Signed by Governor Kate Brown

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the update of Oregon's advance directive forms to provide healthcare providers with more involvement in end of life patient care.

Highlights:

• Establishes the Advance Directive Adoption Committee within the division of the Oregon Health Authority for performing the public health functions of Oregon (Sec. 2).

• Requires the Advance Directive Adoption Committee to adopt the form of an advance directive for use in Oregon, and review the form at least once every 4 years (Sec. 3).

• Requires the Oregon Health Authority to post the form of an advance directive on their website (Sec. 3).

• Specifies that the advance directive must be ratified by the Legislative Assembly before taking effect (Sec. 4).

• Authorizes a principal to execute a temporary form in lieu of the final official form of an advance directive adopted on or before January 1, 2022 (Sec. 6).

• Authorizes a capable adult to designate in writing another competent adult to serve as attorney-in-fact and or an alternative attorney-in-fact for health care (Sec. 7).

• Authorizes a capable adult to use an advance directive to designate another competent adult as a health care representative and or an alternate health care representative for the original capable adult (Sec. 7).

• Specifies that a valid advance directive or a form appointing a health care representative has to be witnessed and signed by at least 2 adults, or notarized by a notary public (Sec. 8).

• Defines “advance directive” as (Sec. 9):

• a document executed by a principal containing:

• A form appointing a health care representative; and

• Instructions to the health care representative; and

• Any supplementary document or writing attached by the principal to the document.

• Defines “attorney-in-fact” as an adult appointed to make health care decisions for a principal under a power of attorney for health care, and includes an alternative attorney-in-fact (Sec. 9).

• Defines “health care representative” as (Sec. 9):

• A competent adult appointed to be a health care representative or an alternate health care representative; and

• A person who has authority to make health care decisions for a principal under the provisions. 

• Defines “health care decision” as consent, refusal of consent or withholding or withdrawal of consent to health care, and includes decisions relating to admission to or discharge from a health care facility (Sec. 9).

• Defines “principal” as (Sec. 9):

• An adult who has executed an advance directive;

• A person of any age who has a health care representative;

• A person for whom a health care representative is sought; or

• A person being evaluated for capability to whom a health care representative will be assigned if the person is determined to be incapable.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the update of Oregon's advance directive forms to provide healthcare providers with more involvement in end of life patient care.

Highlights:

• Establishes the Advance Directive Adoption Committee within the division of the Oregon Health Authority for performing the public health functions of Oregon (Sec. 2).

• Requires the Advance Directive Adoption Committee to adopt the form of an advance directive for use in Oregon, and review the form at least once every 4 years (Sec. 3).

• Requires the Oregon Health Authority to post the form of an advance directive on their website (Sec. 3).

• Specifies that the advance directive must be ratified by the Legislative Assembly before taking effect (Sec. 4).

• Authorizes a principal to execute a temporary form in lieu of the final official form of an advance directive adopted on or before January 1, 2022 (Sec. 6).

• Authorizes a capable adult to designate in writing another competent adult to serve as attorney-in-fact and or an alternative attorney-in-fact for health care (Sec. 7).

• Authorizes a capable adult to use an advance directive to designate another competent adult as a health care representative and or an alternate health care representative for the original capable adult (Sec. 7).

• Specifies that a valid advance directive or a form appointing a health care representative has to be witnessed and signed by at least 2 adults, or notarized by a notary public (Sec. 8).

• Defines “advance directive” as (Sec. 9):

• a document executed by a principal containing:

• A form appointing a health care representative; and

• Instructions to the health care representative; and

• Any supplementary document or writing attached by the principal to the document.

• Defines “attorney-in-fact” as an adult appointed to make health care decisions for a principal under a power of attorney for health care, and includes an alternative attorney-in-fact (Sec. 9).

• Defines “health care representative” as (Sec. 9):

• A competent adult appointed to be a health care representative or an alternate health care representative; and

• A person who has authority to make health care decisions for a principal under the provisions. 

• Defines “health care decision” as consent, refusal of consent or withholding or withdrawal of consent to health care, and includes decisions relating to admission to or discharge from a health care facility (Sec. 9).

• Defines “principal” as (Sec. 9):

• An adult who has executed an advance directive;

• A person of any age who has a health care representative;

• A person for whom a health care representative is sought; or

• A person being evaluated for capability to whom a health care representative will be assigned if the person is determined to be incapable.

Full Bill Text