Bill Text: OR SB579 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to patient advocates; and declaring an emergency.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2011-06-24 - Effective date, June 23, 2011. [SB579 Detail]

Download: Oregon-2011-SB579-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 1857

                         Senate Bill 579

Sponsored by Senator JOHNSON

                             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.

  Allows hospital to appoint patient advocate to make health care
decisions on behalf of patient incapable of making health care
decisions.
  Declares emergency, effective on passage.

                        A BILL FOR 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) 'Incapable of making health care decisions' means that a
person's ability to receive and evaluate information effectively
or to communicate decisions is impaired to such an extent that
the person currently lacks the capacity to make decisions
regarding health care services to be provided for the person.
  (e) 'Medically confirmed' has the meaning given that term in
ORS 127.505.
  (f) 'Mental health treatment' means convulsive treatment,
treatment of mental illness with psychoactive medication,
admission to and retention in a health care facility for care or
treatment of mental illness, and related outpatient services.
  (2) A hospital may appoint a health care provider as a patient
advocate.
  (3) A patient advocate appointed by a hospital may give
informed consent to medically necessary health care services on
behalf of a patient admitted to the hospital in the best interest
of the patient if:
  (a) It has been medically confirmed that the patient is
incapable of making health care decisions;
  (b) The patient advocate has performed a reasonable search for
and is unable to locate 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; and
  (c) The patient advocate 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 not incapable of making
health care decisions, the hospital and the patient advocate
shall comply with those wishes.
  (5) A patient advocate may not consent to mental health
treatment on behalf of a patient.
  (6) If the patient advocate knows the patient's religious
preference, the patient advocate 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. + }
  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. + }
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