Bill Text: OR SB579 | 2011 | Regular Session | Enrolled
Bill Title: Relating to patient advocates; and declaring an emergency.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2011-06-24 - Effective date, June 23, 2011. [SB579 Detail]
Download: Oregon-2011-SB579-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 579
Sponsored by Senator JOHNSON, Representatives HOYLE, WEIDNER
CHAPTER ................
AN ACT
Relating to patient advocates; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (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, including an advance directive or power of
attorney for health care executed under ORS 127.505 to 127.660.
(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, 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, the
patient lacks the ability to make and communicate health care
decisions to health care providers;
Enrolled Senate Bill 579 (SB 579-B) Page 1
(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. + }
SECTION 2. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
----------
Enrolled Senate Bill 579 (SB 579-B) Page 2
Passed by Senate May 2, 2011
Repassed by Senate June 13, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 7, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 579 (SB 579-B) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 579 (SB 579-B) Page 4
