426.335 Limitations on liability

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

426.335 Limitations on liability. The following limitations on liability are applicable to actions and proceedings within this chapter and ORS 430.397 to 430.401:

(1)The following individuals may not in any way be held criminally or civilly liable for the initiation of commitment procedures under ORS 426.070, provided the individual acts in good faith, on probable cause and without malice:

(a)The community mental health program director or designee of the director.

(b)The two petitioning persons.

(c)The local health officer.

(d)Any magistrate.

(e)Any peace officer or parole and probation officer.

(f)Any licensed independent practitioner attending the person alleged to have a mental illness.

(g)Any licensed independent practitioner associated with the hospital or institution where the person alleged to have a mental illness is a patient.

(2)The community mental health program director or the designee of the director conducting the investigation under ORS 426.070 and 426.074 shall not be held criminally or civilly liable for conducting the investigation, provided the investigator acts in good faith, on probable cause and without malice.

(3)The individual representing the state’s interest under ORS 426.100 shall not be held criminally or civilly liable for performing responsibilities under ORS 426.100 as long as the individual acts in good faith and without malice.

(4)An examiner appointed under ORS 426.110 may not be held criminally or civilly liable for actions pursuant to ORS 426.120 if the examiner acts in good faith and without malice.

(5)A licensed independent practitioner, hospital or judge may not be held criminally or civilly liable for actions pursuant to ORS 426.228, 426.231, 426.232, 426.234 or 426.235 if the licensed independent practitioner, hospital or judge acts in good faith, on probable cause and without malice.

(6)A peace officer, individual authorized under ORS 426.233, community mental health director or designee, hospital or other facility, licensed independent practitioner or judge may not in any way be held criminally or civilly liable for actions pursuant to ORS 426.228 to 426.235 if the individual or facility acts in good faith, on probable cause and without malice.

(7)Any legal guardian, relative or friend of a person with mental illness who assumes responsibility for the person under a conditional release under ORS 426.125 shall not be liable for any damages that result from the misconduct of the person while on conditional release if the legal guardian, relative or friend acts in good faith and without malice.

(8)The individuals designated in this subsection may not be liable for personal injuries or other damages that result from the misconduct of a person with mental illness while the person is on outpatient commitment under ORS 426.127 if the designated individual acts without willful and wanton neglect of duty. This subsection is applicable to all of the following:

(a)The community mental health program director and the designee of the director for the county in which the committed person resides.

(b)The superintendent or director of any staff of any facility where the person with mental illness receives treatment during the outpatient commitment.

(c)The Director of the Oregon Health Authority.

(d)The licensed independent practitioner and the facility providing care or treatment to a person on outpatient commitment.

(9)For trial visits granted under ORS 426.273 and 426.275:

(a)The following individuals and entities may not be liable for a person’s expenses while on trial visit:

(A)The licensed independent practitioner and the facility providing care or treatment to a person on a trial visit;

(B)The superintendent or director of the facility providing care or treatment to a person on a trial visit;

(C)The Director of the Oregon Health Authority; and

(D)The chief medical officer of the facility.

(b)The individuals designated in this paragraph may not be liable for damages that result from the misconduct of a person with mental illness while on trial visit if the designated individual acts without willful and wanton neglect of duty:

(A)The community mental health program director for the county in which the person resides;

(B)The superintendent, director or chief medical officer of any facility providing care or treatment to a patient on a trial visit;

(C)The licensed independent practitioner responsible for the patient’s care or treatment during a trial visit;

(D)The Director of the Oregon Health Authority; or

(E)The employees and agents of individuals or facilities under this paragraph. [Formerly 426.280; 2005 c.264 §21; 2009 c.595 §422; 2013 c.360 §57; 2015 c.461 §19; 2015 c.736 §68]