Bill Text: OR SB490 | 2013 | Regular Session | Engrossed
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
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. + } ----------