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Health Care Directives: Advance and Non Opioid Directives

OSPHD Rulemaking Activity

Information relating to rulemaking actions by the Office of the State Public Health Director section can be accessed below and includes information on current Rule Advisory Committees (RACs) in progress or recently completed, and information on how a person or community affected by our regulatory functions may apply to serve on a Rule Advisory Committee (RAC). RACs are an important process that allow members of the public and communities to provide input and suggestions during the development of new rules or amending current rules. 

The Oregon Health Authority (OHA), Public Health Division is proposing to permanently adopt administrative rules in chapter 333, division 271 relating to the execution of a non-opioid directive form. A non-opioid directive form is a method for an individual to communicate their wishes to not receive opioids for pain management and instead receive alternatives. The Oregon Health Plan (OHP) and other health insurance organizations have coverage for alternative pain management medications. There are specific exemptions for using opioid in medical situations including emergency, hospice and substance use disorder care.

These proposed administrative rules are in response to passage of HB 3211 (2025 Oregon Laws, chapter 154) and include the following:

- Recording and revoking form;
- Confidentiality and data handling;
- Exemptions; and
- Liability protections.

For more details, please see the Notice of Proposed Rulemaking, including the Statements of Need and Fiscal and Racial Equity Impacts, and the full text of the proposed rules at:  

You are invited to review and comment on the proposed rules. There are two (2) options to provide comment:

1.     You may provide oral (spoken) testimony during a public hearing scheduled on Tuesday, November 17, 2026, at 11:30 A.M. Pacific Time via video/phone conference using Microsoft Teams

  • To provide oral testimony during this hearing:
    • Join using the Meeting URL. You can also find the join link for the meeting in the Notice of Proposed Rulemaking under “Remote Meeting Details" using the “Meeting URL."
    • You may also contact the Public Health Division Rules Coordinator at publichealth.rules@odhsoha.oregon.gov to sign-up to give oral testimony and receive the link for the Microsoft Teams video conference via calendar appointment.
    • To join the hearing via phone (audio/listen only), you may dial 971-277-2343, phone conference ID 926 591 023#

2.     Written comments may be submitted before 5:00 P.M. Pacific Time on November 23, 2026:​

OHA, Public Health Division
Brittany Hall, Administrative Rules Coordinator
800 NE Oregon St. Suite 930
Portland, OR 97232

​​ * Comments sent by regular mail must be postmarked by 5:00 P.M. Pacific Time on November 23, 2026.

  • Send comments by fax to: 971-673-1299


    Final rules will be filed after consideration of all comments.

    If you have questions or would like a paper copy of the Notice of Proposed Rulemaking, please contact Victoria Demchak at victoria.m.demchak@oha.oregon.gov or 503-509-6915.

    Accessibility Statement: For individuals with disabilities or individuals who speak a language other than English, OHA can provide free help. Some examples are: sign language and spoken language interpreters, real-time captioning, braille, large print, audio, and written materials in other languages. If you need help with these services, please contact the Public Health Administrative Rules Coordinator at 971-673-1222, 711 TTY or publichealth.rules@odhsoha.oregon.gov at least 48 hours before the meeting. All relay calls are accepted. To best ensure our ability to provide a modification please contact us if you are considering attending the meeting and require a modification. The earlier you make a request the more likely we can meet the need.

The following rulemaking advisory committees (RACs) are either in the recruitment phase, currently active, or have been completed. RAC meetings are not subject to public meetings law. Members of the public may attend in person or virtually to listen to the dialogue but may not participate or offer public comment during the meeting. Members of the public may submit comments or questions at the conclusion of the RAC meeting to victoria.m.demchak@oha.oregon.gov and information will be shared with appropriate staff and RAC members. After the RAC process has concluded, information will be posted under "Proposed Rules Out for Public Comment" including time and location of public hearing and deadline for providing oral or written comments.​


Active Rulemaking Advisory Committees 


OAR 333-271- HB 3211, Nonopioid Directive RAC​​​

The Policy and Partnerships Section is convening this Rulemaking Advisory Committee (RAC) in response to passage of HB 3211 (2025 OL ch. 133). This RAC will review proposed rules and a form for an individual to state their wishes about non-opioid pain management options. To join this RAC, please contact victoria.m.demchak@oha.oregon.gov by September 24, 2026.  

Meeting date(s), agenda and meeting notes (the virtual meeting link can be found on the agenda)

Hearing:​

  • November 17, 2026

Office of the State Public Health Director Rulemaking Advisory Committee Community Participation ​
​
The Office of the State Public Health Director (OSPHD) section is seeking persons and communities who would be affected by administrative rules developed by OSPHD and who would be interested in serving on a rulemaking advisory committee (RAC).

RACs are an important process that allow members of the public and communities to provide input and suggestions during the development of new administrative rules, amending or repealing existing rules, and identifying the potential fiscal impact on small business as well as the effect on racial equity in Oregon. Diverse opinions and viewpoints are an important part of the rulemaking process.

Persons interested in serving on current RACs relating to any of these topics are encouraged to reach out to staff about pertinent rulemaking hearings. ​

Advance Directive Advisory Committee

The Advance Directive Advisory Committee (ADAC) provides guidance to the Oregon Health Authority on necessary revisions to Oregon’s Advance Directive form. The committee convened for the first time in 2019. The committee reviews the Advance Directive form every four years.


Oregon's Current Advance Directive Form 

During the 2021 session, the Oregon legislature passed Senate Bill 199 which included the amended Advance Directive Form. You do not have to use this specific form, but any form you use must be substantially the same.

Background

​​​​​​​​Oregon Revised Statute 127.505-127.635​ requires t​​he Oregon Health Auth​orit​y-Public Health Division to convene an Advance Directive Adoption Committee to:​​​

  1. Adopt the form of an Advance Directive to be used in this state
  2. Review the form every four years to adopt changes the committee determines necessary
  3. Submit the form to Legislature for ratification during an odd numbered year​​

Questions or Comments?​ Please email the Public Health Policy Team

​​

​​Related Topics​

​Physician Orders for Life-Sustaining Treatment (POLST)The Oregon POLST program is designed to assure that the medical treatment wishes expressed by the patient are honored by health care professionals as the patient moves from one health care setting to another. 


November 20, 2025 | 10:00 am - 12:00 pm
August 7, 2025 | 10:00 am - 12:00 pm
June 25, 2024 1:00 pm - 3:00 pm
  • Agenda: Review proposed changes to the Advance Directive form
January 18, 2024 8:30 am -  10:30 am
  • Agenda: Review proposed changes to the Advance Directive form
December 12, 2023 8:30 am -  10:30 am
  • Agenda: Review proposed changes to the Advance Directive form
September 12, 2023 9:00 am - 11:00 am
May 23, 2023 10:00 am - 12:00 pm
​​February 23, 2023 10:00 am - 12:00 pm


Name
ADAC Role
Stephanie E. Carter
Member of OSB estate planning and end of life decisions
Woody English, II, MD​​

​Health Care Provider with expertise in palliative or hospice care NOT employed by hospital or health care facility
Bill F. Hamilton
Health Care Consumer Representative
Christopher D. Hamilton
Member of OSB extensive experience in advance directive
Barb Hansen
Health Care Provider with expertise in palliative or hospice care
Jen Hopping-Winn
Hospital Representative
Nick Kockler, PhD, MS
Clinical Ethicist
Eriko Onishi
Primary Health Care Provider Representative
Under recruitment
Member of OSB extensive experience in health law
Fred B Steele, Jr.Long Term Care Ombudsman
Charina Walker
OHA Staff
Under recruitment
Represents individuals with disabilities