Bill Text: OR SB563 | 2011 | Regular Session | Enrolled


Bill Title: Relating to emergency health care providers.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2011-05-19 - Effective date, January 1, 2012. [SB563 Detail]

Download: Oregon-2011-SB563-Enrolled.html


     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         Senate Bill 563

Sponsored by Senators JOHNSON, VERGER (at the request of
  Emergency Volunteer Corps of Nehalem Bay/Medical Reserve Corps)
  (Presession filed.)

                     CHAPTER ................

                             AN ACT

Relating to emergency health care providers; creating new
  provisions; and amending ORS 401.651, 401.654 and 401.661.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS 401.651 to 401.670. + }
  SECTION 2.  { + (1) The Oregon Health Authority may include in
the emergency health care provider registry established under ORS
401.654 a person who was previously licensed, certified or
otherwise authorized to provide health care services in Oregon by
a health professional regulatory board if:
  (a) The person was licensed, certified or otherwise authorized
to provide health care services not more than 10 years before
entry in the registry; and
  (b) The person meets such other criteria as may be established
by the authority.
  (2) Notwithstanding any other law prohibiting a person from
providing health care services without a license, certificate or
other authorization from a health professional regulatory board,
a person entered in the emergency health care provider registry
under subsection (1) of this section may provide health care
services during a state of emergency declared under ORS 401.165
or a state of public health emergency proclaimed under ORS
433.441 without a license, certification or other authorization
if:
  (a) The person is in compliance with all rules adopted by the
authority for persons providing health care services under this
section; and
  (b) The authority has directed the person to provide health
care services under ORS 401.661 (1).
  (3) The authority may adopt rules, after consulting with the
appropriate health professional regulatory boards, that establish
criteria and requirements for including persons in the emergency
health care provider registry under this section, including but
not limited to:
  (a) Educational requirements;
  (b) Training requirements;
  (c) Verification of previous licenses, certifications or other
authorization by a health professional regulatory board;
  (d) Verification that the previous licenses, certifications or
other authorization of the person was not revoked by reason of

Enrolled Senate Bill 563 (SB 563-A)                        Page 1

unprofessional conduct or any other reason that would affect the
person's ability to safely provide health care services; and
  (e) Limitations on the type of health care services that may be
provided by the person under this section and the places at which
those services may be provided. + }
  SECTION 3. ORS 401.651 is amended to read:
  401.651. As used in ORS 401.651 to 401.670:
  (1) 'Health care facility' means a health care facility as
defined in ORS 442.015 that has been licensed under ORS chapter
441.
  (2) 'Health care provider' means { + :
  (a) + } An individual licensed, certified or otherwise
authorized or permitted by the laws of this state or another
state to administer health care services in the ordinary course
of business or practice of a profession { + ; and
  (b) A person entered in the emergency health care provider
registry under section 2 of this 2011 Act + }.
   { +  (3) 'Health professional regulatory board' has the
meaning given that term in ORS 676.160. + }
  SECTION 4. ORS 401.654 is amended to read:
  401.654. (1) The Oregon Health Authority may establish   { - a
registry of - }  { +  an emergency health care provider registry
that includes + } emergency health care providers who are
available to provide health care services during an emergency or
crisis.  { + As a condition of inclusion in the registry, + } the
authority may require { + :
  (a) + } Training related to the provision of health care
services in an emergency or crisis as a condition of
registration { + ; and
  (b) Criminal background checks for applicants and persons who
have been registered + }.
  (2) The authority shall issue identification cards to health
care providers   { - included - }  { +  entered + } in the
 { + emergency health care provider + } registry established
under this section that:
  (a) Identify the health care provider;
  (b) Indicate that the health care provider is registered as an
Oregon emergency health care provider;
  (c) Identify the license or certification held by the health
care provider { + , or previously held by the health care
provider if the health care provider is entered in the emergency
health care provider registry under section 2 of this 2011
Act + }; and
  (d) Identify the health care provider's usual area of
practice { + , and the types of health care that the health care
provider is authorized to provide, + } if that information is
available and the authority determines that it is appropriate to
provide that information.
  (3) The authority by rule shall establish a form for
identification cards issued under subsection (2) of this section.
  (4) The authority shall support and provide assistance to the
Office of Emergency Management in emergencies or crises involving
the public health or requiring emergency medical response.
  (5) The authority may enter into agreements with other states
to facilitate the registry of out-of-state health care providers
in the  { + emergency health care provider + } registry
established under this section.
  SECTION 5. ORS 401.661 is amended to read:

Enrolled Senate Bill 563 (SB 563-A)                        Page 2

  401.661. If the Governor declares a state of emergency under
ORS 401.165 or proclaims a state of public health emergency under
ORS 433.441:
  (1) The Oregon Health Authority, in conjunction with the
Department of Human Services for facilities licensed by the
department, may direct emergency health care providers registered
under ORS 401.654 who are willing to provide health care services
to proceed to any place in this state where health care services
are required by reason of the emergency or crisis;   { - and - }
   { +  (2) Pursuant to the Emergency Management Assistance
Compact and the Pacific Northwest Emergency Management
Arrangement, the Oregon Health Authority may direct emergency
health care providers registered under ORS 401.654 who are
willing to provide health care services in another state to
proceed to another state where emergency health care services are
required by reason of an emergency in that state; and + }
    { - (2) - }  { +  (3) + } Any emergency health care provider
registered under ORS 401.654 or other health care provider may
volunteer to perform health care services described in ORS
401.657 at any emergency health care center or health care
facility in the manner provided by ORS 401.664.
                         ----------

Passed by Senate April 12, 2011

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House May 11, 2011

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 563 (SB 563-A)                        Page 3

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 563 (SB 563-A)                        Page 4
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