Bill Text: OR HB2519 | 2013 | Regular Session | Introduced

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Bill Title: Relating to limitations on liability of persons providing volunteer services.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2519 Detail]

Download: Oregon-2013-HB2519-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 154

                         House Bill 2519

Sponsored by Representative THOMPSON (Presession filed.)

                             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.

  Modifies provisions limiting liability of health clinics,
volunteer health practitioners and volunteers providing outreach
services to homeless individuals.

                        A BILL FOR AN ACT
Relating to limitations on liability of persons providing
  volunteer services; creating new provisions; amending ORS
  413.246; and repealing ORS 30.792, 676.340 and 676.345 and
  section 2, chapter 41, Oregon Laws 2012.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Health clinic' means a public health clinic or a health
clinic that customarily provides primary physical health, dental
or mental health services to low-income patients without charge
or using a sliding fee scale based on the income of the patient.
  (b) 'Homeless individual' has the meaning given that term in 42
U.S.C. 11302, as in effect on the effective date of this 2013
Act.
  (c) 'Outreach services' means assessment and referral for
alcohol or other drug-related services and for housing,
financial, educational and related services.
  (d) 'Volunteer practitioner' means:
  (A) A person licensed by a health professional regulatory board
as defined in ORS 676.160 who is providing health care services:
  (i) Within the scope of the practitioner's license;
  (ii) Without compensation; and
  (iii) In connection with an organization that provides
charitable services.
  (B) A person providing outreach services without compensation
to homeless individuals or individuals at risk of becoming
homeless individuals.
  (2) A volunteer practitioner provides health care services or
outreach services without compensation for the purposes of this
section even though:
  (a) The practitioner requires payment of laboratory fees,
testing services and other out-of-pocket expenses.
  (b) The practitioner provides services at a health clinic that
receives compensation from the patient, as long as the
practitioner does not personally receive compensation for the
services.

  (c) The practitioner is reimbursed for travel expenses or the
cost of supplies.
  (3) Except as provided in subsection (6) of this section, a
person may not maintain an action against a volunteer
practitioner for any injury, death or other loss arising out of
the provision of health care services or outreach services,
unless the injury, death or other loss results from the gross
negligence of the volunteer practitioner.
  (4) A person may not maintain an action for damages against a
health clinic for health care services or outreach services
provided by a volunteer practitioner.
  (5) In any civil action in which a volunteer practitioner or
health clinic prevails based on the limitation on liability
provided by this section, the court shall award all reasonable
attorney fees incurred by the volunteer practitioner or health
clinic in defending the action.
  (6) Subsection (3) of this section does not apply to a person
operating a motor vehicle, vessel, aircraft or other vehicle for
which the person or owner of the motor vehicle, vessel, aircraft
or other vehicle is required to possess an operator's license or
to maintain insurance. + }
  SECTION 2.  { + ORS 30.792, 676.340 and 676.345 and section 2,
chapter 41, Oregon Laws 2012, are repealed. + }
  SECTION 3. ORS 413.246 is amended to read:
  413.246. The Oregon Health Authority, in consultation with the
appropriate professional and trade associations and licensing
boards, shall inform retired physicians and health care providers
regarding ORS 30.302 and   { - 30.792 - }  { +  section 1 of this
2013 Act + }.
  SECTION 4.  { + Section 1 of this 2013 Act and the repeal of
ORS 30.792, 676.340 and 676.345 and section 2, chapter 41, Oregon
Laws 2012, by section 2 of this 2013 Act apply to causes of
action that arise on or after the effective date of this 2013
Act. + }
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