(1) A physician licensed to practice medicine or podiatry by the Oregon Medical Board has the duty to use that degree of care, skill and diligence that is used by ordinarily careful physicians in the same or similar circumstances in the community of the physician or a similar community.
(2) A physician associate licensed to practice medicine by the board has the duty to use that degree of care, skill and diligence that is used by ordinarily careful physician associates in the same or similar circumstances in the community of the physician associate or a similar community.
(3) In any suit, action or arbitration seeking damages for professional liability from a health care provider, an issue may not be precluded on the basis of a default, stipulation, agreement or any other outcome at any stage of an investigation or an administrative proceeding, including but not limited to a final order.