41.685 Inadmissibility of certain data relating to emergency medical services system
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/or/ors-chapter-41/evidence-generally/41-685·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
41.685 Inadmissibility of certain data relating to emergency medical services system.
(1)All data shall be privileged and are not public records as defined in ORS 192.311 and shall not be admissible in evidence in any judicial proceeding except as provided under ORS 676.175. However, nothing in this section affects the admissibility in evidence of a party’s medical records dealing with a party’s medical care.
(2)On request, an emergency medical service provider shall submit data not subject to ORS 676.175 to any committee or governing body of the county, counties or state as provided for by state or county administrative rule.
(3)A person serving on or communicating information to any governing body or committee shall not be examined as to any communication to that body or committee or the findings thereof.
(4)A person serving on or communicating information to any governing body or committee shall not be subject to an action for civil damages for affirmative actions taken or statements made in good faith.
(5)As used in this section:
(a)“Committee or governing body” means any committee or governing body that has authority to undertake an evaluation of an emergency medical services system as part of a quality assurance program and includes any committee of an emergency medical service provider undertaking a quality assurance program.
(b)“Data” means all oral communications or written reports, notes or records provided to, or prepared by or for, a committee or governing body that are part of an evaluation of an emergency medical services system and includes any information submitted by any health care provider relating to training, supervision, performance evaluation or professional competency.
(c)“Emergency medical service provider” means any public, private or volunteer entity providing prehospital functions and services that are required to prepare for and respond to medical emergencies including rescue, ambulance, treatment, communication and evaluation.
(d)“Emergency medical services system” means those prehospital functions and services that are required to prepare for and respond to medical emergencies, including rescue, ambulance, treatment, communication and evaluation. [1989 c.1079 §1; 1997 c.791 §7; 1997 c.792 §30]