Chapter 719 Oregon Laws 2001
AN ACT
SB 769
Relating to diabetes.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
(1) Subject to available funding,
including gifts, grants or donations, the Health Division shall establish a
uniform, statewide database for the collection of information on Type I and
Type II diabetes occurring in children in Oregon. The purposes of the database
shall be to collect and serve as a repository for data about the prevalence and
incidence of diabetes occurring in the pediatric population of this state and
to make the data available for scientific and medical research and for
assistance in making decisions about the allocation of public resources.
(2) The database
established by subsection (1) of this section shall include data provided to
the division by schools and physicians as required by sections 2 and 3 of this
2001 Act.
(3) The division shall
adopt rules:
(a) Necessary to carry
out the purposes of sections 1 to 4 of this 2001 Act, including but not limited
to the reporting format and the effective date after which reporting by schools
and physicians shall be required; and
(b) Under which
confidential data may be used by third parties to conduct research and studies
for the public good.
SECTION 2.
The Health Division shall conduct an
annual survey, to be completed by June 15, of all public schools, public
charter schools and registered private schools in Oregon to collect data about
diabetes occurring in students. Each school surveyed shall report to the
division for each student enrolled at the school who has Type 1 or Type II
diabetes:
(1) The name and address
of the student;
(2) The gender of the
student;
(3) The date of birth of
the student;
(4) The type of diabetes
diagnosed; and
(5) The date of diagnosis.
SECTION 3.
(1) As used in this section, “child”
means an individual 18 years of age or younger.
(2) In accordance with
section 1 of this 2001 Act, upon diagnosing or first treating a child with Type
I or Type II diabetes, a physician shall report to the Health Division:
(a) The name and address
of the child;
(b) The gender of the
child;
(c) The date of birth of
the child;
(d) The type of diabetes
the child has; and
(e) The date of
diagnosis or first treatment by the reporting physician.
SECTION 4.
All identifying information regarding
individual children that is reported to the Health Division pursuant to
sections 1 to 4 of this 2001 Act shall be confidential and privileged. Except
as required in connection with the administration or enforcement of public
health laws or rules, no public health official, employee, agent or other
person entitled to access or use data under sections 1 to 4 of this 2001 Act
shall be examined in an administrative or judicial proceeding as to the
existence or contents of data in the database established under this 2001 Act.
Research and studies conducted using confidential data from the statewide
database must be reviewed and approved by the body used by the division as the
Committee for the Protection of Human Research Subjects and established in
accordance with 45 C.F.R. 46.
Approved by the Governor
July 2, 2001
Filed in the office of
Secretary of State July 2, 2001
Effective date January 1,
2002
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