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 3112
 
                         House Bill 3232
 
Sponsored by Representative WHISNANT; Representatives BARKER,
  BOONE, ESQUIVEL, HUFFMAN, MATTHEWS, WITT, Senator BOQUIST
 
 
                             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 civil immunity for person providing medical, dental or
outreach services to homeless individuals if person has
registered as volunteer with nonprofit corporation and services
are provided without compensation. Excludes intentional torts and
acts or omissions constituting gross negligence.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to homeless individuals; and declaring an emergency.
  Whereas many veterans and other persons cannot obtain medical,
dental or other important services or benefits because of
homelessness or factors related to homelessness; and
  Whereas public resources are not adequate to provide medical,
dental and other outreach services to homeless veterans and other
homeless persons; and
  Whereas it is in the interest of this state to encourage
volunteers to provide services to homeless veterans and other
homeless persons; and
  Whereas the provision of medical, dental and other outreach
services by volunteers to homeless veterans and other homeless
persons can reduce emergency room visits and other use of
emergency services, and lower costs to and demands for those
services; and
  Whereas the threat of personal liability arising from the
provision of medical, dental and other outreach services to
homeless veterans and other homeless persons discourages
individuals from providing services on a volunteer basis; now,
therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Homeless individual' has the meaning given that term in 42
U.S.C. 11302, as in effect on the effective date of this 2011
Act.
  (b) 'Outreach services' includes, but is not limited to, case
management services such as assessment and referral for alcohol
or other drug-related services and for housing, financial,
educational and related services.
  (2) Except as provided in subsection (3) of this section, a
person providing medical, dental or outreach services to homeless
 
individuals is immune from civil liability for all acts or
omissions in providing the care if:
  (a) The person has registered as a volunteer with a nonprofit
corporation organized under the laws of this state that has as
one of its principal missions the provision of services to
homeless veterans or other homeless individuals; and
  (b) The services are provided without compensation from the
nonprofit organization, the homeless individual to whom services
are rendered or any other person.
  (3) This section does not apply to intentional torts or to acts
or omissions that constitute gross negligence. + }
  SECTION 2.  { + Section 1 of this 2011 Act applies only to acts
or omissions occurring on or after the effective date of this
2011 Act. + }
  SECTION 3.  { + 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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