Punitive damages may not be awarded against a health practitioner if:

(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]

(Mitigation of Damages)