Bill Text: OR HB2622 | 2013 | Regular Session | Enrolled

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Bill Title: Relating to podiatry.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-05-16 - Chapter 129, (2013 Laws): Effective date January 1, 2014. [HB2622 Detail]

Download: Oregon-2013-HB2622-Enrolled.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 2622

Sponsored by Representative CLEM (at the request of Oregon
  Podiatric Association) (Presession filed.)

                     CHAPTER ................

                             AN ACT

Relating to podiatry; creating new provisions; and amending ORS
  30.302, 31.740, 40.235, 58.015, 67.005, 124.050, 192.556,
  315.616, 419B.005, 430.735, 433.443, 441.063, 441.098, 442.562,
  442.700, 475.950, 659A.150, 676.110, 677.010, 677.087, 677.089,
  677.092, 677.095, 677.097, 677.120, 677.188, 677.235, 677.265,
  677.450, 677.805, 677.814, 677.815, 688.132, 688.230, 742.400,
  743.803 and 746.600.

Be It Enacted by the People of the State of Oregon:

                               { +
DEFINITIONS + }

  SECTION 1. ORS 677.010 is amended to read:
  677.010. As used in this chapter, subject to the exemptions in
ORS 677.060 and unless the context requires otherwise:
  (1) 'Approved internship' means the first year of post-graduate
training served in a hospital that is approved by the board or by
the Accreditation Council of Graduate Medical Education, the
American Osteopathic Association or the Royal College of
Physicians and Surgeons of Canada.
  (2) 'Approved school of medicine' means a school offering a
full-time resident program of study in medicine or osteopathy
leading to a degree of Doctor of Medicine or Doctor of
Osteopathy, such program having been fully accredited or
conditionally approved by the Liaison Committee on Medical
Education, or its successor agency, or the American Osteopathic
Association, or its successor agency, or having been otherwise
determined by the board to meet the association standards as
specifically incorporated into board rules.
  (3) 'Board' means the Oregon Medical Board.
  (4) 'Diagnose' means to examine another person in any manner to
determine the source or nature of a disease or other physical or
mental condition, or to hold oneself out or represent that a
person is so examining another person. It is not necessary that
the examination be made in the presence of such other person; it
may be made on information supplied either directly or indirectly
by such other person.
  (5) 'Dispense' means the preparation and delivery of a
prescription drug, pursuant to a lawful order of a practitioner,
in a suitable container appropriately labeled for subsequent

Enrolled House Bill 2622 (HB 2622-B)                       Page 1

administration to or use by a patient or other individual
entitled to receive the prescription drug.
  (6) 'Dispensing physician' means a physician or podiatric
physician and surgeon who purchases prescription drugs for the
purpose of dispensing them to patients or other individuals
entitled to receive the prescription drug and who dispenses them
accordingly.
  (7) 'Drug' means all medicines and preparations for internal or
external use of humans, intended to be used for the cure,
mitigation or prevention of diseases or abnormalities of humans,
which are recognized in any published United States Pharmacopoeia
or National Formulary, or otherwise established as a drug.
  (8) 'Fellow' means an individual who has not qualified under
ORS 677.100 (1) and (2) and who is pursuing some special line of
study as part of a supervised program of a school of medicine, a
hospital approved for internship or residency training, or an
institution for medical research or education that provides for a
period of study under the supervision of a responsible member of
that hospital or institution, such school, hospital or
institution having been approved by the board.
  (9) 'Intern' means an individual who has entered into a
hospital or hospitals for the first year of post-graduate
training.
  (10) 'License' means permission to practice, whether by
license, registration or certification.
  (11) 'Licensee' means an individual holding a valid license
issued by the board.
  (12) 'Physical incapacity' means a condition that renders an
individual licensed under this chapter unable to practice under
that license with professional skill and safety by reason of
physical illness or physical deterioration that adversely affects
cognition, motor or perceptive skill.
  (13) 'Physician' means   { - any - }   { + a + } person who
holds a degree of Doctor of Medicine or Doctor of Osteopathy
 { - . - }  { + , or a person who holds a degree of Doctor of
Podiatric Medicine if the context in which the term 'physician'
is used does not authorize or require the person to practice
outside the scope of a license issued under ORS 677.805 to
677.840. + }
  (14) 'Podiatric physician and surgeon' means a   { - podiatric
physician and surgeon - }   { + physician + } licensed under ORS
677.805 to 677.840 to treat ailments of the human foot, ankle and
tendons directly attached to and governing the function of the
foot and ankle.
   { +  (15)(a) 'Podiatry' means:
  (A) The diagnosis or the medical, physical or surgical
treatment of ailments of the human foot, ankle and tendons
directly attached to and governing the function of the foot and
ankle, except treatment involving the use of a general or spinal
anesthetic unless the treatment is performed in a hospital
licensed under ORS 441.025 or in an ambulatory surgical center
licensed by the Oregon Health Authority and is under the
supervision of or in collaboration with a podiatric physician and
surgeon; and
  (B) Assisting in the performance of surgery, as provided in ORS
677.814.
  (b) 'Podiatry' does not include administering general or spinal
anesthetics or the amputation of the entire foot. + }

Enrolled House Bill 2622 (HB 2622-B)                       Page 2

    { - (15) - }   { + (16) + } 'Prescribe' means to direct,
order or designate the use of or manner of using by spoken or
written words or other means.
    { - (16) - }   { + (17) + } 'Resident' means an individual
who, after the first year of post-graduate training, in order to
qualify for some particular specialty in the field of medicine,
pursues a special line of study as part of a supervised program
of a hospital approved by the board.
  SECTION 2. ORS 30.302 is amended to read:
  30.302. (1) As used in this section, 'retired physician ' means
any person:
  (a) Who holds a degree of Doctor of Medicine { + , + }
 { - or - }  Doctor of Osteopathy  { + or Doctor of Podiatric
Medicine, + } or  { + who + } has met the minimum educational
requirements for licensure to practice naturopathic medicine;
  (b) Who has been licensed and is currently retired in
accordance with the provisions of ORS chapter 677 or 685;
  (c) Who is registered with the Oregon Medical Board as a
retired emeritus physician or who complies with the requirements
of the Oregon Board of Naturopathic Medicine as a retired
naturopath;
  (d) Who registers with the county health officer in the county
in which the physician or naturopath practices; and
  (e) Who provides medical care as a volunteer without
compensation solely through referrals from the county health
officer specified in paragraph (d) of this subsection.
  (2) Any retired physician who treats patients pursuant to this
section shall be considered to be an agent of a public body for
the purposes of ORS 30.260 to 30.300.
  SECTION 3. ORS 40.235 is amended to read:
  40.235. (1) As used in this section, unless the context
requires otherwise:
  (a) 'Confidential communication' means a communication not
intended to be disclosed to third persons except:
  (A) Persons present to further the interest of the patient in
the consultation, examination or interview;
  (B) Persons reasonably necessary for the transmission of the
communication; or
  (C) Persons who are participating in the diagnosis and
treatment under the direction of the physician, including members
of the patient's family.
  (b) 'Patient' means a person who consults or is examined or
interviewed by a physician.
  (c) { + (A) + } 'Physician' means a person authorized and
licensed or certified to practice medicine { + , podiatry + } or
dentistry in any state or nation, or reasonably believed by the
patient so to be, while engaged in the diagnosis or treatment of
a physical condition.
   { +  (B) + } 'Physician' includes licensed or certified
naturopathic and chiropractic physicians and dentists.
  (2) A patient has a privilege to refuse to disclose and to
prevent any other person from disclosing confidential
communications in a civil action, suit or proceeding, made for
the purposes of diagnosis or treatment of the patient's physical
condition, among the patient, the patient's physician or persons
who are participating in the diagnosis or treatment under the
direction of the physician, including members of the patient's
family.
  (3) The privilege created by this section may be claimed by:
  (a) The patient;

Enrolled House Bill 2622 (HB 2622-B)                       Page 3

  (b) A guardian or conservator of the patient;
  (c) The personal representative of a deceased patient; or
  (d) The person who was the physician, but only on behalf of the
patient. Such person's authority so to do is presumed in the
absence of evidence to the contrary.
  (4) The following is a nonexclusive list of limits on the
privilege granted by this section:
  (a) If the judge orders an examination of the physical
condition of the patient, communications made in the course
thereof are not privileged under this section with respect to the
particular purpose for which the examination is ordered unless
the judge orders otherwise.
  (b) Except as provided in ORCP 44, there is no privilege under
this section for communications made in the course of a physical
examination performed under ORCP 44.
  (c) There is no privilege under this section with regard to any
confidential communication or record of such confidential
communication that would otherwise be privileged under this
section when the use of the communication or record is
specifically allowed under ORS 426.070, 426.074, 426.075,
426.095, 426.120 or 426.307. This paragraph only applies to the
use of the communication or record to the extent and for the
purposes set forth in the described statute sections.

                               { +
STATUTES REGULATING PHYSICIANS + }

  SECTION 4.  { + ORS 677.095 and 677.097 are added to and made a
part of ORS chapter 677. + }
  SECTION 5. ORS 677.087 is amended to read:
  677.087. (1) Any physician   { - or podiatric physician and
surgeon - }  having agreed with a patient to perform any surgical
operation or procedure, shall perform the surgery personally or,
prior to surgery, shall inform the patient that the physician
 { - or podiatric physician and surgeon - }  will not be
performing the surgery.
  (2) This section shall not apply when the physician   { - or
podiatric physician and surgeon - } , because of an emergency,
cannot personally notify the patient that the physician   { - or
podiatric physician and surgeon - }  will not be performing the
surgery.
  SECTION 6. ORS 677.089 is amended to read:
  677.089. (1) Prescription drugs dispensed by a physician
 { - or podiatric physician and surgeon - }  shall be personally
dispensed by the physician   { - or podiatric physician and
surgeon - } . Nonjudgmental dispensing functions may be delegated
to staff assistants when the accuracy and completeness of the
prescription is verified by the physician   { - or podiatric
physician and surgeon - } .
  (2) The dispensing physician shall maintain records of receipt
and distribution of prescription drugs. These records shall be
readily accessible and subject to inspection by the Oregon
Medical Board.
  (3) The dispensing physician shall label prescription drugs
with the following information:
  (a) Name of patient;
  (b) The name and address of the dispensing physician;
  (c) Date of dispensing;
  (d) The name of the drug but if the dispensed drug does not
have a brand name, the prescription label shall indicate the

Enrolled House Bill 2622 (HB 2622-B)                       Page 4

generic name of the drug dispensed along with the name of the
drug distributor or manufacturer, its quantity per unit and the
directions for its use stated in the prescription. However, if
the drug is a compound, the quantity per unit need not be stated;
  (e) Cautionary statements, if any, as required by law; and
  (f) When applicable and as determined by the State Board of
Pharmacy, an expiration date after which the patient should not
use the drug.
  (4) Prescription drugs shall be dispensed in containers
complying with the federal Poison Prevention Packaging Act unless
the patient requests a noncomplying container.
  SECTION 7. ORS 677.092 is amended to read:
  677.092. Unless state or federal laws relating to
confidentiality or the protection of health information prohibit
disclosure, a physician   { - or a podiatric physician and
surgeon - }  who has reasonable cause to believe that a licensee
of another board has engaged in prohibited conduct as defined in
ORS 676.150 shall report the prohibited conduct in the manner
provided in ORS 676.150.
  SECTION 8. ORS 677.095 is amended to read:
  677.095. (1) A physician   { - or podiatric physician and
surgeon - } 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
 { - or podiatric physicians and surgeons - }  in the same or
similar circumstances in the community of the physician   { - or
podiatric physician and surgeon - }  or a similar community.
  (2) In any suit, action or arbitration seeking damages for
professional liability from a health care provider, no issue
shall 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.
  SECTION 9. ORS 677.097 is amended to read:
  677.097. (1) In order to obtain the informed consent of a
patient, a physician  { - , podiatric physician and surgeon - }
or physician assistant shall explain the following:
  (a) In general terms the procedure or treatment to be
undertaken;
  (b) That there may be alternative procedures or methods of
treatment, if any; and
  (c) That there are risks, if any, to the procedure or
treatment.
  (2) After giving the explanation specified in subsection (1) of
this section, the physician  { - , podiatric physician and
surgeon - } or physician assistant shall ask the patient if the
patient wants a more detailed explanation. If the patient
requests further explanation, the physician  { - , podiatric
physician and surgeon - }  or physician assistant shall disclose
in substantial detail the procedure, the viable alternatives and
the material risks unless to do so would be materially
detrimental to the patient. In determining that further
explanation would be materially detrimental the physician  { - ,
podiatric physician and surgeon - }  or physician assistant shall
give due consideration to the standards of practice of reasonable
medical or podiatric practitioners in the same or a similar
community under the same or similar circumstances.
  SECTION 10. ORS 677.120 is amended to read:
  677.120. (1) As used in this section, 'health clinic' means a
public health clinic or a health clinic operated by a charitable

Enrolled House Bill 2622 (HB 2622-B)                       Page 5

corporation that mainly provides primary physical health, dental
or mental health services to low-income patients without charge
or using a sliding fee scale based on the income of the patient.
  (2) A physician   { - and surgeon - }  { + , other than a
podiatric physician and surgeon, + } who lawfully has been issued
a license to practice in another state or territory of the United
States or the District of Columbia, the qualifications and
licensing examinations of which are substantially similar to
those of the State of Oregon, may be licensed by the Oregon
Medical Board to practice medicine in this state without taking
an examination, except when an examination is required under
subsection (3) or (4) of this section.
  (3) A person described in subsection (2) of this section, whose
application is based on a license issued in another state or
territory or the District of Columbia, certification of the
National Board of Medical Examiners of the United States, the
National Board of Examiners for Osteopathic Physicians and
Surgeons or the Medical Council of Canada or successful
completion of the United States Medical Licensing Examination, 10
years or more prior to the filing of an application with the
Oregon Medical Board or who has ceased the practice of medicine
for 12 or more consecutive months, may be required by the board
to take an examination.
  (4) A person described in subsection (2) of this section who
volunteers at a health clinic and whose application is based on a
license issued in another state or territory or the District of
Columbia, certification of the National Board of Medical
Examiners of the United States, the National Board of Examiners
for Osteopathic Physicians and Surgeons or the Medical Council of
Canada or successful completion of the United States Medical
Licensing Examination or the Federation Licensing Examination may
be required by the Oregon Medical Board to take a national
licensing examination if the person has ceased the practice of
medicine for 24 or more consecutive months immediately prior to
filing the application.
  (5) The Oregon Medical Board shall make the application under
subsection (4) of this section available online. A physician
 { - and surgeon - }  applying for a license under subsection (4)
of this section shall pay to the board an application fee as
determined by the board pursuant to ORS 677.265.
  SECTION 11. ORS 677.188 is amended to read:
  677.188. As used in ORS 677.190, unless the context requires
otherwise:
  (1) 'Fraud or misrepresentation' means the intentional
misrepresentation or misstatement of a material fact, concealment
of or failure to make known any material fact, or any other means
by which misinformation or a false impression knowingly is given.
  (2) 'Fraudulent claim' means a claim submitted to any patient,
insurance or indemnity association, company or individual for the
purpose of gaining compensation, which the person making the
claim knows to be false.
  (3) 'Manifestly incurable condition, sickness, disease or
injury' means one that is declared to be incurable by competent
physicians   { - and surgeons - }  or by other recognized
authority.
  (4) 'Unprofessional or dishonorable conduct' means conduct
unbecoming a person licensed to practice medicine or podiatry, or
detrimental to the best interests of the public, and includes:
  (a) Any conduct or practice contrary to recognized standards of
ethics of the medical or podiatric profession or any conduct or

Enrolled House Bill 2622 (HB 2622-B)                       Page 6

practice which does or might constitute a danger to the health or
safety of a patient or the public or any conduct, practice or
condition which does or might adversely affect a physician's
 { - or podiatric physician and surgeon's - }  ability safely and
skillfully to practice medicine or podiatry;
  (b) Willful performance of any surgical or medical treatment
which is contrary to acceptable medical standards; and
  (c) Willful and repeated ordering or performance of unnecessary
laboratory tests or radiologic studies; administration of
unnecessary treatment; employment of outmoded, unproved or
unscientific treatments; failure to obtain consultations when
failing to do so is not consistent with the standard of care; or
otherwise utilizing medical service for diagnosis or treatment
which is or may be considered inappropriate or unnecessary.
  SECTION 12. ORS 677.235 is amended to read:
  677.235. (1) The Oregon Medical Board consists of 12 members
appointed by the Governor and subject to confirmation by the
Senate in the manner provided in ORS 171.562 and 171.565. All
members of the board must be residents of this state. Of the
members of the board:
  (a) Seven must have the degree of Doctor of Medicine;
  (b) Two must have the degree of Doctor of Osteopathy;
  (c) One must have the degree of Doctor of Podiatric Medicine;
and
  (d) Two must be members of the public representing health
consumers and who are not:
  (A) Otherwise eligible for appointment to the board; or
  (B) A spouse, domestic partner, child, parent or sibling of an
individual having the degree of Doctor of Medicine, Doctor of
Osteopathy or Doctor of Podiatric Medicine.
  (2)(a)(A) Board members required to possess the degree of
Doctor of Medicine may be selected by the Governor from a list of
three to five   { - physicians - }   { + candidates + } for each
 { - physician - }  member of the board { +  described in
subsection (1)(a) of this section + } whose term expires in that
year, submitted by the Oregon Medical Association not later than
February 1.
  (B) Board members required to possess the degree of Doctor of
Osteopathy may be selected by the Governor from a list of three
to five   { - qualified physicians - }   { + candidates + } for
each vacancy, submitted by the Osteopathic Physicians and
Surgeons of Oregon, Inc., not later than February 1 of each
odd-numbered year.
  (C) The board member required to possess the degree of Doctor
of Podiatric Medicine may be selected by the Governor from a list
of three to five   { - qualified physicians - }
 { + candidates + } submitted by the Oregon Podiatric Medical
Association not later than February 1 of each fourth year.
  (b) The physician members   { - and the member who is a
podiatric physician and surgeon - }  must have been in the active
practice of their profession for at least five years immediately
preceding their appointment.
  (c) Neither the public members nor any person who is a spouse,
domestic partner, child, parent or sibling of a public member may
be employed as a health professional.
  (d)(A) In selecting the members of the board, the Governor
shall strive to balance the representation on the board according
to geographic areas of this state and ethnic group.

Enrolled House Bill 2622 (HB 2622-B)                       Page 7

  (B) Of the seven members who hold the degree of Doctor of
Medicine, there shall be at least one member appointed from each
federal congressional district.
  (3)(a) The term of office of each board member is three years,
but a member serves at the pleasure of the Governor. The terms
must be staggered so that no more than four terms end each year.
A term begins on March 1 of the year the member is appointed and
ends on the last day of February of the third year thereafter.  A
member may not serve more than two consecutive terms.
  (b) If a vacancy occurs on the board, another qualifying member
possessing the same professional degree or fulfilling the same
public capacity as the person whose position has been vacated
shall be appointed as provided in this section to fill the
unexpired term.
  (c) A board member shall be removed immediately from the board
if, during the member's term, the member:
  (A) Is not a resident of this state;
  (B) Has been absent from three consecutive board meetings,
unless at least one absence is excused; or
  (C) Is not a current licensee or a retired licensee whose
license was in good standing at the time of retirement, if the
board member was appointed to serve on the board as a licensee.
  (4) Members of the board are entitled to compensation and
expenses as provided in ORS 292.495. The board may provide by
rule for compensation to board members for the performance of
official duties at a rate that is greater than the rate provided
in ORS 292.495.
  SECTION 13. ORS 677.265 is amended to read:
  677.265. In addition to any other powers granted by this
chapter, the Oregon Medical Board may:
  (1) Adopt necessary and proper rules for administration of this
chapter including but not limited to:
  (a) Establishing fees and charges to carry out its legal
responsibilities, subject to prior approval by the Oregon
Department of Administrative Services and a report to the
Emergency Board prior to adopting the fees and charges. The fees
and charges shall be within the budget authorized by the
Legislative Assembly as that budget may be modified by the
Emergency Board. The fees and charges established under this
section may not exceed the cost of administering the program or
the purpose for which the fee or charge is established, as
authorized by the Legislative Assembly for the Oregon Medical
Board's budget, or as modified by the Emergency Board or future
sessions of the Legislative Assembly.
  (b) Establishing standards and tests to determine the moral,
intellectual, educational, scientific, technical and professional
qualifications required of applicants for licenses under this
chapter.
  (c) Enforcing the provisions of this chapter and exercising
general supervision over the practice of medicine and podiatry
within this state. In determining whether to discipline a
licensee for a standard of care violation, the Oregon Medical
Board shall determine whether the licensee used that degree of
care, skill and diligence that is used by ordinarily careful
physicians   { - or podiatric physicians and surgeons - }  in the
same or similar circumstances in the community of the physician
 { - or podiatric physician and surgeon - }  or a similar
community.

Enrolled House Bill 2622 (HB 2622-B)                       Page 8

  (2) Issue, deny, suspend and revoke licenses and limited
licenses, assess costs of proceedings and fines and place
licensees on probation as provided in this chapter.
  (3) Use the gratuitous services and facilities of private
organizations to receive the assistance and recommendations of
the organizations in administering this chapter.
  (4) Make its personnel and facilities available to other
regulatory agencies of this state, or other bodies interested in
the development and improvement of the practice of medicine or
podiatry in this state, upon terms and conditions for
reimbursement as are agreed to by the Oregon Medical Board and
the other agency or body.
  (5) Appoint examiners, who need not be members of the Oregon
Medical Board, and employ or contract with the American Public
Health Association or the National Board of Medical Examiners or
other organizations, agencies and persons to prepare examination
questions and score examination papers.
  (6) Determine the schools, colleges, universities, institutions
and training acceptable in connection with licensing under this
chapter. All residency, internship and other training programs
carried on in this state by any hospital, institution or medical
facility shall be subject to approval by the Oregon Medical
Board. The board shall accept the approval by the American
Osteopathic Association or the American Medical Association in
lieu of approval by the board.
  (7) Prescribe the time, place, method, manner, scope and
subjects of examinations under this chapter.
  (8) Prescribe all forms that it considers appropriate for the
purposes of this chapter, and require the submission of
photographs and relevant personal history data by applicants for
licensure under this chapter.
  (9) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, require the
fingerprints of a person who is:
  (a) Applying for a license that is issued by the board;
  (b) Applying for renewal of a license that is issued by the
board; or
  (c) Under investigation by the board.
  (10) Administer oaths, issue notices and subpoenas in the name
of the board, enforce subpoenas in the manner authorized by ORS
183.440, hold hearings and perform such other acts as are
reasonably necessary to carry out its duties under this chapter.
  SECTION 14. ORS 677.450 is amended to read:
  677.450. The Oregon Medical Board may release information
received under ORS 441.820 concerning the revocation or
restriction of a physician's   { - or podiatric physician and
surgeon's - }  activities at a health care facility to any other
health care facility licensed under ORS 441.015 to 441.087,
441.525 to 441.595, 441.815, 441.820, 441.990, 442.342, 442.344
and 442.400 to 442.463 at which that physician   { - or podiatric
physician and surgeon - }  holds or has applied for staff
privileges or other right to practice medicine or podiatry at the
facility.

                               { +
STATUTES REGULATING PODIATRY + }

  SECTION 15.  { + (1) ORS 677.805 to 677.840 are added to and
made a part of ORS chapter 677.

Enrolled House Bill 2622 (HB 2622-B)                       Page 9

  (2) ORS 677.837 is added to and made a part of ORS 677.805 to
677.840. + }
  SECTION 16. ORS 677.805 is amended to read:
  677.805. As used in ORS 677.805 to 677.840  { - : - }
 { + , + }
    { - (1) - }  'ankle' means the tibial plafond and its
posterolateral border or posterior malleolus, the medial
malleolus, the distal fibula or lateral malleolus, and the talus.
    { - (2) 'Board' means the Oregon Medical Board. - }
    { - (3) 'Podiatric physician and surgeon' means a podiatric
physician and surgeon who treats ailments of the human foot,
ankle and tendons directly attached to and governing the function
of the foot and ankle. - }
    { - (4)(a) 'Podiatry' means: - }
    { - (A) The diagnosis or the medical, physical or surgical
treatment of ailments of the human foot, ankle and tendons
directly attached to and governing the function of the foot and
ankle, except treatment involving the use of a general or spinal
anesthetic unless the treatment is performed in a hospital
licensed under ORS 441.025 or in an ambulatory surgical center
licensed by the Oregon Health Authority and is under the
supervision of or in collaboration with a physician; and - }
    { - (B) Assisting a physician in surgery under ORS
677.814. - }
    { - (b) 'Podiatry' does not include the administration of
general or spinal anesthetics or the amputation of the entire
foot. - }
  SECTION 17. ORS 677.814 is amended to read:
  677.814. A podiatric physician and surgeon may assist   { - a
physician - }  in  { + performing + } surgery on any part of the
body.
  SECTION 18. ORS 677.815 is amended to read:
  677.815. (1) ORS 677.805 to 677.840 do not prevent:
  (a) Any person, firm or corporation from manufacturing,
selling, fitting or adjusting any shoe or appliance designed and
intended to equalize pressure on different parts of the foot.
  (b) The sale by licensed druggists of plasters, salves and
lotions for the relief and cure of corns, warts, callosities and
bunions.
  (2) ORS 677.805 to 677.840 shall not be construed to apply to
or interfere with:
  (a) The practice of any person whose religion treats or
administers to the sick or suffering by purely spiritual means,
nor with any individual's selection of any such person.
  (b) Physicians licensed by the Oregon Medical Board,  { + other
than physicians licensed under ORS 677.805 to 677.840, + } nor to
surgeons of the United States Army, Navy and United States Public
Health Service, when in actual performance of their official
duties.

                               { +
MEDICAL SERVICES CONTRACTS + }

  SECTION 19. ORS 743.803 is amended to read:
  743.803. (1) A medical services contract may not require the
provider, as an element of the contract or as a condition of
compensation for services, to agree:
  (a) In the event of alleged improper medical treatment of a
patient, to indemnify the other party to the medical services
contract for any damages, awards or liabilities including but not

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limited to judgments, settlements, attorney fees, court costs and
any associated charges incurred for any reason other than the
negligence or intentional act of the provider or the provider's
employees;
  (b) To charge the other party to the medical services contract
a rate for services rendered pursuant to the medical services
contract that is no greater than the lowest rate that the
provider charges for the same service to any other person;
  (c) To deny care to a patient because of a determination made
pursuant to the medical services contract that the care is not
covered or is experimental, or to deny referral of a patient to
another provider for the provision of such care, if the patient
is informed that the patient will be responsible for the payment
of such noncovered, experimental or referral care and the patient
nonetheless desires to obtain such care or referral; or
  (d) Upon the provider's withdrawal from or termination or
nonrenewal of the medical services contract, not to treat or
solicit a patient even at that patient's request and expense.
  (2) A medical services contract shall:
  (a) Grant to the provider adequate notice and hearing
procedures, or such other procedures as are fair to the provider
under the circumstances, prior to termination or nonrenewal of
the medical services contract when such termination or nonrenewal
is based upon issues relating to the quality of patient care
rendered by the provider.
  (b) Set forth generally the criteria used by the other party to
the medical services contract for the termination or nonrenewal
of the medical services contract.
  (c) Entitle the provider to an annual accounting accurately
summarizing the financial transactions between the parties to the
medical services contract for that year.
  (d) Allow the provider to withdraw from the care of a patient
when, in the professional judgment of the provider, it is in the
best interest of the patient to do so.
  (e) Provide that a doctor of medicine or  { + doctor of + }
osteopathy licensed under ORS chapter 677 shall be retained by
the other party to the medical services contract and shall be
responsible for all final medical and mental health decisions
relating to coverage or payment made pursuant to the medical
services contract.
  (f) Provide that a physician { + , as defined in ORS
677.010, + } who is practicing in conformity with ORS 677.095 may
advocate a decision, policy or practice without being subject to
termination or penalty for the sole reason of such advocacy.
  (g)(A) Entitle the party to the medical services contract who
is being reimbursed for the provision of health care services on
a basis that includes financial risk withholds, or the party's
representative, to a full accounting of health benefits claims
data and related financial information on no less than a
quarterly basis by the party to a medical service contract who
has made reimbursement, as follows:
  (i) The data shall include all pertinent information relating
to the health care services provided, including related provider
and patient information, reimbursements made and amounts withheld
under the financial risk withhold provisions of the medical
services contract for the period of time under reconciliation and
settlement between the parties.
  (ii) Any reconciliation and settlement undertaken pursuant to a
medical services contract shall be based directly and exclusively

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upon data provided to the party who is being reimbursed for the
provision of health care services.
  (iii) All data, including supplemental information or
documentation, necessary to finalize the reconciliation and
settlement provisions of a medical services contract relating to
financial risk withholds shall be provided to the party who is
being reimbursed for the provision of health care services no
later than 30 days prior to finalizing the reconciliation and
settlement.
  (B) Nothing in this paragraph shall be construed to prevent
parties to a medical services contract from mutually agreeing to
alternative reconciliation and settlement policies and
procedures.
  (h) Provide that when continuity of care is required to be
provided under a health benefit plan by ORS 743.854, the insurer
and the individual provider shall provide continuity of care to
enrollees as provided in ORS 743.854.
  (3) The other party to a medical services contract shall not:
  (a) Refer to other documents or instruments in a contract
unless the nonprovider party agrees to make available to the
provider for review a copy of the documents or instruments within
72 hours of request; or
  (b) Provide as an element of a contract with a third party
relating to the provision of medical services to a patient of the
provider that the provider's patient may not sue or otherwise
recover from the nonprovider party, or must hold the nonprovider
party harmless for, any and all expenses, damages, awards or
liabilities that arise from the management decisions, utilization
review provisions or other policies or determinations of the
nonprovider party that have an impact on the provider's treatment
decisions and actions with regard to the patient.
  (4) An insurer, independent practice association, medical or
mental health clinic or other party to a medical services
contract shall provide the criteria for selection of parties to
future medical services contracts upon the request of current or
prospective parties.

                               { +
CONFORMING AMENDMENTS + }

  SECTION 20. ORS 31.740 is amended to read:
  31.740. Punitive damages may not be awarded against a health
practitioner if:
  (1) The health practitioner is licensed, registered or
certified as:
  (a) A psychologist under ORS 675.030 to 675.070, 675.085 and
675.090;
  (b) An occupational therapist under ORS 675.230 to 675.300;
  (c) A regulated social worker under ORS 675.510 to 675.600;
  (d) A physician under ORS 677.100 to 677.228  { + or 677.805 to
677.840 + };
  (e) An emergency medical services provider under ORS chapter
682;
    { - (f) A podiatric physician and surgeon under ORS 677.820
to 677.840; - }
    { - (g) - }   { + (f) + } A nurse under ORS 678.040 to
678.101;
    { - (h) - }   { + (g) + } A nurse practitioner under ORS
678.375 to 678.390;

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    { - (i) - }   { + (h) + } A dentist under ORS 679.060 to
679.180;
    { - (j) - }   { + (i) + } A dental hygienist under ORS
680.040 to 680.100;
    { - (k) - }   { + (j) + } A denturist under ORS 680.515 to
680.535;
    { - (L) - }   { + (k) + } An audiologist or speech-language
pathologist under ORS 681.250 to 681.350;
    { - (m) - }   { + (L) + } An optometrist under ORS 683.040 to
683.155 and 683.170 to 683.220;
    { - (n) - }   { + (m) + } A chiropractor under ORS 684.040 to
684.105;
    { - (o) - }   { + (n) + } A naturopath under ORS 685.060 to
685.110, 685.125 and 685.135;
    { - (p) - }   { + (o) + } A massage therapist under ORS
687.011 to 687.250;
    { - (q) - }   { + (p) + } A physical therapist under ORS
688.040 to 688.145;
    { - (r) - }   { + (q) + } A medical imaging licensee under
ORS 688.445 to 688.525;
    { - (s) - }   { + (r) + } A pharmacist under ORS 689.151 and
689.225 to 689.285;
    { - (t) - }   { + (s) + } A physician assistant as provided
by ORS 677.505 to 677.525; or
    { - (u) - }   { + (t) + } A professional counselor or
marriage and family therapist under ORS 675.715 to 675.835; and
  (2) The health practitioner was engaged in conduct regulated by
the license, registration or certificate issued by the
appropriate governing body and was acting within the scope of
practice for which the license, registration or certificate was
issued and without malice.
  SECTION 21. ORS 58.015 is amended to read:
  58.015. As used in this chapter, unless the context requires
otherwise:
  (1) 'Foreign professional corporation' means a professional
corporation organized under laws other than the laws of this
state.
  (2) 'License' includes a license, certificate of registration,
permit or other legal authorization required by law as a
condition precedent to the rendering of professional service or
services within this state.
  (3) 'Oregon Business Corporation Act' has the same meaning
given that term in ORS 60.951.
  (4) 'Practicing medicine' has the meaning given that term in
ORS 677.085.
  (5) 'Professional' means:
  (a) Accountants licensed under ORS 673.010 to 673.457 or the
laws of another state;
  (b) Architects licensed under ORS 671.010 to 671.220 or the
laws of another state;
  (c) Attorneys licensed under ORS 9.005 to 9.755 or the laws of
another state;
  (d) Chiropractors licensed under ORS chapter 684 or the laws of
another state;
  (e) Dentists licensed under ORS chapter 679 or the laws of
another state;
  (f) Landscape architects licensed under ORS 671.310 to 671.459
or the laws of another state;
  (g) Naturopaths licensed under ORS chapter 685 or the laws of
another state;

Enrolled House Bill 2622 (HB 2622-B)                      Page 13

  (h) Nurse practitioners licensed under ORS 678.010 to 678.410
or the laws of another state;
  (i) Psychologists licensed under ORS 675.010 to 675.150 or the
laws of another state;
  (j) Physicians licensed under ORS chapter 677 or the laws of
another state;
    { - (k) Podiatrists licensed under ORS chapter 677 or the
laws of another state; - }
    { - (L) - }   { + (k) + } Medical imaging licensees under ORS
688.405 to 688.605 or the laws of another state;
    { - (m) - }   { + (L) + } Real estate appraisers licensed or
certified under ORS chapter 674 or the laws of another state; and
    { - (n) - }   { + (m) + } Other persons providing to the
public types of personal service or services substantially
similar to those listed in paragraphs (a) to   { - (m) - }
 { + (L) + } of this subsection that may be lawfully rendered
only pursuant to a license.
  (6) 'Professional corporation' or 'domestic professional
corporation' means a corporation organized under this chapter for
the specific purpose of rendering professional service or
services and for such other purposes provided under this chapter.
  (7) 'Professional service' means personal service or services
rendered in this state to the public which may be lawfully
rendered only pursuant to a license by a professional.
  (8) 'Regulatory board' means the governmental agency of the
State of Oregon required or authorized by law to license and
regulate the rendering of a professional service or services for
which a professional corporation is organized.
  SECTION 22. ORS 67.005 is amended to read:
  67.005. As used in this chapter:
  (1) 'Business' includes every trade, occupation, profession and
commercial activity.
  (2) 'Debtor in bankruptcy' means a person who is the subject
of:
  (a) An order for relief under Title 11 of the United States
Code or a comparable order under a successor statute of general
application; or
  (b) A comparable order under federal, state or foreign law
governing insolvency.
  (3) 'Dissociated partner' means a partner with respect to whom
an event specified in ORS 67.220 has occurred.
  (4) 'Distribution' means a transfer of money or other property
from a partnership to a partner in the partner's capacity as a
partner or to the partner's transferee.
  (5) 'Foreign limited liability partnership' means a partnership
that:
  (a) Is formed under laws other than the law of this state; and
  (b) Has the status of a limited liability partnership under
those laws.
  (6) 'Limited liability partnership' means a partnership that
has registered under ORS 67.590, and has not registered or
qualified in any other jurisdiction other than as a foreign
limited liability partnership.
  (7) 'Partnership' means an association of two or more persons
to carry on as co-owners a business for profit created under ORS
67.055, predecessor law, or comparable law of another
jurisdiction. A partnership includes a limited liability
partnership.

Enrolled House Bill 2622 (HB 2622-B)                      Page 14

  (8) 'Partnership agreement' means the agreement, whether
written, oral or implied, among the partners concerning the
partnership, including amendments to the partnership agreement.
  (9) 'Partnership at will' means a partnership in which the
partners have not agreed to remain partners until the expiration
of a definite term or the completion of a particular undertaking.
  (10) 'Partnership interest' or 'partner's interest in the
partnership' means all of a partner's interests in the
partnership, including the partner's transferable interest and
all management and other rights.
  (11) 'Person' means an individual, corporation, business trust,
partnership, limited liability company, association, joint
venture, government, governmental subdivision, agency,
instrumentality or any other legal or commercial entity.
  (12) 'Professional' means:
  (a) Accountants licensed under ORS 673.010 to 673.457 or the
laws of another state;
  (b) Architects licensed under ORS 671.010 to 671.220 or the
laws of another state;
  (c) Attorneys licensed under ORS 9.005 to 9.755 or the laws of
another state;
  (d) Chiropractors licensed under ORS chapter 684 or the laws of
another state;
  (e) Dentists licensed under ORS chapter 679 or the laws of
another state;
  (f) Landscape architects licensed under ORS 671.310 to 671.459
or the laws of another state;
  (g) Naturopaths licensed under ORS chapter 685 or the laws of
another state;
  (h) Nurse practitioners licensed under ORS 678.010 to 678.410
or the laws of another state;
  (i) Psychologists licensed under ORS 675.010 to 675.150 or the
laws of another state;
  (j) Physicians licensed under ORS chapter 677 or the laws of
another state;
    { - (k) Podiatrists licensed under ORS chapter 677 or the
laws of another state; - }
    { - (L) - }   { + (k) + } Medical imaging licensees under ORS
688.405 to 688.605 or the laws of another state;
    { - (m) - }   { + (L) + } Real estate appraisers licensed
under ORS chapter 674 or the laws of another state; and
    { - (n) - }   { + (m) + } Other persons providing to the
public types of personal service or services substantially
similar to those listed in paragraphs (a) to   { - (m) - }
 { + (L) + } of this subsection that may be lawfully rendered
only pursuant to a license.
  (13) 'Professional service' means the service rendered by a
professional.
  (14) 'Property' means all property, real, personal or mixed,
tangible or intangible, or any interest therein.
  (15) 'State' means a state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico or any territory or
insular possession subject to the jurisdiction of the United
States.
  (16) 'Transfer' includes an assignment, conveyance, lease,
mortgage, deed, encumbrance, creation of a security interest and
any other disposition.
  (17) 'Transferable interest of a partner in the partnership'
means the partner's share of the profits and losses of the
partnership and the partner's right to receive distributions.

Enrolled House Bill 2622 (HB 2622-B)                      Page 15

  SECTION 23. ORS 124.050 is amended to read:
  124.050. As used in ORS 124.050 to 124.095:
  (1) 'Abuse' means one or more of the following:
  (a) Any physical injury to an elderly person caused by other
than accidental means, or which appears to be at variance with
the explanation given of the injury.
  (b) Neglect.
  (c) Abandonment, including desertion or willful forsaking of an
elderly person or the withdrawal or neglect of duties and
obligations owed an elderly person by a caretaker or other
person.
  (d) Willful infliction of physical pain or injury upon an
elderly person.
  (e) An act that constitutes a crime under ORS 163.375, 163.405,
163.411, 163.415, 163.425, 163.427, 163.465 or 163.467.
  (f) Verbal abuse.
  (g) Financial exploitation.
  (h) Sexual abuse.
  (i) Involuntary seclusion of an elderly person for the
convenience of a caregiver or to discipline the person.
  (j) A wrongful use of a physical or chemical restraint of an
elderly person, excluding an act of restraint prescribed by a
  { - licensed - }  physician  { + licensed under ORS chapter
677 + } and any treatment activities that are consistent with an
approved treatment plan or in connection with a court order.
  (2) 'Elderly person' means any person 65 years of age or older
who is not subject to the provisions of ORS 441.640 to 441.665.
  (3) 'Facility' means:
  (a) A long term care facility as that term is defined in ORS
442.015.
  (b) A residential facility as that term is defined in ORS
443.400, including but not limited to an assisted living
facility.
  (c) An adult foster home as that term is defined in ORS
443.705.
  (4) 'Financial exploitation' means:
  (a) Wrongfully taking the assets, funds or property belonging
to or intended for the use of an elderly person or a person with
a disability.
  (b) Alarming an elderly person or a person with a disability by
conveying a threat to wrongfully take or appropriate money or
property of the person if the person would reasonably believe
that the threat conveyed would be carried out.
  (c) Misappropriating, misusing or transferring without
authorization any money from any account held jointly or singly
by an elderly person or a person with a disability.
  (d) Failing to use the income or assets of an elderly person or
a person with a disability effectively for the support and
maintenance of the person.
  (5) 'Intimidation' means compelling or deterring conduct by
threat.
  (6) 'Law enforcement agency' means:
  (a) Any city or municipal police department.
  (b) Any county sheriff's office.
  (c) The Oregon State Police.
  (d) Any district attorney.
  (e) A police department established by a university under ORS
352.383.
  (7) 'Neglect' means:

Enrolled House Bill 2622 (HB 2622-B)                      Page 16

  (a) Failure to provide the care, supervision or services
necessary to maintain the physical and mental health of an
elderly person that may result in physical harm or significant
emotional harm to the elderly person; or
  (b) The failure of a caregiver to make a reasonable effort to
protect an elderly person from abuse.
  (8) 'Person with a disability' means a person described in:
  (a) ORS 410.040 (7); or
  (b) ORS 410.715.
  (9) 'Public or private official' means:
  (a) Physician { +  or physician assistant licensed under ORS
chapter 677 + }, naturopathic physician,   { - osteopathic
physician, - }   { + or + } chiropractor  { - , physician
assistant or podiatric physician and surgeon - } , including any
intern or resident.
  (b) Licensed practical nurse, registered nurse, nurse
practitioner, nurse's aide, home health aide or employee of an
in-home health service.
  (c) Employee of the Department of Human Services or community
developmental disabilities program.
  (d) Employee of the Oregon Health Authority, county health
department or community mental health program.
  (e) Peace officer.
  (f) Member of the clergy.
  (g) Regulated social worker.
  (h) Physical, speech or occupational therapist.
  (i) Senior center employee.
  (j) Information and referral or outreach worker.
  (k) Licensed professional counselor or licensed marriage and
family therapist.
  (L) Any public official who comes in contact with elderly
persons in the performance of the official's official duties.
  (m) Firefighter or emergency medical services provider.
  (n) Psychologist.
  (o) Provider of adult foster care or an employee of the
provider.
  (p) Audiologist.
  (q) Speech-language pathologist.
  (10) 'Services' includes but is not limited to the provision of
food, clothing, medicine, housing, medical services, assistance
with bathing or personal hygiene or any other service essential
to the well-being of an elderly person.
  (11)(a) 'Sexual abuse' means:
  (A) Sexual contact with an elderly person who does not consent
or is considered incapable of consenting to a sexual act under
ORS 163.315;
  (B) Sexual harassment, sexual exploitation or inappropriate
exposure to sexually explicit material or language;
  (C) Any sexual contact between an employee of a facility or
paid caregiver and an elderly person served by the facility or
caregiver;
  (D) Any sexual contact between an elderly person and a relative
of the elderly person other than a spouse; or
  (E) Any sexual contact that is achieved through force,
trickery, threat or coercion.
  (b) 'Sexual abuse' does not mean consensual sexual contact
between an elderly person and a paid caregiver who is the spouse
of the elderly person.
  (12) 'Sexual contact' has the meaning given that term in ORS
163.305.

Enrolled House Bill 2622 (HB 2622-B)                      Page 17

  (13) 'Verbal abuse' means to threaten significant physical or
emotional harm to an elderly person or a person with a disability
through the use of:
  (a) Derogatory or inappropriate names, insults, verbal
assaults, profanity or ridicule; or
  (b) Harassment, coercion, threats, intimidation, humiliation,
mental cruelty or inappropriate sexual comments.
  SECTION 24. ORS 192.556 is amended to read:
  192.556. As used in ORS 192.553 to 192.581:
  (1) 'Authorization' means a document written in plain language
that contains at least the following:
  (a) A description of the information to be used or disclosed
that identifies the information in a specific and meaningful way;
  (b) The name or other specific identification of the person or
persons authorized to make the requested use or disclosure;
  (c) The name or other specific identification of the person or
persons to whom the covered entity may make the requested use or
disclosure;
  (d) A description of each purpose of the requested use or
disclosure, including but not limited to a statement that the use
or disclosure is at the request of the individual;
  (e) An expiration date or an expiration event that relates to
the individual or the purpose of the use or disclosure;
  (f) The signature of the individual or personal representative
of the individual and the date;
  (g) A description of the authority of the personal
representative, if applicable; and
  (h) Statements adequate to place the individual on notice of
the following:
  (A) The individual's right to revoke the authorization in
writing;
  (B) The exceptions to the right to revoke the authorization;
  (C) The ability or inability to condition treatment, payment,
enrollment or eligibility for benefits on whether the individual
signs the authorization; and
  (D) The potential for information disclosed pursuant to the
authorization to be subject to redisclosure by the recipient and
no longer protected.
  (2) 'Covered entity' means:
  (a) A state health plan;
  (b) A health insurer;
  (c) A health care provider that transmits any health
information in electronic form to carry out financial or
administrative activities in connection with a transaction
covered by ORS 192.553 to 192.581; or
  (d) A health care clearinghouse.
  (3) 'Health care' means care, services or supplies related to
the health of an individual.
  (4) 'Health care operations' includes but is not limited to:
  (a) Quality assessment, accreditation, auditing and improvement
activities;
  (b) Case management and care coordination;
  (c) Reviewing the competence, qualifications or performance of
health care providers or health insurers;
  (d) Underwriting activities;
  (e) Arranging for legal services;
  (f) Business planning;
  (g) Customer services;
  (h) Resolving internal grievances;
  (i) Creating deidentified information; and

Enrolled House Bill 2622 (HB 2622-B)                      Page 18

  (j) Fundraising.
  (5) 'Health care provider' includes but is not limited to:
  (a) A psychologist, occupational therapist, regulated social
worker, professional counselor or marriage and family therapist
licensed or otherwise authorized to practice under ORS chapter
675 or an employee of the psychologist, occupational therapist,
regulated social worker, professional counselor or marriage and
family therapist;
  (b) A physician  { - , podiatric physician and surgeon, - }
 { + or + } physician assistant   { - or acupuncturist - }
licensed under ORS chapter 677 { + , an acupuncturist licensed
under ORS 677.759 + } or an employee of the physician,
 { - podiatric physician and surgeon, - }  physician assistant or
acupuncturist;
  (c) A nurse or nursing home administrator licensed under ORS
chapter 678 or an employee of the nurse or nursing home
administrator;
  (d) A dentist licensed under ORS chapter 679 or an employee of
the dentist;
  (e) A dental hygienist or denturist licensed under ORS chapter
680 or an employee of the dental hygienist or denturist;
  (f) A speech-language pathologist or audiologist licensed under
ORS chapter 681 or an employee of the speech-language pathologist
or audiologist;
  (g) An emergency medical services provider licensed under ORS
chapter 682;
  (h) An optometrist licensed under ORS chapter 683 or an
employee of the optometrist;
  (i) A chiropractic physician licensed under ORS chapter 684 or
an employee of the chiropractic physician;
  (j) A naturopathic physician licensed under ORS chapter 685 or
an employee of the naturopathic physician;
  (k) A massage therapist licensed under ORS 687.011 to 687.250
or an employee of the massage therapist;
  (L) A direct entry midwife licensed under ORS 687.405 to
687.495 or an employee of the direct entry midwife;
  (m) A physical therapist licensed under ORS 688.010 to 688.201
or an employee of the physical therapist;
  (n) A medical imaging licensee under ORS 688.405 to 688.605 or
an employee of the medical imaging licensee;
  (o) A respiratory care practitioner licensed under ORS 688.815
or an employee of the respiratory care practitioner;
  (p) A polysomnographic technologist licensed under ORS 688.819
or an employee of the polysomnographic technologist;
  (q) A pharmacist licensed under ORS chapter 689 or an employee
of the pharmacist;
  (r) A dietitian licensed under ORS 691.405 to 691.485 or an
employee of the dietitian;
  (s) A funeral service practitioner licensed under ORS chapter
692 or an employee of the funeral service practitioner;
  (t) A health care facility as defined in ORS 442.015;
  (u) A home health agency as defined in ORS 443.005;
  (v) A hospice program as defined in ORS 443.850;
  (w) A clinical laboratory as defined in ORS 438.010;
  (x) A pharmacy as defined in ORS 689.005;
  (y) A diabetes self-management program as defined in ORS
743A.184; and
  (z) Any other person or entity that furnishes, bills for or is
paid for health care in the normal course of business.

Enrolled House Bill 2622 (HB 2622-B)                      Page 19

  (6) 'Health information' means any oral or written information
in any form or medium that:
  (a) Is created or received by a covered entity, a public health
authority, an employer, a life insurer, a school, a university or
a health care provider that is not a covered entity; and
  (b) Relates to:
  (A) The past, present or future physical or mental health or
condition of an individual;
  (B) The provision of health care to an individual; or
  (C) The past, present or future payment for the provision of
health care to an individual.
  (7) 'Health insurer' means:
  (a) An insurer as defined in ORS 731.106 who offers:
  (A) A health benefit plan as defined in ORS 743.730;
  (B) A short term health insurance policy, the duration of which
does not exceed six months including renewals;
  (C) A student health insurance policy;
  (D) A Medicare supplemental policy; or
  (E) A dental only policy.
  (b) The Oregon Medical Insurance Pool operated by the Oregon
Medical Insurance Pool Board under ORS 735.600 to 735.650.
  (8) 'Individually identifiable health information' means any
oral or written health information in any form or medium that is:
  (a) Created or received by a covered entity, an employer or a
health care provider that is not a covered entity; and
  (b) Identifiable to an individual, including demographic
information that identifies the individual, or for which there is
a reasonable basis to believe the information can be used to
identify an individual, and that relates to:
  (A) The past, present or future physical or mental health or
condition of an individual;
  (B) The provision of health care to an individual; or
  (C) The past, present or future payment for the provision of
health care to an individual.
  (9) 'Payment' includes but is not limited to:
  (a) Efforts to obtain premiums or reimbursement;
  (b) Determining eligibility or coverage;
  (c) Billing activities;
  (d) Claims management;
  (e) Reviewing health care to determine medical necessity;
  (f) Utilization review; and
  (g) Disclosures to consumer reporting agencies.
  (10) 'Personal representative' includes but is not limited to:
  (a) A person appointed as a guardian under ORS 125.305,
419B.370, 419C.481 or 419C.555 with authority to make medical and
health care decisions;
  (b) A person appointed as a health care representative under
ORS 127.505 to 127.660 or a representative under ORS 127.700 to
127.737 to make health care decisions or mental health treatment
decisions;
  (c) A person appointed as a personal representative under ORS
chapter 113; and
  (d) A person described in ORS 192.573.
  (11)(a) 'Protected health information' means individually
identifiable health information that is maintained or transmitted
in any form of electronic or other medium by a covered entity.
  (b) 'Protected health information' does not mean individually
identifiable health information in:
  (A) Education records covered by the federal Family Educational
Rights and Privacy Act (20 U.S.C. 1232g);

Enrolled House Bill 2622 (HB 2622-B)                      Page 20

  (B) Records described at 20 U.S.C. 1232g(a)(4)(B)(iv); or
  (C) Employment records held by a covered entity in its role as
employer.
  (12) 'State health plan' means:
  (a) Medical assistance as defined in ORS 414.025;
  (b) The Health Care for All Oregon Children program;
  (c) The Family Health Insurance Assistance Program established
in ORS 414.841 to 414.864; or
  (d) Any medical assistance or premium assistance program
operated by the Oregon Health Authority.
  (13) 'Treatment' includes but is not limited to:
  (a) The provision, coordination or management of health care;
and
  (b) Consultations and referrals between health care providers.
  SECTION 25. ORS 315.616 is amended to read:
  315.616. A resident or nonresident individual who is certified
as eligible under ORS 442.561, 442.562, 442.563 or 442.564, and
is licensed as a physician   { - or podiatric physician and
surgeon - }  under ORS chapter 677, licensed as a physician
assistant under ORS chapter 677, licensed as a nurse practitioner
under ORS chapter 678, licensed as a certified registered nurse
anesthetist under ORS chapter 678, licensed as a dentist under
ORS chapter 679 or licensed as an optometrist under ORS 683.010
to 683.340 is entitled to the tax credit described in ORS 315.613
even if not a member of the hospital medical staff if the Office
of Rural Health certifies that the individual:
  (1) Has a rural practice that amounts to 60 percent of the
individual's practice; and
  (2)(a) If a physician or a physician assistant, can cause a
patient to be admitted to the hospital;
  (b) If a certified registered nurse anesthetist, is employed by
or has a contractual relationship with one of the hospitals
described in ORS 315.613 (1); or
  (c) If an optometrist, has consulting privileges with a
hospital listed in ORS 315.613 (1). This paragraph does not apply
to an optometrist who qualifies as a 'frontier rural
practitioner,' as defined by the Office of Rural Health.
  SECTION 26. ORS 419B.005, as amended by section 60, chapter 37,
Oregon Laws 2012, and section 1, chapter 92, Oregon Laws 2012, is
amended to read:
  419B.005. As used in ORS 419B.005 to 419B.050, unless the
context requires otherwise:
  (1)(a) 'Abuse' means:
  (A) Any assault, as defined in ORS chapter 163, of a child and
any physical injury to a child which has been caused by other
than accidental means, including any injury which appears to be
at variance with the explanation given of the injury.
  (B) Any mental injury to a child, which shall include only
observable and substantial impairment of the child's mental or
psychological ability to function caused by cruelty to the child,
with due regard to the culture of the child.
  (C) Rape of a child, which includes but is not limited to rape,
sodomy, unlawful sexual penetration and incest, as those acts are
described in ORS chapter 163.
  (D) Sexual abuse, as described in ORS chapter 163.
  (E) Sexual exploitation, including but not limited to:
  (i) Contributing to the sexual delinquency of a minor, as
defined in ORS chapter 163, and any other conduct which allows,
employs, authorizes, permits, induces or encourages a child to
engage in the performing for people to observe or the

Enrolled House Bill 2622 (HB 2622-B)                      Page 21

photographing, filming, tape recording or other exhibition which,
in whole or in part, depicts sexual conduct or contact, as
defined in ORS 167.002 or described in ORS 163.665 and 163.670,
sexual abuse involving a child or rape of a child, but not
including any conduct which is part of any investigation
conducted pursuant to ORS 419B.020 or which is designed to serve
educational or other legitimate purposes; and
  (ii) Allowing, permitting, encouraging or hiring a child to
engage in prostitution or to patronize a prostitute, as defined
in ORS chapter 167.
  (F) Negligent treatment or maltreatment of a child, including
but not limited to the failure to provide adequate food,
clothing, shelter or medical care that is likely to endanger the
health or welfare of the child.
  (G) Threatened harm to a child, which means subjecting a child
to a substantial risk of harm to the child's health or welfare.
  (H) Buying or selling a person under 18 years of age as
described in ORS 163.537.
  (I) Permitting a person under 18 years of age to enter or
remain in or upon premises where methamphetamines are being
manufactured.
  (J) Unlawful exposure to a controlled substance, as defined in
ORS 475.005, that subjects a child to a substantial risk of harm
to the child's health or safety.
  (b) 'Abuse' does not include reasonable discipline unless the
discipline results in one of the conditions described in
paragraph (a) of this subsection.
  (2) 'Child' means an unmarried person who is under 18 years of
age.
  (3) 'Higher education institution' means:
  (a) A community college as defined in ORS 341.005;
  (b) A public university listed in ORS 352.002;
  (c) The Oregon Health and Science University; and
  (d) A private institution of higher education located in
Oregon.
  (4) 'Law enforcement agency' means:
  (a) A city or municipal police department.
  (b) A county sheriff's office.
  (c) The Oregon State Police.
  (d) A police department established by a university under ORS
352.383.
  (e) A county juvenile department.
  (5) 'Public or private official' means:
  (a) Physician  { - , osteopathic physician, - }   { + or + }
physician assistant  { - , - }   { + licensed under ORS chapter
677 or + } naturopathic physician  { - , podiatric physician and
surgeon - } , including any intern or resident.
  (b) Dentist.
  (c) School employee, including an employee of a higher
education institution.
  (d) Licensed practical nurse, registered nurse, nurse
practitioner, nurse's aide, home health aide or employee of an
in-home health service.
  (e) Employee of the Department of Human Services, Oregon Health
Authority, Early Learning Council, Youth Development Council,
Child Care Division of the Employment Department, the Oregon
Youth Authority, a county health department, a community mental
health program, a community developmental disabilities program, a
county juvenile department, a licensed child-caring agency or an
alcohol and drug treatment program.

Enrolled House Bill 2622 (HB 2622-B)                      Page 22

  (f) Peace officer.
  (g) Psychologist.
  (h) Member of the clergy.
  (i) Regulated social worker.
  (j) Optometrist.
  (k) Chiropractor.
  (L) Certified provider of foster care, or an employee thereof.
  (m) Attorney.
  (n) Licensed professional counselor.
  (o) Licensed marriage and family therapist.
  (p) Firefighter or emergency medical services provider.
  (q) A court appointed special advocate, as defined in ORS
419A.004.
  (r) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
  (s) Member of the Legislative Assembly.
  (t) Physical, speech or occupational therapist.
  (u) Audiologist.
  (v) Speech-language pathologist.
  (w) Employee of the Teacher Standards and Practices Commission
directly involved in investigations or discipline by the
commission.
  (x) Pharmacist.
  (y) An operator of a preschool recorded program under ORS
657A.255.
  (z) An operator of a school-age recorded program under ORS
657A.257.
  (aa) Employee of a private agency or organization facilitating
the provision of respite services, as defined in ORS 418.205, for
parents pursuant to a properly executed power of attorney under
ORS 109.056.
  (bb) Employee of a public or private organization providing
child-related services or activities:
  (A) Including but not limited to youth groups or centers, scout
groups or camps, summer or day camps, survival camps or groups,
centers or camps that are operated under the guidance,
supervision or auspices of religious, public or private
educational systems or community service organizations; and
  (B) Excluding community-based, nonprofit organizations whose
primary purpose is to provide confidential, direct services to
victims of domestic violence, sexual assault, stalking or human
trafficking.
  (cc) A coach, assistant coach or trainer of an amateur,
semiprofessional or professional athlete, if compensated and if
the athlete is a child.
  SECTION 27. ORS 430.735 is amended to read:
  430.735. As used in ORS 430.735 to 430.765:
  (1) 'Abuse' means one or more of the following:
  (a) Abandonment, including desertion or willful forsaking of a
person with a developmental disability or the withdrawal or
neglect of duties and obligations owed a person with a
developmental disability by a caregiver or other person.
  (b) Any physical injury to an adult caused by other than
accidental means, or that appears to be at variance with the
explanation given of the injury.
  (c) Willful infliction of physical pain or injury upon an
adult.
  (d) Sexual abuse of an adult.
  (e) Neglect.
  (f) Verbal abuse of a person with a developmental disability.

Enrolled House Bill 2622 (HB 2622-B)                      Page 23

  (g) Financial exploitation of a person with a developmental
disability.
  (h) Involuntary seclusion of a person with a developmental
disability for the convenience of the caregiver or to discipline
the person.
  (i) A wrongful use of a physical or chemical restraint upon a
person with a developmental disability, excluding an act of
restraint prescribed by a   { - licensed - }  physician
 { + licensed under ORS chapter 677 + } and any treatment
activities that are consistent with an approved treatment plan or
in connection with a court order.
  (j) An act that constitutes a crime under ORS 163.375, 163.405,
163.411, 163.415, 163.425, 163.427, 163.465 or 163.467.
  (k) Any death of an adult caused by other than accidental or
natural means.
  (2) 'Adult' means a person 18 years of age or older with:
  (a) A developmental disability who is currently receiving
services from a community program or facility or was previously
determined eligible for services as an adult by a community
program or facility; or
  (b) A mental illness who is receiving services from a community
program or facility.
  (3) 'Adult protective services' means the necessary actions
taken to prevent abuse or exploitation of an adult, to prevent
self-destructive acts and to safeguard an adult's person,
property and funds, including petitioning for a protective order
as defined in ORS 125.005. Any actions taken to protect an adult
shall be undertaken in a manner that is least intrusive to the
adult and provides for the greatest degree of independence.
  (4) 'Caregiver' means an individual, whether paid or unpaid, or
a facility that has assumed responsibility for all or a portion
of the care of an adult as a result of a contract or agreement.
  (5) 'Community program' means a community mental health program
or a community developmental disabilities program as established
in ORS 430.610 to 430.695.
  (6) 'Facility' means a residential treatment home or facility,
residential care facility, adult foster home, residential
training home or facility or crisis respite facility.
  (7) 'Financial exploitation' means:
  (a) Wrongfully taking the assets, funds or property belonging
to or intended for the use of a person with a developmental
disability.
  (b) Alarming a person with a developmental disability by
conveying a threat to wrongfully take or appropriate money or
property of the person if the person would reasonably believe
that the threat conveyed would be carried out.
  (c) Misappropriating, misusing or transferring without
authorization any money from any account held jointly or singly
by a person with a developmental disability.
  (d) Failing to use the income or assets of a person with a
developmental disability effectively for the support and
maintenance of the person.
  (8) 'Intimidation' means compelling or deterring conduct by
threat.
  (9) 'Law enforcement agency' means:
  (a) Any city or municipal police department;
  (b) A police department established by a university under ORS
352.383;
  (c) Any county sheriff's office;
  (d) The Oregon State Police; or

Enrolled House Bill 2622 (HB 2622-B)                      Page 24

  (e) Any district attorney.
  (10) 'Neglect' means:
  (a) Failure to provide the care, supervision or services
necessary to maintain the physical and mental health of a person
with a developmental disability that may result in physical harm
or significant emotional harm to the person;
  (b) The failure of a caregiver to make a reasonable effort to
protect a person with a developmental disability from abuse; or
  (c) Withholding of services necessary to maintain the health
and well-being of an adult which leads to physical harm of an
adult.
  (11) 'Person with a developmental disability' means a person
described in subsection (2)(a) of this section.
  (12) 'Public or private official' means:
  (a) Physician  { + licensed under ORS chapter 677 + },
naturopathic physician,   { - osteopathic physician, - }
psychologist  { - , - }   { + or + } chiropractor   { - or
podiatric physician and surgeon - } , including any intern or
resident;
  (b) Licensed practical nurse, registered nurse, nurse's aide,
home health aide or employee of an in-home health service;
  (c) Employee of the Department of Human Services or Oregon
Health Authority, county health department, community mental
health program or community developmental disabilities program or
private agency contracting with a public body to provide any
community mental health service;
  (d) Peace officer;
  (e) Member of the clergy;
  (f) Regulated social worker;
  (g) Physical, speech or occupational therapist;
  (h) Information and referral, outreach or crisis worker;
  (i) Attorney;
  (j) Licensed professional counselor or licensed marriage and
family therapist;
  (k) Any public official who comes in contact with adults in the
performance of the official's duties; or
  (L) Firefighter or emergency medical services provider.
  (13) 'Services' includes but is not limited to the provision of
food, clothing, medicine, housing, medical services, assistance
with bathing or personal hygiene or any other service essential
to the well-being of an adult.
  (14)(a) 'Sexual abuse' means:
  (A) Sexual contact with a nonconsenting adult or with an adult
considered incapable of consenting to a sexual act under ORS
163.315;
  (B) Sexual harassment, sexual exploitation or inappropriate
exposure to sexually explicit material or language;
  (C) Any sexual contact between an employee of a facility or
paid caregiver and an adult served by the facility or caregiver;
  (D) Any sexual contact between a person with a developmental
disability and a relative of the person with a developmental
disability other than a spouse; or
  (E) Any sexual contact that is achieved through force,
trickery, threat or coercion.
  (b) 'Sexual abuse' does not mean consensual sexual contact
between an adult and a paid caregiver who is the spouse of the
adult.
  (15) 'Sexual contact' has the meaning given that term in ORS
163.305.

Enrolled House Bill 2622 (HB 2622-B)                      Page 25

  (16) 'Verbal abuse' means to threaten significant physical or
emotional harm to a person with a developmental disability
through the use of:
  (a) Derogatory or inappropriate names, insults, verbal
assaults, profanity or ridicule; or
  (b) Harassment, coercion, threats, intimidation, humiliation,
mental cruelty or inappropriate sexual comments.
  SECTION 28. ORS 433.443 is amended to read:
  433.443. (1) As used in this section:
  (a) 'Covered entity' means:
  (A) The Children's Health Insurance Program;
  (B) The Family Health Insurance Assistance Program established
under ORS 414.842;
  (C) A health insurer that is an insurer as defined in ORS
731.106 and that issues health insurance as defined in ORS
731.162;
  (D) The state medical assistance program; and
  (E) A health care provider.
  (b) 'Health care provider' includes but is not limited to:
  (A) A psychologist, occupational therapist, regulated social
worker, professional counselor or marriage and family therapist
licensed or otherwise authorized to practice under ORS chapter
675 or an employee of the psychologist, occupational therapist,
regulated social worker, professional counselor or marriage and
family therapist;
  (B) A physician  { - , podiatric physician and surgeon, - }
 { + or + } physician assistant   { - or acupuncturist - }
licensed under ORS chapter 677 { + , an acupuncturist licensed
under ORS 677.759 + } or an employee of the physician,
 { - podiatric physician and surgeon, - }  physician assistant or
acupuncturist;
  (C) A nurse or nursing home administrator licensed under ORS
chapter 678 or an employee of the nurse or nursing home
administrator;
  (D) A dentist licensed under ORS chapter 679 or an employee of
the dentist;
  (E) A dental hygienist or denturist licensed under ORS chapter
680 or an employee of the dental hygienist or denturist;
  (F) A speech-language pathologist or audiologist licensed under
ORS chapter 681 or an employee of the speech-language pathologist
or audiologist;
  (G) An emergency medical services provider licensed under ORS
chapter 682;
  (H) An optometrist licensed under ORS chapter 683 or an
employee of the optometrist;
  (I) A chiropractic physician licensed under ORS chapter 684 or
an employee of the chiropractic physician;
  (J) A naturopathic physician licensed under ORS chapter 685 or
an employee of the naturopathic physician;
  (K) A massage therapist licensed under ORS 687.011 to 687.250
or an employee of the massage therapist;
  (L) A direct entry midwife licensed under ORS 687.405 to
687.495 or an employee of the direct entry midwife;
  (M) A physical therapist licensed under ORS 688.010 to 688.201
or an employee of the physical therapist;
  (N) A medical imaging licensee under ORS 688.405 to 688.605 or
an employee of the medical imaging licensee;
  (O) A respiratory care practitioner licensed under ORS 688.815
or an employee of the respiratory care practitioner;

Enrolled House Bill 2622 (HB 2622-B)                      Page 26

  (P) A polysomnographic technologist licensed under ORS 688.819
or an employee of the polysomnographic technologist;
  (Q) A pharmacist licensed under ORS chapter 689 or an employee
of the pharmacist;
  (R) A dietitian licensed under ORS 691.405 to 691.485 or an
employee of the dietitian;
  (S) A funeral service practitioner licensed under ORS chapter
692 or an employee of the funeral service practitioner;
  (T) A health care facility as defined in ORS 442.015;
  (U) A home health agency as defined in ORS 443.005;
  (V) A hospice program as defined in ORS 443.850;
  (W) A clinical laboratory as defined in ORS 438.010;
  (X) A pharmacy as defined in ORS 689.005;
  (Y) A diabetes self-management program as defined in ORS
743A.184; and
  (Z) Any other person or entity that furnishes, bills for or is
paid for health care in the normal course of business.
  (c) 'Individual' means a natural person.
  (d) 'Individually identifiable health information' means any
oral or written health information in any form or medium that is:
  (A) Created or received by a covered entity, an employer or a
health care provider that is not a covered entity; and
  (B) Identifiable to an individual, including demographic
information that identifies the individual, or for which there is
a reasonable basis to believe the information can be used to
identify an individual, and that relates to:
  (i) The past, present or future physical or mental health or
condition of an individual;
  (ii) The provision of health care to an individual; or
  (iii) The past, present or future payment for the provision of
health care to an individual.
  (e) 'Legal representative' means attorney at law, person
holding a general power of attorney, guardian, conservator or any
person appointed by a court to manage the personal or financial
affairs of a person, or agency legally responsible for the
welfare or support of a person.
  (2)(a) During a public health emergency declared under ORS
433.441, the Public Health Director may, as necessary to
appropriately respond to the public health emergency:
  (A) Adopt reporting requirements for and provide notice of
those requirements to health care providers, institutions and
facilities for the purpose of obtaining information directly
related to the public health emergency;
  (B) After consultation with appropriate medical experts, create
and require the use of diagnostic and treatment protocols to
respond to the public health emergency and provide notice of
those protocols to health care providers, institutions and
facilities;
  (C) Order, or authorize local public health administrators to
order, public health measures appropriate to the public health
threat presented;
  (D) Upon approval of the Governor, take other actions necessary
to address the public health emergency and provide notice of
those actions to health care providers, institutions and
facilities, including public health actions authorized by ORS
431.264;
  (E) Take any enforcement action authorized by ORS 431.262,
including the imposition of civil penalties of up to $500 per day
against individuals, institutions or facilities that knowingly
fail to comply with requirements resulting from actions taken in

Enrolled House Bill 2622 (HB 2622-B)                      Page 27

accordance with the powers granted to the Public Health Director
under subparagraphs (A), (B) and (D) of this paragraph; and
  (F) The authority granted to the Public Health Director under
this section:
  (i) Supersedes any authority granted to a local public health
authority if the local public health authority acts in a manner
inconsistent with guidelines established or rules adopted by the
director under this section; and
  (ii) Does not supersede the general authority granted to a
local public health authority or a local public health
administrator except as authorized by law or necessary to respond
to a public health emergency.
  (b) The authority of the Public Health Director to take
administrative action, and the effectiveness of any action taken,
under paragraph (a)(A), (B), (D), (E) and (F) of this subsection
terminates upon the expiration of the proclaimed state of public
health emergency, unless the actions are continued under other
applicable law.
  (3) Civil penalties under subsection (2) of this section shall
be imposed in the manner provided in ORS 183.745. The Public
Health Director must establish that the individual, institution
or facility subject to the civil penalty had actual notice of the
action taken that is the basis for the penalty. The maximum
aggregate total for penalties that may be imposed against an
individual, institution or facility under subsection (2) of this
section is $500 for each day of violation, regardless of the
number of violations of subsection (2) of this section that
occurred on each day of violation.
  (4)(a) During a proclaimed state of public health emergency,
the Public Health Director and local public health administrators
shall be given immediate access to individually identifiable
health information necessary to:
  (A) Determine the causes of an illness related to the public
health emergency;
  (B) Identify persons at risk;
  (C) Identify patterns of transmission;
  (D) Provide treatment; and
  (E) Take steps to control the disease.
  (b) Individually identifiable health information accessed as
provided by paragraph (a) of this subsection may not be used for
conducting nonemergency epidemiologic research or to identify
persons at risk for post-traumatic mental health problems, or for
any other purpose except the purposes listed in paragraph (a) of
this subsection.
  (c) Individually identifiable health information obtained by
the Public Health Director or local public health administrators
under this subsection may not be disclosed without written
authorization of the identified individual except:
  (A) Directly to the individual who is the subject of the
information or to the legal representative of that individual;
  (B) To state, local or federal agencies authorized to receive
such information by state or federal law;
  (C) To identify or to determine the cause or manner of death of
a deceased individual; or
  (D) Directly to a health care provider for the evaluation or
treatment of a condition that is the subject of a proclamation of
a state of public health emergency issued under ORS 433.441.
  (d) Upon expiration of the state of public health emergency,
the Public Health Director or local public health administrators
may not use or disclose any individually identifiable health

Enrolled House Bill 2622 (HB 2622-B)                      Page 28

information that has been obtained under this section. If a state
of emergency that is related to the state of public health
emergency has been declared under ORS 401.165, the Public Health
Director and local public health administrators may continue to
use any individually identifiable information obtained as
provided under this section until termination of the state of
emergency.
  (5) All civil penalties recovered under this section shall be
paid into the State Treasury and credited to the General Fund and
are available for general governmental expenses.
  (6) The Public Health Director may request assistance in
enforcing orders issued pursuant to this section from state or
local law enforcement authorities. If so requested by the Public
Health Director, state and local law enforcement authorities, to
the extent resources are available, shall assist in enforcing
orders issued pursuant to this section.
  (7) If the Oregon Health Authority adopts temporary rules to
implement the provisions of this section, the rules adopted are
not subject to the provisions of ORS 183.335 (6)(a). The
authority may amend temporary rules adopted pursuant to this
subsection as often as necessary to respond to the public health
emergency.
  SECTION 29. ORS 441.063 is amended to read:
  441.063. The rules of the hospital shall include provisions for
the use of the hospital facilities by   { - duly licensed - }
podiatric physicians and surgeons  { + licensed under ORS 677.805
to 677.840, + } subject to rules and regulations governing the
use established by the medical staff and the podiatric staff of
the hospital. The staff   { - comprised of physicians and
podiatric physicians and surgeons - }  shall regulate the
admission and the conduct of the podiatric physicians and
surgeons while using the facilities of the hospital and shall
prescribe procedures whereby a podiatric physician and surgeon's
use of the facilities may be suspended or terminated.
  SECTION 30. ORS 441.098 is amended to read:
  441.098. (1) As used in this section:
  (a) 'Facility' means a hospital, ambulatory surgical center or
freestanding birthing center.
  (b) 'Financial interest' means a five percent or greater direct
or indirect ownership interest.
  (c) 'Health practitioner' means a physician,   { - podiatric
physician and surgeon, - }  dentist, direct entry midwife or
licensed registered nurse who is certified by the Oregon State
Board of Nursing as a nurse midwife nurse practitioner.
  (d) 'Physician' has the meaning given that term in ORS 677.010.
  (2) If a health practitioner refers a patient for treatment at
a facility in which the health practitioner or an immediate
family member has a financial interest, the health practitioner
shall inform the patient orally and in writing of that interest
at the time of the referral.
  (3) In obtaining informed consent for treatment that will take
place at a facility, a health practitioner shall disclose the
manner in which care will be provided in the event that
complications occur that require health services beyond what the
facility has the capability to provide.
  SECTION 31. ORS 442.562 is amended to read:
  442.562. The Office of Rural Health shall establish criteria
for certifying individuals who are licensed   { - as podiatric
physicians and surgeons - }   { + to practice podiatry + } under
ORS chapter 677 as eligible for the tax credit authorized by ORS

Enrolled House Bill 2622 (HB 2622-B)                      Page 29

315.616. Upon application therefor and upon a finding that the
applicant is or will be providing podiatric services to one or
more rural communities and otherwise meets the eligibility
criteria established by the office, the office shall certify
individuals eligible for the tax credit authorized by ORS
315.616.
  SECTION 32. ORS 442.700 is amended to read:
  442.700. As used in ORS 442.700 to 442.760:
  (1) 'Board of governors' means the governors of a cooperative
program as described in ORS 442.720.
  (2) 'Cooperative program' means a program among two or more
health care providers for the purpose of providing heart and
kidney transplant services including, but not limited to, the
sharing, allocation and referral of physicians, patients,
personnel, instructional programs, support services, facilities,
medical, diagnostic, laboratory or therapeutic services,
equipment, devices or supplies, and other services traditionally
offered by health care providers.
  (3) 'Health care provider' means a hospital, physician or
entity, a significant part of whose activities consist of
providing hospital or physician services in this state. For
purposes of the immunities provided by ORS 442.700 to 442.760 and
646.740, 'health care provider' includes any officer, director,
trustee, employee, or agent of, or any entity under common
ownership and control with, a health care provider.
  (4) 'Hospital' means a hospital, a long term care facility or
an ambulatory surgical center, as those terms are defined in ORS
442.015, that is licensed under ORS 441.015 to 441.089.  '
Hospital' includes community health programs established under
ORS 430.610 to 430.695.
  (5) 'Order' means a decision issued by the Director of the
Oregon Health Authority under ORS 442.710 either approving or
denying an application for a cooperative program and includes
modifications of an original order under ORS 442.730 (3)(b) and
ORS 442.740 (1) and (4).
  (6) 'Party to a cooperative program agreement' or 'party '
means an entity that enters into the principal agreement to
establish a cooperative program and applies for approval under
ORS 442.700 to 442.760 and 646.740 and any other entity that,
with the approval of the director, becomes a member of a
cooperative program.
  (7) 'Physician' means a physician   { - defined in ORS 677.010
(13) and - }  licensed under ORS chapter 677.
  SECTION 33. ORS 475.950 is amended to read:
  475.950. (1) A person commits the offense of failure to report
a precursor substances transaction if the person does any of the
following:
  (a) Sells, transfers or otherwise furnishes any precursor
substance described in ORS 475.940 (3)(a) to (hh) and (oo) and
does not, at least three days before delivery of the substance,
submit to the Department of State Police a report that meets the
reporting requirements established by rule under ORS 475.945.
  (b) Receives any precursor substance described in ORS 475.940
(3)(a) to (hh) and (oo) and does not, within 10 days after
receipt of the substance, submit to the Department of State
Police a report that meets the reporting requirements established
by rule under ORS 475.945.
  (2) This section does not apply to any of the following:
  (a) Any pharmacist or other authorized person who sells or
furnishes a precursor substance upon the prescription of a

Enrolled House Bill 2622 (HB 2622-B)                      Page 30

physician  { + licensed under ORS chapter 677 + }, dentist  { - ,
podiatric physician and surgeon - }  or veterinarian.
  (b) Any practitioner, as defined in ORS 475.005, who
administers or furnishes a precursor substance to patients upon
prescription.
  (c) Any person licensed by the State Board of Pharmacy who
sells, transfers or otherwise furnishes a precursor substance to
a licensed pharmacy, physician  { + licensed under ORS chapter
677 + }, dentist  { - , podiatric physician and surgeon - }  or
veterinarian for distribution to patients upon prescription.
  (d) Any person who is authorized by rule under ORS 475.945 to
report in an alternate manner if the person complies with the
alternate reporting requirements.
  (e) Any patient of a practitioner, as defined in ORS 475.005,
who obtains a precursor substance from a licensed pharmacist,
physician { +  licensed under ORS chapter 677 + }, dentist  { - ,
podiatric physician and surgeon - }  or veterinarian pursuant to
a prescription.
  (f) Any person who sells or transfers ephedrine,
pseudoephedrine or phenylpropanolamine in compliance with ORS
475.973.
  (g) Any practitioner, as defined in ORS 475.005, who dispenses
a precursor substance to a person with whom the practitioner has
a doctor-patient or doctor-client relationship.
  (h) Any person who obtains a precursor substance from a
practitioner, as defined in ORS 475.005, with whom the person has
a doctor-patient or doctor-client relationship.
  (i) Any person who sells or transfers an isomer of a precursor
substance, unless it is an optical isomer.
  (3) Penalties related to providing false information on a
report required under this section are provided under ORS
475.965.
  (4) The Department of State Police and any law enforcement
agency may inspect and remove copies of the sales records of any
retail or wholesale distributor of methyl sulfonyl methane or a
precursor substance during the normal business hours of the
retail or wholesale distributor or may require the retail or
wholesale distributor to provide copies of the records.
  (5) Failure to report a precursor substances transaction is a
Class A misdemeanor.
  SECTION 34. ORS 659A.150 is amended to read:
  659A.150. As used in ORS 659A.150 to 659A.186:
  (1) 'Covered employer' means an employer described in ORS
659A.153.
  (2) 'Eligible employee' means any employee of a covered
employer other than those employees exempted under the provisions
of ORS 659A.156.
  (3) 'Family leave' means a leave of absence described in ORS
659A.159, except that 'family leave' does not include leave taken
by an eligible employee who is unable to work because of a
disabling compensable injury, as defined in ORS 656.005, under
ORS chapter 656.
  (4) 'Family member' means the spouse of an employee, the
biological, adoptive or foster parent or child of the employee,
the grandparent or grandchild of the employee, a parent-in-law of
the employee or a person with whom the employee was or is in a
relationship of in loco parentis.
  (5) 'Health care provider' means:
  (a) A person who is primarily responsible for providing health
care to an eligible employee or a family member of an eligible

Enrolled House Bill 2622 (HB 2622-B)                      Page 31

employee, who is performing within the scope of the person's
professional license or certificate and who is:
  (A) A physician licensed   { - to practice medicine under ORS
677.110, including a doctor of osteopathy - }   { + under ORS
chapter 677 + };
    { - (B) A podiatrist licensed under ORS 677.825; - }
    { - (C) - }   { + (B) + } A dentist licensed under ORS
679.090;
    { - (D) - }   { + (C) + } A psychologist licensed under ORS
675.030;
    { - (E) - }   { + (D) + } An optometrist licensed under ORS
683.070;
    { - (F) - }   { + (E) + } A naturopath licensed under ORS
685.080;
    { - (G) - }   { + (F) + } A registered nurse licensed under
ORS 678.050;
    { - (H) - }   { + (G) + } A nurse practitioner certified
under ORS 678.375;
    { - (I) - }   { + (H) + } A direct entry midwife licensed
under ORS 687.420;
    { - (J) - }   { + (I) + } A licensed registered nurse who is
certified by the Oregon State Board of Nursing as a nurse midwife
nurse practitioner;
    { - (K) - }   { + (J) + } A regulated social worker
authorized to practice regulated social work under ORS 675.510 to
675.600; or
    { - (L) - }   { + (K) + } A chiropractic physician licensed
under ORS 684.054, but only to the extent the chiropractic
physician provides treatment consisting of manual manipulation of
the spine to correct a subluxation demonstrated to exist by
X-rays.
  (b) A person who is primarily responsible for the treatment of
an eligible employee or a family member of an eligible employee
solely through spiritual means, including but not limited to a
Christian Science practitioner.
  (6) 'Serious health condition' means:
  (a) An illness, injury, impairment or physical or mental
condition that requires inpatient care in a hospital, hospice or
residential medical care facility;
  (b) An illness, disease or condition that in the medical
judgment of the treating health care provider poses an imminent
danger of death, is terminal in prognosis with a reasonable
possibility of death in the near future, or requires constant
care; or
  (c) Any period of disability due to pregnancy, or period of
absence for prenatal care.
  SECTION 35. 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 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 to

Enrolled House Bill 2622 (HB 2622-B)                      Page 32

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 36. ORS 688.132 is amended to read:
  688.132. (1) A licensed physical therapist shall immediately
refer a person to a   { - medical doctor, osteopathic
physician, - }  { + physician licensed under ORS chapter 677, + }
chiropractic physician,
  { - podiatric physician and surgeon, - }  naturopathic
physician, dentist, physician assistant or nurse practitioner if:
  (a) Signs or symptoms are present that require treatment or
diagnosis by such providers or for which physical therapy is
contraindicated or for which treatment is outside the knowledge
of the physical therapist or scope of practice of physical
therapy; or
  (b) The physical therapist continues therapy and 60 days have
passed since the initial physical therapy treatment has been
administered, unless:
  (A) The individual is a child or a student eligible for special
education, as defined by state or federal law, and is being seen
pursuant to the child's or the student's individual education
plan or individual family service plan;
  (B) The individual is a student athlete at a public or private
school, college or university and is seeking treatment in that
role as athlete; or
  (C) The individual is a resident of a long term care facility
as defined in ORS 442.015, a residential facility as defined in
ORS 443.400, an adult foster home as defined in ORS 443.705 or an
intermediate care facility for mental retardation pursuant to
federal regulations.
  (2) Notwithstanding any provision of ORS 742.518 to 742.542,
personal injury protection benefits are not required to be paid
for physical therapy treatment of a person covered by the
applicable insurance policy unless the person is referred to the
physical therapist by a   { - licensed physician, podiatric
physician and surgeon, - }   { + physician licensed under ORS

Enrolled House Bill 2622 (HB 2622-B)                      Page 33

chapter 677, + } naturopathic physician, dentist,
 { - physician's - }  { +  physician + } assistant or nurse
practitioner.
  SECTION 36a.  { + If House Bill 2684 becomes law, section 36 of
this 2013 Act (amending ORS 688.132) is repealed. + }
  SECTION 37. ORS 688.230 is amended to read:
  688.230. (1) Any licensed health facility, licensed physical
therapist, licensed physical therapist assistant, the Oregon
Physical Therapy Association { + , + }   { - or - }  physician
licensed under ORS chapter 677  { - , podiatric physician and
surgeon - }  or dentist shall, and any other person may, report
suspected violations of ORS 688.010 to 688.201 to the Physical
Therapist Licensing Board. The reports are confidential as
provided under ORS 676.175.
  (2) Any person who reports or provides information to the board
under subsection (1) of this section and who provides information
in good faith shall not be subject to an action for civil damages
as a result thereof.
  SECTION 38. ORS 742.400 is amended to read:
  742.400. (1) As used in this section:
  (a) 'Claim' means a written demand for payment from or on
behalf of a covered practitioner for an injury alleged to have
been caused by professional negligence that is made in a
complaint filed with a court of appropriate jurisdiction.
  (b) 'Covered practitioner' means a chiropractic physician,
physician  { - , podiatric physician and surgeon, - }
 { + or + } physician assistant  { + licensed under ORS chapter
677 + }, nurse practitioner, optometrist, dentist, dental
hygienist or naturopath.
  (c) 'Disposition of a claim' means:
  (A) A judgment or award against the covered practitioner by a
court, a jury or an arbitrator;
  (B) A withdrawal or dismissal of the claim; or
  (C) A settlement of the claim.
  (d) 'Reporter' means:
  (A) A primary insurer;
  (B) A public body required to defend, save harmless and
indemnify an officer, employee or agent of the public body under
ORS 30.260 to 30.300;
  (C) An entity that self-insures or indemnifies for claims
alleging professional negligence on the part of a covered
practitioner; or
  (D) A health maintenance organization as defined in ORS
750.005.
  (2) Within 30 days after receiving notice of a claim, a
reporter shall report the claim to the appropriate board, as
follows:
  (a) The Oregon Medical Board if the covered practitioner is a
physician  { - , podiatric physician and surgeon - }  or
physician assistant  { + licensed under ORS chapter 677 + };
  (b) The Oregon State Board of Nursing if the covered
practitioner is a nurse practitioner;
  (c) The Oregon Board of Optometry if the covered practitioner
is an optometrist;
  (d) The Oregon Board of Dentistry if the covered practitioner
is a dentist or dental hygienist;
  (e) The Oregon Board of Naturopathic Medicine if the covered
practitioner is a naturopath; or
  (f) The State Board of Chiropractic Examiners if the covered
practitioner is a chiropractic physician.

Enrolled House Bill 2622 (HB 2622-B)                      Page 34

  (3) The report required under subsection (2) of this section
shall include:
  (a) The name of the covered practitioner;
  (b) The name of the person that filed the claim;
  (c) The date on which the claim was filed; and
  (d) The reason or reasons for the claim, except that the report
may not disclose any data that is privileged under ORS 41.675.
  (4) Within 30 days after the date of an action taken in
disposition of a claim, a reporter shall notify the appropriate
board identified in subsection (2) of this section of the
disposition.
  (5)(a) A board that receives a report of a claim under this
section shall publicly post the report on the board's website if
the claim results in a judicial finding or admission of liability
or a money judgment, award or settlement that involves a payment
to the claimant. The board may not publicly post information
about claims that did not result in a judicial finding or
admission of liability or a money judgment, award or settlement
that involves a payment to the claimant but shall make the
information available to the public upon request.
  (b) If a board discloses information about a claim that is the
subject of a report received under this section, the board shall
indicate in the disclosure whether the claim resulted in a
judicial finding or an admission of liability or a money
judgment, an award or a settlement that involves a payment to the
claimant.  A board may not publicly disclose or publish any
allegations or factual assertions included in the claim unless
the complaint resulted in a judicial finding or an admission of
liability or a money judgment, an award or a settlement that
involves a payment to the claimant.
  (c) For purposes of this subsection, 'judicial finding ' means
a finding of liability by a court, a jury or an arbitrator.
  (6) A board that receives a report under this section shall
provide copies of the report to each health care facility
licensed under ORS 441.015 to 441.087, 441.525 to 441.595,
441.815, 441.820, 441.990, 442.342, 442.344 and 442.400 to
442.463 that employs or grants staff privileges to the covered
practitioner.
  (7) A person that reports in good faith concerning any matter
required to be reported under this section is immune from civil
liability by reason of making the report.
  SECTION 39. ORS 746.600 is amended to read:
  746.600. As used in ORS 746.600 to 746.690:
  (1)(a) 'Adverse underwriting decision' means any of the
following actions with respect to insurance transactions
involving insurance coverage that is individually underwritten:
  (A) A declination of insurance coverage.
  (B) A termination of insurance coverage.
  (C) Failure of an insurance producer to apply for insurance
coverage with a specific insurer that the insurance producer
represents and that is requested by an applicant.
  (D) In the case of life or health insurance coverage, an offer
to insure at higher than standard rates.
  (E) In the case of insurance coverage other than life or health
insurance coverage:
  (i) Placement by an insurer or insurance producer of a risk
with a residual market mechanism, an unauthorized insurer or an
insurer that specializes in substandard risks.

Enrolled House Bill 2622 (HB 2622-B)                      Page 35

  (ii) The charging of a higher rate on the basis of information
that differs from that which the applicant or policyholder
furnished.
  (iii) An increase in any charge imposed by the insurer for any
personal insurance in connection with the underwriting of
insurance. For purposes of this sub-subparagraph, the imposition
of a service fee is not a charge.
  (b) 'Adverse underwriting decision' does not mean any of the
following actions, but the insurer or insurance producer
responsible for the occurrence of the action must nevertheless
provide the applicant or policyholder with the specific reason or
reasons for the occurrence:
  (A) The termination of an individual policy form on a class or
statewide basis.
  (B) A declination of insurance coverage solely because the
coverage is not available on a class or statewide basis.
  (C) The rescission of a policy.
  (2) 'Affiliate of' a specified person or 'person affiliated
with' a specified person means a person who directly, or
indirectly, through one or more intermediaries, controls, or is
controlled by, or is under common control with, the person
specified.
  (3) 'Applicant' means a person who seeks to contract for
insurance coverage, other than a person seeking group insurance
coverage that is not individually underwritten.
  (4) 'Consumer' means an individual, or the personal
representative of the individual, who seeks to obtain, obtains or
has obtained one or more insurance products or services from a
licensee that are to be used primarily for personal, family or
household purposes, and about whom the licensee has personal
information.
  (5) 'Consumer report' means any written, oral or other
communication of information bearing on a natural person's
creditworthiness, credit standing, credit capacity, character,
general reputation, personal characteristics or mode of living
that is used or expected to be used in connection with an
insurance transaction.
  (6) 'Consumer reporting agency' means a person that, for
monetary fees or dues, or on a cooperative or nonprofit basis:
  (a) Regularly engages, in whole or in part, in assembling or
preparing consumer reports;
  (b) Obtains information primarily from sources other than
insurers; and
  (c) Furnishes consumer reports to other persons.
  (7) 'Control' means, and the terms 'controlled by' or ' under
common control with' refer to, the possession, directly or
indirectly, of the power to direct or cause the direction of the
management and policies of a person, whether through the
ownership of voting securities, by contract other than a
commercial contract for goods or nonmanagement services, or
otherwise, unless the power of the person is the result of a
corporate office held in, or an official position held with, the
controlled person.
  (8) 'Covered entity' means:
  (a) A health insurer;
  (b) A health care provider that transmits any health
information in electronic form to carry out financial or
administrative activities in connection with a transaction
covered by ORS 746.607 or by rules adopted under ORS 746.608; or
  (c) A health care clearinghouse.

Enrolled House Bill 2622 (HB 2622-B)                      Page 36

  (9) 'Credit history' means any written or other communication
of any information by a consumer reporting agency that:
  (a) Bears on a consumer's creditworthiness, credit standing or
credit capacity; and
  (b) Is used or expected to be used, or collected in whole or in
part, as a factor in determining eligibility, premiums or rates
for personal insurance.
  (10) 'Customer' means a consumer who has a continuing
relationship with a licensee under which the licensee provides
one or more insurance products or services to the consumer that
are to be used primarily for personal, family or household
purposes.
  (11) 'Declination of insurance coverage' or 'decline coverage'
means a denial, in whole or in part, by an insurer or insurance
producer of an application for requested insurance coverage.
  (12) 'Health care' means care, services or supplies related to
the health of an individual.
  (13) 'Health care operations' includes but is not limited to:
  (a) Quality assessment, accreditation, auditing and improvement
activities;
  (b) Case management and care coordination;
  (c) Reviewing the competence, qualifications or performance of
health care providers or health insurers;
  (d) Underwriting activities;
  (e) Arranging for legal services;
  (f) Business planning;
  (g) Customer services;
  (h) Resolving internal grievances;
  (i) Creating deidentified information; and
  (j) Fundraising.
  (14) 'Health care provider' includes but is not limited to:
  (a) A psychologist, occupational therapist, regulated social
worker, professional counselor or marriage and family therapist
licensed or otherwise authorized to practice under ORS chapter
675 or an employee of the psychologist, occupational therapist,
regulated social worker, professional counselor or marriage and
family therapist;
  (b) A physician  { - , podiatric physician and surgeon, - }
 { + or + } physician assistant   { - or acupuncturist - }
licensed under ORS chapter 677 { + , an acupuncturist licensed
under ORS 677.759 + } or an employee of the physician,
 { - podiatric physician and surgeon, - }  physician assistant or
acupuncturist;
  (c) A nurse or nursing home administrator licensed under ORS
chapter 678 or an employee of the nurse or nursing home
administrator;
  (d) A dentist licensed under ORS chapter 679 or an employee of
the dentist;
  (e) A dental hygienist or denturist licensed under ORS chapter
680 or an employee of the dental hygienist or denturist;
  (f) A speech-language pathologist or audiologist licensed under
ORS chapter 681 or an employee of the speech-language pathologist
or audiologist;
  (g) An emergency medical services provider licensed under ORS
chapter 682;
  (h) An optometrist licensed under ORS chapter 683 or an
employee of the optometrist;
  (i) A chiropractic physician licensed under ORS chapter 684 or
an employee of the chiropractic physician;

Enrolled House Bill 2622 (HB 2622-B)                      Page 37

  (j) A naturopathic physician licensed under ORS chapter 685 or
an employee of the naturopathic physician;
  (k) A massage therapist licensed under ORS 687.011 to 687.250
or an employee of the massage therapist;
  (L) A direct entry midwife licensed under ORS 687.405 to
687.495 or an employee of the direct entry midwife;
  (m) A physical therapist licensed under ORS 688.010 to 688.201
or an employee of the physical therapist;
  (n) A medical imaging licensee under ORS 688.405 to 688.605 or
an employee of the medical imaging licensee;
  (o) A respiratory care practitioner licensed under ORS 688.815
or an employee of the respiratory care practitioner;
  (p) A polysomnographic technologist licensed under ORS 688.819
or an employee of the polysomnographic technologist;
  (q) A pharmacist licensed under ORS chapter 689 or an employee
of the pharmacist;
  (r) A dietitian licensed under ORS 691.405 to 691.485 or an
employee of the dietitian;
  (s) A funeral service practitioner licensed under ORS chapter
692 or an employee of the funeral service practitioner;
  (t) A health care facility as defined in ORS 442.015;
  (u) A home health agency as defined in ORS 443.005;
  (v) A hospice program as defined in ORS 443.850;
  (w) A clinical laboratory as defined in ORS 438.010;
  (x) A pharmacy as defined in ORS 689.005;
  (y) A diabetes self-management program as defined in ORS
743.694; and
  (z) Any other person or entity that furnishes, bills for or is
paid for health care in the normal course of business.
  (15) 'Health information' means any oral or written information
in any form or medium that:
  (a) Is created or received by a covered entity, a public health
authority, a life insurer, a school, a university or a health
care provider that is not a covered entity; and
  (b) Relates to:
  (A) The past, present or future physical or mental health or
condition of an individual;
  (B) The provision of health care to an individual; or
  (C) The past, present or future payment for the provision of
health care to an individual.
  (16) 'Health insurer' means:
  (a) An insurer who offers:
  (A) A health benefit plan as defined in ORS 743.730;
  (B) A short term health insurance policy, the duration of which
does not exceed six months including renewals;
  (C) A student health insurance policy;
  (D) A Medicare supplemental policy; or
  (E) A dental only policy.
  (b) The Oregon Medical Insurance Pool operated by the Oregon
Medical Insurance Pool Board under ORS 735.600 to 735.650.
  (17) 'Homeowner insurance' means insurance for residential
property consisting of a combination of property insurance and
casualty insurance that provides coverage for the risks of owning
or occupying a dwelling and that is not intended to cover an
owner's interest in rental property or commercial exposures.
  (18) 'Individual' means a natural person who:
  (a) In the case of life or health insurance, is a past, present
or proposed principal insured or certificate holder;
  (b) In the case of other kinds of insurance, is a past, present
or proposed named insured or certificate holder;

Enrolled House Bill 2622 (HB 2622-B)                      Page 38

  (c) Is a past, present or proposed policyowner;
  (d) Is a past or present applicant;
  (e) Is a past or present claimant; or
  (f) Derived, derives or is proposed to derive insurance
coverage under an insurance policy or certificate that is subject
to ORS 746.600 to 746.690.
  (19) 'Individually identifiable health information' means any
oral or written health information that is:
  (a) Created or received by a covered entity or a health care
provider that is not a covered entity; and
  (b) Identifiable to an individual, including demographic
information that identifies the individual, or for which there is
a reasonable basis to believe the information can be used to
identify an individual, and that relates to:
  (A) The past, present or future physical or mental health or
condition of an individual;
  (B) The provision of health care to an individual; or
  (C) The past, present or future payment for the provision of
health care to an individual.
  (20) 'Institutional source' means a person or governmental
entity that provides information about an individual to an
insurer, insurance producer or insurance-support organization,
other than:
  (a) An insurance producer;
  (b) The individual who is the subject of the information; or
  (c) A natural person acting in a personal capacity rather than
in a business or professional capacity.
  (21) 'Insurance producer' or 'producer' means a person licensed
by the Director of the Department of Consumer and Business
Services as a resident or nonresident insurance producer.
  (22) 'Insurance score' means a number or rating that is derived
from an algorithm, computer application, model or other process
that is based in whole or in part on credit history.
  (23)(a) 'Insurance-support organization' means a person who
regularly engages, in whole or in part, in assembling or
collecting information about natural persons for the primary
purpose of providing the information to an insurer or insurance
producer for insurance transactions, including:
  (A) The furnishing of consumer reports to an insurer or
insurance producer for use in connection with insurance
transactions; and
  (B) The collection of personal information from insurers,
insurance producers or other insurance-support organizations for
the purpose of detecting or preventing fraud, material
misrepresentation or material nondisclosure in connection with
insurance underwriting or insurance claim activity.
  (b) 'Insurance-support organization' does not mean insurers,
insurance producers, governmental institutions or health care
providers.
  (24) 'Insurance transaction' means any transaction that
involves insurance primarily for personal, family or household
needs rather than business or professional needs and that
entails:
  (a) The determination of an individual's eligibility for an
insurance coverage, benefit or payment; or
  (b) The servicing of an insurance application, policy or
certificate.
  (25) 'Insurer' has the meaning given that term in ORS 731.106.
  (26) 'Investigative consumer report' means a consumer report,
or portion of a consumer report, for which information about a

Enrolled House Bill 2622 (HB 2622-B)                      Page 39

natural person's character, general reputation, personal
characteristics or mode of living is obtained through personal
interviews with the person's neighbors, friends, associates,
acquaintances or others who may have knowledge concerning such
items of information.
  (27) 'Licensee' means an insurer, insurance producer or other
person authorized or required to be authorized, or licensed or
required to be licensed, pursuant to the Insurance Code.
  (28) 'Loss history report' means a report provided by, or a
database maintained by, an insurance-support organization or
consumer reporting agency that contains information regarding the
claims history of the individual property that is the subject of
the application for a homeowner insurance policy or the consumer
applying for a homeowner insurance policy.
  (29) 'Nonaffiliated third party' means any person except:
  (a) An affiliate of a licensee;
  (b) A person that is employed jointly by a licensee and by a
person that is not an affiliate of the licensee; and
  (c) As designated by the director by rule.
  (30) 'Payment' includes but is not limited to:
  (a) Efforts to obtain premiums or reimbursement;
  (b) Determining eligibility or coverage;
  (c) Billing activities;
  (d) Claims management;
  (e) Reviewing health care to determine medical necessity;
  (f) Utilization review; and
  (g) Disclosures to consumer reporting agencies.
  (31)(a) 'Personal financial information' means:
  (A) Information that is identifiable with an individual,
gathered in connection with an insurance transaction from which
judgments can be made about the individual's character, habits,
avocations, finances, occupations, general reputation, credit or
any other personal characteristics; or
  (B) An individual's name, address and policy number or similar
form of access code for the individual's policy.
  (b) 'Personal financial information' does not mean information
that a licensee has a reasonable basis to believe is lawfully
made available to the general public from federal, state or local
government records, widely distributed media or disclosures to
the public that are required by federal, state or local law.
  (32) 'Personal information' means:
  (a) Personal financial information;
  (b) Individually identifiable health information; or
  (c) Protected health information.
  (33) 'Personal insurance' means the following types of
insurance products or services that are to be used primarily for
personal, family or household purposes:
  (a) Private passenger automobile coverage;
  (b) Homeowner, mobile homeowners, manufactured homeowners,
condominium owners and renters coverage;
  (c) Personal dwelling property coverage;
  (d) Personal liability and theft coverage, including excess
personal liability and theft coverage; and
  (e) Personal inland marine coverage.
  (34) 'Personal representative' includes but is not limited to:
  (a) A person appointed as a guardian under ORS 125.305,
419B.370, 419C.481 or 419C.555 with authority to make medical and
health care decisions;

Enrolled House Bill 2622 (HB 2622-B)                      Page 40

  (b) A person appointed as a health care representative under
ORS 127.505 to 127.660 or 127.700 to 127.737 to make health care
decisions or mental health treatment decisions;
  (c) A person appointed as a personal representative under ORS
chapter 113; and
  (d) A person described in ORS 746.611.
  (35) 'Policyholder' means a person who:
  (a) In the case of individual policies of life or health
insurance, is a current policyowner;
  (b) In the case of individual policies of other kinds of
insurance, is currently a named insured; or
  (c) In the case of group policies of insurance under which
coverage is individually underwritten, is a current certificate
holder.
  (36) 'Pretext interview' means an interview wherein the
interviewer, in an attempt to obtain personal information about a
natural person, does one or more of the following:
  (a) Pretends to be someone the interviewer is not.
  (b) Pretends to represent a person the interviewer is not in
fact representing.
  (c) Misrepresents the true purpose of the interview.
  (d) Refuses upon request to identify the interviewer.
  (37) 'Privileged information' means information that is
identifiable with an individual and that:
  (a) Relates to a claim for insurance benefits or a civil or
criminal proceeding involving the individual; and
  (b) Is collected in connection with or in reasonable
anticipation of a claim for insurance benefits or a civil or
criminal proceeding involving the individual.
  (38)(a) 'Protected health information' means individually
identifiable health information that is transmitted or maintained
in any form of electronic or other medium by a covered entity.
  (b) 'Protected health information' does not mean individually
identifiable health information in:
  (A) Education records covered by the federal Family Educational
Rights and Privacy Act (20 U.S.C. 1232g);
  (B) Records described at 20 U.S.C. 1232g(a)(4)(B)(iv); or
  (C) Employment records held by a covered entity in its role as
employer.
  (39) 'Residual market mechanism' means an association,
organization or other entity involved in the insuring of risks
under ORS 735.005 to 735.145, 737.312 or other provisions of the
Insurance Code relating to insurance applicants who are unable to
procure insurance through normal insurance markets.
  (40) 'Termination of insurance coverage' or 'termination of an
insurance policy' means either a cancellation or a nonrenewal of
an insurance policy, in whole or in part, for any reason other
than the failure of a premium to be paid as required by the
policy.
  (41) 'Treatment' includes but is not limited to:
  (a) The provision, coordination or management of health care;
and
  (b) Consultations and referrals between health care providers.

                               { +
CAPTIONS + }

  SECTION 40.  { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become

Enrolled House Bill 2622 (HB 2622-B)                      Page 41

part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
                         ----------

Passed by House March 4, 2013

Repassed by House May 9, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate May 7, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2622 (HB 2622-B)                      Page 42

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2622 (HB 2622-B)                      Page 43