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 chapter 679;

(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; 2021 c.97 §77]

Source: Section 676.340 — Limitations on liability of health practitioners providing health care services without compensation; requirements; exceptions; attorney fees; applicability, https://www.­oregonlegislature.­gov/bills_laws/ors/ors676.­html (accessed May 26, 2025).

676.108
Definition of “health professional regulatory board.” 676.110
Use of title “doctor.” 676.115
Use of title “nurse.” 676.120
Use of deceased licensee’s name 676.130
Enforcement of ORS 676.110, 676.115 and 676.120 676.150
Duty to report prohibited or unprofessional conduct, arrests and convictions 676.160
Definitions for ORS 676.165 to 676.180 676.165
Complaint investigation 676.170
Immunity of information providers 676.175
Complaints and investigations confidential 676.177
Disclosure of confidential information to another public entity 676.180
Notice prior to disclosure 676.185
Definitions for ORS 676.185 to 676.200 676.190
Establishment of program 676.194
Impaired Health Professional Program Work Group 676.200
Board participation in program 676.205
Continuing jurisdiction of boards 676.210
Practice of health care profession after suspension or revocation of license prohibited 676.220
Enjoining health care professional from practicing after suspension or revocation of license 676.230
Injunction as cumulative remedy 676.260
Health care facility notification of blood alcohol level or presence of cannabis or controlled substance in blood 676.280
Immunity of person providing notice to law enforcement of blood test results 676.300
Authority of health care provider to notify law enforcement agency that patient who is under influence of intoxicants is about to drive vehicle 676.303
Purposes of health professional regulatory boards 676.306
Executive directors 676.308
Authorization for military spouse or domestic partner to practice health profession 676.310
Fees for laboratory testing 676.313
Prohibition on malpractice insurer taking adverse action against health care provider for specified reasons 676.330
Approved osteopathic residency training and certification included as medical specialty certification 676.340
Limitations on liability of health practitioners providing health care services without compensation 676.345
Registration program for health care professionals claiming liability limitation 676.347
Volunteer practice by out-of-state health care practitioner 676.350
Authority of health professional regulatory boards to adopt rules permitting expedited partner therapy 676.360
Pelvic examinations 676.400
Racial and ethnic composition of regulated health professions 676.405
Release of personal information 676.410
Information required for renewal of certain licenses 676.440
Duty of health professional regulatory boards to encourage multidisciplinary pain management services 676.443
Guidelines, recommendations for prescription of opiates 676.450
Health Care Provider Incentive Fund 676.454
Health care provider incentive program 676.459
Health care workforce needs 676.463
Financial incentive program participation data 676.467
Allocation of moneys 676.473
Oregon Health Authority grants for recruitment, retention of nurse educators 676.476
Oregon Health Authority reimbursements for clinical education 676.479
Oregon Health Authority reimbursements for on-the-job training of health care professionals 676.551
Needlestick injury 676.553
Prohibitions relating to provision of substance abuse, problem gambling or mental health services and support 676.560
Purpose of Health Licensing Office 676.562
Definitions for ORS 676.560 to 676.625 676.565
Oversight and centralized service by office 676.568
Office responsibilities 676.572
Issuance of authorizations 676.576
Fees 676.579
Director 676.585
Duty of director to keep records and prepare reports 676.590
Disclosure of investigatory information, records 676.595
Disclosure of certain investigatory information 676.599
Disclosure of information to other public entity 676.608
Investigative authority 676.612
Disciplinary authority 676.613
Injunctions 676.615
Rulemaking authority 676.616
Final order authority for contested cases related to practice of direct entry midwifery 676.618
Inspection of facilities 676.622
Exemption from certain requirements for original signatures 676.625
Health Licensing Office Account 676.630
Definitions for ORS 676.630 to 676.660 676.635
Prohibition on unauthorized practice of advanced nonablative esthetics procedures or unauthorized use of title 676.640
Certification for practice of advanced nonablative esthetics procedures 676.645
Renewal of certificate 676.647
Prohibition on use of unregistered device 676.650
Board of Certified Advanced Estheticians 676.655
Board powers 676.660
Health Licensing Office authority to discipline persons certified to practice advanced nonablative esthetics procedures 676.665
Definitions for ORS 676.665 to 676.689 676.669
Lactation consultant license 676.673
Continuing education 676.677
Standards of practice and professional responsibility 676.681
Prohibition on unauthorized practice, use of title 676.685
Discipline 676.689
Rules 676.695
Definitions for ORS 676.695 to 676.725 676.698
Temporary staffing agency authorization 676.701
Publicly available list of authorized temporary staffing agencies 676.704
Prohibition on operation without authorization 676.707
Temporary staffing agency duties regarding personnel, records 676.710
Complaint process 676.713
Discipline 676.716
Temporary staffing agency maximum rates 676.719
Exception from maximum rates 676.722
Waiver of maximum rates 676.725
Civil penalties 676.730
Definitions for ORS 676.730 to 676.748 676.733
Genetic counseling license 676.736
Prohibition on unauthorized practice, use of title 676.739
Requirement to refer for diagnosis, certain treatment 676.742
Requirement to practice, provide services in culturally, linguistically appropriate manner 676.745
Discipline 676.748
Rules 676.750
Definitions for ORS 676.750 to 676.789 676.753
Supervisory sign language interpreter license 676.756
Sign language interpreter license 676.759
Provisional sign language interpreter license 676.762
Educational sign language interpreter license 676.765
Medical sign language interpreter license 676.768
Legal sign language interpreter license 676.771
Prohibition on unlicensed provision of signed language interpretation services, use of title 676.774
Protection, disclosure of information acquired while providing signed language interpretation services 676.777
Discipline 676.780
State Board of Sign Language Interpreters 676.783
Board duties, powers 676.786
Health Licensing Office, Department of Education rules 676.789
Criminal penalties 676.802
Definitions for ORS 676.802 to 676.830 676.806
Behavior Analysis Regulatory Board 676.810
Board duties 676.815
Behavior analysis interventionists 676.820
Use of titles “licensed behavior analyst,” “licensed assistant behavior analyst,” “registered behavior analysis interventionist.” 676.825
Disciplinary authority over persons licensed or registered 676.830
Health benefit plan credentialing for applied behavior analysis providers 676.850
Authority of regulatory boards to require cultural competency continuing education 676.855
Authority of public universities and community colleges to require cultural competency continuing education 676.860
Suicide risk assessment, treatment and management continuing education for physical health care providers 676.863
Oregon Health Authority list of continuing education opportunities 676.866
Suicide risk assessment, treatment and management continuing education for behavioral health care providers 676.870
Definitions for ORS 676.870 to 676.890 676.875
Requirements for practice of surgical technology in health care facilities 676.880
Exemption 676.885
Practice of surgical technology in health care facility in rural or medically underserved community 676.890
Penalties 676.990
Criminal penalties 676.992
Civil penalties

Current through early 2026

§ 676.340. Limitations on liability of health practitioners providing health care services without compensation's source at oregon​.gov