2017 ORS 401.667¹
Coverage under Oregon Tort Claims Act

(1) If the Governor declares a state of emergency under ORS 401.165 (Declaration of state of emergency), or proclaims a state of public health emergency under ORS 433.441 (Proclamation of public health emergency), emergency health care providers registered under ORS 401.654 (Registry of emergency health care providers) and other health care providers who volunteer to perform health care services under ORS 401.651 (Definitions for ORS 401.651 to 401.670) to 401.670 (Rules) are agents of the state under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) for the purposes of any claims arising out of services that are provided under ORS 401.651 (Definitions for ORS 401.651 to 401.670) to 401.670 (Rules) pursuant to directions from a public body and that are within the course and scope of the health care provider’s duties, without regard to whether the health care provider is compensated for the services.

(2) If the Governor declares a state of emergency under ORS 401.165 (Declaration of state of emergency), or proclaims a state of public health emergency under ORS 433.441 (Proclamation of public health emergency), health care facilities designated under ORS 401.657 (Emergency health care facility) and other persons operating emergency health care centers designated under ORS 401.657 (Emergency health care facility) are agents of the state under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) for the purposes of any claims arising out of services that are provided through those centers or facilities under ORS 401.651 (Definitions for ORS 401.651 to 401.670) to 401.670 (Rules) pursuant to directions from a public body and that are within the course and scope of the duties of the health care facility or other person, without regard to whether the health care facility or other person is compensated for the services.

(3) An emergency health care provider registered under ORS 401.654 (Registry of emergency health care providers) participating in training authorized by the Oregon Health Authority under ORS 401.651 (Definitions for ORS 401.651 to 401.670) to 401.670 (Rules) is an agent of the state under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) for the purposes of any claims arising out of that training.

(4) The provisions of subsection (2) of this section apply only to emergency health care centers or health care facilities that have adopted emergency operations plans and credentialing plans that govern the use of emergency health care providers registered under ORS 401.654 (Registry of emergency health care providers) and other health care providers who volunteer to perform health care services under ORS 401.651 (Definitions for ORS 401.651 to 401.670) to 401.670 (Rules). An emergency operations plan and a credentialing plan must comply with rules governing those plans adopted by the authority. [2003 c.298 §7; 2009 c.595 §230; 2009 c.718 §9]

Chapter 401

Law Review Cita­tions

54 OLR 677 (1975)

1 Legislative Counsel Committee, CHAPTER 401—Emergency Management and Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors401.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 401, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano401.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.