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Emergency Law Inventory | Full Law Text

Law Number

OAR 333-003-0210

Summary Title

Liability: Volunteer Health Care Practitioner

Summary

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.

Full Title

Liability Protection; Workers' Compensation

Full Text

(1) Registrants and volunteers who perform emergency health care services in accordance with ORS 401.651 through 401.670 and these rules are agents of the state under 30.260 through 30.300 for the purposes of any claims arising out of services that are provided under 401.651 through 401.670 and these rules pursuant to directions from a public body and that are within the course and scope of the registrant's or volunteer's duties, without regard to whether the registrant or volunteer is compensated for the services. (2) If the Governor declares an emergency a designated emergency health care center and persons operating a designated emergency health care center are agents of the state under ORS 30.260 through 30.300 for the purposes of any claims arising out of services that are provided through the designated emergency health care center 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) A registrant participating in training authorized by the Oregon Health Authority under ORS 401.651 through 401.670 and OAR 333-003-0140 is an agent of the state under ORS 30.260 through 30.300 for the purposes of any claims arising out of that training. (4) The provisions of section (2) of this rule apply only to a designated emergency health care center that has adopted an emergency operations plan and credentialing plan that governs the use of registrants and volunteers. An emergency operations plan and a credentialing plan must comply with these rules. (5) A registrant shall also be considered a qualified emergency services volunteer under ORS 401.358 through 401.368 for the purpose of receiving workers' compensation coverage if injured in the course and scope of providing emergency health care services. (6) A volunteer must meet the definition of a qualified emergency services volunteer under ORS 401.358 in order to receive workers' compensation coverage under 401.358 through 401.368.