Health Care Facilities

ORS 441.323
Effect of trust or temporary management on prior obligations or civil or criminal liabilities


(1)

Nothing in ORS 441.277 (Definitions for ORS 441.277 to 441.323) to 441.323 (Effect of trust or temporary management on prior obligations or civil or criminal liabilities) is intended:

(a)

To relieve any licensee of the facility placed in trust under ORS 441.281 (Petition for appointment of trustee) or under temporary management pursuant to ORS 441.333 (Appointment of temporary manager) of any civil or criminal liability incurred, or any duty imposed by law by reason of acts or omissions of the licensee prior to the appointment of a trustee under ORS 441.281 (Petition for appointment of trustee).

(b)

To suspend any obligation of the licensee for payment of taxes or other operating and maintenance expenses of the facility or payment of mortgages or other liens during the term of the trust or the temporary management.

(2)

A licensee may not be held professionally liable for acts or omissions of the trustee or the trustee’s employees during the term of the trust or of the temporary manager or the temporary manager’s employees during the period of temporary management. [1981 c.868 §13; 2009 c.539 §11]
§§ 441.277 to 441.323

Law Review Citations

18 WLR 135 (1982)

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital's employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963


Source

Last accessed
Jun. 26, 2021