Bill Text: OR SB483 | 2013 | Regular Session | Enrolled
Bill Title: Relating to resolution of matters related to health care; and declaring an emergency.
Sponsorship: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2013-03-25 - Effective date, March 18, 2013. [SB483 Detail]
Download: Oregon-2013-SB483-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 483
Sponsored by Senators KRUSE, PROZANSKI, Representatives GARRETT,
CONGER; Senators BATES, STEINER HAYWARD
CHAPTER ................
AN ACT
Relating to resolution of matters related to health care;
creating new provisions; amending ORS 30.278, 31.250 and
743.056; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
RESOLUTION OF ADVERSE HEALTH CARE INCIDENTS + }
SECTION 1. { + Definitions. As used in sections 1 to 10 of
this 2013 Act:
(1) 'Adverse health care incident' means an objective,
definable and unanticipated consequence of patient care that is
usually preventable and results in the death of or serious
physical injury to the patient.
(2) 'Health care facility' has the meaning given that term in
ORS 442.015.
(3) 'Health care provider' means a person practicing within the
scope of the person's license, registration or certification to
practice 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 physician under ORS 677.100 to 677.228;
(d) An emergency medical services provider under ORS chapter
682;
(e) A podiatric physician and surgeon under ORS 677.820 to
677.840;
(f) A registered nurse under ORS 678.010 to 678.410;
(g) A dentist under ORS 679.060 to 679.180;
(h) A dental hygienist under ORS 680.040 to 680.100;
(i) A denturist under ORS 680.515 to 680.535;
(j) An audiologist or speech-language pathologist under ORS
681.250 to 681.350;
(k) An optometrist under ORS 683.040 to 683.155 and 683.170 to
683.220;
(L) A chiropractor under ORS 684.040 to 684.105;
(m) A naturopath under ORS 685.060 to 685.110, 685.125 and
685.135;
(n) A massage therapist under ORS 687.011 to 687.250;
(o) A direct entry midwife under ORS 687.405 to 687.495;
(p) A physical therapist under ORS 688.040 to 688.145;
Enrolled Senate Bill 483 (SB 483-A) Page 1
(q) A medical imaging licensee under ORS 688.445 to 688.525;
(r) A pharmacist under ORS 689.151 and 689.225 to 689.285;
(s) A physician assistant under ORS 677.505 to 677.525; or
(t) A professional counselor or marriage and family therapist
under ORS 675.715 to 675.835.
(4) 'Patient' means the patient or, if the patient is a minor,
is deceased or has been medically confirmed by the patient's
treating physician to be incapable of making decisions for
purposes of sections 1 to 10 of this 2013 Act, the patient's
representative as provided in section 8 of this 2013 Act. + }
SECTION 2. { + Notice of adverse health care incident. (1)(a)
When an adverse health care incident occurs in a health care
facility or a location operated by a health care facility, the
health care facility may file a notice of adverse health care
incident with the Oregon Patient Safety Commission in the form
and manner provided by the commission by rule.
(b) If a health care facility files a notice of adverse health
care incident under this subsection, the health care facility
shall provide a copy of the notice to the patient.
(c) A notice filed under this subsection may not include the
name of a health care provider, but the health care facility
filing the notice shall notify any health care providers involved
in the adverse health care incident of the notice.
(2)(a) When an adverse health care incident occurs outside of a
health care facility or a location operated by a health care
facility, the health care provider treating the patient or the
employer of the health care provider may file a notice of adverse
health care incident with the commission in the form and manner
provided by the commission by rule.
(b) If a health care provider or employer files a notice of
adverse health care incident under this subsection, the health
care provider or employer shall provide a copy of the notice to
the patient.
(c) If an employer files the notice under this subsection, the
notice may not include the name of the health care provider, but
the employer shall notify each health care provider involved in
the adverse health care incident of the notice.
(3) A patient may file a notice of adverse health care incident
with the commission in the form and manner provided by the
commission by rule. When the commission receives a notice of
adverse health care incident from a patient under this
subsection, the commission shall notify all health care
facilities and health care providers named in the notice within
seven days after receiving the notice.
(4) A notice of adverse health care incident filed under this
section is not:
(a) A written claim or demand for payment.
(b) A claim for purposes of ORS 742.400.
(5) The filing of a notice of adverse health care incident as
provided in this section satisfies the notice requirements of ORS
30.275.
(6) An inmate as defined in ORS 30.642 may not file a notice of
adverse health care incident under this section. + }
SECTION 3. { + Discussion of adverse health care incident.
(1) A health care facility or health care provider who files or
is named in a notice of adverse health care incident filed under
section 2 of this 2013 Act and the patient involved in the
incident may engage in a discussion regarding the incident within
the time established by the Oregon Patient Safety Commission by
rule.
Enrolled Senate Bill 483 (SB 483-A) Page 2
(2) The health care facility or health care provider who files
or is named in the notice shall notify the patient and all health
care facilities and health care providers involved in the adverse
health care incident of the date, time and location of the
discussion and shall reasonably accommodate all persons that wish
to attend.
(3) The patient and the health care facility or health care
provider who files or is named in the notice may include other
persons in the discussion.
(4) Within the time established by the commission by rule, the
health care facility or health care provider who files or is
named in the notice may:
(a) Communicate to the patient the steps the health care
facility or health care provider will take to prevent future
occurrences of the adverse health care incident; and
(b)(A) Determine that no offer of compensation for the adverse
health care incident is warranted and communicate that
determination to the patient orally or in writing; or
(B) Determine that an offer of compensation for the adverse
health care incident is warranted and extend that offer in
writing to the patient.
(5) If a health care facility or health care provider makes an
offer of compensation under subsection (4) of this section, the
facility or provider shall advise the patient of the patient's
right to seek legal advice before accepting the offer.
(6) Except for offers of compensation extended under subsection
(4) of this section, discussions between the health care facility
or health care provider and the patient about the amount of
compensation offered under subsection (4) of this section must
remain oral.
(7) The health care facility or health care provider and the
patient may agree to extend the time limit established by rule of
the commission under this section, but a time limit may not be
extended to more than 180 days after the notice of adverse health
care incident is filed under section 2 of this 2013 Act unless
the health care facility or health care provider and the patient
also agree to extend the statute of limitations applicable to a
negligence claim.
(8) If the patient accepts an offer of compensation made under
subsection (4) of this section, the health care facility or
health care provider who made the offer shall notify the
commission.
(9) The commission shall request a report indicating the status
of the matter from the person that filed the notice of adverse
health care incident under section 2 of this 2013 Act within 180
days after the date the notice was filed. If the matter is not
resolved 180 days after the notice was filed, the commission may
request additional reports from the person that filed the notice
as necessary. + }
SECTION 4. { + Discussion communications. (1) As used in this
section, 'discussion communication' means:
(a) All communications, written and oral, that are made in the
course of a discussion under section 3 of this 2013 Act; and
(b) All memoranda, work products, documents and other materials
that are prepared for or submitted in the course of or in
connection with a discussion under section 3 of this 2013 Act.
(2) Discussion communications and offers of compensation made
under section 3 of this 2013 Act:
(a) Do not constitute an admission of liability.
(b) Are confidential and may not be disclosed.
Enrolled Senate Bill 483 (SB 483-A) Page 3
(c) Except as provided in subsection (3) of this section, are
not admissible as evidence in any subsequent adjudicatory
proceeding and may not be disclosed by the parties in any
subsequent adjudicatory proceeding.
(3)(a) A party may move the court or other decision maker to
admit as evidence in a subsequent adjudicatory proceeding a
discussion communication that contradicts a statement made during
the subsequent adjudicatory proceeding. The court or other
decision maker shall allow a discussion communication that
contradicts a statement made at a subsequent adjudicatory
proceeding into evidence only if the discussion communication is
material to the claims presented in the subsequent adjudicatory
proceeding.
(b) A party may not move to admit expressions of regret or
apology that are inadmissible under ORS 677.082.
(4) Communications, memoranda, work products, documents and
other materials, otherwise subject to discovery, that were not
prepared specifically for use in a discussion under section 3 of
this 2013 Act, are not confidential.
(5) Any communication, memorandum, work product or document
that, before its use in a discussion under section 3 of this 2013
Act, was a public record as defined in ORS 192.410 remains
subject to disclosure to the extent provided by ORS 192.410 to
192.505.
(6) The limitations on admissibility and disclosure in
subsequent adjudicatory proceedings imposed by this section apply
to any subsequent judicial proceeding, administrative proceeding
or arbitration proceeding. The limitations on disclosure imposed
by this section include disclosure during any discovery conducted
as part of a subsequent adjudicatory proceeding, and a person
that is prohibited from disclosing information under the
provisions of this section may not be compelled to reveal
confidential communications or agreements in any discovery
conducted as part of a subsequent adjudicatory proceeding. + }
SECTION 5. { + Mediation. (1) If a discussion under section 3
of this 2013 Act does not result in the resolution of an adverse
health care incident, the patient and the health care facility or
health care provider who files or is named in a notice of adverse
health care incident filed under section 2 of this 2013 Act may
enter into mediation.
(2) The Oregon Patient Safety Commission shall develop and
maintain a panel of qualified individuals to serve as mediators.
The parties, by mutual agreement, may choose any mediator from
within or outside the panel.
(3) The parties shall bear the cost of mediation equally unless
otherwise mutually agreed.
(4) Other persons that may participate in the mediation
include, but are not limited to:
(a) Members of the patient's family, at the discretion of the
patient;
(b) Attorneys for the patient, the health care facility and the
health care provider;
(c) Professional liability insurance carriers;
(d) Risk management personnel; and
(e) Any lien holder with an interest in the dispute.
(5) If a health care facility or health care provider makes an
offer of compensation as part of a mediation under this section,
the facility or provider shall advise the patient of the
patient's right to seek legal advice before accepting the offer.
Enrolled Senate Bill 483 (SB 483-A) Page 4
(6) Mediation under this section is subject to ORS 36.210,
36.220, 36.222, 36.224, 36.226, 36.232, 36.234, 36.236 and
36.238. + }
SECTION 6. { + Payment and resolution. (1) A payment made to
a patient under section 3 of this 2013 Act or as a result of a
mediation under section 5 of this 2013 Act is not a payment
resulting from a written claim or demand for payment.
(2) A health care provider or health care facility may require
the patient to execute all documents and obtain any necessary
court approval to resolve an adverse health care incident. The
parties shall negotiate the form of such documents or court
approval as necessary. + }
SECTION 7. { + Statute of limitations; evidence of offers and
payments. (1) The provisions of sections 3 and 5 of this 2013 Act
relating to discussion and mediation do not prevent a patient
from bringing a civil action for negligence unless the patient
signed a release of the claim.
(2) The statute of limitations applicable to a negligence claim
is tolled for 180 days, or another period agreed upon by the
patient and the health care facility or health care provider who
files or is named in the notice of adverse health care incident
filed under section 2 of this 2013 Act, from the date the notice
is filed.
(3) If a civil action based on an adverse health care incident
is commenced, the court shall inform the parties of the
opportunity to participate in the notice, discussion and
mediation process under sections 2, 3 and 5 of this 2013 Act.
(4) Except as provided in section 4 of this 2013 Act, evidence
that a party participated or did not participate in the notice,
discussion and mediation process under sections 2, 3 and 5 of
this 2013 Act is inadmissible in any adjudicatory proceeding.
(5) Evidence of an offer of compensation, and the amount,
payment or acceptance of any compensation, under section 3 or 5
of this 2013 Act is inadmissible in any adjudicatory proceeding.
However, any judgment in favor of the patient must be reduced by
the amount of any compensation paid under sections 3 and 5 of
this 2013 Act. + }
SECTION 8. { + Patient representatives. (1) A patient who is
a minor, is deceased or has been medically confirmed by the
patient's treating physician to be incapable of making decisions
for purposes of sections 1 to 10 of this 2013 Act may be
represented for purposes of sections 1 to 10 of this 2013 Act by
the first of the persons, in the following order of priority, who
can be located upon reasonable effort by the health care facility
or health care provider and who is willing to serve as the
patient's representative:
(a) A guardian of the patient who is authorized to make health
care decisions for the patient.
(b) The spouse of the patient.
(c) A parent of the patient.
(d) A majority of the adult children of the patient who can be
located.
(e) A majority of the adult siblings of the patient who can be
located.
(f) An adult friend of the patient.
(g) A person, other than a health care provider who files or is
named in a notice of adverse health care incident under section 2
of this 2013 Act, appointed by a hospital under ORS 127.760.
(2) The conservator of the patient appointed under ORS chapter
125 may serve as a patient's representative with the patient's
Enrolled Senate Bill 483 (SB 483-A) Page 5
representative designated under subsection (1) of this section if
the conservator's representation is necessary to consider an
offer of compensation under section 3 or 5 of this 2013 Act. + }
SECTION 9. { + Duties of Oregon Patient Safety Commission. (1)
The Oregon Patient Safety Commission shall make rules
establishing requirements and procedures as necessary to
implement sections 1 to 10 of this 2013 Act, including, but not
limited to:
(a) Procedures for filing a notice of adverse health care
incident under section 2 of this 2013 Act and for conducting
discussions and mediations under sections 3 and 5 of this 2013
Act.
(b) The form of the notice of adverse health care incident
under section 2 of this 2013 Act.
(2) The commission shall use notices of adverse health care
incidents filed under section 2 of this 2013 Act to:
(a) Establish quality improvement techniques to reduce patient
care errors that contribute to adverse health care incidents.
(b) Develop evidence-based prevention practices to improve
patient outcomes and disseminate information about those
practices.
(c) Upon the request of a health care facility or health care
provider, assist the facility or provider in reducing the
frequency of a particular adverse health care incident,
including, but not limited to, determining the underlying cause
of the incident and providing advice regarding preventing
reoccurrence of the incident. + }
SECTION 10. { + Use of information by Oregon Patient Safety
Commission. (1) The Oregon Patient Safety Commission may
disseminate information relating to a notice of adverse health
care incident filed under section 2 of this 2013 Act to the
public and to health care providers and health care facilities
not involved in the adverse health care incident as necessary to
meet the goals described in section 9 of this 2013 Act.
Information disclosed under this subsection may not identify a
health care facility, health care provider or patient involved in
the adverse health care incident.
(2) The commission may not disclose any information provided
pursuant to a discussion under section 3 of this 2013 Act to a
regulatory agency or licensing board.
(3) The commission may use and disclose information provided
pursuant to a discussion under section 3 of this 2013 Act as
necessary to assist a health care facility or health care
provider involved in an adverse health care incident in
determining the cause of and potential mitigation of the
incident. If the commission discloses information under this
subsection to a person not involved in the incident, the
information may not identify a health care facility, health care
provider or patient involved in the incident.
(4) A regulatory agency, licensing board, health care facility,
health insurer or credentialing entity may not ask the
commission, a health care facility, a health care provider or
other person whether a facility or provider has filed a notice of
adverse health care incident or use the fact that a notice of
adverse health care incident was filed as the basis of
disciplinary, regulatory, licensure or credentialing action. This
subsection does not prevent a person from using information, if
the information is otherwise available, to engage in quality
review of patient care or as the basis of imposing a restriction,
limitation, loss or denial of privileges on a health care
Enrolled Senate Bill 483 (SB 483-A) Page 6
provider or other action against a health care provider based on
a finding of medical incompetence, unprofessional conduct,
physical incapacity or impairment. + }
SECTION 11. ORS 30.278 is amended to read:
30.278. { + (1) + } When notice is received under ORS 30.275
of a claim of professional negligence against a physician,
optometrist, dentist, dental hygienist or naturopath who is
acting within the scope of employment by a public body or within
the scope of duties as defined by ORS 30.267, the person
receiving the notice shall report to the appropriate licensing
board, in the same manner as required by ORS 742.400, the
information required by ORS 742.400 to be reported by insurers or
self-insured associations.
{ + (2) This section does not apply to a notice of adverse
health care incident received under section 2 of this 2013
Act. + }
SECTION 12. ORS 30.278, as amended by section 11 of this 2013
Act, is amended to read:
30.278. { - (1) - } When notice is received under ORS 30.275
of a claim of professional negligence against a physician,
optometrist, dentist, dental hygienist or naturopath who is
acting within the scope of employment by a public body or within
the scope of duties as defined by ORS 30.267, the person
receiving the notice shall report to the appropriate licensing
board, in the same manner as required by ORS 742.400, the
information required by ORS 742.400 to be reported by insurers or
self-insured associations.
{ - (2) This section does not apply to a notice of adverse
health care incident received under section 2 of this 2013
Act. - }
SECTION 13. ORS 31.250 is amended to read:
31.250. (1) In any action described in subsection { - (5) - }
{ + (6) + } of this section, all parties to the action and their
attorneys must participate in some form of dispute resolution
within 270 days after the action is filed unless:
(a) The action is settled or otherwise resolved within 270 days
after the action is filed; or
(b) All parties to the action agree in writing to waive dispute
resolution under this section.
(2) Dispute resolution under this section may consist of
arbitration, mediation or a judicial settlement conference.
(3) Within 270 days after filing an action described in
subsection { - (5) - } { + (6) + } of this section, the
parties or their attorneys must file a certificate indicating
that the parties and attorneys have complied with the
requirements of this section.
(4) The court may impose appropriate sanctions against any
party or attorney who:
(a) Fails to attend an arbitration hearing, mediation session
or judicial settlement conference conducted for the purposes of
the requirements of this section;
(b) Fails to act in good faith in any arbitration, mediation or
judicial settlement conference conducted for the purposes of the
requirements of this section;
(c) Fails to timely submit any documents required for an
arbitration, mediation or judicial settlement conference
conducted for the purposes of the requirements of this section;
or
(d) Fails to have a person with authority to approve a
resolution of the action available at the time of any arbitration
Enrolled Senate Bill 483 (SB 483-A) Page 7
hearing, mediation session or judicial settlement conference
conducted for the purposes of the requirements of this section,
unless the party or attorney receives from the court, before the
hearing, session or conference commences, an exemption from the
requirements of this paragraph.
{ + (5) This section does not apply to parties to an action
described in subsection (6) of this section that have
participated in a discussion and mediation under sections 3 and 5
of this 2013 Act. + }
{ - (5) - } { + (6) + } The provisions of this section
apply to any action in which a claim for damages is made against
a health practitioner, as described in ORS 31.740, or against a
health care facility, as defined in ORS 442.015, based on
negligence, unauthorized rendering of health care or product
liability under ORS 30.900 to 30.920.
SECTION 14. ORS 31.250, as amended by section 13 of this 2013
Act, is amended to read:
31.250. (1) In any action described in subsection { - (6) - }
{ + (5) + } of this section, all parties to the action and their
attorneys must participate in some form of dispute resolution
within 270 days after the action is filed unless:
(a) The action is settled or otherwise resolved within 270 days
after the action is filed; or
(b) All parties to the action agree in writing to waive dispute
resolution under this section.
(2) Dispute resolution under this section may consist of
arbitration, mediation or a judicial settlement conference.
(3) Within 270 days after filing an action described in
subsection { - (6) - } { + (5) + } of this section, the
parties or their attorneys must file a certificate indicating
that the parties and attorneys have complied with the
requirements of this section.
(4) The court may impose appropriate sanctions against any
party or attorney who:
(a) Fails to attend an arbitration hearing, mediation session
or judicial settlement conference conducted for the purposes of
the requirements of this section;
(b) Fails to act in good faith in any arbitration, mediation or
judicial settlement conference conducted for the purposes of the
requirements of this section;
(c) Fails to timely submit any documents required for an
arbitration, mediation or judicial settlement conference
conducted for the purposes of the requirements of this section;
or
(d) Fails to have a person with authority to approve a
resolution of the action available at the time of any arbitration
hearing, mediation session or judicial settlement conference
conducted for the purposes of the requirements of this section,
unless the party or attorney receives from the court, before the
hearing, session or conference commences, an exemption from the
requirements of this paragraph.
{ - (5) This section does not apply to parties to an action
described in subsection (6) of this section that have
participated in a discussion and mediation under sections 3 and 5
of this 2013 Act. - }
{ - (6) - } { + (5) + } The provisions of this section
apply to any action in which a claim for damages is made against
a health practitioner, as described in ORS 31.740, or against a
health care facility, as defined in ORS 442.015, based on
Enrolled Senate Bill 483 (SB 483-A) Page 8
negligence, unauthorized rendering of health care or product
liability under ORS 30.900 to 30.920.
SECTION 15. ORS 743.056 is amended to read:
743.056. (1) As used in this section:
(a) 'Adverse event' means a negative consequence of patient
care that is unanticipated, is usually preventable and results in
or presents a significant risk of patient injury.
(b) 'Claim' means a written demand for restitution for an
injury alleged to have been caused by the medical negligence of a
health practitioner or licensed health care facility.
(c) 'Health practitioner' means a person described in ORS
31.740 (1).
(d) 'Patient's family' includes:
(A) A parent, sibling or child by marriage, blood, adoption or
domestic partnership.
(B) A foster parent or foster child.
(2) An insurer may not decline or refuse to defend or indemnify
a health practitioner or a health care facility with respect to a
claim, for any reason that is based on { + :
(a) + } The disclosure to the patient or the patient's family
by the health practitioner or facility of an adverse event or
information relating to the cause of an adverse event { + ;
(b) A notice of adverse health care incident filed under
section 2 of this 2013 Act; or
(c) Participation in a discussion or mediation under section 3
or 5 of this 2013 Act + }.
(3) A policy or contract of insurance or indemnity may not
include a provision or term excluding or limiting coverage based
on { + :
(a) + } The disclosure to a patient or the patient's family by
a health practitioner or facility of an adverse event or
information relating to the cause of an adverse event { + ;
(b) A notice of adverse health care incident filed under
section 2 of this 2013 Act; or
(c) Participation in a discussion or mediation under section 3
or 5 of this 2013 Act + }.
{ + (4) An insurer may establish requirements and policy
provisions for coverage of payments of compensation made under
section 3 of this 2013 Act or as a result of a mediation under
section 5 of this 2013 Act. Requirements and policy provisions
established under this subsection may not be intended to or have
the effect of preventing meaningful participation in discussions
and mediations under sections 3 and 5 of this 2013 Act.
(5) An insurer may not provide or be required to provide
information related to an adverse health care incident as defined
in section 1 of this 2013 Act for credentialing purposes. + }
SECTION 16. ORS 743.056, as amended by section 15 of this 2013
Act, is amended to read:
743.056. (1) As used in this section:
(a) 'Adverse event' means a negative consequence of patient
care that is unanticipated, is usually preventable and results in
or presents a significant risk of patient injury.
(b) 'Claim' means a written demand for restitution for an
injury alleged to have been caused by the medical negligence of a
health practitioner or licensed health care facility.
(c) 'Health practitioner' means a person described in ORS
31.740 (1).
(d) 'Patient's family' includes:
(A) A parent, sibling or child by marriage, blood, adoption or
domestic partnership.
Enrolled Senate Bill 483 (SB 483-A) Page 9
(B) A foster parent or foster child.
(2) An insurer may not decline or refuse to defend or indemnify
a health practitioner or a health care facility with respect to a
claim, for any reason that is based on { - : - }
{ - (a) - } the disclosure to the patient or the patient's
family by the health practitioner or facility of an adverse event
or information relating to the cause of an adverse event
{ - ; - }
{ - (b) A notice of adverse health care incident filed under
section 2 of this 2013 Act; or - }
{ - (c) Participation in a discussion or mediation under
section 3 or 5 of this 2013 Act - } .
(3) A policy or contract of insurance or indemnity may not
include a provision or term excluding or limiting coverage based
on { - : - }
{ - (a) - } the disclosure to a patient or the patient's
family by a health practitioner or facility of an adverse event
or information relating to the cause of an adverse event
{ - ; - }
{ - (b) A notice of adverse health care incident filed under
section 2 of this 2013 Act; or - }
{ - (c) Participation in a discussion or mediation under
section 3 or 5 of this 2013 Act - } .
{ - (4) An insurer may establish requirements for coverage of
payments of compensation made under section 3 of this 2013 Act or
as a result of a mediation under section 5 of this 2013 Act.
Requirements established under this subsection may not be
intended to or have the effect of preventing meaningful
participation in discussions and mediations under sections 3 and
5 of this 2013 Act. - }
{ - (5) An insurer may not provide or be required to provide
information related to an adverse health care incident as defined
in section 1 of this 2013 Act for credentialing purposes. - }
{ +
TASK FORCE ON RESOLUTION OF ADVERSE + }
{ +
HEALTH CARE INCIDENTS + }
SECTION 17. { + (1) The Task Force on Resolution of Adverse
Health Care Incidents is established, consisting of 14 members
appointed as follows:
(a) The President of the Senate shall appoint two members from
among members of the Senate as follows:
(A) One member from the Democratic party.
(B) One member from the Republican party.
(b) The Speaker of the House of Representatives shall appoint
two members from among members of the House of Representatives as
follows:
(A) One member from the Democratic party.
(B) One member from the Republican party.
(c) The Governor shall appoint 10 members, including:
(A) At least three members who are physicians licensed under
ORS chapter 677 and in active practice;
(B) At least three members who are trial lawyers;
(C) One member who is a representative of the hospital
industry; and
(D) One member who is an advocate for patient safety.
(2) The task force shall:
Enrolled Senate Bill 483 (SB 483-A) Page 10
(a) Evaluate the implementation and effects of sections 1 to 10
of this 2013 Act; and
(b) Before December 31 of each year, report to an appropriate
committee or interim committee of the Legislative Assembly on the
implementation and effects of sections 1 to 10 of this 2013 Act.
(3) The task force may recommend legislation to be introduced
to improve the resolution of adverse health care incidents.
(4) A majority of the voting members of the task force
constitutes a quorum for the transaction of business.
(5) Official action by the task force requires the approval of
a majority of the voting members of the task force.
(6) The Governor shall select one member of the task force to
serve as chairperson and another to serve as vice chairperson,
for the terms and with the duties and powers necessary for the
performance of the functions of such offices as the Governor
determines.
(7) The term of a member of the task force is four years, but a
member serves at the pleasure of the appointing authority. A
member may be reappointed. Before the expiration of the term of a
member, the appointing authority shall appoint a successor or
reappoint the member. If there is a vacancy for any cause, the
appointing authority shall make an appointment to become
immediately effective.
(8) Members of the Legislative Assembly appointed to the task
force are nonvoting members of the task force and may act in an
advisory capacity only.
(9) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the voting
members of the task force.
(10) The task force may adopt rules necessary for the operation
of the task force.
(11) The Oregon Patient Safety Commission shall provide staff
support to the task force.
(12) Members of the task force who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses incurred in performing functions of the task force shall
be paid out of funds appropriated to the commission for purposes
of the task force.
(13) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + }
SECTION 18. { + On or before October 1, 2018, the Task Force
on Resolution of Adverse Health Care Incidents shall report to an
appropriate committee or interim committee of the Legislative
Assembly. The report must evaluate whether any improvements to
the process are necessary. + }
SECTION 19. { + Notwithstanding the terms of office specified
in section 17 of this 2013 Act, of the members first appointed by
the Governor to the Task Force on Resolution of Adverse Health
Care Incidents:
(1) Three shall serve for a term ending June 30, 2014.
(2) Four shall serve for a term ending June 30, 2015.
(3) Three shall serve for a term ending June 30, 2016. + }
Enrolled Senate Bill 483 (SB 483-A) Page 11
{ +
SUNSETS AND OPERATIVE DATES + }
SECTION 20. { + Sections 1 to 10 and 17 to 19 of this 2013 Act
are repealed on December 31, 2023. + }
SECTION 21. { + (1) Sections 1 to 10 of this 2013 Act and the
amendments to ORS 30.278, 31.250 and 743.056 by sections 11, 13
and 15 of this 2013 Act become operative on July 1, 2014.
(2) The Oregon Patient Safety Commission may take any action
before the operative date specified in subsection (1) of this
section to enable the commission to exercise, on and after the
effective date specified in subsection (1) of this section, all
the duties, functions and powers conferred on the commission by
sections 1 to 10 of this 2013 Act. + }
SECTION 22. { + The amendments to ORS 30.278, 31.250 and
743.056 by sections 12, 14 and 16 of this 2013 Act become
operative on December 31, 2023. + }
{ +
APPLICABILITY + }
SECTION 23. { + Sections 1 to 10 of this 2013 Act and the
amendments to ORS 30.278, 31.250 and 743.056 by sections 11, 13
and 15 of this 2013 Act apply only to adverse health care
incidents that occur on or after the operative date specified in
section 21 of this 2013 Act. + }
{ +
CAPTIONS + }
SECTION 24. { + The unit and section 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 25. { + 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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Enrolled Senate Bill 483 (SB 483-A) Page 12
Passed by Senate March 5, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House March 12, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 483 (SB 483-A) Page 13
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 483 (SB 483-A) Page 14
