73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 1618
 
                         House Bill 2743
 
Sponsored by Representative FLORES (at the request of Oregon
  Litigation Fairness Project)
 
 
                             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.
 
  Provides that civil action may not be brought against person by
reason of sale or prescription of drug or medical device
manufactured and labeled in compliance with terms of approval or
license issued by federal Food and Drug Administration, or
generally recognized as safe and effective pursuant to conditions
established by federal Food and Drug Administration. Specifies
exception.
  Prohibits civil action against person by reason of use of drug
or medical device if harm was risk or side effect of using drug
or medical device, and risk or side effect was fully disclosed by
manufacturer of drug or medical device to federal Food and Drug
Administration.
  Provides that pharmacist is not liable by reason of preparing
or selling drug or medical device if preparation or sale is done
pursuant to prescription issued by physician or other health care
provider with authority to issue prescription.
 
                        A BILL FOR AN ACT
Relating to liability; creating new provisions; and repealing ORS
  30.927.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) Except as provided in subsection (2) of
this section, a civil action may not be brought against any
person by reason of the sale or prescription of a drug or medical
device described in subsection (4) of this section.
  (2) A civil action may be brought against a health practitioner
as described in ORS 31.740 by reason of the sale or prescription
of a drug or medical device described in subsection (4) of this
section if the plaintiff in the action establishes that no
reasonable health practitioner would sell the drug or medical
device, or prescribe the drug or medical device, to any class of
patients.
  (3) A civil action may not be brought against any person by
reason of the use of a drug or medical device described in
subsection (4) of this section if harm claimed by reason of the
use of the drug or medical device was a risk or side effect of
using the drug or medical device, and the risk or side effect was
fully disclosed by the manufacturer of the drug or medical device
to the federal Food and Drug Administration in seeking approval
 
or license for the drug or medical device from the federal Food
and Drug Administration.
  (4) This section applies to a drug or medical device that is:
  (a) Manufactured and labeled in compliance with the terms of an
approval or license issued by the federal Food and Drug
Administration; or
  (b) Generally recognized as safe and effective pursuant to
conditions established by the federal Food and Drug
Administration and applicable regulations, including packaging
and labeling regulations. + }
  SECTION 2.  { + (1) A pharmacist licensed under ORS 689.225 to
689.285 is not liable to any person by reason of preparing or
selling a drug or medical device if the preparation or sale is
done pursuant to a prescription issued by a physician or other
health care provider with authority to issue a prescription.
  (2) This section does not affect the liability of the
pharmacist for negligence in the manner in which a prescription
is prepared. + }
  SECTION 3.  { + Sections 1 and 2 of this 2005 Act apply only to
causes of action arising on or after the effective date of this
2005 Act. + }
  SECTION 4.  { + ORS 30.927 is repealed. + }
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