Bill Text: OR HB3019 | 2011 | Regular Session | Introduced

Oregon House Bill 3019 (Prior Session Legislation)

Introduced

Bill Title: Relating to volunteer health care providers.

Sponsorship: Partisan Bill (Republican 4)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3019 Detail]

Download: Oregon-2011-HB3019-Introduced.html



     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 1501

                         House Bill 3019

Sponsored by Representative THOMPSON; Representative KRIEGER

                             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.

  Expands immunity from liability for health care providers who
volunteer for charitable organizations.

                        A BILL FOR AN ACT
Relating to volunteer health care providers; creating new
  provisions; and amending ORS 30.792.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 30.792 is amended to read:
  30.792. (1) As used in this section:
  (a) 'Charitable   { - corporation - }  { +  organization + } '
 { - has the meaning given that term in ORS 128.620 - }  { +
means an organization organized for charitable purposes, as that
term is defined in ORS 128.801 + }.
  (b) 'Health care provider' means any person 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   { - corporation - }
 { + 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,
  { - no - }   { + a + } person may  { + not + } maintain an
action for damages against:
  (a) A health care provider who voluntarily provides to a
charitable   { - corporation - }   { + organization + } any
assistance, services or advice directly related to the charitable
purposes of the
  { - corporation - }   { + organization + } if the assistance,
services or advice are within the scope of the license of the
health care provider; 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   { - shall - }
 { + does + } not apply to:
  (a) Any person who receives compensation other than
reimbursement for expenses incurred by the person providing
 { - such - }  { + the + } assistance, services or advice.

  (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.
  (c) Any activity for which a person is otherwise strictly
liable without regard to fault.
  SECTION 2.  { + Section 1 of this 2011 Act applies to causes of
action that arise on or after the effective date of this 2011
Act. + }
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