2017 ORS 682.025¹

This section is amended
Effective June 20, 2019
Relating to public health; creating new provisions; amending ORS 109.610, 413.101, 418.325, 431A.055, 431A.070, 431A.183, 432.510, 432.520, 433.004, 433.045, 433.055, 433.075, 433.269, 433.847, 435.010, 442.315, 443.035, 448.011, 448.020, 448.030, 448.051, 448.060, 448.100, 475B.895, 676.150, 676.560, 676.565, 676.579, 676.590, 676.595, 676.608, 676.612, 676.613, 676.622, 676.669, 676.689, 677.370, 681.730, 681.743, 681.746, 681.749, 681.758, 682.025, 682.035, 682.039, 682.208, 688.815 and 700.035; repealing ORS 181A.330 and 181A.335 and section 2, chapter 280, Oregon Laws 2019 (Enrolled Senate Bill 142); and declaring an emergency.

As used in this chapter, unless the context requires otherwise:

(1) “Ambulance” or “ambulance vehicle” means a privately or publicly owned motor vehicle, aircraft or watercraft that is regularly provided or offered to be provided for the emergency transportation of persons who are ill or injured or who have disabilities.

(2) “Ambulance service” means a person, governmental unit or other entity that operates ambulances and that holds itself out as providing prehospital care or medical transportation to persons who are ill or injured or who have disabilities.

(3) “Emergency care” means the performance of acts or procedures under emergency conditions in the observation, care and counsel of persons who are ill or injured or who have disabilities; in the administration of care or medications prescribed by a licensed physician or naturopathic physician, insofar as any of these acts is based upon knowledge and application of the principles of biological, physical and social science as required by a completed course utilizing an approved curriculum in prehospital emergency care. “Emergency care” does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.

(4) “Emergency medical services provider” means a person who has received formal training in prehospital and emergency care, and is licensed to attend any person who is ill or injured or who has a disability. Police officers, firefighters, funeral home employees and other persons serving in a dual capacity one of which meets the definition of “emergency medical services provider” are “emergency medical services providers” within the meaning of this chapter.

(5) “Fraud or deception” means the intentional misrepresentation or misstatement of a material fact, concealment of or failure to make known any material fact, or any other means by which misinformation or false impression knowingly is given.

(6) “Governmental unit” means the state or any county, municipality or other political subdivision or any department, board or other agency of any of them.

(7) “Highway” means every public way, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, used or intended for the use of the general public for vehicles.

(8) “Nonemergency care” means the performance of acts or procedures on a patient who is not expected to die, become permanently disabled or suffer permanent harm within the next 24 hours, including but not limited to observation, care and counsel of a patient and the administration of medications prescribed by a physician licensed under ORS chapter 677 or naturopathic physician licensed under ORS chapter 685, insofar as any of those acts are based upon knowledge and application of the principles of biological, physical and social science and are performed in accordance with scope of practice rules adopted by the Oregon Medical Board or Oregon Board of Naturopathic Medicine in the course of providing prehospital care.

(9) “Owner” means the person having all the incidents of ownership in an ambulance service or an ambulance vehicle or where the incidents of ownership are in different persons, the person, other than a security interest holder or lessor, entitled to the possession of an ambulance vehicle or operation of an ambulance service under a security agreement or a lease for a term of 10 or more successive days.

(10) “Patient” means a person who is ill or injured or who has a disability and who is transported in an ambulance.

(11) “Prehospital care” means care rendered by emergency medical services providers as an incident of the operation of an ambulance and care rendered by emergency medical services providers as incidents of other public or private safety duties, and includes, but is not limited to, “emergency care.”

(12) “Scope of practice” means the maximum level of emergency or nonemergency care that an emergency medical services provider may provide.

(13) “Standing orders” means the written protocols that an emergency medical services provider follows to treat patients when direct contact with a physician is not maintained.

(14) “Supervising physician” means a physician licensed under ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location), actively registered and in good standing with the Oregon Medical Board, who provides direction of emergency or nonemergency care provided by emergency medical services providers.

(15) “Unprofessional conduct” means conduct unbecoming a person licensed to perform emergency care, or detrimental to the best interests of the public and includes:

(a) Any conduct or practice contrary to recognized standards of ethics of the medical profession or any conduct or practice which does or might constitute a danger to the health or safety of a patient or the public or any conduct, practice or condition which does or might impair an emergency medical services provider’s ability safely and skillfully to practice emergency or nonemergency care;

(b) Willful performance of any medical treatment which is contrary to acceptable medical standards; and

(c) Willful and consistent utilization of medical service for treatment which is or may be considered inappropriate or unnecessary. [Formerly 823.020; 1997 c.249 §208; 1997 c.637 §§1,1a; 2007 c.70 §308; 2009 c.595 §1065; 2011 c.703 §3; 2017 c.356 §90; 2017 c.409 §29]

(formerly 823.020)

Notes of Decisions

Neither reporting facts bearing on existence of medical emergency nor making decision whether to transport patient constitutes engaging in medical diagnosis. AA Ambulance v. Office of Medical Assistance, 124 Or App 71, 861 P2d 400 (1993)

1 Legislative Counsel Committee, CHAPTER 682—Regulation of Ambulance Services and Emergency Medical Services Providers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors682.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 682, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano682.­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.