Chapter 476 Oregon Laws 2007
AN ACT
SB 36
Relating to the Oregon Patient Safety Commission; creating new
provisions; amending ORS 442.830 and sections 6 and 16, chapter 686, Oregon
Laws 2003; and declaring an emergency.
Be It Enacted by the People of
the State of Oregon:
SECTION 1. Section
3 of this 2007 Act is added to and made a part of sections 1 to 12, chapter
686, Oregon Laws 2003.
SECTION 2.
Section 6, chapter 686, Oregon Laws 2003, is amended to read:
Sec. 6. [(1) Except as provided in subsection (2) of
this section,] The Oregon Patient Safety Commission may assess fees on the
[participating] entities described in
section 4 (2)(a) to (f), chapter 686, Oregon Laws 2003, [of this 2003 Act] as determined by the
Oregon Patient Safety Commission Board of Directors to fund the operating
costs of the Oregon Patient Safety Reporting Program.
[(2) Independent professional health care societies or associations are
exempt from fees assessed by the commission.]
SECTION 3. (1) Amounts collected by the Oregon Patient
Safety Commission under section 6, chapter 686, Oregon Laws 2003, may not
exceed $1.5 million for the fiscal year beginning on July 1, 2007, and ending
on June 30, 2008.
(2) The dollar amount
specified in subsection (1) of this section shall be adjusted annually by the
commission based upon the change in the Consumer Price Index as defined in ORS
327.006 for every fiscal year beginning on or after July 1, 2008.
SECTION 4.
Section 16, chapter 686, Oregon Laws 2003, is amended to read:
Sec. 16. Sections
1, 4, 5, 6, 9, 10 and 12, chapter 686, Oregon Laws 2003, [of this 2003 Act] and section 3 of
this 2007 Act are repealed on January 2, 2010.
SECTION 5.
ORS 442.830 is amended to read:
442.830. (1) There is
established the Oregon Patient Safety Commission Board of Directors consisting
of 17 members, including the Public Health Officer and 16 directors who shall
be appointed by the Governor and who shall be confirmed by the Senate in the
manner prescribed in ORS 171.562 and 171.565.
(2) Membership on the
board shall reflect the diversity of facilities, providers, insurers,
purchasers and consumers that are involved in patient safety. Directors shall
demonstrate interest, knowledge or experience in the area of patient safety.
(3) The membership of
the board shall be as follows:
(a) The Public Health
Officer or the officer’s designee;
(b) One faculty member,
who is not involved in the direct delivery of health care, of the Oregon
University System or a private Oregon university;
(c) Two representatives
of group purchasers of health care, one of whom shall be employed by a state or
other governmental entity and neither of whom may provide direct health care
services or have an immediate family member who is involved in the delivery of
health care;
(d) Two representatives
of health care consumers, neither of whom may provide direct health care
services or have an immediate family member who is involved in the delivery of
health care;
(e) Two representatives
of health insurers, including a representative of a domestic not-for-profit
health care services contractor, a representative of a domestic insurance
company licensed to transact health insurance or a representative of a health
maintenance organization;
(f) One representative
of a statewide or national labor organization;
(g) Two physicians
licensed under ORS chapter 677 who are in active practice;
(h) Two hospital
administrators or their designees;
(i) One pharmacist
licensed under ORS chapter 689;
(j) One representative
of an ambulatory surgical center or an outpatient renal dialysis facility;
(k) One nurse licensed
under ORS chapter 678 who is in active clinical practice; and
(L) One nursing home
administrator licensed under ORS chapter 678 or one nursing home director of
nursing services.
(4) The term of office
of each director appointed by the Governor is four years. Before the expiration
of the term of a director, the Governor shall appoint a successor whose term
begins on October 1 next following. A director is eligible for reappointment
for an additional term. If there is a vacancy for any cause, the Governor shall
make an appointment to become effective immediately for the unexpired term. The
board shall nominate a slate of candidates whenever a vacancy occurs or is
announced and shall forward the recommended candidates to the Governor for
consideration.
(5) The board shall
select one of its members as chairperson and another as vice chairperson for
the terms and with the duties and powers as the board considers necessary for
performance of the functions of those offices. The board shall adopt bylaws as
necessary for the efficient and effective operation of the commission.
(6) The Governor may
remove any member of the board at any time at the pleasure of the Governor, but
not more than eight directors shall be removed within a period of four years,
unless it is for corrupt conduct in office. The board may remove a director as
specified in the commission bylaws.
(7) The board may
appoint subcommittees and advisory groups as needed to assist the board,
including but not limited to one or more consumer advisory groups and technical
advisory groups. The technical advisory groups shall include physicians, nurses
and other licensed or certified professional with specialty knowledge and experience
as necessary to assist the board.
(8) No voting member of
the board may be an employee of the commission.
SECTION 6. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect July 1, 2007.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date July 1, 2007
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