Bill Text: OR HB3085 | 2011 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3864

                           A-Engrossed

                         House Bill 3085
                  Ordered by the House April 20
            Including House Amendments dated April 20

Sponsored by Representative BARKER

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Requires health care   { - provider - }   { + facility + } to
notify law enforcement if   { - provider - }   { + facility + }
becomes aware as result of blood test { + , urine test or other
diagnostic test + } that patient who was operating motor vehicle
in accident has controlled substance in blood.

                        A BILL FOR 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 { + , urine test or other diagnostic
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 or urine 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 { + ,
urine test or other diagnostic 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
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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