Bill Text: OR HB2987 | 2013 | Regular Session | Introduced

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Bill Title: Relating to limitations on liability for health care provided without compensation; declaring an emergency.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2987 Detail]

Download: Oregon-2013-HB2987-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 2339

                         House Bill 2987

Sponsored by Representative WHISNANT; Representative THOMPSON

                             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 law relating to limitations on liability for health
care provided without compensation.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to limitations on liability for health care provided
  without compensation; creating new provisions; amending ORS
  30.792; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 30.792, as amended by section 1, chapter 41,
Oregon Laws 2012, is amended to read:
  30.792. (1) As used in this section:
  (a)(A) 'Charitable organization' means a charitable
organization, as defined in ORS 128.620, that  { - : - }
    { - (i) Spends at least 65 percent of its revenues on
charitable programs; and - }
    { - (ii) - }  has a financially secure source of recovery for
individuals who suffer harm as a result of actions taken by a
volunteer on behalf of the organization.
  (B) 'Charitable organization' does not include hospitals,
intermediate care facilities or long term care facilities, as
those terms are defined in ORS 442.015.
  (b) 'Health care provider' means an individual licensed in this
state as a practitioner of one or more healing arts as described
in ORS 31.740.
  (c) 'Health clinic' means a public health clinic or a health
clinic operated by a charitable organization that provides
primarily 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.
  (2) Except as provided in subsection (3) of this section, a
person may not maintain an action for damages against:
  (a) A health care provider who voluntarily provides assistance,
services or advice through a charitable organization if:
  (A) The assistance, services or advice that caused the damages
are within the scope of the license of the health care provider;
and
  (B) The health care provider was acting within the course and
scope of the provider's volunteer duties when the damages
occurred; or

  (b) A health clinic for the assistance, services or advice
provided by a health care provider described in paragraph (a) of
this subsection.
  (3) The immunity provided in this section does not apply to:
  (a) Any person who receives compensation other than
reimbursement for expenses incurred by the person providing the
assistance, services or advice described in subsection (2) of
this section.
    { - (b) A person operating a motor vehicle, vessel, aircraft
or other vehicle for which the person or owner of the vehicle,
vessel, aircraft or other vehicle is required to possess an
operator's license or to maintain insurance. - }
    { - (c) - }   { + (b) + } The liability of any person for
damages resulting from the person's gross negligence or from the
person's reckless, wanton or intentional misconduct.
    { - (d) - }   { + (c) + } Any activity for which a person is
otherwise strictly liable without regard to fault.
  SECTION 2.  { + The amendments to ORS 30.792 by section 1 of
this 2013 Act apply to causes of action that arise on or after
the effective date of this 2013 Act. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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