75th OREGON LEGISLATIVE ASSEMBLY--2009 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 693
House Bill 2132
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
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.
Requires Department of Human Services to establish and operate
statewide registry for collection and dissemination of physician
orders for life-sustaining treatment (POLST). Establishes Oregon
POLST Registry Advisory Committee to advise department regarding
registry.
Appropriates moneys from General Fund to department to operate
registry and committee.
Declares emergency, effective July 1, 2009.
A BILL FOR AN ACT
Relating to registry for physician orders for life-sustaining
treatment; creating new provisions; amending ORS 163.206;
appropriating money; and declaring an emergency.
Whereas the Legislative Assembly finds that Oregonians should
have the ability to determine the extent of medical treatment
they receive as they near the end of their lives; and
Whereas a physician order for life-sustaining treatment (POLST)
is an effective method of transforming a patient's preference
into a medical order; and
Whereas the Oregon POLST Registry will help ensure that each
POLST is immediately available to health care professionals so
that patient preferences are known and respected in a time of
crisis; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 1 to 9 of this 2009 Act shall be known
and may be cited as the Oregon POLST Registry Act. + }
SECTION 2. { + As used in sections 1 to 9 of this 2009 Act:
(1) 'Authorized user' means a person authorized by the
Department of Human Services to provide information to or receive
information from the POLST registry.
(2) 'Life-sustaining treatment' means any medical procedure,
pharmaceutical, medical device or medical intervention that
maintains life by sustaining, restoring or supplanting a vital
function. 'Life-sustaining treatment' does not include routine
care necessary to sustain patient cleanliness and comfort.
(3) 'Nurse practitioner' has the meaning given that term in ORS
678.010.
(4) 'Physician' has the meaning given that term in ORS 677.010.
(5) 'Physician assistant' has the meaning given that term in
ORS 677.495.
(6) 'POLST' means a physician order for life-sustaining
treatment signed by a physician, nurse practitioner or physician
assistant.
(7) 'POLST registry' means the registry established in section
4 of this 2009 Act. + }
SECTION 3. { + Nothing in sections 1 to 9 of this 2009 Act is
intended to require an individual to have a POLST or to require a
health professional to authorize or execute a POLST. A POLST may
be revoked at any time. + }
SECTION 4. { + (1) The Department of Human Services shall
establish and operate a statewide registry for the collection and
dissemination of physician orders for life-sustaining treatment
to help ensure that medical treatment preferences for an
individual nearing the end of the individual's life are honored.
(2) The department shall adopt rules for the registry,
including but not limited to rules that:
(a) Require submission of the following documents to the
registry, unless the patient has requested to opt out of the
registry:
(A) A copy of each POLST;
(B) A copy of a revised POLST; and
(C) Notice of any known revocation of a POLST;
(b) Prescribe the manner for submitting information described
in paragraph (a) of this subsection;
(c) Require the release of registry information to authorized
users for treatment purposes;
(d) Authorize notification by the registry to specified persons
of the receipt, revision or revocation of a POLST; and
(e) Establish procedures to protect the accuracy and
confidentiality of information submitted to the registry.
(3) The department may permit qualified researchers to access
registry data. If the department permits qualified researchers to
have access to registry data, the department shall adopt rules
governing the access to data that shall include but need not be
limited to:
(a) The process for a qualified researcher to request access to
registry data;
(b) The types of data that a qualified researcher may be
provided from the registry; and
(c) The manner by which a researcher must protect registry data
obtained under this subsection. + }
SECTION 5. { + Nothing in sections 1 to 9 of this 2009 Act
requires the Department of Human Services to:
(1) Prescribe the form or content of a POLST;
(2) Disseminate forms to be used for a POLST;
(3) Educate the public about POLSTs, generally; or
(4) Train health care providers about POLSTs. + }
SECTION 6. { + (1) There is established the Oregon POLST
Registry Advisory Committee to advise the Department of Human
Services regarding the implementation, operation and evaluation
of the POLST registry.
(2) The members of the Oregon POLST Registry Advisory Committee
shall be appointed by the Director of Human Services and shall
include, at a minimum:
(a) A health professional with extensive experience and
leadership in POLST issues;
(b) A physician who is a supervising physician, as defined in
ORS 682.025, for emergency medical technicians and who has
extensive experience and leadership in POLST issues;
(c) A representative from the hospital community with extensive
experience and leadership in POLST issues;
(d) A representative from the long term care community with
extensive experience and leadership in POLST issues;
(e) A representative from the hospice community with extensive
experience and leadership in POLST issues;
(f) An emergency medical technician actively involved in
providing emergency medical services; and
(g) Two members of the public with active interest in
end-of-life treatment preferences.
(3) The Director of the Emergency Medical Services and Trauma
Systems Program within the Department of Human Services, or a
designee of the director, shall serve as a voting ex officio
member of the committee.
(4) The Director of Human Services may appoint additional
members to the committee.
(5) The committee shall meet at least four times per year, at
times and places specified by the Director of Human Services.
(6) The Department of Human Services shall provide staff
support for the committee.
(7) Except for the Director of the Emergency Medical Services
and Trauma Systems Program, a member of the committee shall serve
a term of two years. Before the expiration of the term of a
member, the director shall appoint a successor whose term begins
on January 2 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the Director
of Human Services shall make an appointment to become immediately
effective for the unexpired term.
(8) The Director of Human Services, or a designee of the
director, shall consult with the committee in drafting rules on
the implementation, operation and evaluation of the POLST
registry. + }
SECTION 7. { + Notwithstanding the term of office specified in
section 6 of this 2009 Act, of the members described in section 6
(2) of this 2009 Act who are first appointed to the Oregon POLST
Registry Advisory Committee:
(1) At least two shall serve for terms ending January 1, 2011.
(2) At least three shall serve for terms ending January 1,
2012.
(3) At least three shall serve for terms ending January 1,
2013. + }
SECTION 8. { + Except as provided in section 4 of this 2009
Act, all information collected or developed by the POLST registry
that identifies or could be used to identify a patient, health
care provider or facility is confidential and is not subject to
civil or administrative subpoena or to discovery in a civil
action, including but not limited to a judicial, administrative,
arbitration or mediation proceeding. + }
SECTION 9. { + Any person reporting information to the POLST
registry or acting on information obtained from the POLST
registry in good faith is immune from any civil or criminal
liability that might otherwise be incurred or imposed with
respect to the reporting of information to the POLST registry or
acting on information obtained from the POLST registry. + }
SECTION 10. { + There is appropriated to the Department of
Human Services, for the biennium beginning July 1, 2009, out of
the General Fund, the amount of $740,000 for the purpose of
carrying out the provisions of sections 1 to 9 of this 2009
Act. + }
SECTION 11. ORS 163.206 is amended to read:
163.206. ORS 163.200 and 163.205 do not apply:
(1) To a person acting pursuant to a court order, an advance
directive or a power of attorney for health care pursuant to ORS
127.505 to 127.660 { + or a POLST, as defined in section 2 of
this 2009 Act + };
(2) To a person withholding or withdrawing life-sustaining
procedures or artificially administered nutrition and hydration
pursuant to ORS 127.505 to 127.660;
(3) When a competent person refuses food, physical care or
medical care;
(4) To a person who provides an elderly person or a dependent
person who is at least 15 years of age with spiritual treatment
through prayer from a duly accredited practitioner of spiritual
treatment as provided in ORS 124.095, in lieu of medical
treatment, in accordance with the tenets and practices of a
recognized church or religious denomination of which the elderly
or dependent person is a member or an adherent; or
(5) To a duly accredited practitioner of spiritual treatment as
provided in ORS 124.095.
SECTION 12. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect
July 1, 2009. + }
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