Bill Text: OR HB3662 | 2011 | Regular Session | Introduced
Bill Title: Relating to limitations on liability of persons providing services without compensation; declaring an emergency.
Spectrum: Moderate Partisan Bill (Republican 22-5)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3662 Detail]
Download: Oregon-2011-HB3662-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 4145
House Bill 3662
Sponsored by Representatives WHISNANT, THOMPSON, BARKER, Senators
BOQUIST, MONNES ANDERSON; Representatives BERGER, BREWER,
CONGER, ESQUIVEL, FREEMAN, GILLIAM, GREENLICK, HUFFMAN,
JOHNSON, KENNEMER, KRIEGER, MATTHEWS, MCLANE, OLSON, PARRISH,
SHEEHAN, SPRENGER, THATCHER, WAND, WEIDNER, WINGARD, WITT
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 provider who
provides services for charitable organization without
compensation.
Provides immunity from liability for person providing outreach
services, without compensation, to homeless individuals or
individuals at risk of becoming homeless individuals under
certain circumstances.
Provides immunity from liability for pharmacists and
optometrists providing services without compensation under
certain circumstances.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to limitations on liability of persons providing
services without compensation; creating new provisions;
amending ORS 30.792, 676.340 and 676.345; and declaring an
emergency.
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. { + (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)(A) '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.
(B) 'Outreach services' does not include medical or dental
services provided by a health practitioner who may register with
a health professional regulatory board to claim a liability
limitation under ORS 676.340 and 676.345.
(2) Except as provided in subsection (3) of this section, a
person providing outreach services to homeless individuals or
individuals at risk of becoming 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 individuals or individuals at risk of becoming homeless
individuals; and
(b) The services are provided without compensation from the
nonprofit corporation, the 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 3. ORS 676.340 is amended to read:
676.340. (1) Notwithstanding any other provision of law, a
health practitioner described in subsection (7) of this section
who has registered under ORS 676.345 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 clinical nurse specialist certified under ORS 678.370 and
678.372;
(e) A physician assistant licensed under ORS 677.505 to
677.525;
(f) A dental hygienist licensed under ORS 680.010 to 680.205;
{ - and - }
(g) A dentist licensed under ORS 679.060 to 679.180 { - . - }
{ + ;
(h) A pharmacist licensed under ORS chapter 689; and
(i) An optometrist licensed under ORS chapter 683. + }
SECTION 4. ORS 676.345 is amended to read:
676.345. (1) A health practitioner described in ORS 676.340 (7)
may claim the liability limitation provided by ORS 676.340 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 Oregon
Medical Board;
(b) By a nurse, nurse practitioner or clinical nurse
specialist, with the Oregon State Board of Nursing; { - and - }
(c) By a dentist or dental hygienist, with the Oregon Board of
Dentistry { - . - } { + ;
(d) By a pharmacist, with the State Board of Pharmacy; and
(e) By an optometrist, with the Oregon Board of Optometry. + }
(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 ORS 676.340. 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 ORS 676.340 (2) in the manner provided by ORS
676.340 (2) 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.
(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 5. { + Section 2 of this 2011 Act and the amendments
to ORS 30.792 by section 1 of this 2011 Act apply to causes of
action that arise on or after the effective date of this 2011
Act. + }
SECTION 6. { + (1) The amendments to ORS 676.340 and 676.345
by sections 3 and 4 of this 2011 Act become operative on January
1, 2012.
(2) The State Board of Pharmacy and the Oregon Board of
Optometry may take any action necessary before the operative date
specified in subsection (1) of this section to enable the boards
to exercise, on and after the operative date specified in
subsection (1) of this section, all the duties, functions and
powers conferred on the boards by the amendments to ORS 676.340
and 676.345 by sections 3 and 4 of this 2011 Act. + }
SECTION 7. { + 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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