Oregon Revised Statutes Chapter 433 § 433.443 — Authority of Public Health Director during public health emergency; penalties;

Authority of Public Health Director during public health emergency; penalties; access to and use of individually identifiable health information; rules. (1) As used in this section: (a) “Covered entity” means: (A) The Children’s Health Insurance Program; (B) A health insurer that is an insurer as defined in ORS 731.106 and that issues health insurance as defined in ORS 731.162; (C) The state medical assistance program; and (D) A health care provider. (b) “Health care provider” includes but is not limited to: (A) A psychologist, occupational therapist, regulated social worker, professional counselor or marriage and family therapist licensed or otherwise authorized to practice under ORS chapter 675 or an employee of the psychologist, occupational therapist, regulated social worker, professional counselor or marriage and family therapist; (B) A physician or physician associate licensed under ORS chapter 677, an acupuncturist licensed under ORS 677.759 or an employee of the physician, physician associate or acupuncturist; (C) A nurse or nursing home administrator licensed under ORS chapter 678 or an employee of the nurse or nursing home administrator; (D) A dentist licensed under ORS chapter 679 or an employee of the dentist; (E) A dental hygienist or denturist licensed under ORS chapter 680 or an employee of the dental hygienist or denturist; (F) A speech-language pathologist or audiologist licensed under ORS chapter 681 or an employee of the speech-language pathologist or audiologist; (G) An emergency medical services provider licensed under ORS chapter 682; (H) An optometrist licensed under ORS chapter 683 or an employee of the optometrist; (I) A chiropractic physician licensed under ORS chapter 684 or an employee of the chiropractic physician; (J) A naturopathic physician licensed under ORS chapter 685 or an employee of the naturopathic physician; (K) A massage therapist licensed under ORS 687.011 to 687.250 or an employee of the massage therapist; (L) A direct entry midwife licensed under ORS 687.405 to 687.495 or an employee of the direct entry midwife; (M) A physical therapist licensed under ORS 688.010 to 688.201 or an employee of the physical therapist; (N) A medical imaging licensee under ORS 688.405 to 688.605 or an employee of the medical imaging licensee; (O) A respiratory care practitioner licensed under ORS 688.815 or an employee of the respiratory care practitioner; (P) A polysomnographic technologist licensed under ORS 688.819 or an employee of the polysomnographic technologist; (Q) A pharmacist licensed under ORS chapter 689 or an employee of the pharmacist; (R) A dietitian licensed under ORS 691.405 to 691.485 or an employee of the dietitian; (S) A funeral service practitioner licensed under ORS chapter 692 or an employee of the funeral service practitioner; (T) A health care facility as defined in ORS 442.015; (U) A home health agency as defined in ORS 443.014; (V) A hospice program as defined in ORS 443.850; (W) A clinical laboratory as defined in ORS 438.010; (X) A pharmacy as defined in ORS 689.005; and (Y) Any other person or entity that furnishes, bills for or is paid for health care in the normal course of business. (c) “Individual” means a natural person. (d) “Individually identifiable health information” means any oral or written health information in any form or medium that is: (A) Created or received by a covered entity, an employer or a health care provider that is not a covered entity; and (B) Identifiable to an individual, including demographic information that identifies the individual, or for which there is a reasonable basis to believe the information can be used to identify an individual, and that relates to: (i) The past, present or future physical or mental health or condition of an individual; (ii) The provision of health care to an individual; or (iii) The past, present or future payment for the provision of health care to an individual. (e) “Legal representative” means attorney at law, person holding a general power of attorney, guardian, conservator or any person appointed by a court to manage the personal or financial affairs of a person, or agency legally responsible for the welfare or support of a person. (2)(a) During a public health emergency declared under ORS 433.441, the Public Health Director may, as necessary to appropriately respond to the public health emergency: (A) Adopt reporting requirements for and provide notice of those requirements to health care providers, institutions and facilities for the purpose of obtaining information directly related to the public health emergency; (B) After consultation with appropriate medical experts, create and require the use of diagnostic and treatment protocols to respond to the public health emergency and provide notice of those protocols to health care providers, institutions and facilities; (C) Order, or authorize local public health admin