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 3535
 
                           A-Engrossed
 
                         Senate Bill 769
                 Ordered by the Senate April 27
           Including Senate Amendments dated April 27
 
Sponsored by Senator HANNON (at the request of Juvenile Diabetes
  Research Foundation, Oregon/SW Washington Chapter)
 
 
                             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.
 
  Directs   { - Department of Education - }   { + Health
Division + } to conduct annual survey on number of Oregon
children with diabetes.
  Directs physicians to report to   { - Health - }  division
cases of diabetes among Oregon children.
   { +  Requires division to establish statewide diabetes
database.
  Provides that identifying information collected is confidential
and privileged. + }
 
                        A BILL FOR AN ACT
Relating to diabetes.
Be It Enacted by the People of the State of Oregon:
  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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