Oregon Statutes 109.575 – Authority of relative caregiver to consent to medical treatment and educational services for minor child; liability for payment; expiration of authority
(1) A relative caregiver acting pursuant to an affidavit under ORS § 109.580 may consent to medical treatment and educational services for a minor child that a minor child cannot otherwise legally consent to if, after reasonable efforts have been made to obtain the consent of the legal parent or guardian to the treatment or services, the consent of the legal parent or guardian cannot be obtained.
Terms Used In Oregon Statutes 109.575
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) A relative caregiver providing consent under this section is liable to the health care provider or school for payment for any medical treatment or educational services provided to a minor child pursuant to the consent.
(3) The consent of a relative caregiver under this section shall be superseded by any contravening decision of the legal parent or guardian, provided the decision does not threaten the life, health or safety of the minor child.
(4) If the minor child stops living with the relative caregiver, the relative caregiver shall immediately notify any health care provider or school that has been given an affidavit under ORS § 109.580. The affidavit is invalid immediately upon receipt by the health care provider or school of the notice under this subsection.
(5) An affidavit under ORS § 109.580 expires one year after the date it is given to a health care provider or school by a relative caregiver. If the date the affidavit is given to a health care provider or school is unknown or uncertain, it shall expire one year after the date the relative caregiver signs the affidavit.
(6)(a) A health care provider or school may, but is not required to, rely on the representations or affidavit of a person claiming to be a relative caregiver if the health care provider or school does not have actual notice of the falsity of any of the statements or documentation made or provided by the person claiming to be a relative caregiver.
(b) Upon receipt of a valid affidavit as described in ORS § 109.580, a health care provider or school may, but is not required to, request documentation of a person’s claimed status as a relative caregiver and of attempts made to obtain the consent of the legal parent or guardian.
(7) A relative caregiver acting in good faith with reasonable grounds to provide consent for medical treatment or educational services pursuant to an affidavit under ORS § 109.580 is not subject to criminal or civil liability that might otherwise be incurred or imposed for giving consent to the medical treatment or educational services.
(8) Nothing in this section relieves a legal parent or guardian of liability for payment for medical treatment or educational services provided to a minor child pursuant to the valid consent of a relative caregiver under this section. [2013 c.231 § 3]
See note under 109.570.