Bill Text: OR SB376 | 2013 | Regular Session | Introduced

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Bill Title: Relating to health practitioner self-referrals; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB376 Detail]

Download: Oregon-2013-SB376-Introduced.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 1329

                         Senate Bill 376

Sponsored by Senator BATES (Presession filed.)

                             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 as
introduced.

  Prohibits restrictions on health practitioner self-referrals
other than requirement to notify patient that health practitioner
has financial interest in referral.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to health practitioner self-referrals; amending ORS
  441.098; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 441.098 is amended to read:
  441.098. (1) As used in this section:
  (a) 'Facility' means a hospital, ambulatory surgical center or
freestanding birthing center.
  (b) 'Financial interest' means a five percent or greater direct
or indirect ownership interest.
  (c) 'Health practitioner' means a physician, podiatric
physician and surgeon, dentist, direct entry midwife or licensed
registered nurse who is certified by the Oregon State Board of
Nursing as a nurse midwife nurse practitioner.
  (d) 'Physician' has the meaning given that term in ORS 677.010.
  (2) If a health practitioner refers a patient for treatment at
a facility in which the health practitioner or an immediate
family member has a financial interest, the health practitioner
shall inform the patient orally and in writing of that interest
at the time of the referral. { +  The Oregon Health Authority may
not impose additional restrictions or limitations on any referral
described in this section that are in addition to the notice
required by this subsection. + }
  (3) In obtaining informed consent for treatment that will take
place at a facility, a health practitioner shall disclose the
manner in which care will be provided in the event that
complications occur that require health services beyond what the
facility has the capability to provide.
  SECTION 2.  { + 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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