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An Tir Chirurgeons' Guild

State of Oregon
Good Samaritan Laws

Or. Rev. Stat. §30.800 (1999)(Emer. Assist. Immunity)
Or. Rev. Stat. §30.801 (1999)(AED User Immunity)
Or. Rev. Stat. §682.135 (1999)(Req. for License)


Chapter 30 — Actions and Suits in Particular Cases
2003 EDITION

30.800 Liability for emergency medical assistance.

(1) As used in this section, “emergency medical assistance” means:

(a) Medical or dental care not provided in a place where emergency medical or dental care is regularly available, including but not limited to a hospital, industrial first-aid station or a physician’s or dentist’s office, given voluntarily and without the expectation of compensation to an injured person who is in need of immediate medical or dental care and under emergency circumstances that suggest that the giving of assistance is the only alternative to death or serious physical after effects; or

(b) Medical care provided voluntarily in good faith and without expectation of compensation by a physician licensed by the Board of Medical Examiners for the State of Oregon in the physician’s professional capacity as a team physician at a public or private school or college athletic event or as a volunteer physician at other athletic events.

(2) No person may maintain an action for damages for injury, death or loss that results from acts or omissions of a person while rendering emergency medical assistance unless it is alleged and proved by the complaining party that the person was grossly negligent in rendering the emergency medical assistance.

(3) The giving of emergency medical assistance by a person does not, of itself, establish the relationship of physician and patient, dentist and patient or nurse and patient between the person giving the assistance and the person receiving the assistance insofar as the relationship carries with it any duty to provide or arrange for further medical care for the injured person after the giving of emergency medical assistance. [1967 c.266 §§1,2; 1973 c.635 §1; 1979 c.576 §1; 1979 c.731 §1; 1983 c.771 §1; 1983 c.779 §1; 1985 c.428 §1; 1989 c.782 §35; 1997 c.242 §1; 1997 c.751 §11]

30.801 Liability for emergency medical assistance with defibrillator.

(1) A person may not maintain an action for damages for injury, death or loss that results from acts or omissions of another person rendering emergency medical assistance with an automated external defibrillator.

(2) The provisions of this section do not apply to any person who renders medical assistance with the expectation of compensation.

(3) The immunity provided by this section applies only if:

(a) Before using an automated external defibrillator, the person using the defibrillator has received instruction in the use of defibrillators and in cardiopulmonary resuscitation in a course approved by the Department of Human Services;

(b) The person using an automated external defibrillator on another person calls 9-1-1 or such other emergency phone number serving the area as soon as possible after use of the defibrillator, and provides all information on the use of the defibrillator requested by the emergency medical service provider, as defined in ORS 41.685, or health care provider that assumes responsibility for the care of the person on whom the defibrillator was used;

(c) The automated external defibrillator has been maintained and tested in the manner required by the manufacturer’s guidelines;

(d) The person that acquired and maintains the automated external defibrillator has sought medical direction from a licensed physician in the use of the defibrillator and in cardiopulmonary resuscitation; and

(e) The person that acquired and maintains the automated external defibrillator has contacted at least one local emergency medical service provider, as defined in ORS 41.685, serving the area in which the defibrillator is used and has notified that organization of the location of the defibrillator.

(4) The immunity provided by this section applies to a person that acquires and maintains an automated external defibrillator, a person who uses the defibrillator on another person, a person that provides instruction in the use of defibrillators and in cardiopulmonary resuscitation pursuant to the requirements in subsection (3)(a) of this section, a physician who provides medical direction in the use of the defibrillator and in cardiopulmonary resuscitation pursuant to the requirements in subsection (3)(d) of this section and any person that owns or exercises control over the property where the defibrillator is used.

(5) Use of an automated external defibrillator is medical care for the purposes of ORS 30.800. Subject to the requirements of ORS 30.800, a person providing emergency medical assistance through the use of an automated external defibrillator may claim the immunity provided by ORS 30.800 if the person is not entitled to the immunity provided under the provisions of this section.

(6) As used in this section, “emergency medical assistance” has the meaning given that term in ORS 30.800. [1999 c.220 §1]

30.803 Liability of certified emergency medical technician acting as volunteer.

No person shall maintain a cause of action for injury, death or loss against any certified emergency medical technician who acts as a volunteer without expectation of compensation, based on a claim of negligence unless the person shows that the injury, death or loss resulted from willful and wanton misconduct or intentional act or omission of the emergency medical technician. [1987 c.915 §11]

30.805 Liability for emergency medical assistance by government personnel.

(1) No person may maintain an action for damages for injury, death or loss that results from acts or omissions in rendering emergency medical assistance unless it is alleged and proved by the complaining party that the acts or omissions violate the standards of reasonable care under the circumstances in which the emergency medical assistance was rendered, if the action is against:

(a) The staff person of a governmental agency or other entity if the staff person and the agency or entity are authorized within the scope of their official duties or licenses to provide emergency medical care; or

(b) A governmental agency or other entity that employs, trains, supervises or sponsors the staff person.

(2) As used in this section, “emergency medical care” means medical care to an injured or ill person who is in need of immediate medical care:

(a) Under emergency circumstances that suggest that the giving of assistance is the only alternative to serious physical aftereffects or death;

(b) In a place where emergency medical care is not regularly available;

(c) In the absence of a personal refusal of such medical care by the injured or ill person or the responsible relative of such person; and

(d) Which may include medical care provided through means of radio or telecommunication by a medically trained person, who practices in a hospital as defined in ORS 442.015 and licensed under ORS 441.015 to 441.087, and who is not at the location of the injured or ill person. [1979 c.782 §8; 1981 c.693 §27; 1985 c.747 §48]

30.807 Liability for emergency transportation assistance.

(1) No person shall maintain an action for damages for injury, death or loss that results from acts or omissions in rendering emergency transportation assistance unless it is alleged and proved by the complaining party that the person rendering emergency transportation assistance was grossly negligent. The provisions of this section apply only to a person who provides emergency transportation assistance without compensation.

(2) As used in this section, “emergency transportation assistance” means transportation provided to an injured or ill person who is in need of immediate medical care:

(a) Under emergency circumstances that suggest that the giving of assistance is the only alternative to serious physical after-effect or death;

(b) From a place where emergency medical care is not regularly available;

(c) In the absence of a personal refusal of such assistance by the injured or ill person or the responsible relative of the person; and

(d) Which may include directions on the transportation provided through means of radio or telecommunications by a medically trained person who practices in a hospital, as defined in ORS 442.015 and who is not at the location of the injured or ill person. [1987 c.915 §10; 1997 c.242 §2]

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