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Law Authorizing Oregon Patient Safety Commission

Oregon Revised Statutes (ORS)
Title 36 (Public Health and Safety)
Chapter 442 – Health Planning
(HTML Document)
with compiled notes referencing
Oregon Law 2003, Chapter 686
(HTML Document)

Oregon Patient Safety Commission
Table of Contents

  Section of Law Description
  ORS §442.015 General Definitions for Chapter 442 - Health Planning
* Section 1, 2003 c.686 Definitions
  ORS §442.820 Oregon Patient Safety Commission
  ORS §442.825 Funds received by commission
  ORS §442.830 Oregon Patient Safety Commission Board of Directors
  ORS §442.835 Appointment of administrator
* Section 4, 2003 c.686 Oregon Patient Safety Reporting Program; participants; reports.
* Section 5, 2003 c.686 Patient safety data; use; disclosure.
* Section 6, 2003 c.686 Fees; exemption.
* Section 8, 2003 c.686 Term of office of board.
* Section 9, 2003 c.686 Powers of board relating to Oregon Patient Safety Reporting Program; rules; confidentiality of patient safety data.
* Section 10, 2003 c.686 Reports by board.
* Section 12, 2003 c.686 Patient safety data not admissible in civil actions.
 
* "Not Added To” Temporary Provisions"
 
ORS 442.820, ORS §442.825, ORS 442.830, and 442.835 of the OPSC were codified. The remaining portions of Oregon Law 2003, c. 686 were not codified, but were compiled as Notes. “Not added to and made a part of” are notes that mean that the placement of the section was editorial and not by legislative action. This notation likely indicates that the series references are either too numerous or too complex to bear further adjustment and codification. The note does not mean that the section not added to a series or a chapter is any less the law. The note is intended only to remind the user that definitions, penalties and other references to the series should be examined carefully to determine whether they apply to the noted section.
  • ORS 442.005 [1955 c.533 §2; 1973 c.754 §1; repealed by 1977 c.717 §23]
  • ORS 442.010 [Amended by 1955 c.533 §3; 1971 c.650 §20; repealed by 1977 c.717 §23]
  • SECTION 442.015 – Definitions

    As used in ORS chapter 441 and this chapter, unless the context requires otherwise:

    • (1)  "Acquire" or "acquisition" means obtaining equipment, supplies, components or facilities by any means, including purchase, capital or operating lease, rental or donation, with intention of using such equipment, supplies, components or facilities to provide health services in Oregon. When equipment or other materials are obtained outside of this state, acquisition is considered to occur when the equipment or other materials begin to be used in Oregon for the provision of health services or when such services are offered for use in Oregon.
    • (2)  "Adjusted admission" means the sum of all inpatient admissions divided by the ratio of inpatient revenues to total patient revenues.
    • (3)  "Affected persons" has the same meaning as given to "party" in ORS 183.310.
    • (4)  "Ambulatory surgical center" means a facility that performs outpatient surgery not routinely or customarily performed in a physician's or dentist's office, and is able to meet health facility licensure requirements.
    • (5)  "Audited actual experience" means data contained within financial statements examined by an independent, certified public accountant in accordance with generally accepted auditing standards.
    • (6)  "Budget" means the projections by the hospital for a specified future time period of expenditures and revenues with supporting statistical indicators.
    • (7)  "Case mix" means a calculated index for each hospital, based on financial accounting and case mix data collection as set forth in ORS 442.425, reflecting the relative costliness of that hospital's mix of cases compared to a state or national mix of cases.
    • (8)  "Commission" means the Oregon Health Policy Commission.
    • (9)  "Department" means the Department of Human Services of the State of Oregon.
    • (10)  "Develop" means to undertake those activities that on their completion will result in the offer of a new institutional health service or the incurring of a financial obligation, as defined under applicable state law, in relation to the offering of such a health service.
    • (11)  "Director" means the Director of Human Services.
    • (12)  "Expenditure" or "capital expenditure" means the actual expenditure, an obligation to an expenditure, lease or similar arrangement in lieu of an expenditure, and the reasonable value of a donation or grant in lieu of an expenditure but not including any interest thereon.
    • (13)  "Freestanding birthing center" means a facility licensed for the primary purpose of performing low risk deliveries.
    • (14)  "Governmental unit" means the state, or any county, municipality or other political subdivision, or any related department, division, board or other agency.
    • (15)  "Gross revenue" means the sum of daily hospital service charges, ambulatory service charges, ancillary service charges and other operating revenue. "Gross revenue" does not include contributions, donations, legacies or bequests made to a hospital without restriction by the donors.
    • (16)
      • (a)  "Health care facility" means a hospital, a long term care facility, an ambulatory surgical center, a freestanding birthing center or an outpatient renal dialysis facility.
      • (b)  "Health care facility" does not mean:
        • (A) An establishment furnishing residential care or treatment not meeting federal intermediate care standards, not following a primarily medical model of treatment, prohibited from admitting persons requiring 24-hour nursing care and licensed or approved under the rules of the Department of Human Services or the Department of Corrections; or
        • (B) An establishment furnishing primarily domiciliary care.
    • (17)"Health maintenance organization" or "HMO" means a public organization or a private organization organized under the laws of any state that:
      • (a)  Is a qualified HMO under section 1310 (d) of the U.S. Public Health Services Act; or
      • (b)  
        • (A) Provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services:
          • (i) Usual physician services;
          • (ii) Hospitalization;
          • (iii) Laboratory;
          • (iv) X-ray;
          • (v) Emergency and preventive services; and
          • (vi) Out-of-area coverage;
        • (B) Is compensated, except for copayments, for the provision of the basic health care services listed in subparagraph (A) of this paragraph to enrolled participants on a predetermined periodic rate basis; and
        • (C) Provides physicians' services primarily directly through physicians who are either employees or partners of such organization, or through arrangements with individual physicians or one or more groups of physicians organized on a group practice or individual practice basis.
    • (18)"Health services" means clinically related diagnostic, treatment or rehabilitative services, and includes alcohol, drug or controlled substance abuse and mental health services that may be provided either directly or indirectly on an inpatient or ambulatory patient basis.
    • (19)"Hospital" means a facility with an organized medical staff, with permanent facilities that include inpatient beds and with medical services, including physician services and continuous nursing services under the supervision of registered nurses, to provide diagnosis and medical or surgical treatment primarily for but not limited to acutely ill patients and accident victims, to provide treatment for the mentally ill or to provide treatment in special inpatient care facilities.
    • (20)"Institutional health services" means health services provided in or through health care facilities and includes the entities in or through which such services are provided.
    • (21)"Intermediate care facility" means a facility that provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment that a hospital or skilled nursing facility is designed to provide, but who because of their mental or physical condition require care and services above the level of room and board that can be made available to them only through institutional facilities.
    • (22)"Long term care facility" means a facility with permanent facilities that include inpatient beds, providing medical services, including nursing services but excluding surgical procedures except as may be permitted by the rules of the director, to provide treatment for two or more unrelated patients. "Long term care facility" includes skilled nursing facilities and intermediate care facilities but may not be construed to include facilities licensed and operated pursuant to ORS 443.400 to 443.455. (i.e., residential care and treatment facilities)
    • (23)"Major medical equipment" means medical equipment that is used to provide medical and other health services and that costs more than $1 million. "Major medical equipment" does not include medical equipment acquired by or on behalf of a clinical laboratory to provide clinical laboratory services, if the clinical laboratory is independent of a physician's office and a hospital and has been determined under Title XVIII of the Social Security Act to meet the requirements of paragraphs (10) and (11) of section 1861(s) of that Act.
    • (24)"Net revenue" means gross revenue minus deductions from revenue.
    • (25)"New hospital" means a facility that did not offer hospital services on a regular basis within its service area within the prior 12-month period and is initiating or proposing to initiate such services. "New hospital" also includes any replacement of an existing hospital that involves a substantial increase or change in the services offered.
    • (26)"New skilled nursing or intermediate care service or facility" means a service or facility that did not offer long term care services on a regular basis by or through the facility within the prior 12-month period and is initiating or proposing to initiate such services. "New skilled nursing or intermediate care service or facility" also includes the rebuilding of a long term care facility, the relocation of buildings that are a part of a long term care facility, the relocation of long term care beds from one facility to another or an increase in the number of beds of more than 10 or 10 percent of the bed capacity, whichever is the lesser, within a two-year period.
    • (27)"Offer" means that the health care facility holds itself out as capable of providing, or as having the means for the provision of, specified health services.
    • (28)"Operating expenses" means the sum of daily hospital service expenses, ambulatory service expenses, ancillary expenses and other operating expenses, excluding income taxes.
    • (29)"Outpatient renal dialysis facility" means a facility that provides renal dialysis services directly to outpatients.
    • (30)"Person" means an individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies and insurance companies), a state, or a political subdivision or instrumentality, including a municipal corporation, of a state.
    • (31)"Skilled nursing facility" means a facility or a distinct part of a facility, that is primarily engaged in providing to inpatients skilled nursing care and related services for patients who require medical or nursing care, or an institution that provides rehabilitation services for the rehabilitation of injured, disabled or sick persons.
    • (32)"Special inpatient care facility" means a facility with permanent inpatient beds and other facilities designed and utilized for special health care purposes, including but not limited to a rehabilitation center, a college infirmary, a chiropractic facility, a facility for the treatment of alcoholism or drug abuse, an inpatient care facility meeting the requirements of ORS 441.065, and any other establishment falling within a classification established by the Department of Human Services, after determination of the need for such classification and the level and kind of health care appropriate for such classification.
    • (33)"Total deductions from gross revenue" or "deductions from revenue" means reductions from gross revenue resulting from inability to collect payment of charges. Such reductions include bad debts, contractual adjustments, uncompensated care, administrative, courtesy and policy discounts and adjustments and other such revenue deductions. The deduction shall be net of the offset of restricted donations and grants for indigent care.

    [1977 c.751 §1; 1979 c.697 §2; 1979 c.744 §31; 1981 c.693 §1; 1983 c.482 §1; 1985 c.747 §16; 1987 c.320 §233; 1987 c.660 §4; 1987 c.753 §2; 1989 c.708 §5; 1989 c.1034 §5; 1991 c.470 §9; 2001 c.100 §1; 2001 c.104 §181a; 2001 c.900 §179; 2003 c.75 §91; 2003 c.784 §11; 2005 c.22 §300]

State of Oregon
Oregon Patient Safety Commission

As used in sections 1 to 12 of this 2003 Act [442.820 to 442.835 and sections 1, 4 to 6, 8 to 10 and 12, chapter 686, Oregon Laws 2003]:

  • SECTION 1, 2003 c.686 As used in sections 1 to 12 of this 2003 Act:
    • (1) “Participant” means an entity that reports patient safety data to a patient safety reporting program, and any agent, employee, consultant, representative, volunteer or medical staff member of the entity.
    • (2) “Patient safety activities” includes but is not limited to:
      • (a) The collection and analysis of patient safety data by a participant;
      • (b) The collection and analysis of patient safety data by the Oregon Patient Safety Commission established in section 2 of this 2003 Act;
      • (c) The utilization of patient safety data by participants;
      • (d) The utilization of patient safety data by the Oregon Patient Safety Commission to improve the quality of care with respect to patient safety and to provide assistance to health care providers to minimize patient risk; and
      • (e) Oral and written communication regarding patient safety data among two or more participants with the intent of making a disclosure to or preparing a report to be submitted to a patient safety reporting program.
    • (3) “Patient safety data” means oral communication or written reports, data, records, memoranda, analyses, deliberative work, statements, root cause analyses or action plans that are collected or developed to improve patient safety or health care quality that:
      • (a) Are prepared by a participant for the purpose of reporting patient safety data voluntarily to a patient safety reporting program, or that are communicated among two or more participants with the intent of making a disclosure to or preparing a report to be submitted to a patient safety reporting program; or
      • (b) Are created by or at the direction of the patient safety reporting program, including communication, reports, notes or records created in the course of an investigation undertaken at the direction of the Oregon Patient Safety Commission.
    • (4) “Patient safety reporting program” includes but is not limited to the Oregon Patient Safety Reporting Program created in section 4 of this 2003 Act and any other patient safety reporting program established to improve the safety and quality of patient care.
    • (5) “Serious adverse event” means an objective and definable negative consequence of patient care, or the risk thereof, that is unanticipated, usually preventable and results in, or presents a significant risk of, patient death or serious physical injury.
  • ORS §442.820 – Oregon Patient Safety Commission. [codified from 2003 c.686 §2]
    • (1) The Oregon Patient Safety Commission is established as a semi-independent state agency subject to ORS 182.456 to 182.472. The commission shall exercise and carry out all powers, rights and privileges that are expressly conferred upon it, are implied by law or are incident to such powers.
    • (2) The mission of the commission is to improve patient safety by reducing the risk of serious adverse events occurring in Oregon's health care system and by encouraging a culture of patient safety in Oregon. To accomplish this mission, the commission shall:
      • (a) Establish a confidential, voluntary serious adverse event reporting system to identify serious adverse events;
      • (b) Establish quality improvement techniques to reduce systems' errors contributing to serious adverse events; and
      • (c) Disseminate evidence-based prevention practices to improve patient outcomes.
    • (3) ORS 192.410 to 192.505 do not apply to public records created or maintained by the commission that contain patient safety data or to reports obtained by the program.
    • (4) ORS 192.610 to 192.690 do not apply to portions of a meeting of the Oregon Patient Safety Commission Board of Directors, or subcommittees or advisory committees established by the board, to consider information that identifies a participant or patient and the written minutes of that portion of the meeting.
  • ORS §442.825 – Funds received by commission. [codified from 2003 c.686 §3]
    The Oregon Patient Safety Commission may accept contributions of funds and assistance from the United States Government or its agencies or from any other source, public or private, and agree to conditions not inconsistent with the purposes of the commission. All funds received by the commission shall be deposited in the account established pursuant to ORS 182.470. The commission may apply for grants and foundation support and may compete for contracts consistent with the mission and goals of the commission.
  • ORS §442.830 – Oregon Patient Safety Commission Board of Directors. [codified from 2003 c.686 §7]
    • (1) There is established the Oregon Patient Safety Commission Board of Directors consisting of 17 members, including the Public Health Officer and 16 directors who shall be appointed by the Governor and who shall be confirmed by the Senate in the manner prescribed in ORS 171.562 and 171.565.
    • (2) Membership on the board shall reflect the diversity of facilities, providers, insurers, purchasers and consumers that are involved in patient safety. Directors shall demonstrate interest, knowledge or experience in the area of patient safety.
    • (3) The membership of the board shall be as follows:
      • (a) The Public Health Officer;
      • (b) One faculty member, who is not involved in the direct delivery of health care, of the Oregon University System or a private Oregon university;
      • (c) Two representatives of group purchasers of health care, one of whom shall be employed by a state or other governmental entity and neither of whom may provide direct health care services or have an immediate family member who is involved in the delivery of health care;
      • (d) Two representatives of health care consumers, neither of whom may provide direct health care services or have an immediate family member who is involved in the delivery of health care;
      • (e) Two representatives of health insurers, including a representative of a domestic not-for-profit health care services contractor, a representative of a domestic insurance company licensed to transact health insurance or a representative of a health maintenance organization;
      • (f) One representative of a statewide or national labor organization;
      • (g) Two physicians licensed under ORS chapter 677 who are in active practice;
      • (h) Two hospital administrators or their designees;
      • (i) One pharmacist licensed under ORS chapter 689;
      • (j) One representative of an ambulatory surgical center or an outpatient renal dialysis facility;
      • (k) One nurse licensed under ORS chapter 678 who is in active clinical practice; and
      • (l) One nursing home administrator licensed under ORS chapter 678 or one nursing home director of nursing services.
    • (4) The term of office of each director appointed by the Governor is four years. Before the expiration of the term of a director, the Governor shall appoint a successor whose term begins on October 1 next following. A director is eligible for reappointment for an additional term. If there is a vacancy for any cause, the Governor shall make an appointment to become effective immediately for the unexpired term. The board shall nominate a slate of candidates whenever a vacancy occurs or is announced and shall forward the recommended candidates to the Governor for consideration.
    • (5) The board shall select one of its members as chairperson and another as vice chairperson for the terms and with the duties and powers as the board considers necessary for performance of the functions of those offices. The board shall adopt bylaws as necessary for the efficient and effective operation of the commission.
    • (6) The Governor may remove any member of the board at any time at the pleasure of the Governor, but not more than eight directors shall be removed within a period of four years, unless it is for corrupt conduct in office. The board may remove a director as specified in the commission bylaws.
    • (7) The board may appoint subcommittees and advisory groups as needed to assist the board, including but not limited to one or more consumer advisory groups and technical advisory groups. The technical advisory groups shall include physicians, nurses and other licensed or certified professional with specialty knowledge and experience as necessary to assist the board.
    • (8) No voting member of the board may be an employee of the commission.
  • ORS §442.835 – Appointment of administrator. [codified from 2003 c.686 §11]
    The Oregon Patient Safety Commission Board of Directors shall appoint an administrator of the Oregon Patient Safety Commission. Subject to the supervision of the board, the administrator has authority to direct the affairs of the commission. The administrator may not be a voting member of the board.
  • SECTION 4, 2003 c.686 – Oregon Patient Safety Reporting Program; participants; reports.
    • (1) The Oregon Patient Safety Reporting Program is created in the Oregon Patient Safety Commission to develop a serious adverse event reporting system. The program shall include but is not limited to:
      • (a) Reporting by participants, in a timely manner and in the form determined by the Oregon Patient Safety Commission Board of Directors established in section 7 of this 2003 Act, of the following:
        • (A) Serious adverse events;
        • (B) Root cause analyses of serious adverse events;
        • (C) Action plans established to prevent similar serious adverse events; and
        • (D) Patient safety plans establishing procedures and protocols.
      • (b) Analyzing reported serious adverse events, root cause analyses and action plans to develop and disseminate information to improve the quality of care with respect to patient safety. This information shall be made available to participants and shall include but is not limited to:
        • (A) Statistical analyses;
        • (B) Recommendations regarding quality improvement techniques;
        • (C) Recommendations regarding standard protocols; and
        • (D) Recommendations regarding best patient safety practices.
      • (c) Providing technical assistance to participants, including but not limited to recommendations and advice regarding methodology, communication, dissemination of information, data collection, security and confidentiality.
      • (d) Auditing participant reporting to assess the level of reporting of serious adverse events, root cause analyses and action plans.
      • (e) Overseeing action plans to assess whether participants are taking sufficient steps to prevent the occurrence of serious adverse events.
      • (f) Creating incentives to improve and reward participation, including but not limited to providing:
        • (A) Feedback to participants; and
        • (B) Rewards and recognition to participants.
      • (g) Distributing written reports using aggregate, de-identified data from the program to describe statewide serious adverse event patterns and maintaining a website to facilitate public access to reports, as well as a list of names of participants. The reports shall include but are not limited to:
        • (A) The types and frequencies of serious adverse events;
        • (B) Yearly serious adverse event totals and trends;
        • (C) Clusters of serious adverse events;
        • (D) Demographics of patients involved in serious adverse events, including the frequency and types of serious adverse events associated with language barriers or ethnicity;
        • (E) Systems' factors associated with particular serious adverse events;
        • (F) Interventions to prevent frequent or high severity serious adverse events; and
        • (G) Appropriate consumer information regarding prevention of serious adverse events.
    • (2) Participation in the program is voluntary. The following entities are eligible to participate:
      • (a) Hospitals as defined in ORS 442.015(19);
      • (b) Long term care facilities as defined in ORS 442.015(22);
      • (c) Pharmacies licensed under ORS chapter 689;
      • (d) Ambulatory surgical centers as defined in ORS 442.015(4);
      • (e) Outpatient renal dialysis facilities as defined in ORS 442.015(29);
      • (f) Freestanding birthing centers as defined in ORS 442.015(13); and
      • (g) Independent professional health care societies or associations.
    • (3) Reports or other information developed and disseminated by the program may not contain or reveal the name of or other identifiable information with respect to a particular participant providing information to the commission for the purposes of sections 1 to 12 of this 2003 Act, or to any individual identified in the report or information, and upon whose patient safety data, patient safety activities and reports the commission has relied in developing and disseminating information pursuant to this section.
    • (4) After a serious adverse event occurs, a participant must provide written notification in a timely manner to each patient served by the participant who is affected by the event. Notice provided under this subsection may not be construed as an admission of liability in a civil action.
    Per Section 16 of this 2003 Act, Section 4 is repealed on January 2, 2010.
  • SECTION 5, 2003 c.686 – Patient safety data; use; disclosure.
    • (1) Patient safety data reported to the Oregon Patient Safety Commission and information developed pursuant to the auditing and oversight described in section 4 (1) of this 2003 Act may not be disclosed to, subject to subpoena by or used by any state agency for purposes of any enforcement or regulatory action in relation to a participant.
    • (2) Nothing in sections 1 to 12 of this 2003 Act may be construed to limit the regulatory or enforcement authority of any state agency and, except for patient safety data, state agencies have the same authority to access participant records or other information in the same manner and to the same extent as if sections 1 to 12 of this 2003 Act were not enacted.
    • (3) As used in this section, “state agency” has the meaning given that term in ORS 183.025.
    Per Section 16 of this 2003 Act, Section 5 is repealed on January 2, 2010.
  • SECTION 6, 2003 c.686 – Fees; exemption.
    • (1) Except as provided in subsection (2) of this section, the Oregon Patient Safety Commission may assess fees on the participating entities described in section 4 (2) of this 2003 Act as determined by the Oregon Patient Safety Commission Board of Directors to fund the Oregon Patient Safety Reporting Program.
    • (2) Independent professional health care societies or associations are exempt from fees assessed by the commission.
    Per Section 16 of this 2003 Act, Section 6 is repealed on January 2, 2010.
  • SECTION 8, 2003 c.686 – Term of office of board.
    Notwithstanding the term of office specified by section 7 of this 2003 Act, of the directors first appointed to the Oregon Patient Safety Commission Board of Directors under section 7 of this 2003 Act:
    • (1) Four shall serve for terms ending July 1, 2004;
    • (2) Four shall serve for terms ending July 1, 2005;
    • (3) Four shall serve for terms ending July 1, 2006; and
    • (4) Four shall serve for terms ending July 1, 2007.
  • SECTION 9, 2003 c.686 – Powers of board relating to Oregon Patient Safety Reporting Program; rules; confidentiality of patient safety data.
    • (1) Except as otherwise provided in sections 1 to 12 of this 2003 Act, the Oregon Patient Safety Commission Board of Directors, or officials of the Oregon Patient Safety Commission acting under the authority of the board, shall exercise all the powers of the commission and shall govern the commission. The board shall adopt rules necessary for the implementation of the Oregon Patient Safety Reporting Program, including but not limited to:
      • (a) Developing a list of objective and definable serious adverse events to be reported by participants. In developing this list, the board shall consider similar lists developed in other states and nationally. The board may change the list from time to time. The first list developed by the board shall focus on serious adverse events that caused death or serious physical injury. Later lists may include, in the discretion of the board, serious adverse events that did not cause death or serious physical injury but posed a significant risk of death or a risk of significant physical injury.
      • (b) Developing a budget.
      • (c) Establishing a process to seek grants and other funding from federal and other sources.
      • (d) Establishing a method to determine participant fees, if necessary.
      • (e) Establishing auditing and oversight procedures, including a process to:
        • (A) Assess completeness of reports from participants;
        • (B) Assess credibility and thoroughness of root cause analyses submitted to the program;
        • (C) Assess the acceptability of action plans and participant follow-up on the action plan; and
        • (D) Obtain certification by the Public Health Officer on the completeness, credibility, thoroughness and acceptability of participant reports, root cause analyses and action plans.
      • (f) Establishing criteria for terminating a participant from the program. Incomplete reporting, failure to comply with section 4 (4) of this 2003 Act or failure to adequately implement an action plan are grounds for termination from the program.
    • (2) The board may not use or disclose patient safety data reported, collected or developed pursuant to sections 1 to 12 of this 2003 Act for purposes of any enforcement or regulatory action in relation to a participant.
    • (3) The board shall maintain the confidentiality of all patient safety data that identifies or could be reasonably used to identify a participant or an individual who is receiving or has received health care from the participant.
    Per Section 16 of this 2003 Act, Section 9 is repealed on January 2, 2010.
  • SECTION 10, 2003 c.686 – Reports by board.
    The Oregon Patient Safety Commission Board of Directors shall report:
    • (1) No later than September 30, 2004, to an interim committee of the Seventy-second Legislative Assembly on the implementation of the Oregon Patient Safety Commission and the serious adverse event reporting system developed by the Oregon Patient Safety Reporting Program;
    • (2) No later than September 30, 2005, to an interim committee of the Seventy-third Legislative Assembly on preliminary results of a facility-based serious adverse event reporting system;
    • (3) No later than September 30, 2006, to an interim committee of the Seventy-third Legislative Assembly on the implementation of a retail pharmacy serious adverse event reporting system; and
    • (4) No later than September 30, 2007, to an interim committee of the Seventy-fourth Legislative Assembly regarding reporting results and whether performance goals have been met. The board shall offer recommendations for any changes to the system, including possible implementation of a mandatory serious adverse event reporting system.
    Per Section 16 of this 2003 Act, Section 10 is repealed on January 2, 2010.
  • SECTION 12, 2003 c.686 – Patient safety data not admissible in civil actions.
    • (1) Patient safety data and reports obtained by a patient safety reporting program from participants are confidential and privileged and are not admissible in evidence in any civil action, including but not limited to a judicial, administrative, arbitration or mediation proceeding. Patient safety data, patient safety activities and reports are not subject to:
      • (a) Civil or administrative subpoena;
      • (b) Discovery in connection with a civil action, including but not limited to a judicial, administrative, arbitration or mediation proceeding; or
      • (c) Disclosure under state public records law pursuant to section 2 (3) of this 2003 Act and, if permissible, federal public records laws.
    • (2) The privilege established under this section does not apply to records of a patient's medical diagnosis and treatment and to records of a participant created in the ordinary course of business.
    • (3) Patient safety data, collected or developed for the purpose of and with the intent to communicate with or to make a disclosure or report to the patient safety reporting program, that are contained in the business records of the participant are confidential and not subject to civil or administrative subpoena or to discovery in a civil action, including but not limited to a judicial, administrative, arbitration or mediation proceeding.
    • (4) The following persons are not subject to an action for civil damages for affirmative actions taken, acts of omission or statements made in good faith:
      • (a) A person serving on the Oregon Patient Safety Commission Board of Directors;
      • (b) A person serving on a committee established by the board;
      • (c) A person communicating information to the Oregon Patient Safety Reporting Program; or
      • (d) A person conducting a study or investigation on behalf of the program.
    • (5) A participant or a representative of the Oregon Patient Safety Reporting Program may not be examined in any civil action, including but not limited to a judicial, administrative, arbitration or mediation proceeding, as to whether a communication of any kind, including oral and written communication, has been made or shared with another participant or with the program regarding patient safety data, patient safety activities, reports, records, memoranda, analyses, deliberative work, statements or root cause analyses, provided the communication was made with the intent of making a disclosure to or preparing a report to be submitted to the Oregon Patient Safety Commission.
    • (6) Nothing in this section may be construed to:
      • (a) Limit or discourage patient safety activities of or among participants or the voluntary reporting of patient safety data by one or more participants, individually or jointly, to a patient safety reporting program;
      • (b) Affect other privileges that are available under federal or state laws that provide greater peer review or confidentiality protections than do the protections afforded under sections 1 to 12 of this 2003 Act;
      • (c) Preempt or otherwise affect mandatory reporting requirements under Oregon law or licensing or certification requirements of state or federal law; or
      • (d) Diminish obligations of participants to comply with state and federal laws pertaining to quality assurance, personnel management and infection control requirements.
    • (7) Reporting or sharing of patient safety data by a participant is not a waiver of any privilege or protection established under sections 1 to 12 of this 2003 Act or other Oregon law.
    Per Section 16 of this 2003 Act, Section 12 is repealed on January 2, 2010.
  • SECTION 16, 2003 c.686
    Sections 1, 4, 5, 6, 9, 10 and 12 of this 2003 Act are repealed on January 2, 2010.

442.990 [Amended by 1955 c.533 §9; repealed by 1977 c.717 §23]

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