163.206
Exceptions to criminal mistreatment.
ORS 163.200 and 163.205 do not apply:
(1) To a person
acting pursuant to a court order, an advance directive or a form for appointing
a health care representative pursuant to ORS 127.505 to 127.660 or a POLST, as
defined in ORS 127.663;
(2) To a person
withholding or withdrawing life-sustaining procedures or artificially
administered nutrition and hydration pursuant to ORS 127.505 to 127.660;
(3) When a
competent person refuses food, physical care or medical care;
(4) To a person
who provides an elderly person or a dependent person who is at least 18 years
of age with spiritual treatment through prayer from a duly accredited
practitioner of spiritual treatment as provided in ORS 124.095, in lieu of
medical treatment, in accordance with the tenets and practices of a recognized
church or religious denomination of which the elderly or dependent person is a
member or an adherent; or
(5) To a duly
accredited practitioner of spiritual treatment as provided in ORS 124.095. [1993
c.364 §3; 1995 c.79 §51; 1999 c.954 §5; 2009 c.595 §1190; 2011 c.291 §4; 2018
c.36 §28]
Note: 163.206 was enacted into law by
the Legislative Assembly but was not added to or made a part of ORS chapter 163
or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
Notes of Decisions
Cited in
3
cases, 1998–2013 · leading case:
State v. Bordeaux, 185 P.3d 524 (Or. Ct. App. 2008).
State v. Bordeaux, 185 P.3d 524 (Or. Ct. App. 2008).
· cites it 2× “205 — including with respect to the provision of medical attention — but reveals nothing of the legislature’s intent as to what conduct is definitively covered by the wording “withholds necessary and adequate * * * medical attention.” 8 Additionally, although language similar to…”
State v. Hays, 964 P.2d 1042 (Or. Ct. App. 1998).
· cites it 3× “ORS 163.206(4) provides that ORS 163.200 and ORS 163.”
State v. Beagley, 305 P.3d 147 (Or. Ct. App. 2013).
“The legislature, we observed, had enacted a statute, ORS 163.206(4), relieving a parent of his or her duty to provide needed medical care for purposes of prosecution for criminal mistreatment, but not with respect to prosecutions for criminal negligence.”
— Or. Rev. Stat. § 163.206(4) — 2 cases
State v. Hays, 964 P.2d 1042 (Or. Ct. App. 1998).
“ORS 163.206(4) provides that ORS 163.200 and ORS 163.”
State v. Beagley, 305 P.3d 147 (Or. Ct. App. 2013).
“The legislature, we observed, had enacted a statute, ORS 163.206(4), relieving a parent of his or her duty to provide needed medical care for purposes of prosecution for criminal mistreatment, but not with respect to prosecutions for criminal negligence.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.