76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3399
 
                         House Bill 3139
 
Sponsored by COMMITTEE ON HEALTH CARE
 
 
                             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.
 
  Provides immunity from liability under certain circumstances
for pharmacists and optometrists providing services without
compensation.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to limitations on liability of volunteer health
  practitioners; creating new provisions; amending ORS 676.340
  and 676.345; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 676.340 is amended to read:
  676.340. (1) Notwithstanding any other provision of law, a
health practitioner described in subsection (7) of this section
who has registered under ORS 676.345 and who provides health care
services without compensation is not liable for any injury, death
or other loss arising out of the provision of those services,
unless the injury, death or other loss results from the gross
negligence of the health practitioner.
  (2) A health practitioner may claim the limitation on liability
provided by this section only if the patient receiving health
care services, or a person who has authority under law to make
health care decisions for the patient, signs a statement that
notifies the patient that the health care services are provided
without compensation and that the health practitioner may be held
liable for death, injury or other loss only to the extent
provided by this section. The statement required under this
subsection must be signed before the health care services are
provided.
  (3) A health practitioner may claim the limitation on liability
provided by this section only if the health practitioner obtains
the patient's informed consent for the health care services
before providing the services, or receives the informed consent
of a person who has authority under law to make health care
decisions for the patient.
  (4) A health practitioner provides health care services without
compensation for the purposes of subsection (1) of this section
even though the practitioner requires payment of laboratory fees,
testing services and other out-of-pocket expenses.
  (5) A health practitioner provides health care services without
compensation for the purposes of subsection (1) of this section
even though the practitioner provides services at a health clinic
that receives compensation from the patient, as long as the
health practitioner does not personally receive compensation for
the services.
  (6) In any civil action in which a health practitioner prevails
based on the limitation on liability provided by this section,
the court shall award all reasonable attorney fees incurred by
the health practitioner in defending the action.
  (7) This section applies only to:
  (a) A physician licensed under ORS 677.100 to 677.228;
  (b) A nurse licensed under ORS 678.040 to 678.101;
  (c) A nurse practitioner licensed under ORS 678.375 to 678.390;
  (d) A clinical nurse specialist certified under ORS 678.370 and
678.372;
  (e) A physician assistant licensed under ORS 677.505 to
677.525;
  (f) A dental hygienist licensed under ORS 680.010 to 680.205;
  { - and - }
  (g) A dentist licensed under ORS 679.060 to 679.180  { - . - }
 { + ;
  (h) A pharmacist licensed under ORS chapter 689; and
  (i) An optometrist licensed under ORS chapter 683. + }
  SECTION 2. ORS 676.345 is amended to read:
  676.345. (1) A health practitioner described in ORS 676.340 (7)
may claim the liability limitation provided by ORS 676.340 only
if the health practitioner has registered with a health
professional regulatory board in the manner provided by this
section. Registration under this section must be made:
  (a) By a physician or physician assistant, with the Oregon
Medical Board;
  (b) By a nurse, nurse practitioner or clinical nurse
specialist, with the Oregon State Board of Nursing;   { - and - }
 
  (c) By a dentist or dental hygienist, with the Oregon Board of
Dentistry  { - . - }  { + ;
  (d) By a pharmacist, with the State Board of Pharmacy; and
  (e) By an optometrist, with the Oregon Board of Optometry. + }
  (2) The health professional regulatory boards listed in
subsection (1) of this section shall establish a registration
program for the health practitioners who provide health care
services without compensation and who wish to be subject to the
liability limitation provided by ORS 676.340. All health
practitioners registering under the program must provide the
health professional regulatory board with:
  (a) A statement that the health practitioner will provide
health care services to patients without compensation, except for
reimbursement for laboratory fees, testing services and other
out-of-pocket expenses;
  (b) A statement that the health practitioner will provide the
notice required by ORS 676.340 (2) in the manner provided by ORS
676.340 (2) before providing the services; and
  (c) A statement that the health practitioner will only provide
health care services without compensation that are within the
scope of the health practitioner's license.
  (3) Registration under this section must be made annually.  The
health professional regulatory boards listed in subsection (1) of
this section shall charge no fee for registration under this
section.
  SECTION 3.  { + (1) The amendments to ORS 676.340 and 676.345
by sections 1 and 2 of this 2011 Act become operative on January
1, 2012.
  (2) The State Board of Pharmacy and the Oregon Board of
Optometry may take any action necessary before the operative date
specified in subsection (1) of this section to enable the boards
to exercise, on and after the operative date specified in
subsection (1) of this section, all the duties, functions and
 
powers conferred on the boards by the amendments to ORS 676.340
and 676.345 by sections 1 and 2 of this 2011 Act. + }
  SECTION 4.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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