Bill Text: OR SB490 | 2013 | Regular Session | Engrossed

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Bill Title: Relating to disclosure of health services; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB490 Detail]

Download: Oregon-2013-SB490-Engrossed.html

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     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 2406

                           A-Engrossed

                         Senate Bill 490
                 Ordered by the Senate April 15
           Including Senate Amendments dated April 15

Sponsored by COMMITTEE ON HEALTH CARE AND HUMAN SERVICES

                             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.

  Requires entity advertising and providing specified health
services to provide notices and disclosures about nature of
services. Prohibits entity from disclosing health information
about patron receiving services without written consent of
patron. Requires entity to provide health information to patron
upon request.
  Imposes civil penalties for violations.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to disclosure of health services; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Health information' means written information described in
ORS 192.556.
  (b) 'Medical services' includes, but is not limited to,
prenatal sonography, pregnancy tests and pregnancy options
counseling.
  (c) 'Naturopath' means a naturopathic physician licensed under
ORS chapter 685.
  (d) 'Nurse midwife' means a licensed registered nurse who is
certified by the Oregon State Board of Nursing as a nurse midwife
nurse practitioner.
  (e) 'Nurse practitioner' means a nurse practitioner certified
under ORS 678.375.
  (f) 'Physician' means a physician licensed under ORS chapter
677.
  (g) 'Physician assistant' means a physician assistant licensed
under ORS 677.505 to 677.525.
  (h) 'Registered nurse' means a registered nurse licensed under
ORS 678.050.
  (2)(a) This section applies to an entity if the primary purpose
of the entity is to provide pregnancy-related services and the
entity advertises or solicits patrons with offers to provide
prenatal sonography, pregnancy tests or pregnancy options
counseling.

  (b) This section does not apply to an entity if, at all of the
entity's sites that are open to the public, the entity:
  (A) Employs one or more of the following practitioners:
  (i) Physician;
  (ii) Naturopath;
  (iii) Nurse practitioner;
  (iv) Physician assistant;
  (v) Registered nurse; or
  (vi) Nurse midwife; and
  (B) Has one or more of the practitioners listed in subparagraph
(A) of this paragraph on-site whenever medical services or
treatment is provided.
  (3) An entity shall provide written notice of whether or not
the entity provides each of the following:
  (a) Contraceptive drugs or devices that are approved by the
United States Food and Drug Administration;
  (b) An on-site consultation with a practitioner listed in
subsection (2)(b)(A) of this section;
  (c) Adoption services or referral for adoption services; and
  (d) Abortion services or referral for abortion services.
  (4) The notice required by subsection (3) of this section must
be:
  (a) Conspicuously placed:
  (A) In all areas where individuals wait to receive the services
described in subsection (2)(a) of this section;
  (B) On any website maintained by the entity that refers to the
services described in subsection (2)(a) of this section; and
  (C) In all advertisements promoting the services described in
subsection (2)(a) of this section or promoting the entity
providing the services; and
  (b) Written and provided in a manner that a reasonable person
is likely to read and understand before accepting the services
described in subsection (2)(a) of this section.
  (5) An entity that collects health information from a patron of
the entity may not disclose the patron's health information to
any other person without the written authorization of the patron.
  (6) Upon receipt of a written request from a patron of the
entity to examine or obtain a copy of any health information of
the patron, an entity described in subsection (2)(a) of this
section shall:
  (a)(A) Make the health information of the patron that is in the
entity's possession or control available for examination by the
patron during regular business hours; and
  (B) Notwithstanding ORS 192.563, provide at no charge to the
patron one copy of any health information of the patron that is
in the entity's possession or control to the patron, if
requested; or
  (b) Inform the patron that the entity does not have any health
information of the patron in the entity's possession or
control. + }
  SECTION 2.  { + (1) If a person violates a requirement or
prohibition in section 1 of this 2013 Act, the Oregon Health
Authority shall serve the person with a written notice, in the
form and manner provided in ORS 183.415, informing the person of
the violation and stating that the person may avoid a civil
penalty by curing the violation within five days of the service
of the notice.
  (2) If the person fails to cure the violation within five days
of the date of the service of the notice, the authority shall
impose a penalty of at least $250 and not more than $1,000.
  (3) If the violation continues for more than seven days after
the expiration of the five-day period described in subsection (2)
of this section, the authority may impose an additional civil
penalty of up to $5,000 for the continued violation.
  (4) If the violation continues for more than 14 days after the
expiration of the five-day period described in subsection (2) of
this section, the authority may impose additional civil penalties
of up to $10,000 for each week thereafter in which the violation
continues.
  (5) A person is entitled, upon request submitted within a time
prescribed by the authority by rule, to a contested case hearing
under the provisions of ORS 183.413 to 183.470 to dispute a civil
penalty imposed under this section. Judicial review of an order
made after a contested case hearing shall be as provided in ORS
183.480 to 183.497 for judicial review of contested cases.
  (6) 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.
  (7) This section does not affect the ability of the authority
to maintain an action in the name of the state for injunction or
other process against any person to restrain or prevent a
violation of a requirement or prohibition in section 1 of this
2013 Act. + }
  SECTION 3.  { + The Oregon Health Authority shall adopt rules
to carry out the provisions of sections 1 and 2 of this 2013
Act. + }
  SECTION 4.  { + (1) Sections 1 and 2 of this 2013 Act become
operative on October 1, 2013.
  (2) The Oregon Health Authority may take any action before the
operative date specified in subsection (1) of this section that
is necessary to enable the authority to exercise, on and after
the operative date specified in subsection (1) of this section,
all the duties, functions and powers conferred on the authority
by sections 1 and 2 of this 2013 Act. + }
  SECTION 5.  { + 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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