752.045 Rules;reports by commissions; exemption from Insurance Code and Insurance GuarantyAssociation
752.055 Shorttitle
752.005Definitions.(1) For purposes of ORS 752.005 to 752.055, a “qualified member of a profession”means a person:
(a)Who holds a current license, certificate or registration in a profession whichis regulated or governed by a board established by the Legislative Assembly;
(b)Whose principal office is in Oregon;
(c)Who is engaged in the private practice of the profession; and
(d)Who is not exempted by the commission from belonging to a professionalliability fund managed by the commission.
(2)For purposes of subsection (1) of this section, a person is not engaged in theprivate practice of a profession if the person is a full-time employee of acorporation other than a corporation incorporated under ORS chapter 58, thestate, an agency or department thereof, a county, city, special district or anyother public or municipal corporation or any instrumentality thereof. However,a person who practices a profession outside of the person’s full-timeemployment is engaged in the private practice of the profession.
(3)For the purposes of subsection (1) of this section, the principal office of aperson is considered to be the location where the person engages in the privatepractice of a profession more than 50 percent of the time engaged in thatpractice. In the case of a person in a branch office outside Oregon, if themain office to which the branch office is connected is in Oregon, the principaloffice of the person is not considered to be in Oregon unless the personengages in the private practice of a profession in Oregon more than 50 percentof the time engaged in that practice. [1987 c.774 §92]
752.015Determination of need for professional liability fund. (1) If theDirector of the Department of Consumer and Business Services finds, afterhearings, that qualified members of any profession are unable to obtaininsurance for damages arising out of professional negligence or that suchprofessional liability insurance is not available at a reasonable cost to such members,the director may determine that a professional liability fund is necessary. Anysuch fund shall be separate and distinct from the General Fund, and interestearned by the fund shall be credited to the fund.
(2)The director may not make a determination to implement a professional liabilityfund if:
(a)The lack of availability of insurance is due to legitimate insuranceunderwriting considerations, including past claims experience, licensingnoncompliance or inadequate risk management; and
(b)Actuarial studies show that private insurers are adequately setting rates forprofessional liability coverage, that a professional liability fund would notultimately provide insureds lower premiums and that there is not an adequatenumber of potential insureds to fund a professional liability fund.
(3)The director may contract for actuarial studies in order to make thedeterminations required by this section. [1987 c.774 §89; 1989 c.966 §68]
752.025Commission; appointment; membership; term of office. (1) After adetermination of necessity by the director under ORS 752.015, the Governor mayappoint a commission for each professional liability fund that the Director ofthe Department of Consumer and Business Services proposes to implement.
(2)Each commission appointed pursuant to subsection (1) of this section shallconsist of nine individuals appointed by the Governor, subject to confirmationby the Senate in the manner described in ORS 171.562 and 171.565.
(3)Of the members of the commission, six shall be members of the profession andthree shall be lay members.
(4)The term of office of each member is three years but a member serves at thepleasure of the Governor. Before the expiration of the term of a member, theGovernor shall appoint a successor whose term begins on July 1 next following.A member is eligible for reappointment. If there is a vacancy for any cause,the Governor shall make an appointment to become effective for the unexpiredterm upon confirmation by the Senate. [1987 c.774 §§90,91]
752.030 [1975 c.796 §13b;repealed by 1987 c.774 §154]
752.035Professional liability funds; establishment; minimum insurance coverage;authority of commission. A professional liability fund commission appointedpursuant to ORS 752.025 shall establish a professional liability fund forqualified members of the appropriate profession. When a fund is establishedunder this section:
(1)The commission shall require all qualified members of the profession to carryprofessional liability insurance offered by the fund with primary liabilitylimits of at least $200,000.
(2)A professional liability fund established under this section shall pay, onbehalf of qualified members of the profession, all sums as may be providedunder the fund which any such member shall become legally obligated to pay asmoney damages because of any claim made against such member as a result of anyact or omission of such member in rendering or failing to render professionalservices for others in the member’s professional capacity or caused by anyother person for whose acts or omissions the member is legally responsible.
(3)The commission shall have the authority:
(a)To assess each person covered by the fund for contributions to the fund;
(b)To establish definitions of coverage to be provided by the fund;
(c)To employ legal counsel to represent the fund and to defend and control thedefense of any person covered by the fund against whom a claim is made;
(d)To employ any persons necessary for the proper administration of the fund; and
(e)To contract with a local insurer to administer the fund. [1987 c.774 §93]
752.045Rules; reports by commissions; exemption from Insurance Code and InsuranceGuaranty Association.(1) The Director of the Department of Consumer and Business Services shalladopt rules for the establishment of professional liability funds by thecommissions described in ORS 752.025. Such rules shall include, but need not belimited to, rules requiring annual reports from the commissions.
(2)The commissions shall report to the director annually on the operations of thefund. The reports shall contain any information required by the director.
(3)A professional liability fund established under ORS 752.005 to 752.055 shall besubject to the rules of the director adopted under subsection (1) of thissection. Such funds shall not be otherwise subject to the Insurance Code, andshall not participate in the Oregon Insurance Guaranty Association. [1987 c.774§93a]
752.050 [1975 c.796 §15;repealed by 1977 c.269 §12]
752.055Short title.ORS 752.005 to 752.055 shall be known and may be cited as “The OregonProfessional Liability Funds Law.” [1987 c.774 §93b]
752.045 Rules;reports by commissions; exemption from Insurance Code and Insurance GuarantyAssociation
752.055 Shorttitle
752.005Definitions.(1) For purposes of ORS 752.005 to 752.055, a “qualified member of a profession”means a person:
(a)Who holds a current license, certificate or registration in a profession whichis regulated or governed by a board established by the Legislative Assembly;
(b)Whose principal office is in Oregon;
(c)Who is engaged in the private practice of the profession; and
(d)Who is not exempted by the commission from belonging to a professionalliability fund managed by the commission.
(2)For purposes of subsection (1) of this section, a person is not engaged in theprivate practice of a profession if the person is a full-time employee of acorporation other than a corporation incorporated under ORS chapter 58, thestate, an agency or department thereof, a county, city, special district or anyother public or municipal corporation or any instrumentality thereof. However,a person who practices a profession outside of the person’s full-timeemployment is engaged in the private practice of the profession.
(3)For the purposes of subsection (1) of this section, the principal office of aperson is considered to be the location where the person engages in the privatepractice of a profession more than 50 percent of the time engaged in thatpractice. In the case of a person in a branch office outside Oregon, if themain office to which the branch office is connected is in Oregon, the principaloffice of the person is not considered to be in Oregon unless the personengages in the private practice of a profession in Oregon more than 50 percentof the time engaged in that practice. [1987 c.774 §92]
752.015Determination of need for professional liability fund. (1) If theDirector of the Department of Consumer and Business Services finds, afterhearings, that qualified members of any profession are unable to obtaininsurance for damages arising out of professional negligence or that suchprofessional liability insurance is not available at a reasonable cost to such members,the director may determine that a professional liability fund is necessary. Anysuch fund shall be separate and distinct from the General Fund, and interestearned by the fund shall be credited to the fund.
(2)The director may not make a determination to implement a professional liabilityfund if:
(a)The lack of availability of insurance is due to legitimate insuranceunderwriting considerations, including past claims experience, licensingnoncompliance or inadequate risk management; and
(b)Actuarial studies show that private insurers are adequately setting rates forprofessional liability coverage, that a professional liability fund would notultimately provide insureds lower premiums and that there is not an adequatenumber of potential insureds to fund a professional liability fund.
(3)The director may contract for actuarial studies in order to make thedeterminations required by this section. [1987 c.774 §89; 1989 c.966 §68]
752.025Commission; appointment; membership; term of office. (1) After adetermination of necessity by the director under ORS 752.015, the Governor mayappoint a commission for each professional liability fund that the Director ofthe Department of Consumer and Business Services proposes to implement.
(2)Each commission appointed pursuant to subsection (1) of this section shallconsist of nine individuals appointed by the Governor, subject to confirmationby the Senate in the manner described in ORS 171.562 and 171.565.
(3)Of the members of the commission, six shall be members of the profession andthree shall be lay members.
(4)The term of office of each member is three years but a member serves at thepleasure of the Governor. Before the expiration of the term of a member, theGovernor shall appoint a successor whose term begins on July 1 next following.A member is eligible for reappointment. If there is a vacancy for any cause,the Governor shall make an appointment to become effective for the unexpiredterm upon confirmation by the Senate. [1987 c.774 §§90,91]
752.030 [1975 c.796 §13b;repealed by 1987 c.774 §154]
752.035Professional liability funds; establishment; minimum insurance coverage;authority of commission. A professional liability fund commission appointedpursuant to ORS 752.025 shall establish a professional liability fund forqualified members of the appropriate profession. When a fund is establishedunder this section:
(1)The commission shall require all qualified members of the profession to carryprofessional liability insurance offered by the fund with primary liabilitylimits of at least $200,000.
(2)A professional liability fund established under this section shall pay, onbehalf of qualified members of the profession, all sums as may be providedunder the fund which any such member shall become legally obligated to pay asmoney damages because of any claim made against such member as a result of anyact or omission of such member in rendering or failing to render professionalservices for others in the member’s professional capacity or caused by anyother person for whose acts or omissions the member is legally responsible.
(3)The commission shall have the authority:
(a)To assess each person covered by the fund for contributions to the fund;
(b)To establish definitions of coverage to be provided by the fund;
(c)To employ legal counsel to represent the fund and to defend and control thedefense of any person covered by the fund against whom a claim is made;
(d)To employ any persons necessary for the proper administration of the fund; and
(e)To contract with a local insurer to administer the fund. [1987 c.774 §93]
752.045Rules; reports by commissions; exemption from Insurance Code and InsuranceGuaranty Association.(1) The Director of the Department of Consumer and Business Services shalladopt rules for the establishment of professional liability funds by thecommissions described in ORS 752.025. Such rules shall include, but need not belimited to, rules requiring annual reports from the commissions.
(2)The commissions shall report to the director annually on the operations of thefund. The reports shall contain any information required by the director.
(3)A professional liability fund established under ORS 752.005 to 752.055 shall besubject to the rules of the director adopted under subsection (1) of thissection. Such funds shall not be otherwise subject to the Insurance Code, andshall not participate in the Oregon Insurance Guaranty Association. [1987 c.774§93a]
752.050 [1975 c.796 §15;repealed by 1977 c.269 §12]
752.055Short title.ORS 752.005 to 752.055 shall be known and may be cited as “The OregonProfessional Liability Funds Law.” [1987 c.774 §93b]
752.045 Rules;reports by commissions; exemption from Insurance Code and Insurance GuarantyAssociation
752.055 Shorttitle
752.005Definitions.(1) For purposes of ORS 752.005 to 752.055, a “qualified member of a profession”means a person:
(a)Who holds a current license, certificate or registration in a profession whichis regulated or governed by a board established by the Legislative Assembly;
(b)Whose principal office is in Oregon;
(c)Who is engaged in the private practice of the profession; and
(d)Who is not exempted by the commission from belonging to a professionalliability fund managed by the commission.
(2)For purposes of subsection (1) of this section, a person is not engaged in theprivate practice of a profession if the person is a full-time employee of acorporation other than a corporation incorporated under ORS chapter 58, thestate, an agency or department thereof, a county, city, special district or anyother public or municipal corporation or any instrumentality thereof. However,a person who practices a profession outside of the person’s full-timeemployment is engaged in the private practice of the profession.
(3)For the purposes of subsection (1) of this section, the principal office of aperson is considered to be the location where the person engages in the privatepractice of a profession more than 50 percent of the time engaged in thatpractice. In the case of a person in a branch office outside Oregon, if themain office to which the branch office is connected is in Oregon, the principaloffice of the person is not considered to be in Oregon unless the personengages in the private practice of a profession in Oregon more than 50 percentof the time engaged in that practice. [1987 c.774 §92]
752.015Determination of need for professional liability fund. (1) If theDirector of the Department of Consumer and Business Services finds, afterhearings, that qualified members of any profession are unable to obtaininsurance for damages arising out of professional negligence or that suchprofessional liability insurance is not available at a reasonable cost to such members,the director may determine that a professional liability fund is necessary. Anysuch fund shall be separate and distinct from the General Fund, and interestearned by the fund shall be credited to the fund.
(2)The director may not make a determination to implement a professional liabilityfund if:
(a)The lack of availability of insurance is due to legitimate insuranceunderwriting considerations, including past claims experience, licensingnoncompliance or inadequate risk management; and
(b)Actuarial studies show that private insurers are adequately setting rates forprofessional liability coverage, that a professional liability fund would notultimately provide insureds lower premiums and that there is not an adequatenumber of potential insureds to fund a professional liability fund.
(3)The director may contract for actuarial studies in order to make thedeterminations required by this section. [1987 c.774 §89; 1989 c.966 §68]
752.025Commission; appointment; membership; term of office. (1) After adetermination of necessity by the director under ORS 752.015, the Governor mayappoint a commission for each professional liability fund that the Director ofthe Department of Consumer and Business Services proposes to implement.
(2)Each commission appointed pursuant to subsection (1) of this section shallconsist of nine individuals appointed by the Governor, subject to confirmationby the Senate in the manner described in ORS 171.562 and 171.565.
(3)Of the members of the commission, six shall be members of the profession andthree shall be lay members.
(4)The term of office of each member is three years but a member serves at thepleasure of the Governor. Before the expiration of the term of a member, theGovernor shall appoint a successor whose term begins on July 1 next following.A member is eligible for reappointment. If there is a vacancy for any cause,the Governor shall make an appointment to become effective for the unexpiredterm upon confirmation by the Senate. [1987 c.774 §§90,91]
752.030 [1975 c.796 §13b;repealed by 1987 c.774 §154]
752.035Professional liability funds; establishment; minimum insurance coverage;authority of commission. A professional liability fund commission appointedpursuant to ORS 752.025 shall establish a professional liability fund forqualified members of the appropriate profession. When a fund is establishedunder this section:
(1)The commission shall require all qualified members of the profession to carryprofessional liability insurance offered by the fund with primary liabilitylimits of at least $200,000.
(2)A professional liability fund established under this section shall pay, onbehalf of qualified members of the profession, all sums as may be providedunder the fund which any such member shall become legally obligated to pay asmoney damages because of any claim made against such member as a result of anyact or omission of such member in rendering or failing to render professionalservices for others in the member’s professional capacity or caused by anyother person for whose acts or omissions the member is legally responsible.
(3)The commission shall have the authority:
(a)To assess each person covered by the fund for contributions to the fund;
(b)To establish definitions of coverage to be provided by the fund;
(c)To employ legal counsel to represent the fund and to defend and control thedefense of any person covered by the fund against whom a claim is made;
(d)To employ any persons necessary for the proper administration of the fund; and
(e)To contract with a local insurer to administer the fund. [1987 c.774 §93]
752.045Rules; reports by commissions; exemption from Insurance Code and InsuranceGuaranty Association.(1) The Director of the Department of Consumer and Business Services shalladopt rules for the establishment of professional liability funds by thecommissions described in ORS 752.025. Such rules shall include, but need not belimited to, rules requiring annual reports from the commissions.
(2)The commissions shall report to the director annually on the operations of thefund. The reports shall contain any information required by the director.
(3)A professional liability fund established under ORS 752.005 to 752.055 shall besubject to the rules of the director adopted under subsection (1) of thissection. Such funds shall not be otherwise subject to the Insurance Code, andshall not participate in the Oregon Insurance Guaranty Association. [1987 c.774§93a]
752.050 [1975 c.796 §15;repealed by 1977 c.269 §12]
752.055Short title.ORS 752.005 to 752.055 shall be known and may be cited as “The OregonProfessional Liability Funds Law.” [1987 c.774 §93b]
