Chapter 269 Oregon Laws 2003

AN ACT

SB 191

Relating to expansion of statewide registry of information about certain medical conditions; amending ORS 432.500, 432.510, 432.520, 432.530, 432.540, 432.550 and 432.570.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 432.500 is amended to read:

432.500. As used in ORS 432.510 to 432.550 and 432.900:

(1) “Clinical laboratory” means a facility where microbiological, serological, chemical, hematological, immunohematological, immunological, toxicological, cytogenetical, exfoliative cytological, histological, pathological or other examinations are performed on material derived from the human body, for the purpose of diagnosis, prevention of disease or treatment of patients by physicians, dentists and other persons who are authorized by license to diagnose or treat humans.

[(1)] (2) [“Division”] “Department” means [the Health Division of] the Department of Human Services or its authorized representative.

[(2)] (3) “Health care facility” means a hospital, as defined in ORS 442.015 (19), or an ambulatory surgical center, as defined in ORS 442.015.

[(3)] (4) “Practitioner” means any person whose professional license allows the person to diagnose or treat cancer in patients.

SECTION 2. ORS 432.510 is amended to read:

432.510. (1) The Department of Human Services shall establish a uniform, statewide, population-based [cancer] registry system for the collection of information determining the incidence of cancer and benign tumors of the brain and central nervous system and related data. The purpose of the registry shall be to provide information to design, target, monitor, facilitate and evaluate efforts to determine the causes or sources of cancer and benign tumors among the residents of Oregon and to reduce the burden of cancer and benign tumors in Oregon. Such efforts may include but are not limited to:

(a) Targeting populations in need of cancer screening services or evaluating screening or other cancer control services;

(b) Supporting the operation of hospital registries in monitoring and upgrading [cancer] the care and the end results of treatment for cancer and benign tumors;

(c) Investigating suspected clusters or excesses of cancer and benign tumors both in occupational settings and in the state’s environment generally;

(d) Conducting studies to identify cancer hazards to the public health and cancer hazard remedies; and

(e) Projecting the benefits or costs of alternative policies regarding [cancer] the prevention or treatment of cancer and benign tumors.

(2) The department shall adopt rules necessary to carry out the purposes of ORS 432.510 to 432.550 and 432.900, including but not limited to designating which types of cancer and benign tumors of the brain and central nervous system are reportable to the statewide [cancer] registry, the data to be reported, the data reporting standards and format and the effective date after which reporting by health care facilities, clinical laboratories and practitioners shall be required. When adopting rules under this subsection, the department shall, to the greatest extent practicable, conform the rules to the standards and procedures established by the American College of Surgeons Commission on Cancer, with the goal of achieving uniformity in the collection and reporting of data.

(3) The department shall:

(a) Conduct a program of epidemiologic analyses of [cancer] registry data collected under subsection (1) of this section to assess [cancer] control, [cancer] prevention, [cancer] treatment and [cancer] causation of cancer and benign tumors in Oregon; and

(b) Utilize the data to promote, facilitate and evaluate programs designed to reduce the burden of cancer and benign tumors among the residents of Oregon.

(4) The department shall:

(a) Collaborate in [cancer] studies of cancer and benign tumors with clinicians and epidemiologists and publish reports on the results of such studies; and

(b) Cooperate with the National Institutes of Health and the Centers for Disease Control in providing [cancer] incidence data for cancer and benign tumors.

(5) The department shall establish a training program for the personnel of participating health care facilities and a quality control program for [cancer] data for cancer and benign tumors reported to the state registry.

SECTION 3. ORS 432.520 is amended to read:

432.520. (1) Except as provided in subsection (2) of this section, any health care facility in which [cancer] patients are diagnosed or provided treatment for cancer or benign tumors of the brain and central nervous system shall report each case of cancer or benign tumors of the brain and central nervous system to the Department of Human Services within a time period and in a format prescribed by the department. The department shall provide, at cost, reporting services to any health care facility at the option of the health care facility. Health care facilities may also purchase reporting services from another facility or commercial vendor. If a health care facility is unable to report in conformance with the format and standards prescribed by the department, the department may, after consultation with the health care facility, elect to activate its reporting service for the facility. When activated, the department may enter the facility, obtain the information and report it in conformance with the appropriate format and standards. In these instances, the facility shall reimburse the department or its authorized representative for the cost of obtaining and reporting the information.

(2) Upon application to the department by a health care facility, the department shall grant to the health care facility an extension of time in which to meet the reporting requirements of this section. In no event shall the extension of time exceed two years from the date of application.

(3) Any practitioner diagnosing or providing treatment to [cancer] patients with cancer or benign tumors of the brain and central nervous system shall report each [cancer] case to the department or its authorized representative within a time period and in a format prescribed by the department. Those cases diagnosed or treated at an Oregon health care facility or previously admitted to an Oregon health care facility for diagnosis or treatment of that instance of cancer or benign tumors of the brain and central nervous system shall be considered by the department to have been reported by the health care practitioner.

(4) Any clinical laboratory diagnosing cases of cancer or benign tumors of the brain and central nervous system shall report each case to the department or its authorized representative within a time period and in a format prescribed by the department.

[(4)] (5) For the purpose of assuring the accuracy and completeness of reported data, the department shall have the right to periodically review all records that would:

(a) Identify cases of cancer and benign tumors [or would establish characteristics of the cancer], the treatment of the cancer or benign tumors or the medical status of any [identified cancer] patient identified as being treated for cancer or benign tumors; or

(b) Establish characteristics of the cancer or benign tumors.

[(5)] (6) The department may conduct special studies of cancer morbidity and mortality. As part of such studies, [cancer] registry personnel may obtain additional information that applies to a patient’s cancer or benign tumors and that may be in the medical record of the patient. The record holder may either provide the requested information to the [cancer] registry personnel or provide the [cancer] registry personnel access to the relevant portions of the patient’s medical record. Neither the department nor the record holder shall bill the other for the cost of providing or obtaining this information.

SECTION 4. ORS 432.530 is amended to read:

432.530. (1) All identifying information regarding individual patients, health care facilities and practitioners reported pursuant to ORS 432.520 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 or agent shall be examined in an administrative or judicial proceeding as to the existence or contents of data collected under the [cancer] registry system for cancer and benign tumors of the brain and central nervous system.

(2) All additional information reported in connection with a special study shall be confidential and privileged and shall be used solely for the purposes of the study, as provided by ORS 432.060. Nothing in this section shall prevent the Department of Human Services from publishing statistical compilations relating to morbidity and mortality studies that do not identify individual cases or prevent use of this data by third parties to conduct research as provided by ORS 432.540 (1).

SECTION 5. ORS 432.550 is amended to read:

432.550. (1) No action for damages arising from the disclosure of confidential or privileged information may be maintained against any person, or the employer or employee of any person, who participates in good faith in the reporting of [cancer] registry data for cancer or benign tumors of the brain and central nervous system or data for cancer morbidity or mortality studies in accordance with ORS 432.510 to 432.540 and 432.900.

(2) No license of a health care facility or practitioner may be denied, suspended or revoked for the good faith disclosure of confidential or privileged information in the reporting of [cancer] registry data for cancer or benign tumors of the brain and central nervous system or data for cancer morbidity or mortality studies in accordance with ORS 432.510 to 432.540 and 432.900.

(3) Nothing in this section shall be construed to apply to the unauthorized disclosure of confidential or privileged information when such disclosure is due to gross negligence or willful misconduct.

SECTION 6. ORS 432.540 is amended to read:

432.540. (1) The Department of Human Services shall adopt rules under which confidential data may be used by third parties to conduct research and studies for the public good. Research and studies conducted using confidential data from the statewide registry must be reviewed and approved by the Committee for the Protection of Human Research Subjects established in accordance with 45 C.F.R. 46.

(2) The department may enter into agreements to exchange information with other [cancer] registries for cancer and benign tumors of the brain and central nervous system in order to obtain complete reports of Oregon residents diagnosed or treated in other states and to provide information to other states regarding the residents of other states diagnosed or treated in Oregon. Prior to providing information to any other registry, the department shall ensure that the recipient registry has comparable confidentiality protections.

SECTION 7. ORS 432.570 is amended to read:

432.570. Nothing in ORS 432.510 to 432.550 and 432.900 shall prohibit a health care facility from operating its own [cancer] registry for cancer and benign tumors of the brain and central nervous system or require a health care facility to operate its own [cancer] registry for cancer and benign tumors.

Approved by the Governor June 10, 2003

Filed in the office of Secretary of State June 11, 2003

Effective date January 1, 2004

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