Chapter 441

ATTY. GEN. OPINIONS: Licensing and phantom beds, (1970) Vol 40, p 171; a hospital’s employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963

      441.015

NOTES OF DECISIONS

      By compelling doctors to review their competitors, Oregon has expressed policy to replace pure competition for purpose of determining whether peer-review activity is exempted from federal antitrust laws. Patrick v. Burget, 800 F2d 1498 (1986)

ATTY. GEN. OPINIONS: Licensing of alcoholism facilities approved for state alcoholism grants by Mental Health Division, (1977) Vol 38, p 1533; regulation of hospitals licensed under this section which provide home health services, (1978) Vol 38, p 1783

      441.030

NOTES OF DECISIONS

      By compelling doctors to review their competitors, Oregon has expressed policy to replace pure competition for purpose of determining whether peer-review activity is exempted from federal antitrust laws. Patrick v. Burget, 800 F2d 1498 (1986)

      441.044

(formerly 441.057)

ATTY. GEN. OPINIONS: Access of Nursing Home Ombudsman and other Governor’s representatives to private nursing homes to investigate and resolve resident complaints, (1980) Vol 41, p 222

      441.055

NOTES OF DECISIONS

      This section does not require hospitals to admit chiropractors or naturopaths to practice or to adopt procedures to allow these practitioners to apply for admission or, if admitted, to allow them staff privileges. Samuel v. Curry County, 55 Or App 653, 639 P2d 687 (1982) Sup Ct review denied

      By compelling doctors to review their competitors, Oregon has expressed policy to replace pure competition for purpose of determining whether peer-review activity is exempted from federal antitrust laws. Patrick v. Burget, 800 F2d 1498 (1986)

      This section does not impose on health care facility or its governing body nondelegable duty to provide quality patient care. Towner v. Bernardo/Silverton Health, 304 Or App 397, 467 P3d 17 (2020), Sup Ct review denied

      441.057

See annotations under ORS 441.044.

      441.125 to 441.150

ATTY. GEN. OPINIONS: Advice by Health Commission to Health Division on allocation of Hill-Burton funds, (1973) Vol 36, p 707

      441.277 to 441.323

LAW REVIEW CITATIONS: 18 WLR 135 (1982)

      441.289

NOTES OF DECISIONS

      Where costs incurred by state court-appointed trustee are not incurred to remedy health or safety law violation, costs were not incurred to benefit or preserve bankruptcy estate and are not entitled to administrative expense priority. In re Allen Care Centers, Inc., 96 F3d 1328 (9th Cir. 1996)

      441.318

NOTES OF DECISIONS

      Where costs incurred by state court-appointed trustee are not incurred to remedy health or safety law violation, costs were not incurred to benefit or preserve bankruptcy estate and are not entitled to administrative expense priority. In re Allen Care Centers, Inc., 96 F3d 1328 (9th Cir. 1996)

      441.525 to 441.595

ATTY. GEN. OPINIONS: Hospital Facility Authority providing nursing home facilities, (1978) Vol 39, p 96

      441.600 to 441.625

NOTES OF DECISIONS

      Discharge of employee for reporting violation of policy to protect patients is discharge for fulfilling societal obligation and is actionable. McQuary v. Bel Air Convalescent Home, Inc., 69 Or App 107, 684 P2d 21 (1984), Sup Ct review denied

      441.630 to 441.685

ATTY. GEN. OPINIONS: Definition of patient abuse, (1980) Vol 40, p 381

      441.670

NOTE: Repealed November 1, 1981; ORS 441.671 enacted in lieu

See annotations under ORS 441.671.

      441.671

ATTY. GEN. OPINIONS

Under former similar statute (ORS 441.670)

      Disclosure of compiled reports and records relating to patient abuse in nursing homes, (1979) Vol 40, p 155

      441.690

LAW REVIEW CITATIONS: 18 WLR 135 (1982)

      441.695

LAW REVIEW CITATIONS: 18 WLR 135 (1982)

      441.731

NOTES OF DECISIONS

      48-hour loss of physical function was not “long-term,” an inexact term that that is more akin to permanent, and therefore did not constitute “serious harm.” Timber Town Living v. Dept. of Human Services, 320 Or App 154, 513 P3d 28 (2022), Sup Ct review denied

      441.810

See annotations under ORS 441.510 in permanent edition.

Correction: The permanent edition citation for Nielson v. Bryson should be 257 Or 179, 477 P2d 714 (1970).

      441.815

LAW REVIEW CITATIONS: 4 EL 454 (1974)