ORS 677.097¹
Procedure to obtain informed consent of patient

(1) In order to obtain the informed consent of a patient, a physician or physician assistant shall explain the following:

(a) In general terms the procedure or treatment to be undertaken;

(b) That there may be alternative procedures or methods of treatment, if any; and

(c) That there are risks, if any, to the procedure or treatment.

(2) After giving the explanation specified in subsection (1) of this section, the physician or physician assistant shall ask the patient if the patient wants a more detailed explanation. If the patient requests further explanation, the physician or physician assistant shall disclose in substantial detail the procedure, the viable alternatives and the material risks unless to do so would be materially detrimental to the patient. In determining that further explanation would be materially detrimental the physician or physician assistant shall give due consideration to the standards of practice of reasonable medical or podiatric practitioners in the same or a similar community under the same or similar circumstances. [1977 c.657 §1; 1983 c.486 §8; 2011 c.550 §8; 2013 c.129 §9]

Notes of Decisions

To demonstrate compliance with this sec­tion, expert testimony may be re­quired to es­tab­lish standard of practice of reasonable medical practi­tioner if patient requests further explana­tion of pro­ce­dures or treat­ment to be undertaken. Tiedemann v. Radia­tion Therapy Consultants, 299 Or 238, 701 P2d 440 (1985)

This sec­tion, setting forth steps physician shall follow in obtaining patient’s informed con­sent, was intended to codify and clarify common law. Zacher v. Petty, 312 Or 590, 826 P2d 619 (1992)

For “explana­tion” to be adequate, patient must be capable of understanding risks of, and alternatives to, treat­ment and capable of using in­for­ma­­tion in ra­tional decision-making process. Macy v. Blatchford, 330 Or 444, 8 P3d 204 (2000)

Law Review Cita­tions

71 OLR 909 (1992); 42 WLR 563 (2006)

Chapter 677

Atty. Gen. Opinions

Extent of grandfather right under 1969 Act amending barbers law, (1972) Vol 36, p 23; licensing require­ments for hospital technicians employed by state correc­tional facilities, (1987) Vol 45, p 188

1 Legislative Counsel Committee, CHAPTER 677—Regulation of Medicine, Podiatry and Acupuncture, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors677.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 677, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano677.­html (2019) (last ac­cessed May 16, 2020).
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