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.

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
676.330
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
676.350
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
676.450
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
676.551
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
676.730
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
676.802
Definitions for ORS 676.802, 676.806 and 676.810 to 676.820
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
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