Or. Admin. Code § 333-009-0000

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

Section 333-009-0000 - Definitions

For the purpose of OAR 333-009-0000 through 333-009-0030, the following definitions apply.

(1) "Act" means the "Oregon Death with Dignity Act" or Measure 16 as adopted by the voters on November 8, 1994.

(2) "Adult" means an individual who is 18 years of age or older.

(3) "Attending physician" means the physician who has primary responsibility for the care of the patient and treatment of the patient's terminal disease.

(4) "Authority" means the Oregon Health Authority.

(5) "Capable" means that in the opinion of a court or in the opinion of the patient's attending physician or consulting physician, psychiatrist or psychologist, a patient has the ability to make and communicate health care decisions to health care providers, including communication through persons familiar with the patient's manner of communicating, if those persons are available.

(6) "Consulting physician" means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient's disease.

(7) "Counseling" means one or more consultations as necessary between a state licensed psychiatrist or psychologist and a patient for the purpose of determining that the patient is capable and not suffering from a psychiatric or psychological disorder or depression causing impaired judgment.

(8) "Dispensing record" means a copy of the pharmacy dispensing record form.

(9) "Health care facility" shall have the meaning given in ORS 442.015.

(10) "Health care provider" means a person licensed, certified or otherwise authorized or permitted by the law of this state to administer health care or dispense medication in the ordinary course of business or practice of a profession and includes a health care facility.

(11) "Patient" means a person who is under the care of a physician.

(12) "Physician" means a doctor of medicine or osteopathy licensed to practice medicine by the Oregon Medical Board.

(13) "Qualified patient" means a capable adult who has satisfied the requirements of this Act in order to obtain a prescription for medication to end their life in a humane and dignified manner.

Or. Admin. Code § 333-009-0000

HD 15-1997(Temp), f. & cert. ef. 11-6-97; OHD 4-1998, f. & cert. ef. 5-4-98; OHD 12-1999, f. & cert. ef. 12-28-99; PH 24-2006, f. & cert. ef. 10-19-06; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11; PH 42-2023, amend filed 09/14/2023, effective 9/19/2023

Statutory/Other Authority: ORS 127.865

Statutes/Other Implemented: ORS 127.800-127.995