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 1454
A-Engrossed
Senate Bill 617
Ordered by the Senate April 30
Including Senate Amendments dated April 30
Sponsored by Senator MORRISETTE, Representative BOQUIST; Senators
DECKERT, MONNES ANDERSON, WALKER, Representatives BOONE,
CAMERON, DALLUM, FLORES, GILLIAM, HUNT, KRIEGER, MAURER,
NELSON, OLSON, ROSENBAUM, SCHAUFLER, THATCHER, WHISNANT (at the
request of Brain Injury Association of Oregon)
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.
Requires Department of Human Services to establish traumatic
brain injury registry system and to collect data regarding
traumatic brain injuries.
{ - Requires department to expand housing opportunities for
individuals with traumatic brain injuries. - }
{ - Requires department to provide community mental health
services to individuals with traumatic brain injuries. - }
{ + Requires department to contract, for specified purposes,
with nonprofit organization with experience and expertise in
providing assistance and services to individuals with traumatic
brain injuries. + }
A BILL FOR AN ACT
Relating to individuals with traumatic brain injuries.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 7 of this 2007 Act:
(1) 'Health care facility' means a hospital or an ambulatory
surgical center as those terms are defined in ORS 442.015.
(2) 'Practitioner' means a person who has a professional
license and who is qualified by training to diagnose or treat
traumatic brain injury in patients.
(3) 'Traumatic brain injury' means an injury to the brain
caused by extrinsic forces that results in the loss of cognitive,
psychological, social, behavioral or physiological function for a
sufficient time to affect that person's ability to perform
activities of daily living. + }
SECTION 1a. { + (1) The Department of Human Services shall
establish a uniform, population-based, statewide traumatic brain
injury registry system for the collection of data to determine
the incidence of traumatic brain injury and related data.
(2) The purpose of the registry is to provide data to design,
target, monitor, facilitate and evaluate efforts to determine the
causes or sources of traumatic brain injury among residents of
Oregon and to reduce the burden of traumatic brain injury in
Oregon. The efforts may include, but are not limited to:
(a) Targeting populations to evaluate the need for screening or
other traumatic brain injury control services;
(b) Contacting individuals with traumatic brain injuries to
assess care needs and to provide referrals, information and
support;
(c) Supporting the operation of health care facility registries
in monitoring and upgrading traumatic brain injury care and the
end results of treatment for traumatic brain injuries;
(d) Investigating suspected clusters or excesses of traumatic
brain injury both in occupational settings and in the state's
environment generally;
(e) Conducting studies to identify traumatic brain injury
hazards to the public health and traumatic brain injury hazard
remedies; and
(f) Projecting the benefits or costs of alternative policies
regarding traumatic brain injury prevention or treatment.
(3) The department shall adopt rules necessary to carry out the
purposes of this section, including but not limited to methods
for collecting the data and procedures for accessing the data.
When adopting rules under this subsection, the department shall
consider the definitions, standards and procedures established by
the Centers for Disease Control and Prevention National Center
for Injury Prevention and Control, with the goal of achieving
uniformity in the collection and reporting of data.
(4) The department shall:
(a) Conduct a program of epidemiologic analyses of traumatic
brain injury registry data collected under subsection (1) of this
section to assess traumatic brain injury control, prevention,
treatment and causation in Oregon; and
(b) Utilize the data to promote, facilitate and evaluate
programs designed to reduce the burden of traumatic brain injury
among the residents of Oregon.
(5) The department shall:
(a) Collaborate in traumatic brain injury studies with
practitioners, epidemiologists and health care facilities and
publish reports on the results of the studies; and
(b) Cooperate with the Centers for Disease Control and
Prevention in providing traumatic brain injury incidence
data. + }
SECTION 2. { + (1) Any health care facility in which traumatic
brain injury patients are diagnosed or provided treatment for
traumatic brain injury shall provide the Department of Human
Services with access to traumatic brain injury patient case data
within a time period and in a process prescribed by the
department by rule.
(2) For the purpose of ensuring the accuracy and completeness
of reported data, the department may periodically review all
records that would identify cases of traumatic brain injury or
would establish characteristics of traumatic brain injury,
treatment of the traumatic brain injury or the medical status of
any identified traumatic brain injury patient. + }
SECTION 3. { + The Department of Human Services may conduct
special studies of traumatic brain injury morbidity and
mortality. As part of the studies, the department may obtain
information that applies to a patient's traumatic brain injury
and that may be in the medical record of the patient. The record
holder may either provide the requested information to the
department or provide the department access to the relevant
portions of the patient's medical record. Neither the department
nor the record holder may bill the other for the cost of
providing or obtaining this information. + }
SECTION 4. { + (l) All identifying data regarding individual
patients, health care facilities and practitioners provided to
the Department of Human Services under section 2 of this 2007 Act
is confidential and privileged. Except as required in connection
with the administration or enforcement of public health laws or
rules, a public health official, employee or agent may not be
examined in an administrative or judicial proceeding as to the
existence or contents of data collected under the statewide
traumatic brain injury registry system.
(2) All identifying information obtained by the department in
connection with a special study under section 3 of this 2007 Act
is confidential and privileged and may be used solely for the
purposes of the study, as provided in ORS 432.060.
(3) This section does not prohibit the department from
publishing statistical compilations relating to morbidity and
mortality studies under section 3 of this 2007 Act that do not
identify individual cases or prevent use of this information by
third parties to conduct research as provided by section 5 of
this 2007 Act. + }
SECTION 5. { + (1) The Department of Human Services shall
adopt rules under which confidential data may be used by third
parties to conduct research and studies for the public good.
Research and studies conducted using confidential data from the
statewide traumatic brain injury registry must be reviewed and
approved as provided in 45 C.F.R. 46.
(2) The department may enter into agreements to exchange
information with other traumatic brain injury registries in order
to obtain complete reports of Oregon residents diagnosed or
treated in other states and to provide information to other
states regarding the residents of other states diagnosed or
treated in Oregon. Prior to providing information to any other
registry, the department shall ensure that the recipient registry
has comparable confidentiality protections. + }
SECTION 6. { + (1) An action for damages arising from the
disclosure of confidential or privileged information may not be
maintained against any person, or the employer or employee of any
person, who participates in good faith in providing data or
information to the Department of Human Services or access to
traumatic brain injury registry data or information for traumatic
brain injury morbidity or mortality studies in accordance with
sections 2 and 3 of this 2007 Act.
(2) A license of a health care facility or practitioner may not
be denied, suspended or revoked for the good faith disclosure of
confidential or privileged information in providing traumatic
brain injury registry data or information for traumatic brain
injury morbidity or mortality studies in accordance with sections
1a, 2 and 3 of this 2007 Act.
(3) This section does not apply to the unauthorized disclosure
of confidential or privileged information when the disclosure is
due to gross negligence or willful misconduct. + }
SECTION 7. { + Section 1a of this 2007 Act does not prohibit a
health care facility from operating its own traumatic brain
injury registry or require a health care facility to operate its
own traumatic brain injury registry. + }
SECTION 8. { + The Department of Human Services shall enter
into a contract with a nonprofit organization with experience and
expertise in providing assistance and services to individuals
with traumatic brain injuries, as defined in section 1 of this
2007 Act, to:
(1) Provide information to individuals on issues related to
traumatic brain injuries;
(2) Enhance existing support systems for individuals with
traumatic brain injuries by referring those individuals to
appropriate services and community resources;
(3) Provide active members and veterans of the Armed Forces of
the United States and their families with information about
traumatic brain injuries and referrals to available services and
agencies; and
(4) Train providers of services to individuals with traumatic
brain injuries. + }
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