75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to RC to A-Eng. HB 2243
LC 1020/HB 2243-A3
SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
A-ENGROSSED HOUSE BILL 2243
By JOINT COMMITTEE ON WAYS AND MEANS
June 16
On page 1 of the printed A-engrossed bill, line 4, after '
678.820' insert 'and section 37, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2059)'.
In line 5, after '678.840' insert 'and section 15, chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2059)'.
On page 2, after line 39, insert:
' { + SECTION 3a. + } { + If House Bill 2058 becomes law,
section 1 of this 2009 Act (amending ORS 678.800) is repealed and
ORS 678.800, as amended by section 13, chapter ___, Oregon Laws
2009 (Enrolled House Bill 2058), is amended to read: + }
' 678.800. (1) { - There is hereby created a Board of
Examiners of Nursing Home Administrators. - } { + The Nursing
Home Administrators Board is established within the Oregon Health
Licensing Agency.
' (2) + }The board consists of nine members appointed by the
Governor and subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565. All members of the board
must be concerned with the care and treatment of the chronically
ill or infirm elderly patients and must be residents of this
state. Of the members of the board:
' (a) Three must be nursing home administrators licensed under
{ - ORS 678.710 to 678.780, 678.800 to 678.840 and 678.990
(2) - } { + ORS 678.710 to 678.840 + };
' (b) One must be a medical doctor licensed by the Oregon
Medical Board actively engaged in private practice and conversant
with the care and treatment of the long-term patient;
' (c) One must be a licensed professional nurse actively
engaged in caring for chronically ill and infirm patients and
licensed by the Oregon State Board of Nursing;
' (d) One must be a pharmacist licensed by the State Board of
Pharmacy; and
' (e) Three must be members of the public who are not:
' (A) Otherwise eligible for appointment to the board; or
' (B) A spouse, domestic partner, child, parent or sibling of a
nursing home administrator.
' (2)(a) Board members required to be nursing home
administrators may be selected by the Governor from a list of
three to five nominees submitted by any professional organization
representing nursing home administrators.
' (b) Except for those persons described in paragraph (a) of
this subsection, no member of the board may have a direct
financial interest in a nursing home.
' (c) No more than two of the members of the board may be
officials or full-time employees of state or local governments.
' (d) At least one public member must be at least 62 years of
age.
' (e) No public members of the board may hold any pecuniary
interest in, or have any employment contract with, a long term
care facility.
' (f) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
' (A) Geographic areas of this state; and
' (B) Ethnic group.
' (3)(a) The term of office of each member is three years but a
member serves at the pleasure of the Governor. The terms must be
staggered so that no more than three terms end each year. Before
the expiration of the term of a member, the Governor shall
appoint a successor whose term begins on July 1 next following. A
member is eligible for reappointment. If there is a vacancy for
any cause the Governor shall make an appointment to become
immediately effective for the unexpired term.
' (b) A board member shall be removed immediately from the
board if, during the member's term, the member:
' (A) Is not a resident of this state;
' (B) Has been absent from three consecutive board meetings,
unless at least one absence is excused; or
' (C) Is not a licensed nursing home administrator or a retired
nursing home administrator whose license as a nursing home
administrator was in good standing at the time of retirement, if
the member was appointed to serve on the board as a nursing home
administrator.
' (4) The members of the board are entitled to compensation and
expenses as provided in ORS 292.495. The board may provide by
rule for compensation to board members for the performance of
official duties at a rate that is greater than the rate provided
in ORS 292.495.
' { + SECTION 3b. + } { + If House Bill 2058 becomes law,
section 2 of this 2009 Act is repealed. + }
' { + SECTION 3c. + } If House Bill 2058 becomes law, section
3 of this 2009 Act is amended to read:
' { + Sec. 3. + } (1) The amendments to ORS 678.800 by
section { - 1 - } { + 3a + } of this 2009 Act are intended to
change the name of the 'Board of Examiners of Nursing Home
Administrators' to the 'Nursing Home Administrators Board. '
' (2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the 'Board of
Examiners of Nursing Home Administrators,' wherever they occur in
Oregon Revised Statutes, other words designating the 'Nursing
Home Administrators Board.' ' .
On page 6, after line 32, insert:
' { + SECTION 16a. + } { + If House Bill 2059 becomes law,
section 15, chapter ___, Oregon Laws 2009 (Enrolled House Bill
2059) (amending ORS 678.725), is repealed and ORS 678.725, as
amended by section 16 of this 2009 Act, is amended to read: + }
' 678.725. (1) { + (a) Unless state or federal laws relating to
confidentiality or the protection of health information prohibit
disclosure, + } any health care facility licensed under ORS
441.015, any licensee licensed by the Oregon Health Licensing
Agency, any physician licensed by the Oregon Medical Board, any
licensed professional nurse and any licensed pharmacist shall
{ - , and any other person may, - } report to the agency
suspected violations of ORS 678.710 to 678.840 and unsanitary or
other unsatisfactory conditions in a nursing home.
' { + (b) Unless state or federal laws relating to
confidentiality or the protection of health information prohibit
disclosure, a licensee licensed under ORS 678.710 to 678.840 who
has reasonable cause to believe that a licensee of any board as
defined in section 1, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2059), has engaged in prohibited conduct as defined in
section 1, chapter ___, Oregon Laws 2009 (Enrolled House Bill
2059), shall report the prohibited conduct in the manner provided
in section 1, chapter ___, Oregon Laws 2009 (Enrolled House Bill
2059).
' (c) Any person may report to the agency suspected violations
of ORS 678.710 to 678.840 or unsanitary conditions in a nursing
home + }.
' (2) Information acquired by the agency pursuant to subsection
(1) of this section is confidential and is not subject to public
disclosure.
' (3) Any person who reports or provides information to the
agency under subsection (1) of this section and who provides
information in good faith may not be subject to an action for
civil damages as a result of making the report or providing the
information.
' { + SECTION 16b. + } { + The amendments to ORS 678.725 by
section 16a of this 2009 Act become operative January 1,
2010. + }
' { + SECTION 16c. + } If House Bill 2059 becomes law,
section 37, chapter ___, Oregon Laws 2009 (Enrolled House Bill
2059), is amended to read:
' { + Sec. 37. + } Sections 1, 6, 9, 11, 13, 17, 20, 23, 26,
28, 30, 33 and 35 { + , chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2059), + } { - of this 2009 Act - } and the
amendments to ORS 675.583, 678.135, 678.725, 679.310, 681.505,
682.220, 684.200, 687.051, 688.135, 688.605 and 689.455 by
sections 2, 3, 4, 7, 14, { - 15, - } 18, 21, 24, 31 and
36 { + , chapter ___, Oregon Laws 2009 (Enrolled House Bill
2059), + } { - of this 2009 Act - } { + and section 16a of
this 2009 Act + } apply to prohibited conduct as defined in
section 1 { + , chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2059), + } { - of this 2009 Act - } that occurs on or
after the effective date of { + chapter ___, Oregon Laws 2009
(Enrolled House Bill 2059) + } { - this 2009 Act - } .'.
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