrition and hydration if the principal manifests an objection to the health care decision. If the principal objects to the health care decision, the health care provider shall proceed as though the principal is capable with respect to the health care decision.

(6)

An advance directive or form appointing a health care representative that would be valid except that the advance directive or form appointing a health care representative is expired, is not properly witnessed or otherwise fails to meet the formal requirements of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) shall constitute evidence of the patient’s desires and interests.

(7)

A health care representative is a personal representative for the purposes of ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) and the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164. [1989 c.914 §7; 1993 c.767 §9; 2005 c.53 §1; 2009 c.381 §§2,3; 2018 c.36 §13]

Source: Section 127.535 — Authority of health care representative; duties; objection by principal, https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html.

127.002
Definitions for ORS 127.005 to 127.045
127.005
When power of attorney in effect
127.015
Revocation of power of attorney
127.025
Authority under power of attorney recognizable regardless of date of execution
127.035
Limitations on liability of person reasonably relying on power of attorney
127.045
Duty of agent under power of attorney
127.505
Definitions for ORS 127.505 to 127.660
127.507
Capable adults may make own health care decisions
127.510
Appointment of health care representative and alternate health care representative
127.515
Execution
127.520
Persons not eligible to serve as health care representative
127.525
Acceptance of appointment
127.527
Form for appointing health care representative
127.529
Form of advance directive
127.532
Appointment
127.533
Duties
127.535
Authority of health care representative
127.540
Limitations on authority of health care representative
127.545
Revocation of advance directive or health care decision
127.550
Petition for judicial review of advance directives
127.555
Designation of attending physician or health care provider
127.560
Provisions not exclusive
127.565
Independent medical judgment of provider
127.570
Mercy killing
127.575
Instrument presumed valid
127.580
Presumption of consent to artificially administered nutrition and hydration
127.625
Providers under no duty to participate in withdrawal or withholding of certain health care
127.635
Withdrawal of life-sustaining procedures
127.640
Physician to determine that conditions met before withdrawing or withholding certain health care
127.642
Principal to be provided with certain care to insure comfort and cleanliness
127.646
Definitions for ORS 127.646 to 127.654
127.649
Health care organizations required to have written policies and procedures on providing information on patient’s right to make health care decisions
127.652
Time of providing information
127.654
Scope of requirement
127.658
Effect of ORS 127.505 to 127.660 on previously executed advance directives
127.660
Short title
127.663
Definitions for ORS 127.663 to 127.684
127.666
Establishment of registry
127.669
Oregon Health Authority not required to perform certain acts
127.672
POLST not required
127.678
Confidentiality
127.681
Immunity from liability
127.684
Short title
127.700
Definitions for ORS 127.700 to 127.737
127.702
Persons who may make declaration for mental health treatment
127.703
Required policies regarding mental health treatment rights information
127.705
Designation of attorney-in-fact for decisions about mental health treatment
127.707
Execution of declaration
127.710
Operation of declaration
127.712
Scope of authority of attorney-in-fact
127.715
Prohibitions against requiring person to execute or refrain from executing declaration
127.717
Declaration to be made part of medical record
127.720
Circumstances in which physician or provider may disregard declaration
127.722
Revocation of declaration
127.725
Limitations on liability of physician or provider
127.727
Persons prohibited from serving as attorney-in-fact
127.730
Persons prohibited from serving as witnesses to declaration
127.732
Withdrawal of attorney-in-fact
127.736
Form of declaration
127.737
Certain other laws applicable to declaration
127.760
Consent to health care services by person appointed by hospital
127.765
Health care advocate
127.800
§1.01. Definitions
127.805
§2.01. Who may initiate a written request for medication
127.810
§2.02. Form of the written request
127.815
§3.01. Attending physician responsibilities
127.820
§3.02. Consulting physician confirmation
127.825
§3.03. Counseling referral
127.830
§3.04. Informed decision
127.835
§3.05. Family notification
127.840
§3.06. Written and oral requests
127.845
§3.07. Right to rescind request
127.850
§3.08. Waiting periods
127.855
§3.09. Medical record documentation requirements
127.860
§3.10. Residency requirement
127.865
§3.11. Reporting requirements
127.870
§3.12. Effect on construction of wills, contracts and statutes
127.875
§3.13. Insurance or annuity policies
127.880
§3.14. Construction of Act
127.885
§4.01. Immunities
127.890
§4.02. Liabilities
127.892
Claims by governmental entity for costs incurred
127.895
§5.01. Severability
127.897
§6.01. Form of the request
127.995
Penalties
Green check means up to date. Up to date