Bill Text: OR SB723 | 2011 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the regulation of polysomnography; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2011-08-03 - Effective date, August 2, 2011. [SB723 Detail]
Download: Oregon-2011-SB723-Engrossed.html
Bill Title: Relating to the regulation of polysomnography; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2011-08-03 - Effective date, August 2, 2011. [SB723 Detail]
Download: Oregon-2011-SB723-Engrossed.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1044
A-Engrossed
Senate Bill 723
Ordered by the Senate April 20
Including Senate Amendments dated April 20
Sponsored by COMMITTEE ON HEALTH CARE, HUMAN SERVICES AND RURAL
HEALTH POLICY
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.
Changes name of Respiratory Therapist Licensing Board to
Respiratory Therapist and Polysomnographic Technologist Licensing
Board. Expands board membership to include two individuals who
practice polysomnography { + and authorizes qualified medical
director for polysomnography to serve on board + }.
Directs board to license polysomnographic technologists
beginning January 1, 2012.
Prohibits practice of polysomnography by person other than
licensed polysomnographic technologist. Makes prohibition
operative January 1, 2013.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the regulation of polysomnography; creating new
provisions; amending ORS 192.519, 433.443, 676.150, 676.606,
676.992, 688.800, 688.805, 688.810, 688.815, 688.820, 688.825,
688.830, 688.834, 688.836, 688.838, 688.840 and 746.600; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 688.800 is amended to read:
688.800. As used in ORS 688.800 to 688.840:
{ - (1) 'Board' means the Respiratory Therapist Licensing
Board, established within the Oregon Health Licensing Agency. - }
{ + (1) 'Polysomnographic technologist' means a person
licensed under section 8 of this 2011 Act.
(2) 'Polysomnography' means the treatment, management,
diagnostic testing, education and care of patients with disorders
related to sleep. 'Polysomnography' includes, but is not limited
to:
(a) The use of the following during treatment, management,
diagnostic testing, education and care of patients with disorders
related to sleep:
(A) Supplemental low-flow oxygen therapy, using up to six
liters per minute of oxygen;
(B) Continuous or bilevel positive airway pressure titration on
spontaneously breathing patients using a mask or oral appliance,
if the mask or oral appliance does not extend into the trachea or
attach to an artificial airway;
(C) Capnography;
(D) Cardiopulmonary resuscitation;
(E) Pulse oximetry;
(F) Sleep staging, including surface electroencephalography,
surface electrooculography and submental surface
electromyography;
(G) Electrocardiography;
(H) Respiratory effort monitoring, including thoracic and
abdominal movement monitoring;
(I) Plethysmography blood flow monitoring;
(J) Snore monitoring;
(K) Audio or video monitoring of movement or behavior;
(L) Body movement monitoring;
(M) Nocturnal penile tumescence monitoring, when performed in a
facility approved by the Respiratory Therapist and
Polysomnographic Technologist Licensing Board;
(N) Nasal and oral airflow monitoring;
(O) Body temperature monitoring; or
(P) Portable monitoring devices and other medical equipment
used to treat sleep disorders;
(b) Analyzing data for the purpose of assisting a physician who
diagnoses and treats disorders related to sleep;
(c) Implementation and monitoring of durable medical equipment
used in the treatment of sleep disorders; and
(d) Educating patients and immediate family members of patients
regarding testing and treatment of sleep disorders.
(3) 'Qualified medical director for polysomnography' means the
medical director of an inpatient or outpatient polysomnography
facility who is a physician licensed under ORS chapter 677, has
special interest and knowledge in the diagnosis and treatment of
sleep disorders and is actively practicing in the field of sleep
disorders. + }
{ - (2) - } { + (4) + } 'Qualified medical director { +
for respiratory care + } ' means the medical director of any
inpatient or outpatient respiratory care service, department or
home care agency who is a physician licensed { - by the State
of Oregon - } { + under ORS chapter 677 + } and who has special
interest and knowledge in the diagnosis and treatment of
respiratory problems.
{ - (3) - } { + (5) + } 'Respiratory care' means the
treatment, management, diagnostic testing, control and care of
patients with deficiencies and abnormalities associated with the
cardiopulmonary system { - in accordance with the prescription
of a licensed physician and under a qualified medical
director - } . 'Respiratory care' includes, but is not limited
to:
(a) Direct and indirect respiratory care services, including
but not limited to the administration of pharmacological,
diagnostic and therapeutic agents related to respiratory care
procedures necessary to implement a treatment, disease
prevention, pulmonary rehabilitative or diagnostic regimen
prescribed by a physician;
(b) Transcription and implementation of the written or verbal
orders of a physician pertaining to the practice of respiratory
care;
(c) Observing and monitoring signs and symptoms, reactions,
general behaviors, general physical responses to respiratory care
treatment and diagnostic testing, including determination of
whether such signs, symptoms, reactions, general behaviors or
general physical responses exhibit abnormal characteristics;
(d) Implementation based on observed abnormalities, or
appropriate reporting, referral, respiratory care protocols or
changes in treatment, pursuant to a prescription by a person
authorized to practice medicine under the laws of this state; and
(e) The initiation of emergency procedures under the rules of
the board or as otherwise permitted under ORS 688.800 to 688.840.
{ - (4) - } { + (6) + } 'Respiratory care practitioner'
means a person licensed under ORS { - 688.800 to 688.840 - }
{ + 688.815 + }.
{ - (5) - } { + (7) + } 'Respiratory care services' means
cardiopulmonary care services { - rendered in accordance with
the prescription of a licensed physician and includes - } { +
including + }, but { - is - } not limited to, the diagnostic
and therapeutic use of the following:
(a) Except for the purpose of anesthesia, administration of
medical gases, aerosols and humidification;
(b) Environmental control mechanisms and hyperbaric therapy;
(c) Pharmacologic agents related to respiratory care
procedures;
(d) Mechanical or physiological ventilatory support;
(e) Bronchopulmonary hygiene;
(f) Cardiopulmonary resuscitation;
(g) Maintenance of the natural airway;
(h) Maintenance of artificial airways;
(i) Specific diagnostic and testing techniques employed in the
medical management of patients to assist in diagnosis,
monitoring, treatment and research of pulmonary abnormalities,
including measurements of ventilatory volumes, pressures and
flows, collection of specimens of blood and blood gases, expired
and inspired gas samples, respiratory secretions and pulmonary
function testing; and
(j) Hemodynamic and other related physiologic measurements of
the cardiopulmonary system.
SECTION 2. ORS 688.805 is amended to read:
688.805. { - (1) No person shall practice respiratory care or
claim to be a respiratory care practitioner unless the person is
licensed under ORS 688.800 to 688.840. - }
{ - (2) - } { + (1) + } Nothing in ORS 688.800 to 688.840
is intended to limit, preclude or otherwise interfere with the
practices of other persons and health providers licensed by
appropriate agencies of this state.
{ - (3) - } { + (2) + } Nothing in ORS 688.800 to 688.840
prohibits:
(a) The practice of respiratory care by { - students - }
{ + a student + } enrolled in a respiratory care education
program approved by the American Medical Association in
collaboration with the Joint Review Committee for Respiratory
Therapy Education or their successors or equivalent
organizations, as approved by the { + Respiratory Therapist and
Polysomnographic Technologist Licensing + } Board.
{ + (b) The practice of polysomnography by a student who is:
(A) Enrolled in an educational program for polysomnography
approved by the board; and
(B) In the physical presence of a supervisor approved by the
board. + }
{ - (b) - } { + (c) + } Self-care by a patient, or
gratuitous care by a friend or family member who does not claim
to be a respiratory care practitioner.
{ - (c) - } { + (d) + } Respiratory care services rendered
in the course of an emergency.
{ - (4) - } { + (3) + } Persons in the military services or
working in federal facilities are exempt from the provisions of
ORS 688.800 to 688.840 when functioning in the course of assigned
duties.
{ - (5) - } { + (4) + } Nothing in ORS 688.800 to 688.840
is intended to permit the practice of medicine by a person
licensed to practice respiratory care { + or polysomnography + }
unless the person is also licensed to practice medicine.
{ - (6) - } { + (5) + } The practice of respiratory
care { + :
(a) + } May be performed in any clinic, hospital, skilled
nursing facility, private dwelling or other { - place
considered appropriate or necessary - } { + setting
approved + } by the { - Respiratory Therapist Licensing - }
board { + .
(b) Must be performed + } in accordance with the prescription
or verbal order of a physician and shall be performed under a
qualified medical director { + for respiratory care + }.
{ + (6) The practice of polysomnography:
(a) May be performed in a clinic, hospital, skilled nursing
facility, sleep center, sleep laboratory, physician's office,
private dwelling or other setting approved by the board.
(b) Must be performed in accordance with the prescription or
verbal order of a physician or physician assistant licensed under
ORS chapter 677 or a nurse practitioner licensed under ORS
678.375 to 678.390 and under the direction of a qualified medical
director for polysomnography. + }
SECTION 3. ORS 688.810 is amended to read:
688.810. { + (1) + } A { - person holding a license to
practice respiratory care in this state - } { + respiratory
care practitioner + } may use the title 'Licensed Respiratory
Care Practitioner' and the abbreviation 'LRCP. '
{ + (2) A polysomnographic technologist may use the title '
Licensed Polysomnographic Technologist' and the abbreviation '
LPSGT.' + }
SECTION 4. ORS 688.815 is amended to read:
688.815. (1) An applicant for a license to practice respiratory
care shall { + :
(a) + } Submit to the Oregon Health Licensing Agency written
evidence that the applicant:
{ - (a) - } { + (A) + } Is at least 18 years of age;
{ - (b) - } { + (B) + } Has completed an approved four-year
high school course of study or the equivalent as determined by
the appropriate educational agency; and
{ - (c) - } { + (C) + } Has completed a respiratory care
education program approved by the American Medical Association in
collaboration with the Joint Review Committee for Respiratory
Therapy Education or their successors or equivalent
organizations, as approved by the Respiratory Therapist { + and
Polysomnographic Technologist + } Licensing Board { - . - }
{ + ; and
(b) Pass an examination approved by the board. + }
{ - (2) The applicant shall be required to pass an
examination, approved by the board, whereupon the agency may
issue to the applicant a license to practice respiratory
care. - }
{ - (3) - } { + (2) + } The agency may { - choose to - }
issue a license to practice respiratory care by endorsement or
reciprocity to:
(a) An applicant who is currently licensed to practice
respiratory care under the laws of another state, territory or
country if the qualifications of the applicant are considered by
the agency to be equivalent to those required in this state; or
(b) An applicant holding { - a - } { + an active + }
credential conferred by the National Board for Respiratory Care
as a Certified Respiratory Therapist (CRT) or as a Registered
Respiratory Therapist (RRT), or both { - , providing the
credential has not been suspended or revoked - } .
{ - (4) - } { + (3) + } Except as provided in subsection
{ - (8) - } { + (7) + } of this section, all licenses expire
on the last day of the month, one year from the date of issuance.
{ - (5)(a) The licensee is responsible for filing a license
renewal application form. - }
{ - (b) - } { + (4) + } { - The - } { + To renew a
license to practice respiratory care, a + }licensee must submit
to the agency a completed renewal application, required renewal
fee and satisfactory evidence of
{ - having completed - } { + completion of + } any required
continuing education credits on or before the expiration date of
the license as specified by agency rule.
{ - (6) - } { + (5) + } The agency shall adopt by rule
requirements for late renewal of a license, reactivation of an
expired license or reinstatement of a license that has been
expired for more than three consecutive years.
{ - (7) - } { + (6) + } If the license of a respiratory
care practitioner has been denied, suspended or revoked for
commission of a prohibited act under ORS 676.612, the agency may
refuse to issue or renew the license for up to one year from the
date of denial, suspension or revocation.
{ - (8) - } { + (7) + } The agency may vary the date of
license renewal by giving the applicant written notice of the
renewal date being assigned and by making prorated adjustments to
the renewal fee.
SECTION 5. { + Sections 6 to 9 of this 2011 Act are added to
and made a part of ORS 688.800 to 688.840. + }
SECTION 6. { + A person may not practice respiratory care or
claim to be a respiratory care practitioner unless the person is
licensed under ORS 688.815. + }
SECTION 7. { + A person may not practice polysomnography or
claim to be a polysomnographic technologist unless the person is
licensed under section 8 of this 2011 Act. + }
SECTION 8. { + (1) An applicant for a polysomnographic
technologist license shall:
(a) Submit to the Oregon Health Licensing Agency written
evidence that the applicant:
(A) Is at least 18 years of age;
(B) Has completed an approved four-year high school course of
study or the equivalent as determined by the appropriate
educational agency; and
(C) Has completed a polysomnography education program approved
by the Respiratory Therapist and Polysomnographic Technologist
Licensing Board; and
(b) Pass an examination approved by the board.
(2) The agency may issue a polysomnographic technologist
license by endorsement or reciprocity to:
(a) An applicant who is currently licensed to practice
polysomnography under the laws of another state, territory or
country if the qualifications of the applicant are considered by
the agency to be equivalent to those required in this state; or
(b) An applicant holding an active credential approved by the
board.
(3) Except as provided in subsection (7) of this section, all
licenses expire on the last day of the month, one year from the
date of issuance.
(4) To renew a polysomnographic technologist license, a
licensee must submit to the agency a completed renewal
application, required renewal fee and satisfactory evidence of
completion of any required continuing education credits on or
before the expiration date of the license as specified by agency
rule.
(5) The agency shall adopt by rule requirements for late
renewal of a license, reactivation of an expired license or
reinstatement of a license that has been expired for more than
three consecutive years.
(6) If a polysomnographic technologist license has been denied,
suspended or revoked for commission of a prohibited act under ORS
676.612, the agency may refuse to issue or renew the license for
up to one year from the date of denial, suspension or revocation.
(7) The agency may vary the date of license renewal by giving
the applicant written notice of the renewal date being assigned
and by making prorated adjustments to the renewal fee.
(8) The agency may issue a temporary permit to practice
polysomnography in accordance with rules adopted by the
agency. + }
SECTION 9. { + Notwithstanding ORS 688.805:
(1) ORS 688.800 to 688.840 do not prohibit a respiratory care
practitioner from practicing polysomnography in accordance with
the prescription or verbal order of a physician and under the
direction of a qualified medical director for respiratory care or
for polysomnography.
(2) A polysomnographic technologist may not practice
respiratory care without a license issued under ORS 688.815,
unless the act is within the scope of practice of a
polysomnographic technologist. + }
SECTION 10. ORS 688.820 is amended to read:
688.820. (1) There is established within the Oregon Health
Licensing Agency the Respiratory Therapist { + and
Polysomnographic Technologist + }Licensing Board. The board
consists of { - five - } { + seven + } members appointed by
the Governor and subject to confirmation by the Senate in the
manner provided in ORS 171.562 and 171.565. All members of the
board must be residents of this state.
(2) Of the members of the board:
(a) { - Four - } { + Three + } must be respiratory care
practitioners;
{ - and - }
{ + (b) Two must be individuals who practice polysomnography;
(c) One must be a qualified medical director for
polysomnography or for respiratory care; and + }
{ - (b) - } { + (d) + } One must be a member of the general
public.
(3) Board members required to be respiratory care practitioners
{ + or individuals who practice polysomnography + } must have
engaged in the practice of respiratory care { + or
polysomnography + } for a period of five or more years
immediately preceding appointment to the board.
(4)(a) Board members may be selected by the Governor from a
list of three to five nominees for each vacancy, submitted by the
Oregon Society for Respiratory Care or another professional
organization representing respiratory care practitioners { + or
polysomnographic technologists + }.
(b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
(A) Geographic areas of this state; and
(B) Ethnic group.
(5)(a) The term of office of each member of the board is four
years, but a member serves at the pleasure of the Governor. The
terms must be staggered so that no more than two terms end each
year. Vacancies shall be filled by the Governor by appointment
for the unexpired term. A member shall hold the member's office
until the appointment and qualification of a successor. A member
is eligible for reappointment. If a person serves two consecutive
full terms, a period of at least four years must elapse before
the person is again eligible for appointment to serve on the
board.
(b) A board member shall be removed immediately from the board
if, during the member's term, the member:
(A) Is not a resident of this state;
(B) Has been absent from three consecutive board meetings,
unless at least one absence is excused; { - or - }
(C) Is not a respiratory care practitioner or a retired
respiratory care practitioner whose license was in good standing
at the time of retirement { + , if the member was appointed to
serve as a respiratory care practitioner; or
(D) Is not an individual who practices polysomnography, if the
member was appointed to serve as an individual who practices
polysomnography + }.
(6) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495. The agency may provide by
rule for compensation to board members for the performance of
official duties at a rate that is greater than the rate provided
in ORS 292.495.
SECTION 11. ORS 688.825 is amended to read:
688.825. (1) The Respiratory Therapist { + and
Polysomnographic Technologist + }Licensing Board shall select
one of its members as chairperson and another as vice
chairperson, for those terms and with duties and powers necessary
for the performance of the functions of those offices as the
board determines.
(2) A majority of the members of the board constitutes a quorum
for the transaction of business.
(3) The board shall meet at times and places specified by the
call of the chairperson or of a majority of the members of the
board.
SECTION 12. ORS 688.830 is amended to read:
688.830. (1) The Oregon Health Licensing Agency shall:
(a) Determine the qualifications and fitness of applicants for
licensure, renewal of license and reciprocal licenses under ORS
688.800 to 688.840.
(b) Adopt rules that are necessary to conduct its business
related to, carry out its duties under and administer ORS 688.800
to 688.840.
(c) Examine, approve, issue, deny, revoke, suspend and renew
licenses to practice respiratory care { + and
polysomnography + } under ORS 688.800 to 688.840.
(d) Maintain a public record of persons licensed by the agency
to practice respiratory care { + and polysomnography + }.
(2) The Respiratory Therapist { + and Polysomnographic
Technologist + } Licensing Board shall:
(a) Establish standards of practice and professional
responsibility for persons licensed by the agency.
{ - (b) Select a licensing examination that meets the
standards of the National Commission for Certifying Agencies or
an equivalent that is nationally recognized in testing
respiratory care competencies. - }
{ - (c) - } { + (b) + } Establish continuing education
requirements for renewal of a license.
{ - (d) - } { + (c) + } Provide for waivers of
examinations, grandfathering requirements and temporary licenses
as considered appropriate.
SECTION 13. ORS 688.834 is amended to read:
688.834. (1) The Oregon Health Licensing Agency shall establish
by rule and collect fees and charges for the following related to
respiratory care practitioners { + and polysomnographic
technologists + }:
(a) Application;
(b) Examinations;
(c) Original license;
(d) License renewal;
(e) License reactivation;
(f) Replacement or duplicate license;
(g) Delinquent renewal;
(h) Reciprocity; and
(i) Providing copies of official documents or records and for
recovering administrative costs associated with compiling,
photocopying or preparing and delivering the records.
(2) All moneys received by the agency under subsection (1) of
this section shall be paid into the General Fund of the State
Treasury and credited to the Oregon Health Licensing Agency
Account, and are appropriated continuously to and shall be used
by the agency as authorized by ORS 676.625.
SECTION 14. ORS 688.836 is amended to read:
688.836. In the manner prescribed in ORS chapter 183 for
contested cases, the Oregon Health Licensing Agency may impose a
form of discipline specified in ORS 676.612 against any person
practicing respiratory care { + or polysomnography + } for any
of the grounds listed in ORS 676.612 and for any violation of the
provisions of ORS 688.800 to 688.840, or the rules adopted
thereunder.
SECTION 15. ORS 688.838 is amended to read:
688.838. Unless state or federal laws relating to
confidentiality or the protection of health information prohibit
disclosure, a respiratory care practitioner { + or
polysomnographic technologist + } who has reasonable cause to
believe that a licensee of another board has engaged in
prohibited conduct as defined in ORS 676.150 shall report the
prohibited conduct in the manner provided in ORS 676.150.
SECTION 16. ORS 688.840 is amended to read:
688.840. The Respiratory Therapist { + and Polysomnographic
Technologist + } Licensing Board and its members and the Oregon
Health Licensing Agency and its employees and contractors are
immune from any civil liability arising from good faith actions
taken pursuant to ORS 688.800 to 688.840. { + + }
SECTION 17. ORS 192.519 is amended to read:
192.519. As used in ORS 192.518 to 192.529:
(1) 'Authorization' means a document written in plain language
that contains at least the following:
(a) A description of the information to be used or disclosed
that identifies the information in a specific and meaningful way;
(b) The name or other specific identification of the person or
persons authorized to make the requested use or disclosure;
(c) The name or other specific identification of the person or
persons to whom the covered entity may make the requested use or
disclosure;
(d) A description of each purpose of the requested use or
disclosure, including but not limited to a statement that the use
or disclosure is at the request of the individual;
(e) An expiration date or an expiration event that relates to
the individual or the purpose of the use or disclosure;
(f) The signature of the individual or personal representative
of the individual and the date;
(g) A description of the authority of the personal
representative, if applicable; and
(h) Statements adequate to place the individual on notice of
the following:
(A) The individual's right to revoke the authorization in
writing;
(B) The exceptions to the right to revoke the authorization;
(C) The ability or inability to condition treatment, payment,
enrollment or eligibility for benefits on whether the individual
signs the authorization; and
(D) The potential for information disclosed pursuant to the
authorization to be subject to redisclosure by the recipient and
no longer protected.
(2) 'Covered entity' means:
(a) A state health plan;
(b) A health insurer;
(c) A health care provider that transmits any health
information in electronic form to carry out financial or
administrative activities in connection with a transaction
covered by ORS 192.518 to 192.529; or
(d) A health care clearinghouse.
(3) 'Health care' means care, services or supplies related to
the health of an individual.
(4) 'Health care operations' includes but is not limited to:
(a) Quality assessment, accreditation, auditing and improvement
activities;
(b) Case management and care coordination;
(c) Reviewing the competence, qualifications or performance of
health care providers or health insurers;
(d) Underwriting activities;
(e) Arranging for legal services;
(f) Business planning;
(g) Customer services;
(h) Resolving internal grievances;
(i) Creating de-identified information; and
(j) Fundraising.
(5) 'Health care provider' includes but is not limited to:
(a) A psychologist, occupational therapist, regulated social
worker, professional counselor or marriage and family therapist
licensed or otherwise authorized to practice under ORS chapter
675 or an employee of the psychologist, occupational therapist,
regulated social worker, professional counselor or marriage and
family therapist;
(b) A physician, podiatric physician and surgeon, physician
assistant or acupuncturist licensed under ORS chapter 677 or an
employee of the physician, podiatric physician and surgeon,
physician assistant or acupuncturist;
(c) A nurse or nursing home administrator licensed under ORS
chapter 678 or an employee of the nurse or nursing home
administrator;
(d) A dentist licensed under ORS chapter 679 or an employee of
the dentist;
(e) A dental hygienist or denturist licensed under ORS chapter
680 or an employee of the dental hygienist or denturist;
(f) A speech-language pathologist or audiologist licensed under
ORS chapter 681 or an employee of the speech-language pathologist
or audiologist;
(g) An emergency medical technician certified under ORS chapter
682;
(h) An optometrist licensed under ORS chapter 683 or an
employee of the optometrist;
(i) A chiropractic physician licensed under ORS chapter 684 or
an employee of the chiropractic physician;
(j) A naturopathic physician licensed under ORS chapter 685 or
an employee of the naturopathic physician;
(k) A massage therapist licensed under ORS 687.011 to 687.250
or an employee of the massage therapist;
(L) A direct entry midwife licensed under ORS 687.405 to
687.495 or an employee of the direct entry midwife;
(m) A physical therapist licensed under ORS 688.010 to 688.201
or an employee of the physical therapist;
(n) A medical imaging licensee under ORS 688.405 to 688.605 or
an employee of the medical imaging licensee;
(o) A respiratory care practitioner licensed under ORS
{ - 688.800 to 688.840 - } { + 688.815 + } or an employee of
the respiratory care practitioner;
{ + (p) A polysomnographic technologist licensed under
section 8 of this 2011 Act or an employee of the polysomnographic
technologist; + }
{ - (p) - } { + (q) + } A pharmacist licensed under ORS
chapter 689 or an employee of the pharmacist;
{ - (q) - } { + (r) + } A dietitian licensed under ORS
691.405 to 691.585 or an employee of the dietitian;
{ - (r) - } { + (s) + } A funeral service practitioner
licensed under ORS chapter 692 or an employee of the funeral
service practitioner;
{ - (s) - } { + (t) + } A health care facility as defined
in ORS 442.015;
{ - (t) - } { + (u) + } A home health agency as defined in
ORS 443.005;
{ - (u) - } { + (v) + } A hospice program as defined in ORS
443.850;
{ - (v) - } { + (w) + } A clinical laboratory as defined in
ORS 438.010;
{ - (w) - } { + (x) + } A pharmacy as defined in ORS
689.005;
{ - (x) - } { + (y) + } A diabetes self-management program
as defined in ORS 743A.184; and
{ - (y) - } { + (z) + } Any other person or entity that
furnishes, bills for or is paid for health care in the normal
course of business.
(6) 'Health information' means any oral or written information
in any form or medium that:
(a) Is created or received by a covered entity, a public health
authority, an employer, a life insurer, a school, a university or
a health care provider that is not a covered entity; and
(b) Relates to:
(A) The past, present or future physical or mental health or
condition of an individual;
(B) The provision of health care to an individual; or
(C) The past, present or future payment for the provision of
health care to an individual.
(7) 'Health insurer' means:
(a) An insurer as defined in ORS 731.106 who offers:
(A) A health benefit plan as defined in ORS 743.730;
(B) A short term health insurance policy, the duration of which
does not exceed six months including renewals;
(C) A student health insurance policy;
(D) A Medicare supplemental policy; or
(E) A dental only policy.
(b) The Oregon Medical Insurance Pool operated by the Oregon
Medical Insurance Pool Board under ORS 735.600 to 735.650.
(8) 'Individually identifiable health information' means any
oral or written health information in any form or medium that is:
(a) Created or received by a covered entity, an employer or a
health care provider that is not a covered entity; and
(b) Identifiable to an individual, including demographic
information that identifies the individual, or for which there is
a reasonable basis to believe the information can be used to
identify an individual, and that relates to:
(A) The past, present or future physical or mental health or
condition of an individual;
(B) The provision of health care to an individual; or
(C) The past, present or future payment for the provision of
health care to an individual.
(9) 'Payment' includes but is not limited to:
(a) Efforts to obtain premiums or reimbursement;
(b) Determining eligibility or coverage;
(c) Billing activities;
(d) Claims management;
(e) Reviewing health care to determine medical necessity;
(f) Utilization review; and
(g) Disclosures to consumer reporting agencies.
(10) 'Personal representative' includes but is not limited to:
(a) A person appointed as a guardian under ORS 125.305,
419B.370, 419C.481 or 419C.555 with authority to make medical and
health care decisions;
(b) A person appointed as a health care representative under
ORS 127.505 to 127.660 or a representative under ORS 127.700 to
127.737 to make health care decisions or mental health treatment
decisions;
(c) A person appointed as a personal representative under ORS
chapter 113; and
(d) A person described in ORS 192.526.
(11)(a) 'Protected health information' means individually
identifiable health information that is maintained or transmitted
in any form of electronic or other medium by a covered entity.
(b) 'Protected health information' does not mean individually
identifiable health information in:
(A) Education records covered by the federal Family Educational
Rights and Privacy Act (20 U.S.C. 1232g);
(B) Records described at 20 U.S.C. 1232g(a)(4)(B)(iv); or
(C) Employment records held by a covered entity in its role as
employer.
(12) 'State health plan' means:
(a) Medical assistance as defined in ORS 414.025;
(b) The Health Care for All Oregon Children program;
(c) The Family Health Insurance Assistance Program established
in ORS 414.841 to 414.864; or
(d) Any medical assistance or premium assistance program
operated by the Oregon Health Authority.
(13) 'Treatment' includes but is not limited to:
(a) The provision, coordination or management of health care;
and
(b) Consultations and referrals between health care providers.
SECTION 18. ORS 433.443 is amended to read:
433.443. (1) As used in this section:
(a) 'Covered entity' means:
(A) The Children's Health Insurance Program;
(B) The Family Health Insurance Assistance Program established
under ORS 414.842;
(C) A health insurer that is an insurer as defined in ORS
731.106 and that issues health insurance as defined in ORS
731.162;
(D) The state medical assistance program; and
(E) A health care provider.
(b) 'Health care provider' includes but is not limited to:
(A) A psychologist, occupational therapist, regulated social
worker, professional counselor or marriage and family therapist
licensed or otherwise authorized to practice under ORS chapter
675 or an employee of the psychologist, occupational therapist,
regulated social worker, professional counselor or marriage and
family therapist;
(B) A physician, podiatric physician and surgeon, physician
assistant or acupuncturist licensed under ORS chapter 677 or an
employee of the physician, podiatric physician and surgeon,
physician assistant or acupuncturist;
(C) A nurse or nursing home administrator licensed under ORS
chapter 678 or an employee of the nurse or nursing home
administrator;
(D) A dentist licensed under ORS chapter 679 or an employee of
the dentist;
(E) A dental hygienist or denturist licensed under ORS chapter
680 or an employee of the dental hygienist or denturist;
(F) A speech-language pathologist or audiologist licensed under
ORS chapter 681 or an employee of the speech-language pathologist
or audiologist;
(G) An emergency medical technician certified under ORS chapter
682;
(H) An optometrist licensed under ORS chapter 683 or an
employee of the optometrist;
(I) A chiropractic physician licensed under ORS chapter 684 or
an employee of the chiropractic physician;
(J) A naturopathic physician licensed under ORS chapter 685 or
an employee of the naturopathic physician;
(K) A massage therapist licensed under ORS 687.011 to 687.250
or an employee of the massage therapist;
(L) A direct entry midwife licensed under ORS 687.405 to
687.495 or an employee of the direct entry midwife;
(M) A physical therapist licensed under ORS 688.010 to 688.201
or an employee of the physical therapist;
(N) A medical imaging licensee under ORS 688.405 to 688.605 or
an employee of the medical imaging licensee;
(O) A respiratory care practitioner licensed under ORS
{ - 688.800 to 688.840 - } { + 688.815 + } or an employee of
the respiratory care practitioner;
{ + (P) A polysomnographic technologist licensed under
section 8 of this 2011 Act or an employee of the polysomnographic
technologist; + }
{ - (P) - } { + (Q) + } A pharmacist licensed under ORS
chapter 689 or an employee of the pharmacist;
{ - (Q) - } { + (R) + } A dietitian licensed under ORS
691.405 to 691.585 or an employee of the dietitian;
{ - (R) - } { + (S) + } A funeral service practitioner
licensed under ORS chapter 692 or an employee of the funeral
service practitioner;
{ - (S) - } { + (T) + } A health care facility as defined
in ORS 442.015;
{ - (T) - } { + (U) + } A home health agency as defined in
ORS 443.005;
{ - (U) - } { + (V) + } A hospice program as defined in ORS
443.850;
{ - (V) - } { + (W) + } A clinical laboratory as defined in
ORS 438.010;
{ - (W) - } { + (X) + } A pharmacy as defined in ORS
689.005;
{ - (X) - } { + (Y) + } A diabetes self-management program
as defined in ORS 743A.184; and
{ - (Y) - } { + (Z) + } Any other person or entity that
furnishes, bills for or is paid for health care in the normal
course of business.
(c) 'Individual' means a natural person.
(d) 'Individually identifiable health information' means any
oral or written health information in any form or medium that is:
(A) Created or received by a covered entity, an employer or a
health care provider that is not a covered entity; and
(B) Identifiable to an individual, including demographic
information that identifies the individual, or for which there is
a reasonable basis to believe the information can be used to
identify an individual, and that relates to:
(i) The past, present or future physical or mental health or
condition of an individual;
(ii) The provision of health care to an individual; or
(iii) The past, present or future payment for the provision of
health care to an individual.
(e) 'Legal representative' means attorney at law, person
holding a general power of attorney, guardian, conservator or any
person appointed by a court to manage the personal or financial
affairs of a person, or agency legally responsible for the
welfare or support of a person.
(2)(a) During a public health emergency declared under ORS
433.441, the Public Health Director may, as necessary to
appropriately respond to the public health emergency:
(A) Adopt reporting requirements for and provide notice of
those requirements to health care providers, institutions and
facilities for the purpose of obtaining information directly
related to the public health emergency;
(B) After consultation with appropriate medical experts, create
and require the use of diagnostic and treatment protocols to
respond to the public health emergency and provide notice of
those protocols to health care providers, institutions and
facilities;
(C) Order, or authorize local public health administrators to
order, public health measures appropriate to the public health
threat presented;
(D) Upon approval of the Governor, take other actions necessary
to address the public health emergency and provide notice of
those actions to health care providers, institutions and
facilities, including public health actions authorized by ORS
431.264;
(E) Take any enforcement action authorized by ORS 431.262,
including the imposition of civil penalties of up to $500 per day
against individuals, institutions or facilities that knowingly
fail to comply with requirements resulting from actions taken in
accordance with the powers granted to the Public Health Director
under subparagraphs (A), (B) and (D) of this paragraph; and
(F) The authority granted to the Public Health Director under
this section:
(i) Supersedes any authority granted to a local public health
authority if the local public health authority acts in a manner
inconsistent with guidelines established or rules adopted by the
director under this section; and
(ii) Does not supersede the general authority granted to a
local public health authority or a local public health
administrator except as authorized by law or necessary to respond
to a public health emergency.
(b) The authority of the Public Health Director to take
administrative action, and the effectiveness of any action taken,
under paragraph (a)(A), (B), (D), (E) and (F) of this subsection
terminates upon the expiration of the proclaimed state of public
health emergency, unless the actions are continued under other
applicable law.
(3) Civil penalties under subsection (2) of this section shall
be imposed in the manner provided in ORS 183.745. The Public
Health Director must establish that the individual, institution
or facility subject to the civil penalty had actual notice of the
action taken that is the basis for the penalty. The maximum
aggregate total for penalties that may be imposed against an
individual, institution or facility under subsection (2) of this
section is $500 for each day of violation, regardless of the
number of violations of subsection (2) of this section that
occurred on each day of violation.
(4)(a) During a proclaimed state of public health emergency,
the Public Health Director and local public health administrators
shall be given immediate access to individually identifiable
health information necessary to:
(A) Determine the causes of an illness related to the public
health emergency;
(B) Identify persons at risk;
(C) Identify patterns of transmission;
(D) Provide treatment; and
(E) Take steps to control the disease.
(b) Individually identifiable health information accessed as
provided by paragraph (a) of this subsection may not be used for
conducting nonemergency epidemiologic research or to identify
persons at risk for post-traumatic mental health problems, or for
any other purpose except the purposes listed in paragraph (a) of
this subsection.
(c) Individually identifiable health information obtained by
the Public Health Director or local public health administrators
under this subsection may not be disclosed without written
authorization of the identified individual except:
(A) Directly to the individual who is the subject of the
information or to the legal representative of that individual;
(B) To state, local or federal agencies authorized to receive
such information by state or federal law;
(C) To identify or to determine the cause or manner of death of
a deceased individual; or
(D) Directly to a health care provider for the evaluation or
treatment of a condition that is the subject of a proclamation of
a state of public health emergency issued under ORS 433.441.
(d) Upon expiration of the state of public health emergency,
the Public Health Director or local public health administrators
may not use or disclose any individually identifiable health
information that has been obtained under this section. If a state
of emergency that is related to the state of public health
emergency has been declared under ORS 401.165, the Public Health
Director and local public health administrators may continue to
use any individually identifiable information obtained as
provided under this section until termination of the state of
emergency.
(5) 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.
(6) The Public Health Director may request assistance in
enforcing orders issued pursuant to this section from state or
local law enforcement authorities. If so requested by the Public
Health Director, state and local law enforcement authorities, to
the extent resources are available, shall assist in enforcing
orders issued pursuant to this section.
(7) If the Oregon Health Authority adopts temporary rules to
implement the provisions of this section, the rules adopted are
not subject to the provisions of ORS 183.335 (6)(a). The
authority may amend temporary rules adopted pursuant to this
subsection as often as necessary to respond to the public health
emergency.
SECTION 19. ORS 676.150 is amended to read:
676.150. (1) As used in this section:
(a) 'Board' means the:
(A) State Board of Examiners for Speech-Language Pathology and
Audiology;
(B) State Board of Chiropractic Examiners;
(C) State Board of Licensed Social Workers;
(D) Oregon Board of Licensed Professional Counselors and
Therapists;
(E) Oregon Board of Dentistry;
(F) Board of Examiners of Licensed Dietitians;
(G) State Board of Massage Therapists;
(H) Oregon Board of Naturopathic Medicine;
(I) Oregon State Board of Nursing;
(J) Nursing Home Administrators Board;
(K) Oregon Board of Optometry;
(L) State Board of Pharmacy;
(M) Oregon Medical Board;
(N) Occupational Therapy Licensing Board;
(O) Physical Therapist Licensing Board;
(P) State Board of Psychologist Examiners;
(Q) Board of Radiologic Technology;
(R) State Board of Direct Entry Midwifery;
(S) State Board of Denture Technology;
(T) Respiratory Therapist { + and Polysomnographic
Technologist + } Licensing Board;
(U) Department of Human Services, to the extent that the
department certifies emergency medical technicians;
(V) Oregon State Veterinary Medical Examining Board; or
(W) State Mortuary and Cemetery Board.
(b) 'Licensee' means a health professional licensed or
certified by or registered with a board.
(c) 'Prohibited conduct' means conduct by a licensee that:
(A) Constitutes a criminal act against a patient or client; or
(B) Constitutes a criminal act that creates a risk of harm to a
patient or client.
(d) 'Unprofessional conduct' means conduct unbecoming a
licensee or detrimental to the best interests of the public,
including conduct contrary to recognized standards of ethics of
the licensee's profession or conduct that endangers the health,
safety or welfare of a patient or client.
(2) Unless state or federal laws relating to confidentiality or
the protection of health information prohibit disclosure, a
licensee who has reasonable cause to believe that another
licensee has engaged in prohibited or unprofessional conduct
shall report the conduct to the board responsible for the
licensee who is believed to have engaged in the conduct. The
reporting licensee shall report the conduct without undue delay,
but in no event later than 10 working days after the reporting
licensee learns of the conduct.
(3) A licensee who is convicted of a misdemeanor or felony or
who is arrested for a felony crime shall report the conviction or
arrest to the licensee's board within 10 days after the
conviction or arrest.
(4) The board responsible for a licensee who is reported to
have engaged in prohibited or unprofessional conduct shall
investigate in accordance with the board's rules. If the board
has reasonable cause to believe that the licensee has engaged in
prohibited conduct, the board shall present the facts to an
appropriate law enforcement agency without undue delay, but in no
event later than 10 working days after the board finds reasonable
cause to believe that the licensee engaged in prohibited conduct.
(5) A licensee who fails to report prohibited or unprofessional
conduct as required by subsection (2) of this section or the
licensee's conviction or arrest as required by subsection (3) of
this section is subject to discipline by the board responsible
for the licensee.
(6) A licensee who fails to report prohibited conduct as
required by subsection (2) of this section commits a Class A
violation.
(7) Notwithstanding any other provision of law, a report under
subsection (2) or (3) of this section is confidential under ORS
676.175. A board may disclose a report as provided in ORS
676.177.
(8) Except as part of an application for a license or for
renewal of a license and except as provided in subsection (3) of
this section, a board may not require a licensee to report the
licensee's criminal conduct.
(9) The obligations imposed by this section are in addition to
and not in lieu of other obligations to report unprofessional
conduct as provided by statute.
(10) A licensee who reports to a board in good faith as
required by subsection (2) of this section is immune from civil
liability for making the report.
(11) A board and the members, employees and contractors of the
board are immune from civil liability for actions taken in good
faith as a result of a report received under subsection (2) or
(3) of this section.
SECTION 20. ORS 676.606 is amended to read:
676.606. Pursuant to ORS 676.607, the Oregon Health Licensing
Agency shall provide administrative and regulatory oversight and
centralized service for the following boards, advisory councils
and programs:
(1) Board of Athletic Trainers, as provided in ORS 688.701 to
688.734;
(2) Board of Cosmetology, as provided in ORS 690.005 to
690.235;
(3) State Board of Denture Technology, as provided in ORS
680.500 to 680.565;
(4) State Board of Direct Entry Midwifery, as provided in ORS
687.405 to 687.495;
(5) Respiratory Therapist { + and Polysomnographic
Technologist + } Licensing Board, as provided in ORS 688.800 to
688.840;
(6) Environmental Health Registration Board, as provided in ORS
chapter 700;
(7) Advisory Council for Electrologists and Permanent Color
Technicians and Tattoo Artists, as provided in ORS 690.350 to
690.430;
(8) Advisory Council on Hearing Aids, as provided in ORS
694.015 to 694.185;
(9) Body piercing technician registration program and body
piercing facility licensing program, as provided in ORS 690.500
to 690.570;
(10) Sex Offender Treatment Board, as provided in ORS 675.360
to 675.410; and
(11) Nursing Home Administrators Board, as provided in ORS
678.710 to 678.820.
SECTION 21. ORS 676.992 is amended to read:
676.992. (1) Except as provided in subsection (3) of this
section, and in addition to any other penalty or remedy provided
by law, the Oregon Health Licensing Agency may impose a civil
penalty not to exceed $5,000 for each violation of the following
statutes and any rule adopted thereunder:
(a) ORS 688.701 to 688.734 (athletic training);
(b) ORS 690.500 to 690.570 (body piercing);
(c) ORS 690.005 to 690.235 (cosmetology);
(d) ORS 680.500 to 680.565 (denture technology);
(e) ORS 687.405 to 687.495 (direct entry midwifery);
(f) ORS 690.350 to 690.430 (electrology and permanent coloring
or tattooing);
(g) ORS 694.015 to 694.185 (dealing in hearing aids);
(h) ORS 688.800 to 688.840 (respiratory therapy { + and
polysomnography + });
(i) ORS chapter 700 (environmental sanitation);
(j) ORS 676.617 (single facility licensure);
(k) ORS 675.360 to 675.410 (sex offender treatment);
(L) ORS 678.710 to 678.820 (nursing home administrators); and
(m) ORS 676.612 (prohibited acts).
(2) The agency may take any other disciplinary action that it
finds proper, including but not limited to assessment of costs of
disciplinary proceedings, not to exceed $5,000, for violation of
any statute listed in subsection (1) of this section or any rule
adopted under any statute listed in subsection (1) of this
section.
(3) Subsection (1) of this section does not limit the amount of
the civil penalty resulting from a violation of ORS 694.042.
(4) In imposing a civil penalty pursuant to this section, the
agency shall consider the following factors:
(a) The immediacy and extent to which the violation threatens
the public health or safety;
(b) Any prior violations of statutes, rules or orders;
(c) The history of the person incurring a penalty in taking all
feasible steps to correct any violation; and
(d) Any other aggravating or mitigating factors.
(5) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(6) The moneys received by the agency from civil penalties
under this section shall be paid into the General Fund of the
State Treasury and credited to the Oregon Health Licensing Agency
Account established under ORS 676.625. Such moneys are
continuously appropriated to the agency for the administration
and enforcement of the laws the agency is charged with
administering and enforcing that govern the person against whom
the penalty was imposed.
SECTION 22. ORS 746.600 is amended to read:
746.600. As used in ORS 746.600 to 746.690:
(1)(a) 'Adverse underwriting decision' means any of the
following actions with respect to insurance transactions
involving insurance coverage that is individually underwritten:
(A) A declination of insurance coverage.
(B) A termination of insurance coverage.
(C) Failure of an insurance producer to apply for insurance
coverage with a specific insurer that the insurance producer
represents and that is requested by an applicant.
(D) In the case of life or health insurance coverage, an offer
to insure at higher than standard rates.
(E) In the case of insurance coverage other than life or health
insurance coverage:
(i) Placement by an insurer or insurance producer of a risk
with a residual market mechanism, an unauthorized insurer or an
insurer that specializes in substandard risks.
(ii) The charging of a higher rate on the basis of information
that differs from that which the applicant or policyholder
furnished.
(iii) An increase in any charge imposed by the insurer for any
personal insurance in connection with the underwriting of
insurance. For purposes of this sub-subparagraph, the imposition
of a service fee is not a charge.
(b) 'Adverse underwriting decision' does not mean any of the
following actions, but the insurer or insurance producer
responsible for the occurrence of the action must nevertheless
provide the applicant or policyholder with the specific reason or
reasons for the occurrence:
(A) The termination of an individual policy form on a class or
statewide basis.
(B) A declination of insurance coverage solely because the
coverage is not available on a class or statewide basis.
(C) The rescission of a policy.
(2) 'Affiliate of' a specified person or 'person affiliated
with' a specified person means a person who directly, or
indirectly, through one or more intermediaries, controls, or is
controlled by, or is under common control with, the person
specified.
(3) 'Applicant' means a person who seeks to contract for
insurance coverage, other than a person seeking group insurance
coverage that is not individually underwritten.
(4) 'Consumer' means an individual, or the personal
representative of the individual, who seeks to obtain, obtains or
has obtained one or more insurance products or services from a
licensee that are to be used primarily for personal, family or
household purposes, and about whom the licensee has personal
information.
(5) 'Consumer report' means any written, oral or other
communication of information bearing on a natural person's
creditworthiness, credit standing, credit capacity, character,
general reputation, personal characteristics or mode of living
that is used or expected to be used in connection with an
insurance transaction.
(6) 'Consumer reporting agency' means a person that, for
monetary fees or dues, or on a cooperative or nonprofit basis:
(a) Regularly engages, in whole or in part, in assembling or
preparing consumer reports;
(b) Obtains information primarily from sources other than
insurers; and
(c) Furnishes consumer reports to other persons.
(7) 'Control' means, and the terms 'controlled by' or ' under
common control with' refer to, the possession, directly or
indirectly, of the power to direct or cause the direction of the
management and policies of a person, whether through the
ownership of voting securities, by contract other than a
commercial contract for goods or nonmanagement services, or
otherwise, unless the power of the person is the result of a
corporate office held in, or an official position held with, the
controlled person.
(8) 'Covered entity' means:
(a) A health insurer;
(b) A health care provider that transmits any health
information in electronic form to carry out financial or
administrative activities in connection with a transaction
covered by ORS 746.607 or by rules adopted under ORS 746.608; or
(c) A health care clearinghouse.
(9) 'Credit history' means any written or other communication
of any information by a consumer reporting agency that:
(a) Bears on a consumer's creditworthiness, credit standing or
credit capacity; and
(b) Is used or expected to be used, or collected in whole or in
part, as a factor in determining eligibility, premiums or rates
for personal insurance.
(10) 'Customer' means a consumer who has a continuing
relationship with a licensee under which the licensee provides
one or more insurance products or services to the consumer that
are to be used primarily for personal, family or household
purposes.
(11) 'Declination of insurance coverage' or 'decline coverage'
means a denial, in whole or in part, by an insurer or insurance
producer of an application for requested insurance coverage.
(12) 'Health care' means care, services or supplies related to
the health of an individual.
(13) 'Health care operations' includes but is not limited to:
(a) Quality assessment, accreditation, auditing and improvement
activities;
(b) Case management and care coordination;
(c) Reviewing the competence, qualifications or performance of
health care providers or health insurers;
(d) Underwriting activities;
(e) Arranging for legal services;
(f) Business planning;
(g) Customer services;
(h) Resolving internal grievances;
(i) Creating de-identified information; and
(j) Fundraising.
(14) 'Health care provider' includes but is not limited to:
(a) A psychologist, occupational therapist, regulated social
worker, professional counselor or marriage and family therapist
licensed or otherwise authorized to practice under ORS chapter
675 or an employee of the psychologist, occupational therapist,
regulated social worker, professional counselor or marriage and
family therapist;
(b) A physician, podiatric physician and surgeon, physician
assistant or acupuncturist licensed under ORS chapter 677 or an
employee of the physician, podiatric physician and surgeon,
physician assistant or acupuncturist;
(c) A nurse or nursing home administrator licensed under ORS
chapter 678 or an employee of the nurse or nursing home
administrator;
(d) A dentist licensed under ORS chapter 679 or an employee of
the dentist;
(e) A dental hygienist or denturist licensed under ORS chapter
680 or an employee of the dental hygienist or denturist;
(f) A speech-language pathologist or audiologist licensed under
ORS chapter 681 or an employee of the speech-language pathologist
or audiologist;
(g) An emergency medical technician certified under ORS chapter
682;
(h) An optometrist licensed under ORS chapter 683 or an
employee of the optometrist;
(i) A chiropractic physician licensed under ORS chapter 684 or
an employee of the chiropractic physician;
(j) A naturopathic physician licensed under ORS chapter 685 or
an employee of the naturopathic physician;
(k) A massage therapist licensed under ORS 687.011 to 687.250
or an employee of the massage therapist;
(L) A direct entry midwife licensed under ORS 687.405 to
687.495 or an employee of the direct entry midwife;
(m) A physical therapist licensed under ORS 688.010 to 688.201
or an employee of the physical therapist;
(n) A medical imaging licensee under ORS 688.405 to 688.605 or
an employee of the medical imaging licensee;
(o) A respiratory care practitioner licensed under ORS
{ - 688.800 to 688.840 - } { + 688.815 + } or an employee of
the respiratory care practitioner;
{ + (p) A polysomnographic technologist licensed under
section 8 of this 2011 Act or an employee of the polysomnographic
technologist; + }
{ - (p) - } { + (q) + } A pharmacist licensed under ORS
chapter 689 or an employee of the pharmacist;
{ - (q) - } { + (r) + } A dietitian licensed under ORS
691.405 to 691.585 or an employee of the dietitian;
{ - (r) - } { + (s) + } A funeral service practitioner
licensed under ORS chapter 692 or an employee of the funeral
service practitioner;
{ - (s) - } { + (t) + } A health care facility as defined
in ORS 442.015;
{ - (t) - } { + (u) + } A home health agency as defined in
ORS 443.005;
{ - (u) - } { + (v) + } A hospice program as defined in ORS
443.850;
{ - (v) - } { + (w) + } A clinical laboratory as defined in
ORS 438.010;
{ - (w) - } { + (x) + } A pharmacy as defined in ORS
689.005;
{ - (x) - } { + (y) + } A diabetes self-management program
as defined in ORS 743.694; and
{ - (y) - } { + (z) + } Any other person or entity that
furnishes, bills for or is paid for health care in the normal
course of business.
(15) 'Health information' means any oral or written information
in any form or medium that:
(a) Is created or received by a covered entity, a public health
authority, a life insurer, a school, a university or a health
care provider that is not a covered entity; and
(b) Relates to:
(A) The past, present or future physical or mental health or
condition of an individual;
(B) The provision of health care to an individual; or
(C) The past, present or future payment for the provision of
health care to an individual.
(16) 'Health insurer' means:
(a) An insurer who offers:
(A) A health benefit plan as defined in ORS 743.730;
(B) A short term health insurance policy, the duration of which
does not exceed six months including renewals;
(C) A student health insurance policy;
(D) A Medicare supplemental policy; or
(E) A dental only policy.
(b) The Oregon Medical Insurance Pool operated by the Oregon
Medical Insurance Pool Board under ORS 735.600 to 735.650.
(17) 'Homeowner insurance' means insurance for residential
property consisting of a combination of property insurance and
casualty insurance that provides coverage for the risks of owning
or occupying a dwelling and that is not intended to cover an
owner's interest in rental property or commercial exposures.
(18) 'Individual' means a natural person who:
(a) In the case of life or health insurance, is a past, present
or proposed principal insured or certificate holder;
(b) In the case of other kinds of insurance, is a past, present
or proposed named insured or certificate holder;
(c) Is a past, present or proposed policyowner;
(d) Is a past or present applicant;
(e) Is a past or present claimant; or
(f) Derived, derives or is proposed to derive insurance
coverage under an insurance policy or certificate that is subject
to ORS 746.600 to 746.690.
(19) 'Individually identifiable health information' means any
oral or written health information that is:
(a) Created or received by a covered entity or a health care
provider that is not a covered entity; and
(b) Identifiable to an individual, including demographic
information that identifies the individual, or for which there is
a reasonable basis to believe the information can be used to
identify an individual, and that relates to:
(A) The past, present or future physical or mental health or
condition of an individual;
(B) The provision of health care to an individual; or
(C) The past, present or future payment for the provision of
health care to an individual.
(20) 'Institutional source' means a person or governmental
entity that provides information about an individual to an
insurer, insurance producer or insurance-support organization,
other than:
(a) An insurance producer;
(b) The individual who is the subject of the information; or
(c) A natural person acting in a personal capacity rather than
in a business or professional capacity.
(21) 'Insurance producer' or 'producer' means a person licensed
by the Director of the Department of Consumer and Business
Services as a resident or nonresident insurance producer.
(22) 'Insurance score' means a number or rating that is derived
from an algorithm, computer application, model or other process
that is based in whole or in part on credit history.
(23)(a) 'Insurance-support organization' means a person who
regularly engages, in whole or in part, in assembling or
collecting information about natural persons for the primary
purpose of providing the information to an insurer or insurance
producer for insurance transactions, including:
(A) The furnishing of consumer reports to an insurer or
insurance producer for use in connection with insurance
transactions; and
(B) The collection of personal information from insurers,
insurance producers or other insurance-support organizations for
the purpose of detecting or preventing fraud, material
misrepresentation or material nondisclosure in connection with
insurance underwriting or insurance claim activity.
(b) 'Insurance-support organization' does not mean insurers,
insurance producers, governmental institutions or health care
providers.
(24) 'Insurance transaction' means any transaction that
involves insurance primarily for personal, family or household
needs rather than business or professional needs and that
entails:
(a) The determination of an individual's eligibility for an
insurance coverage, benefit or payment; or
(b) The servicing of an insurance application, policy or
certificate.
(25) 'Insurer' has the meaning given that term in ORS 731.106.
(26) 'Investigative consumer report' means a consumer report,
or portion of a consumer report, for which information about a
natural person's character, general reputation, personal
characteristics or mode of living is obtained through personal
interviews with the person's neighbors, friends, associates,
acquaintances or others who may have knowledge concerning such
items of information.
(27) 'Licensee' means an insurer, insurance producer or other
person authorized or required to be authorized, or licensed or
required to be licensed, pursuant to the Insurance Code.
(28) 'Loss history report' means a report provided by, or a
database maintained by, an insurance-support organization or
consumer reporting agency that contains information regarding the
claims history of the individual property that is the subject of
the application for a homeowner insurance policy or the consumer
applying for a homeowner insurance policy.
(29) 'Nonaffiliated third party' means any person except:
(a) An affiliate of a licensee;
(b) A person that is employed jointly by a licensee and by a
person that is not an affiliate of the licensee; and
(c) As designated by the director by rule.
(30) 'Payment' includes but is not limited to:
(a) Efforts to obtain premiums or reimbursement;
(b) Determining eligibility or coverage;
(c) Billing activities;
(d) Claims management;
(e) Reviewing health care to determine medical necessity;
(f) Utilization review; and
(g) Disclosures to consumer reporting agencies.
(31)(a) 'Personal financial information' means:
(A) Information that is identifiable with an individual,
gathered in connection with an insurance transaction from which
judgments can be made about the individual's character, habits,
avocations, finances, occupations, general reputation, credit or
any other personal characteristics; or
(B) An individual's name, address and policy number or similar
form of access code for the individual's policy.
(b) 'Personal financial information' does not mean information
that a licensee has a reasonable basis to believe is lawfully
made available to the general public from federal, state or local
government records, widely distributed media or disclosures to
the public that are required by federal, state or local law.
(32) 'Personal information' means:
(a) Personal financial information;
(b) Individually identifiable health information; or
(c) Protected health information.
(33) 'Personal insurance' means the following types of
insurance products or services that are to be used primarily for
personal, family or household purposes:
(a) Private passenger automobile coverage;
(b) Homeowner, mobile homeowners, manufactured homeowners,
condominium owners and renters coverage;
(c) Personal dwelling property coverage;
(d) Personal liability and theft coverage, including excess
personal liability and theft coverage; and
(e) Personal inland marine coverage.
(34) 'Personal representative' includes but is not limited to:
(a) A person appointed as a guardian under ORS 125.305,
419B.370, 419C.481 or 419C.555 with authority to make medical and
health care decisions;
(b) A person appointed as a health care representative under
ORS 127.505 to 127.660 or 127.700 to 127.737 to make health care
decisions or mental health treatment decisions;
(c) A person appointed as a personal representative under ORS
chapter 113; and
(d) A person described in ORS 746.611.
(35) 'Policyholder' means a person who:
(a) In the case of individual policies of life or health
insurance, is a current policyowner;
(b) In the case of individual policies of other kinds of
insurance, is currently a named insured; or
(c) In the case of group policies of insurance under which
coverage is individually underwritten, is a current certificate
holder.
(36) 'Pretext interview' means an interview wherein the
interviewer, in an attempt to obtain personal information about a
natural person, does one or more of the following:
(a) Pretends to be someone the interviewer is not.
(b) Pretends to represent a person the interviewer is not in
fact representing.
(c) Misrepresents the true purpose of the interview.
(d) Refuses upon request to identify the interviewer.
(37) 'Privileged information' means information that is
identifiable with an individual and that:
(a) Relates to a claim for insurance benefits or a civil or
criminal proceeding involving the individual; and
(b) Is collected in connection with or in reasonable
anticipation of a claim for insurance benefits or a civil or
criminal proceeding involving the individual.
(38)(a) 'Protected health information' means individually
identifiable health information that is transmitted or maintained
in any form of electronic or other medium by a covered entity.
(b) 'Protected health information' does not mean individually
identifiable health information in:
(A) Education records covered by the federal Family Educational
Rights and Privacy Act (20 U.S.C. 1232g);
(B) Records described at 20 U.S.C. 1232g(a)(4)(B)(iv); or
(C) Employment records held by a covered entity in its role as
employer.
(39) 'Residual market mechanism' means an association,
organization or other entity involved in the insuring of risks
under ORS 735.005 to 735.145, 737.312 or other provisions of the
Insurance Code relating to insurance applicants who are unable to
procure insurance through normal insurance markets.
(40) 'Termination of insurance coverage' or 'termination of an
insurance policy' means either a cancellation or a nonrenewal of
an insurance policy, in whole or in part, for any reason other
than the failure of a premium to be paid as required by the
policy.
(41) 'Treatment' includes but is not limited to:
(a) The provision, coordination or management of health care;
and
(b) Consultations and referrals between health care providers.
SECTION 23. { + (1) Sections 5, 6 and 8 of this 2011 Act and
the amendments to ORS 192.519, 433.443, 676.150, 676.606,
676.992, 688.800, 688.805, 688.810, 688.815, 688.820, 688.825,
688.830, 688.834, 688.836, 688.838, 688.840 and 746.600 by
sections 1 to 4 and 10 to 22 of this 2011 Act become operative
January 1, 2012.
(2) Sections 7 and 9 of this 2011 Act become operative January
1, 2013. + }
SECTION 24. { + (1) The amendments to ORS 688.820 by section
10 of this 2011 Act apply to appointments to the Respiratory
Therapist and Polysomnographic Technologist Licensing Board made
on or after January 1, 2012.
(2) A member serving on the Respiratory Therapist Licensing
Board on December 31, 2011, continues to serve until the term of
office for which the member was appointed terminates by
expiration of time, resignation from the board by the member or
removal of the member from office. + }
SECTION 25. { + The Oregon Health Licensing Agency and the
Respiratory Therapist Licensing Board may take any action before
the operative dates specified in section 23 of this 2011 Act that
is necessary to enable the agency and the board to exercise, on
and after the operative dates specified in section 23 of this
2011 Act, all of the duties, functions and powers conferred on
the agency and the board by sections 5 to 9 of this 2011 Act and
the amendments to ORS 192.519, 433.443, 676.150, 676.606,
676.992, 688.800, 688.805, 688.810, 688.815, 688.820, 688.825,
688.830, 688.834, 688.836, 688.838, 688.840 and 746.600 by
sections 1 to 4 and 10 to 22 of this 2011 Act. + }
SECTION 26. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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