justicedao/ipfs_state_laws huggingface dataset:
325-011-0046 Patient Safety Activity Agreements (1) Prior to engaging in a patient safety activity convened or facilitated by the Oregon Patient Safety Commission (OPSC), all individuals shall complete and submit a signed patient safety activity agreement. (2) Participants who have completed and signed a patient safety activity agreement are, for the patient safety activity and patient safety data to which the agreement pertains, entitled to the benefits set forth in these rules and ORS 442.844 and 442.846. (3) Patient safety activity agreements shall include but not be limited to: (a) Acknowledgement of confidentiality provisions applicable to any patient safety data being shared with OPSC or among other Patient Safety Reporting Program participants, pursuant to ORS 442.844 and 442.846; and (b) Confirmation that the individual is participating as: (A) A representative of an eligible entity; (B) A facilitator or presenter who has created patient safety data in furtherance of a patient safety initiative, at the direction of or in collaboration with OPSC; or (C) An invited representative of an organization or a provider across the continuum of health care. Statutory/Other Authority: ORS 442.820 & 442.831 Statutes/Other Implemented: ORS 442.819-442.851 History: PSC 2-2025, adopt filed 05/16/2025, effective 05/16/2025
325-011-0050 Withdrawal from Commitment Agreement (1) If a n eligible entity chooses to withdraw from the commitment agreement to report adverse events as described in OAR 325-011-0045 , it must submit its withdrawal request in writing to the Oregon Patient Safety Commission (OPSC). The request must include its reason for withdrawing from the commitment agreement . (2) OPSC will process withdrawals of commitment agreements and remove each of the facility’s user accounts from the Oregon Patient Safety Reporting Portal within 30 days. Statutory/Other Authority: ORS 442.820 & 442.831 Statutes/Other Implemented: ORS 442.819-442.851 History: PSC 2-2025, amend filed 05/16/2025, effective 05/16/2025 PSC 1-2024, adopt filed 02/07/2024, effective 02/07/2024
325-011-0055 Annual Participant Fee (1) All hospitals, ambulatory surgery centers, and renal dialysis facilities licensed under ORS 441.015, all community retail pharmacies licensed under ORS 689, and all long term care facilities licensed under OAR 411, division 085 must pay an annual fee. Per ORS 442.850 these fees will be assessed independent of participation status in the Oregon Patient Safety Reporting Program. Health care facilities must pay according to the following table for the 2024 calendar year: [See attached table.] (2) Initial fees will be due by December 31 of the year a health care facility becomes licensed by the state of Oregon. Annual fees for a calendar year will be due by December 31 of the prior calendar year. Any uncollected fees are turned over to the Department of Revenue for collection on or after April 1 following the date of invoice. (3) Participation fees will not be refunded due to participant withdrawal from the Oregon Patient Safety Reporting Program. (4) Fees shall be annually adjusted by the Oregon Patient Safety Commission (OPSC) Board of Directors, at a rate equal to the annual average Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor, Bureau of Labor Statistics for every fiscal year. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 442.820 & 442.831 Statutes/Other Implemented: ORS 442.850-442.851 History: PSC 3-2025, amend filed 07/29/2025, effective 07/29/2025 PSC 2-2024, amend filed 08/30/2024, effective 08/30/2024 PSC 1-2024, adopt filed 02/07/2024, effective 02/07/2024
325-011-0060 List of Participants The Oregon Patient Safety Commission (OPSC) shall maintain a list on its website of eligible entities that, in the 12-month period preceding the creation of the list, have: (1) Submitted one or more patient safety data reports related to an adverse event or close call to the Oregon Patient Safety Reporting Portal; or (2) Reported patient safety data as part of one or more patient safety activities convened or facilitated by OPSC. Statutory/Other Authority: ORS 442.820 & 442.831 Statutes/Other Implemented: ORS 442.819-442.851 History: PSC 2-2025, adopt filed 05/16/2025, effective 05/16/2025
325-035-0005 Filing a Notice of Adverse Health Care Incident When an adverse health care incident occurs in a health care facility, a location operated by a health care facility, or outside a health care facility and the incident involves a health care provider, the health care facility, health care provider or employer of the health care provider, or a patient, may file a notice with the Commission in accordance with this rule. The filing of a notice enables the parties to engage in Early Discussion and Resolution. (1) A notice may be filed with the Commission electronically, by telephone, or by submitting a written form prescribed by the Commission that contains the information described in sections (3) or (5) of this rule. (2) A notice should not be filed with the Commission if: (a) The incident does not meet the definition of an adverse health care incident; (b) The adverse health care incident occurred before July 1, 2014; (c) The adverse health care incident occurred outside of Oregon; (d) The adverse health care incident did not involve at least one health care facility, location operated by a health care facility, or health care provider; or (e) The filer is an inmate as defined in ORS 30.642. (3) A notice filed by a health care facility, a health care provider, or an employer of a health care provider must include, but is not limited to: (a) Incident date (this may be an approximation); (b) Incident location; and (c) Incident description. (4) A notice filed by a health care facility or an employer of a health care provider shall not include the name of a health care provider. (5) A notice filed by a patient must include, but is not limited to: (a) Patient name; (b) Patient date of birth; (c) Incident date (this may be an approximation); (d) Incident description; (e) Incident location; and (f) Adequate contact information for any health care facility or health care provider involved in the incident so the Commission may notify the facility or provider that a notice has been filed. Statutory/Other Authority: Oregon Law 2013, Ch. 5, Secs. 2 & 9 Statutes/Other Implemented: Oregon Law 2013, Ch. 5, Secs. 2 & 9 History: PSC 2-2014, f. 6-12-14, cert. ef. 7-1-14
325-035-0010 Notifying a Health Care Facility, Health Care Provider, or Patient of a Notice of Adverse Health Care Incident (1) When the Commission receives a notice from a patient, the Commission must notify all health care facilities and health care providers named in the notice, using email, telephone, or the US mail as appropriate. The Commission will attempt to contact all health care facilities and health care providers within seven business days of receiving the notice. If a patient is unable to provide accurate contact information for a health care facility or a health care provider, the Commission must attempt to notify the health care facility or health care provider and provide the required notice. (a) If the Commission is not able to identify and contact a health care facility or a health care provider, the Commission must notify the patient in writing that unless accurate contact information for the health care facility or health care provider is received by the Commission within 30 days, the Commission will consider the matter closed. (b) If the Commission does not receive accurate contact information for the health care facility or health care provider within 30 days, the Commission must inform the patient in writing that the Commission has closed the matter. (2) A health care facility, health care provider, or employer of a health care provider who files a notice must: (a) Provide a copy of the notice to the patient; and (b) Notify any health care provider involved in the adverse health care incident of the notice. (3) The Commission must notify a health care provider or health care facility of any notice that is filed by a patient, regardless of whether it appears that incident falls within the definition of an adverse health care incident. A health care provider or health care facility must make its own determination, after being notified by the Commission that a notice has been filed, as to whether the incident is an adverse health care incident such that the parties may engage in discussions. Statutory/Other Authority: Oregon Law 2013, Ch. 5 & Sec. 9 Statutes/Other Implemented: Oregon Law 2013, Ch. 5, Secs. 2 & 9 History: PSC 2-2014, f. 6-12-14, cert. ef. 7-1-14
325-035-0015 Procedures for Conducting Discussions (1) A health care facility, health care provider, or employer of a health care provider who files or is named in a notice of adverse health care incident and the patient who is the subject of the adverse health care incident may engage in Early Discussion and Resolution in an attempt to resolve the incident. (2) If the parties choose to participate in Early Discussion and Resolution, the initial discussion should take place as soon as possible and generally within 72 hours of a health care facility or health care provider filing a notice or being informed by the Commission that a notice was filed by a patient, and conclude within 180 days of the initial filing of the notice. (3) The parties may agree to extend the 180 day time limit described in section (2) of this rule if they also agree to extend the statute of limitations applicable to a negligence claim. (4) Each party involved in Early Discussion and Resolution may include other persons in the discussion, including a mediator as outlined in OAR 325-035-0035. (5) The health care facility, health care provider, or employer of a health care provider who chooses to participate in Early Discussion and Resolution must notify the patient and all other parties involved in the adverse health care incident of the date, time, and location of the discussions and shall reasonably accommodate all persons who have been invited to participate by the parties and wish to attend. (6) Discussions may include: (a) An explanation of what occurred and the implications for the patient’s health and well-being; (b) An explanation of the causes of the incident; (c) An apology or expression of regret to the patient; (d) The steps the health care facility or health care provider will take to prevent future occurrences of the adverse health care incident; and (e) Compensation for the adverse health care incident. (7) If the health care facility or health care provider is not going to make an offer of compensation, the health care facility or health care provider may communicate that to the patient orally or in writing. (8) If compensation is offered, the offer must be in writing and the patient must be advised by the health care facility or health care provider of their right to seek legal advice before accepting the offer. (9) Discussions and offers of compensation made in Early Discussion and Resolution: (a) Do not constitute an admission of liability; (b) Are confidential and may not be disclosed; and (c) Except as provided in Oregon Laws 2013, Chapter 5, Section 3, are not admissible as evidence in any subsequent adjudicatory proceeding and may not be disclosed by the parties in any subsequent adjudicatory proceeding. Statutory/Other Authority: Oregon Law 2013, Ch. 5, Sec. 3 & 9 Statutes/Other Implemented: Oregon Law 2013, Ch. 5, Secs. 3, 4 & 9 History: PSC 2-2014, f. 6-12-14, cert. ef. 7-1-14
325-035-0020 Filing Reports about Resolution (1) The Commission must request a confidential report indicating the status of the matter from the person that filed the notice within 180 days after the notice was filed. If the matter is not resolved 180 days after the notice was filed, the Commission may request additional reports from the person that filed the notice as necessary. (2) A report may include: (a) Whether the matter has been resolved; (b) Whether an apology was offered or there were expressions of regret; (c) Whether the health care facility or health care provider agreed to take steps to prevent future occurrences of the adverse health care incident; (d) How many oral communications, including face-to-face discussions, the parties have had; (e) Who has participated in the oral communications, including face-to-face discussions; (f) Whether the parties engaged in mediation; and (g) Whether compensation was offered and accepted. (3) If an offer of compensation is accepted by a patient at any point during discussions, the health care facility or provider must notify the Commission. (4) If the parties to Early Discussion and Resolution resolve the matter, the person who filed the notice may submit a report about resolution as described in section (1) of this rule. (5) If resolution is not achieved within 180 days, the Commission may request a report about resolution at a later date. (6) The Commission may accept a report about resolution from an individual to whom the person who filed the notice has delegated authority to submit the report. Statutory/Other Authority: Oregon Law 2013, Ch. 5 & Sec. 9 Statutes/Other Implemented: Oregon Law 2013, Ch. 5, Secs. 3 & 9 History: PSC 2-2014, f. 6-12-14, cert. ef. 7-1-14
325-035-0025 Mediation (1) If a discussion as described in OAR 325-035-0015 does not result in the resolution of an adverse health care incident, the patient and the health care facility or health care provider who files or is named in a notice of adverse health care incident may enter into mediation. (2) The parties who have agreed to participate in mediation shall bear the cost of mediation equally unless otherwise mutually agreed. (3) Other persons that may participate in the mediation include, but are not limited to: (a) Members of the patient’s family, at the discretion of the patient; (b) Attorneys for the patient, the health care facility and the health care provider; (c) Professional liability insurance carriers; (d) Risk management personnel; and (e) Any lien holder with an interest in the dispute. (4) Mediation under this rule is subject to ORS 36.110 through 36.238. Statutory/Other Authority: Oregon Law 2013, Ch. 5 & Sec. 9 Statutes/Other Implemented: Oregon Law 2013, Ch. 5, Secs. 5 & 9 History: PSC 2-2014, f. 6-12-14, cert. ef. 7-1-14
325-035-0030 Adding a Mediator to the Mediator Panel (1) The Commission must develop and maintain a panel of mediators that meet the qualifications established in this rule. (2) To be included in the Commission’s panel of mediators, an individual must meet the qualifications set forth is OAR 325-035-0035 and provide information to the Commission about themselves and their qualifications by completing and submitting the mediator panel application on the Commission’s website (http://oregonpatientsafety.org). Information provided must include but is not limited to: (a) Contact information; (b) Education level; (c) Number of mediations conducted, approximate number of hours of mediation experience, and approximate number of hours dealing with cases or matters involving medical malpractice or personal injury; (d) General mediator training; (e) Specific subject training; (f) Continuing education; (g) Professional standards of mediation practice to which the mediator adheres; (h) Counties of Oregon that they are willing to serve; (i) Languages spoken; (j) Website links, if applicable; and (k) Fee information. Statutory/Other Authority: Oregon Law 2013, Ch. 5, Secs. 5 & 9 Statutes/Other Implemented: Oregon Law 2013, Ch. 5, Secs. 5 & 9 History: PSC 2-2014, f. 6-12-14, cert. ef. 7-1-14
325-035-0035 Mediator Qualifications (1) The Commission will consider a mediator to have met the required qualifications if the individual has: (a) Formally mediated 50 cases or engaged in 500 hours of formal mediation; (b) Completed 30 hours of education meeting the standards in Appendix A or equivalent training; (c) Received an orientation to Early Discussion and Resolution, made available by the Commission; (d) Completed at least 16 additional hours of professionally accredited subject-specific training (which may include, but is not limited to: training related to medicine, health care, medical or hospital culture, health care transformation, mental health, grief counseling, psychology, risk management, key substantive, procedural or evidentiary laws relating to personal injury or adverse health care incidents, and adverse incident mediation discussion or role-playing); (e) Have at least 150 hours of experience dealing with cases or matters that involve medical malpractice or personal injury as a mediator, facilitator, doctor, nurse, social worker, judge, consultant, psychologist, or attorney; and (f) Provided the ethics and standards of practice to which they adhere. (2) A mediator may request a waiver from the Commission from any mediator qualification. Such a request must be in writing and must describe why the qualification cannot be met and the facts that otherwise make the mediator qualified to be listed on the panel. The Commission may, in its discretion, waive a requirement for mediator qualification if it appears that the mediator has qualifications or the experience necessary to appropriately mediate matters involving adverse health care incidents. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: Oregon Law 2013, Ch. 5, Secs. 5 & 9 Statutes/Other Implemented: Oregon Law 2013, Ch. 5, Secs. 5 & 9 History: PSC 2-2014, f. 6-12-14, cert. ef. 7-1-14
325-035-0040 Publication of Mediator Panel (1) If a mediator has submitted information in accordance with OAR 325-035-0030 and attested that he or she meets the qualifications in OAR 325-035-0035, the Commission must publish the mediator’s name, contact information, and responses to questions asked on the mediator panel application on the Commission’s website. (2) Annually, the Commission must contact all listed mediators requesting that they update or confirm their information and qualifications. Mediators who do not confirm their information or continuing qualifications within the timeframe established by the Commission must be removed from the list, but may reapply for inclusion. Mediators may update or confirm their information at any time. (3) If at any time the Commission discovers that a mediator does not meet qualifications, they will be removed from the list. Statutory/Other Authority: Oregon Law 2013, Ch. 5 & Sec. 9 Statutes/Other Implemented: Oregon Law 2013, Ch. 5, Secs. 5 & 9 History: PSC 2-2014, f. 6-12-14, cert. ef. 7-1-14
325-035-0045 The Role of the Administrative Entity (1) The Commission shall use notices of adverse health care incidents to: (a) Establish quality improvement techniques to reduce patient care errors that contribute to adverse health care incidents; (b) Develop evidence-based prevention practices to improve patient outcomes and disseminate information about those practices; and (c) Upon the request of a health care facility or health care provider, assist the facility or provider in reducing the frequency of a particular adverse health care incident, including, but not limited to, determining the underlying cause of the incident and providing advice regarding preventing reoccurrence of the incident. (2) The Commission may disseminate information relating to a notice of adverse health care incident to the public and to health care providers and health care facilities not involved in the incident as necessary to meet the goals described in section 1 of this rule. Information disclosed must not identify a health care facility, health care provider or patient involved in the adverse health care incident. (3) The Commission may not disclose any information provided pursuant to a discussion under Oregon Laws 2013, Chapter 5, Section 3 to a regulatory agency or licensing board. (4) The Commission may use and disclose information provided pursuant to a discussion under Oregon Laws 2013, Chapter 5, Section 3 as necessary to assist a health care facility or health care provider involved in an adverse health care incident in determining the cause of and potential mitigation of the incident. If the Commission discloses information under this section to a person not involved in the incident, the information may not identify a health care facility, health care provider or patient involved in the incident. (5) The Commission will periodically disseminate aggregate information about incidents reported in notices and what has been learned about successful resolution. Additional information may be disseminated depending on data available. Statutory/Other Authority: Oregon Law 2013, Ch. 5 & Sec. 9 Statutes/Other Implemented: Oregon Law 2013, Ch. 5, Secs. 9 & 10 History: PSC 2-2014, f. 6-12-14, cert. ef. 7-1-14
330-001-0000 Notification of Rulemaking Activities Prior to the adoption, amendment, or repeal of any rule, the Department of Energy shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 15 days prior to the effective date. (2) By mailing a copy of the notice to persons on the Department of Energy’s mailing list established pursuant to ORS 183.335(6). (3) By mailing a copy of the notice to the following persons, organizations, or publications: (a) United Press International and Associated Press; (b) Oregon Environmental Council; (c) Western Environmental Trade Association; (d) Oregonian, Oregon Journal, and all other daily newspapers in Oregon; (e) Associated Oregon Industries; (f) Associated General Contractors; (g) AFL-CIO. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183 History: DOE 2, f. & ef. 10-21-75
330-001-0005 Model Rules of Procedure Pursuant to the provisions of ORS 183.341, the Department of Energy adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedure Act as amended and effective January 1, 2008. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183 History: DOE 2-2010, f. & cert. ef. 1-27-10 DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03 DOE 5-1988, f. & cert. ef. 8-18-88 DOE 6-1981, f. & ef. 12-1-81 DOE 4-1980, f. & ef. 3-12-80 DOE 4-1978, f. & ef. 5-2-78 DOE 1, f. 8-27-75, ef. 9-25-75
330-001-0025 Public Records Request (1) All public records of the Oregon Department of Energy are available for public inspection and copying at the department during usual business hours, except for records that the department has determined to be exempt or conditionally exempt from disclosure in accordance with ORS Chapter 192 and any other references establishing an exemption to disclosure of public records. (2) A request to inspect or obtain copies of a public record or information from public records shall be made in writing and must include the following information: (a) Name, address, email address and telephone number of the requester, except as considered unnecessary by the Director; and (b) A specific description of the records requested. (3) The department will charge fees involved in making public records available to the public as established by agency policy pursuant to ORS 192.440, and insure that all charges reflect no more than the actual cost to the department of producing and processing the public records request. (4) The requester must pay all fees for access of a public record in advance unless later payment is approved by the Director. Statutory/Other Authority: ORS 192.430 Statutes/Other Implemented: ORS 192.410 – 192.505 History: DOE 4-2017, f. & cert. ef. 5-24-17 DOE 2-2010, f. & cert. ef. 1-27-10