71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 104
 
Sponsored by Senator FISHER; Representative NELSON
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
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:
 
 
 
Enrolled Senate Bill 104 (SB 104-A)                        Page 1
 
 
 
  (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. + }
                         ----------
 
 
Passed by Senate April 10, 2001
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 17, 2001
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 104 (SB 104-A)                        Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 104 (SB 104-A)                        Page 3