Actions and Suits in Particular Cases

ORS 30.792
Liability of health care provider or health clinic for volunteer services to charitable organization


(1)

As used in this section:

(a)

(A) “Charitable organization” means a charitable organization, as defined in ORS 128.620 (Definitions for ORS 128.610 to 128.769), 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 (Definitions).

(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 (When award of punitive damages against health practitioner prohibited).

(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)

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)

Any activity for which a person is otherwise strictly liable without regard to fault. [1995 c.616 §2; 2005 c.362 §2; 2012 c.41 §1]

Source

Last accessed
Jun. 26, 2021