HB 3080
Modifies provisions regarding who can act as a health care representative for an incapacitated person who has not appointed a health care representative or does not have an advance directive.
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Sign in to take actionPublic sentiment
Support
33%
Oppose
67%
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill expands who can make healthcare decisions for an incapacitated person who hasn't appointed a representative or doesn't have an advance directive. It allows a wider range of individuals, including a close friend, a relative, or someone who has shown special care, to serve as a health care representative. The bill also clarifies the process for appointing and accepting a health care representative and outlines specific restrictions on what decisions a representative can make, such as regarding certain treatments and life-sustaining procedures.
Key provisions
- Expands the pool of potential health care representatives to include close friends, relatives, and individuals who have provided special care.
- Requires a declaration from a potential health care representative outlining their familiarity with the principal and willingness to serve.
- Clarifies the order of priority for appointing a health care representative.
- Restricts the types of healthcare decisions a health care representative can make, particularly regarding treatments like convulsive treatment, psychosurgery, and certain life-sustaining procedures.
- Specifies that a health care representative must determine, in good faith, whether the principal would consent to a proposed treatment if capable.
- Addresses conflicts of interest and protects health care providers who rely on declarations from potential health care representatives.
- Establishes an advisory committee to review and recommend changes to the advance directive form.
- Requires the Oregon Health Authority to post the advance directive form and related materials on its website.
Sponsors
Official sponsors from legislative records.
Primary sponsors
Emerson Levy
Cosponsor
Arguments in favor
Reasons to support this legislation.
Supporters believe that expanding the list of individuals authorized to make healthcare decisions for incapacitated persons would facilitate timely decision-making that aligns with the individual's preferences and requirements. They argue that this expansion would prioritize the person's autonomy, dignity, and well-being by allowing more people to participate in care planning, thereby reducing the need for lengthy and potentially contentious court proceedings. By enabling a broader range of individuals to make critical healthcare decisions, supporters aim to ensure that incapacitated persons receive compassionate and responsive care that respects their unique needs and values.
Source: Testimony Summaries
Arguments opposed
Reasons to oppose this legislation.
Several HB 3080, citing concerns about the lack of stakeholder input and potential erosion of autonomy over decisions impacting one's body and healthcare. They argue that the legislation fails to adequately address these issues, leaving individuals vulnerable to abuse or harm if they are unable to make informed decisions for themselves. Additionally, some worries that the proposed law does not provide sufficient safeguards to protect those who may need health care decision-making authority, such as individuals with disabilities or those in end-of-life situations.
Source: Testimony Summaries