Liability for use of automated external defibrillator
(1) As used in this section:
(a) “Automated external defibrillator” means an automated external defibrillator approved for sale by the federal Food and Drug Administration.
(b) “Public setting” means a location that is:
(A) Accessible to members of the general public, employees, visitors and guests, but that is not a private residence;
(B) A public school facility as defined in ORS 327.365 (Automated external defibrillator grants);
(C) A health club as defined in ORS 431A.450 (Automated external defibrillators required at health clubs); or
(D) A place of public assembly as defined in ORS 431A.455 (Automated external defibrillators required at places of public assembly).
(2) A person may not bring a cause of action against another person for damages for injury, death or loss that result from acts or omissions involving the use, attempted use or nonuse of an automated external defibrillator when the other person:
(a) Used or attempted to use an automated external defibrillator;
(b) Was present when an automated external defibrillator was used or should have been used;
(c) Provided training in the use of an automated external defibrillator;
(d) Is a physician, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees), 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) or a naturopathic physician licensed under ORS chapter 685 and provided services related to the placement or use of an automated external defibrillator; or
(e) Possesses or controls one or more automated external defibrillators placed in a public setting.
(3) The immunity provided by this section does not apply if:
(a) The person against whom the action is brought acted with gross negligence or with reckless, wanton or intentional misconduct; or
(b) The use, attempted use or nonuse of an automated external defibrillator occurred at a location where emergency medical care is regularly available.
(4) Nothing in this section affects the liability of a manufacturer, designer, developer, distributor or supplier of an automated external defibrillator, or an accessory for an automated external defibrillator, under the provisions of ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable) or any other applicable state or federal law. [2005 c.551 §1; 2010 c.27 §3; 2014 c.45 §4; 2017 c.356 §3]
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