Chapter 771 Oregon Laws 1999
Session Law
AN ACT
HB 2554
Relating to liability of
health practitioners.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) Notwithstanding any other provision of
law, a health practitioner described in subsection (7) of this section who has
registered under section 2 of this 1999 Act 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 physician assistant
registered under ORS 677.505 to 677.525;
(e) A dental hygienist
licensed under ORS 680.010 to 680.205; and
(f) A dentist licensed under
ORS 679.060 to 679.180.
SECTION 2. (1) A health practitioner described in
section 1 (7) of this 1999 Act may claim the liability limitation provided by
section 1 of this 1999 Act 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 Board of Medical Examiners;
(b) By a nurse or nurse
practitioner, with the Oregon State Board of Nursing; and
(c) By a dentist or dental
hygienist, with the Oregon Board of Dentistry.
(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 section 1 of this 1999 Act. 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 section 1 (2) of this
1999 Act in the manner provided by section 1 (2) of this 1999 Act 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 or registration.
(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. If
House Bill 2267 becomes law, section 1 of this 1999 Act is amended to read:
Sec. 1. (1)
Notwithstanding any other provision of law, a health practitioner described in
subsection (7) of this section who has registered under section 2 of this 1999
Act 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 physician assistant [registered] licensed under ORS 677.505 to 677.525;
(e) A dental hygienist licensed under ORS 680.010 to 680.205;
and
(f) A dentist licensed under ORS 679.060 to 679.180.
SECTION 4. If
House Bill 2267 becomes law, section 2 of this 1999 Act is amended to read:
Sec. 2. (1) A health
practitioner described in section 1 (7) of this 1999 Act may claim the
liability limitation provided by section 1 of this 1999 Act 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 Board of
Medical Examiners;
(b) By a nurse or nurse practitioner, with the Oregon State
Board of Nursing; and
(c) By a dentist or dental hygienist, with the Oregon Board of
Dentistry.
(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 section 1 of
this 1999 Act. 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 section 1 (2) of this 1999 Act in the manner provided by
section 1 (2) of this 1999 Act 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 [or
registration].
(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.
Approved by the Governor
July 19, 1999
Filed in the office of
Secretary of State July 19, 1999
Effective date October 23,
1999
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