Bill Text: OR HCR1 | 2013 | Regular Session | Introduced

Oregon House Concurrent Resolution 1 (Prior Session Legislation)

Bill Title: Affirming inviolable nature of doctor-patient relationship.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HCR1 Detail]

Download: Oregon-2013-HCR1-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

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

 LC 2486

                  House Concurrent Resolution 1

Sponsored by Representative TOMEI, Senators ROSENBAUM,
  DINGFELDER; Representatives DOHERTY, GELSER, VEGA PEDERSON,
  WILLIAMSON, Senator STEINER HAYWARD (Presession filed.)

                             SUMMARY

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

  Affirms inviolable nature of doctor-patient relationship and
right of patients to self-determination and bodily autonomy.

                      CONCURRENT RESOLUTION
  Whereas the sanctity of the doctor-patient relationship is a
fundamental tenet of health care in the United States; and
  Whereas all people have a right to expect that they will
receive health information and care that is evidence-based and
medically appropriate; and
  Whereas discussions between a health care provider and a
patient, which are based on trust, privacy and open and candid
communication, are the foundation of the doctor-patient
relationship; and
  Whereas health care providers should have the ability to
communicate freely with their patients and provide information
about the health and safety of their patients without intrusion
by government or other third parties; and
  Whereas patients are most vulnerable when confronted with
difficult medical decisions, and health care providers must
therefore be able to assist patients with their decision making
free from value judgments or political influences; and
  Whereas health care providers must not be forced to choose
between practicing medicine in accordance with the standard of
care and medical ethics or in accordance with the law; and
  Whereas laws should not interfere with the doctor-patient
relationship by preventing health care providers from freely
discussing medical care and procedures with patients or providing
information to patients; and
  Whereas laws that interfere with the doctor-patient
relationship can also interfere with patient safety and with the
patient's ability to access adequate medical information; and
  Whereas laws that prescribe elements of counseling or care can
create a conflict between the health care provider's obligation
to the patient and the health care provider's obligation to the
law; and
  Whereas patients have a right to self-determination and bodily
autonomy; and
  Whereas medical tests and procedures can provide vital
information for patients and their health care providers, and
this information should support the patient, help the patient
make decisions and enable the patient to pursue health and
well-being; and
  Whereas patients should not be forced to undergo tests or
interventions that violate the patient's values, are not
medically necessary, are not supported by scientific evidence or
could expose the patient to unnecessary risk; and
  Whereas laws should not direct health care providers to provide
specified information or perform specified tests that are not
medically necessary; and
  Whereas mandated ultrasounds represent a dangerous intrusion
into patient privacy and encroach on the doctor-patient
relationship, interfering with a health care provider's ability
to make sound clinical judgments based on medical reasoning and
in the best interests of the patient; and
  Whereas the imposition of a medically unnecessary waiting
period for any legal medical procedure encroaches on the
doctor-patient relationship and prevents health care providers
from acting in the best interests of their patients; now,
therefore,
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  That we, the members of the Seventy-seventh Legislative
Assembly, affirm a health care provider's right and duty to
provide patients with truthful, uninhibited and medically
appropriate information under the doctor-patient relationship
without intrusion; and be it further
  Resolved, That a health care provider's ability to act in a
patient's best interests should be preserved; and be it further
  Resolved, That health care providers should not be forced to
direct patients to undergo medically unnecessary tests or
procedures, such as transvaginal ultrasounds, or to provide
medically inaccurate information, and should not otherwise delay
or deny care for nonmedical reasons; and be it further
  Resolved, That health care providers should not be asked to
compromise their medical judgment when it comes to decisions
about the provision of information and treatment that is in the
best interests of the patient; and be it further
  Resolved, That we, the members of the Seventy-seventh
Legislative Assembly, do not condone interference in the
doctor-patient relationship.
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