apply to a declaration for mental health treatment. [1993 c.442 �17;

127.995 apply to a declaration for mental health treatment. [1993 c.442 �17; 2018 c.36 �22]

CONSENT TO HEALTH CARE

SERVICES BY PERSON OTHER

THAN HEALTH CARE REPRESENTATIVE

����� 127.760 Consent to health care services by person appointed by hospital; exceptions. (1) As used in this section:

����� (a) �Health care instruction� means a document executed by a patient to indicate the patient�s instructions regarding health care decisions.

����� (b) �Health care provider� means a person licensed, certified or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession.

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

����� (d) �Mental health treatment� means convulsive treatment, treatment of mental illness with psychoactive medication, psychosurgery, admission to and retention in a health care facility for care or treatment of mental illness, and related outpatient services.

����� (2)(a)(A) A hospital may appoint a health care provider who has received training in health care ethics, including identification and management of conflicts of interest and acting in the best interest of the patient, to give informed consent to medically necessary health care services on behalf of a patient admitted to the hospital in accordance with subsection (3) of this section.

����� (B) If a person appointed under subparagraph (A) of this paragraph is the patient�s attending physician or naturopathic physician licensed under ORS chapter 685, the hospital must also appoint another health care provider who meets the requirements of subparagraph (A) of this paragraph to participate in making decisions about giving informed consent to health care services on behalf of the patient.

����� (b) A hospital may appoint a multidisciplinary committee with ethics as a core component of the duties of the committee, or a hospital ethics committee, to participate in making decisions about giving informed consent to medically necessary health care services on behalf of a patient admitted to the hospital in accordance with subsection (3) of this section.

����� (3) A person appointed by a hospital under subsection (2) of this section may give informed consent to medically necessary health care services on behalf of and in the best interest of a patient admitted to the hospital if:

����� (a) In the medical opinion of the attending physician or naturopathic physician, the patient lacks the ability to make and communicate health care decisions to health care providers;

����� (b) The hospital has performed a reasonable search, in accordance with the hospital�s policy for locating relatives and friends of a patient, for a health care representative appointed under ORS 127.505 to 127.660 or an adult relative or adult friend of the patient who is capable of making health care decisions for the patient, including contacting social service agencies of the Oregon Health Authority or the Department of Human Services if the hospital has reason to believe that the patient has a case manager with the authority or the department, and has been unable to locate any person who is capable of making health care decisions for the patient; and

����� (c) The hospital has performed a reasonable search for and is unable to locate any health care instruction executed by the patient.

����� (4) Notwithstanding subsection (3) of this section, if a patient�s wishes regarding health care services were made known during a period when the patient was capable of making and communicating health care decisions, the hospital and the person appointed under subsection (2) of this section shall comply with those wishes.

����� (5) A person appointed under subsection (2) of this section may not consent on a patient�s behalf to:

����� (a) Mental health treatment;

����� (b) Sterilization;

����� (c) Abortion;

����� (d) Except as provided in ORS 127.635 (3), the withholding or withdrawal of life-sustaining procedures as defined in ORS 127.505; or

����� (e) Except as provided in ORS 127.580 (2), the withholding or withdrawal of artificially administered nutrition and hydration, as defined in ORS 127.505, other than hyperalimentation, necessary to sustain life.

����� (6) If the person appointed under subsection (2) of this section knows the patient�s religious preference, the person shall make reasonable efforts to confer with a member of the clergy of the patient�s religious tradition before giving informed consent to health care services on behalf of the patient.

����� (7) A person appointed under subsection (2) of this section is not a health care representative as defined in ORS 127.505. [2011 c.512 �1; 2017 c.356 �14; 2018 c.36 �23]

����� 127.765 Health care advocate; appointment; powers; limitations; term; approval of certain decisions; protest; training; rules. (1) As used in this section:

����� (a) �Attending physician� has the meaning given that term in ORS 127.505.

����� (b) �Developmental disability� has the meaning given that term in ORS 427.005.

����� (c) �Emergency treatment� means a procedure or treatment that, if delayed, is likely to:

����� (A) Place the health of the individual in serious jeopardy;

����� (B) Result in serious impairment to bodily functions; or

����� (C) Result in serious dysfunction of any bodily organ.

����� (d) �Health care advocate� means a person who is authorized to make health care decisions on behalf of an individual if the individual does not have a guardian or a health care representative.

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

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

����� (g) �Individual� means an individual with an intellectual or developmental disability who receives services pursuant to an individualized service plan.

����� (h) �Individualized service plan� has the meaning given that term in ORS 427.101.

����� (i) �Individualized service plan team� means a group consisting of:

����� (A) The individual;

����� (B) The individual�s legal or designated representative;

����� (C) The individual�s case manager; and

����� (D) Other individuals who may be chosen by the individual, such as care providers or family members.

����� (j) �Significant medical procedure� means any medical procedure that requires a hospital admission or the administration of general anesthesia in an outpatient setting.

����� (k) �Treating physician� means a physician who has primary responsibility for the care and treatment of an individual.

����� (2) An individualized service plan team may appoint a health care advocate for an individual whom a court or a treating physician has determined to be incapable of making health care decisions.

����� (3) A health care advocate must be a capable adult who is willing to serve as a health care advocate and who is approved by at least two-thirds of the individualized service plan team, including the individual, except that the following persons may not serve as a health care advocate:

����� (a) The individual�s attending physician or an employee of the attending physician or any other person providing care to the individual.

����� (b) A parent whose parental rights are terminated.

����� (c) A guardian if the guardianship is terminated.

����� (4) A health care advocate is authorized to access the health records of the individual and consult with the individual�s medical providers for the purpose of making health care decisions on behalf of the individual.

����� (5) A health care advocate may not make health care decisions on behalf of an individual with respect to any of the following:

����� (a) An action or procedure described in ORS 127.540 (1) to (4).

����� (b) Withholding or withdrawing of a life-sustaining procedure.

����� (c) Withholding or withdrawing artificially administered nutrition and hydration other than hyperalimentation.

����� (d) Testing for HIV, unless testing is necessary for obtaining treatment or care for the individual.

����� (e) A request for medication for the purpose of ending the individual�s life pursuant to ORS