Health Professions Generally

ORS 676.340
Limitations on liability of health practitioners providing health care services without compensation

  • requirements
  • exceptions
  • attorney fees
  • applicability

(1)

Notwithstanding any other provision of law, a health practitioner described in subsection (7) of this section who has registered under ORS 676.345 (Registration program for health care professionals claiming liability limitation) and who provides health care services without compensation is not liable for any injury, death or other loss arising out of the provision of those services, unless the injury, death or other loss results from the gross negligence of the health practitioner.

(2)

A health practitioner may claim the limitation on liability provided by this section only if the patient receiving health care services, or a person who has authority under law to make health care decisions for the patient, signs a statement that notifies the patient that the health care services are provided without compensation and that the health practitioner may be held liable for death, injury or other loss only to the extent provided by this section. The statement required under this subsection must be signed before the health care services are provided.

(3)

A health practitioner may claim the limitation on liability provided by this section only if the health practitioner obtains the patient’s informed consent for the health care services before providing the services, or receives the informed consent of a person who has authority under law to make health care decisions for the patient.

(4)

A health practitioner provides health care services without compensation for the purposes of subsection (1) of this section even though the practitioner requires payment of laboratory fees, testing services and other out-of-pocket expenses.

(5)

A health practitioner provides health care services without compensation for the purposes of subsection (1) of this section even though the practitioner provides services at a health clinic that receives compensation from the patient, as long as the health practitioner does not personally receive compensation for the services.

(6)

In any civil action in which a health practitioner prevails based on the limitation on liability provided by this section, the court shall award all reasonable attorney fees incurred by the health practitioner in defending the action.

(7)

This section applies only to:

(a)

A physician licensed under ORS chapter 677;

(b)

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

(c)

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

(d)

A clinical nurse specialist licensed under ORS 678.370 (Clinical nurse specialists) and 678.372 (Rules for clinical nurse specialists);

(e)

A physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees);

(f)

A dental hygienist licensed under ORS 680.010 (Definitions for ORS 680.010 to 680.205) to 680.205 (Services rendered under permit);

(g)

A dentist licensed under ORS 679.060 (Application for license) to 679.180 (Enforcement);

(h)

A pharmacist licensed under ORS chapter 689;

(i)

An optometrist licensed under ORS chapter 683;

(j)

A naturopathic physician licensed under ORS chapter 685; and

(k)

An acupuncturist licensed under ORS 677.757 (Definitions for ORS 677.757 to 677.770) to 677.770 (Fees). [1999 c.771 §1; 1999 c.771 §3; 2005 c.462 §2; 2012 c.41 §3; 2017 c.356 §84; 2019 c.227 §1; 2019 c.358 §20]
Source

Last accessed
Jun. 26, 2021

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