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 796

                         Senate Bill 111

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor John A. Kitzhaber,
  M.D., for State Board of Massage Therapists)

                             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.

  Requires regulation of bodywork in same manner that law
currently regulates massage. Defines 'bodywork.' Changes name of
State Board of Massage Therapists to State Board of Massage and
Bodywork.
  Authorizes board to require licensed massage and bodywork
therapists to acquire or renew endorsement to practice advanced
technique of massage or bodywork.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the regulation of bodywork; creating new provisions;
  amending ORS 31.740, 182.454, 182.460, 182.462, 192.556,
  433.443, 676.150, 676.160, 677.060, 687.011, 687.021, 687.031,
  687.041, 687.051, 687.057, 687.061, 687.071, 687.081, 687.086,
  687.095, 687.115, 687.121, 687.122, 687.123, 687.250, 746.600
  and 750.005; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:

                               { +
DEFINITION OF 'BODYWORK' + }

  SECTION 1. ORS 687.011 is amended to read:
  687.011. As used in ORS 687.011 to 687.250, 687.895 and
687.991:
  (1) 'Board' means the State Board of Massage
 { - Therapists - }  { +  and Bodywork + }.
   { +  (2) 'Bodywork' means any form of touch therapy that uses
manipulation, movement, energy or repatterning to produce
structural and functional changes to the body. + }
    { - (2) - }   { + (3) + } 'Certified class' means a class
that is approved by the  { + State + } Board  { + of Massage and
Bodywork + } and is offered:
  (a) By a person or institution licensed as a career school
under ORS 345.010 to 345.450;
  (b) By a community college and approved by the State Board of
Education;
  (c) By an accredited college or university; or
  (d) In another state and licensed or approved by the
appropriate agency in that state.
    { - (3) - }   { + (4) + } 'Fraud or misrepresentation' means
knowingly giving misinformation or a false impression through the
intentional misstatement of, concealment of or failure to make
known a material fact or by other means.
    { - (4) - }   { + (5) + } 'Manual' means the use of the hands
or the feet, or both, or any part of the body in the performance
of massage  { + or bodywork + }.
    { - (5) - }   { + (6) + } 'Massage'   { - or 'massage
therapy' - }  means the use on the human body of pressure,
friction, stroking, tapping or kneading, vibration or stretching
by manual or mechanical means or gymnastics, with or without
appliances such as vibrators, infrared heat, sun lamps and
external baths, and with or without lubricants such as salts,
powders, liquids or creams for the purpose of, but not limited
to, maintaining good health and establishing and maintaining good
physical condition.
    { - (6) - }   { + (7) + } 'Massage  { + and bodywork + }
therapist' means a person licensed under ORS 687.011 to 687.250,
687.895 and 687.991 to practice massage  { + or bodywork + }.
   { +  (8) 'Practice of bodywork' means the performance of
bodywork:
  (a) For purposes other than sexual contact, as defined in ORS
167.002 (5); and
  (b) For compensation. + }
    { - (7) - }   { + (9) + } 'Practice of massage' means the
performance of massage:
  (a) For purposes other than sexual contact, as defined in ORS
167.002 (5); and
  (b) For compensation.
    { - (8) - }   { + (10) + } 'Preceptor' means a licensed
massage  { + and bodywork + } therapist who contracts with an
approved school or program of massage  { + or bodywork + } to
provide direct on-site clinical supervision of a
 { - massage - }  student enrolled in a certified class.
    { - (9) - }   { + (11) + } 'Supervision' means:
  (a) The process of overseeing and directing the training of
  { - massage - }  students  { + enrolled in a certified
class + } as set forth in rules of the  { + State + } Board
 { + of Massage and Bodywork + };
  (b) The process of overseeing and directing a licensee being
disciplined by the board; or
  (c) Voluntary consultation with, and education of, less
experienced licensed massage  { + and bodywork + } therapists or
practitioners in related fields.
    { - (10) - }   { + (12) + } 'Treatment' means the selection,
application and practice of massage or   { - massage therapy - }
 { + bodywork + } essential to the effective execution and
management of a plan of care.
    { - (11) - }   { + (13) + } 'Unprofessional or dishonorable
conduct' means a behavior, practice or condition that is contrary
to the ethical standards adopted by the board.

                               { +
REGULATION OF BODYWORK AND + }
                               { +
TECHNIQUES OF MASSAGE OR BODYWORK + }

  SECTION 2. ORS 687.021 is amended to read:
  687.021. (1)   { - No person shall - }   { + A person may
not + } engage in { + , + } or purport to be in { + , + } the
practice of massage  { + or bodywork + } without a massage
 { + and bodywork + } therapist license issued by the State Board
of Massage   { - Therapists - }   { + and Bodywork + }.

  (2) It is unlawful to advertise by printed publication or
otherwise:
  (a) The giving of massage  { + or bodywork + } treatments in
this state by a person  { + who is + } not licensed under ORS
687.011 to 687.250, 687.895 and 687.991; or
  (b) The use of  { + the term + } 'massage'  { + or the term
'bodywork' + } in   { - the - }   { + a + } business name unless
the person providing the massage  { +  or bodywork services + }
is licensed under ORS 687.011 to 687.250, 687.895 and 687.991.
  (3) The Attorney General, the prosecuting attorney of any
county or the board, in its own name, may maintain an action for
an injunction against any person violating this section. An
injunction may be issued without proof of actual damage sustained
by any person. An injunction does not relieve a person from
criminal prosecution for violation of this section or from any
other civil, criminal or disciplinary remedy.
  SECTION 3. ORS 687.031 is amended to read:
  687.031. (1) ORS 687.011 to 687.250, 687.895 and 687.991 do not
apply to:
  (a) Persons licensed under   { - any other - }   { + a + } law
of this state to do   { - any acts - }   { + an act + } included
in the definition of massage  { + or bodywork + } in ORS
687.011 { + , + } or persons working under the direction of
  { - any - }  such  { + a + } person { + , so long as the
licensed person is acting within the recognized scope of the
person's practice + }.
  (b) Trainers of any amateur, semiprofessional or professional
athlete or athletic team.
  (c) Massage  { + or bodywork + } practiced at the athletic
department of   { - any - }   { + an + } institution maintained
by public funds of the state or of   { - any of - }  its
political subdivisions.
  (d) Massage  { + or bodywork + } practiced at the athletic
department of   { - any - }   { + a + } school or college.
  (e) Massage  { + or bodywork + } clinics operated as part of a
certified class for the purpose of student training supervised by
an approved instructor or preceptor if:
  (A)   { - Any - }   { + The + } charge for the massage  { + or
bodywork services + } does not exceed the cost incurred in
providing the   { - massage - }  { + services + }; and
  (B) The student is not compensated.
  (f) Students enrolled in a certified class when practicing
massage  { + or bodywork + } techniques in a nonclinical setting,
 { + whether + } at or away from massage school premises or
program sites, under the supervision of an approved instructor or
preceptor, if:
  (A) The student is clearly identified as a student to   { - any
member of the public - }   { + clients + } receiving massage
 { + or bodywork + } services; and
  (B) The student is not compensated.
  (g) Nonresident practitioners  { + of massage or bodywork + }
holding a valid license, permit, certificate or registration
issued by
  { - any other - }   { + another + } state or territory of the
United States or by a foreign country and temporarily practicing
massage  { + or bodywork + } in this state for a period not
exceeding 30 days for the purpose of:
  (A) Presenting educational or clinical programs, lectures,
seminars or workshops;
  (B) Furnishing massage  { + or bodywork + } services during an
emergency as part of a disaster response team; or
  (C) Consulting with a massage  { + and bodywork + } therapist
licensed in this state regarding massage   { - practices - }
 { + or bodywork techniques + } or services.
  (h) Trained or licensed practitioners of psychotherapy or
counseling modalities that use physical techniques to access or
support psychotherapeutic processes   { - when practicing - }
 { + who:
  (A) Practice  + }within the scope of a license { + ; + } or
   { +  (B) Have  + }  { - if the practitioner has - }  an
express oral or written agreement that  { + specifies that + }
the sole intent in using the physical techniques is to render the
psychotherapy or counseling.
  (i) Practitioners of reflexology who do not claim expressly or
implicitly to be   { - massage therapists - }   { + massage and
bodywork therapists + } and who limit their work to the practice
of reflexology through the application of pressure with the
thumbs to reflex points on the feet, hands and ears for the
purpose of bringing the body into balance  { - , thereby - }
 { + and + } promoting the well-being of clients.
  (j) Practitioners who:
  (A) Do not claim expressly or implicitly to be   { - massage
therapists - }   { + massage and bodywork therapists + };
  (B) Limit their work to one or more of the following
  { - practices - }   { + techniques + }:
  (i) Using touch, words and directed movement to deepen
awareness of existing patterns of movement and suggest new
possibilities of movement;
  (ii) Using minimal touch over specific points on the body to
facilitate balance in the nervous system; or
  (iii) Using touch to affect the energy systems or channels of
energy of the body;
  (C) Are certified by a professional organization or
credentialing agency that:
  (i) Requires a minimum level of training, demonstration of
competence and adherence to an approved scope of practice and
ethical standards; and
  (ii) Maintains disciplinary procedures to ensure adherence to
the requirements of the organization or agency; and
  (D) Provide contact information in the practitioner's place of
business for any organization or agency that has certified the
practitioner.
  (2) The State Board of Massage   { - Therapists - }   { + and
Bodywork + } has the authority to verify that a practitioner
claiming to be exempt from application of ORS 687.011 to 687.250,
687.895 and 687.991 under subsection (1)(j) of this section is
certified by a professional organization or credentialing agency
as required by subsection (1)(j)(C) of this section.
  (3) A nonresident practitioner  { + of massage or bodywork + }
performing massage  { + or bodywork + } under subsection (1)(g)
of this section must obtain a temporary practice permit if
practicing in this state for   { - a total of - }  more than 30
days in a calendar year.  Applications must be accompanied by the
application fee provided for in ORS 687.071. A temporary practice
permit shall allow the nonresident practitioner  { + of massage
or bodywork + } to practice massage  { + or bodywork + } in this
state for a maximum of 180 days in a calendar year.
  SECTION 4. ORS 687.041 is amended to read:
  687.041. (1) Applications to the State Board of Massage
  { - Therapists - }   { + and Bodywork + } for a massage
 { + and bodywork + } therapist license shall be made on forms
provided by the board and shall contain the information required
to assure the board of the applicant's eligibility for a license.
The application fee provided for in ORS 687.071 shall accompany
the application.
  (2) An applicant shall state on the application whether the
applicant has ever been arrested for or convicted of a
 { - crime exclusive of minor traffic offenses and if so, where
and when - }  { + misdemeanor or felony and the date and location
of the arrest or conviction + }.
  (3) The board may require that an applicant submit to
fingerprinting and may use the fingerprints to request a criminal
records check of the applicant under ORS 181.534.   { - It - }
 { + The board + } may also require the photograph of the
applicant.
  (4) All law enforcement agencies in this state shall cooperate
with the board in the administration of ORS 687.011 to 687.250,
687.895 and 687.991 and shall, when requested, investigate and
report to the board their findings regarding the arrest or
conviction of the applicant for crimes within or outside this
state.
  SECTION 5. ORS 687.051 is amended to read:
  687.051. (1) To be eligible for issuance of an initial license
in this state as a massage  { + and bodywork + } therapist, the
applicant shall:
  (a) Furnish the State Board of Massage   { - Therapists - }
 { + and Bodywork + } with personal references required by rule
of the board.
  (b) Have attained the age of 18 years.
  (c) Furnish the board with educational certificates or
transcripts required by law or rule of the board including but
not limited to proof of certification in cardiopulmonary
resuscitation.
  (d)(A) Have completed a minimum of 500 contact hours of
certified classes in the following subjects:
  (i) Anatomy and physiology;
  (ii) Kinesiology;
  (iii) Pathology;
  (iv) Theory; and
  (v) Hands-on practice of massage   { - and - }   { + or + }
bodywork techniques { + , + } and professional practices,
including client communication and boundaries, professional and
business ethics and sanitation; or
  (B) Obtain the approval of the board after the board performs a
credentialing review, including but not limited to a review of
the classes completed by the applicant and the applicant's
professional experience, to determine the applicant's proficiency
  { - in the field of massage - } .
  (e) Pass an examination prepared and conducted by the board or
its authorized representative establishing  { + the
applicant's + } competency and ability to engage in the practice
of massage  { + and bodywork + }. The examination must be
administered in the English language or another language approved
by the board and may be in written, oral or practical form and
may test the applicant for the required level of knowledge and
skill in any subject related to massage and bodywork. The board
shall accept passage of the National Certification Board for
Therapeutic Massage and Bodywork examination or another
board-approved national standardized examination as meeting the
written examination requirement
  { - contained - }   { + described + } in this paragraph.
  (f) Submit the application with payment for licensing within
one year after notification of having passed the qualifying
examination.
  (2) An applicant must be a person of good moral character.  For
purposes of this section, the lack of good moral character may be
established by reference to acts or conduct reflecting moral
turpitude or to acts or conduct that would cause a reasonable
person to have substantial doubts about the applicant's ability
to  { +  engage in the + } practice  { + of + } massage  { + or
bodywork + } in accordance with ORS 687.011 to 687.250, 687.895
and 687.991 and rules of the  { + State + } Board  { + of Massage
and Bodywork + }.
  (3) The board may require that an applicant furnish evidence
satisfactory to the board that the applicant can safely and
competently practice   { - the profession of massage - }
 { + massage or bodywork + }. The board may consider evidence
including, but not limited to, indications of impairment as
defined in ORS 676.303 or of behavior, practices or conduct that
would be considered unprofessional or dishonorable conduct if
engaged in by a person licensed under ORS 687.011 to 687.250,
687.895 and 687.991.
  (4) The board shall adopt rules establishing the required hours
for each subject listed in subsection (1)(d)(A) of this section.
  (5) To be eligible for biennial renewal, a renewal applicant
shall submit evidence to the board, as determined by the board by
rule, that the applicant has completed a minimum of 12 hours of
board-approved continuing education.
  (6) To be eligible for inactive status, a licensed massage
 { +  and bodywork + } therapist   { - must not be practicing - }
 { + may not practice + } massage  { + or bodywork + } in this
state.
  SECTION 6. ORS 687.057 is amended to read:
  687.057. (1) The State Board of Massage   { - Therapists - }
 { + and Bodywork + } may license by indorsement or reciprocity
any individual who applies, meets the requirements established by
the board and, on the date of making application, is   { - a
massage therapist - } licensed  { + to practice massage or
bodywork + } under the laws of   { - any other - }
 { + another + } state or territory of the United States or by a
foreign country if the requirements  { + for licensure + } in the
state, territory or country where the applicant is licensed are
not less than   { - those required in - }   { + the requirements
of + } ORS 687.011 to 687.250, 687.895 and 687.991. The board
shall adopt rules for determining the necessity of an examination
based on educational preparation, successful completion of other
examinations, work experience and the number of years in active
practice of massage  { +  or bodywork + }.
  (2) The board may license by indorsement any individual who
applies and successfully completes a practical examination if the
individual is already licensed under   { - a law of this state to
do an act included in the definition of massage in ORS
687.011 - }  { +  the laws of this state to perform any of the
techniques described in the definition of 'massage' or 'bodywork'
in ORS 687.011 + }.
  (3) The board may enter into an agreement with the appropriate
regulatory body of any other state, territory or foreign country
for reciprocal licensing if the board determines that the
qualifications and standards of the other state, territory or
foreign country are not less than those required in ORS 687.011
to 687.250, 687.895 and 687.991.
  SECTION 7. ORS 687.061 is amended to read:
  687.061. (1) Licenses issued under ORS 687.011 to 687.250,
687.895 and 687.991 expire on the date established by the State
Board of Massage   { - Therapists - }   { + and Bodywork + } by
rule and may be renewed after payment of the renewal fee
established by the board.  If the renewal fee is not paid by the
expiration date established by the board, a delinquency fee must
be paid prior to renewal.  Licenses may be renewed within three
years after the date of expiration upon payment of the renewal
fee and the delinquency fee established by the board.
  (2) An individual who practices massage  { + or bodywork + }
without holding a valid unexpired license issued under ORS
687.011 to 687.250, 687.895 and 687.991 is subject to
disciplinary action and civil penalty by the board, injunction
and criminal prosecution.  No disciplinary action, civil penalty
or criminal proceeding shall be initiated under this section
after the date that a renewal
  { - and - }   { + or + } delinquency fee is paid. However,
payment of a renewal
  { - and - }   { + or + } delinquency fee does not stay any
disciplinary action, civil penalty or criminal proceeding already
assessed or initiated.
  SECTION 8. ORS 687.071 is amended to read:
  687.071. (1) The State Board of Massage   { - Therapists - }
 { + and Bodywork + } shall impose fees for the following:
  (a)   { - Massage therapist license - }  Issuance or renewal
 { + of a massage and bodywork therapist license + }.
  (b) Examinations and reexaminations.
  (c) Inactive status.
  (d) Delinquency in renewal of a license.
  (e) Temporary practice permit.
  (f) Application for   { - massage - }  license examination.
  (2) If the effective period of the initial massage  { + and
bodywork + } therapist license is to be less than 12 months by
reason of the expiration date established by rule of the board,
the required license fee shall be prorated to represent one-half
of the biennial rate.
  (3) The board shall examine or reexamine any applicant for a
massage  { + and bodywork + } therapist license who pays a fee
for each examination and who meets the requirements of ORS
687.051.
  (4) All moneys received by the board shall be paid into the
account created by the board under ORS 182.470 and are
  { - appropriated - }  continuously  { + appropriated + } to the
board and shall be used only for the administration and
enforcement of ORS 687.011 to 687.250, 687.895 and 687.991.
  SECTION 9. ORS 687.081 is amended to read:
  687.081. (1) The State Board of Massage   { - Therapists - }
 { + and Bodywork + } may discipline a   { - licensee - }
 { + person + }, deny, suspend, revoke or refuse to renew a
license  { + issued by the board + }, issue a reprimand, censure
a licensee or place a licensee on probation if the
 { - licensee - }   { + person + }:
  (a) Has violated any provision of ORS 687.011 to 687.250,
687.895 and 687.991 or any rule of the board adopted under ORS
687.121.
  (b) Has made any false representation or statement to the board
in order to induce or prevent action by the board.
  (c)  { + Is a licensee and + } has a physical or mental
condition that makes the   { - licensee - }   { + person + }
unable to conduct safely the practice of massage  { + or
bodywork + }.
  (d)  { + Is a licensee and + } is habitually intemperate in the
use of alcoholic beverages or is addicted to the use of
habit-forming drugs or controlled substances.
  (e) Has misrepresented to any   { - patron any - }   { + client
any massage or bodywork + } services rendered.
  (f) Has been convicted of a crime that bears a demonstrable
relationship to the practice of massage  { + or bodywork + }.
  (g) Fails to meet with any requirement under ORS 687.051.
  (h) Violates any provision of ORS 167.002 to 167.027.
  (i) Engages in unprofessional or dishonorable conduct.
  (j) Has been the subject of disciplinary action as a massage
 { +  or bodywork + } therapist by   { - any other - }
 { + another + } state or territory of the United States or by a
foreign country { + , + } and the board determines that the cause
of the disciplinary action would be a violation under ORS 687.011
to 687.250, 687.895 and 687.991 or rules of the board if
 { - it - }   { + the violation had + } occurred in this state.
  (2) If the board places a licensee on probation pursuant to
subsection (1) of this section, the board may impose and at any
time modify the following conditions of probation:
  (a) Limitation on the allowed scope of practice.
  (b) Referral to the impaired health professional program
established under ORS 676.190.
  (c) Individual or peer supervision.
  (d) Such other conditions as the board may consider necessary
for the protection of the public and the rehabilitation of the
licensee.
  (3) If the board determines that a licensee's continued
practice  { + of massage or bodywork + } constitutes a serious
danger to the public, the board may impose an emergency
suspension of the license without a hearing. Simultaneous with
the order of suspension, the board shall institute proceedings
for a hearing as provided under ORS 687.011 to 687.250, 687.895
and 687.991. The suspension shall continue unless and until the
licensee obtains injunctive relief from a court of competent
jurisdiction or the board determines that the suspension is no
longer necessary for the protection of the public.
  (4) In addition to the discipline described in subsection (1)
of this section, the board may impose a civil penalty as provided
under ORS 687.250. Civil penalties under this subsection shall be
imposed pursuant to ORS 183.745.
  (5) Prior to imposing any of the sanctions authorized under
this section, the board shall consider, but is not limited to,
the following factors:
  (a) The person's past history in observing the provisions of
ORS 687.011 to 687.250, 687.895 and 687.991 and the rules adopted
pursuant thereto;
  (b) The effect of the violation on public safety and welfare;
  (c) The degree to which the action subject to sanction violates
professional ethics and standards of practice;
  (d) The economic and financial condition of the person subject
to sanction; and
  (e) Any mitigating factors that the board may choose to
consider.
  (6) In addition to the sanctions authorized by this section,
the board may assess against a licensee the costs associated with
the disciplinary action taken against the licensee.
  (7) The board shall adopt a code of ethical standards for
  { - practitioners of - }  massage  { + and bodywork
therapists + } and shall take appropriate measures to ensure that
all applicants and
  { - practitioners of - }   { + persons licensed to practice + }
massage  { + or bodywork + } are aware of those standards.
  (8) Upon receipt of a complaint under ORS 687.011 to 687.250,
687.895 and 687.991, the board shall conduct an investigation as
described under ORS 676.165.
  (9) Information that the board obtains as part of an
investigation into licensee or applicant conduct { + , + } or as
part of a contested case proceeding, consent order or stipulated
agreement involving licensee or applicant conduct { + , + } is
confidential as provided under ORS 676.175.
  SECTION 10. ORS 687.086 is amended to read:
  687.086. (1) If the State Board of Massage   { - Therapists - }
 { + and Bodywork + } proposes to impose any of the sanctions
authorized in ORS 687.081 or take other disciplinary action,
opportunity for hearing shall be accorded as provided in ORS
chapter 183. Hearings under this section must be conducted by an
administrative law judge assigned from the Office of
Administrative Hearings established by ORS 183.605.
  (2) Promulgation of rules, conduct of hearings, issuance of
orders and judicial review of rules and orders shall be as
provided in ORS chapter 183.
  SECTION 11. ORS 687.095 is amended to read:
  687.095. Unless state or federal laws relating to
confidentiality or the protection of health information prohibit
disclosure, a massage  { + and bodywork + } therapist
 { + licensed by the State Board of Massage and Bodywork + } 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 12. ORS 687.115 is amended to read:

  687.115. (1) The State Board of Massage   { - Therapists - }
 { + and Bodywork + } operates as a semi-independent state agency
subject to ORS 182.456 to 182.472, for purposes of carrying out
the provisions of ORS 687.011 to 687.250, 687.895 and 687.991.
The board consists of seven 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) Four must be licensed massage  { + and bodywork + }
therapists.
  (b) Three must be members of the public, including one public
member selected from a health related field. Public members may
not be:
  (A) Massage  { + and bodywork + } therapists; or
  (B) A spouse, domestic partner, child, parent or sibling of a
massage  { + and bodywork + } therapist.
  (2)(a) Board members required to be licensed massage  { + and
bodywork + } therapists may be selected by the Governor from a
list of three to five nominees for each vacancy, submitted by a
professional organization representing massage  { + and
bodywork + } therapists.
  (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
  (A) Geographic areas of this state; and
  (B) Ethnic group.
  (3)(a) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. The terms must be
staggered so that no more than three terms end each year. A
member is eligible for reappointment. If there is a vacancy in
the membership of the board for any reason, the Governor shall
make an appointment to become immediately effective for the
remainder of the unexpired term.
  (b) 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 licensed massage  { + and bodywork + } therapist
or a retired massage  { + and bodywork + } therapist who was
 { - a licensed massage therapist - }  in good standing at the
time of retirement, if the board member was appointed to serve on
the board as a massage  { + and bodywork + } therapist.
  (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.
  (5) The board may:
  (a) Hold meetings at times and locations determined by the
board.
  (b) Hire, define the duties and fix the salary of an
administrator who may hire and define the duties and provide
supervision and evaluation of other employees as necessary to
carry out the provisions of ORS 687.011 to 687.250, 687.895 and
687.991. The administrator, with approval of the board, may also
employ special consultants. All salaries, compensation and
expenses incurred or allowed shall be paid out of funds received
by the board.
  SECTION 13. ORS 687.121 is amended to read:
  687.121. The State Board of Massage   { - Therapists - }
 { + and Bodywork + } may adopt rules:
  (1) Establishing reasonable standards concerning the sanitary,
hygienic and healthful conditions of premises and facilities used
by massage  { + and bodywork + } therapists.
  (2) Relating to the methods and procedures used in the practice
of massage  { + or the practice of bodywork + }.
  (3) Governing the examination and investigation of applicants
for the licenses issued under ORS 687.011 to 687.250, 687.895 and
687.991 and the issuance, renewal, suspension and revocation of
such licenses.
  (4) Setting standards for   { - certifying - }
 { + certified + } classes under ORS 687.051.
  (5) Requiring   { - that - }  massage  { + and bodywork + }
therapists  { + to + } supply the board with the accurate,
current address or addresses
  { - where they - }   { + of the premises where the
licensees + } practice massage  { +  or bodywork + }.
   { +  (6) Regulating the practice of massage or bodywork. As
part of such regulation, the board may require a massage and
bodywork therapist to:
  (a) Acquire an endorsement to practice an advanced technique of
massage or bodywork; and
  (b) Renew an endorsement issued pursuant to this subsection in
a time and manner prescribed by the board. + }
    { - (6) - }   { + (7) + } Fixing the educational, training
and experience requirements for licensing by indorsement or
reciprocity.
    { - (7) - }   { + (8) + } Establishing requirements for
issuance and retention of an inactive license.
    { - (8) - }   { + (9) + } Regarding any matter that the board
reasonably considers necessary and proper for the administration
and enforcement of ORS 687.011 to 687.250, 687.895 and 687.991.
  SECTION 14. ORS 687.122 is amended to read:
  687.122. (1) Upon the complaint of any   { - citizen - }
 { + resident + } of this state, or upon its own motion, the
State Board of Massage
  { - Therapists - }   { + and Bodywork + } may investigate any
alleged violation of ORS 687.011 to 687.250, 687.895 and 687.991.
  (2) In the conduct of investigations, the board may:
  (a) Take evidence;
  (b) Take the depositions of witnesses, including the person
charged, in the manner provided by law in civil cases;
  (c) Compel the appearance of witnesses, including the person
charged, before the board in person the same as in civil cases;
  (d) Require answers to interrogatories; and
  (e) Compel the production of books, papers, accounts, documents
and testimony pertaining to the matter under investigation.
  (3) In exercising its authority under subsection (2) of this
section, the board may issue subpoenas over the signature of the
board chairperson and the seal of the board in the name of the
State of Oregon.
  (4) If a person fails to comply with a subpoena issued under
this section, the judge of the circuit court shall compel
obedience by proceedings for contempt as in the case of
disobedience of the requirements of a subpoena issued from the
court.
  SECTION 15. ORS 687.123 is amended to read:
  687.123. Upon complaint about the premises   { - on which - }
 { + where + } a massage  { + and bodywork + } therapist
practices massage  { + or bodywork + }, the State Board of
Massage   { - Therapists - }   { + and Bodywork, + } or its
authorized representative { + , + } may inspect such premises in
order to determine whether the premises meet the standards set by
order of the board under ORS 687.121 (1).
  SECTION 16. ORS 687.250 is amended to read:
  687.250. (1) The State Board of Massage   { - Therapists - }
 { + and Bodywork + } shall report to the proper district
attorney all cases that in the judgment of the board warrant
criminal prosecution under ORS 687.991.
  (2) The board may, in its own name, assess a civil penalty
against any licensed or unlicensed person violating a provision
of ORS 687.011 to 687.250, 687.895 and 687.991. The board may
assess the civil penalty instead of or in addition to
disciplinary action under ORS 687.081, an injunction issued under
ORS 687.021 or criminal prosecution by the district attorney
under this section.  The amount of the civil penalty may not
exceed $1,000 for any single violation. Except as the board may
otherwise provide under ORS 182.462 (1)(e), moneys collected
through the assessment of civil penalties by the board under this
subsection or ORS 687.081 shall be deposited into the account
created by the board pursuant to ORS 182.470 and are continuously
appropriated to the board for carrying out the provisions of ORS
687.011 to 687.250, 687.895 and 687.991.

                               { +
CONFORMING AMENDMENTS + }

  SECTION 17. 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;
  (e) An emergency medical services provider under ORS chapter
682;
  (f) A podiatric physician and surgeon under ORS 677.820 to
677.840;
  (g) A nurse under ORS 678.040 to 678.101;
  (h) A nurse practitioner under ORS 678.375 to 678.390;
  (i) A dentist under ORS 679.060 to 679.180;
  (j) A dental hygienist under ORS 680.040 to 680.100;
  (k) A denturist under ORS 680.515 to 680.535;
  (L) An audiologist or speech-language pathologist under ORS
681.250 to 681.350;
  (m) An optometrist under ORS 683.040 to 683.155 and 683.170 to
683.220;
  (n) A chiropractor under ORS 684.040 to 684.105;
  (o) A naturopath under ORS 685.060 to 685.110, 685.125 and
685.135;
  (p) A massage  { + and bodywork + } therapist under ORS 687.011
to 687.250;
  (q) A physical therapist under ORS 688.040 to 688.145;
  (r) A medical imaging licensee under ORS 688.445 to 688.525;
  (s) A pharmacist under ORS 689.151 and 689.225 to 689.285;
  (t) A physician assistant as provided by ORS 677.505 to
677.525; or
  (u) 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 18. ORS 182.454 is amended to read:
  182.454. The following semi-independent state agencies are
subject to ORS 182.456 to 182.472:
  (1) The Appraiser Certification and Licensure Board.
  (2) The State Board of Architect Examiners.
  (3) The State Board of Examiners for Engineering and Land
Surveying.
  (4) The State Board of Geologist Examiners.
  (5) The State Landscape Architect Board.
  (6) The Oregon Board of Optometry.
  (7) The Oregon Patient Safety Commission.
  (8) The Oregon Wine Board.
  (9) The State Board of Massage   { - Therapists - }   { + and
Bodywork + }.
  (10) The Physical Therapist Licensing Board.
  (11) The State Landscape Contractors Board.
  SECTION 19. ORS 182.460, as amended by section 59, chapter 107,
Oregon Laws 2012, is amended to read:
  182.460. (1) Except as provided in subsections (2) and (3) of
this section and as otherwise provided by law, the provisions of
ORS 283.085 to 283.092 and ORS chapters 240, 276, 279A, 279B,
279C, 282, 283, 291, 292 and 293 do not apply to a board. A board
is subject to all other statutes governing a state agency that do
not conflict with ORS 182.456 to 182.472, including the tort
liability provisions of ORS 30.260 to 30.300 and the provisions
of ORS chapter 183, and a board's employees are included within
the Public Employees Retirement System.
  (2) Notwithstanding subsection (1) of this section, the
following provisions apply to a board:
  (a) ORS 240.309 (1) to (6) and 240.321;
  (b) ORS 279A.250 to 279A.290;
  (c) ORS 282.210 to 282.230; and
  (d) ORS 293.240.
  (3) Notwithstanding subsection (1) of this section, ORS chapter
240 applies to the Oregon Board of Optometry, the State Board of
Massage   { - Therapists - }   { + and Bodywork + } and the
Physical Therapist Licensing Board.
  (4) In carrying out the duties, functions and powers of a
board, the board may contract with any state agency for the
performance of duties, functions and powers as the board
considers appropriate. A state agency may not charge a board an
amount that exceeds the actual cost of those services. ORS
182.456 to 182.472 do not require an agency to provide services
to a board other than pursuant to a voluntary interagency
agreement or contract.
  (5) A board shall adopt personnel policies and contracting and
purchasing procedures. The Oregon Department of Administrative
Services shall review those policies and procedures for
compliance with applicable state and federal laws and collective
bargaining contracts.
  (6) Except as otherwise provided by law, directors and
employees of a board are eligible to receive the same benefits as
state employees and are entitled to retain their State of Oregon
hire dates, transfer rights and job bidding rights, all without
loss of seniority, and to the direct transfer of all accumulated
state agency leaves.
  SECTION 20. ORS 182.462 is amended to read:
  182.462. (1)(a) A board shall adopt budgets on a biennial basis
using classifications of expenditures and revenues required by
ORS 291.206 (1), but the budget is not subject to review and
approval by the Legislative Assembly or to future modification by
the Emergency Board or the Legislative Assembly.
  (b) The budget referred to in paragraph (a) of this subsection
shall be adopted in accordance with applicable provisions of ORS
chapter 183. Except as provided in this paragraph, a board shall
adopt or modify a budget only after a public hearing thereon. A
board must give notice of the hearing to all holders of licenses
issued by the board.
  (c) A board shall follow generally accepted accounting
principles and keep financial and statistical information as
necessary to completely and accurately disclose the financial
condition and financial operations of the board as may be
required by the Secretary of State.
  (d) A board shall prepare an annual financial statement of
board revenues and expenses and shall make the statement
available for public review. The board shall provide a copy of
the statement to the Oregon Department of Administrative Services
not later than the 90th day after the end of the state fiscal
year.
  (e) A board may, by rule, elect to donate all or part of the
revenue derived by the board from civil penalties to the General
Fund of the State Treasury.
  (2) In addition to the reports required by ORS 182.472, the
Oregon Board of Optometry, the State Board of Massage
 { - Therapists - }  { + and Bodywork + } and the Physical
Therapist Licensing Board shall, on or before February 1 of each
odd-numbered year, present the budget adopted by the board under
this section to the Governor, the President of the Senate, the
Speaker of the House of Representatives and the Legislative
Fiscal Officer.
  SECTION 21. 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
  (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, physician
assistant or acupuncturist licensed under ORS chapter 677 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  { + and bodywork + } therapist licensed under
ORS 687.011 to 687.250 or an employee of the massage  { + and
bodywork + } 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.
  (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);
  (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 22. 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, physician
assistant or acupuncturist licensed under ORS chapter 677 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  { + and bodywork + } therapist licensed under
ORS 687.011 to 687.250 or an employee of the massage  { + and
bodywork + } 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.
  (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
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
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 23. ORS 676.150 is amended to read:
  676.150. (1) As used in this section:
  (a) 'Board' means the:
  (A) State Board of Examiners for Speech-Language Pathology and
Audiology;
  (B) State Board of Chiropractic Examiners;
  (C) State Board of Licensed Social Workers;
  (D) Oregon Board of Licensed Professional Counselors and
Therapists;
  (E) Oregon Board of Dentistry;
  (F) Board of Licensed Dietitians;
  (G) State Board of Massage   { - Therapists - }   { + and
Bodywork + };
  (H) Oregon Board of Naturopathic Medicine;
  (I) Oregon State Board of Nursing;
  (J) Nursing Home Administrators Board;
  (K) Oregon Board of Optometry;
  (L) State Board of Pharmacy;
  (M) Oregon Medical Board;
  (N) Occupational Therapy Licensing Board;
  (O) Physical Therapist Licensing Board;
  (P) State Board of Psychologist Examiners;
  (Q) Board of Medical Imaging;
  (R) State Board of Direct Entry Midwifery;
  (S) State Board of Denture Technology;
  (T) Respiratory Therapist and Polysomnographic Technologist
Licensing Board;
  (U) Oregon Health Authority, to the extent that the authority
licenses emergency medical services providers;
  (V) Oregon State Veterinary Medical Examining Board; or
  (W) State Mortuary and Cemetery Board.
  (b) 'Licensee' means a health professional licensed or
certified by or registered with a board.
  (c) 'Prohibited conduct' means conduct by a licensee that:
  (A) Constitutes a criminal act against a patient or client; or
  (B) Constitutes a criminal act that creates a risk of harm to a
patient or client.
  (d) 'Unprofessional conduct' means conduct unbecoming a
licensee or detrimental to the best interests of the public,
including conduct contrary to recognized standards of ethics of
the licensee's profession or conduct that endangers the health,
safety or welfare of a patient or client.
  (2) Unless state or federal laws relating to confidentiality or
the protection of health information prohibit disclosure, a
licensee who has reasonable cause to believe that another
licensee has engaged in prohibited or unprofessional conduct
shall report the conduct to the board responsible for the
licensee who is believed to have engaged in the conduct. The
reporting licensee shall report the conduct without undue delay,
but in no event later than 10 working days after the reporting
licensee learns of the conduct.
  (3) A licensee who is convicted of a misdemeanor or felony or
who is arrested for a felony crime shall report the conviction or
arrest to the licensee's board within 10 days after the
conviction or arrest.
  (4) The board responsible for a licensee who is reported to
have engaged in prohibited or unprofessional conduct shall
investigate in accordance with the board's rules. If the board
has reasonable cause to believe that the licensee has engaged in
prohibited conduct, the board shall present the facts to an
appropriate law enforcement agency without undue delay, but in no
event later than 10 working days after the board finds reasonable
cause to believe that the licensee engaged in prohibited conduct.
  (5) A licensee who fails to report prohibited or unprofessional
conduct as required by subsection (2) of this section or the
licensee's conviction or arrest as required by subsection (3) of
this section is subject to discipline by the board responsible
for the licensee.
  (6) A licensee who fails to report prohibited conduct as
required by subsection (2) of this section commits a Class A
violation.
  (7) Notwithstanding any other provision of law, a report under
subsection (2) or (3) of this section is confidential under ORS
676.175. A board may disclose a report as provided in ORS
676.177.
  (8) Except as part of an application for a license or for
renewal of a license and except as provided in subsection (3) of
this section, a board may not require a licensee to report the
licensee's criminal conduct.
  (9) The obligations imposed by this section are in addition to
and not in lieu of other obligations to report unprofessional
conduct as provided by statute.
  (10) A licensee who reports to a board in good faith as
required by subsection (2) of this section is immune from civil
liability for making the report.
  (11) A board and the members, employees and contractors of the
board are immune from civil liability for actions taken in good
faith as a result of a report received under subsection (2) or
(3) of this section.
  SECTION 24. ORS 676.160 is amended to read:
  676.160. As used in ORS 676.165 to 676.180, 'health
professional regulatory board' means the:
  (1) State Board of Examiners for Speech-Language Pathology and
Audiology;
  (2) State Board of Chiropractic Examiners;
  (3) State Board of Licensed Social Workers;
  (4) Oregon Board of Licensed Professional Counselors and
Therapists;
  (5) Oregon Board of Dentistry;
  (6) Board of Licensed Dietitians;
  (7) State Board of Massage   { - Therapists - }   { + and
Bodywork + };
  (8) State Mortuary and Cemetery Board;
  (9) Oregon Board of Naturopathic Medicine;
  (10) Oregon State Board of Nursing;
  (11) Nursing Home Administrators Board;
  (12) Oregon Board of Optometry;
  (13) State Board of Pharmacy;
  (14) Oregon Medical Board;
  (15) Occupational Therapy Licensing Board;
  (16) Physical Therapist Licensing Board;
  (17) State Board of Psychologist Examiners;
  (18) Board of Medical Imaging;
  (19) Oregon State Veterinary Medical Examining Board; and
  (20) Oregon Health Authority, to the extent that the authority
licenses emergency medical services providers.
  SECTION 25. ORS 677.060 is amended to read:
  677.060. This chapter does not affect or prevent the following:
  (1) The practice of medicine or podiatry in this state by any
commissioned medical or podiatric officer serving in the Armed
Forces of the United States or Public Health Service, or any
medical or podiatric officer on duty with the United States
Department of Veterans Affairs, while any such medical or
podiatric officer is engaged in the performance of the actual
duties prescribed by the laws and regulations of the United
States.
  (2) The meeting in this state of any licensed practitioner of
medicine of any other state or country with a licensed
practitioner of medicine in this state, for consultation.
  (3) Supervised clinical training by an acupuncture student who
is enrolled in a school approved to offer credit for
post-secondary clinical education in Oregon or clinical practice
of acupuncture by a practitioner licensed to practice acupuncture
in another state or foreign country who is enrolled in clinical
training approved by the Oregon Medical Board.
  (4) The furnishing of medical or surgical assistance in cases
of emergency requiring immediate attention.
  (5) The domestic administration of family remedies.
  (6) The practice of dentistry, pharmacy, nursing, optometry,
psychology, regulated social work, chiropractic, naturopathic
medicine or cosmetic therapy, by any person authorized by this
state.
  (7) The practice of the religion of persons who endeavor to
prevent or cure disease or suffering by prayer or other spiritual
means in accordance with the tenets of any church. Nothing in
this chapter interferes in any manner with the individual's right
to select the practitioner or mode of treatment of an
individual's choice, or interferes with the right of the person
so employed to give the treatment so chosen if public health laws
and rules are complied with.
  (8) The sale of lenses, artificial eyes, limbs or surgical
instruments or other apparatus or appliances of a similar
character.
  (9) The sale, rent or use for hire of any device or appliance,
the sale of which is not prohibited by the laws of Oregon or the
United States.
  (10) The practice of physiotherapy, electrotherapy or
hydrotherapy carried on by a duly licensed practitioner of
medicine, naturopathic medicine or chiropractic, or by ancillary
personnel certified by the State Board of Chiropractic Examiners,
pursuant to ORS 684.155 (1)(c)(A), to provide physiotherapy,
electrotherapy or hydrotherapy and working under the direction of
a chiropractic physician.
  (11) The  { + practice of bodywork or the + } practice   { - or
use - }  of massage, Swedish movement, physical culture, or other
natural methods requiring use of the hands.
  (12) The use of the title 'doctor,' 'chiropractic physician,'
'naturopathic physician,' 'doctor of optometry, ' ' optometric
physician' or 'podiatric physician' in accordance with ORS
676.110 and 676.120.
  SECTION 26. 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.
  (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.
  (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, physician
assistant or acupuncturist licensed under ORS chapter 677 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  { + and bodywork + } therapist licensed under
ORS 687.011 to 687.250 or an employee of the massage  { + and
bodywork + } 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;
  (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
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;
  (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.
  SECTION 27. ORS 750.005 is amended to read:
  750.005. As used in ORS 750.005 to 750.095:
  (1) 'Claims' means any amount incurred by the insurer covering
contracted benefits.
  (2) 'Complementary health services' means the following health
care services:
  (a) Chiropractic as defined in ORS 684.010;
  (b) Naturopathic medicine as defined in ORS 685.010;
  (c) Massage   { - therapy - }   { + and bodywork, both + } as
defined in ORS 687.011; or
  (d) Acupuncture as defined in ORS 677.757.
  (3) 'Doctor' means any person lawfully licensed or authorized
by statute to render any health care services.
  (4) 'Health care service contractor' means:
  (a) Any corporation that is sponsored by or otherwise
intimately connected with a group of doctors licensed by this
state, or by a group of hospitals licensed by this state, or
both, under contracts with groups of doctors or hospitals that
include conditions holding the subscriber harmless in the event
of nonpayment by the health care service contract as provided in
ORS 750.095, and that accepts prepayment for health care
services; or
  (b) Any person referred to in ORS 750.035.
  (5) 'Health care services' means the furnishing of medicine,
medical or surgical treatment, nursing, hospital service, dental
service, optometrical service, complementary health services or
any or all of the enumerated services or any other necessary
services of like character, whether or not contingent upon
sickness or personal injury, as well as the furnishing to any
person of any and all other services and goods for the purpose of
preventing, alleviating, curing or healing human illness,
physical disability or injury.
  (6) 'Health maintenance organization' means any health care
service contractor operated on a for-profit or
not { + - + }for-profit basis   { - which - }  { +  that + }:
  (a) Qualifies under Title XIII of the Public Health Service
Act; or
  (b)(A) Provides or otherwise makes available to enrolled
participants health care services, including at least the
following basic health care services:
  (i) Usual physician services;
  (ii) Hospitalization;
  (iii) Laboratory;
  (iv) X-ray;
  (v) Emergency and preventive services; and
  (vi) Out-of-area coverage;
  (B) Is compensated, except for copayments, for the provision of
basic health care services listed in subparagraph (A) of this
paragraph to enrolled participants on a predetermined periodic
rate basis;
  (C) Provides physicians' services primarily directly through
physicians who are either employees or partners of such
organization, or through arrangements with individual physicians
or one or more groups of physicians organized on a group practice
or individual practice basis; and
  (D) Employs the terms 'health maintenance organization' or '
HMO' in its name, contracts, literature or advertising media on
or before July 13, 1985.

                               { +
NAME CHANGE PROVISION + }

  SECTION 28.  { + (1) The amendments to ORS 182.454, 182.460,
182.462, 676.150, 676.160, 687.011, 687.021, 687.031, 687.041,
687.051, 687.057, 687.061, 687.071, 687.081, 687.086, 687.115,
687.121, 687.122, 687.123 and 687.250 by sections 1 to 10, 12 to
16, 18 to 20, 23 and 24 of this 2013 Act are intended to change
the name of the 'State Board of Massage Therapists' to the '
State Board of Massage and Bodywork.  '
  (2) For the purpose of harmonizing and clarifying statutory
law, the Legislative Counsel may substitute for words designating
the 'State Board of Massage Therapists,' wherever they occur in
statutory law, other words designating the 'State Board of
Massage and Bodywork.' + }

                               { +
OPERATIVE DATE + }

  SECTION 29.  { + (1) The amendments to ORS 31.740, 182.454,
182.460, 182.462, 192.556, 433.443, 676.150, 676.160, 677.060,
687.011, 687.021, 687.031, 687.041, 687.051, 687.057, 687.061,
687.071, 687.081, 687.086, 687.095, 687.115, 687.121, 687.122,
687.123, 687.250, 746.600 and 750.005 by sections 1 to 27 of this
2013 Act become operative on January 1, 2014.
  (2) The State Board of Massage and Bodywork may take any action
before the operative date specified in subsection (1) of this
section that is necessary to enable the board to exercise, on and
after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
board by the amendments to ORS 31.740, 182.454, 182.460, 182.462,
192.556, 433.443, 676.150, 676.160, 677.060, 687.011, 687.021,
687.031, 687.041, 687.051, 687.057, 687.061, 687.071, 687.081,
687.086, 687.095, 687.115, 687.121, 687.122, 687.123, 687.250,
746.600 and 750.005 by sections 1 to 27 of this 2013 Act. + }

                               { +
CAPTIONS + }

  SECTION 30.  { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }

                               { +
EMERGENCY CLAUSE + }

  SECTION 31.  { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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