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Liability

Title

Profession

Summary

Liability: Emergency Transportation

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual who provides emergency transportation to a person in need of immediate medical care from a place where emergency medical care is not regularly available will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness or intent to cause harm or if the transported person refused such assistance.,

ORS 30.807

Liability: Removal Disaster Debris or Wreckage

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, an individual who enters private lands or waters to participate in debris removal efforts at the direction of the governor will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

ORS 401.178

Liability: Emergency or Volunteer Health Care Provider

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, an emergency health care provider and a volunteer health care provider, who, acting within the scope of their duties, perform health care services, including trainings, under the direction of a government official will not be held legally responsible.,

ORS 401.667

Liability: Volunteer Health Care Practitioner

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, a volunteer health care practitioner who performs emergency health care services at a designated emergency health care center and who is not included in the Health Care Provider Registry will not be held legally responsible for providing care that is within the scope of their official duties. They are entitled to workers’ compensation if they register, in writing, with the Office of Emergency Management or other public body to perform emergency service activities during the emergency or if they are a member of the Oregon State Defense Force.,

OAR 333-003-0210

Liability: Volunteer Transportation

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who, voluntarily, without compensation, and with a valid Oregon driver’s license, provides transportation services to a person or persons with a disability or over the age of 55, will not be held legally responsible for injury, death, or damage to property of passengers in an amount greater than the individual’s motor vehicle liability insurance policy or $300, 000 (whichever is more). They can be found legally responsible if driving drunk or acting with extreme carelessness or intent to cause harm.,

ORS 30.480

Liability: Training, Assistance, or Advice Provided to Hazardous Materials Person

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who, voluntarily and without compensation, provides training, assistance, or advice regarding compliance with laws to a person who is responsible for the creation of hazardous waste, will not be held legally responsible for the actions of the hazardous materials person. They can be held legally responsible if they were in some way responsible for the harm or damage caused or if they acted with extreme carelessness or intent to cause harm.,

ORS 30.505

Liability: Volunteer Emergency Medical Services Provider

Emergency Medical Services Professional,

An emergency medical services provider, who, voluntarily and without compensation, provides emergency medical services, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

ORS 30.803

Liability: Individual Acting Under Direction of State Fire Marshal

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual who responds to an actual or threatened structural collapse under the direction of the State Fire Marshal will not be held legally responsible for injury or damage to property. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

ORS 401.940

Liability: Donor of Merchandise

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who, in good faith, donates general merchandise or household items to a charity or nonprofit organization will not be held legally responsible for the condition of the items donated. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

ORS 30.892(1)

Liability: Volunteer Providing Assistance During Hazardous Material Discharge

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who, voluntarily and without compensation, provides assistance or advice related to mitigating, preventing, or cleaning up a discharge of hazardous materials, will not be held legally responsible for acting or failing to act. They can be held legally responsible if they were responsible for the actual or imminent discharge or if acting with extreme carelessness or intent to cause harm.,

ORS 30.492

Liability: Providing Opioid Antagonist Treatment

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who has been trained to recognize the signs and symptoms of opiate overdose, trained in various treatments related to opiate overdose, and who, in good faith, provides an opioid antagonist or other appropriate treatment to an individual believed to be suffering an opiate-related overdose, will not be held legally responsible for acting or for failing to act. They can be held legally responsible if acting with intent to cause harm.,

ORS 689.681

Powers, Duties, Rights, Privileges, and Immunities: Individuals Acting Under Direction of State Fire Marshal Providing Aid in Another Jurisdiction

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who is assigned to respond to an actual or threatened structural collapse outside of their normal jurisdiction, will have the same powers, duties, rights, privileges, and immunities as in their home jurisdiction.,

ORS 401.932

Liability: Emergency Medical Assistance by Government Personnel

Other Volunteer, Governmental Public Health Official,

A government official, who, in good faith, provides emergency medical assistance within the scope of their official duties and at a place where emergency medical care is not regularly available, will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness or intent to cause harm or if the medical care was provided despite being refused.,

ORS 30.805

Good Samaritan Law: Veterinarian Providing Emergency Treatment

Veterinarian,

A veterinarian or veterinary technician, who is unable to contact the owner of a seriously injured or seriously ill animal brought before them for care and who provides emergency treatment or euthanasia to the animal, will not be held legally responsible for acting or for failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.,

ORS 686.440

Liability: Volunteer Health Care Provider

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A health care provider, who, voluntarily, without compensation, and within the scope of their volunteer duties, provides assistance, services, or advice through a charitable organization, will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

ORS 30.792

Good Samaritan Law

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who, in good faith, voluntarily, and without compensation, provides emergency medical assistance in a place not near a health care facility will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.,

ORS 30.800

Liability: Use of an AED

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual who uses, attempts to use, does not use an AED, or who provides training regarding the use of an AED will not be held legally responsible for any injury, death, or damage that results. They can be held legally responsible if acting with extreme carelessness, intent to cause harm, or if they attempted to use the AED or did not use the AED at a location where emergency medical care is regularly available.,

ORS 30.802

Liability: Architect, Engineer, or Building Evaluator

Other Volunteer,

When an emergency declaration is in effect, an architect or engineer licensed in any state, or other type of building evaluator, who, without compensation, provides architectural services, engineering services, building code inspections, post-disaster building evaluations, or plan reviews based on their professional qualifications, will not be held legally responsible for acting or failing to act. They can be held legally responsible for acting with extreme carelessness or intent to cause harm. This section is limited to up to 60 days after the declaration.,

ORS 30.788

Liability: Search and Rescue Volunteer

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A search and rescue volunteer who, acting within the scope of their duties, participates in search and rescue activities under the direction of a sheriff, will not be held legally responsible for acting or failing to act.,

ORS 404.210

Liability: Food Donation

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual who, in good faith, donates food to a charity or nonprofit organization, will not be held legally responsible for the condition of the food. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

ORS 30.890(1)

Liability: Emergency Service Volunteer

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, an emergency service volunteer who, acting within the scope of their duties, participates in emergency service activities, including trainings, under the direction of a government official will not be held legally responsible.,

ORS 401.364

License Reciprocity

Title

Profession

Summary

License Reciprocity: Health Care Providers During Emergency

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, an out-of-state licensed health care provider who has a provider identification card issued by the Oregon Health Authority and who, if required, has received training and completed a criminal background check, can provide health care without obtaining a license in Oregon to the same extent as they could in their home state.,

ORS 401.655

Powers, Duties, Rights, Privileges, and Immunities: Individuals Acting Under Direction of State Fire Marshal Providing Aid in Another Jurisdiction

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who is assigned to respond to an actual or threatened structural collapse outside of their normal jurisdiction, will have the same powers, duties, rights, privileges, and immunities as in their home jurisdiction.,

ORS 401.932

License Reciprocity: Retired and Former Health Care Provider During Emergency

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, a former health care provider who signed up with the Oregon Health Authority’s emergency health care provider registry within 10 years of last being licensed or certified can provide health care services without a current license or certification.,

ORS 401.658

Scope of Practice

Title

Profession

Summary

Scope of Practice: Pharmacist Can Dispense, Initiate, or Modify Treatment During Emergency

Pharmacist,

When an emergency declaration is in effect, a pharmacist can dispense up to a 30 day refill of a prescription drug without a valid prescription if they believe that drug is essential to the patient’s health and they inform the patient of the need for prescriber authorization to obtain more than the 30 day supply. A pharmacist can also initiate or modify drug therapy, after consulting with a provider, and dispense an appropriate amount of the drug if the pharmacist believes the drug is essential to the patient’s health, and they inform the patient of the need for prescriber authorization to obtain more.,

OAR 855-007-0090

Scope of Practice: Emergency Health Care Provider

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, an emergency health care provider, with the Oregon Health Authority’s emergency health care provider registry, can provide medical evaluation and referral treatment, prepare patients for transportation, and provide other health care services at any emergency health care center or facility.,

ORS 401.661(3)

Scope of Practice: Health Care Practitioners Volunteer

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, a volunteer health care provider, who is not included in the Health Care Provider Registry, can provide emergency health care services at a designated emergency health care center.,

OAR 333-003-0120

Powers, Duties, Rights, Privileges, and Immunities: Individuals Acting Under Direction of State Fire Marshal Providing Aid in Another Jurisdiction

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who is assigned to respond to an actual or threatened structural collapse outside of their normal jurisdiction, will have the same powers, duties, rights, privileges, and immunities as in their home jurisdiction.,

ORS 401.932

Scope of Practice: Pharmacist During Public Health Emergency

Pharmacist,

When a public health emergency declaration or disease outbreak warning is in effect, and where the Governor or Public Health Director authorizes reducing the age limit on persons eligible to receive vaccines, a pharmacist can administer a vaccine to an individual at least 3 years of age.,

OAR 855-019-0280

Workers' Benefits

Title

Profession

Summary

Workers’ Compensation: Search and Rescue Volunteer

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A search and rescue volunteer who participates in search and rescue activities under the direction of a sheriff is entitled to workers’ compensation.,

ORS 404.215

Powers, Duties, Rights, Privileges, and Immunities: Individuals Acting Under Direction of State Fire Marshal Providing Aid in Another Jurisdiction

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who is assigned to respond to an actual or threatened structural collapse outside of their normal jurisdiction, will have the same powers, duties, rights, privileges, and immunities as in their home jurisdiction.,

ORS 401.932

Workers’ Benefits: Certified Disaster Service Volunteer

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional, Minor or Student,

Upon request from the American Red Cross, a state employee who is a certified disaster service volunteer can obtain paid leave from their place of employment for up to 15 days per year to participate in specialized disaster relief services with the American Red Cross in Oregon. They will not lose seniority, vacation time, sick time, or accrued overtime as a result of volunteering. This section applies to level II disasters and above, as designated by the American Red Cross' Regulations and Procedures.,

ORS 401.378

Workers’ Benefits: Search and Rescue

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional, Minor or Student,

A public employee who, at the request of a law enforcement agency, the Department of Transportation, the United States Forest Service, or any civil defense organization, participates in a search or rescue operation for up to 5 days is entitled to their regular wages while volunteering. The employer can grant a request for an extension of time spent volunteering.,

ORS 652.250

Workers’ Compensation: Emergency Service Volunteer

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, an emergency service volunteer who provides emergency service activities under the direction of a government official or who participates in training for a disaster scenario is entitled to workers’ compensation through the Office of Emergency Management.,

ORS 401.368

Workers' Benefits: Search and Rescue Activity Leave of Absence

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A search and rescue volunteer, who is authorized to participate in search and rescue activities by a sheriff, is entitled to a leave of absence from their regular employment. They will not have their sick days or vacation days taken away for volunteering, nor will they be removed or fired from their position during the period of absence.,

ORS 404.250

Liability: Volunteer Health Care Practitioner

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, a volunteer health care practitioner who performs emergency health care services at a designated emergency health care center and who is not included in the Health Care Provider Registry will not be held legally responsible for providing care that is within the scope of their official duties. They are entitled to workers’ compensation if they register, in writing, with the Office of Emergency Management or other public body to perform emergency service activities during the emergency or if they are a member of the Oregon State Defense Force.,

OAR 333-003-0210