Title 127 · ORS Chapter 127

and 127.995 do not abolish or limit the civil or criminal liability of

Citation: ORS 127.660

Section: 127.660

127.660 and 127.995 do not abolish or limit the civil or criminal liability of a health care representative under other statutory or common law if the health care representative withholds or withdraws or directs the withholding or withdrawal of life-sustaining procedures or artificially administered nutrition and hydration when a principal is in a health condition other than those conditions described in ORS 127.540 (5)(b), 127.580 or 127.635 (1). [1989 c.914 �11; 1993 c.767 �15; 2011 c.149 �2]

����� 127.565 Independent medical judgment of provider; effect of advance directive on insurance. (1) In following an advance directive or the decision of a health care representative, a health care provider shall exercise the same independent medical judgment that the health care provider would exercise in following the decisions of the principal if the principal were capable.

����� (2) A person may not be required to execute or to refrain from executing an advance directive or to appoint or to refrain from appointing a health care representative as a condition for insurance. A health care provider may not condition the provision of health care or otherwise discriminate against an individual based on whether or not the individual has executed an advance directive or has appointed a health care representative.

����� (3) No existing or future policy of insurance is legally impaired or invalidated in any manner by actions taken under ORS 127.505 to 127.660. A person may not be discriminated against in premium or contract rates because of the existence or absence of an advance directive or appointment of a health care representative.

����� (4) Nothing in ORS 127.505 to 127.660 is intended to impair or supersede any conflicting federal statute. [1989 c.914 �12; 1993 c.767 �16; 2018 c.36 �17]

����� 127.570 Mercy killing; suicide. (1) Nothing in ORS 127.505 to 127.660 and 127.995 is intended to condone, authorize or approve mercy killing, or to permit an affirmative or deliberate act or omission to end life, other than to allow the natural process of dying. In making a health care decision, a health care representative may not consider an attempted suicide by the principal as any indication of the principal�s wishes with regard to health care.

����� (2) The withholding or withdrawing of a life-sustaining procedure or of artificially administered nutrition and hydration in accordance with the provisions of ORS 127.505 to 127.660 and 127.995 does not, for any purpose, constitute a suicide, assisting a suicide, mercy killing or assisted homicide. [1989 c.914 �14; 1993 c.767 �17]

����� 127.575 Instrument presumed valid. A health care provider has no duty to give effect to any instrument unless the provider has received a copy of the instrument. Health care providers are entitled to assume the validity and enforceability of an advance directive if the directive on its face is in compliance with ORS 127.505 to 127.660 and