(1) A police officer, physician, naturopathic physician, physician assistant, nurse practitioner, judge, treatment facility, treatment facility staff member or sobering facility that is registered with the Oregon Health Authority under ORS § 430.262 based on a written request for registration received by the authority before January 1, 2016, or the staff of the sobering facility, may not be held criminally or civilly liable for actions pursuant to ORS § 430.315, 430.335, 430.397 to 430.401 and 430.402 provided the actions are in good faith, on probable cause and without malice.

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Terms Used In Oregon Statutes 430.401

  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

(2) A sobering facility registered with the authority under ORS § 430.262 based on a written request for registration received by the authority on or after January 1, 2016, and the staff of the sobering facility, may not be held criminally or civilly liable for actions pursuant to ORS § 430.315, 430.335, 430.397 to 430.401 and 430.402 provided the actions are in good faith, on probable cause and without gross negligence. [Formerly 426.470; 2014 c.45 § 47; 2015 c.730 § 4; 2017 c.356 § 55]

 

See note under 430.397.