Oregon Law
Law as of Jan 1, 2024
Chapter contents
441.005[Amended by 1971 c.730 §1; 1973 c.840 §1; repealed by 1977 c.751 §57] 441.007[1973 c.840 §2; repealed by 1977 c.751 §39] 441.010[Amended by 1971 c.730 §3; 1973 c.840 §3; 1977 c.751 §18; renumbered 442.300] 441.015Licensing of facilities and health maintenance organizations; compliance with rules and standards 441.017[1981 c.231 §2; 1987 c.753 §1; 2009 c.595 §719; repealed by 2009 c.792 §49] 441.020Application; fees; rules 441.021Additional fees for investigation and compliance activities 441.022Factors to be considered in licensing 441.025License issuance; rules; renewal; disclosure; transfer; posting 441.026Licensing of extended stay centers; rules 441.030Denial, suspension or revocation of licenses; restrictions on admission; penalties 441.035[Amended by 1959 c.222 §2; 1959 c.466 §1; 1971 c.730 §9; repealed by 1971 c.734 §21] 441.037Hearings; procedures; judicial review 441.038Additional remedies 441.040[Amended by 1959 c.222 §3; 1971 c.730 §10; repealed by 1971 c.734 §21] 441.044Complaints about standard of care in facility; retaliation prohibited; rules 441.045[Amended by 1959 c.222 §4; 1959 c.466 §2; 1971 c.730 §11; repealed by 1971 c.734 §21] 441.046Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident; rules 441.047Requirement to provide resident with information about Long Term Care Ombudsman services 441.048Discrimination based on execution of POLST, advance directive or similar instruction prohibited 441.049Support persons for patients with disabilities 441.050[Amended by 1971 c.730 §12; 1973 c.840 §8; 1977 c.751 §22; 1987 c.428 §8; 2001 c.900 §166; 2009 c.595 §725; renumbered 441.038 in 2019] 441.051Discharge of patient to care of lay caregiver 441.052Provision of opioid reversal medication upon discharge or release from hospital 441.053Release of patient presenting with behavioral health crisis 441.054Discharge of patients receiving mental health treatment 441.055Health care facility medical staff and bylaws; rules 441.056Credentialing telemedicine providers; rules 441.057[1975 c.360 §2; 1981 c.336 §1; 1987 c.428 §10; 2001 c.609 §16; 2001 c.900 §168; 2009 c.595 §727; 2009 c.792 §59; 2017 c.101 §13; 2018 c.61 §16; renumbered 441.044 in 2019] 441.058[1977 c.532 §2; 1979 c.168 §1; repealed by 1983 c.781 §8] 441.059Access to previous X-rays and reports by patients of chiropractic physicians 441.060Inspections; approval of plans and specifications; rules; fees 441.061Delegation of health inspections to local public health authorities; financial assistance 441.062Coordination of inspections; rules 441.063Use of facilities by licensed podiatric physicians and surgeons; regulation of admission and conduct 441.064Use of facilities by nurse practitioners and physician assistants; rules regarding privileges and credentialing 441.065Exemption of certain religious institutions 441.067Inspection reports, complaint procedures and rules; posting 441.068Hospital policies and procedures for dispensing HIV post-exposure prophylaxis drugs or therapies 441.070[Amended by 1959 c.222 §5; repealed by 1971 c.730 §25] 441.073Rules regarding staff ratio in long term care facilities; variances; posting 441.075[Amended by 1969 c.314 §44; repealed by 1971 c.730 §25] 441.077Revocation of license and other penalties for imposing restrictions upon certain physicians; construction of section 441.078Disability discrimination prohibited in provision or insurance coverage of organ transplantation 441.079Eye, organ and tissue transplants 441.080[Repealed by 1971 c.730 §25] 441.081[1979 c.680 §2; repealed by 1981 c.784 §38] 441.082Registration of organ procurement organization, tissue bank and eye bank; rules; penalties 441.083Drug information to be provided patients of long term and intermediate care facilities 441.084Choice of patient on suppliers of drugs and supplies 441.085[1971 c.730 §2; 1973 c.840 §13; 1977 c.751 §26; 1987 c.428 §15; 2001 c.900 §171; 2009 c.595 §731; repealed by 2009 c.792 §49] 441.086Ambulatory surgical centers; rules 441.087General inspection of long term care facility 441.089Application of Health Care Quality Improvement Act of 1986 441.090[1971 c.730 §15; 1973 c.358 §6; 1973 c.840 §14; 1975 c.485 §1; 1977 c.751 §28; renumbered 442.320] 441.092[1975 c.485 §4; 1977 c.751 §29; renumbered 442.330] 441.094Denial of emergency medical services because of inability to pay prohibited 441.095[1971 c.730 §16; 1973 c.358 §7; 1973 c.840 §15; 1975 c.485 §2; 1977 c.751 §30; renumbered 442.340] 441.096Identification badges 441.097[1987 c.428 §2c; repealed by 2001 c.900 §261] 441.098Health practitioner referral of patient to treatment or diagnostic testing facility; definitions for ORS 441.098, 441.099 and 441.991; rules 441.099Health Licensing Office to ensure compliance with ORS 441.098 441.100[1981 c.534 §1; 1985 c.153 §1; 2007 c.21 §3; 2013 c.717 §1; 2015 c.839 §3; renumbered 441.402 in 2015] 441.101Safeguards for protected health information; rules 441.103[1981 c.534 §2; 1985 c.153 §2; 2013 c.717 §2; renumbered 441.403 in 2015] 441.105[Amended by 1955 c.464 §1; 1965 c.308 §1; repealed by 1971 c.730 §25] 441.107[1981 c.534 §3; renumbered 441.404 in 2015] 441.109[1981 c.534 §4; 1985 c.153 §3; 2001 c.900 §172; 2009 c.768 §32; 2013 c.717 §3; 2014 c.117 §10; renumbered 441.406 in 2015] 441.110[Amended by 1955 c.464 §2; 1965 c.308 §2; repealed by 1971 c.730 §25] 441.111Definitions 441.112Discrimination based on actual or perceived sexual orientation, gender identity, gender expression or HIV status 441.113[1981 c.534 §5; 2013 c.717 §4; renumbered 441.407 in 2015] 441.114Protection of resident records; consent required for nontherapeutic examination, observation or treatment; access to transgender-related treatment 441.115[Amended by 1965 c.308 §3; 1969 c.314 §45; repealed by 1971 c.730 §25] 441.116Training required; rules 441.117[1981 c.534 §6; 2001 c.104 §179; 2003 c.86 §13; 2013 c.717 §5; renumbered 441.408 in 2015] 441.118Training required for entities that contract with care facilities to provide services or supports to residents 441.119Exemptions 441.120[Repealed by 1971 c.730 §25] 441.121[1981 c.534 §7; 2013 c.717 §6; renumbered 441.409 in 2015] 441.122Rules 441.124[1981 c.534 §8; 2003 c.14 §253; 2013 c.717 §7; renumbered 441.411 in 2015] 441.125[Amended by 1955 c.464 §3; 1971 c.730 §18; repealed by 1977 c.751 §39] 441.127[1981 c.534 §9; 2013 c.717 §8; renumbered 441.412 in 2015] 441.130[Amended by 1955 c.464 §4; 1971 c.730 §19; repealed by 1977 c.751 §39] 441.131[1981 c.534 §10; 1985 c.153 §4; 2013 c.717 §9; renumbered 441.413 in 2015] 441.133[1981 c.534 §11; 2013 c.717 §10; renumbered 441.414 in 2015] 441.135[Amended by 1955 c.464 §5; 1965 c.308 §4; 1971 c.730 §20; repealed by 1977 c.751 §39] 441.137[1985 c.153 §6; 1989 c.224 §93; 2007 c.70 §240; 2009 c.421 §1; 2013 c.717 §11; 2014 c.117 §11; renumbered 441.416 in 2015] 441.140[Amended by 1955 c.464 §6; 1971 c.730 §21; 1977 c.751 §31; renumbered 442.350] 441.142[1985 c.153 §11; 2013 c.717 §12; renumbered 441.417 in 2015] 441.145[Amended by 1955 c.464 §7; 1965 c.308 §5; 1965 c.439 §5; 1971 c.730 §22; repealed by 1977 c.751 §39] 441.146[1995 c.789 §1; 2013 c.717 §13; renumbered 441.418 in 2015] 441.147[1985 c.153 §§8,9,10; repealed by 2013 c.717 §18] 441.150[Amended by 1971 c.730 §23; repealed by 1977 c.751 §39] 441.151[Formerly 441.160; 2023 c.507 §1; renumbered 441.760 in 2023] 441.152[2015 c.669 §2; 2023 c.507 §25; renumbered 441.761 in 2023] 441.153[1985 c.153 §14(3); 2001 c.716 §29; 2013 c.717 §14; 2014 c.117 §12; renumbered 441.419 in 2015] 441.154[2015 c.669 §1; 2023 c.507 §13; renumbered 441.762 in 2023] 441.155[Formerly 441.162; 2023 c.507 §14; renumbered 441.763 in 2023] 441.156[2015 c.669 §5; 2023 c.507 §16; renumbered 441.764 in 2023] 441.157[2015 c.669 §9; 2021 c.338 §4; repealed by 2023 c.507 §32] 441.160[2001 c.609 §1; renumbered 441.151 in 2015] 441.162[2001 c.609 §2; 2005 c.665 §2; 2015 c.669 §4; renumbered 441.155 in 2015] 441.164[2001 c.609 §3; 2009 c.595 §733; 2015 c.669 §12; 2023 c.507 §23; renumbered 441.778 in 2023] 441.165[2015 c.669 §5a; 2021 c.248 §1; 2023 c.507 §24; renumbered 441.769 in 2023] 441.166[2001 c.609 §4; 2005 c.665 §1; 2009 c.595 §734; 2015 c.669 §6; renumbered 441.770 in 2023] 441.168[2001 c.609 §5; renumbered 441.772 in 2023] 441.169[2015 c.669 §7; renumbered 441.785 in 2023] 441.170[2001 c.609 §6; 2009 c.595 §735; 2015 c.669 §13; renumbered 441.175 in 2015] 441.171[2015 c.669 §10; 2023 c.199 §1; 2023 c.507 §18; renumbered 441.791 in 2023] 441.172[2001 c.609 §9; renumbered 441.179 in 2015] 441.173[2015 c.669 §8; 2023 c.507 §26; renumbered 441.780 in 2023] 441.174[2001 c.609 §10; renumbered 441.181 in 2015] 441.175[Formerly 441.170; 2023 c. 507 §19; renumbered 441.793 in 2023] 441.176[2001 c.609 §11; renumbered 441.183 in 2015] 441.177[2015 c.669 §11; 2023 c.507 §21; renumbered 441.783 in 2023] 441.178[2001 c.609 §12; 2001 c.609 §12a; renumbered 441.184 in 2015] 441.179Definitions for ORS 441.179 to 441.186 441.180[2001 c.609 §13; 2009 c.595 §736; 2015 c.669 §15; renumbered 441.185 in 2015] 441.181Retaliation prohibited 441.182[2001 c.609 §14; renumbered 441.186 in 2015] 441.183Remedies for retaliation 441.184Unlawful employment practices; civil action for retaliation 441.185Hospital posting of notice 441.186Rights, privileges or remedies of nursing staff 441.192Notice of employment outside of hospital 441.195[1957 s.s. c.13 §1; renumbered 440.305] 441.196[2015 c.466 §2; renumbered 441.054 in 2019] 441.198[2015 c.263 §2; renumbered 441.051 in 2019] 441.200[1957 s.s. c.13 §2; renumbered 440.310] 441.205[Amended by 1969 c.343 §1; renumbered 440.315] 441.210[Amended by 1969 c.343 §2; 1971 c.727 §114; renumbered 440.320] 441.215[Repealed by 1957 s.s. c.13 §4 (441.216 enacted in lieu of 441.215)] 441.216[1957 s.s. c.13 §5 (enacted in lieu of 441.215); 1969 c.343 §3; repealed by 1971 c.727 §203] 441.220[Amended by 1969 c.343 §4; repealed by 1971 c.727 §203] 441.221Advisory Committee on Physician Credentialing Information; membership; terms 441.222Committee recommendations 441.223Implementation of committee recommendations; rules 441.224[2013 c.603 §2; repealed by 2021 c.50 §1] 441.225[Repealed by 1971 c.727 §203] 441.226[2013 c.603 §3; repealed by 2021 c.50 §1] 441.227[1965 c.403 §2; 1969 c.343 §5; repealed by 1971 c.727 §203] 441.228[2013 c.603 §4; repealed by 2021 c.50 §1] 441.229[2013 c.603 §5; repealed by 2021 c.50 §1] 441.230[Amended by 1965 c.403 §3; 1969 c.343 §6; repealed by 1971 c.727 §203] 441.232[2013 c.603 §7; repealed by 2021 c.50 §1] 441.233[2013 c.603 §6; 2017 c.101 §34; 2017 c.384 §7; repealed by 2021 c.50 §1] 441.235[Amended by 1969 c.343 §7; repealed by 1971 c.647 §149 and 1971 c.727 §203] 441.240[Amended by 1959 c.69 §1; repealed by 1971 c.647 §149] 441.245[Repealed by 1957 s.s. c.13 §8] 441.250[Repealed by 1971 c.647 §149] 441.255[Repealed by 1971 c.647 §149 and 1971 c.727 §203] 441.260[Amended by 1969 c.343 §8; repealed by 1971 c.727 §203] 441.265[Repealed by 1971 c.647 §149 and 1971 c.727 §203] 441.270[Amended by 1969 c.343 §9; repealed by 1971 c.727 §203] 441.275[Amended by 1969 c.343 §10; repealed by 1971 c.727 §203] 441.277Definitions for ORS 441.277 to 441.323 441.280[Amended by 1969 c.343 §11; 1971 c.727 §117; renumbered 440.325] 441.281Petition for appointment of trustee; hearing; order 441.285[Amended by 1969 c.343 §12; repealed by 1969 c.343 §28; amended by 1969 c.669 §8; 1973 c.796 §61; renumbered 440.330] 441.286Grounds for appointment of trustee 441.289Powers and duties of trustee 441.290[Renumbered 440.335] 441.293Liability to trustee for goods and services after notice; effect of nonpayment 441.295[Amended by 1969 c.343 §§13,27; 1969 c.344 §6; 1971 c.403 §7; renumbered 440.340] 441.296Liability for rent or contracts 441.300[Amended by 1969 c.343 §14; repealed by 1969 c.343 §29 and 1969 c.345 §20] 441.301Payment of expenses when income inadequate 441.303Establishment of Facility Fund; fees from facilities in addition to license or application fee; use of fees 441.305[Amended by 1969 c.343 §15; 1971 c.647 §79; renumbered 440.350] 441.306Compensation of trustee 441.307[1957 s.s. c.13 §7; 1969 c.343 §16; repealed by 1971 c.647 §149] 441.308[Repealed by 1957 s.s. c.13 §8] 441.309Trustee as public employee 441.310[Amended by 1959 c.616 §1; 1969 c.343 §17; repealed by 1971 c.647 §149] 441.312License renewal of facility placed in trust 441.315[Amended by 1971 c.647 §80; renumbered 440.355] 441.316Termination of trust; extension; license revocation 441.318Trustee accounting; deficiencies; lien 441.320[Amended by 1967 c.37 §1; 1967 c.353 §1; 1971 c.89 §1; 1971 c.727 §118; renumbered 440.360] 441.323Effect of trust or temporary management on prior obligations or civil or criminal liabilities 441.325[Renumbered 440.365] 441.330[Renumbered 440.370] 441.331Definition of “facility” for ORS 441.331 to 441.341 441.333Appointment of temporary manager 441.335[Amended by 1963 c.9 §25; 1969 c.343 §18; renumbered 440.375] 441.336Accounting by temporary manager; deficiencies; lien 441.338Temporary manager as agent of state agency 441.340[Repealed by 1971 c.647 §149] 441.341Rules 441.345[Amended by 1969 c.2 §1; 1969 c.343 §19; 1969 c.694 §7; 1971 c.36 §4; renumbered 440.380] 441.350[Amended by 1969 c.343 §20; renumbered 440.385] 441.355[Renumbered 440.390] 441.357Definitions for ORS 441.357 to 441.367 441.360[Amended by 1963 c.9 §26; 1969 c.694 §8; renumbered 440.395] 441.362Notice by Department of Human Services prior to move or termination; hearing; consent to move; who may consent 441.365[Amended by 1961 c.396 §1; 1969 c.343 §20a; 1969 c.694 §9; 1971 c.36 §5; 1973 c.284 §3; renumbered 440.400] 441.367Facility required to give notice of base rate and policy on nonpayment; rules; notice of changes; civil penalty 441.370[Amended by 1969 c.343 §21; renumbered 440.405] 441.373Admission to or removal from long term care facility, residential care facility or adult foster home of person convicted of sex crime 441.375[Amended by 1973 c.284 §4; renumbered 440.410] 441.380[Amended by 1969 c.343 §22; repealed by 1971 c.727 §203] 441.385[Amended by 1969 c.343 §23; repealed by 1971 c.727 §203] 441.390[Amended by 1969 c.343 §24; repealed by 1971 c.727 §203] 441.395[Subsection (2) enacted as 1957 c.584 §1; repealed by 1969 c.343 §30] 441.400[Amended by 1969 c.343 §25; repealed by 1971 c.727 §203] 441.402Definitions for ORS 441.402 to 441.419 441.403Office of Long Term Care Ombudsman; terms; appointment; confirmation; qualifications 441.404Funding of office 441.405[Amended by 1969 c.343 §26; repealed by 1971 c.727 §203] 441.406Duties of ombudsman; rules 441.407Procedures to maintain confidentiality 441.408Right of entry into facilities and access to records 441.409Report after investigation; referral to other agencies 441.410[Repealed by 1971 c.727 §203] 441.411Notice of complaint procedures; posting 441.412Immunity of employees 441.413Appointment of designees; qualifications; duties 441.414Effect of ORS 441.402 to 441.419 on right to visitors 441.415[1973 c.837 §2; 1977 c.751 §40; renumbered 442.400] 441.416Residential Ombudsman and Public Guardianship Advisory Board; appointment; confirmation; term; qualifications 441.417Duties 441.418Appeal to Residential Ombudsman and Public Guardianship Advisory Board 441.419Long Term Care Ombudsman Account 441.420[1973 c.837 §1; 1977 c.751 §41; renumbered 442.405] 441.425[1973 c.837 §3; repealed by 1977 c.751 §57] 441.427Training on caring for LGBTQIA2S+ residents and residents living with HIV 441.430[1973 c.837 §4; repealed by 1977 c.751 §57] 441.435[1973 c.837 §6; 1977 c.751 §42; renumbered 442.420] 441.440[1973 c.837 §7; renumbered 442.425] 441.445[1973 c.837 §8; renumbered 442.430] 441.460[1973 c.837 §9; 1977 c.751 §43; renumbered 442.435] 441.465[1973 c.837 §10; renumbered 442.440] 441.470[1973 c.837 §11; repealed by 1977 c.751 §57] 441.475[1973 c.837 §5; repealed by 1977 c.751 §57] 441.480[1973 c.837 §12; renumbered 442.445] 441.505[Subsection (2) enacted as 1957 c.584 §2; 1967 c.498 §5; renumbered 440.505] 441.510[Renumbered 441.810] 441.515[1971 c.166 §1; renumbered 441.815] 441.525Definitions for ORS 441.525 to 441.595 441.530Policy 441.532Municipalities authorized to create authority; issuance of obligations; conditions; purpose of authority 441.535Procedure to create public authority 441.540Board of directors; rules; conflict of interest; quorum; personnel 441.545Authority may not levy taxes 441.550General powers 441.555Issuance of revenue obligations; nature of obligation; refunding 441.560Borrowing; bond anticipation notes 441.565Obligations of authority not obligations of municipality 441.570Payment of principal and interest 441.575Authorities may act jointly 441.580Authority as public body; tax status of assets, income and bonds 441.585Disposition of excess earnings; disposition of assets on dissolution 441.590Authority granted by ORS 441.525 to 441.595 441.595Construction of ORS 441.525 to 441.595 441.600Definitions for ORS 441.600 to 441.625 441.605Legislative declaration of rights intended for residents 441.610Nursing home patients’ bill of rights; rules 441.612Additional rights; rules 441.615Powers and responsibilities of department; rules 441.620Disclosure of business information required 441.623[1987 c.428 §1; repealed by 2001 c.900 §261] 441.624Purpose 441.625Retaliation against resident exercising rights prohibited 441.630Definitions for ORS 441.630 to 441.680 441.635Legislative finding 441.637Rules; submission of rules to advisory group 441.640Report of suspected abuse of resident required 441.645Oral report to area agency on aging, department or law enforcement agency 441.650Investigation of abuse complaint; initial status report; content; distribution of report; duties of investigator; investigation report 441.655Immunity for reporter of abuse 441.659Disclosure of protected health information to law enforcement 441.660Photographing resident; photograph as record 441.665Record of reports; classification of investigation report 441.670[1979 c.770 §9; repealed by 1981 c.470 §1 (441.671 enacted in lieu of 441.670)] 441.671Confidentiality of reports; when available 441.674Specified evidentiary privileges inapplicable 441.675General evidentiary privileges inapplicable 441.676Investigation of licensing violations; powers of investigator 441.677Letter of determination; determination rules; distribution of letter; notice to nursing assistant; right to contested case hearing; rules 441.678Review of finding that nursing assistant responsible for abuse; name placed in registry 441.679Preemployment inquiries; when employment prohibited 441.680Spiritual healing alone not considered abuse of resident 441.685Monitors; designation; duties; peer review of facilities 441.690Complainant may accompany investigator 441.695Conduct of investigation 441.697Prescribed drug supply for unscheduled therapeutic leave from long term care facility; dispensing of drugs by registered nurse 441.698Provision of opioid reversal medication and supplies upon discharge or transfer of resident who received addiction treatment 441.700Access to facilities by persons providing services 441.703Complaint file; summary; availability on request 441.704[1983 c.484 §1; repealed by 1985 c.647 §3] 441.705Definitions for ORS 441.705 to 441.745 441.710Civil penalties; when imposed 441.712Notice of civil penalty 441.715Criteria for civil penalties; rules 441.720Remittance or reduction of penalties 441.725[1975 c.328 §4; 1985 c.648 §3; 1987 c.428 §40; repealed by 1993 c.759 §19] 441.726Progressive enforcement process 441.730[1975 c.328 §5; repealed by 1977 c.261 §11] 441.731Civil penalties 441.735[1975 c.328 §6; 1977 c.261 §10; 1989 c.706 §13; repealed by 1991 c.734 §122] 441.736License conditions 441.740Judicial review 441.745Penalties to Quality Care Fund 441.750Suicide attempts by minors; referral; report; disclosure of information; limitation of liability 441.755Report form; contents 441.760Definitions 441.761Nurse Staffing Advisory Board 441.762Hospital nurse staffing committee 441.763Written staffing plan for nursing services 441.764Annual review of nurse staffing plan 441.765Staffing ratios for direct care registered nurses 441.766Exceptions to direct care registered nurse staffing ratios 441.767Staffing plans for psychiatric units 441.768Staffing ratios for certified nursing assistants 441.769Modification of nurse staffing plan in case of emergency or epidemic 441.770Need for replacement staff 441.772Leaving a patient care assignment 441.775Hospital professional and technical staffing committee 441.776Hospital service staffing committee 441.777Combining staffing committees 441.778Variances to staffing plan requirements 441.780Hospital to maintain records 441.783Information to be posted to Oregon Health Authority’s website 441.785Public notice 441.790Process for filing complaint 441.791Process for investigating and resolving complaints 441.792Disposition of complaints 441.793Penalties 441.795Limitations on rulemaking authority of Oregon Health Authority 441.810[Formerly 441.510; repealed by 1979 c.284 §199] 441.815Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited; rules 441.816Influenza vaccines for patients 65 years of age or older; rules 441.820Procedure for termination of physician’s privilege to practice medicine at health care facility; immunity from damage action for good faith report 441.825Authority of hospital to require medical staff to provide professional liability insurance 441.827[1991 c.774 §§1,2; renumbered 676.300 in 2003] 441.840[1987 c.670 §1; repealed by 1989 c.800 §8] 441.990Civil and criminal penalties 441.991Civil penalty for violation of ORS 441.098 441.992Civil penalty for violation of ORS 441.048 or 441.049 441.993Civil penalties and administrative actions 441.995[1993 c.759 §10(3),(4),(5),(6); 2005 c.22 §299; 2009 c.837 §23; repealed by 2017 c.679 §46]

Chapter 441 — Health Care Facilities

ORS 441.309 Trustee as public employee

(1)

In any action or special proceeding brought against a trustee in the trustee’s official capacity for acts committed while carrying out the powers granted and duties imposed by ORS 441.277 to 441.323, the trustee shall be considered a public employee.

(2)

A trustee may be held liable in a personal capacity only for the trustee’s own gross negligence, intentional acts or breach of fiduciary duty.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.