OAR 411-390-0180: Authority and Responsibility of a Health Care Advocate

(1) When making a health care decision for an individual, a health care advocate must first consider any preference indicated by the individual by any means of communication (verbal or nonverbal) and attempt to make the decision that the individual may have made if capable. If this is not possible, the health care decision must be made in what the health care advocate believes to be in the individual's best interest. (2) A health care advocate must inform an individual and the individual’s case manager of all health care decisions made, or considered by, the health care advocate. (3) A health care advocate must consult with any other available surrogate decision-maker and an individual's attending physician to provide information with regards to the health care decision being made. (4) A health care advocate shall have all the authority over an individual's health care that the individual may have if not incapable, subject to the limitations of the health care advocate's appointment, these rules, and ORS 127.765. (5) A health care advocate is authorized to access the medical records necessary to make a health care decision. (6) A health care advocate may not disclose the contents of, and must maintain the confidentiality of, an individual’s health information, as required by state and federal laws.