The following words and phrases, whenever used in ORS 127.800 to 127.897, have the following meanings:


(1) "Adult" means an individual who is 18 years of age or older.


(2) "Attending physician" means the physician who has primary responsibility
for the care of the patient and treatment of the patient's terminal disease.


(3) "Capable" means that in the opinion of a court
or in the opinion of the patient's attending physician
or consulting physician, psychiatrist or psychologist,
a patient has the ability to make and communicate health care decisions to health care providers,
including communication through persons familiar
with the patient's manner of communicating if those persons are available.


(4) "Consulting physician" means a physician who is qualified by specialty or experience
to make a professional diagnosis and prognosis regarding the patient's disease.


(5) "Counseling" means one or more consultations as necessary
between a state licensed psychiatrist or psychologist and a patient
for the purpose of determining that the patient is capable
and not suffering from a psychiatric or psychological disorder
or depression causing impaired judgment.


(6) "Health care provider" means a person
licensed, certified or otherwise authorized or permitted by the law of this state
to administer health care or dispense medication
in the ordinary course of business or practice of a profession,
and includes a health care facility.


(7) "Informed decision" means a decision by a qualified patient,
to request and obtain a prescription to end his or her life in a humane and dignified manner,
that is based on an appreciation of the relevant facts
and after being fully informed by the attending physician of:


(a) His or her medical diagnosis;


(b) His or her prognosis;


(c) The potential risks associated with taking the medication to be prescribed;


(d) The probable result of taking the medication to be prescribed; and


(e) The feasible alternatives, including, but not limited to,
comfort care, hospice care and pain control.


(8) "Medically confirmed" means the medical opinion of the attending physician
has been confirmed by a consulting physician
who has examined the patient and the patient's relevant medical records.


(9) "Patient" means a person who is under the care of a physician.


(10) "Physician" means a doctor of medicine or osteopathy
licensed to practice medicine by the Board of Medical Examiners for the State of Oregon.


(11) "Qualified patient" means a capable adult who is a resident of Oregon
and has satisfied the requirements of ORS 127.800 to 127.897
in order to obtain a prescription for medication
to end his or her life in a humane and dignified manner.


(12) "Terminal disease" means an incurable and irreversible disease
that has been medically confirmed
and will, within reasonable medical judgment,
produce death within six months. [1995 c.3 s.1.01; 1999 c.423 s.1]


(Written Request for Medication to End One's Life in a Humane and Dignified Manner)

(Section 2)


127.805 s.2.01. Who may initiate a written request for medication.

(1) An adult who is capable, is a resident of Oregon,
and has been determined by the attending physician and consulting physician
to be suffering from a terminal disease,
and who has voluntarily expressed his or her wish to die,
may make a written request for medication
for the purpose of ending his or her life in a humane and dignified manner
in accordance with ORS 127.800 to 127.897.


(2) No person shall qualify under the provisions of ORS 127.800 to 127.897
solely because of age or disability. [1995 c.3 s.2.01; 1999 c.423 s.2]


127.810 s.2.02. Form of the written request.

(1) A valid request for medication under ORS 127.800 to 127.897
shall be in substantially the form described in ORS 127.897,
signed and dated by the patient
and witnessed by at least two individuals who,
in the presence of the patient,
attest that to the best of their knowledge and belief
the patient is capable, acting voluntarily,
and is not being coerced to sign the request.


(2) One of the witnesses shall be a person who is not:


(a) A relative of the patient by blood, marriage or adoption;


(b) A person who at the time the request is signed
would be entitled to any portion of the estate
of the qualified patient upon death under any will or by operation of law; or


(c) An owner, operator or employee of a health care facility
where the qualified patient is receiving medical treatment or is a resident.


(3) The patient's attending physician at the time the request is signed shall not be a witness.


(4) If the patient is a patient in a long term care facility
at the time the written request is made,
one of the witnesses shall be an individual
designated by the facility and having the qualifications
specified by the Department of Human Services by rule. [1995 c.3 s.2.02]


(Safeguards)

(Section 3)


127.815 s.3.01.Attending physician responsibilities.

(1) The attending physician shall:


(a) Make the initial determination of whether a patient has a terminal disease,
is capable, and has made the request voluntarily;


(b) Request that the patient demonstrate Oregon residency pursuant to ORS 127.860;


(c) To ensure that the patient is making an informed decision, inform the patient of:


(A) His or her medical diagnosis;


(B) His or her prognosis;


(C) The potential risks associated with taking the medication to be prescribed;


(D) The probable result of taking the medication to be prescribed; and


(E) The feasible alternatives, including, but not limited to,
comfort care, hospice care and pain control;


(d) Refer the patient to a consulting physician for medical confirmation of the diagnosis,
and for a determination that the patient is capable and acting voluntarily;


(e) Refer the patient for counseling if appropriate pursuant to ORS 127.825;


(f) Recommend that the patient notify next of kin;


(g) Counsel the patient about the importance of having another person present
when the patient takes the medication prescribed pursuant to ORS 127.800 to 127.897
and of not taking the medication in a public place;


(h) Inform the patient that he or she has an opportunity
to rescind the request at any time and in any manner,
and offer the patient an opportunity to rescind
at the end of the 15 day waiting period pursuant to ORS 127.840;


(i) Verify, immediately prior to writing the prescription
for medication under ORS 127.800 to 127.897,
that the patient is making an informed decision;


(j) Fulfill the medical record documentation requirements of ORS 127.855;


(k) Ensure that all appropriate steps are carried out in accordance with ORS 127.800 to 127.897
prior to writing a prescription for medication
to enable a qualified patient to end his or her life in a humane and dignified manner; and


(L)(A) Dispense medications directly,
including ancillary medications intended to facilitate
the desired effect to minimize the patient's discomfort,
provided the attending physician is registered as a dispensing physician
with the Board of Medical Examiners,
has a current Drug Enforcement Administration certificate
and complies with any applicable administrative rule; or


(B) With the patient's written consent:


(i) Contact a pharmacist and inform the pharmacist of the prescription; and


(ii) Deliver the written prescription personally
or by mail to the pharmacist,
who will dispense the medications to either the patient,
the attending physician or an expressly identified agent of the patient.


(2) Notwithstanding any other provision of law,
the attending physician may sign the patient's death certificate. [1995 c.3 s.3.01; 1999 c.423 s.3]


127.820 s.3.02. Consulting physician confirmation.

Before a patient is qualified under ORS 127.800 to 127.897,
a consulting physician shall examine the patient and his or her relevant medical records
and confirm, in writing, the attending physician's diagnosis
that the patient is suffering from a terminal disease,
and verify that the patient is capable, is acting voluntarily
and has made an informed decision. [1995 c.3 s.3.02]


127.825 s.3.03. Counseling referral.

If in the opinion of the attending physician or the consulting physician
a patient may be suffering from a psychiatric or psychological disorder
or depression causing impaired judgment,
either physician shall refer the patient for counseling.
No medication to end a patient's life in a humane and dignified manner shall be prescribed
until the person performing the counseling determines that the patient is
not suffering from a psychiatric or psychological disorder
or depression causing impaired judgment. [1995 c.3 s.3.03; 1999 c.423 s.4]


127.830 s.3.04. Informed decision.

No person shall receive a prescription for medication
to end his or her life in a humane and dignified manner
unless he or she has made an informed decision as defined in ORS 127.800 (7).
Immediately prior to writing a prescription for medication under ORS 127.800 to 127.897,
the attending physician shall verify that the patient is making an informed decision. [1995 c.3 s.3.04]


127.835 s.3.05. Family notification.

The attending physician shall recommend that the patient
notify the next of kin of his or her request for medication pursuant to ORS 127.800 to 127.897.
A patient who declines or is unable to notify next of kin
shall not have his or her request denied for that reason. [1995 c.3 s.3.05; 1999 c.423 s.6]


127.840 s.3.06. Written and oral requests.

In order to receive a prescription for medication to end his or her life in a humane and dignified manner,
a qualified patient shall have made an oral request and a written request,
and reiterate the oral request to his or her attending physician
no less than fifteen (15) days after making the initial oral request.
At the time the qualified patient makes his or her second oral request,
the attending physician shall offer the patient an opportunity to rescind the request. [1995 c.3 s.3.06]


127.845 s.3.07. Right to rescind request.

A patient may rescind his or her request at any time and in any manner
without regard to his or her mental state.
No prescription for medication under ORS 127.800 to 127.897
may be written without the attending physician
offering the qualified patient an opportunity to rescind the request. [1995 c.3 s.3.07]


127.850 s.3.08. Waiting periods.

No less than fifteen (15) days shall elapse between the patient's initial oral request
and the writing of a prescription under ORS 127.800 to 127.897.
No less than 48 hours shall elapse between the patient's written request
and the writing of a prescription under ORS 127.800 to 127.897. [1995 c.3 s.3.08]


127.855 s.3.09. Medical record documentation requirements.

The following shall be documented or filed in the patient's medical record:


(1) All oral requests by a patient for medication to end his or her life in a humane and dignified manner;


(2) All written requests by a patient for medication to end his or her life in a humane and dignified manner;


(3) The attending physician's diagnosis and prognosis,
determination that the patient is capable, acting voluntarily and has made an informed decision;


(4) The consulting physician's diagnosis and prognosis,
and verification that the patient is capable, acting voluntarily and has made an informed decision;


(5) A report of the outcome and determinations made during counseling, if performed;


(6) The attending physician's offer to the patient
to rescind his or her request
at the time of the patient's second oral request pursuant to ORS 127.840; and


(7) A note by the attending physician indicating that all requirements under ORS 127.800 to 127.897
have been met and indicating the steps taken to carry out the request,
including a notation of the medication prescribed. [1995 c.3 s.3.09]


127.860 s.3.10. Residency requirement.

Only requests made by Oregon residents under ORS 127.800 to 127.897 shall be granted.
Factors demonstrating Oregon residency include but are not limited to:


(1) Possession of an Oregon driver license;


(2) Registration to vote in Oregon;


(3) Evidence that the person owns or leases property in Oregon; or


(4) Filing of an Oregon tax return for the most recent tax year. [1995 c.3 s.3.10; 1999 c.423 s.8]


127.865 s.3.11. Reporting requirements.

(1)(a) The Health Services shall annually review
a sample of records maintained pursuant to ORS 127.800 to 127.897.


(b) The division shall require any health care provider
upon dispensing medication pursuant to ORS 127.800 to 127.897
to file a copy of the dispensing record with the division.


(2) The Health Services shall make rules
to facilitate the collection of information regarding compliance with ORS 127.800 to 127.897.
Except as otherwise required by law,
the information collected shall not be a public record
and may not be made available for inspection by the public.


(3) The division shall generate and make available to the public
an annual statistical report of information collected under subsection (2) of this section.
[1995 c.3 s.3.11; 1999 c.423 s.9]


127.870 s.3.12. Effect on construction of wills, contracts and statutes.

(1) No provision in a contract, will or other agreement, whether written or oral,
to the extent the provision would affect whether a person
may make or rescind a request for medication
to end his or her life in a humane and dignified manner, shall be valid.


(2) No obligation owing under any currently existing contract
shall be conditioned or affected by the making or rescinding of a request, by a person,
for medication to end his or her life in a humane and dignified manner. [1995 c.3 s.3.12]


127.875 s.3.13. Insurance or annuity policies.

The sale, procurement, or issuance of any life, health, or accident insurance or annuity policy
or the rate charged for any policy shall not be conditioned upon or affected by
the making or rescinding of a request, by a person,
for medication to end his or her life in a humane and dignified manner.
Neither shall a qualified patient's act of ingesting medication
to end his or her life in a humane and dignified manner
have an effect upon a life, health, or accident insurance or annuity policy. [1995 c.3 s.3.13]


127.880 s.3.14. Construction of Act.

Nothing in ORS 127.800 to 127.897 shall be construed
to authorize a physician or any other person to end a patient's life
by lethal injection, mercy killing or active euthanasia.
Actions taken in accordance with ORS 127.800 to 127.897
shall not, for any purpose, constitute suicide, assisted suicide,
mercy killing or homicide, under the law. [1995 c.3 s.3.14]


(Immunities and Liabilities)

(Section 4)


127.885 s.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 patient's 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 patient's 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 provider's 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 provider's 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 provider's 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 provider's 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 provider's 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 provider's participation in ORS 127.800 to 127.897
of the sanctioning health care provider's policy
about participation in activities covered by ORS 127.800 to 127.897.


(B) "Participate in ORS 127.800 to 127.897" means
to perform the duties of an attending physician pursuant to ORS 127.815,
the consulting physician function pursuant to ORS 127.820
or the counseling function pursuant to ORS 127.825.
"Participate in ORS 127.800 to 127.897" does not include:


(i) Making an initial determination that a patient has a terminal disease
and informing the patient of the medical prognosis;


(ii) Providing information about the Oregon Death with Dignity Act
to a patient upon the request of the patient;


(iii) Providing a patient, upon the request of the patient,
with a referral to another physician; or


(iv) A patient contracting with his or her attending physician and consulting physician
to act outside of the course and scope of the provider's capacity
as an employee or independent contractor of the sanctioning health care provider.


(6) Suspension or termination of staff membership or privileges
under subsection (5) of this section is not reportable under ORS 441.820.
Action taken pursuant to ORS 127.810, 127.815, 127.820 or 127.825
shall not be the sole basis for a report of unprofessional or dishonorable conduct under ORS 677.415 (2) or (3).


(7) No provision of ORS 127.800 to 127.897 shall be construed
to allow a lower standard of care for patients in the community
where the patient is treated or a similar community. [1995 c.3 s.4.01; 1999 c.423 s.10]

Note: As originally enacted by the people, the leadline to section 4.01 read "Immunities."
The remainder of the leadline was added by editorial action.


127.890 s.4.02. Liabilities.

(1) A person who without authorization of the patient
willfully alters or forges a request for medication
or conceals or destroys a rescission of that request
with the intent or effect of causing the patient's death
shall be guilty of a Class A felony.


(2) A person who coerces or exerts undue influence
on a patient to request medication for the purpose of ending the patient's life,
or to destroy a rescission of such a request, shall be guilty of a Class A felony.


(3) Nothing in ORS 127.800 to 127.897 limits further liability for civil damages
resulting from other negligent conduct or intentional misconduct by any person.


(4) The penalties in ORS 127.800 to 127.897 do not preclude
criminal penalties applicable under other law for conduct
which is inconsistent with the provisions of ORS 127.800 to 127.897. [1995 c.3 s.4.02]


127.892 Claims by governmental entity for costs incurred.

Any governmental entity that incurs costs resulting from a person terminating his or her life
pursuant to the provisions of ORS 127.800 to 127.897 in a public place
shall have a claim against the estate of the person to recover such costs
and reasonable attorney fees related to enforcing the claim. [1999 c.423 s.5a]


(Severability)

(Section 5)


127.895 s.5.01. Severability.

Any section of ORS 127.800 to 127.897 being held invalid as to any person or circumstance
shall not affect the application of any other section of ORS 127.800 to 127.897
which can be given full effect without the invalid section or application. [1995 c.3 s.5.01]


(Form of the Request)

(Section 6)


127.897 s.6.01. Form of the request.

A request for a medication as authorized by ORS 127.800 to 127.897 shall be in substantially the following form:

REQUEST FOR MEDICATION

TO END MY LIFE IN A HUMANE

AND DIGNIFIED MANNER

DECLARATION OF WITNESSES

[Formerly part of 97.990; repealed by 1993 c.767 s.29]


127.995 Penalties.

(1) It shall be a Class A felony for a person without authorization of the principal
to willfully alter, forge, conceal or destroy an instrument, the reinstatement or revocation of an instrument
or any other evidence or document reflecting the principal's desires and interests,
with the intent and effect of causing a withholding or withdrawal of life-sustaining procedures
or of artificially administered nutrition and hydration which hastens the death of the principal.


(2) Except as provided in subsection (1) of this section,
it shall be a Class A misdemeanor for a person without authorization of the principal
to willfully alter, forge, conceal or destroy an instrument, the reinstatement or revocation of an instrument,
or any other evidence or document reflecting the principal's desires and interests
with the intent or effect of affecting a health care decision. [Formerly 127.585]

__________