(2) A health care professional meets the requirements of a qualified health care professional for the purposes of ORS 336.485 and 417.875 if the health care professional has a certificate as described in subsection (3) of this section.

(3)(a) A health care professional is eligible to receive a certificate for the purposes of ORS 336.485 and 417.875 if the health care professional successfully completes an online program that:

(A) Is established and maintained by Oregon Health and Science University;

(B) Establishes for health care professionals a foundation of knowledge related to the assessment, diagnosis and management of sports-related concussions; and

(C) Informs health care professionals of:

(i) The requirements imposed by ORS 336.485 and 417.875 and any other related legal requirements; and

(ii) Limitations of the training provided through the online program.

(b) For the online program, the university:

(A) Shall establish the program in consultation with health care professionals and other stakeholders who are appropriately qualified for consultations;

(B) Shall ensure that the program is reviewed at least once every four years by health care professionals and other stakeholders who are appropriately qualified to make the review;

(C) Shall include minimum standards or clinical criteria that are evidence based and that incorporate best practices in relation to the assessment, diagnosis and management of sports-related concussions; and

(D) May charge participants in the program a reasonable fee.

(4) Certificates issued by Oregon Health and Science University under this section are valid for a term of four years. A health care professional may continue to meet the requirements of a qualified health care professional for the purposes of ORS 336.485 and 417.875 by renewing a certificate. The university shall prescribe the requirements for renewal, including requirements for additional training.

(5)(a) Except as provided by paragraph (b) of this subsection, no civil or criminal action, suit or proceeding may be commenced against Oregon Health and Science University, or any board member, officer or employee of the university, as a result of the death or injury of a member of a school athletic team or nonschool athletic team if:

(A) The death or injury is related to a head injury sustained during an athletic event or training; and

(B) The member received a medical release from a health care professional who held a certificate issued under this section.

(b) The civil and criminal immunities imposed by this subsection do not apply to an act or omission that:

(A) Amounts to gross negligence or willful or wanton misconduct; or

(B) Was performed by a board member, officer or employee of the university if the board member, officer or employee was providing health care services as a health care professional when the board member, officer or employee committed the act or omission. [2018 c.121 §3; 2019 c.358 §49]

Note: 336.490 becomes operative July 1, 2020. See section 4, chapter 121, Oregon Laws 2018, as amended by section 50, chapter 358, Oregon Laws 2019.

Note: Section 6, chapter 121, Oregon Laws 2018, provides:

Sec. 6. Not later than December 1, 2021, Oregon Health and Science University shall submit to an interim committee of the Legislative Assembly related to health care a report that provides the number of health care professionals from each profession identified in section 3 (1) of this 2018 Act [336.490 (1)] who successfully completed the online program described in section 3 (3) of this 2018 Act. [2018 c.121 §6]