68th OREGON LEGISLATIVE ASSEMBLY--1995 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 3489
B-Engrossed
Senate Bill 971
Ordered by the House May 15
Including Senate Amendments dated April 11 and House Amendments
dated May 15
Sponsored by Senator DUKES; Senators McCOY, SHANNON, SORENSON (at
the request of Oregon Breast Cancer Coalition)
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.
Creates cancer registry for collection of information regarding
incidence of cancer and related issues. Allows Assistant Director
for Health to impose civil penalty for failure to comply with
certain provision.
A BILL FOR AN ACT
Relating to cancer.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 2 to 7 of this Act:
(1) 'Division' means the Health Division of the Department of
Human Resources or its authorized representative.
(2) 'Health care facility' has the meaning given that term in
ORS 442.015 (14)(a) and (c).
(3) 'Practitioner' means any person whose professional license
allows the person to diagnose or treat cancer in patients. + }
SECTION 2. { + (1) The Health Division shall establish a
uniform, statewide, population-based cancer registry system for
the collection of information determining the incidence of cancer
and related data. The purpose of the registry shall be to provide
information to design, target, monitor, facilitate and evaluate
efforts to determine the causes or sources of cancer among the
residents of Oregon and to reduce the burden of cancer in Oregon.
Such efforts may include but are not limited to:
(a) Targeting populations in need of cancer screening services
or evaluating screening or other cancer control services;
(b) Supporting the operation of hospital registries in
monitoring and upgrading cancer care and the end results of
treatment;
(c) Investigating suspected clusters or excesses of cancer both
in occupational settings and in the state's environment
generally;
(d) Conducting studies to identify cancer hazards to the public
health and cancer hazard remedies; and
(e) Projecting the benefits or costs of alternative policies
regarding cancer prevention or treatment.
(2) The division shall adopt rules necessary to carry out the
purposes of sections 2 to 7 of this Act, including but not
limited to designating which types of cancer are reportable to
the statewide cancer registry, the data to be reported, the data
reporting standards and format and the effective date after which
reporting by health care facilities and practitioners shall be
required.
(3) The division shall:
(a) Conduct a program of epidemiologic analyses of cancer
registry data collected under subsection (1) of this section to
assess cancer control, cancer prevention, cancer treatment and
cancer causation in Oregon; and
(b) Utilize the data to promote, facilitate and evaluate
programs designed to reduce the burden of cancer among the
residents of Oregon.
(4) The division shall:
(a) Collaborate in cancer studies with clinicians and
epidemiologists and publish reports on the results of such
studies; and
(b) Cooperate with the National Institutes of Health and the
Centers for Disease Control in providing cancer incidence data.
(5) The division shall establish a training program for the
personnel of participating health care facilities and a quality
control program for cancer data reported to the state
registry. + }
SECTION 3. { + (1) Any health care facility in which cancer
patients are diagnosed or provided treatment for cancer shall
report each case of cancer to the Health Division within a time
period and in a format prescribed by the division. The division
shall provide, at cost, reporting services to any health care
facility at the option of the health care facility. Health care
facilities may also purchase reporting services from another
facility or commercial vendor. If a health care facility is
unable to report in conformance with the format and standards
prescribed by the division, the division may, after consultation
with the health care facility, elect to activate its reporting
service for the facility. When activated, the division may enter
the facility, obtain the information and report it in conformance
with the appropriate format and standards. In these instances,
the facility shall reimburse the division or its authorized
representative for the cost of obtaining and reporting the
information.
(2) Any practitioner diagnosing or providing treatment to
cancer patients shall report each cancer case to the division or
its authorized representative within a time period and in a
format prescribed by the division. Those cases diagnosed or
treated at an Oregon health care facility or previously admitted
to an Oregon health care facility for diagnosis or treatment of
that instance of cancer shall be considered to have been reported
by the health care practitioner.
(3) For the purpose of assuring the accuracy and completeness
of reported data, the division shall have the right to
periodically review all records that would identify cases of
cancer or would establish characteristics of the cancer,
treatment of the cancer or the medical status of any identified
cancer patient.
(4) The division may conduct special studies of cancer
morbidity and mortality. As part of such studies, cancer registry
personnel may obtain additional information that applies to a
patient's cancer and that may be in the medical record of the
patient. The record holder may either provide the requested
information to the cancer registry personnel or provide the
cancer registry personnel access to the relevant portions of the
patient's medical record. Neither the division nor the record
holder shall bill the other for the cost of providing or
obtaining this information. + }
SECTION 4. { + (1) In addition to any other liability or
penalty provided by law, the Assistant Director for Health may
impose a civil penalty on any person for willful failure to
comply with any part of section 3 of this Act. A civil penalty
may be imposed against a health care facility for each day
compliance is refused. The penalty shall be $50 per day for the
first 30 days and $500 per day thereafter. A civil penalty of $50
may be imposed against a practitioner for each day compliance is
refused.
(2) Any fines collected pursuant to subsection (1) of this
section shall be paid into the State Treasury and deposited in
the General Fund.
(3) Civil penalties described in subsection (1) of this section
shall be imposed in the manner provided in ORS 183.090. + }
SECTION 5. { + (1) All identifying information regarding
individual patients, health care facilities and practitioners
reported pursuant to section 3 of this Act shall be confidential
and privileged. Except as required in connection with the
administration or enforcement of public health laws or rules, no
public health official, employee or agent shall be examined in an
administrative or judicial proceeding as to the existence or
contents of data collected under the cancer registry system.
(2) All additional information reported in connection with a
special study shall be confidential and privileged and shall be
used solely for the purposes of the study, as provided by ORS
432.060. Nothing in this section shall prevent the Health
Division from publishing statistical compilations relating to
morbidity and mortality studies that do not identify individual
cases or prevent use of this data by third parties to conduct
research as provided by section 6 (1) of this Act. + }
SECTION 6. { + (1) The Health Division shall adopt rules under
which confidential data may be used by third parties to conduct
research and studies for the public good. Research and studies
conducted using confidential data from the statewide registry
must be reviewed and approved by the Committee for the Protection
of Human Research Subjects established in accordance with 45
C.F.R. 46.
(2) The division may enter into agreements to exchange
information with other cancer registries in order to obtain
complete reports of Oregon residents diagnosed or treated in
other states and to provide information to other states regarding
the residents of other states diagnosed or treated in Oregon.
Prior to providing information to any other registry, the
division shall ensure that the recipient registry has comparable
confidentiality protections. + }
SECTION 7. { + (1) No action for damages arising from the
disclosure of confidential or privileged information may be
maintained against any person, or the employer or employee of any
person, who participates in good faith in the reporting of cancer
registry data or data for cancer morbidity or mortality studies
in accordance with sections 2 to 6 of this Act.
(2) No license of a health care facility or practitioner may be
denied, suspended or revoked for the good faith disclosure of
confidential or privileged information in the reporting of cancer
registry data or data for cancer morbidity or mortality studies
in accordance with sections 2 to 6 of this Act.
(3) Nothing in this section shall be construed to apply to the
unauthorized disclosure of confidential or privileged information
when such disclosure is due to gross negligence or willful
misconduct. + }
SECTION 8. { + During the five years following the effective
date of this Act, the Health Division shall investigate funding
sources in addition to state and federal funds to finance the
continued operation of the cancer registry. The investigation
shall include a review of potential private sources of funding
and whether privatization of the cancer registry is a viable
alternative for the continued operation of the cancer
registry. + }
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