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Oregon Revised Statutes

Or. Rev. Stat. § 133.621 (2026)

Medical procedures; immunity from liability for performing

✓ current as of May 2026
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      133.621 Medical procedures; immunity from liability for performing. A duly licensed physician, or a person acting under the direction or control of a duly licensed physician, may withdraw bodily substances, pierce human tissue, perform medical tests and procedures and otherwise use medical procedures to gather evidence in a criminal investigation. A duly licensed physician, or a person acting under the direction or control of a duly licensed physician, shall not be held civilly liable for gathering potential evidence in a criminal investigation in a medically acceptable manner at the request of a peace officer. The civil immunity granted in this section is not conditioned upon the existence of probable cause, the existence of a search warrant or the existence of a court order. Nothing in this section shall be interpreted as requiring a duly licensed physician to act at the request of a peace officer. [1989 c.585 §2]

 

      Note: 133.621 was added to and made a part of ORS chapter 133 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

(Disposition of Things Seized)

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1992–2024 · leading case: State v. Moylett, 836 P.2d 1329 (Or. 1992).
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State v. Moylett, 836 P.2d 1329 (Or. 1992). · cites it 2× “[3] Probable cause to arrest is statutorily defined by ORS 131.005(11): "`Probable cause' means that there is a substantial objective basis for believing that more likely than not an offense has been committed and a person to be arrested has committed it.”
Behringer v. City of Ashland (D. Or. 2024). “621 (authorizing licensed physicians and those acting under the direction of physicians to “withdraw bodily substances” to “gather evidence in a criminal investigation” and providing that they “shall not be held civilly liable for gathering evidence in a criminal investigation…”
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