Title 36, Public Health and Safety

A registered nurse at a hospital may not place a patient at risk of harm by leaving a patient care assignment during an agreed upon shift or an agreed upon extended shift without authorization from the appropriate supervisory personnel. [Formerly 441.168] Note: See note under 441…

(1)(a) For each hospital there shall be established a hospital professional and technical staffing committee. A hospital professional and technical staffing committee shall consist of an equal number of hospital professional and technical managers and professional and technical s…

(1)(a) For each hospital there shall be established a hospital service staffing committee. A hospital service staffing committee shall consist of an equal number of service staff managers and service staff who work at the hospital. (b) If the service staff who work at the hospita…

(1) A hospital nurse staffing committee, a professional and technical staffing committee and a hospital service staffing committee may, by mutual agreement, combine two or more of the staffing committees into one committee if: (a) The structures of the committees to be combined m…

Upon request of a hospital, the Oregon Health Authority may grant a variance to the written hospital-wide staffing plan requirements described in ORS 441.761 to 441.795 if the variance is necessary to ensure that the hospital is staffed to meet the health care needs of patients. …

A hospital shall keep and maintain records necessary to demonstrate compliance with ORS 441.761 to 441.795. A hospital must provide records kept and maintained under this section to the Oregon Health Authority upon request. [Formerly 441.173] Note: See note under 441.761.

The Oregon Health Authority shall post on a website maintained by the authority: (1) The hospital staffing plans received by the authority under ORS 441.761 to 441.795; (2) Any report, described in ORS 441.791 (2)(d), made pursuant to an investigation of a complaint for which the…

On each hospital unit, a hospital shall post a notice summarizing the provisions of ORS 441.761 to 441.795 in a place that is clearly visible to the public that includes a phone number for purposes of reporting a violation of the laws. [Formerly 441.169] Note: See note under 441.…

(1) As used in this section, “employee” and “exclusive representative” have the meanings given those terms in ORS 653.258. (2) The Oregon Health Authority shall implement a process for an employee or an employee’s exclusive representative to file a complaint against a hospital un…

(1) As used in this section, “valid complaint” means a complaint containing an allegation that, if assumed to be true, is a violation listed in ORS 441.792. (2) To ensure compliance with ORS 441.761 to 441.795, the Oregon Health Authority shall: (a) Establish a method by which a …

(1) Following the receipt of a complaint and completion of an investigation described in ORS 441.791, for a violation described in subsection (2) of this section, the Oregon Health Authority shall: (a) Issue a warning for the first violation in a four-year period; (b) Impose a ci…

(1) The Oregon Health Authority shall impose civil penalties in the manner provided in ORS 183.745 for a violation listed in ORS 441.792. (2) The authority may suspend or revoke the license of a hospital, in the manner provided in ORS 441.030, for a violation described in ORS 441…

(1) The Oregon Health Authority may adopt rules necessary to carry out ORS 441.761 to 441.795 only with respect to: (a) The processing of complaints under ORS 441.791; (b) The processing of complaints regarding meal breaks and rest breaks under ORS 441.790; (c) The requirements f…

(1) As used in this section: (a) “Hospital” has the meaning given that term in ORS 442.015. (b) “Inhalant delivery system” has the meaning given that term in ORS 431A.175. (2) The administrator or person in charge of a hospital may not permit a person to smoke tobacco or use an i…

(1) Subject to subsection (2) of this section, from October 1 through March 1 of each year, each hospital in this state shall make an offer to each patient of the hospital who is 65 years of age or older to immunize the patient against the influenza virus, provided that immunizat…

(1) When a health care facility restricts or terminates the privileges of a physician to practice medicine at that facility, it shall promptly report, in writing, to the Oregon Medical Board all the facts and circumstances that resulted in the restriction or termination. (2) A he…

(1) A governing body of a hospital licensed under ORS 441.015 to 441.119 and 441.993 may require all members of its medical staff to: (a) Provide evidence of professional medical liability insurance in a reasonable amount as specified by the hospital governing board; (b) Post a b…

(1) Violation of ORS 441.015 (1) is a Class B violation. Each day of continuing violation after a first conviction shall be considered a subsequent violation. (2) Any person who willfully prevents, interferes with, or attempts to impede in any way the work of any duly authorized …

If the Health Licensing Office or the appropriate health professional regulatory board takes disciplinary action under ORS 441.099, the office or board may also impose a civil penalty of not more than $1,000 on a health practitioner for violating ORS 441.098 (2), (3), (4) or (5).…

(1) In addition to any other penalty or remedy provided by law, the Oregon Health Authority may impose a civil penalty of up to $10,000 for each violation of ORS 441.048 or 441.049. (2) Moneys received under this section shall be paid into the General Fund. (3) Civil penalties sh…

A care facility that violates the provisions of ORS 441.111 to 441.119 and 441.993, or that employs a staff member who violates the provisions of ORS 441.111 to 441.119 and 441.993, shall be subject to civil penalties or other administrative action as may be provided under ORS 44…

There is created in the Oregon Health Authority the Health Policy and Analytics Division. The Director of the Health Policy and Analytics Division shall be appointed by the Director of the Oregon Health Authority. The Director of the Health Policy and Analytics Division shall be …

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, for the purpose of us…

(1) The Legislative Assembly finds that the achievement of reasonable access to quality health care at a reasonable cost is a priority of the State of Oregon. (2) Problems preventing the priority in subsection (1) of this section from being attained include: (a) The inability of …

(1) Any new hospital or new skilled nursing or intermediate care service or facility not excluded pursuant to ORS 441.065 shall obtain a certificate of need from the Oregon Health Authority prior to an offering or development. (2) The authority shall adopt rules specifying criter…

(1) A certificate of need shall be required for the development or establishment of a health care facility of any new health maintenance organization. (2) Any activity of a health maintenance organization which does not involve the direct delivery of health services, as distingui…

(1) Notwithstanding any other provision of law, a hospital licensed under ORS 441.025, in accordance with rules adopted by the Oregon Health Authority, may apply for waiver from the provisions of ORS 442.325, and the authority shall grant the waiver if, for the most recently comp…

In furtherance of the purpose and intent of the Legislative Assembly as expressed in ORS 442.310 to achieve reasonable access to quality health care at a reasonable cost, the requirements of ORS 442.325 shall not apply to ambulatory surgical centers performing only ophthalmic sur…

A rural hospital exempted from the certificate of need requirement by ORS 442.315 (8) shall report any action taken by the hospital that would have required a certificate of need if the exemption did not exist. [1993 c.722 §4] Note: 442.347 was enacted into law by the Legislative…

As used in this section and ORS 442.362 and 442.991: (1)(a) “Capital project” means: (A) The construction, development, purchase, renovation or any construction expenditure by or on behalf of a reporting entity, for which the cost: (i) For type A hospitals, exceeds five percent o…

The Oregon Health Authority may adopt rules requiring reporting entities within the state to publicly report proposed capital projects. Rules adopted under this section must: (1) Require a reporting entity to establish on the home page of its website a prominently labeled link to…

(1) In order to provide data essential for health planning programs: (a) The Oregon Health Authority shall obtain directly from each hospital licensed to operate in this state, or from a third party working on behalf of or by contract with the hospital, the following information …

As used in this section and ORS 442.373, “reporting entity” means: (1) An insurer as defined in ORS 731.106 or fraternal benefit society as described in ORS 748.106 required to have a certificate of authority to transact health insurance business in this state. (2) A health care …

(1) The Oregon Health Authority shall establish and maintain a program that requires reporting entities to report health care data for the following purposes: (a) Determining the maximum capacity and distribution of existing resources allocated to health care. (b) Identifying the…

As used in this section and ORS 442.386: (1) “Frontline worker” means any worker whose total annual compensation is less than $200,000, adjusted annually to reflect any percentage changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published b…

(1) The Legislative Assembly intends to establish a health care cost growth target, for all providers and payers, to: (a) Support accountability for the total cost of health care across all providers and payers, both public and private; (b) Build on the state’s existing efforts a…

(1) The Oregon Health Authority shall prescribe by rule a uniform payment methodology for hospital and ambulatory surgical center services that: (a) Incorporates the most recent Medicare payment methodologies established by the Centers for Medicare and Medicaid Services, or simil…

(1) A hospital or ambulatory surgical center shall bill and accept as payment in full an amount determined in accordance with ORS 243.256 and 243.879, if applicable, or the payment methodology prescribed by the Oregon Health Authority under ORS 442.392. (2) This section does not …

An insurer, as defined in ORS 731.106, that contracts with the Oregon Health Authority, including with the Public Employees’ Benefit Board and the Oregon Educators Benefit Board, to provide health insurance coverage for state employees, educators or medical assistance recipients …

As used in ORS 442.400 to 442.463, unless the context requires otherwise, “health care facility” or “facility” means such facility as defined by ORS 442.015, exclusive of a long term care facility, and includes all publicly and privately owned and operated health care facilities,…

The Legislative Assembly finds that rising costs and charges of health care facilities are a matter of vital concern to the people of this state. The Legislative Assembly finds and declares that it is the policy of this state: (1) To require health care facilities to file for pub…

(1) The Oregon Health Authority may apply for, receive and accept grants, gifts, payments and other funds and advances, appropriations, properties and services from the United States, the State of Oregon or any governmental body, agency or agencies or from any other public or pri…

(1) The Oregon Health Authority by rule may specify one or more uniform systems of financial reporting necessary to meet the requirements of ORS 442.400 to 442.463. Such systems shall include such cost allocation methods as may be prescribed and such records and reports of revenu…

(1) Whenever a further investigation is considered necessary or desirable by the Oregon Health Authority to verify the accuracy of the information in the reports made by health care facilities, the authority may make any necessary further examination of the facility’s records and…

The following are not subject to ORS 442.400 to 442.463: (1) Physicians in private practice, solo or in a group or partnership, who are not employed by, or hold ownership or part ownership in, a health care facility; or (2) Health care facilities described in ORS 441.065. [1977 c…

In order to obtain regional or statewide data about the utilization and cost of health care services, the Oregon Health Authority may accept information relating to the utilization and cost of health care services identified by the authority from physicians, insurers or other thi…

(1) Each licensed health facility shall file with the Oregon Health Authority an annual report containing such information related to the facility’s utilization as may be required by the authority, in such form as the authority prescribes by rule. (2) The annual report shall cont…

As used in ORS 442.470 to 442.507: (1) “Acute inpatient care facility” means a licensed hospital with an organized medical staff, with permanent facilities that include inpatient beds, and with comprehensive medical services, including physician services and continuous nursing se…

There is created the Office of Rural Health in the Oregon Health and Science University. [1979 c.513 §2; 1987 c.660 §13; 1989 c.708 §4]

(1) There is established the Rural Health Care Revolving Account in the General Fund. (2) All moneys appropriated for the purposes of ORS 442.470 to 442.507 and all moneys paid to the Office of Rural Health by reason of loans, fees, gifts or grants for the purposes of ORS 442.470…