75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 3059
 
LC 2981/HB 3059-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3059
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             June 16
 
  On page 1 of the printed bill, line 2, after the first
semicolon insert 'creating new provisions;' and delete ' 431.623,
431.627' and insert '431.617, 431.623'.
  Delete lines 27 through 30.
  On page 2, delete lines 1 through 43.
  In line 44, delete '3' and insert '2'.
  On page 3, after line 23, insert:
  '  { +  SECTION 3. + }  { + Section 4 of this 2009 Act is added
to and made a part of ORS 431.623 to 431.671. + }
  '  { +  SECTION 4. + }  { + (1) As used in this section,
'individually identifiable information' means:
  ' (a) Individually identifiable health information as that term
is defined in ORS 179.505; and
  ' (b) Information that could be used to identify a health care
provider, ambulance service medical transportation agency or
health care facility.
  ' (2) Notwithstanding ORS 431.627, individually identifiable
information may be released from the Oregon Trauma Registry:
  ' (a) For use in executive session to conduct specific case
reviews by:
  ' (A) The State Trauma Advisory Board or any area trauma
advisory board;
  ' (B) The State Emergency Medical Service Committee; or
  ' (C) The Emergency Medical Services for Children Advisory
Committee.
  ' (b) For quality assurance or quality improvement purposes to
an emergency medical services provider or a designated trauma
center if the information is related to the treatment of an
individual by the provider or center.
  ' (c) To a person conducting research only if an institutional
review board has approved the research in accordance with 45
C.F.R. part 46 and the person agrees to maintain the
confidentiality of the information.
  ' (3) The Department of Human Services may release only the
minimum amount of individually identifiable information necessary
to carry out the purposes for which it is released under this
section. + }
  '  { +  SECTION 5. + } ORS 431.617 is amended to read:
  ' 431.617.   { - No provider shall - }  { +  (1) A provider may
not + } be held liable for acting in accordance with approved
trauma system plans.
  '  { +  (2) A person who in good faith provides data or other
information to the Oregon Trauma Registry in accordance with ORS
431.623 to 431.671 is immune from any civil or criminal liability
that might otherwise be incurred or imposed with respect to
provision of the data. + } ' .
  In line 24, delete '4' and insert '6'.
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