71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2700
LC 1887/HB 2700-4
HOUSE AMENDMENTS TO
HOUSE BILL 2700
By COMMITTEE ON JUDICIARY
April 12
On page 1 of the printed bill, line 2, after 'providers '
insert '; creating new provisions; and amending ORS 441.057 and
659.095'.
In line 7, delete 'a'.
Delete lines 8 through 12 and insert:
' (a) An acute inpatient care facility, as defined in ORS
442.470; or
' (b) A dialysis center.'.
On page 2, line 2, after 'manager' insert ', a private
accreditation organization'.
In line 7, after 'a' insert 'private accreditation organization
or a'.
In line 21, after the second 'a' insert 'private accreditation
organization or a'.
In line 34, after 'a' insert 'private accreditation
organization or a'.
On page 3, line 10, delete the first 'Attorney General' and
insert 'Commissioner of the Bureau of Labor and Industries' and
delete the second 'Attorney General' and insert ' commissioner'.
In line 11, delete 'Attorney General' and insert '
commissioner'.
Delete lines 21 through 32 and insert:
' { + SECTION 4. + } (1) A health care facility that takes
any retaliatory action described in section 2 of this 2001 Act
against a health care provider commits an unlawful employment
practice.
' (2) A health care provider claiming to be aggrieved by an
alleged violation of section 2 of this 2001 Act may file a
complaint with the Commissioner of the Bureau of Labor and
Industries in the manner provided by ORS 659.040. The
commissioner shall enforce the provisions of section 2 of this
2001 Act in the manner provided in ORS 659.010 to 659.110
regarding unlawful employment practices.'.
In line 36, delete '2 to 4' and insert '2, 3 and 4'.
In line 40, delete '$100' and insert '$500'.
In line 42, before 'Nothing' insert '(1) Except as provided in
subsection (2) of this section,'.
After line 44, insert:
' (2) Sections 3 and 4 of this 2001 Act provide the only
remedies under state law for a health care provider, as defined
in section 1 of this 2001 Act, for an alleged violation of
section 2 of this 2001 Act by an acute inpatient care facility or
a dialysis center.
' { + SECTION 7. + } ORS 659.095 is amended to read:
' 659.095. (1) If, within one year following the filing of a
complaint { - pursuant to - } { + under + } ORS 659.040 (1)
or 659.045 (1) { + or section 4 of this 2001 Act + } except a
complaint alleging violations of ORS 30.670 or 30.685, the
Commissioner of the Bureau of Labor and Industries has been
unable to obtain a conciliation agreement with a respondent, or
has not caused to be prepared and attempted to serve the specific
charges referred to in ORS 659.060 (1), the commissioner shall so
notify the complainant in writing and within 90 days after the
date of mailing of such notice, the complainant may file a civil
suit as provided for in ORS 659.121 { + or section 3 of this
2001 Act + }. Within one year following the filing of the
complaint, the commissioner may issue, or cause to be issued, an
administrative determination. If no administrative determination
has been issued at the end of the one-year period, the
commissioner has no further authority to continue proceedings to
resolve the complaint, except as provided in ORS 659.070 and
659.085. If prior to the expiration of one year from the filing
of a complaint pursuant to this section the commissioner
dismisses the complaint for any reason other than a dismissal
pursuant to ORS 659.060 (3), or the complainant requests the
commissioner to terminate proceedings with respect to the
complaint, the commissioner shall notify the complainant of said
dismissal or termination in writing, and within 90 days after the
date of mailing of such notice of dismissal or termination, a
civil suit may be filed as provided for in ORS 659.121 { + or
section 3 of this 2001 Act + }.
' (2) As used in this section, 'administrative determination '
means a written notice to the respondent and the complainant
signed by the commissioner, or the commissioner's designee, which
includes, but is not limited to, the following information:
' (a) The name of the complainant;
' (b) The name of the respondent;
' (c) Allegations contained in the complaint;
' (d) Facts found by the commissioner to have a bearing on the
allegations contained in the complaint in the course of any
investigation, conference or other information gathering function
of the Bureau of Labor and Industries as such facts relate to
laws within the bureau's jurisdiction; and
' (e) A statement as to whether investigation of the complaint
has disclosed any substantial evidence supporting the allegations
of the complaint.
' { + SECTION 8. + } ORS 441.057 is amended to read:
' 441.057. (1) Rules adopted by the Health Division or the
Senior and Disabled Services Division pursuant to ORS 441.055
shall include procedures for the filing of complaints as to the
standard of care in any health care facility and provide for the
confidentiality of the identity of any complainant.
' (2) No health care facility, or person acting in the interest
of the facility, shall take any disciplinary or other adverse
action against any employee who in good faith brings evidence of
inappropriate care or any other violation of law or rules to the
attention of the proper authority solely because of the
employee's action as described in this subsection.
' (3) Any employee who has knowledge of inappropriate care or
any other violation of law or rules shall utilize established
reporting procedures of the health care facility administration
before notifying the Health Division, the Senior and Disabled
Services Division or other state agency of the alleged violation,
unless the employee believes that patient health or safety is in
immediate jeopardy or the employee makes the report to the Health
Division or the Senior and Disabled Services Division under the
confidentiality provisions of subsection (1) of this section.
' (4) The protection of health care facility employees under
subsection (2) of this section shall commence with the reporting
of the alleged violation by the employee to the administration of
the health care facility or to the Health Division, the Senior
and Disabled Services Division or other state agency pursuant to
subsection (3) of this section.
' (5) Any person suffering loss or damage due to any violation
of subsection (2) of this section has a right of action for
damages in addition to other appropriate remedy.
' { + (6) The provisions of this section do not apply to a
health care provider, as defined in section 1 of this 2001 Act,
who claims to be aggrieved by a violation of section 2 of this
2001 Act by an acute inpatient care facility or a dialysis
center. + } ' .
In line 45, delete '7' and insert '9' and after 'Act ' insert
'and the amendments to ORS 441.057 and 659.095 by sections 7 and
8 of this 2001 Act'.
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