(1) To the extent permitted by an order issued under ORS § 442.710, health care providers providing heart and kidney transplant services through a cooperative program approved under ORS § 442.700 to 442.760 may engage in the following practices in order to achieve the goals described in ORS § 442.705 (2):

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(a) Set prices for heart and kidney transplants and all services directly related to heart and kidney transplants;

(b) Refuse to deal with competitors in the heart and kidney transplant market;

(c) Allocate product, service, geographic and patient markets directly relating to heart and kidney transplants;

(d) Acquire and maintain a monopoly in heart and kidney transplant services; and

(e) Engage in other activities that might give rise to liability under ORS § 646.705 to 646.836 or federal antitrust laws.

(2) To the extent permitted by an order issued under ORS § 442.710 and in addition to the provisions of subsection (1) of this section, physicians participating in a cooperative program may agree among themselves on referrals of nontransplant cardiac surgeries to the extent necessary to achieve redistribution of the cardiac surgery cases among participating surgeons.

(3) The Legislative Assembly intends that all persons arranging or participating in a cooperative program approved and conducted in accordance with an order issued under ORS § 442.710 and all persons participating in good faith negotiations conducted pursuant to ORS § 442.750 shall:

(a) Not be subject to the provisions of ORS § 646.705 to 646.836 so long as the activities of the cooperative program are regulated, lawful and approved in accordance with ORS § 442.700 to 442.760 and 646.740; and

(b) Receive the full benefit of state action immunity under federal antitrust laws. [1993 c.769 § 2]