OAR 333-027-0080: Advance Directives

(1) An agency shall maintain written policies and procedures, applicable to any person 18 years of age or older, or to any adult as defined under ORS 127.505, who is receiving health care by, or through, the agency relating to advance directives and appointing a health care representative. The policy shall include provisions for the education of agency personnel and the community on issues relating to advance directives. (2) An agency shall ensure that each patient receives the following information and materials, in written form, without recommendation: (a) Information on the rights of the individual under Oregon law to make health care decisions, including the right to accept or refuse medical treatment and the right to execute an advance directive or appoint a health care representative; (b) Information on the policies of the agency with respect to the implementation of the rights of the individual under Oregon law to make health care decisions; (c) A copy of the advance directive set forth in ORS chapter 127; and (d) The name of a person who can provide additional information concerning the forms for advance directives or appointing a health care representative. (3) An agency shall place documentation prominently in the patient's clinical record reflecting whether the patient has executed an advance directive or appointed a health care representative. (4) An agency shall provide the written information described in section (1) to the patient not later than 15 days after the initial provision of care by the agency, but in any event before discharge of the patient; (5) An agency need not furnish a copy of an advance directive to a patient or the patient's representative if it has reason to believe that the patient has received a copy of an advance directive in the form set forth in ORS chapter 127 within the preceding 12-month period or has previously executed an advance directive or a form appointing a health care representative.