(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 to 678.101;
(c) A nurse practitioner licensed under ORS 678.375 to 678.390;
(d) A clinical nurse specialist licensed under ORS 678.370 and 678.372;
(e) A physician assistant licensed under ORS 677.505 to 677.525;
(f) A dental hygienist licensed under ORS 680.010 to 680.205;
(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 to 677.770. [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]
Structure 2021 Oregon Revised Statutes
Chapter 676 - Health Professions Generally
Section 676.110 - Use of title "doctor."
Section 676.115 - Use of title "nurse."
Section 676.160 - Definitions for ORS 676.165 to 676.180.
Section 676.165 - Complaint investigation.
Section 676.175 - Complaints and investigations confidential; exceptions; fees.
Section 676.177 - Disclosure of confidential information to another public entity; criteria.
Section 676.185 - Definitions for ORS 676.185 to 676.200.
Section 676.194 - Impaired Health Professional Program Work Group.
Section 676.200 - Board participation in program; rules.
Section 676.306 - Executive directors; reports; rules.
Section 676.360 - Pelvic examinations.
Section 676.405 - Release of personal information.
Section 676.454 - Health care provider incentive program; rules.
Section 676.459 - Health care workforce needs; report to Legislative Assembly.
Section 676.463 - Financial incentive program participation data; reporting.
Section 676.467 - Allocation of moneys; administration by Oregon Health and Science University.
Section 676.551 - Needlestick injury; blood draw of patient; test results; rules.
Section 676.560 - Purpose of Health Licensing Office.
Section 676.562 - Definitions for ORS 676.560 to 676.625.
Section 676.565 - Oversight and centralized service by office.
Section 676.568 - Office responsibilities; enumeration of powers not exclusive; rules.
Section 676.572 - Issuance of authorizations; renewal; activation.
Section 676.579 - Director; appointment and qualifications; responsibilities; duties.
Section 676.590 - Disclosure of investigatory information, records.
Section 676.599 - Disclosure of information to other public entity.
Section 676.608 - Investigative authority; conduct of investigation.
Section 676.612 - Disciplinary authority; authority of office to require fingerprints.
Section 676.613 - Injunctions.
Section 676.615 - Rulemaking authority.
Section 676.618 - Inspection of facilities.
Section 676.622 - Exemption from certain requirements for original signatures.
Section 676.625 - Health Licensing Office Account; fees; record keeping; disposition of receipts.
Section 676.630 - Definitions for ORS 676.630 to 676.660.
Section 676.640 - Certification for practice of advanced nonablative esthetics procedures; rules.
Section 676.645 - Renewal of certificate; rules.
Section 676.647 - Prohibition on use of unregistered device; rules.
Section 676.650 - Board of Certified Advanced Estheticians.
Section 676.655 - Board powers; rules.
Section 676.665 - Definitions for ORS 676.665 to 676.689.
Section 676.669 - Lactation consultant license; rules.
Section 676.673 - Continuing education; rules.
Section 676.681 - Prohibition on unauthorized practice, use of title; exemptions.
Section 676.730 - Definitions for ORS 676.730 to 676.748.
Section 676.733 - Genetic counseling license; fees; rules.
Section 676.736 - Prohibition on unauthorized practice, use of title; exemptions.
Section 676.739 - Requirement to refer for diagnosis, certain treatment.
Section 676.802 - Definitions for ORS 676.802, 676.806 and 676.810 to 676.820.
Section 676.806 - Behavior Analysis Regulatory Board.
Section 676.815 - Behavior analysis interventionists; rules.
Section 676.863 - Oregon Health Authority list of continuing education opportunities.
Section 676.870 - Definitions for ORS 676.870 to 676.890.
Section 676.875 - Requirements for practice of surgical technology in health care facilities; rules.