74th OREGON LEGISLATIVE ASSEMBLY--2007 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 67
 
                         Senate Bill 377
 
Sponsored by Senator WALKER (Presession filed.)
 
 
                             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.
 
  Provides that Oregon Health and Science University is not
subject to Oregon Tort Claims Act.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to Oregon Health and Science University; creating new
  provisions; amending ORS 30.278, 353.100 and 353.117; repealing
  ORS 30.267 and 30.268; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 353.100 is amended to read:
  353.100. (1) The provisions of ORS chapters 35, 190, 192, 244
and 295 and ORS   { - 30.260 to 30.460, - }  200.005 to 200.025,
200.045 to 200.090, 236.605 to 236.640, 243.650 to 243.782,
297.040, 307.090 and 307.112   { - shall - }  apply to Oregon
Health and Science University under the same terms as they apply
to public bodies other than the state.
  (2) Except as otherwise provided by law, the provisions of ORS
chapters 182, 183, 240, 270, 273, 276, 279A, 279B, 279C, 283,
291, 292, 293, 294 and 297 and ORS  { + 30.260 to 30.300, + }
35.550 to 35.575, 180.060, 180.210 to 180.235, 183.710 to
183.725, 183.745, 183.750, 184.305 to 184.345, 190.430, 190.480,
190.490, 192.105, 200.035, 236.380, 243.105 to 243.585, 243.696,
278.011 to 278.120, 278.315 to 278.415, 279.835 to 279.855,
282.010 to 282.150, 357.805 to 357.895 and 656.017 (2)
 { - shall - }  { +  do + } not apply to the university or any
not-for-profit organization or other entity if the equity of the
entity is owned exclusively by the university and if the
organization or entity is created by the university to advance
any of the university's statutory missions.
  (3) The university, as a distinct governmental entity, or any
organization or entity described in subsection (2) of this
section
  { - shall - }  { +  is + } not   { - be - }  subject to any
provision of law enacted after January 1, 1995, with respect to
any governmental entity, unless the provision specifically
provides that it applies to the university or to the organization
or entity.
  SECTION 2. ORS 30.278 is amended to read:
  30.278. When notice is received under ORS 30.275 of a claim of
professional negligence against a physician, optometrist,
dentist, dental hygienist or naturopath who is acting within the
scope of employment by a public body   { - or within the scope of
duties as defined by ORS 30.267 - } , the person receiving the
notice shall report to the appropriate licensing board, in the
same manner as required by ORS 742.400, the information required
by ORS 742.400 to be reported by insurers or self-insured
associations.
  SECTION 3. ORS 353.117 is amended to read:
  353.117. (1) Pursuant to ORS 353.050, Oregon Health and Science
University may create and maintain an entity that is exempt from
federal income tax under section 501(c)(3) of the Internal
Revenue Code, as amended, for the purpose of conducting clinical
care and practice and advancing other university missions by the
faculty.
  (2) Any entity created by the university under subsection (1)
of this section shall be considered:
  (a) A public employer for purposes of ORS 236.605 to 236.640
and ORS chapters 238 and 238A;
  (b) A unit of local government for purposes of ORS 190.003 to
190.130;
  (c) A public body for purposes of ORS   { - 30.260 to 30.300
and - } 307.112;
  (d) A public agency for purposes of ORS 200.090; and
  (e) A public corporation for purposes of ORS 307.090.
  SECTION 4.  { + ORS 30.267 and 30.268 are repealed. + }
  SECTION 5.  { + The amendments to ORS 30.278, 353.100 and
353.117 by sections 1 to 3 of this 2007 Act and the repeal of ORS
30.267 and 30.268 by section 4 of this 2007 Act apply to causes
of action arising on or after the effective date of this 2007
Act. + }
  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 on its
passage. + }
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