or other form of assisted suicide.

127.805 or other form of assisted suicide.

����� (f) Euthanasia.

����� (g) An experimental procedure, unless the procedure has been approved by an institutional review board and is determined by the treating physician to be in the best interest of the individual.

����� (h) An experimental drug that has not been approved for use by the United States Food and Drug Administration, unless the drug is part of an approved clinical trial and the individual�s treating physician has determined that it is in the best interest of the individual.

����� (i) The use of seclusion or physical or chemical restraints, unless an imminent risk of harm to the individual or others exists but only for as long as the imminent risk continues except in the case of an emergency.

����� (6) A health care advocate is appointed for a one-year term and may be reappointed as provided in subsection (3) of this section. The individualized service plan team may revoke the appointment of a health care advocate by a majority vote.

����� (7) A health care advocate may not disclose the contents of, and must maintain the confidentiality of, the individual�s health information, as required by state and federal laws.

����� (8) A health care decision by a health care advocate regarding a significant medical procedure or treatment must be approved by a majority of the individualized service plan team at an in-person meeting of the team at which the team considers and documents its consideration of:

����� (a) Alternatives to the procedure or treatment;

����� (b) Risks and benefits of the procedure or treatment;

����� (c) The anticipated impact of the procedure or treatment on the individual�s well-being;

����� (d) Any preferences in favor of or against the procedure or treatment communicated by the individual verbally or nonverbally; and

����� (e) Any additional information that is needed before making the decision.

����� (9) The individual must participate in the meeting described in subsection (8) of this section unless the individual declines to participate or is unable to participate due to the individual�s medical condition.

����� (10) An individualized service plan team must inform an individual of the team�s decision to seek a health care advocate for the individual prior to the appointment of the advocate.

����� (11) A health care advocate must inform an individual of all health care decisions made or considered by the advocate.

����� (12) An individual has the right to protest any health care decision made by a health care advocate. If the individual protests a health care decision by a health care advocate:

����� (a) The health care decision is revoked;

����� (b) The health care advocate�s authority is withdrawn with respect to the health care decision that is revoked under paragraph (a) of this subsection; and

����� (c) The individualized service plan team or the health care advocate shall notify the provider whose recommendation is the subject of the health care decision that is revoked under paragraph (a) of this subsection.

����� (13) The Department of Human Services shall ensure that appropriate training is made available to at least two members of the individual�s individualized service plan team before a health care advocate may be appointed for the individual.

����� (14) The department shall adopt rules necessary to carry out the provisions of this section. [2019 c.477 �1; 2021 c.97 �15]

THE OREGON

DEATH WITH DIGNITY ACT

(General Provisions)

(Section 1)

����� Note: The division headings, subdivision headings and leadlines for 127.800 to 127.890, 127.895 and 127.897 were enacted as part of Ballot Measure 16 (1994) and were not provided by Legislative Counsel.

����� 127.800 �1.01. Definitions. The following words and phrases, whenever used in ORS 127.800 to 127.897, have the following meanings:

����� (1) �Adult� means an individual who is 18 years of age or older.

����� (2) �Attending physician� means the physician who has primary responsibility for the care of the patient and treatment of the patient�s terminal disease.

����� (3) �Capable� means that in the opinion of a court or in the opinion of the patient�s attending physician or consulting physician, psychiatrist or psychologist, a patient has the ability to make and communicate health care decisions to health care providers, including communication through persons familiar with the patient�s manner of communicating if those persons are available.

����� (4) �Consulting physician� means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient�s disease.

����� (5) �Counseling� means one or more consultations as necessary between a state licensed psychiatrist or psychologist and a patient for the purpose of determining that the patient is capable and not suffering from a psychiatric or psychological disorder or depression causing impaired judgment.

����� (6) �Health care provider� means a person licensed, certified or otherwise authorized or permitted by the law of this state to administer health care or dispense medication in the ordinary course of business or practice of a profession, and includes a health care facility.

����� (7) �Informed decision� means a decision by a qualified patient, to request and obtain a prescription to end his or her life in a humane and dignified manner, that is based on an appreciation of the relevant facts and after being fully informed by the attending physician of:

����� (a) His or her medical diagnosis;

����� (b) His or her prognosis;

����� (c) The potential risks associated with taking the medication to be prescribed;

����� (d) The probable result of taking the medication to be prescribed; and

����� (e) The feasible alternatives, including, but not limited to, comfort care, hospice care and pain control.

����� (8) �Medically confirmed� means the medical opinion of the attending physician has been confirmed by a consulting physician who has examined the patient and the patient�s relevant medical records.

����� (9) �Patient� means a person who is under the care of a physician.

����� (10) �Physician� means a doctor licensed to practice medicine under ORS 677.100 to 677.228.

����� (11) �Qualified patient� means a capable adult who has satisfied the requirements of ORS