(1) The health practitioner is licensed, registered or certified as:
(a) A psychologist under ORS 675.030 to 675.070, 675.085 and 675.090;
(b) An occupational therapist under ORS 675.230 to 675.300;
(c) A regulated social worker under ORS 675.510 to 675.600;
(d) A physician under ORS 677.100 to 677.228 or 677.805 to 677.840;
(e) An emergency medical services provider under ORS chapter 682;
(f) A nurse under ORS 678.040 to 678.101;
(g) A nurse practitioner under ORS 678.375 to 678.390;
(h) A dentist under ORS chapter 679;
(i) A dental hygienist under ORS 680.040 to 680.100;
(j) A denturist under ORS 680.515 to 680.535;
(k) An audiologist or speech-language pathologist under ORS 681.250 to 681.350;
(L) An optometrist under ORS 683.040 to 683.155 and 683.170 to 683.220;
(m) A chiropractor under ORS 684.040 to 684.105;
(n) A naturopath under ORS 685.060 to 685.110, 685.125 and 685.135;
(o) A massage therapist under ORS 687.011 to 687.250;
(p) A physical therapist under ORS 688.040 to 688.145;
(q) A medical imaging licensee under ORS 688.445 to 688.525;
(r) A pharmacist under ORS 689.151 and 689.225 to 689.285;
(s) A physician assistant as provided by ORS 677.505 to 677.525; or
(t) A professional counselor or marriage and family therapist under ORS 675.715 to 675.835; and
(2) The health practitioner was engaged in conduct regulated by the license, registration or certificate issued by the appropriate governing body and was acting within the scope of practice for which the license, registration or certificate was issued and without malice. [Formerly 18.550; 2005 c.366 §4; 2009 c.442 §27; 2009 c.833 §26; 2011 c.396 §1; 2011 c.703 §20; 2013 c.129 §20; 2021 c.97 §5]
Note: Section 2, chapter 396, Oregon Laws 2011, provides:
Sec. 2. The amendments to ORS 31.740 by section 1 of this 2011 Act apply only to causes of action that arise on or after the effective date of this 2011 Act [January 1, 2012]. [2011 c.396 §2]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Section 31.150 - Special motion to strike; when available; burden of proof.
Section 31.152 - Time for filing special motion to strike; discovery; attorney fees.
Section 31.155 - Exempt actions; substantive law not affected.
Section 31.200 - Liability of radio or television station personnel for defamation.
Section 31.210 - When general damages allowed.
Section 31.215 - Publication of correction or retraction upon demand.
Section 31.230 - Wrongful use of civil proceeding; pleading; procedure.
Section 31.260 - Definitions for ORS 31.260 to 31.278.
Section 31.262 - Notice of adverse health care incident.
Section 31.266 - Discussion communications; admissibility; disclosure.
Section 31.270 - Payment and resolution.
Section 31.272 - Statute of limitations; evidence of offers and payments.
Section 31.274 - Patient representatives.
Section 31.276 - Duties of Oregon Patient Safety Commission; rules.
Section 31.278 - Use of information relating to notice of adverse health care incident.
Section 31.280 - Task Force on Resolution of Adverse Health Care Incidents; rules.
Section 31.300 - Pleading requirements for actions against design professionals.
Section 31.350 - Pleading requirements for actions against real estate licensees.
Section 31.555 - Effect of advance payment; payment as satisfaction of judgment.
Section 31.580 - Effect of collateral benefits.
Section 31.605 - Special questions to trier of fact; jury not to be informed of settlement.
Section 31.620 - Doctrines of last clear chance and implied assumption of risk abolished.
Section 31.710 - Limitation on award for noneconomic damages in claim for wrongful death.
Section 31.740 - When award of punitive damages against health practitioner prohibited.
Section 31.760 - Evidence of nonuse of safety belt or harness to mitigate damages.
Section 31.805 - Basis for proportional shares of tortfeasors.