Bill Text: OR SJR30 | 2013 | Regular Session | Introduced

Oregon Senate Joint Resolution 30 (Prior Session Legislation)

Bill Title: Proposing amendment to Oregon Constitution relating to awards of noneconomic damages in medical liability actions.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SJR30 Detail]

Download: Oregon-2013-SJR30-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

 LC 3191

                   Senate Joint Resolution 30

Sponsored by Senator GIROD; Senators BAERTSCHIGER JR, BOQUIST,
  CLOSE, FERRIOLI, HANSELL, KNOPP, KRUSE, OLSEN, STARR, THOMSEN,
  WHITSETT, WINTERS

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Proposes amendment to Oregon Constitution to limit awards of
noneconomic damages in medical liability actions to $1 million.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.

                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. The Constitution of the State of Oregon is amended
by creating a new section 12 to be added to and made a part of
Article XV, such section to read:
   { +  SECTION 12. (1) Noneconomic damages may not be recovered
in a medical liability action in an amount that exceeds $1
million.
  (2) For the purposes of this section:
  (a) 'Health care provider' means:
  (A) A psychologist;
  (B) An occupational therapist;
  (C) A physician;
  (D) An emergency medical services provider;
  (E) A podiatric physician and surgeon;
  (F) A nurse;
  (G) A nurse practitioner;
  (H) A dentist;
  (I) A dental hygienist;
  (J) A denturist;
  (K) An audiologist or speech-language pathologist;
  (L) An optometrist;
  (M) A chiropractor;
  (N) A naturopath;
  (O) A massage therapist;
  (P) A physical therapist;
  (Q) A medical imaging licensee;
  (R) A pharmacist;
  (S) A physician assistant;
  (T) A direct entry midwife;
  (U) An acupuncturist;
  (V) A polysomnographic technologist;
  (W) A respiratory care practitioner; or
  (X) A dietitian.
  (b) 'Medical liability action' means a civil action against a
health care provider, hospital or other health care facility
based on alleged negligence in providing health care.
  (c) 'Noneconomic damages' means subjective, nonmonetary losses,
including but not limited to pain, mental suffering, emotional
distress, humiliation, injury to reputation, loss of care,
comfort, companionship and society, loss of consortium,
inconvenience and interference with normal and usual activities
apart from compensated employment. + }

  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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