ORS 31.740
When award of punitive damages against health practitioner prohibited

Punitive damages may not be awarded against a health practitioner if:

(1)

The health practitioner is licensed, registered or certified as:

(a)

A psychologist under ORS 675.030 (Licensing of psychologists after examination) to 675.070 (Authorized sanctions), 675.085 (Investigation) and 675.090 (Application of ORS 675.010 to 675.150);

(b)

An occupational therapist under ORS 675.230 (Application for licensing) to 675.300 (Grounds and procedures for denial, refusal to renew, suspension or revocation of license);

(c)

A regulated social worker under ORS 675.510 (Definitions for ORS 675.510 to 675.600) to 675.600 (Duties of board);

(d)

A physician under ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location) or 677.805 (“Ankle” defined for ORS 677.805 to 677.840) to 677.840 (Fees);

(e)

An emergency medical services provider under ORS chapter 682;

(f)

A nurse under ORS 678.040 (Qualifications of applicants for license) to 678.101 (Renewal of license);

(g)

A nurse practitioner under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs);

(h)

A dentist under ORS chapter 679;

(i)

A dental hygienist under ORS 680.040 (Qualifications of applicants for dental hygiene licensure examination) to 680.100 (Discipline of dental hygienist);

(j)

A denturist under ORS 680.515 (Application for license) to 680.535 (Grounds for imposing discipline);

(k)

An audiologist or speech-language pathologist under ORS 681.250 (Requirement for license in speech-language pathology or audiology) to 681.350 (Denial, suspension or revocation of license or conditional license);

(L)

An optometrist under ORS 683.040 (Qualifications of applicants) to 683.155 (Hearing) and 683.170 (Sanction may be set aside by board) to 683.220 (Licensing of applicant holding license in another state);

(m)

A chiropractor under ORS 684.040 (Application for license) to 684.105 (Discipline procedure);

(n)

A naturopath under ORS 685.060 (Minimum educational requirements for license) to 685.110 (Grounds for discipline), 685.125 (Discipline procedure) and 685.135 (Certificate of special competency in natural childbirth);

(o)

A massage therapist under ORS 687.011 (Definitions) to 687.250 (Enforcement);

(p)

A physical therapist under ORS 688.040 (Licensing procedure) to 688.145 (Discipline procedure);

(q)

A medical imaging licensee under ORS 688.445 (Licensing and renewal procedure) to 688.525 (Grounds for discipline);

(r)

A pharmacist under ORS 689.151 (Board control over licensing, standards and discipline) and 689.225 (License requirement) to 689.285 (Continuing education);

(s)

A physician assistant as provided by ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees); or

(t)

A professional counselor or marriage and family therapist under ORS 675.715 (Application) to 675.835 (Injunctive proceedings); and

(2)

The health practitioner was engaged in conduct regulated by the license, registration or certificate issued by the appropriate governing body and was acting within the scope of practice for which the license, registration or certificate was issued and without malice. [Formerly 18.550; 2005 c.366 §4; 2009 c.442 §27; 2009 c.833 §26; 2011 c.396 §1; 2011 c.703 §20; 2013 c.129 §20; 2021 c.97 §5]

Source: Section 31.740 — When award of punitive damages against health practitioner prohibited, https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html (accessed May 26, 2025).

Notes of Decisions

Employer of health practitioner may be subject to vicarious liability for punitive damages whether or not employer was at fault. Johannesen v. Salem Hospital, 336 Or 211, 82 P3d 139 (2003)

31.150
Special motion to strike 31.152
Time for filing special motion to strike 31.155
Exempt actions 31.180
Certain felonious conduct of plaintiff complete defense in tort actions 31.200
Liability of radio or television station personnel for defamation 31.205
Damages recoverable for defamation by radio, television, motion pictures, newspaper or printed periodical 31.210
When general damages allowed 31.215
Publication of correction or retraction upon demand 31.220
Effect of publication of correction or retraction prior to demand 31.225
Publisher’s defenses and privileges not affected 31.230
Wrongful use of civil proceeding 31.250
Mandatory dispute resolution for certain actions against health practitioners and health care facilities 31.260
Definitions for ORS 31.260 to 31.278 31.262
Notice of adverse health care incident 31.264
Discussion of adverse health care incident 31.266
Discussion communications 31.268
Mediation 31.270
Payment and resolution 31.272
Statute of limitations 31.274
Patient representatives 31.276
Duties of Oregon Patient Safety Commission 31.278
Use of information relating to notice of adverse health care incident 31.280
Task Force on Resolution of Adverse Health Care Incidents 31.300
Pleading requirements for actions against design professionals 31.350
Pleading requirements for actions against real estate licensees 31.360
Proof required for claim of economic damages in action arising from injury caused by dog 31.370
Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police 31.550
“Advance payment” defined 31.555
Effect of advance payment 31.560
Advance payment for death or personal injury not admission of liability 31.565
Advance payment for property damage not admission of liability 31.580
Effect of collateral benefits 31.600
Contributory negligence not bar to recovery 31.605
Special questions to trier of fact 31.610
Liability of defendants several only 31.615
Setoff of damages not allowed 31.620
Doctrines of last clear chance and implied assumption of risk abolished 31.700
Right to include medical expenses paid by parent or conservator in action to recover for damages to child 31.705
Economic and noneconomic damages separately set forth in verdict 31.710
Limitation on award for noneconomic damages in claim for wrongful death 31.715
Limitation on recovery of noneconomic damages arising out of operation of motor vehicle 31.725
Pleading punitive damages 31.730
Standards for award of punitive damages 31.735
Distribution of punitive damages 31.740
When award of punitive damages against health practitioner prohibited 31.760
Evidence of nonuse of safety belt or harness to mitigate damages 31.770
Inadmissibility of calculation of future earning potential based on race or ethnicity 31.800
Right of contribution among joint tortfeasors 31.805
Basis for proportional shares of tortfeasors 31.810
Enforcement of right of contribution 31.815
Covenant not to sue 31.820
Severability 31.825
Assignment of cause of action against insurer 31.980
Action for alienation of affections abolished 31.982
Action for criminal conversation abolished
Green check means up to date. Up to date

Current through early 2026

§ 31.740’s source at oregon​.gov