71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 769
 
LC 3535/SB 769-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 769
 
            By COMMITTEE ON HEALTH AND HUMAN SERVICES
 
                            April 27
 
  Delete lines 4 through 27 of the printed bill and insert:
  '  { +  SECTION 1. + }  { + (1) 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. + } ' .
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