Bill Text: OR HB3085 | 2011 | Regular Session | Enrolled
Bill Title: Relating to duties of health care providers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-08-02 - Chapter 672, (2011 Laws): Effective date January 1, 2012. [HB3085 Detail]
Download: Oregon-2011-HB3085-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3085
Sponsored by Representative BARKER
CHAPTER ................
AN ACT
Relating to duties of health care providers; amending ORS
676.260.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 676.260 is amended to read:
676.260. (1) { - If a health care provider who is providing
medical care in - } A health care facility { + that provides
medical care + } immediately after a motor vehicle accident to a
person reasonably believed to be the operator of a motor vehicle
involved in the accident { - , - } { + shall notify any law
enforcement officer who is at the health care facility and is
acting in an official capacity in relation to the motor vehicle
accident if the health care facility + } becomes aware, as a
result of any blood test performed in the course of that
treatment, that { + :
(a) + } The person's blood alcohol level meets or exceeds the
percent specified in ORS 813.010 { - , the health care provider
must notify any law enforcement officer who is at the health care
facility and is acting in an official capacity in relation to the
motor vehicle accident. - } { + ; or
(b) The person's blood contains a controlled substance, as
defined in ORS 475.005.
(2) + } If { + a health care facility is required to notify a
law enforcement officer of test results under subsection (1) of
this section and + } no law enforcement officer is present in an
official capacity at the health care facility, the health care
facility
{ - must - } { + shall + } notify a law enforcement agency in
the county in which the accident occurred, or an Oregon State
Police dispatch center, as soon as possible but no more than 72
hours after becoming aware of the results of the blood test.
{ - (2) - } { + (3) + } { - The notice shall - } { + A
notice required under this section must + } consist of { + :
(a) + } The name of the person being treated { - , - } { + ;
(b) + } The blood alcohol level { + and name and level of any
controlled substance + } disclosed by the test { + ; + } and
{ + (c) + } The date and time of the administration of the
test.
{ - (3) - } { + (4) + } { - Nothing contained in - } ORS
40.225 to 40.295
{ - affects - } { + do not affect + } the requirement to
provide notice imposed by this section, and the health care
{ - provider - } { + facility + } shall not be considered to
Enrolled House Bill 3085 (HB 3085-B) Page 1
have breached any duty under ORS 40.225 to 40.295 owed to the
person about whom the notice is made.
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Passed by House April 26, 2011
Repassed by House June 17, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 15, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3085 (HB 3085-B) Page 2
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3085 (HB 3085-B) Page 3
