Oregon Revised Statutes Chapter 127 § 127.765 — Health

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