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 417
Senate Bill 191
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
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 as
introduced.
Includes information about benign tumors of brain and central
nervous system in types of conditions included in statewide
registry system of Department of Human Services. Requires
clinical laboratories that diagnose cases of cancer or benign
tumors of brain and central nervous system to report information
to statewide registry.
A BILL FOR AN ACT
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 { + , 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 related conditions + } among the
residents of Oregon and to reduce the burden of cancer { + and
related conditions + } 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 related
conditions + };
(c) Investigating suspected clusters or excesses of cancer
{ + and related conditions + } 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 related conditions + }.
(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 related
conditions + } in Oregon; and
(b) Utilize the data to promote, facilitate and evaluate
programs designed to reduce the burden of cancer { + and related
conditions + } among the residents of Oregon.
(4) The department shall:
(a) Collaborate in { - cancer - } studies { + of cancer and
related conditions + } 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 related conditions + }.
(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
related conditions + } 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 related
conditions + } { - or would establish characteristics of the
cancer - } , { + the + } treatment of the cancer { + or related
conditions + } or the medical status of any
{ - identified cancer - } patient { + identified as being
treated for cancer or related conditions; or
(b) Establish characteristics of the cancer or related
conditions + }.
{ - (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
related conditions + } 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 related conditions + } 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 related
conditions + } or require a health care facility to operate its
own { - cancer - } registry { + for cancer and related
conditions + }.
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