(a) At the time the injury, death or damage occurs, the physician is physically present and directly supervising the other health care provider;
(b) At the time the injury, death or damage occurs, the physician is not physically present, but the physician is directly supervising and instructing the other health care provider; or
(c) The injury, death or damage to the patient results from a direct violation of a written hospital patient care protocol by the other health care provider, the physician knew or in the exercise of reasonable care should have known of the violation in time to take action to prevent the injury, death or damage, and the physician failed to take action to prevent the injury, death or damage.
(2) The immunity provided by this section applies only to a person who holds a degree of Doctor of Medicine or Doctor of Osteopathic Medicine who is licensed to practice medicine under the provisions of ORS 677.100 to 677.228.
(3) The immunity provided by this section does not apply if the other health care provider is an employee, a partner or a fellow shareholder of the physician in a corporation established for the provision of health care services. [1995 c.695 §1; 2017 c.409 §25]
Note: 677.492 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 677 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture
Section 677.010 - Definitions for chapter.
Section 677.060 - Persons and practices not within scope of chapter.
Section 677.080 - Prohibited acts.
Section 677.082 - Expression of regret or apology.
Section 677.085 - What constitutes practice of medicine.
Section 677.087 - Physicians required to perform agreed upon surgery personally.
Section 677.091 - Guidelines, recommendations for prescription of opiates.
Section 677.097 - Procedure to obtain informed consent of patient.
Section 677.099 - Notice of participation or nonparticipation in Medicare assignment program; rules.
Section 677.100 - Qualifications of applicant for license.
Section 677.110 - Scope and administration of examination; certificate in lieu of examination.
Section 677.120 - Reciprocity.
Section 677.132 - Limited license; rules.
Section 677.133 - Expedited license by endorsement; rules.
Section 677.135 - "Practice of medicine across state lines" defined for ORS 677.135 to 677.141.
Section 677.137 - License required for practice of medicine across state lines; exceptions.
Section 677.139 - License to practice medicine across state lines; application; fees.
Section 677.141 - Responsibilities; prohibited practices; confidentiality requirements.
Section 677.172 - Change of location of practice; effect.
Section 677.175 - Retirement; cessation of practice.
Section 677.188 - Definitions for ORS 677.190.
Section 677.200 - Disciplinary procedure.
Section 677.205 - Grounds for discipline; action by board; penalties.
Section 677.208 - Hearing; disqualification of investigating board members; judicial review.
Section 677.235 - Oregon Medical Board; membership; confirmation; terms; vacancies; compensation.
Section 677.240 - Oaths, officers and meetings of board.
Section 677.265 - Powers of board generally; rules; fees; physician standard of care.
Section 677.290 - Disposition of receipts; revolving account; medical library.
Section 677.320 - Investigation of complaints and suspected violations.
Section 677.330 - Duty of district attorney and Attorney General; jurisdiction of prosecutions.
Section 677.355 - "Artificial insemination" defined.
Section 677.360 - Who may select donors and perform procedure.
Section 677.370 - Eligibility to be donor.
Section 677.420 - Competency examination; investigation; consent by licensee; assistance.
Section 677.425 - Confidential information; immunity.
Section 677.470 - Definitions for ORS 677.470 to 677.480.
Section 677.474 - Administration of controlled substances for pain allowed; exceptions.
Section 677.487 - Continuing medical education related to Alzheimer’s disease.
Section 677.490 - Fees when patient served by or referred to diabetes self-management program.
Section 677.491 - Reporting toy-related injury or death; rules.
Section 677.492 - Liability of physician for acts of certain other health care providers.
Section 677.495 - Definitions for ORS 677.495 to 677.535.
Section 677.511 - Physician assistant authority to dispense prescription drugs; requirements.
Section 677.512 - Licensure; renewal; fees; rules.
Section 677.515 - Medical services provided by physician assistant.
Section 677.518 - Authority to sign reports of death.
Section 677.535 - Limited license.
Section 677.757 - Definitions for ORS 677.757 to 677.770.
Section 677.759 - License required; qualifications; effect of using certain terms; rules.
Section 677.761 - Persons and practices not within scope of ORS 677.757 to 677.770.
Section 677.780 - Acupuncture Advisory Committee; membership; terms.
Section 677.785 - Duties of committee.
Section 677.810 - License required to practice podiatry.
Section 677.812 - Surgery on ankle; limitations.
Section 677.815 - Application of ORS 677.805 to 677.840.
Section 677.820 - Qualifications of applicants.
Section 677.830 - Reciprocal licensing; use of national board examination.
Section 677.837 - Continuing podiatric education required; exemption.