Or. Admin. Code § 411-390-0140

Current through Register Vol. 63, No. 12, December 1, 2024

Section 411-390-0140 - Limits on Rule

(1) These rules do not impair or supersede Oregon's existing laws relating to any of the following:

(a) Any requirement of notice to others of proposed health care.

(b) The standard of care required of a health care provider in the administration of health care.

(c) Whether consent is required for health care.

(d) The elements of informed consent for health care according to ORS 677.097 or other law.

(e) The provision of health care in an emergency.

(f) Any right a capable person may have to consent or withhold consent to health care administered in good faith pursuant to religious tenets of the person requiring health care.

(g) Delegation of health care decision-making to, or by, a health care representative.

(h) Any legal right or responsibility any person may have to affect the providing, withholding, or withdrawal of life-sustaining procedures including artificially administered nutrition and hydration in any lawful manner.

(i) Guardianship or conservatorship proceedings or appointments.

(j) Any right a person may otherwise have to make their own health care decisions, or to make a health care decision for another.

(2) In following the decision of a health care advocate, a health care provider shall exercise the same independent medical judgment that the health care provider may exercise in following the decisions of an individual if the individual were capable.

Or. Admin. Code § 411-390-0140

APD 5-2020, adopt filed 02/25/2020, effective 3/1/2020

Statutory/Other Authority: ORS 127.765 & 409.050

Statutes/Other Implemented: ORS 127.765