Bill Text: OR HB2100 | 2013 | Regular Session | Introduced
Bill Title: Relating to the Oregon Health Licensing Agency; declaring an emergency.
Sponsorship: Unknown
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2100 Detail]
Download: Oregon-2013-HB2100-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 674
House Bill 2100
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber, M.D., for
Oregon Health Licensing Agency)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Specifies circumstances under which Oregon Health Licensing
Agency is required or permitted to disclose information obtained
during investigation for certain boards. Distinguishes those
circumstances from circumstances pertaining to cosmetologists,
body art practitioners and dealers of hearing aids.
Makes certain other changes related to investigations conducted
by agency.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the Oregon Health Licensing Agency; creating new
provisions; amending ORS 192.450, 401.651, 414.665, 431.960,
433.045, 441.057, 675.385, 676.110, 676.120, 676.130, 676.160,
676.350, 676.400, 676.608, 676.609, 678.725, 678.820, 687.490,
688.125, 690.025, 690.167 and 743.918; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
{ +
DISCLOSURE OF INFORMATION + }
SECTION 1. { + Sections 2 and 3 of this 2013 Act are added to
and made a part of ORS 676.605 to 676.625. + }
SECTION 2. { + (1) Except to the extent that disclosure is
necessary to conduct a full and proper investigation, the Oregon
Health Licensing Agency may not disclose information, including
complaints and information identifying complainants, obtained by
the agency as part of an investigation conducted under:
(a) ORS 675.360 to 675.410, 678.710 to 678.820, 680.500 to
680.565, 687.405 to 687.495, 688.701 to 688.734, 688.800 to
688.840 or 691.405 to 691.485 or ORS chapter 700.
(b) ORS 676.605 to 676.625 if the investigation is related to
the regulation of:
(A) Sex offender therapy under ORS 675.360 to 675.410;
(B) Nursing home administration under ORS 678.710 to 678.820;
(C) The practice of denture technology under ORS 680.500 to
680.565;
(D) Direct entry midwifery under ORS 687.405 to 687.495;
(E) Athletic training under ORS 688.701 to 688.734;
(F) Respiratory care and polysomnography under ORS 688.800 to
688.840;
(G) Dietetics under ORS 691.405 to 691.485; or
(H) Environmental or waste water sanitation under ORS chapter
700.
(2) Notwithstanding subsection (1) of this section, if the
agency decides not to impose a disciplinary sanction after
conducting an investigation described in subsection (1) of this
section:
(a) The agency shall disclose information obtained as part of
the investigation if the person requesting the information
demonstrates by clear and convincing evidence that the public
interest in disclosure outweighs other interests in
nondisclosure, including the public interest in nondisclosure.
(b) The agency may disclose to a complainant who made a
complaint related to the investigation a written summary of
information obtained as part of the investigation to the extent
that disclosure is necessary to explain the agency's decision.
The person who is the subject of the investigation may review and
obtain a copy of a written summary disclosed under this paragraph
after the agency has redacted any information identifying the
complainant.
(3) Notwithstanding subsection (1) of this section, if the
agency decides to impose a disciplinary sanction after conducting
an investigation described in subsection (1) of this section,
upon written request by the person who is the subject of the
investigation, the agency shall disclose to the person all
information obtained by the agency during the investigation,
except that the agency may not disclose:
(a) Information that is otherwise privileged or confidential
under state or federal law.
(b) Information identifying a person who provided information
that led to the investigation, unless the person will provide
testimony at a hearing arising out of the investigation.
(c) Information identifying a complainant.
(d) Reports of expert witnesses.
(4) Information disclosed to a person under subsection (3) of
this section may be further disclosed by the person only to the
extent that disclosure is necessary to prepare for a hearing
arising out of the investigation.
(5) The agency shall disclose:
(a) Any notice related to the imposition of a disciplinary
sanction;
(b) A final order related to the imposition of a disciplinary
sanction;
(c) An emergency suspension order;
(d) A consent order or stipulated agreement that involves the
conduct of a person against whom discipline is sought; and
(e) Information to further an investigation into board conduct
under ORS 192.685.
(6) A final order related to the imposition of a disciplinary
sanction, an emergency suspension order or a consent order or
stipulated agreement that involves the conduct of a person
against whom discipline is sought must summarize the factual
basis for the agency's disposition of the matter.
(7) An agency record or order, or any part of an agency record
or order, obtained during an investigation described under
subsection (1) of this section or during a contested case
proceeding, or as a result of entering into a consent order or
stipulated agreement, is not admissible as evidence and may not
preclude an issue or claim in a civil proceeding except in a
proceeding between the agency and a person against whom
discipline is sought as otherwise allowed by law.
(8)(a) Notwithstanding subsection (1) of this section, the
agency does not publicly disclose information when the agency
permits other public officials and members of the press to attend
executive sessions where information obtained as part of an
investigation is discussed. Public officials and members of the
press attending such executive sessions shall not disclose
information obtained as part of an investigation to any other
member of the public.
(b) For purposes of this subsection, 'public official ' means a
member or member-elect, or any member of the staff or an
employee, of a public entity as defined by ORS 676.177.
(9) The agency may establish fees reasonably calculated to
reimburse the actual cost of disclosing information to a person
against whom discipline is sought as required by subsection (3)
of this section. + }
SECTION 3. { + (1) Notwithstanding section 2 of this 2013 Act,
the Oregon Health Licensing Agency, upon a determination by the
agency that it possesses information that reasonably relates to
the regulatory or enforcement function of another public entity,
may disclose information to the other public entity.
(2) A public entity that receives information pursuant to
subsection (1) of this section must agree to take all reasonable
steps to maintain the confidentiality of the information, except
that the public entity may use or disclose the information to the
extent necessary to carry out the regulatory or enforcement
functions of the public entity.
(3) For purposes of this section, 'public entity' has the
meaning given that term in ORS 676.177. + }
SECTION 4. ORS 676.609 is amended to read:
676.609. { - (1) If the Oregon Health Licensing Agency
intends to disclose a record pursuant to ORS 676.608, the agency
shall: - }
{ - (a) Send a notice of the intended disclosure to the
person who is the subject of a complaint or an investigation by
first class mail at least 14 days before the disclosure date;
and - }
{ - (b) Describe in the notice the type of record being
disclosed in sufficient detail to allow the person who is the
subject of a complaint or an investigation to understand the
contents of the record that the agency intends to disclose. - }
{ - (2) The agency shall disclose information obtained as
part of an investigation of a person charged if another person
requesting the information demonstrates by clear and convincing
evidence that the public interest in disclosure outweighs other
interests in nondisclosure, including but not limited to the
public interest in nondisclosure. - }
{ + (1) Upon request, the Oregon Health Licensing Agency
shall disclose to a person against whom disciplinary action is
sought information, including complaints and information
identifying complainants, but not including information that is
otherwise privileged or confidential under state or federal law,
obtained by the agency as part of an investigation conducted
under:
(a) ORS 690.005 to 690.235, 690.350 to 690.415 or 694.015 to
694.185.
(b) ORS 676.605 to 676.625 if the investigation is related to
the regulation of:
(A) ORS 690.005 to 690.235;
(B) ORS 690.350 to 690.415; or
(C) ORS 694.015 to 694.185.
(2) The agency shall disclose information obtained as part of
an investigation described in subsection (1) of this section to a
person who demonstrates by clear and convincing evidence that the
public interest in disclosure outweighs other interests in
nondisclosure, including the public interest in
nondisclosure. + }
{ +
INVESTIGATIONS + }
SECTION 5. ORS 676.608 is amended to read:
676.608. { - (1) As used in this section: - }
{ - (a) 'Holder' means a person who holds a certificate,
license, permit or registration to practice issued by the Oregon
Health Licensing Agency. - }
{ - (b) 'Public entity' has the meaning given that term in
ORS 676.177. - }
{ - (2)(a) - } { + (1)(a) + } The { + Oregon Health
Licensing + } Agency shall carry out all investigatory duties
{ + relating to matters subject to the authority of the agency
or the boards, councils and programs listed in ORS 676.606 + }.
(b) Upon its own motion, the agency may initiate and conduct
investigations of matters relating to the practice of occupations
or professions subject to the authority of the boards, councils
and programs listed in ORS 676.606.
(c) When the agency receives a complaint by { - any - }
{ + a + } person
{ - against a holder - } , the agency shall investigate the
complaint as provided in ORS 676.165.
{ - (3) - } { + (2) + } While conducting an investigation
authorized under subsection { - (2) - } { + (1) + } of this
section or a hearing related to an investigation, the agency may:
(a) Take evidence;
(b) Administer oaths;
(c) Take the depositions of witnesses, including the person
charged;
(d) Compel the appearance of witnesses, including the person
charged;
(e) Require answers to interrogatories;
(f) Compel the production of books, papers, accounts, documents
and testimony pertaining to the matter under investigation; and
(g) Conduct criminal and civil background checks to determine
conviction of a crime that bears a demonstrable relationship to
the field of practice.
{ - (4) - } { + (3) + } In exercising its authority under
this section, the agency may issue subpoenas over the signature
of the Director of the Oregon Health Licensing Agency or
designated employee
{ - thereof - } { + of the director + } and in the name of
the State of Oregon.
{ - (5) - } { + (4) + } If a person fails to comply with a
subpoena issued under this section, the judge of the Circuit
Court for Marion County may compel obedience by initiating
proceedings for contempt as in the case of disobedience of the
requirements of a subpoena issued from the court.
{ - (6) - } { + (5) + } If necessary, the director, or an
employee designated by the director, may appear before a
magistrate empowered to issue warrants in criminal cases to
request that the magistrate issue a warrant. The magistrate shall
issue a warrant, directing it to any sheriff or deputy or police
officer, to enter the described property, to remove any person or
obstacle, to defend any threatened violence to the director or a
designee of the director or an officer, upon entering private
property, or to assist the director in enforcing the agency's
authority in any way.
{ - (7) In all investigations and hearings, the agency and
any person affected thereby may have the benefit of counsel. - }
{ - (8) If a holder who is the subject of a complaint or an
investigation is to appear before the agency, the agency shall
provide the holder with a current summary of the complaint or the
matter being investigated not less than 10 days before the date
that the holder is to appear. At the time the summary of the
complaint or the matter being investigated is provided, the
agency shall provide the holder with a current summary of
documents or alleged facts that the agency has acquired as a
result of the investigation. The name of the complainant may be
withheld from the holder. - }
{ - (9) A holder who is the subject of an investigation, and
any person acting on behalf of the holder, may not contact the
complainant until the holder has requested a contested case
hearing and the agency has authorized the taking of the
complainant's deposition pursuant to ORS 183.425. - }
{ - (10) Except in an investigation or proceeding conducted
by the agency or another public entity, or in an action, suit or
proceeding in which a public entity is a party, a holder may not
be questioned or examined regarding any communication with the
agency made in an appearance before the agency as part of an
investigation. - }
{ - (11) This section does not prohibit examination or
questioning of a holder regarding records about the holder's care
and treatment of a patient or affect the admissibility of those
records. - }
{ + (6) Except for purposes of complying with ORS 694.036 and
694.042, the person who is the subject of an investigation
described under ORS 676.609 (1), or a person who is acting on
behalf of the subject, may not contact a complainant whose
complaint is related to the investigation until the subject has
requested a contested case hearing and the agency has authorized
the taking of the complainant's deposition under ORS 183.425. + }
{ +
SEX OFFENDER THERAPISTS + }
SECTION 6. ORS 675.385 is amended to read:
675.385. (1) In the manner prescribed in ORS chapter 183 for
contested cases, and { - at the direction of - } { + in
consultation with + } the Sex Offender Treatment Board, the
Oregon Health Licensing Agency may impose a form of discipline
listed in ORS 676.612 against any certified sex offender
therapist for any of the grounds listed in ORS 676.612 and for
any violation of the provisions of ORS 675.360 to 675.410, or the
rules adopted thereunder.
(2) The agency may impose disciplinary sanctions against a
certified sex offender therapist for any of the following
reasons:
(a) The person was convicted of violating ORS 675.390, or of a
felony or misdemeanor that brings into question the person's
competence or integrity as a certified sex offender therapist.
(b) The person's mental health professional license, or
equivalent license, has been revoked, suspended or restricted by
the issuing authority.
(c) The person has violated ORS 675.370 (3) to (5), or any
rules adopted by the agency pertaining to certification.
(d) The person has failed to file or has filed a false,
misleading or incomplete professional disclosure statement with
the agency.
(e) The person has practiced beyond the scope of the person's
agency-issued certification.
{ +
NURSING HOME ADMINISTRATORS + }
SECTION 7. ORS 678.725 is amended to read:
678.725. (1)(a) Unless state or federal laws relating to
confidentiality or the protection of health information prohibit
disclosure, any health care facility licensed under ORS 441.015,
any licensee licensed by the Oregon Health Licensing Agency, any
physician licensed by the Oregon Medical Board, any licensed
professional nurse and any licensed pharmacist shall report to
the agency suspected violations of ORS 678.710 to 678.820 and
unsanitary or other unsatisfactory conditions in a nursing home.
(b) Unless state or federal laws relating to confidentiality or
the protection of health information prohibit disclosure, a
licensee licensed under ORS 678.710 to 678.820 who has reasonable
cause to believe that a licensee of any board as defined in ORS
676.150 has engaged in prohibited conduct as defined in ORS
676.150 shall report the prohibited conduct in the manner
provided in ORS 676.150.
(c) Any person may report to the agency suspected violations of
ORS 678.710 to 678.820 or unsanitary conditions in a nursing
home.
{ - (2) Information acquired by the agency pursuant to
subsection (1) of this section is confidential and is not subject
to public disclosure. - }
{ - (3) - } { + (2) + } Any person who reports or provides
information to the agency under subsection (1) of this section
and who provides information in good faith may not be subject to
an action for civil damages as a result of making the report or
providing the information.
SECTION 8. ORS 678.820 is amended to read:
678.820. (1) The Nursing Home Administrators Board is
responsible for advising the Oregon Health Licensing Agency in
all matters relating to the administration of ORS 678.710 to
678.820, including:
(a) Developing standards for education and training;
(b) Developing standards of practice and professional conduct;
(c) Establishing standards related to the issuance, denial,
revocation, suspension or renewal of licenses to practice as a
nursing home administrator;
(d) Preparing or approving the examinations required under ORS
678.710 to 678.820, in accordance with standards provided by the
agency; and
(e) Assisting the agency in administering the provisions of ORS
678.710 to 678.820.
(2) The Oregon Health Licensing Agency shall administer ORS
678.710 to 678.820 by:
(a) Determining the qualifications and fitness of applicants
for licenses, renewed licenses, reciprocal licenses and
provisional licenses under ORS 678.710 to 678.820.
(b) Examining, approving, issuing, denying, revoking,
suspending and renewing licenses to practice as a nursing home
administrator.
(c) Providing for waivers of examinations or provisional
licenses.
(d) Establishing and carrying out procedures to ensure
compliance with professional standards adopted by the board.
(e) { - Pursuant to ORS 676.608, receiving and - }
Investigating complaints { - filed - } regarding nursing home
administrators.
(f) Establishing and collecting fees and charges to carry out
the agency's duties under ORS 678.710 to 678.820.
(g) In accordance with ORS 183.330 and 676.615, adopting,
amending and repealing rules that are necessary to carry out the
administration of ORS 678.710 to 678.820.
(h) Maintaining a register of all licensed nursing home
administrators.
(3) The agency shall consider and be guided by the
recommendations of the board in all matters relating to the
administration of ORS 678.710 to 678.820.
{ +
DIRECT ENTRY MIDWIVES + }
SECTION 9. ORS 687.490 is amended to read:
687.490. { - (1) Any information provided to the State Board
of Direct Entry Midwifery or the Oregon Health Licensing Agency
under ORS 687.445 is confidential and is not subject to public
disclosure or admissible as evidence in any judicial
proceeding. - }
{ - (2) Any person who in good faith provides information to
the board or the agency is not subject to an action for civil
damages as a result thereof. - }
{ + A person who in good faith provides information to the
State Board of Direct Entry Midwifery or the Oregon Health
Licensing Agency for purposes related to an investigation
conducted under ORS 676.605 to 676.625, if the investigation is
related to the regulation of direct entry midwifery, or ORS
687.405 to 687.495 is not subject to an action for civil damages
as a result of providing the information. + }
{ +
COSMETOLOGISTS + }
SECTION 10. ORS 690.167 is amended to read:
690.167. In the manner prescribed in ORS chapter 183 for
contested cases { - and at the direction of the Board of
Cosmetology - } , the Oregon Health Licensing Agency may impose a
form of discipline listed in ORS 676.612 against any person
practicing barbering, hair design, esthetics or nail technology
for any of the grounds listed in ORS 676.612 and for any
violation of the provisions of ORS 690.005 to 690.235, or the
rules adopted thereunder.
{ +
CONFORMING AMENDMENTS + }
SECTION 11. ORS 676.160 is amended to read:
676.160. As used in ORS 676.165 to 676.180, 'health
professional regulatory board' means the:
(1) State Board of Examiners for Speech-Language Pathology and
Audiology;
(2) State Board of Chiropractic Examiners;
(3) State Board of Licensed Social Workers;
(4) Oregon Board of Licensed Professional Counselors and
Therapists;
(5) Oregon Board of Dentistry;
{ - (6) Board of Licensed Dietitians; - }
{ - (7) - } { + (6) + } State Board of Massage Therapists;
{ - (8) - } { + (7) + } State Mortuary and Cemetery Board;
{ - (9) - } { + (8) + } Oregon Board of Naturopathic
Medicine;
{ - (10) - } { + (9) + } Oregon State Board of Nursing;
{ - (11) Nursing Home Administrators Board; - }
{ - (12) - } { + (10) + } Oregon Board of Optometry;
{ - (13) - } { + (11) + } State Board of Pharmacy;
{ - (14) - } { + (12) + } Oregon Medical Board;
{ - (15) - } { + (13) + } Occupational Therapy Licensing
Board;
{ - (16) - } { + (14) + } Physical Therapist Licensing
Board;
{ - (17) - } { + (15) + } State Board of Psychologist
Examiners;
{ - (18) - } { + (16) + } Board of Medical Imaging;
{ - (19) - } { + (17) + } Oregon State Veterinary Medical
Examining Board; and
{ - (20) - } { + (18) + } Oregon Health Authority, to the
extent that the authority licenses emergency medical services
providers.
SECTION 12. ORS 192.450 is amended to read:
192.450. (1) Subject to ORS 192.480 and subsection (4) of this
section, any person denied the right to inspect or to receive a
copy of any public record of a state agency may petition the
Attorney General to review the public record to determine if it
may be withheld from public inspection. Except as provided in
subsection (5) of this section, the burden is on the agency to
sustain its action. Except as provided in subsection (5) of this
section, the Attorney General shall issue an order denying or
granting the petition, or denying it in part and granting it in
part, within seven days from the day the Attorney General
receives the petition.
(2) If the Attorney General grants the petition and orders the
state agency to disclose the record, or if the Attorney General
grants the petition in part and orders the state agency to
disclose a portion of the record, the state agency shall comply
with the order in full within seven days after issuance of the
order, unless within the seven-day period it issues a notice of
its intention to institute proceedings for injunctive or
declaratory relief in the Circuit Court for Marion County or, as
provided in subsection (6) of this section, in the circuit court
of the county where the record is held. Copies of the notice
shall be sent to the Attorney General and by certified mail to
the petitioner at the address shown on the petition. The state
agency shall institute the proceedings within seven days after it
issues its notice of intention to do so. If the Attorney General
denies the petition in whole or in part, or if the state agency
continues to withhold the record or a part of it notwithstanding
an order to disclose by the Attorney General, the person seeking
disclosure may institute such proceedings.
(3) The Attorney General shall serve as counsel for the state
agency in a suit filed under subsection (2) of this section if
the suit arises out of a determination by the Attorney General
that the public record should not be disclosed, or that a part of
the public record should not be disclosed if the state agency has
fully complied with the order of the Attorney General requiring
disclosure of another part or parts of the public record, and in
no other case. In any case in which the Attorney General is
prohibited from serving as counsel for the state agency, the
agency may retain special counsel.
(4) A person denied the right to inspect or to receive a copy
of any public record of a health professional regulatory board,
as defined in ORS 676.160, { + the Nursing Home Administrators
Board or the Board of Licensed Dietitians + } that contains
information concerning a licensee or applicant, and petitioning
the Attorney General to review the public record shall, on or
before the date of filing the petition with the Attorney General,
send a copy of the petition by first class mail to the
{ - health professional regulatory - } board. Not more than 48
hours after the board receives a copy of the petition, the board
shall send a copy of the petition by first class mail to the
licensee or applicant who is the subject of any record for which
disclosure is sought. When sending a copy of the petition to the
licensee or applicant, the board shall include a notice informing
the licensee or applicant that a written response by the licensee
or applicant may be filed with the Attorney General not later
than seven days after the date that the notice was sent by the
board. Immediately upon receipt of any written response from the
licensee or applicant, the Attorney General shall send a copy of
the response to the petitioner by first class mail.
(5) The person seeking disclosure of a public record of a
health professional regulatory board, as defined in ORS 676.160,
{ + the Nursing Home Administrators Board or the Board of
Licensed Dietitians + } that is confidential or exempt from
disclosure under ORS 676.165 or 676.175, shall have the burden of
demonstrating to the Attorney General by clear and convincing
evidence that the public interest in disclosure outweighs other
interests in nondisclosure, including but not limited to the
public interest in nondisclosure. The Attorney General shall
issue an order denying or granting the petition, or denying or
granting it in part, not later than the 15th day following the
day that the Attorney General receives the petition. A copy of
the Attorney General's order granting a petition or part of a
petition shall be served by first class mail on the { - health
professional regulatory - } board, the petitioner and the
licensee or applicant who is the subject of any record ordered to
be disclosed. The { - health professional regulatory - } board
shall not disclose any record prior to the seventh day following
the service of the Attorney General's order on a licensee or
applicant entitled to receive notice under this subsection.
(6) If the Attorney General grants or denies the petition for a
record of a health professional regulatory board, as defined in
ORS 676.160, { + the Nursing Home Administrators Board or the
Board of Licensed Dietitians + } that contains information
concerning a licensee or applicant, the board, a person denied
the right to inspect or receive a copy of the record or the
licensee or applicant who is the subject of the record may
institute proceedings for injunctive or declaratory relief in the
circuit court for the county where the public record is held. The
party seeking disclosure of the record shall have the burden of
demonstrating by clear and convincing evidence that the public
interest in disclosure outweighs other interests in
nondisclosure, including but not limited to the public interest
in nondisclosure.
(7) The Attorney General may comply with a request of a health
professional regulatory board { + , as defined in ORS 676.160,
the Nursing Home Administrators Board or the Board of Licensed
Dietitians + } to be represented by independent counsel in any
proceeding under subsection (6) of this section.
SECTION 13. ORS 401.651 is amended to read:
401.651. As used in ORS 401.651 to 401.670:
(1) 'Health care facility' means a health care facility as
defined in ORS 442.015 that has been licensed under ORS chapter
441.
(2) 'Health care provider' means:
(a) An individual licensed, certified or otherwise authorized
or permitted by the laws of this state or another state to
administer health care services in the ordinary course of
business or practice of a profession; and
(b) A person entered in the emergency health care provider
registry under ORS 401.658.
(3) 'Health professional regulatory board' { - has the
meaning given that term in ORS 676.160 - } { + means a health
professional regulatory board, as defined in ORS 676.160, the
Nursing Home Administrators Board and the Board of Licensed
Dietitians + }.
SECTION 14. ORS 414.665 is amended to read:
414.665. (1) The Oregon Health Authority, in consultation with
the appropriate health professional regulatory boards as defined
in ORS 676.160 { + , appropriate boards and councils listed under
ORS 676.606 + } and advocacy groups, shall develop and establish
with respect to community health workers, personal health
navigators, peer wellness specialists and other health care
workers who are not regulated or certified by this state:
(a) The criteria and descriptions of such individuals that may
be utilized by coordinated care organizations; and
(b) Education and training requirements for such individuals.
(2) The criteria and requirements established under subsection
(1) of this section:
(a) Must be broad enough to encompass the potential unique
needs of any coordinated care organization;
(b) Must meet requirements of the Centers for Medicare and
Medicaid Services to qualify for federal financial participation;
and
(c) May not require certification by the Home Care Commission.
SECTION 15. ORS 431.960 is amended to read:
431.960. As used in ORS 431.962 to 431.978 and 431.992:
(1) 'Dispense' and 'dispensing' have the meanings given those
terms in ORS 689.005.
(2) 'Drug outlet' has the meaning given that term in ORS
689.005.
(3) 'Health professional regulatory board' { - has the
meaning given that term in ORS 676.160 - } { + means a health
professional regulatory board, as defined in ORS 676.160, the
Nursing Home Administrators Board and the Board of Licensed
Dietitians + }.
(4) 'Practitioner' has the meaning given that term in ORS
689.005.
(5) 'Prescription' has the meaning given that term in ORS
475.005.
(6) 'Prescription drug' has the meaning given that term in ORS
689.005.
SECTION 16. ORS 433.045, as amended by section 1, chapter 26,
Oregon Laws 2012, is amended to read:
433.045. (1) As used in this section:
(a) 'Health care provider' means an individual licensed by a
health professional regulatory board, as { - that term is - }
defined in ORS 676.160 { + , the Nursing Home Administrators
Board or the Board of Licensed Dietitians + }.
(b) 'HIV test' means a test of an individual for the presence
of HIV, or for antibodies or antigens that result from HIV
infection, or for any other substance specifically indicating
infection with HIV.
(c) 'Insurance producer' has the meaning given that term in ORS
746.600.
(d) 'Insurance-support organization' has the meaning given that
term in ORS 746.600.
(e) 'Insurer' has the meaning given that term in ORS 731.106.
(2) Except as provided in ORS 433.017, 433.055 (3) and 433.080,
a health care provider or the provider's designee shall, before
subjecting an individual to an HIV test:
(a) Notify the individual being tested; and
(b) Allow the individual being tested the opportunity to
decline the test.
(3) The notification and opportunity to decline testing
required under subsection (2) of this section may be verbal or in
writing, and may be contained in a general medical consent form.
(4)(a) Regardless of the manner of receipt or the source of the
information, including information received from the tested
individual, a person may not disclose or be compelled to disclose
the identity of any individual upon whom an HIV-related test is
performed, or the results of such a test in a manner that permits
identification of the subject of the test, except as required or
permitted by federal law, the law of this state or any rule,
including any authority rule considered necessary for public
health or health care purposes, or as authorized by the
individual whose blood is tested.
(b) This subsection does not apply to an individual acting in a
private capacity and not in an employment, occupational or
professional capacity.
(5) A person who complies with the requirements of this section
is not subject to an action for civil damages.
(6) Whenever an insurer, insurance producer or
insurance-support organization asks an applicant for insurance to
take an HIV test in connection with an application for insurance,
the insurer, insurance producer or insurance-support organization
must reveal the use of the test to the applicant and obtain the
written consent of the applicant. The consent form must disclose
the purpose of the test and the persons to whom the results may
be disclosed.
SECTION 17. ORS 441.057 is amended to read:
441.057. (1) Rules adopted pursuant to ORS 441.025 shall
include procedures for the filing of complaints as to the
standard of care in any health care facility and provide for the
confidentiality of the identity of any complainant.
(2) A health care facility, or person acting in the interest of
the facility, may not take any disciplinary or other adverse
action against any employee who in good faith brings evidence of
inappropriate care or any other violation of law or rules to the
attention of the proper authority solely because of the
employee's action as described in this subsection.
(3) Any employee who has knowledge of inappropriate care or any
other violation of law or rules shall utilize established
reporting procedures of the health care facility administration
before notifying the Department of Human Services, Oregon Health
Authority or other state agency of the alleged violation, unless
the employee believes that patient health or safety is in
immediate jeopardy or the employee makes the report to the
department or the authority under the confidentiality provisions
of subsection (1) of this section.
(4) The protection of health care facility employees under
subsection (2) of this section shall commence with the reporting
of the alleged violation by the employee to the administration of
the health care facility or to the department, authority or other
state agency pursuant to subsection (3) of this section.
(5) Any person suffering loss or damage due to any violation of
subsection (2) of this section has a right of action for damages
in addition to other appropriate remedy.
(6) The provisions of this section do not apply to a nursing
staff, as defined in ORS 441.172, who claims to be aggrieved by a
violation of ORS 441.174 committed by a hospital.
(7) Information obtained by the department or the authority
during an investigation of a complaint or reported violation
under this section is confidential and not subject to public
disclosure under ORS 192.410 to 192.505. Upon the conclusion of
the investigation, the department or the authority may publicly
release a report of the department's or the authority's findings
but may not include information in the report that could be used
to identify the complainant or any patient at the health care
facility. The department or the authority may use any information
obtained during an investigation in an administrative or judicial
proceeding concerning the licensing of a health care facility,
and may report information obtained during an investigation to a
health professional regulatory board { + , + } as defined in ORS
676.160 { + , the Nursing Home Administrators Board or the Board
of Licensed Dietitians + } as that information pertains to a
licensee of the board.
SECTION 18. ORS 676.110 is amended to read:
676.110. (1) An individual practicing a health care profession
may not use the title 'doctor' in connection with the profession,
unless the individual:
(a) Has earned a doctoral degree in the individual's field of
practice; and
(b)(A) Is licensed by a health professional regulatory
board { + , + } as defined in ORS 676.160 { + , the Nursing Home
Administrators Board or the Board of Licensed Dietitians + } to
practice the particular health care profession in which the
individual's doctoral degree was earned; or
(B) Is working under a board-approved residency contract and is
practicing under the license of a supervisor who is licensed by a
health professional regulatory board { + , + } as defined in ORS
676.160 { + , the Nursing Home Administrators Board or the Board
of Licensed Dietitians + } to practice the particular health care
profession in which the individual's doctoral degree was earned.
(2) If an individual uses the title 'doctor' in connection with
a health care profession at any time, the individual must
designate the health care profession in which the individual's
doctoral degree was earned on all written or printed matter,
advertising, billboards, signs or professional notices used in
connection with the health care profession, regardless of whether
the individual's name or the title 'doctor' appears on the
written or printed matter, advertising, billboard, sign or
professional notice. The designation must be in letters or print
at least one-fourth the size of the largest letters used on the
written or printed matter, advertising, billboard, sign or
professional notice, and in material, color, type or illumination
to give display and legibility of at least one-fourth that of the
largest letters used on the written or printed matter,
advertising, billboard, sign or professional notice.
(3) Subsection (1) of this section does not prohibit:
(a) A chiropractic physician licensed under ORS chapter 684
from using the title 'chiropractic physician';
(b) A naturopathic physician licensed under ORS chapter 685
from using the title 'naturopathic physician';
(c) A person licensed to practice optometry under ORS chapter
683 from using the title 'doctor of optometry' or 'optometric
physician'; or
(d) A podiatric physician licensed under ORS 677.805 to 677.840
from using the title 'podiatric physician. '
SECTION 19. ORS 676.120 is amended to read:
676.120. Notwithstanding ORS 676.110, upon the death of any
person duly licensed by a health professional regulatory
board { + , + } as defined in ORS 676.160, { + the Nursing Home
Administrators Board or the Board of Licensed Dietitians, + } the
executors of the estate or the heirs, assigns, associates or
partners may retain the use of the decedent's name, where it
appears other than as a part of an assumed name, for no more than
one year after the death of such person or until the estate is
settled, whichever is sooner.
SECTION 20. ORS 676.130 is amended to read:
676.130. Each health professional regulatory board { + , + } as
defined in ORS 676.160 { + , the Nursing Home Administrators
Board and the Board of Licensed Dietitians + } shall notify the
appropriate district attorney of any violation of ORS 676.110 and
676.120 which may be brought to the attention of such board. The
district attorney of the county in which any violation of those
sections takes place shall prosecute the violation upon being
informed of the violation by any person or by one of such boards.
SECTION 21. ORS 676.350 is amended to read:
676.350. (1) As used in this section:
(a) 'Expedited partner therapy' means the practice of
prescribing or dispensing antibiotic drugs for the treatment of a
sexually transmitted disease to the partner of a patient without
first examining the partner of the patient.
(b) 'Partner of a patient' means a person whom a patient
diagnosed with a sexually transmitted disease identifies as a
sexual partner of the patient.
(c) 'Practitioner' has the meaning given that term in ORS
475.005.
(2) A health professional regulatory board, as defined in ORS
676.160, { + the Nursing Home Administrators Board and the Board
of Licensed Dietitians + } may adopt rules permitting
practitioners to practice expedited partner therapy. If a board
adopts rules permitting practitioners to practice expedited
partner therapy, the board shall consult with the Oregon Health
Authority to determine which sexually transmitted diseases are
appropriately addressed with expedited partner therapy.
(3) A prescription issued in the practice of expedited partner
therapy authorized by the rules of a board is valid even if the
name of the patient for whom the prescription is intended is not
on the prescription.
(4) The authority shall make available informational material
about expedited partner therapy that a practitioner may
distribute to patients.
SECTION 22. ORS 676.400 is amended to read:
676.400. (1) It is the intention of the Legislative Assembly to
achieve the goal of universal access to adequate levels of high
quality health care at an affordable cost for all Oregonians,
regardless of ethnic or cultural background.
(2) The Legislative Assembly finds that:
(a) Access to health care is of value when it leads to
treatment that substantially improves health outcomes;
(b) Health care is most effective when it accounts for the
contribution of culture to health status and health outcomes;
(c) Ethnic and racial minorities experience more than their
statistically fair share of undesirable health outcomes;
(d) The lack of licensed health care professionals from ethnic
and racial minorities or who are bilingual contributes to the
inadequacy of health outcomes in communities of color in this
state; and
(e) The development of a partnership between health
professional regulatory boards and communities of color to
increase the representation of people of color and bilingual
people in health care professions has significant potential to
improve the health outcomes of people of color and bilingual
citizens of this state.
(3) Health professional regulatory boards shall establish
programs to increase the representation of people of color and
bilingual people on the boards and in the professions that they
regulate. Such programs must include activities to promote the
education, recruitment and professional practice of members of
these targeted populations in Oregon.
(4) Each health professional regulatory board shall maintain
records of the racial and ethnic makeup of applicants and
professionals regulated by the board. Such information shall be
requested from applicants and the professionals regulated who
shall be informed in writing that the provision of such
information is voluntary and not required.
(5) Each health professional regulatory board shall report
biennially to the Legislative Assembly in the manner required by
ORS 192.245. The report shall contain:
(a) Data detailing the efforts of the board to comply with the
requirements of subsection (3) of this section; and
(b) Data collected under subsection (4) of this section
documenting the ethnic and racial makeup of the applicants and of
the professionals regulated by the board.
(6) For purposes of this section, 'health professional
regulatory board' { - has the meaning given that term in ORS
676.160 - } { + means a health professional regulatory board,
as defined in ORS 676.160, the Nursing Home Administrators Board
and the Board of Licensed Dietitians + }.
SECTION 23. ORS 688.125 is amended to read:
688.125. In order to ensure that physical therapy treatment of
a patient is based solely on the needs of a patient, any health
care practitioner licensed by a health professional regulatory
board { + , + } as defined in ORS 676.160 { + , the Nursing Home
Administrators Board or the Board of Licensed Dietitians + } who
owns, in part or in whole, a physical therapy practice, or who
employs a physical therapist, shall communicate the facts of that
ownership or employment relationship to patients for whom
physical therapy is prescribed and inform the patient that
alternative sources of physical therapy treatment are available.
SECTION 24. ORS 690.025 is amended to read:
690.025. ORS 690.005 to 690.235 do not apply to:
(1) Persons who perform service without compensation in case of
emergency or in domestic administration.
(2) Persons licensed by a health professional regulatory board
listed in ORS 676.160 { + , the Nursing Home Administrators Board
or the Board of Licensed Dietitians + } who are acting within the
scope of their professional license.
(3) Persons identified by the Oregon Health Licensing Agency or
Board of Cosmetology by rule who are acting under the authority
of a hospital or long term care facility licensed under ORS
441.025 or a residential facility licensed under ORS 443.415.
(4) Persons engaged in rendering emergency medical assistance
as defined in ORS 30.800.
(5) Persons licensed by the State Board of Pharmacy, merchants
or other individuals when demonstrating apparatus or supplies for
purposes of sale.
(6) Commissioned medical and surgical officers and personnel of
the United States Armed Services while operating on a military
base and personnel of correctional institutions while operating
on the premises of a correctional facility.
(7) Persons applying temporary makeup, combing hair or applying
hair spray, without compensation specifically for the application
or combing, for the sole purpose of preparing any individual for
a professional photograph or theatrical performance.
(8) A student while engaged in training at the direction of and
under the direct supervision of the faculty of a school licensed
under ORS 345.010 to 345.450 to teach a field of practice.
(9) The agency may exempt practitioners providing services at
charitable or fund raising events. In establishing an exemption,
the agency shall consider and evaluate each written request on an
individual basis.
SECTION 25. ORS 743.918 is amended to read:
743.918. (1) As used in this section:
(a) 'Complete application' means a provider's application to a
health insurer to become a credentialed provider that includes:
(A) Information required by the health insurer;
(B) Proof that the provider is licensed by a health
professional regulatory board { + , + } as defined in ORS
676.160 { + , the Nursing Home Administrators Board or the Board
of Licensed Dietitians + };
(C) Proof of current registration with the Drug Enforcement
Administration of the United States Department of Justice, if
applicable to the provider's practice; and
(D) Proof that the provider is covered by a professional
liability insurance policy or certification meeting the health
insurer's requirements.
(b) 'Credentialing period' means the period beginning on the
date a health insurer receives a complete application and ending
on the date the health insurer approves or rejects the complete
application or 90 days after the health insurer receives the
complete application, whichever is earlier.
(c) 'Health insurer' means an insurer that offers managed
health insurance or preferred provider organization insurance,
other than a health maintenance organization as defined in ORS
750.005.
(2) A health insurer shall approve or reject a complete
application within 90 days of receiving the application.
(3)(a) A health insurer shall pay all claims for medical
services covered by the health insurer that are provided by a
provider during the credentialing period.
(b) A provider may submit claims for medical services provided
during the credentialing period during or after the credentialing
period.
(c) A health insurer may pay claims for medical services
provided during the credentialing period:
(A) During or after the credentialing period.
(B) At the rate paid to nonparticipating providers.
(d) If a provider submits a claim for medical services provided
during the credentialing period within six months after the end
of the credentialing period, the health insurer may not deny
payment of the claim on the basis of the health insurer's rules
relating to timely claims submission.
(4) Subsection (3) of this section does not require a health
insurer to pay claims for medical services provided during the
credentialing period if:
(a) The provider was previously rejected or terminated as a
participating provider in any health benefit plan underwritten or
administered by the health insurer;
(b) The rejection or termination was due to the objectively
verifiable failure of the provider to provide medical services
within the recognized standards of the provider's profession; and
(c) The provider was given the opportunity to contest the
rejection or termination before a panel of peers in a proceeding
conducted in conformity with the Health Care Quality Improvement
Act of 1986, 42 U.S.C. 11101 et seq.
{ +
OPERATIVE DATE + }
SECTION 26. { + (1) Sections 1 to 3 of this 2013 Act and the
amendments to ORS 192.450, 401.651, 414.665, 431.960, 433.045,
441.057, 675.385, 676.110, 676.120, 676.130, 676.160, 676.350,
676.400, 676.608, 676.609, 678.725, 678.820, 687.490, 688.125,
690.025, 690.167 and 743.918 by sections 4 to 25 of this 2013 Act
become operative on January 1, 2014.
(2) The Oregon Health Licensing Agency may take any action
before the operative date specified in subsection (1) of this
section that is necessary to enable the agency to exercise, on
and after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
agency by sections 1 to 3 of this 2013 Act and the amendments to
ORS 192.450, 401.651, 414.665, 431.960, 433.045, 441.057,
675.385, 676.110, 676.120, 676.130, 676.160, 676.350, 676.400,
676.608, 676.609, 678.725, 678.820, 687.490, 688.125, 690.025,
690.167 and 743.918 by sections 4 to 25 of this 2013 Act. + }
{ +
UNIT CAPTIONS + }
SECTION 27. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 28. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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