Oregon Code § 127.885·Enacted ·Last updated March 01, 2026
Statute Text
§4.01.
Immunities; basis for prohibiting health care provider from participation;
notification; permissible sanctions.
Except as provided in ORS 127.890:
(1) No person
shall be subject to civil or criminal liability or professional disciplinary
action for participating in good faith compliance with ORS 127.800 to 127.897.
This includes being present when a qualified patient takes the prescribed
medication to end his or her life in a humane and dignified manner.
(2) No
professional organization or association, or health care provider, may subject
a person to censure, discipline, suspension, loss of license, loss of
privileges, loss of membership or other penalty for participating or refusing
to participate in good faith compliance with ORS 127.800 to 127.897.
(3) No request by
a patient for or provision by an attending physician of medication in good
faith compliance with the provisions of ORS 127.800 to 127.897 shall constitute
neglect for any purpose of law or provide the sole basis for the appointment of
a guardian or conservator.
(4) No health
care provider shall be under any duty, whether by contract, by statute or by
any other legal requirement to participate in the provision to a qualified
patient of medication to end his or her life in a humane and dignified manner.
If a health care provider is unable or unwilling to carry out a patients
request under ORS 127.800 to 127.897, and the patient transfers his or her care
to a new health care provider, the prior health care provider shall transfer,
upon request, a copy of the patients relevant medical records to the new
health care provider.
(5)(a)
Notwithstanding any other provision of law, a health care provider may prohibit
another health care provider from participating in ORS 127.800 to 127.897 on
the premises of the prohibiting provider if the prohibiting provider has
notified the health care provider of the prohibiting providers policy
regarding participating in ORS 127.800 to 127.897. Nothing in this paragraph
prevents a health care provider from providing health care services to a
patient that do not constitute participation in ORS 127.800 to 127.897.
(b)
Notwithstanding the provisions of subsections (1) to (4) of this section, a
health care provider may subject another health care provider to the sanctions
stated in this paragraph if the sanctioning health care provider has notified
the sanctioned provider prior to participation in ORS 127.800 to 127.897 that
it prohibits participation in ORS 127.800 to 127.897:
(A) Loss of
privileges, loss of membership or other sanction provided pursuant to the
medical staff bylaws, policies and procedures of the sanctioning health care
provider if the sanctioned provider is a member of the sanctioning providers
medical staff and participates in ORS 127.800 to 127.897 while on the health
care facility premises, as defined in ORS 442.015, of the sanctioning health
care provider, but not including the private medical office of a physician or
other provider;
(B) Termination
of lease or other property contract or other nonmonetary remedies provided by
lease contract, not including loss or restriction of medical staff privileges
or exclusion from a provider panel, if the sanctioned provider participates in
ORS 127.800 to 127.897 while on the premises of the sanctioning health care
provider or on property that is owned by or under the direct control of the
sanctioning health care provider; or
(C) Termination
of contract or other nonmonetary remedies provided by contract if the
sanctioned provider participates in ORS 127.800 to 127.897 while acting in the
course and scope of the sanctioned providers capacity as an employee or
independent contractor of the sanctioning health care provider. Nothing in this
subparagraph shall be construed to prevent:
(i) A health care
provider from participating in ORS 127.800 to 127.897 while acting outside the
course and scope of the providers capacity as an employee or independent
contractor; or
(ii) A patient
from contracting with his or her attending physician and consulting physician
to act outside the course and scope of the providers capacity as an employee
or independent contractor of the sanctioning health care provider.
(c) A health care
provider that imposes sanctions pursuant to paragraph (b) of this subsection
must follow all due process and other procedures the sanctioning health care
provider may have that are related to the imposition of sanctions on another
health care provider.
(d) For purposes
of this subsection:
(A) Notify
means a separate statement in writing to the health care provider specifically
informing the health care provider prior to the providers participation in ORS
Plain English Explanation
This Oregon statute addresses §4.01.
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 127.885
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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