ORS 127.625¹
Providers under no duty to participate in withdrawal or withholding of certain health care
  • duty of provider who is unwilling to participate

(1) No health care provider shall be under any duty, whether by contract, by statute or by any other legal requirement to participate in the withdrawal or withholding of life-sustaining procedures or of artificially administered nutrition or hydration.

(2) If a health care provider is unable or unwilling to carry out a health care instruction or the decisions of the health care representative, the following provisions apply:

(a) The health care provider shall promptly notify the health care representative, if there is a health care representative;

(b) If the authority or decision of the health care representative is in dispute, the health care representative or provider may seek the guidance of the court in the manner provided in ORS 127.550 (Petition for judicial review of advance directives);

(c) If the representative’s authority or decision is not in dispute, the representative shall make a reasonable effort to transfer the principal to the care of another physician or health care provider; and

(d) If there is no health care representative for an incapable patient, and the health care decisions are not in dispute, the health care provider shall, without abandoning the patient, either discharge the patient or make a reasonable effort to locate a different health care provider and authorize the transfer of the patient to that provider. [Formerly 97.070; 1993 c.767 §20]

Law Review Cita­tions

23 WLR 69, 70 (1987); 26 WLR 306 (1990); 71 OLR 909 (1992)

1 Legislative Counsel Committee, CHAPTER 127—Powers of Attorney; Advance Directives for Health Care; Declarations for Mental Health Treatment; Death with Dignity, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­127.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 127, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­127ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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. Currency Information