Or. Admin. Code § 411-390-0160

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

Section 411-390-0160 - Health Care Decisions

(1) INDIVIDUAL. An individual is entitled to make their own health care decisions unless the individual is determined to be incapable as defined in OAR 411-390-0120.

(2) GUARDIAN. For an individual who has a guardian with health care decision-making authority, the guardian has health care decision-making authority.

(3) HEALTH CARE REPRESENTATIVE. For an individual who has self-appointed a health care representative with an advance directive, the health care representative has health care decision-making authority as described in ORS 127.505 through 127.660.

(4) HEALTH CARE ADVOCATE. If an individual is determined to be incapable and does not have a health care representative or guardian with health care decision-making authority, the individual's individualized written service plan team may appoint a health care advocate.

(a) The health care advocate must be a capable adult willing to serve as a health care advocate.

(b) Except as may be allowed by court order, the following may not serve as the health care advocate appointed under these rules:

(A) The individual's attending physician or an employee of the attending physician or any other person providing care to the individual.

(B) The individual's parent whose parental rights are terminated.

(C) The individual's parent or guardian who, if at any time the individual was under the care, custody, or control of the parent or guardian, the court entered an order that placed the individual in the protective or legal custody of the Department and the individual was not returned to the care, custody, or control of the parent or guardian.

(D) An owner, operator, or employee of a health care facility in which the individual is a patient or resident, unless the health care advocate was appointed before the individual's admission to the facility.

(E) An owner, operator, or employee of a licensed, certified, or endorsed developmental disabilities services provider when the provider is paid to support the individual for whom a health care advocate is being appointed.

(F) An employee of a case management entity when the individual is receiving case management services from the entity.

(c) At least two-thirds of an individualized written service plan team, including the individual, must approve of the health care advocate.

(d) The appointment of a health care advocate is valid for up to one year but may be revoked as described in subsection (f) of this section.

(e) The appointment of a health care advocate is only valid when form 0496R is completed each year of the health care advocate's appointment.

(f) The appointment of a health care advocate may be revoked:

(A) By the individual, at any time, using any means of communication available.

(B) By the individualized written service plan team following a majority vote.

(g) A person who is willing and eligible to serve as an appointed health care advocate is required to complete Department-approved training prior to the appointment as a health care advocate and prior to making a health care decision for an individual.

Or. Admin. Code § 411-390-0160

APD 5-2020, adopt filed 02/25/2020, effective 3/1/2020; APD 52-2020, temporary amend filed 12/21/2020, effective 12/21/2020 through 06/18/2021; APD 19-2021, amend filed 06/07/2021, effective 6/10/2021

Statutory/Other Authority: ORS 127.765 & 409.050

Statutes/Other Implemented: ORS 127.765 & 409.010