Liability of fraternal organization that provides used eyeglasses or hearing aids
(1) A fraternal organization, as defined in ORS 307.134 (Definition of fraternal organization), that is also a charitable corporation, as defined in ORS 128.620 (Definitions for ORS 128.610 to 128.769), and any other charitable corporation, as defined in ORS 128.620 (Definitions for ORS 128.610 to 128.769), that is affiliated with the fraternal organization are not liable for any damages arising out of providing previously owned eyeglasses or hearing aids to a person if:
(a) The person is at least 14 years of age; and
(b) The eyeglasses or hearing aids are provided to the person without charge.
(2) The immunity provided by subsection (1) of this section applies to eyeglasses only if the eyeglasses are provided by a licensed optometrist or ophthalmologist who has:
(a) Personally examined the person who will receive the eyeglasses and issued a prescription for the eyeglasses; or
(b) Personally consulted with the licensed optometrist or ophthalmologist who issued the prescription for the eyeglasses. [2011 c.59 §1]
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