Punitive damages shall 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 licensed clinical social worker under ORS 675.530, 675.540 to 675.560, 675.580 and 675.585;
(d) A physician under ORS 677.100 to 677.228;
(e) An emergency medical technician under ORS chapter 682;
(f) A podiatric physician and surgeon under ORS 677.820 to 677.840;
(g) A nurse under ORS 678.040 to 678.101;
(h) A nurse practitioner under ORS 678.375 to 678.390;
(i) A dentist under ORS 679.060 to 679.180;
(j) A dental hygienist under ORS 680.040 to 680.100;
(k) A denturist under ORS 680.515 to 680.535;
(L) An audiologist or speech-language pathologist under ORS 681.250 to 681.350;
(m) An optometrist under ORS 683.040 to 683.155 and 683.170 to 683.220;
(n) A chiropractor under ORS 684.040 to 684.105;
(o) A naturopath under ORS 685.060 to 685.110, 685.125 and 685.135;
(p) A massage therapist under ORS 687.021 to 687.086;
(q) A physical therapist under ORS 688.040 to 688.145;
(r) A radiologic technician under ORS 688.445 to 688.525;
(s) A pharmacist under ORS 689.151 and 689.225 to 689.285; or
(t) A physician assistant as provided by ORS 677.505 to 677.525; 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]
(Mitigation of Damages)
Section: Previous 31.700 31.705 31.710 31.715 31.725 31.730 31.735 31.740 31.760 31.800 31.805 31.810 31.815 31.820 31.825 NextLast modified: August 7, 2008