72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1187
A-Engrossed
House Bill 2410
Ordered by the House April 23
Including House Amendments dated April 23
Sponsored by COMMITTEE ON JUDICIARY
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.
Authorizes { - Office of Emergency Management - }
{ + Department of Human Services + } to establish { - program
that credentials - } { + registry of emergency + }health care
{ - professionals - } { + providers + } for purpose of
{ - voluntary - } services during emergencies. Provides that
upon Governor declaring state of emergency { - ,
credentialed - } { + and while participating in authorized
training, registered + } health care
{ - professional who provides - } { + providers and health
care facilities providing + } { - volunteer - } services
{ - is agent - } { + are agents + } of { - Oregon Department
of Administrative Services - } { + state + } for purposes of
Oregon Tort Claims Act. { - Specifies that department be
assessed for insurance so provided. - }
{ - Authorizes public body to designate uncredentialed health
care professional as agent under Oregon Tort Claims Act for
purpose of providing health care services after Governor declares
state of emergency. - }
{ + Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to emergencies; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 8 of this 2003 Act are added to
and made a part of ORS chapter 401. + }
SECTION 2. { + As used in sections 2 to 8 of this 2003 Act:
(1) 'Health care facility' means a health care facility as
defined in ORS 442.015 that has been licensed under ORS chapter
441.
(2) 'Health care provider' means an individual licensed,
certified or otherwise authorized or permitted by the laws of
this state to administer health care services in the ordinary
course of business or practice of a profession. + }
SECTION 3. { + (1) The Department of Human Services may
establish a registry of emergency health care providers who are
available to provide health care services during an emergency or
crisis. The department may require training related to the
provision of health care services in an emergency or crisis as a
condition of registration.
(2) The department shall issue identification cards to health
care providers included in the registry established under this
section that:
(a) Identify the health care provider;
(b) Indicate that the health care provider is registered as an
Oregon emergency health care provider;
(c) Identify the license or certification held by the health
care provider; and
(d) Identify the health care provider's usual area of practice
if that information is available and the department determines
that it is appropriate to provide that information.
(3) The department by rule shall establish a form for
identification cards issued under subsection (2) of this section.
(4) The department shall support and provide assistance to the
Office of Emergency Management in emergencies or crises involving
the public health or requiring emergency medical response. + }
SECTION 4. { + (1) The Department of Human Services may
designate all or part of a health care facility or other location
as an emergency health care center. Upon the Governor declaring a
state of emergency under ORS 401.055, or proclaiming a state of
impending public health crisis after determining that a threat to
the public health is imminent and likely to be widespread,
life-threatening and of a scope that requires immediate medical
action to protect the public health, emergency health care
centers may be used for:
(a) Evaluation and referral of individuals affected by the
emergency or crisis;
(b) Provision of health care services; and
(c) Preparation of patients for transportation.
(2) The department may enter into cooperative agreements with
local public health authorities that allow local public health
authorities to designate emergency health care centers under this
section.
(3) An emergency health care center designated under this
section must have an emergency operations plan and a
credentialing plan that governs the use of emergency health care
providers registered under section 3 of this 2003 Act and other
health care providers who volunteer to perform health care
services at the center under sections 2 to 8 of this 2003 Act.
The emergency operations plan and credentialing plan must comply
with rules governing those plans adopted by the department. + }
SECTION 5. { + Upon the Governor declaring a state of
emergency under ORS 401.055, or proclaiming a state of impending
public health crisis after determining that a threat to the
public health is imminent and likely to be widespread,
life-threatening and of a scope that requires immediate medical
action to protect the public health:
(1) The Department of Human Services may direct emergency
health care providers registered under section 3 of this 2003 Act
who are willing to provide health care services on a voluntary
basis to proceed to any place in this state where health care
services are required by reason of the emergency or crisis; and
(2) Any emergency health care provider registered under section
3 of this 2003 Act or other health care provider may volunteer to
perform health care services described in section 4 of this 2003
Act at any emergency health care center or health care facility
in the manner provided by section 6 of this 2003 Act. + }
SECTION 6. { + (1) Emergency health care providers registered
under section 3 of this 2003 Act and other health care providers
who volunteer to perform health care services under sections 2 to
8 of this 2003 Act must provide those services in accordance with
the emergency operations plan and credentialing plan adopted by
the emergency health care center or by the health care facility
at which the services are rendered.
(2) An emergency health care center or health care facility may
determine the services to be provided by any emergency health
care provider registered under section 3 of this 2003 Act or
other health care provider who volunteers to perform health care
services under sections 2 to 8 of this 2003 Act. + }
SECTION 7. { + (1) Emergency health care providers registered
under section 3 of this 2003 Act and other health care providers
who volunteer to perform health care services without
compensation under sections 2 to 8 of this 2003 Act are agents of
the state under ORS 30.260 to 30.300 for the purposes of any
claims arising out of those services.
(2) Health care facilities and other persons operating
emergency health care centers designated under section 4 of this
2003 Act are agents of the state under ORS 30.260 to 30.300 for
the purposes of any claims arising out of services provided
without compensation through those centers or facilities under
sections 2 to 8 of this 2003 Act.
(3) An emergency health care provider registered under section
3 of this 2003 Act participating in training authorized by the
Department of Human Services under sections 2 to 8 of this 2003
Act is an agent of the state under ORS 30.260 to 30.300 for the
purposes of any claims arising out of that training.
(4) The provisions of subsections (1) and (2) of this section
apply only to emergency health care centers or health care
facilities that have adopted emergency operations plans and
credentialing plans that govern the use of emergency health care
providers registered under section 3 of this 2003 Act and other
health care providers who volunteer to perform health care
services under sections 2 to 8 of this 2003 Act. An emergency
operations plan and a credentialing plan must comply with rules
governing those plans adopted by the Department of Human
Services. + }
SECTION 8. { + The Department of Human Services shall adopt
all rules necessary for the implementation of sections 2 to 8 of
this 2003 Act. + }
SECTION 9. { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
----------