Bill Text: OR SB233 | 2011 | Regular Session | Introduced
Bill Title: Relating to hospital privileges.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB233 Detail]
Download: Oregon-2011-SB233-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 2322
Senate Bill 233
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 Senate Interim Committee on
Health Care)
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 hospital that is affiliated with health system to use
same procedures with respect to privileges that are used for
physicians who are not affiliated with health system as are used
for physicians who are affiliated with health system.
A BILL FOR AN ACT
Relating to hospital privileges; amending ORS 441.055.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 441.055 is amended to read:
441.055. (1) The governing body of each health care facility
shall be responsible for the operation of the facility, the
selection of the medical staff and the quality of care rendered
in the facility. The governing body shall:
(a) Ensure that all health care personnel for whom state
licenses, registrations or certificates are required are
currently licensed, registered or certified;
(b) Ensure that physicians admitted to practice in the facility
are granted privileges consistent with their individual training,
experience and other qualifications;
(c) Ensure that procedures for granting, restricting and
terminating privileges exist and that such procedures are
regularly reviewed to ensure their conformity to applicable law;
(d) Ensure that physicians admitted to practice in the facility
are organized into a medical staff in such a manner as to
effectively review the professional practices of the facility for
the purposes of reducing morbidity and mortality and for the
improvement of patient care; { - and - }
(e) Ensure that a physician is not denied medical staff
membership or privileges at the facility solely on the basis that
the physician holds medical staff membership or privileges at
another health care facility { - . - } { + ; and
(f) If a hospital is affiliated with a health system, use the
same procedures for granting, restricting and terminating
privileges for physicians who are not affiliated with the health
system as the procedures that are used for physicians who are
affiliated with the health system. + }
(2) The physicians organized into a medical staff pursuant to
subsection (1) of this section shall propose medical staff bylaws
to govern the medical staff. The bylaws shall include, but not be
limited to the following:
(a) Procedures for physicians admitted to practice in the
facility to organize into a medical staff pursuant to subsection
(1) of this section;
(b) Procedures for ensuring that physicians admitted to
practice in the facility are granted privileges consistent with
their individual training, experience and other qualifications;
(c) Provisions establishing a framework for the medical staff
to nominate, elect, appoint or remove officers and other persons
to carry out medical staff activities with accountability to the
governing body;
(d) Procedures for ensuring that physicians admitted to
practice in the facility are currently licensed by the Oregon
Medical Board;
(e) Procedures for ensuring that the facility's procedures for
granting, restricting and terminating privileges are followed and
that such procedures are regularly reviewed to assure their
conformity to applicable law; and
(f) Procedures for ensuring that physicians provide services
within the scope of the privileges granted by the governing body.
(3) Amendments to medical staff bylaws shall be accomplished
through a cooperative process involving both the medical staff
and the governing body. Medical staff bylaws shall be adopted,
repealed or amended when approved by the medical staff and the
governing body. Approval shall not be unreasonably withheld by
either. Neither the medical staff nor the governing body shall
withhold approval if such repeal, amendment or adoption is
mandated by law, statute or regulation or is necessary to obtain
or maintain accreditation or to comply with fiduciary
responsibilities or if the failure to approve would subvert the
stated moral or ethical purposes of the institution.
(4) The Oregon Medical Board may appoint one or more physicians
to conduct peer review for a health care facility upon request of
such review by all of the following:
(a) The physician whose practice is being reviewed.
(b) The executive committee of the health care facility's
medical staff.
(c) The governing body of the health care facility.
(5) The physicians appointed pursuant to subsection (4) of this
section shall be deemed agents of the Oregon Medical Board,
subject to the provisions of ORS 30.310 to 30.400 and shall
conduct peer review. Peer review shall be conducted pursuant to
the bylaws of the requesting health care facility.
(6) Any person serving on or communicating information to a
peer review committee shall not be subject to an action for
damages for action or communications or statements made in good
faith.
(7) All findings and conclusions, interviews, reports, studies,
communications and statements procured by or furnished to the
peer review committee in connection with a peer review are
confidential pursuant to ORS 192.501 to 192.505 and 192.690 and
all data is privileged pursuant to ORS 41.675.
(8) Notwithstanding subsection (7) of this section, a written
report of the findings and conclusions of the peer review shall
be provided to the governing body of the health care facility who
shall abide by the privileged and confidential provisions set
forth in subsection (7) of this section.
(9) Procedures for peer review established by subsections (4)
to (8) of this section are exempt from ORS chapter 183.
(10) The Oregon Health Authority shall adopt by rule standards
for rural hospitals, as defined in ORS 442.470, that specifically
address the provision of care to postpartum and newborn patients
so long as patient care is not adversely affected.
(11) For purposes of this section, 'physician' has the meaning
given the term in ORS 677.010.
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