Mental Health

ORS 430.401
Liability of public officers, providers, treatment facilities and sobering facilities


(1)

A police officer, physician, naturopathic physician, physician assistant, nurse practitioner, judge, treatment facility, treatment facility staff member or sobering facility that is registered with the Oregon Health Authority under ORS 430.262 (Registration of sobering facilities) based on a written request for registration received by the authority before January 1, 2016, or the staff of the sobering facility, may not be held criminally or civilly liable for actions pursuant to ORS 430.315 (Policy), 430.335 (Responsibility of Oregon Health Authority relating to alcohol and drug dependence), 430.397 (Voluntary admission of person to treatment facility) to 430.401 (Liability of public officers, providers, treatment facilities and sobering facilities) and 430.402 (Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs) provided the actions are in good faith, on probable cause and without malice.

(2)

A sobering facility registered with the authority under ORS 430.262 (Registration of sobering facilities) based on a written request for registration received by the authority on or after January 1, 2016, and the staff of the sobering facility, may not be held criminally or civilly liable for actions pursuant to ORS 430.315 (Policy), 430.335 (Responsibility of Oregon Health Authority relating to alcohol and drug dependence), 430.397 (Voluntary admission of person to treatment facility) to 430.401 (Liability of public officers, providers, treatment facilities and sobering facilities) and 430.402 (Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs) provided the actions are in good faith, on probable cause and without gross negligence. [Formerly 426.470; 2014 c.45 §47; 2015 c.730 §4; 2017 c.356 §55]
Note: See note under 430.397 (Voluntary admission of person to treatment facility).

(formerly 426.470)

Notes of Decisions

Immunity for actions taken does not immunize peace officers for failure to take required actions regarding incapacitated person. Scovill v. City of Astoria, 324 Or 159, 921 P2d 1312 (1996)

§§ 430.260 to 430.425

Atty. Gen. Opinions

Authorized contracts and expenditures, (1977) Vol 38, p 1618


Source

Last accessed
Jun. 26, 2021