75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 3466
Sponsored by Representatives OLSON, TOMEI; Representatives BOONE,
COWAN, DEMBROW, D EDWARDS, FREEMAN, KRIEGER, MAURER, VANORMAN,
Senator MORSE
CHAPTER ................
AN ACT
Relating to a medical health database maintained by the
Department of State Police; creating new provisions; and
amending ORS 181.641.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1)(a) The Department of State Police shall
create and maintain a medical health database within the Law
Enforcement Data System in order to provide law enforcement
agencies with information to help the agencies assist persons
with a qualifying illness or condition in obtaining medical,
mental health and social services.
(b) The department shall provide each community mental health
and developmental disabilities program director with the ability
to input and remove data from the medical health database.
(c) The medical health database may not be accessible to any
person who is not employed by a community mental health and
developmental disabilities program or a law enforcement agency as
defined in ORS 181.010.
(2) Not later than seven days after receiving a completed
enrollment form described in subsection (6)(a) of this section, a
community mental health and developmental disabilities program
director shall enter an individual's information into the medical
health database if the director:
(a) Has verified that the individual has a qualifying illness
or condition; and
(b) Has obtained the express written consent of:
(A) The individual;
(B) A person authorized to make medical decisions for the
individual, if the individual is subject to a guardianship,
advanced directive for health care, declaration for mental health
treatment or power of attorney that authorizes the person to make
medical decisions for the individual; or
(C) A parent of the individual, if the individual is under 14
years of age.
(3) To be valid, the express written consent described in
subsection (2)(b) of this section must be witnessed by at least
two adults as follows:
(a) Each witness shall witness either the signing of the
instrument by the individual or the person described in
subsection (2)(b)(B) or (C) of this section, or the individual's
Enrolled House Bill 3466 (HB 3466-INTRO) Page 1
or person's acknowledgment of the signature of the individual or
person.
(b) At least one witness shall be a person who is not:
(A) A relative of the individual by blood, marriage or
adoption; or
(B) An owner, operator or employee of a health care facility in
which the individual is a patient or resident.
(c) The individual's primary care physician or mental health
service provider, or any relative of the physician or provider,
may not be a witness.
(4) The community mental health and developmental disabilities
program director shall destroy the completed enrollment form and
remove an individual's information from the medical health
database:
(a) If the director receives a completed revocation of consent
form described in subsection (6)(b) of this section, signed by
the individual or a person described in subsection (2)(b)(B) or
(C) of this section;
(b) If the individual or a person described in subsection
(2)(b)(B) of this section provides the director with a court
order or other document demonstrating that the person no longer
has the authority to make medical decisions for the individual;
(c) When an individual for whom consent was obtained under
subsection (2)(b)(C) of this section becomes 14 years of age; or
(d) Three years from the date on which the individual's
information was entered into the database.
(5) Not less than 90 days prior to removing an individual from
the medical health database under subsection (4)(c) or (d) of
this section, the director shall provide notice of the impending
removal to the individual and the person described in subsection
(2)(b)(B) or (C) of this section.
(6) The Department of Human Services shall develop:
(a) An enrollment form that allows for the collection of
information to be entered into the medical health database, and
that clearly states that consent by the individual or a person
described in subsection (2)(b)(B) or (C) of this section is
voluntary, revocable and is not a precondition for receiving
medical care or mental health treatment or for discharge from a
facility or program.
(b) A revocation of consent form that allows an individual or a
person described in subsection (2)(b)(B) or (C) of this section
to revoke the consent to include the individual's information in
the medical health database.
(7) The medical health database must contain the following
information:
(a) The individual's name, date of birth, last known address
and physical description;
(b) Any pertinent information related to the individual's
illness or condition, including related symptoms, that may assist
law enforcement agencies in carrying out the purposes of this
section;
(c) The date on which the information was first entered into
the medical health database and the date of any subsequent
updates; and
(d) Contact information for at least two of the following
persons:
(A) The individual's primary care physician;
(B) The individual's case manager in the community mental
health and developmental disabilities program;
(C) A probation officer;
Enrolled House Bill 3466 (HB 3466-INTRO) Page 2
(D) A family member; or
(E) Any other person willing to serve as an emergency contact
person for the individual.
(8) Each community mental health and developmental disabilities
program director shall provide the local public safety
coordinating council described in ORS 423.560 with an annual
report on the use of the medical health database. The report may
not include personally identifiable information that is contained
in the medical health database.
(9) As used in this section:
(a) 'Community mental health and developmental disabilities
program director' includes a designee of the director.
(b) 'Dementia' means the progressive deterioration of
intellectual functioning and other cognitive skills, including
but not limited to aphasia, apraxia, memory, agnosia and
executive functioning, that leads to a significant impairment in
social or occupational function and that represents a significant
decline from a previous level of functioning.
(c) 'Developmental disability' has the meaning given that term
in ORS 40.460 (18a)(d).
(d) 'Qualifying illness or condition' means:
(A) Dementia;
(B) A developmental disability;
(C) An Axis I diagnosis that is described in the Diagnostic and
Statistical Manual of Mental Disorders published by the American
Psychiatric Association; or
(D) A physical or behavioral disorder that causes
disorientation or otherwise may impede an individual's ability to
interact effectively with a law enforcement officer. + }
SECTION 2. ORS 181.641 is amended to read:
181.641. The Department of Public Safety Standards and Training
shall include in the minimum training required for basic
certification as a police officer under ORS 181.665:
(1) The law, theory, policies and practices related to vehicle
pursuit driving and, as facilities and funding permit, vehicle
pursuit training exercises; and
(2) At least 24 hours of training in the recognition of mental
illnesses utilizing a crisis intervention training model { + , at
least one hour of which must include training on the appropriate
use of the medical health database described in section 1 of this
2009 Act + }.
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Enrolled House Bill 3466 (HB 3466-INTRO) Page 3
Passed by House June 23, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 27, 2009
...........................................................
President of Senate
Enrolled House Bill 3466 (HB 3466-INTRO) Page 4
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 3466 (HB 3466-INTRO) Page 5