74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1994
 
                         Senate Bill 655
 
Sponsored by Senators BATES, MORSE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Establishes Medical Malpractice Court. Specifies jurisdiction
of court. Provides that court has __ judges. Directs that judges
of court be nominated and elected in same manner as judges of
Court of Appeals and receive same compensation and benefits as
circuit court judges. Provides that procedures in court be same
as provided for circuit courts.
 
                        A BILL FOR AN ACT
Relating to Medical Malpractice Court.
  Whereas the resolution of disputes in cases involving medical
malpractice issues should be improved to assure litigants that
the process is equitable and just; and
  Whereas improving quality in these cases leads to efficient
allocation of judicial resources; and
  Whereas a Medical Malpractice Court would provide these
litigants with access to the courts and efficient resolution of
the disputes; and
  Whereas Medical Malpractice Courts should be created in
locations that provide accessible and efficient access to
justice, with appropriate consideration of the geographic
distribution of cases coming within the jurisdiction of the
Medical Malpractice Court and of the efficient allocation of
judicial resources; now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Medical Malpractice Court established. (1) A
Medical Malpractice Court is hereby established as a court of
limited jurisdiction pursuant to section 1, Article VII (Amended)
of the Oregon Constitution.
  (2) The Medical Malpractice Court, in all causes within its
jurisdiction, may grant legal and equitable relief so that all
matters in controversy between parties appearing before the court
may be completely determined.
  (3) The Medical Malpractice Court is a court of record.
Judgments of the Medical Malpractice Court may be appealed to the
Court of Appeals in the same manner as provided for appeals of
judgments of a circuit court. + }
  SECTION 2.  { + Court locations. (1) The Medical Malpractice
Court shall maintain permanent locations in Portland, Salem and
Eugene, and may hold sessions at other locations throughout the
state.
 
  (2) The State Court Administrator shall provide courtrooms,
chambers and offices for the Medical Malpractice Court at the
required permanent locations specified in this section and shall
arrange for courtrooms, chambers and offices or other appropriate
facilities at other locations throughout the state. + }
  SECTION 3.  { + Judges of Medical Malpractice Court. (1) There
are ___ judges of the Medical Malpractice Court.
  (2) A judge of the Medical Malpractice Court must be nominated
and elected in the same manner as provided for judges of the
Court of Appeals.
  (3) A judge of the Medical Malpractice Court shall receive
annual compensation, retirement benefits and other compensation
and benefits equal to those provided to a circuit court judge.
  (4) A judge of the Medical Malpractice Court may not engage in
the private practice of law or other gainful pursuit.
  (5) Except as specifically provided in sections 1 to 7 of this
2007 Act, all laws of this state applicable to circuit court
judges are applicable to judges of the Medical Malpractice
Court. + }
  SECTION 4.  { + Presiding judge; report. (1) The Chief Justice
of the Supreme Court shall assign one of the judges of the
Medical Malpractice Court to be the presiding judge of the
Medical Malpractice Court. The presiding judge shall, subject to
the supervision of the Chief Justice, be responsible for the
administration of the Medical Malpractice Court.
  (2) The presiding judge of the Medical Malpractice Court shall
submit an annual report to the Chief Justice. The report shall be
published by the State Court Administrator. The report shall
contain information and statistics for the previous calendar year
concerning the operation of the Medical Malpractice Court.  The
report may also contain recommendations by the presiding judge
regarding the clarification or revision of laws and rules
relating to medical malpractice and to practice and procedure in
the Medical Malpractice Court. + }
  SECTION 5.  { + Jurisdiction of Medical Malpractice Court. (1)
The Medical Malpractice Court has jurisdiction over every civil
action against the following health care providers that alleges
personal injury or death arising out of services rendered by a
health care provider while the provider was acting within the
scope of the license or certificate issued to the provider:
  (a) Emergency medical technicians certified by the Department
of Human Services under ORS chapter 682;
  (b) A health care facility as defined in ORS 442.015; and
  (c) Any person who is licensed or certified by:
  (A) The State Board of Examiners for Speech-Language Pathology
and Audiology;
  (B) The State Board of Chiropractic Examiners;
  (C) The State Board of Clinical Social Workers;
  (D) The Oregon Board of Licensed Professional Counselors and
Therapists;
  (E) The Oregon Board of Dentistry;
  (F) The Board of Examiners of Licensed Dietitians;
  (G) The State Board of Massage Therapists;
  (H) The Board of Naturopathic Examiners;
  (I) The Oregon State Board of Nursing;
  (J) The Board of Examiners of Nursing Home Administrators;
  (K) The Oregon Board of Optometry;
  (L) The State Board of Pharmacy;
  (M) The Board of Medical Examiners;
  (N) The Occupational Therapy Licensing Board;
  (O) The Physical Therapist Licensing Board;
  (P) The State Board of Psychologist Examiners;
  (Q) The Board of Radiologic Technology; or
  (R) The Oregon Health Licensing Agency.
 
 
  (2) In addition to the civil actions specified in subsection
(1) of this section, the Medical Malpractice Court has
jurisdiction over:
  (a) Any action in which the parties have agreed in writing that
any matter arising out of the agreement would be resolved in
Medical Malpractice Court;
  (b) Any dispute concerning medical malpractice liability
insurance; and
  (c) Any other medical malpractice dispute as provided by order
of the Chief Justice of the Supreme Court. + }
  SECTION 6.  { + Fees in Medical Malpractice Court. (1) The
filing fees and court costs for proceedings in the Medical
Malpractice Court are the same as provided for circuit courts.
  (2) No proceeding shall be heard by the Medical Malpractice
Court unless the required fees and costs are paid, deferred or
waived.
  (3) All filing fees and court costs collected in the Medical
Malpractice Court shall be payable to the State Court
Administrator and shall be treated in the same way as fees and
costs collected in circuit court. + }
  SECTION 7.  { + Procedure in Medical Malpractice Court. (1)
Proceedings in the Medical Malpractice Court are subject to the
Oregon Evidence Code and the Oregon Rules of Civil Procedure.
  (2) Except as provided in sections 1 to 7 of this 2007 Act, all
laws of this state relating to the procedures in circuit courts
apply to procedures in the Medical Malpractice Court. + }
  SECTION 8.  { + The section captions used in this 2007 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2007 Act. + }
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