OAR 333-003-0210: Volunteer Registry and Volunteers: Liability Protection; Workers' Compensation

(1) Registrants and volunteers who perform services in accordance with ORS 401.651 through 401.670 and these rules are agents of the state under ORS 30.260 through 30.300 for the purposes of any claims arising out of services that are provided under ORS 401.651 through 401.670 and these rules pursuant to directions from a public body and that are within the course and scope of the registrant’s or volunteer's duties, without regard to whether the registrant or volunteer is compensated for the services. (2) If the Governor declares an emergency a designated emergency health care center and persons operating a designated emergency health care center are agents of the state under ORS 30.260 through 30.300 for the purposes of any claims arising out of services that are provided through the designated emergency health care center pursuant to directions from a public body and that are within the course and scope of the duties of the health care facility or other person, without regard to whether the health care facility or other person is compensated for the services. (3) A registrant participating in training authorized by Oregon Health Authority (Authority) under ORS 401.651 through 401.670 and OAR 333-003-0140 is an agent of the state under ORS 30.260 through 30.300 for the purposes of any claims arising out of that training. (4) The provisions of section (2) of this rule apply only to a designated emergency health care center that has adopted an emergency operations plan and credentialing plan that governs the use of registrants and volunteers. An emergency operations plan and a credentialing plan must comply with these rules. (5) A registrant shall be provided workers’ compensation coverage as required by ORS 656.047: (a) The Authority shall provide workers’ compensation coverage for individuals registered under ORS 401.654 who are injured in the course and scope of performing volunteer services if the injury occurs: (A) While the individual is performing services at the direction of the Authority under ORS 401.661; (B) While the individual is engaged in training being conducted or approved by the Authority for the purpose of preparing the individual to perform services; or (C) While the individual is performing services at the direction of the Authority, pursuant to the Emergency Management Assistance Compact and the Pacific Northwest Emergency Management Arrangement, in another jurisdiction where such services are required by reason of an emergency in that jurisdiction. (b) Workers’ compensation coverage shall be provided under this section in the manner provided by ORS 656.039. (6) Individuals registered under ORS 401.654 are officers of the state for purposes of the Emergency Management Assistance Compact. (7) Individuals registered under ORS 401.654 and health care providers who volunteer to perform health care services under ORS 401.661 are agents of the state under ORS 30.260 to 30.300 for the purposes of any claims arising out of services that are provided under ORS 401.661 pursuant to directions from a public body and that are within the course and scope of the individual’s duties, without regard to whether the individual is compensated for the services. (8) If the Governor declares a state of emergency under ORS 401.165, or declares a state of public health emergency under ORS 433.441, individuals registered under ORS 401.654 and health care providers who volunteer to perform health care services under ORS 401.655, 401.656, 401.657 or 401.658 are agents of the state under ORS 30.260 to 30.300 for the purposes of any claims arising out of services that are provided under ORS 401.655, 401.656, 401.657 or 401.658 pursuant to directions from a public body and that are within the course and scope of the individual’s duties, without regard to whether the individual is compensated for the services.