168 sections in this chapter.
ORS 442.831 Powers of board relating to Oregon Patient Safety Reporting Program; rules; confidentiality of patient safety data. (1) Except as otherwise provided in ORS 442.819 to 442.851, 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
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(a) Developing a list of objective and definable 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. (b) Developing a budget. (c) …
ORS 442.835 Appointment of administrator. 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. [2003 c.686 §11]
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Note: See note under 442.819.
ORS 442.837 Oregon Patient Safety Reporting Program. (1) The Oregon Patient Safety Reporting Program is created in the Oregon Patient Safety Commission to establish a serious adverse event reporting system to learn from adverse events. The program shall include, but is not limited to
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(a) Reporting by participants, in a timely manner and in the form determined by the Oregon Patient Safety Commission Board of Directors established in ORS 442.830, of the following: (A) Serious adverse events; (B) Systems and practices designed to learn from and prevent adverse e…
ORS 442.839 Commission as central patient safety organization. (1) The Oregon Patient Safety Commission is the central agency in Oregon responsible for the collection of data and analyses produced by all entities in Oregon that are certified by the United States Department of Health and Human Services under 42 U.S.C. 299b-24 as patient safety organizations
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(2) The commission shall incorporate the data and analyses collected under this section in the preparation of reports required by ORS 442.837. [2009 c.436 §2] Note: See note under 442.819.
ORS 442.844 Patient safety data; use; disclosure. (1) Patient safety data reported to the Oregon Patient Safety Commission 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
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(2) Nothing in ORS 442.819 to 442.851 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…
ORS 442.846 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
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(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 ORS 442.820 (3) and, if permissible, f…
ORS 442.850 Fees. The Oregon Patient Safety Commission may assess fees on the entities described in ORS 442.837 (2)(a) to (f) as determined by the Oregon Patient Safety Commission Board of Directors to fund the operating costs of the Oregon Patient Safety Reporting Program. [2003 c.686 §6; 2007 c.476 §2]
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Note: See note under 442.819.
ORS 442.851 Limit on amounts collected to fund Oregon Patient Safety Reporting Program. (1) Amounts collected by the Oregon Patient Safety Commission under ORS 442.850 may not exceed $1.5 million for the fiscal year beginning on July 1, 2007, and ending on June 30, 2008
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(2) For every fiscal year beginning on or after July 1, 2008, the dollar amount specified in subsection (1) of this section shall be adjusted annually by the commission based upon the change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as publishe…
ORS 442.853 Legislative findings. The Legislative Assembly finds that Oregonians should be free from infections acquired during the delivery of health care. Action taken in this state to prevent health care acquired infections should be trustworthy, effective, transparent and reliable. [2007 c.838 §1]
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Note: 442.853 to 442.856 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 442 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 442.854 Definitions. As used in ORS 442.853 to 442.856
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(1) “Health care facility” has the meaning given that term in ORS 442.015. (2) “Health care acquired infection” means a localized or systemic condition that: (a) Results from an adverse reaction to the presence of an infectious agent or its toxin; and (b) Was not present or incub…
ORS 442.855 Oregon Health Care Acquired Infection Reporting Program established; rules. (1) There is established in the Oregon Health Authority the Oregon Health Care Acquired Infection Reporting Program. The program shall
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(a) Provide useful and credible infection measures, specific to each health care facility, to consumers; (b) Promote quality improvement in health care facilities; and (c) Utilize existing quality improvement efforts to the extent practicable. (2) The authority shall adopt rules …
ORS 442.856 Health Care Acquired Infection Advisory Committee established. (1) There is established the Health Care Acquired Infection Advisory Committee to advise the Director of the Oregon Health Authority regarding the Oregon Health Care Acquired Infection Reporting Program. The advisory committee shall consist of 16 members appointed by the director as follows
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(a) Seven of the members shall be health care providers or their designees, including: (A) A hospital administrator who has expertise in infection control and who represents a hospital that contains fewer than 100 beds; (B) A hospital administrator who has expertise in infection …
ORS 442.860 Comprehensive system of maternity care. The Legislative Assembly finds and declares that
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(1) Maternity care is the cornerstone of health care delivery in the state. It provides a proven, cost-effective foundation for improving the health of all Oregonians, and a healthy start in life allows our future citizens to achieve their full potential. (2) Although great strid…
ORS 442.870 Emergency Medical Services Enhancement Account; distribution of moneys in account. (1) The Emergency Medical Services Enhancement Account is established separate and distinct from the General Fund. Interest earned on moneys in the account shall accrue to the account. All moneys deposited in the account are continuously appropriated to the Department of Revenue for the purposes of this section
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(2) The Department of Revenue shall distribute moneys in the Emergency Medical Services Enhancement Account in the following manner: (a) 35 percent of the moneys in the account shall be transferred to the Office of Rural Health established under ORS 442.475 for the purpose of enh…
ORS 442.990 [Amended by 1955 c.533 §9; repealed by 1977 c.717 §23]
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PENALTIES
ORS 442.991 Civil penalties for failure to report proposed capital projects. (1) Any reporting entity that fails to report as required by rules of the Oregon Health Authority adopted pursuant to ORS 442.362 may be subject to a civil penalty
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(2) The authority shall adopt a schedule of penalties, not to exceed $500 per day of violation, that are based on the severity of the violation. (3) Civil penalties imposed under this section shall be imposed as provided in ORS 183.745. (4) Civil penalties imposed under this sect…
ORS 442.993 Civil penalties for failure to report health care data. (1) The Oregon Health Authority shall adopt a schedule of civil penalties not to exceed $500 per day of violation, determined by the severity of the violation, for
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(a) Any reporting entity that fails to report as required by ORS 442.373 or rules adopted by the authority. (b) Any provider or payer that fails to report cost growth data or to develop and implement a performance improvement plan if required by ORS 442.386 or rules adopted by th…
ORS 442.994 Civil penalty for failure to perform. (1) Any health care facility that fails to perform as required in ORS 442.602 and 442.400 to 442.463 or 442.855, and rules of the Oregon Health Authority may be subject to a civil penalty
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(2) The Oregon Health Authority shall adopt a schedule of penalties not to exceed $500 per day of violation, determined by the severity of the violation. (3) Civil penalties under this section shall be imposed as provided in ORS 183.745. (4) Civil penalties imposed under this sec…