Oregon Statutes 401.667 – Coverage under Oregon Tort Claims Act
(1) If the Governor declares a state of emergency under ORS § 401.165, or declares a state of public health emergency under ORS § 433.441, emergency health care providers registered under ORS § 401.654 and other health care providers who volunteer to perform health care services under ORS § 401.651 to 401.670 are agents of the state under ORS § 30.260 to 30.300 for the purposes of any claims arising out of services that are provided under ORS § 401.651 to 401.670 pursuant to directions from a public body and that are within the course and scope of the health care provider’s duties, without regard to whether the health care provider is compensated for the services.
Terms Used In Oregon Statutes 401.667
- Emergency: means a human created or natural event or circumstance that causes or threatens widespread loss of life, injury to person or property, human suffering or financial loss, including but not limited to:
(a) Fire, wildfire, explosion, flood, severe weather, landslides or mud slides, drought, earthquake, volcanic activity, tsunamis or other oceanic phenomena, spills or releases of oil or hazardous material as defined in ORS § 466. See Oregon Statutes 401.025
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
(2) If the Governor declares a state of emergency under ORS § 401.165, or declares a state of public health emergency under ORS § 433.441, health care facilities designated under ORS § 401.657 and other persons operating emergency health care centers designated under ORS § 401.657 are agents of the state under ORS § 30.260 to 30.300 for the purposes of any claims arising out of services that are provided through those centers or facilities under ORS § 401.651 to 401.670 pursuant to directions from a public body and that are within the course and scope of the duties of the health care facility or other person, without regard to whether the health care facility or other person is compensated for the services.
(3) An emergency health care provider registered under ORS § 401.654 participating in training authorized by the Oregon Health Authority under ORS § 401.651 to 401.670 is an agent of the state under ORS § 30.260 to 30.300 for the purposes of any claims arising out of that training.
(4) The provisions of subsection (2) of this section apply only to emergency health care centers or health care facilities that have adopted emergency operations plans and credentialing plans that govern the use of emergency health care providers registered under ORS § 401.654 and other health care providers who volunteer to perform health care services under ORS § 401.651 to 401.670. An emergency operations plan and a credentialing plan must comply with rules governing those plans adopted by the authority. [2003 c.298 § 7; 2009 c.595 § 230; 2009 c.718 § 9; 2021 c.539 § 84]