72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2165
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Board of Medical Examiners for the State of
Oregon)
CHAPTER ................
AN ACT
Relating to required reporting to Board of Medical Examiners for
the State of Oregon; creating new provisions; and amending ORS
127.885 and 677.415.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 677.415 is amended to read:
677.415. { + (1) As used in this section:
(a) 'Health care facility' means a facility licensed under ORS
441.015 to 441.087.
(b) 'Official action, incident or event' means a restriction,
limitation, loss or denial of privileges of a licensee to
practice medicine, any formal action taken against a licensee by
a government agency or a health care facility based on a finding
of medical incompetence, unprofessional conduct or licensee
impairment, or the withdrawal by a licensee from the practice of
medicine or podiatry. + }
{ - (1) - } { + (2) + } The Board of Medical Examiners
{ - for the State of Oregon - } on its own motion may
investigate any evidence { - which - } { + that + } appears
to show that a licensee licensed by the board is or may be
medically incompetent or is or may be guilty of unprofessional or
dishonorable conduct or is or may be an impaired
{ - physician - } { + licensee + } unable safely to engage in
the practice of medicine or podiatry.
{ - (2) - } { + (3) + } { - Any health care facility
licensed under ORS 441.015 to 441.087 and 441.820, any - }
{ + A + } licensee licensed by the board, the Oregon Medical
Association, Inc., or any component society thereof, the
Osteopathic Physicians and Surgeons of Oregon, Inc. or the Oregon
Podiatric Medical Association shall { + report within 10
working days + }, and any other person may { - , - }
report { + , + } to the board any information such licensee,
association, society or person may have { - which - }
{ + that + } appears to show that a licensee is or may be
medically incompetent or is or may be guilty of unprofessional or
dishonorable conduct or is or may be an impaired
{ - physician - } { + licensee + } unable safely to engage in
the practice of medicine or podiatry. However, a
{ - physician - } { + licensee + } who is treating another
{ - physician - } { + licensee + } for a mental disability
Enrolled House Bill 2165 (HB 2165-B) Page 1
{ - shall have - } { + has + } a duty to report { + within
10 working days + } the
{ - physician - } { + licensee + } patient unless, in the
opinion of the treating { - physician - } { + licensee + },
the patient is not impaired.
{ + (4) A licensee shall self-report within 10 working days
any official action, incident or event taken against the
licensee. + }
{ + (5) A health care facility shall report to the Board of
Medical Examiners any official action, incident or event taken
against a licensee within 10 business days of the date of the
official action, incident or event. + }
{ - (3) - } { + (6) + } A licensee's voluntary resignation
from the staff of a health care institution or voluntary
limitation of the licensee's staff privileges at such an
institution shall be promptly reported to the board by the
institution and the licensee if that action occurs while the
licensee is under investigation by the institution or a committee
thereof for any reason related to possible medical incompetence,
unprofessional conduct or mental or physical impairment.
{ - (4) - } { + (7) + } If, in the opinion of the board, it
appears that information provided to it under this section is or
may be true, the board may order an informal interview with the
licensee subject to the notice requirement of ORS 677.320.
{ + (8) A person who reports in good faith to the Board of
Medical Examiners as required by this section is immune from
civil liability by reason of making the report. + }
SECTION 2. { + The Board of Medical Examiners shall determine
by rule what constitutes medical incompetence, unprofessional
conduct or licensee impairment for the purposes of ORS chapter
677. + }
SECTION 3. ORS 127.885 is amended to read:
127.885. s4.01. Immunities. Except as provided in ORS 127.890:
(1) No person shall be subject to civil or criminal liability
or professional disciplinary action for participating in good
faith compliance with ORS 127.800 to 127.897. This includes being
present when a qualified patient takes the prescribed medication
to end his or her life in a humane and dignified manner.
(2) No professional organization or association, or health care
provider, may subject a person to censure, discipline,
suspension, loss of license, loss of privileges, loss of
membership or other penalty for participating or refusing to
participate in good faith compliance with ORS 127.800 to 127.897.
(3) No request by a patient for or provision by an attending
physician of medication in good faith compliance with the
provisions of ORS 127.800 to 127.897 shall constitute neglect for
any purpose of law or provide the sole basis for the appointment
of a guardian or conservator.
(4) No health care provider shall be under any duty, whether by
contract, by statute or by any other legal requirement to
participate in the provision to a qualified patient of medication
to end his or her life in a humane and dignified manner. If a
health care provider is unable or unwilling to carry out a
patient's request under ORS 127.800 to 127.897, and the patient
transfers his or her care to a new health care provider, the
prior health care provider shall transfer, upon request, a copy
of the patient's relevant medical records to the new health care
provider.
(5)(a) Notwithstanding any other provision of law, a health
care provider may prohibit another health care provider from
Enrolled House Bill 2165 (HB 2165-B) Page 2
participating in ORS 127.800 to 127.897 on the premises of the
prohibiting provider if the prohibiting provider has notified the
health care provider of the prohibiting provider's policy
regarding participating in ORS 127.800 to 127.897. Nothing in
this paragraph prevents a health care provider from providing
health care services to a patient that do not constitute
participation in ORS 127.800 to 127.897.
(b) Notwithstanding the provisions of subsections (1) to (4) of
this section, a health care provider may subject another health
care provider to the sanctions stated in this paragraph if the
sanctioning health care provider has notified the sanctioned
provider prior to participation in ORS 127.800 to 127.897 that it
prohibits participation in ORS 127.800 to 127.897:
(A) Loss of privileges, loss of membership or other sanction
provided pursuant to the medical staff bylaws, policies and
procedures of the sanctioning health care provider if the
sanctioned provider is a member of the sanctioning provider's
medical staff and participates in ORS 127.800 to 127.897 while on
the health care facility premises, as defined in ORS 442.015, of
the sanctioning health care provider, but not including the
private medical office of a physician or other provider;
(B) Termination of lease or other property contract or other
nonmonetary remedies provided by lease contract, not including
loss or restriction of medical staff privileges or exclusion from
a provider panel, if the sanctioned provider participates in ORS
127.800 to 127.897 while on the premises of the sanctioning
health care provider or on property that is owned by or under the
direct control of the sanctioning health care provider; or
(C) Termination of contract or other nonmonetary remedies
provided by contract if the sanctioned provider participates in
ORS 127.800 to 127.897 while acting in the course and scope of
the sanctioned provider's capacity as an employee or independent
contractor of the sanctioning health care provider. Nothing in
this subparagraph shall be construed to prevent:
(i) A health care provider from participating in ORS 127.800 to
127.897 while acting outside the course and scope of the
provider's capacity as an employee or independent contractor; or
(ii) A patient from contracting with his or her attending
physician and consulting physician to act outside the course and
scope of the provider's capacity as an employee or independent
contractor of the sanctioning health care provider.
(c) A health care provider that imposes sanctions pursuant to
paragraph (b) of this subsection must follow all due process and
other procedures the sanctioning health care provider may have
that are related to the imposition of sanctions on another health
care provider.
(d) For purposes of this subsection:
(A) 'Notify' means a separate statement in writing to the
health care provider specifically informing the health care
provider prior to the provider's participation in ORS 127.800 to
127.897 of the sanctioning health care provider's policy about
participation in activities covered by ORS 127.800 to 127.897.
(B) 'Participate in ORS 127.800 to 127.897' means to perform
the duties of an attending physician pursuant to ORS 127.815, the
consulting physician function pursuant to ORS 127.820 or the
counseling function pursuant to ORS 127.825. 'Participate in ORS
127.800 to 127.897' does not include:
(i) Making an initial determination that a patient has a
terminal disease and informing the patient of the medical
prognosis;
Enrolled House Bill 2165 (HB 2165-B) Page 3
(ii) Providing information about the Oregon Death with Dignity
Act to a patient upon the request of the patient;
(iii) Providing a patient, upon the request of the patient,
with a referral to another physician; or
(iv) A patient contracting with his or her attending physician
and consulting physician to act outside of the course and scope
of the provider's capacity as an employee or independent
contractor of the sanctioning health care provider.
(6) Suspension or termination of staff membership or privileges
under subsection (5) of this section is not reportable under ORS
441.820. Action taken pursuant to ORS 127.810, 127.815, 127.820
or 127.825 shall not be the sole basis for a report of
unprofessional or dishonorable conduct under ORS 677.415
{ - (2) - } { + (3), (4), (5) + } or { - (3) - } { +
(6) + }.
(7) No provision of ORS 127.800 to 127.897 shall be construed
to allow a lower standard of care for patients in the community
where the patient is treated or a similar community.
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Passed by House May 14, 2003
Repassed by House June 24, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 20, 2003
...........................................................
President of Senate
Enrolled House Bill 2165 (HB 2165-B) Page 4
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2165 (HB 2165-B) Page 5