(1) In accordance with public notice and stakeholder participation requirements prescribed by the Oregon Health Authority, the Advance Directive Advisory Committee established under ORS § 127.532 shall:

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(a) Advise the Legislative Assembly regarding the form of an advance directive to be used in this state;

(b) Review the form set forth in ORS § 127.529 not less than once every four years for the purpose of recommending changes to the form that the advisory committee determines are necessary; and

(c) Prepare written materials that provide information regarding advance directives to assist the public with completing the advance directive form.

(2) At a minimum, the form of an advance directive recommended under this section must contain the following elements:

(a) A statement about the purposes of the advance directive, including:

(A) A statement about the purpose of the principal’s appointment of a health care representative to make health care decisions for the principal if the principal becomes incapable;

(B) A statement about the priority of health care representative appointment in ORS § 127.635 (2) in the event the principal becomes incapable and does not have a valid health care representative appointment;

(C) A statement about the purpose of the principal’s expression of the principal’s values and beliefs with respect to health care decisions and the principal’s preferences for health care;

(D) A statement about the purpose of the principal’s expression of the principal’s preferences with respect to placement in a care home or a mental health facility;

(E) A statement that advises the principal that the advance directive allows the principal to document the principal’s preferences, but is not a POLST, as defined in ORS § 127.663;

(F) A statement that the information described in subsection (1)(c) of this section is available on the Oregon Health Authority’s website; and

(G) A statement explaining that the principal may attach supplementary material describing the principal’s treatment preferences to the advance directive and that any attached supplementary material will be considered a part of the advance directive, consistent with ORS § 127.505 (2)(b).

(b) A statement explaining the execution formalities under ORS § 127.515, including that, to be effective, the advance directive must be:

(A) Signed by the principal; and

(B) Either witnessed and signed by at least two adults or notarized.

(c) A statement explaining the acceptance formalities under ORS § 127.525, including that, to be effective, the appointment of a health care representative or an alternate health care representative must be accepted by the health care representative or the alternate health care representative.

(d) A statement explaining ORS § 127.545, including that the advance directive, once executed, supersedes any previously executed advance directive.

(e) The name, date of birth, address and other contact information of the principal.

(f) The name, address and other contact information of any health care representative or any alternate health care representative appointed by the principal.

(g) A section providing the principal with an opportunity to state the principal’s values and beliefs with respect to health care decisions, including the opportunity to describe the principal’s preferences, by completing a checklist, by providing instruction through narrative or other means, or by any combination of methods used to describe the principal’s preferences, regarding:

(A) When the principal wants all reasonably available health care necessary to preserve life and recover;

(B) When the principal wants all reasonably available health care necessary to treat chronic conditions;

(C) When the principal wants to specifically limit health care necessary to preserve life and recover, including artificially administered nutrition and hydration, cardiopulmonary resuscitation and transport to a hospital; and

(D) When the principal desires comfort care instead of health care necessary to preserve life.

(h) A section where the principal and the witnesses or notary may sign the advance directive, consistent with the execution formalities required under ORS § 127.515.

(i) A section where any health care representative or any alternate health care representative appointed by the principal may accept the appointment, consistent with the requirements under ORS § 127.525.

(3)(a) In recommending changes to the form of an advance directive under this section, the advisory committee shall use plain language, such as ‘tube feeding’ and ‘life support.’

(b) As used in this subsection:

(A) ‘Life support’ means life-sustaining procedures.

(B) ‘Tube feeding’ means artificially administered nutrition and hydration.

(4) In recommending changes to the form of an advance directive under this section, the advisory committee shall use the components of the form for appointing a health care representative and an alternate health care representative set forth in ORS § 127.527.

(5) The advisory committee shall submit a report detailing the advisory committee’s recommendations developed under this section on or before September 1 of an even-numbered year following the date on which the advisory committee finalizes the recommendations in the manner provided by ORS § 192.245 to an interim committee of the Legislative Assembly related to the judiciary. The interim committee shall consider the advisory committee’s recommendations submitted to the interim committee under this section.

(6) The Oregon Health Authority shall post the form of an advance directive set forth in ORS § 127.529 and the written materials described in subsection (1)(c) of this section on the authority’s website. [2018 c.36 § 3; 2021 c.328 § 3]

[2018 c.36 § 4; repealed by 2021 c.328 § 11]

(Effect of Executing Advance Directive)