1. (1) A physician licensed pursuant to ORS chapter 677 is not a manufacturer, distributor, seller or lessor of a product for the purposes of ORS 30.900 to 30.920 if:

   1. (a) The physician provides the product to a patient as part of health care services; and
   2. (b) The physician was not involved in the design or manufacture of the product.

2. (2)

   1. (a) Except as provided in paragraph (b) of this subsection, a health care facility as defined in ORS 442.015 or a hospital-affiliated clinic as defined in ORS 442.612 is not a manufacturer, distributor, seller or lessor of a product for the purposes of ORS 30.900 to 30.920 if:

      1. (A) The health care facility or hospital-affiliated clinic provides the product to a patient as part of health care services; and
      2. (B) The health care facility or hospital-affiliated clinic was not involved in the design or manufacture of the product.
   2. (b) This subsection does not apply to a product that a health care facility or hospital-affiliated clinic offers to the general public in a retail setting.

3. (3)

   1. (a) Except as provided in paragraph (b) of this subsection, a professional corporation or entity organized for the purpose of practicing medicine pursuant to ORS chapter 677 or rendering professional health care services pursuant to ORS 677.505 to 677.525 or 678.375 to 678.390 is not a manufacturer, distributor, seller or lessor of a product for the purposes of ORS 30.900 to 30.920 if:

      1. (A) The professional corporation or entity provides the product to a patient as part of health care services; and
      2. (B) The professional corporation or entity was not involved in the design or manufacture of the product.
   2. (b) This subsection does not apply to a product that a professional corporation or entity offers to the general public in a retail setting.

4. (4)

   1. (a) Except as provided in paragraph (b) of this subsection, a residential care facility licensed under ORS chapter 443, including a facility with a memory care endorsement under ORS 443.886 and an assisted living facility, is not a manufacturer, distributor, seller or lessor of a product for the purposes of ORS 30.900 to 30.920 if:

      1. (A) The residential care facility provides the product to a patient as part of health care services; and
      2. (B) The residential care facility was not involved in the design or manufacture of the product.
   2. (b) This subsection does not apply to a product that a residential care facility offers to the general public in a retail setting.

[2009 c.485 §9; 2025 c.626 §1]