to 127.654 are in addition to any requirements that may be imposed

127.646 to 127.654 are in addition to any requirements that may be imposed under federal law, but ORS 127.646 to 127.654 shall be interpreted in a fashion consistent with the Patient Self-Determination Act, enacted by sections 4206 and 4751 of Public Law 101-508. Nothing in ORS 127.646 to 127.654 requires any health care organization, or any employee or agent of a health care organization, to act in a manner inconsistent with federal law or contrary to individual religious or philosophical beliefs.

����� (2) No health care organization shall be subject to criminal prosecution or civil liability for failure to comply with ORS 127.646 to 127.654. [1991 c.761 �4]

(Previously Executed Advance Directives)

����� 127.658 Effect of ORS 127.505 to 127.660 on previously executed advance directives. (1) ORS 127.505 to 127.660 as enacted, the repeal of any statute that was a part of ORS 127.505 to 127.660 and subsequent amendments to the provisions of ORS 127.505 to 127.660 do not impair or supersede any advance directive, form appointing a health care representative or directive to physicians executed in accordance with:

����� (a) The provisions of ORS 127.505 to 127.660; or

����� (b) The provisions of ORS 127.505 to 127.660 or any other statute governing an advance directive, a form appointing a health care representative or a directive to physicians that was in effect on the date that the advance directive, the form appointing a health care representative or the directive to physicians was executed.

����� (2) An advance directive, a form appointing a health care representative or a directive to physicians executed before, on or after January 1, 2019, shall be governed by the provisions of ORS 127.505 to 127.660 or any other statute that is in effect on the date on which the advance directive, the form appointing a health care representative or the directive to physicians was executed. [1993 c.767 �23; 2018 c.36 �31; 2021 c.328 �8]

(Short Title)

����� 127.660 Short title. ORS 127.505 to 127.660 and 127.995 may be cited as the Oregon Health Care Decisions Act. [1993 c.767 �24]

PHYSICIAN ORDERS FOR LIFE-SUSTAINING

TREATMENT REGISTRY

����� 127.663 Definitions for ORS 127.663 to 127.684. As used in ORS 127.663 to 127.684:

����� (1) �Authorized user� means a person authorized by the Oregon Health Authority to provide information to or receive information from the POLST registry.

����� (2) �Life-sustaining treatment� means any medical procedure, pharmaceutical, medical device or medical intervention that maintains life by sustaining, restoring or supplanting a vital function. �Life-sustaining treatment� does not include routine care necessary to sustain patient cleanliness and comfort.

����� (3) �Naturopathic physician� has the meaning given the term in ORS 685.010.

����� (4) �Nurse practitioner� has the meaning given that term in ORS 678.010.

����� (5) �Physician� has the meaning given that term in ORS 677.010.

����� (6) �Physician associate� has the meaning given that term in ORS 677.495.

����� (7) �POLST� means a physician order for life-sustaining treatment signed by a physician, naturopathic physician, nurse practitioner or physician associate.

����� (8) �POLST registry� means the registry established in ORS 127.666. [2009 c.595 �1182; 2017 c.356 �13; 2024 c.73 �33]

����� 127.666 Establishment of registry; rules. (1) The Oregon Health Authority shall establish and operate a statewide registry for the collection and dissemination of physician orders for life-sustaining treatment to help ensure that medical treatment preferences for an individual nearing the end of the individual�s life are honored.

����� (2) The authority shall adopt rules for the registry, including but not limited to rules that:

����� (a) Require submission of the following documents to the registry, unless the patient has requested to opt out of the registry:

����� (A) A copy of each POLST;

����� (B) A copy of a revised POLST; and

����� (C) Notice of any known revocation of a POLST;

����� (b) Prescribe the manner for submitting information described in paragraph (a) of this subsection;

����� (c) Require the release of registry information to authorized users for treatment purposes;

����� (d) Authorize notification by the registry to specified persons of the receipt, revision or revocation of a POLST; and

����� (e) Establish procedures to protect the accuracy and confidentiality of information submitted to the registry.

����� (3) The authority may permit qualified researchers to access registry data. If the authority permits qualified researchers to have access to registry data, the authority shall adopt rules governing the access to data that shall include but need not be limited to:

����� (a) The process for a qualified researcher to request access to registry data;

����� (b) The types of data that a qualified researcher may be provided from the registry; and

����� (c) The manner by which a researcher must protect registry data obtained under this subsection.

����� (4) The authority may contract with a private or public entity to establish or maintain the registry, and such contract is exempt from the requirements of ORS chapters 279A, 279B and 279C. [2009 c.595 �1184]

����� 127.669 Oregon Health Authority not required to perform certain acts. Nothing in ORS 127.663 to 127.684 requires the Oregon Health Authority to:

����� (1) Prescribe the form or content of a POLST;

����� (2) Disseminate forms to be used for a POLST;

����� (3) Educate the public about POLSTs, generally; or

����� (4) Train health care providers about POLSTs. [2009 c.595 �1185]

����� 127.672 POLST not required; revocation. Nothing in ORS 127.663 to 127.684 is intended to require an individual to have a POLST or to require a health professional to authorize or execute a POLST. A POLST may be revoked at any time. [2009 c.595 �1183]

����� 127.675 [2009 c.595 �1186; 2011 c.703 �24; repealed by 2017 c.101 �49]

����� 127.678 Confidentiality. Except as provided in ORS 127.666, all information collected or developed by the POLST registry that identifies or could be used to identify a patient, health care provider or facility is confidential and is not subject to civil or administrative subpoena or to discovery in a civil action, including but not limited to a judicial, administrative, arbitration or mediation proceeding. [2009 c.595 �1188]

����� 127.681 Immunity from liability. Any person reporting information to the POLST registry or acting on information obtained from the POLST registry in good faith is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to the reporting of information to the POLST registry or acting on information obtained from the POLST registry. [2009 c.595 �1189]

����� 127.684 Short title. ORS 127.663 to 127.684 shall be known and may be cited as the Oregon POLST Registry Act. [2009 c.595 �1181]

NONOPIOID DIRECTIVE

����� 127.690 Nonopioid directive form; when administration of opioids authorized; rules. (1) As used in this section:

����� (a) �Emergency medical services provider� means a person practicing within the scope of the person�s license to practice as an emergency medical services provider under ORS chapter 682.

����� (b) �Health care advocate� has the meaning given that term in ORS 127.765.

����� (c) �Health care facility� has the meaning given that term in ORS 442.015.

����� (d) �Health care provider� has the meaning given that term in ORS 127.505.

����� (e) �Health care representative� has the meaning given that term in ORS 127.505.

����� (f) �Hospital� has the meaning given that term in ORS 442.015.

����� (g) �Skilled nursing facility� has the meaning given that term in ORS 442.015.

����� (2)(a) The Oregon Health Authority shall develop by rule a nonopioid directive form indicating to health care providers and emergency medical services providers that, except as otherwise provided in subsection (4) of this section or by rule, an individual who has executed the nonopioid directive form or who has had a nonopioid directive form executed on the individual�s behalf may not be administered an opioid or offered a prescription for an opioid.

����� (b) The authority shall include on the nonopioid directive form:

����� (A) A warning that execution of the nonopioid directive form may result in the individual having unrelieved or breakthrough pain that would otherwise be adequately managed with the use of an opioid;

����� (B) Instructions on how the form may be revoked; and

����� (C) Any other information that the authority considers relevant.

����� (c) The authority shall make the form available to the public electronically on the authority�s website.

����� (d) An individual may not be required to execute a nonopioid directive form as a condition for receiving health care services.

����� (e) Upon being presented with a nonopioid directive form, a physician or other health care provider shall make the form a part of the individual�s medical record.

����� (3)(a) An individual or an individual�s health care representative or health care advocate may execute a nonopioid directive form on the individual�s behalf.

����� (b) If a nonopioid directive form is executed by or on behalf of an individual and is presented to a health care provider, the health care provider shall make the nonopioid directive form a part of the individual�s medical record.

����� (c) A nonopioid directive form may be revoked:

����� (A) If the form was executed by the individual, by the individual at any time and in any manner by which the individual is able to communicate the individual�s intent to revoke the form;

����� (B) If the form was executed by the individual�s health care representative, by the health care representative at any time by issuing the revocation in writing and providing notice of the revocation to the individual�s health care provider; or

����� (C) If the form was executed by the individual�s health care advocate, by the health care advocate at any time by issuing the revocation in writing and providing notice of the revocation to the individual�s health care provider.

����� (4) A health care provider who is authorized to prescribe controlled substances may administer or direct the administration of an opioid to an individual who has executed a nonopioid directive form or who has had a nonopioid directive form executed on the individual�s behalf if:

����� (a) The individual is being treated at a hospital or in a setting outside of a hospital in the case of an emergency and, in the health care provider�s professional opinion, the administration of the opioid is medically necessary to treat the individual. If an opioid is administered under this paragraph, the health care provider shall ensure that the individual is provided with information on substance use disorder treatment and services as defined in ORS 414.780;

����� (b) The opioid is for intraoperative use; or

����� (c) The individual is being treated at a skilled nursing facility.

����� (5) The following are not subject to civil or criminal liability or professional disciplinary action for failing to administer, prescribe or dispense an opioid, or for the inadvertent administration of an opioid, to an individual who has executed a nonopioid directive form or who has had a nonopioid directive form executed on the individual�s behalf, if the failure to act or act was done in good faith:

����� (a) A health care provider whose scope of practice includes the prescribing, administering or dispensing of a controlled substance.

����� (b) A health care facility.

����� (c) An employee of a health care provider.

����� (d) An employee of a health care facility.

����� (e) Emergency medical services providers.

����� (6) The authority shall adopt rules to implement this section. The rules must include, but are not limited to, the following:

����� (a) Procedures to record a nonopioid directive form in a patient�s medical record.

����� (b) Procedures to revoke a nonopioid directive form.

����� (c) Procedures to ensure that the recording, disclosure or distribution of data relating to a nonopioid directive form or the transmission of a nonopioid directive form complies with state and federal confidentiality and consent laws, rules and regulations.

����� (d) Exemptions for administering or prescribing an opioid to an individual who has executed a nonopioid directive form or who has had a nonopioid directive form executed on the individual�s behalf if the opioid is administered or prescribed to treat the individual for a substance use disorder.

����� (e) Exemptions for administering or prescribing an opioid to an individual who has executed a nonopioid directive form or who has had a nonopioid directive form executed on the individual�s behalf if the individual is a hospice patient. [2025 c.154 �1]

DECLARATIONS FOR MENTAL HEALTH TREATMENT

����� 127.700 Definitions for ORS 127.700 to 127.737. As used in ORS 127.700 to 127.737:

����� (1) �Attending physician� shall have the same meaning as provided in ORS 127.505.

����� (2) �Attorney-in-fact� means an adult validly appointed under ORS 127.540, 127.700 to 127.737 and