75th OREGON LEGISLATIVE ASSEMBLY--2010 Special 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 16

                   Senate Joint Resolution 46

Sponsored by Senator GIROD; Senators ATKINSON, BOQUIST, FERRIOLI,
  KRUSE, MORSE, TELFER, WHITSETT, WINTERS (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.

  Proposes amendment to Oregon Constitution to limit awards of
noneconomic damages against health care providers, nonprofit
corporations and public bodies to $1 million.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.

                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. The Constitution of the State of Oregon is amended
by creating a new section 12 to be added to and made a part of
Article XV, such section to read:
   { +  SECTION 12. (1) Noneconomic damages may not be recovered
against a health care provider, a nonprofit corporation or a
public body in an amount that exceeds $1 million.
  (2) Noneconomic damages may not be recovered against any
officer, employee or agent of a health care provider, a nonprofit
corporation or a public body, for acts or omissions within the
scope of the person's employment or duties, in an amount that
exceeds $1 million.
  (3) The limitations of this section apply to all subjective,
nonmonetary losses, including but not limited to pain, mental
suffering, emotional distress, humiliation, injury to reputation,
loss of care, comfort, companionship and society, loss of
consortium, inconvenience and interference with normal and usual
activities apart from compensated employment.
  (4) For the purposes of this section, a health care provider is
a person who is licensed, registered or certified under law as:
  (a) A psychologist;
  (b) An occupational therapist;
  (c) A physician;
  (d) An emergency medical technician;
  (e) A podiatric physician and surgeon;
  (f) A nurse;
  (g) A nurse practitioner;
  (h) A dentist;
  (i) A dental hygienist;
  (j) A denturist;
  (k) An audiologist or speech-language pathologist;
  (L) An optometrist;
  (m) A chiropractor;
  (n) A naturopath;
  (o) A massage therapist;
  (p) A physical therapist;
  (q) A medical imaging licensee;
  (r) A pharmacist; or
  (s) A physician assistant.
  (5) For the purposes of this section, a public body is the
state, a county, a city, a district or any other entity created
by law. + }

  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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