Chapter 384 Oregon Laws 2003

AN ACT

HB 3361

Relating to persons licensed by Board of Medical Examiners; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) For the purposes of any civil action against a person licensed by the Board of Medical Examiners, any expression of regret or apology made by or on behalf of the person, including an expression of regret or apology that is made in writing, orally or by conduct, does not constitute an admission of liability for any purpose.

(2) A person who is licensed by the Board of Medical Examiners, or any other person who makes an expression of regret or apology on behalf of a person who is licensed by the Board of Medical Examiners, may not be examined by deposition or otherwise in any civil or administrative proceeding, including any arbitration or mediation proceeding, with respect to an expression of regret or apology made by or on behalf of the person, including expressions of regret or apology that are made in writing, orally or by conduct.

SECTION 2. (1) Except as provided in subsection (2) of this section, section 1 of this 2003 Act applies to all expressions of regret or apology, whether made before, on or after the effective date of this 2003 Act.

(2) Section 1 of this 2003 Act does not apply to any civil action in which a judgment was entered in the register of a circuit court before the effective date of this 2003 Act. Section 1 of this 2003 Act does not apply to any administrative proceeding in which a final order was entered before the effective date of this 2003 Act.

SECTION 3. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor June 16, 2003

Filed in the office of Secretary of State June 16, 2003

Effective date June 16, 2003

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