71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2922
House Bill 3618
Sponsored by Representative GARDNER; Representatives ACKERMAN,
BARNHART, BATES, GARRARD, HASS, HILL, HOPSON, LEE, LEONARD,
LOWE, MARCH, MERKLEY, MORRISETTE, ROSENBAUM, TOMEI, V WALKER,
WESTLUND, WILSON, ZAUNER, Senator CORCORAN (at the request of
Safe Hospital Coalition - Oregon AFL-CIO, Oregon AFSCME, OFN
HP/AFT, and UFCW)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires that health care facilities use nonlatex medical
products. Requires health care facilities to provide workers with
information and diagnostic services for ailments related to use
of latex.
Prohibits use of powdered latex products in health care
facility.
A BILL FOR AN ACT
Relating to use of latex.
Be It Enacted by the People of the State of Oregon: + }
SECTION 1. { + As used in sections 1 to 4 of this 2001 Act:
(1) 'Health care facility' means a:
(a) Health care facility, as defined in ORS 442.015;
(b) Residential care facility, as defined in ORS 443.400;
(c) Home health agency, as defined in ORS 443.005;
(d) Hospice program, as defined in ORS 443.850; or
(e) Medical or dental clinic.
(2) 'Health care worker' means a person who:
(a) Is employed by a health care facility;
(b) Is employed to work in a health care facility by an entity
that provides employees or services to a health care facility; or
(c) Provides services in patient care areas of a health care
facility, regardless of employment status.
(3) 'Latex' means the natural rubber latex manufactured from
fluid primarily obtained from the rubber tree (Hevea
brasiliensis). + }
SECTION 2. { + (1) A health care facility shall:
(a) Provide information to health care workers that is
sufficient to enable health care workers to recognize
latex-related symptoms, sensitivities or allergies and to
understand recognized methods that reduce exposure to latex,
including the use of nonlatex medical products.
(b) Inform health care workers of the requirement under
paragraph (e) of this subsection that the health care facility
must provide nonlatex medical products to health care workers
upon request.
(c) Inform health care workers about the right to diagnostic
services available under paragraph (d) of this subsection.
(d) Provide, upon request by a health care worker, diagnostic
services to a health care worker who reports symptoms that could
be related to latex exposure at the health care facility. The
diagnostic services shall be provided at no cost to the health
care worker.
(e) Provide nonlatex medical products to health care workers
who request to use those products in order to prevent or
ameliorate health conditions that may be related to latex
exposure, including but not limited to irritant contact
dermatitis, chemical sensitivity dermatitis or allergic or
hypersensitivity reactions to latex.
(2) A health care facility shall utilize nonlatex medical
products in caring for any patient who the facility knows or
should know is allergic or hypersensitive to latex.
(3) A health care facility may not:
(a) Permit use of powdered latex products in the facility; or
(b) Provide powdered latex products for use by health care
workers in the facility.
(4) A penalty for violation of subsection (1) or (3) of this
section shall be assessed by the Director of the Department of
Consumer and Business Services under ORS 654.086.
(5) A penalty for violation of subsection (2) or (3) of this
section shall be assessed as provided in section 3 of this 2001
Act. + }
SECTION 3. { + (1) The Department of Human Services may impose
upon a health care facility that violates any provision of
section 2 (2) or (3) of this 2001 Act a fine of not more than
$100 for the first violation and not more than $500 for each
subsequent violation. Each day of continuing violation after a
first violation shall be considered a subsequent violation.
(2) The department shall adopt criteria for establishing the
amount of a fine for a violation of section 2 (2) or (3) of this
2001 Act. In adopting the criteria, the department shall
consider:
(a) Any prior violation of laws or rules by the health care
facility;
(b) The financial benefits, if any, realized by the health care
facility as a result of the violation;
(c) The gravity of the violation, including the actual or
potential threat to the health, safety and well-being of one or
more health care workers or patients;
(d) The severity of the actual or potential harm caused by the
violation; and
(e) The health care facility's history of correcting violations
and preventing the recurrence of violations. + }
SECTION 4. { + (1) A health care facility shall keep posted in
a conspicuous place, on the premises of the health care facility
where notices to health care workers and applicants for
employment are customarily posted, a notice of the requirements
imposed by section 2 of this 2001 Act.
(2) The Bureau of Labor and Industries shall provide the
notices described in subsection (1) of this section for posting
by health care facilities.
(3) A health care facility that violates this section shall be
assessed a civil penalty not to exceed $100 for each day of the
violation. + }
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