Bill Text: OR SB51 | 2011 | Regular Session | Introduced

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Bill Title: Relating to dementia.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB51 Detail]

Download: Oregon-2011-SB51-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 809

                         Senate Bill 51

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor John A. Kitzhaber
  for Department of Human Services)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Makes permanent provisions allowing health care representative
to consent to hospitalization of principal for treatment of
behavior caused by dementia.

                        A BILL FOR AN ACT
Relating to dementia; amending ORS 127.535; and repealing section
  4, chapter 381, Oregon Laws 2009.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 127.535, as amended by section 3, chapter 381,
Oregon Laws 2009, is amended to read:
  127.535. (1) The health care representative has all the
authority over the principal's health care that the principal
would have if not incapable, subject to the limitations of the
appointment and ORS 127.540 and 127.580. A health care
representative who is known to the health care provider to be
available to make health care decisions has priority over any
person other than the principal to act for the principal in all
health care decisions. A health care representative has authority
to make a health care decision for a principal only when the
principal is incapable.
  (2) A health care representative is not personally responsible
for the cost of health care provided to the principal solely
because the health care representative makes health care
decisions for the principal.
  (3) Except to the extent the right is limited by the
appointment or any federal law, a health care representative for
an incapable principal has the same right as the principal to
receive information regarding the proposed health care, to
receive and review medical records and to consent to the
disclosure of medical records. The right of the health care
representative to receive this information is not a waiver of any
evidentiary privilege or any right to assert confidentiality with
respect to others.
  (4) In making health care decisions, the health care
representative has a duty to act consistently with the desires of
the principal as expressed in the principal's advance directive,
or as otherwise made known by the principal to the health care
representative at any time. If the principal's desires are
unknown, the health care representative has a duty to act in what
the health care representative in good faith believes to be the
best interests of the principal.
  (5) ORS 127.505 to 127.660 do not authorize a health care
representative or health care provider to withhold or withdraw
life-sustaining procedures or artificially administered nutrition
and hydration in any situation if the principal manifests an
objection to the health care decision. If the principal objects
to such a health care decision, the health care provider shall
proceed as though the principal were capable for the purposes of
the health care decision objected to.
   { +  (6) Notwithstanding ORS 127.540, a health care
representative has authority to consent to hospitalization of the
principal for a period not to exceed 18 days for treatment of
behavior caused by dementia. + }
    { - (6) - }   { + (7) + } An instrument that would be a valid
advance directive except that the instrument is not a form
described in ORS 127.515, has expired, is not properly witnessed
or otherwise fails to meet the formal requirements of ORS 127.505
to 127.660 shall constitute evidence of the patient's desires and
interests.
    { - (7) - }   { + (8) + } A health care representative is a
personal representative for the purposes of ORS 192.518 to
192.529 and the federal Health Insurance Portability and
Accountability Act privacy regulations, 45 C.F.R. parts 160 and
164.
  SECTION 2.  { + Section 4, chapter 381, Oregon Laws 2009, is
repealed. + }
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