Bill Text: OR SB207 | 2011 | Regular Session | Introduced

Oregon Senate Bill 207 (Prior Session Legislation)

Introduced

Bill Title: Relating to patient safety.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB207 Detail]

Download: Oregon-2011-SB207-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

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

LC 2454

                         Senate Bill 207

Sponsored by Senator BATES (Presession filed.)

                             SUMMARY

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

  Requires Oregon Patient Safety Commission to establish system
for patients to report to commission serious adverse events
occurring in hospitals.

                        A BILL FOR AN ACT
Relating to patient safety; amending ORS 442.819 and 442.820.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 442.820 is amended to read:
  442.820. (1) The Oregon Patient Safety Commission is
established as a semi-independent state agency subject to ORS
182.456 to 182.472. The commission shall exercise and carry out
all powers, rights and privileges that are expressly conferred
upon it, are implied by law or are incident to such powers.
  (2) The mission of the commission is to improve patient safety
by reducing the risk of serious adverse events occurring in
Oregon's health care system and by encouraging a culture of
patient safety in Oregon. To accomplish this mission, the
commission shall:
  (a) Establish a confidential, voluntary serious adverse event
reporting system to identify serious adverse events;
   { +  (b) Establish a system for a patient or a person acting
on behalf of a patient to report, through a toll-free telephone
hotline or through the commission's website, a serious adverse
event occurring in a hospital, and for the commission to
investigate, compile and utilize information from the report; + }
    { - (b) - }  { +  (c) + } Establish quality improvement
techniques to reduce systems' errors contributing to serious
adverse events; and
    { - (c) - }  { +  (d) + } Disseminate evidence-based
prevention practices to improve patient outcomes.
  (3) ORS 192.410 to 192.505 do not apply to public records
created or maintained by the commission that contain patient
safety data or to reports obtained by the program.
  (4) ORS 192.610 to 192.690 do not apply to portions of a
meeting of the Oregon Patient Safety Commission Board of
Directors, or subcommittees or advisory committees established by
the board, to consider information that identifies a participant
or patient and the written minutes of that portion of the
meeting.
  (5) Notwithstanding ORS 182.460, ORS 293.250 applies to the
commission for the purpose of collecting unpaid fees established
under ORS 442.850 that are owed to the commission and are past
due.
  SECTION 2. ORS 442.819 is amended to read:
  442.819. As used in ORS 442.819 to 442.851:
  (1) 'Participant' means an entity that reports patient safety
data to the Oregon Patient Safety Reporting Program, and any
agent, employee, consultant, representative, volunteer or medical
staff member of the entity.
  (2) 'Patient safety activities' includes but is not limited to:
  (a) The collection and analysis of patient safety data by a
participant;
  (b) The collection and analysis of patient safety data by the
Oregon Patient Safety Commission established in ORS 442.820;
  (c) The utilization of patient safety data by participants;
  (d) The utilization of patient safety data by the Oregon
Patient Safety Commission to improve the quality of care with
respect to patient safety and to provide assistance to health
care providers to minimize patient risk; and
  (e) Oral and written communication regarding patient safety
data among two or more participants with the intent of making a
disclosure to or preparing a report to be submitted to the
patient safety reporting program.
  (3) 'Patient safety data' means oral communication or written
reports, data, records, memoranda, analyses, deliberative work,
statements, root cause analyses or action plans that are
collected or developed to improve patient safety or health care
quality that:
  (a) Are prepared by a participant for the purpose of reporting
patient safety data voluntarily to the patient safety reporting
program, or that are communicated among two or more participants
with the intent of making a disclosure to or preparing a report
to be submitted to the patient safety reporting program;
  (b) Are collected or prepared by a patient safety organization
certified by the United States Department of Health and Human
Services under 42 U.S.C. 299b-24;   { - or - }
  (c) Are created by or at the direction of the patient safety
reporting program, including communication, reports, notes or
records created in the course of an investigation undertaken at
the direction of the Oregon Patient Safety Commission { + ; or
  (d) Are reported by or on behalf of patients through the
toll-free telephone hotline established under ORS 442.820 or
through the commission's website + }.
  (4) 'Patient safety reporting program' means the Oregon Patient
Safety Reporting Program created in ORS 442.837.
  (5) 'Serious adverse event' means an objective and definable
negative consequence of patient care, or the risk thereof, that
is unanticipated, usually preventable and results in, or presents
a significant risk of, patient death or serious physical injury.
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