Chapter 314 Oregon Laws 2001
AN ACT
SB 104
Relating to medical privacy;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
(1) There is established an Advisory
Committee on Privacy of Medical Information and Records for the purposes of
carrying out the provisions of sections 1 to 4 of this 2001 Act.
(2) The committee shall
consist of 17 members.
(3) The composition of
the committee shall be as follows:
(a) Five representatives
appointed by the Governor from public or state agencies, including but not
limited to:
(A) The Department of
Consumer and Business Services.
(B) The Board of Medical
Examiners.
(C) The Department of
Human Services.
(b) Five representatives
appointed by the Speaker of the House of Representatives and five
representatives appointed by the President of the Senate from persons who are:
(A) Medical care
professionals;
(B) Physical health and
mental health professionals;
(C) Medical care
insurers and health care service contractors;
(D) Representatives of
medical care facilities and other providers; or
(E) Attorneys practicing
in the field of health care.
(c) Two representatives
from the general public appointed by the Governor.
(4) The Department of
Consumer and Business Services shall provide staff for the Advisory Committee
on Privacy of Medical Information and Records. The department may seek public
and private funds to assist in the work of the committee.
SECTION 2.
(1) The Advisory Committee on Privacy of
Medical Information and Records shall select one of its members as chairperson
and another as vice chairperson, for such terms and with duties and powers
necessary for the performance of the functions of such offices as the committee
determines.
(2) A majority of the
members of the committee constitutes a quorum for the transaction of business.
(3) The council shall
meet at times and places specified by the call of the chairperson or of a
majority of the members of the committee.
SECTION 3.
(1) The Advisory Committee on Privacy of
Medical Information and Records shall adopt rules necessary for the
administration of sections 1 to 4 of this 2001 Act.
(2) The committee shall:
(a) Study the factors
associated with protecting the privacy of medical information and records,
including the creation, transmission, storage and disposal of medical
information and records;
(b) Analyze the impact
of federal laws, including but not limited to the Health Insurance Portability
and Accountability Act of 1996, on inconsistent or conflicting state laws; and
(c) Recommend changes to
state laws to ensure compliance with federal laws.
(3) The committee shall
report to the Seventy-second Legislative Assembly in the manner provided by ORS
192.245 on the results of its studies and shall make any recommendations for
legislative changes it considers necessary or appropriate for the
implementation of the recommendations of the committee.
SECTION 4.
(1) The Advisory Committee on Privacy of
Medical Information and Records may establish such advisory and technical
committees as it considers necessary to aid and advise the committee in the
performance of its functions. The committee shall determine the representation,
membership, terms and organizations of the committees and shall appoint
committee members.
(2) Members of the
committees are not entitled to compensation, but at the discretion of the
Director of the Department of Consumer and Business Services may be reimbursed
for actual and necessary travel and other expenses incurred by them in the
performance of their official duties, subject to ORS 292.495.
SECTION 5.
This 2001 Act is repealed on December
31, 2003.
SECTION 6.
This 2001 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2001 Act
takes effect on its passage.
Approved by the Governor
June 5, 2001
Filed in the office of
Secretary of State June 5, 2001
Effective date June 5, 2001
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