74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to HB 2185
LC 622/HB 2185-1
HOUSE AMENDMENTS TO
HOUSE BILL 2185
By JOINT COMMITTEE ON EMERGENCY PREPAREDNESS AND OCEAN POLICY
May 11
On page 1 of the printed bill, line 2, after '433.001, ' insert
'433.004, 433.009,'.
In line 3, delete '433.140,' and insert '433.040, 433.140,
433.156,'.
In line 5, delete '433.130, 433.135 and 433.156' and insert '
433.130 and 433.135'.
In line 25, delete the first 'of' and insert 'granted to ' and
after 'Director' insert 'by section 5 of this 2007 Act and ORS
433.443'.
Delete line 29.
On page 2, delete lines 1 through 38 and insert:
' { + SECTION 3. + } { + As used in ORS 431.035 to 431.530:
' (1) 'Children's facility' has the meaning given that term in
ORS 433.235.
' (2) 'Communicable disease' means a disease or condition, the
infectious agent of which may be transmitted by any means from
one person or from an animal to another person, that may result
in illness, death or severe disability.
' (3) 'Condition of public health importance' means a disease,
syndrome, symptom, injury or other threat to public health that
is identifiable on an individual or community level.
' (4) 'Disease outbreak' means a significant or notable
increase in the number of cases of a disease or other condition
of public health importance.
' (5) 'Epidemic' means the occurrence in a community or region
of a group of similar conditions of public health importance that
are in excess of normal expectancy and derived from a common or
propagated source.
' (6) 'Local public health administrator' means the public
health administrator of a county or health district appointed
under ORS 431.418 or the authorized representative of that public
health administrator.
' (7) 'Local public health authority' means a county
government, or a health district created under ORS 431.414 or a
person or agency a county or health district has contracted with
to act as the local public health authority.
' (8) 'Public health law' means any statute, rule or local
ordinance that has the purpose of promoting or protecting the
public health and that establishes the authority of the
Department of Human Services, the Public Health Director, the
Public Health Officer, a local public health authority or local
public health administrator to enforce the statute, rule or local
ordinance.
' (9) 'Public health measure' means a test, medical
examination, treatment, isolation, quarantine or other measure
imposed on an individual or group of individuals in order to
prevent the spread of or exposure to a communicable disease,
toxic substance or transmissible agent.
' (10) 'Reportable disease' means a disease or condition, the
reporting of which enables a public health authority to take
action to protect or to benefit the public health.
' (11) 'School' has the meaning given that term in ORS 433.235.
' (12) 'Specimen' means blood, sputum, urine, stool or other
bodily fluids and wastes, tissues, and cultures necessary to
perform required tests.
' (13) 'Test' means any diagnostic or investigative analyses or
medical procedures that determine the presence or absence of, or
exposure to, a condition of potential public health importance,
or its precursor in an individual.
' (14) 'Toxic substance' means a substance that may cause
illness, disability or death to persons who are exposed to
it. + } ' .
In line 39, delete 'authorities' and insert ' administrators'.
On page 3, line 23, after 'officials' insert ', to the extent
resources are available,'.
In line 24, delete 'authorities' and insert ' administrators'.
In line 28, after '(1)' insert 'Unless the Governor has
declared a public health emergency under ORS 433.441,'.
On page 4, delete line 6 and insert:
' (c) After consultation with appropriate medical experts,
create and require the use of diagnostic and treatment guidelines
and provide notice of those guidelines to health care providers,
institutions and facilities.'.
Delete line 12 and insert:
' (e) Notwithstanding ORS 332.075, direct a district school
board to close a children's facility or school under the
jurisdiction of the board. The authority granted to the Public
Health Director under this paragraph supersedes the authority
granted to the district school board under ORS 332.075 to the
extent the authority granted to the board is inconsistent with
the authority granted to the director.'.
After line 15, insert:
' (h) Adopt reporting requirements for, and provide notice of
those reporting requirements to, health care providers,
institutions and facilities for the purpose of obtaining
information directly related to the public health threat
presented.
' (i) Take control of antitoxins, serums, vaccines, immunizing
agents, antibiotics, antidotes and other pharmaceutical agents,
medical supplies or personal protective equipment.'.
Delete lines 19 through 21 and insert:
' (4) If the Department of Human Services adopts temporary
rules to implement subsection (2) of this section, the rules
adopted are not subject to the provisions of ORS 183.335 (6)(a).
The department may amend the temporary rules adopted under this
subsection as often as is necessary to respond to the public
health threat.
' (5) If it is necessary for the department to purchase
antitoxins, serums, vaccines, immunizing agents, antibiotics,
antidotes or other pharmaceutical agents, medical supplies or
personal protective equipment, the purchases are not subject to
the provisions of ORS chapter 279A, 279B or 279C.
' (6) If property is taken under the authority granted to the
Public Health Director under subsection (2) of this section, the
owner of the property is entitled to reasonable compensation from
the state.
' { + SECTION 5a. + } { + The Public Health Director, after
consultation with local public health authorities and local
public health administrators, shall adopt rules governing the
development of emergency plans and an incident management
system. + } ' .
On page 5, delete lines 11 and 12.
In line 13, delete '(13)' and insert '(12)'.
After line 14, insert:
' { + SECTION 6a. + } ORS 433.004 is amended to read:
' 433.004. (1) The Department of Human Services shall by rule:
' (a) Specify reportable diseases;
' (b) Identify those categories of persons who must report
reportable diseases and the circumstances under which the reports
must be made;
' (c) Prescribe the procedures and forms for making such
reports and transmitting the reports to the department; and
' (d) Prescribe measures for investigating the source and
controlling reportable diseases.
' (2) Persons required under the rules to report reportable
diseases shall do so by reporting to the local public health
administrator. The local public health administrator shall
transmit such reports to the department.
' (3) In addition to other grounds for which a state agency may
exercise disciplinary action against its licensees or certificate
holders, the substantial or repeated failure of { - such - } a
licensee or certificate holder to report { + when required to do
so + } under subsection (2) of this section { - when required
by department rule to do so - } shall be cause for the exercise
of any of { - such - } { + the + } agency's disciplinary
powers.
' { + (4) Any person making a report under this section is
immune from any civil or criminal liability that might otherwise
be incurred or imposed with respect to the making of a report
under this section or to the contents of the report. + }
' { + SECTION 6b. + } ORS 433.009 is amended to read:
' 433.009. (1) Notwithstanding ORS 192.501 (3), 192.502 (2) and
433.045, if, during the course of a criminal investigation, a law
enforcement unit acquires information that the person who is
charged with a crime or sentenced for a crime has a reportable
disease, the law enforcement unit shall disclose that information
to the public health authorities who shall confirm the diagnosis
and notify any police officer, corrections officer or emergency
medical technician who had significant exposure to the person.
' (2) As used in this section:
' (a) 'Emergency medical technician' has the meaning given that
term in ORS 682.025.
' (b) 'Law enforcement unit,' 'police officer' and '
corrections officer' have the meanings given those terms in ORS
181.610.
' { - (c) 'Reportable disease' has the meaning given the term
in ORS 433.001. - }
' { + (c) 'Reportable disease' means a disease or condition,
the reporting of which enables a public health authority to take
action to protect or to benefit the public health. + }
' { + SECTION 6c. + } ORS 433.040 is amended to read:
' 433.040. (1) As used in this section, 'vaccine' includes
vaccines, immune products and chemoprophylactic medications.
' (2) When the State Health Officer of the Department of Human
Services determines that there is clear evidence that adverse and
avoidable health outcomes from a preventable and acute
communicable disease are expected to affect identifiable
categories of high-risk individuals throughout Oregon and that
assistance with the administration of vaccine is warranted due to
a vaccine shortage to protect or treat such individuals, the
health officer shall implement the Oregon Vaccine Education and
Prioritization Plan as provided in subsection (3) of this
section.
' (3) The Department of Human Services shall develop and adopt
by rule the Oregon Vaccine Education and Prioritization Plan to
protect the public health during a vaccine shortage. The plan
shall consist of:
' (a) Guidelines for physicians, nurses, hospitals, health
systems, pharmacies and others that hold vaccines for the
distribution and administration of vaccines. The guidelines shall
include, but are not limited to, a definition of high-risk groups
for priority protection or treatment in the event a vaccine
shortage is imminent;
' (b) Rules for imposing a civil penalty of $500 against
persons who knowingly violate the guidelines for each repeat
violation of the guidelines; and
' (c) Procedures for:
' (A) Mobilizing public and private health resources to assist
in vaccine distribution and administration; and
' (B) Notifying health professional regulatory boards and
licensing authorities of repeated violations of the guidelines by
health professionals regulated by the board or licensed by the
authority.
' { + (4) If the department adopts temporary rules to
implement subsection (2) of this section, the rules adopted are
not subject to the requirements of ORS 183.335 (6)(a). The
department may amend the temporary rules adopted pursuant to
subsection (3) of this section as often as is necessary to
respond to a vaccine shortage. + } ' .
In line 25, after 'place' insert ', if known'.
On page 6, line 33, after 'place' insert ', if known'.
On page 7, after line 38, insert:
' (d) The provisions of ORS 40.230, 40.235 and 40.240 do not
apply to a hearing held under this subsection. Any evidence
presented at the hearing that would be privileged and not subject
to disclosure except as required by this paragraph shall be
disclosed only to the court, the parties and their legal counsel
or persons authorized by the court and may not be disclosed to
the public.'.
On page 8, line 2, delete 'An'.
In line 3, delete 'order issued under this subsection may be in
effect for not more than 30 days.'.
Delete lines 5 and 6 and insert:
' (a) Specify the maximum duration for the isolation or
quarantine, which may not exceed 60 days unless there is
substantial medical evidence indicating that the condition that
is the basis of the public health threat is spread by airborne
transmission and cannot be rendered noninfectious within 60 days
or may recur after 60 days, in which case the maximum duration of
the isolation or quarantine may not exceed a period of 180
days;'.
In line 12, after the semicolon insert 'and'.
Delete line 13.
In line 14, delete '(f)' and insert '(e)'.
In line 16, after '(8)' insert 'or (10)'.
In line 38, delete '30' and insert '60'.
On page 9, line 8, delete 'and'.
In line 11, delete the period and insert '; and
' (e) The sanctions that may be imposed for violating an order
issued under section 8 or 9 of this 2007 Act.'.
In line 18, after the period, insert '(1)'.
After line 25, insert:
' (2) If a person is unable to afford legal counsel, the public
defense services executive director shall determine and pay, as
provided in ORS 135.055, the reasonable expenses of the person
and compensation for legal counsel appointed to represent the
person.'.
In line 35, delete 'danger' and insert 'physical threat'.
In line 40, after the period insert 'If a facility is not
capable of separating isolated persons from quarantined persons,
either the isolated persons or the quarantined persons must be
moved to a separate facility.'.
On page 10, line 32, after 'must' insert 'provide to the
managers of the health care facility notice of the intention to
seek authorization from the court to place a person or group of
persons in isolation or quarantine in the facility and must'.
On page 11, after line 15, insert:
' (4) Nothing in this section prohibits a physician or other
health care worker in a health care facility from having access
to a person or a group of persons who is in isolation or
quarantine pursuant to section 8 or 9 of this 2007 Act if the
infection control procedures and other precautions determined
necessary by the Public Health Director are adhered to by the
facility and the physician or other health care worker seeking
access to the isolated or quarantined person.'.
On page 12, line 3, after 'evidence' insert a comma.
In line 8, after 'remedy' insert 'to ensure compliance with
section 12 of this 2007 Act'.
In line 21, after 'officials' insert ', to the extent resources
are available,'.
In line 26, delete 'state public health authority or a local
public health authority' and insert 'Public Health Director or a
local public health administrator'.
On page 15, after line 1, insert:
' { + SECTION 18a. + } ORS 433.156 is amended to read:
' 433.156. All state and local { - police officers - }
{ + law enforcement authorities + } shall cooperate with any
officer authorized to impose isolation or quarantine in the
enforcement thereof.'.
On page 16, delete lines 24 through 26.
In line 27, delete '(d)' and insert '(c)'.
In line 29, delete '(e)' and insert '(d)'.
In line 32, delete '(f)' and insert '(e)'.
In line 33, after 'emergency' insert ', including any actions
authorized under ORS 401.065, 401.074, 401.085 and 401.095'.
On page 17, delete lines 21 though 24 and insert:
' (F) The authority granted to the Public Health Director under
this section:
' (i) Supersedes any authority granted to a local public health
authority if the local public health authority acts in a manner
inconsistent with guidelines established or rules adopted by the
director under this section; and
' (ii) Does not supersede the general authority granted to a
local public health authority or a local public health
administrator except as authorized by law or necessary to respond
to a public health emergency.'.
On page 20, line 5, after 'authorities' insert ', to the extent
resources are available,'.
After line 6, insert:
' (7) If the Department of Human Services adopts temporary
rules to implement the provisions of this section, the rules
adopted are not subject to the provisions of ORS 183.335 (6)(a).
The department may amend temporary rules adopted pursuant to this
subsection as often as necessary to respond to the public health
emergency.'.
On page 21, line 3, delete 'Adopt and enforce' and insert '
Prescribe'.
In line 7, delete 'a' and insert 'any'.
In line 12, delete 'or other appropriate authority has released
the human re-' and insert 'has certified the cause and manner of
death,'.
In line 13, delete 'mains,'.
In line 18, after 'consult' insert 'and coordinate'.
In line 23, delete '8' and insert '12'.
In line 24, delete 'authority' and insert ' administrator'.
On page 25, line 34, delete '433.130, 433.135 and 433.156 ' and
insert '433.130 and 433.135'.
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