or 127.635, the attending physician or attending health care provider

127.580 or 127.635, the attending physician or attending health care provider shall determine that the conditions of ORS 127.540, 127.580 and 127.635 have been met. [Formerly 97.084; 1993 c.767 �22; 2018 c.36 �20]

����� 127.642 Principal to be provided with certain care to insure comfort and cleanliness. Individuals caring for a principal from whom life-sustaining procedures or artificially administered nutrition and hydration are withheld or withdrawn shall provide care to insure comfort and cleanliness, including but not limited to the following:

����� (1) Oral and body hygiene.

����� (2) Reasonable efforts to offer food and fluids orally.

����� (3) Medication, positioning, warmth, appropriate lighting and other measures to relieve pain and suffering.

����� (4) Privacy and respect for the dignity and humanity of the principal. [1993 c.767 �11]

����� 127.645 [Formerly 97.085; repealed by 1993 c.767 �29]

(Requirements Imposed on Health Care

Organizations Relating to

Rights of Individuals to

Make Health Care Decisions)

����� 127.646 Definitions for ORS 127.646 to 127.654. As used in ORS 127.646 to 127.654:

����� (1) �Health care organization� means a home health agency, hospice program, hospital, long term care facility or health maintenance organization.

����� (2) �Health maintenance organization� has the meaning given that term in ORS 750.005, except that �health maintenance organization� includes only those organizations that participate in the federal Medicare or Medicaid programs.

����� (3) �Home health agency� has the meaning given that term in ORS 443.014.

����� (4) �Hospice program� has the meaning given that term in ORS 443.850.

����� (5) �Hospital� has the meaning given that term in ORS 442.015. �Hospital� does not include a special inpatient care facility.

����� (6) �Long term care facility� has the meaning given that term in ORS 442.015, except that �long term care facility� does not include an intermediate care facility for individuals with intellectual or developmental disabilities. [1991 c.761 �1; 2001 c.104 �38; 2009 c.595 �87; 2009 c.792 �30; 2017 c.707 �8]

����� 127.649 Health care organizations required to have written policies and procedures on providing information on patient�s right to make health care decisions. (1) Subject to the provisions of ORS 127.652 and 127.654, all health care organizations shall maintain written policies and procedures, applicable to each capable adult individual who receives health care by or through the health care organization, that provide for:

����� (a) Delivering to the individual the following information and materials, in written form, without recommendation:

����� (A) Information on the rights of the individual under the laws of this state to make health care decisions, including the right to accept or refuse medical or surgical treatment and the right to execute an advance directive or a form appointing a health care representative;

����� (B) Information on the policies of the health care organization with respect to the implementation of the rights of the individual under the laws of this state to make health care decisions;

����� (C) Materials necessary to execute an advance directive or a form appointing a health care representative; and

����� (D) The name of a person who can provide additional information concerning advance directives and forms appointing a health care representative.

����� (b) Documenting in a prominent place in the individual�s medical record whether the individual has executed an advance directive or a form appointing a health care representative.

����� (c) Ensuring compliance by the health care organization with the laws of this state governing advance directives and forms appointing a health care representative.

����� (d) Educating the staff and the community on issues relating to advance directives and forms appointing a health care representative.

����� (2) A health care organization does not need to deliver materials described in subsection (1)(a)(C) of this section if the health care organization has reason to believe that the individual has received materials described in subsection (1)(a)(C) of this section during the preceding 12-month period or has previously executed an advance directive or a form appointing a health care representative. [1991 c.761 �2; 1993 c.767 �26; 2018 c.36 �21]

����� 127.650 [Formerly 97.090; repealed by 1993 c.767 �29]

����� 127.652 Time of providing information. The written information described in ORS 127.649 (1) shall be provided:

����� (1) By hospitals, not later than five days after an individual is admitted as an inpatient, but in any event before discharge;

����� (2) By long term care facilities, not later than five days after an individual is admitted as a resident, but in any event before discharge;

����� (3) By a home health agency or a hospice program, not later than 15 days after the initial provision of care by the agency or program but in any event before ceasing to provide care; and

����� (4) By a health maintenance organization, not later than the time allowed under federal law. [1991 c.761 �3]

����� 127.654 Scope of requirement; limitation on liability for failure to comply. (1) The requirements of ORS