ORS 127.855¹
Medical record documentation requirements

§3.09. Medical record documentation requirements. The following shall be documented or filed in the patient’s medical record:

(1) All oral requests by a patient for medication to end his or her life in a humane and dignified manner;

(2) All written requests by a patient for medication to end his or her life in a humane and dignified manner;

(3) The attending physician’s diagnosis and prognosis, determination that the patient is capable, acting voluntarily and has made an informed decision;

(4) The consulting physician’s diagnosis and prognosis, and verification that the patient is capable, acting voluntarily and has made an informed decision;

(5) A report of the outcome and determinations made during counseling, if performed;

(6) The attending physician’s offer to the patient to rescind his or her request at the time of the patient’s second oral request pursuant to ORS 127.840 (Written and oral requests); and

(7) A note by the attending physician indicating that all requirements under ORS 127.800 (Definitions) to 127.897 (Form of the request) have been met and indicating the steps taken to carry out the request, including a notation of the medication prescribed. [1995 c.3 §3.09]

§§ 127.800 (Definitions) to 127.897 (Form of the request)

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)

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.
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