74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 36
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 Senate Interim Committee on
Public Health for Oregon Patient Safety Commission)
CHAPTER ................
AN ACT
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{ + and section 3 of this 2007 Act + } are repealed on January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
Enrolled Senate Bill 36 (SB 36-A) Page 1
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
Enrolled Senate Bill 36 (SB 36-A) Page 2
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. + }
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Passed by Senate April 2, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 4, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 36 (SB 36-A) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 36 (SB 36-A) Page 4