Patient Safety in Oregon
Oregon has a significant amount of laws and regulations governing patient safety. Such laws cover the reporting of adverse events and patient abuse and the collection, use and disclosure of patient abuse records. On a broader scale, the laws also govern the collection, use and disclosure of patient safety data by providers and government entities.
With respect to patient abuse and other adverse events, the Oregon Patient Safety Commission has established a confidential, voluntary serious adverse reporting system1 open to hospitals, long-term care facilities, pharmacies, ambulatory surgical centers, outpatient renal dialysis facilities, freestanding birthing centers, and independent professional health care societies or associations.2 In implementing the reporting program, the commission’s board of directors must maintain the confidentiality of all data that could identify a provider or patient.3
In addition to this voluntary system, several providers and facilities are required to report suspected and confirmed cases of abuse of certain individuals. Physicians, licensed nurses, employees of the Department of Human Services or the county health or mental health department, contractors, peace officers, clergy, licensed social workers, physical, speech or occupational therapists, family members or guardians of residents, and nursing facility administration officials are all required to report abuse of a nursing home resident.4 PACE program employees must report suspected abuse of a program participant.5 Anyone who suspects abuse of a long-term care facility resident must immediately make a report to such effect.6 Public and private officials must report abuse of any mentally retarded or developmentally disabled adult.7 Adult foster homes8 and residential training centers must also report abuse.9 The information required for reports on nursing facility residents,10 mentally ill or developmentally disabled persons11 and long-term care facility residents12 includes the name and address of the resident, the nature and extent of the abuse and the information that lead the reporter to believe the abuse occurred.
The Department of Human Services may use abuse and neglect reports maintained by the department for the purpose of providing protective services or screening subject individuals; reports are confidential and may only be disclosed as authorized by law.13
With respect to patient safety data, Oregon requires a number of facilities to participate in the health care acquired infections (HAI) reporting program. Hospitals,14 ambulatory surgical facilities,15 and, beginning on January 1, 2013, dialysis facilities,16 are all required to collect data on health care acquired infections. The Office for Oregon Health Policy and Research must quarterly disclose updated facility- and state-level HAI rates to the public; the office will summarize HAI data into an annual report, and will disclose the data to the public.17 The office must take precautions to prevent the unauthorized disclosure of hospital outcome measure raw data files.18 Unless specifically required by law, the Office for Oregon Health Policy and Research is prohibited from disclosing patient information, intentionally linking or attempting to link individual providers to individual health care acquired infection (HAI) events, and from providing patient- or provider-level reportable HAI data to any state agency for enforcement or regulatory actions.19
Footnotes
- 1. Or. Rev. Stat. §442.820
- 2. Or. Rev. Stat. §442.837
- 3. Or. Rev. Stat. §442.831
- 4. Or. Admin. R. 411-085-0360
- 5. Or. Admin. R. 411-045-0100
- 6. Or. Rev. Stat. § 441.645
- 7. Or. Rev. Stat. § 430.765
- 8. Or. Admin. R. 309-040-0390
- 9. Or. Admin. R. 309-043-0380
- 10. Or. Admin. R. 411-085-0360
- 11. Or. Rev. Stat. § 430.743
- 12. Or. Rev. Stat. § 441.645
- 13. Or. Rev Stat. § 409.027
- 14. Or. Admin R. 409-023-0010
- 15. Or. Admin. R. 409-023-0012
- 16. Or. Admin. R. 409-023-0015
- 17. Or. Admin. R. 409-023-0020
- 18. Or. Admin R. 409-023-0025
- 19. Or. Admin. R. 409-023-0030