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 3509
Senate Bill 879
Sponsored by COMMITTEE ON RULES
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.
Requires Board of Medical Examiners for State of Oregon to
establish professional liability fund for certain medical
professionals licensed under ORS chapter 677. Requires board to
require active licensees to be covered by fund. Requires
assessments for fund. Excludes fund from Insurance Code. Exempts
certain records from discovery.
Requires board to establish state physician assistance program.
Requires board to create state physician assistance committee and
personal and practice management assistance committees. Allows
board to create local physician assistance committees.
A BILL FOR AN ACT
Relating to programs established by Board of Medical Examiners
for State of Oregon for certain medical professionals; creating
new provisions; and amending ORS 192.690 and 677.015.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Board of Medical Examiners for the
State of Oregon shall require all persons licensed under ORS
chapter 677 who are engaged in the practice of medicine or
podiatry in Oregon to carry professional liability insurance and
shall, either by itself or in conjunction with other medical
organizations, do whatever is necessary to implement this
section, including owning, organizing and sponsoring any
insurance organization authorized under the laws of the State of
Oregon.
(2) The board shall also establish a physician's professional
liability fund. This fund shall pay, on behalf of persons
licensed under ORS chapter 677 and engaged in the practice of
medicine or podiatry in Oregon, any sums as may be provided under
the coverage established in subsection (3)(b) of this section
that any person covered by the fund becomes legally obligated to
pay as money damages because of any claim made against the person
as a result of any act or omission:
(a) Of the person in rendering or failing to render
professional services for others in the person's capacity as a
physician or podiatric physician and surgeon; or
(b) Caused by any other person for whose acts or omissions the
person covered by the fund is legally responsible.
(3) The board shall:
(a) Assess all persons licensed under ORS chapter 677 who are
engaged in the practice of medicine or podiatry in Oregon for
contributions to the fund;
(b) Establish definitions of coverage to be provided by the
fund; and
(c) Retain or employ legal counsel to represent the fund and
defend and control the defense against any covered claim made
against a person covered by the fund.
(4) The board shall also offer, through the fund, through a
separate fund or through any insurance organization authorized
under the laws of the State of Oregon, optional professional
liability coverage on an underwritten basis above the minimum
required coverage limits provided under the fund, and shall do
whatever is necessary to implement this provision. Any fund so
established is not subject to the Insurance Code. Records of a
claim against the fund are exempt from disclosure under ORS
192.410 to 192.505.
(5) For purposes of this section, a physician or podiatric
physician and surgeon is considered to be engaged in the practice
of medicine or podiatry in Oregon if the physician or podiatric
physician and surgeon practices medicine or podiatry in Oregon
more than 50 percent of the time that the physician or podiatric
physician and surgeon engages in the practice of medicine or
podiatry.
(6) The board may appoint committees, officers and employees as
it deems necessary or proper and fix and pay their compensation
and necessary expenses from the fund.
(7) In establishing the fund provided for in subsection (2) of
this section and offering optional coverage under subsection (4)
of this section, the board shall give preference to contracting
with an insurance provider established pursuant to the laws of
the State of Oregon.
(8) The minimum mandatory professional liability coverage
established by the board under this section shall be offered to
every person licensed under ORS chapter 677 who is engaged in the
practice of medicine or podiatry in Oregon, and the cost of the
coverage shall be the same for each person offered coverage under
this section. + }
SECTION 2. { + (1)(a) The Board of Medical Examiners for the
State of Oregon shall create a state physician assistance
committee for the purpose of implementing a physician and
podiatric physician and surgeon assistance program to provide
supervision and assistance to those physicians and podiatric
physicians and surgeons whose performance or conduct may impair
their professional competence or their ability to practice
medicine or podiatry. The state committee may investigate
referrals and complaints about the performance or conduct of
physicians or podiatric physicians and surgeons that may impair
their professional competency or ability to practice medicine or
podiatry. The board may also create local physician assistance
committees to investigate referrals and complaints received by
the state physician assistance committee.
(b) The board shall adopt rules for the investigation and
procedures for resolution of referrals and complaints by the
state and local physician assistance committees.
(2)(a) In addition to state and local physician assistance
committees created under subsection (1) of this section, the
board shall create personal and practice management assistance
committees to provide assistance to physicians and podiatric
physicians and surgeons who are suffering from impairment or
other circumstances that may adversely affect their professional
competence or conduct. Personal and practice management
assistance committees may also provide advice and training to
physicians and podiatric physicians and surgeons in practice
management.
(b) The board shall adopt rules governing the provision of
assistance to physicians and podiatric physicians and surgeons by
personal and practice management assistance committees.
(c) The purpose of a personal and practice management
assistance committee is the provision of completely confidential
assistance, advice and training to physicians and podiatric
physicians and surgeons in a manner that fosters maximum openness
in communications between a physician or podiatric physician and
surgeon and the committee and that encourages a physician or
podiatric physician and surgeon to seek assistance from the
committee.
(3) Any information provided to or obtained by the state
physician assistance committee, any local physician assistance
committee or any personal and practice management assistance
committee, or provided to or obtained by any agent of those
committees, is:
(a) Confidential;
(b) Exempt from the provisions of ORS 192.410 to 192.505;
(c) Not discoverable or admissible in any civil proceeding
without the written consent of the physician or podiatric
physician and surgeon to whom the information pertains; and
(d) Not discoverable or admissible in any disciplinary
proceeding except to the extent provided by procedural rules of
the board relating to the investigation of and disciplinary
proceedings concerning the conduct of licensees and applicants
for admission or reinstatement to the practice of medicine or
podiatry.
(4) The limitations placed on the disclosure and admissibility
of information in this section shall not apply to information
relating to a physician's or podiatric physician and surgeon's
noncooperation with the state physician assistance committee, any
local physician assistance committee or any agent of those
committees, or to information otherwise obtained by the board
from any other source.
(5) All meetings of the state physician assistance committee,
local physician assistance committees and personal and practice
management assistance committees are exempt from the provisions
of ORS 192.610 to 192.690.
(6) Any person who makes a complaint or referral to the board
as to the competence of a physician or podiatric physician and
surgeon or provides information or testimony in connection with
the state physician assistance committee, any local physician
assistance committee or any personal and practice management
assistance committee is not subject to an action for civil
damages as a result thereof.
(7) With respect to their acts in connection with the state
physician assistance committee, any local physician assistance
committee or any personal and practice management assistance
committee, the same privileges and immunities from civil and
criminal proceedings that apply to prosecuting and judicial
officers of the state apply to the board, all officers and
employees of the board, the members of the committees and their
agents.
(8) For the purposes of this section, agents of the state
physician assistance committee, local physician assistance
committees or personal and practice management assistance
committees include investigators, attorneys, counselors, staff
personnel and any other individual or entity acting on behalf of
or at the request of the committees. + }
SECTION 3. { + Sections 1 and 2 of this 2003 Act are added to
and made a part of ORS chapter 677. + }
SECTION 4. ORS 192.690 is amended to read:
192.690. (1) ORS 192.610 to 192.690 shall not apply to the
deliberations of the State Board of Parole and Post-Prison
Supervision, the Psychiatric Security Review Board, state
agencies conducting hearings on contested cases in accordance
with the provisions of ORS 183.310 to 183.550, the review by the
Workers' Compensation Board or the Employment Appeals Board of
similar hearings on contested cases, meetings of state or local
lawyers assistance committees operating under the provisions of
ORS 9.568, { + meetings of state or local physician assistance
committees operating under the provisions of section 2 of this
2003 Act, + } meetings of the personal and practice management
assistance committees operating under the provisions of ORS
9.568 { + or section 2 of this 2003 Act + }, the
multidisciplinary teams required to review child abuse and
neglect fatalities in accordance with the provisions of ORS
418.747, the peer review committees in accordance with the
provisions of ORS 441.055, mediation conducted under ORS 36.250
to 36.270, any judicial proceeding, meetings of the Oregon Health
and Science University Board of Directors or its designated
committee regarding candidates for the position of president of
the university or regarding sensitive business, financial or
commercial matters of the university not customarily provided to
competitors related to financings, mergers, acquisitions or joint
ventures or related to the sale or other disposition of, or
substantial change in use of, significant real or personal
property, or related to health system strategies, or to Oregon
Health and Science University faculty or staff committee
meetings.
(2) Because of the grave risk to public health and safety that
would be posed by misappropriation or misapplication of
information considered during such review and approval, ORS
192.610 to 192.690 shall not apply to review and approval of
security programs by the Energy Facility Siting Council pursuant
to ORS 469.530.
SECTION 5. ORS 677.015 is amended to read:
677.015. Recognizing that to practice medicine is not a natural
right of any person but is a privilege granted by legislative
authority, it is necessary in the interests of the health, safety
and welfare of the people of this state to provide for the
granting of that privilege and the regulation of its use, to the
end that the public is protected from the practice of medicine by
unauthorized { + , uninsured + } or unqualified persons and from
unprofessional conduct by persons licensed to practice under this
chapter.
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