Liability of health care provider or health clinic for volunteer services to charitable corporations
(1) As used in this section:
(a) "Charitable corporation" has the meaning given that term in ORS 128.620 (Definitions for ORS 128.610 to 128.750).
(b) "Health care provider" means any person licensed in this state as a practitioner of one or more healing arts as described in ORS 31.740 (When award of punitive damages against health practitioner prohibited).
(c) "Health clinic" means a public health clinic or a health clinic operated by a charitable corporation that provides primarily primary physical health, dental or mental health services to low-income patients without charge or using a sliding fee scale based on the income of the patient.
(2) Except as provided in subsection (3) of this section, no person may maintain an action for damages against:
(a) A health care provider who voluntarily provides to a charitable corporation any assistance, services or advice directly related to the charitable purposes of the corporation if the assistance, services or advice are within the scope of the license of the health care provider; or
(b) A health clinic for the assistance, services or advice provided by a health care provider described in paragraph (a) of this subsection.
(3) The immunity provided in this section shall not apply to:
(a) Any person who receives compensation other than reimbursement for expenses incurred by the person providing such assistance, services or advice.
(b) The liability of any person for damages resulting from the person’s gross negligence or from the person’s reckless, wanton or intentional misconduct.
(c) Any activity for which a person is otherwise strictly liable without regard to fault. [1995 c.616 §2; 2005 c.362 §2]
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