OAR 325-035-0001
Definitions
(1)
“Adverse health care incident” means an objective, definable and unanticipated consequence of patient care that is usually preventable and results in the death of or serious physical injury to the patient.(2)
“Business day” means any day other than a federal or State of Oregon legal holiday or a day other than a day on which offices of the State of Oregon are otherwise authorized by law to remain closed.(3)
“Commission” means the Oregon Patient Safety Commission.(4)
“Discussion” means:(a)
All communications, written and oral, that are made in the course of a discussion under Oregon Laws 2013, Chapter 5, Section 3; and(b)
All memoranda, work products, documents and other materials that are prepared for or submitted in the course of or in connection with a discussion under Oregon Laws 2013, Chapter 5, Section 3.(5)
“Early Discussion and Resolution” means the confidential process established in Oregon Laws 2013, Chapter 5 that includes, but is not limited to: the filing a notice of adverse health care incident with the Commission by a patient, health care provider or health care facility, discussions with all parties to seek resolution about the incident, and mediation if necessary to attempt to resolve the matter.(6)
“Health care facility” as defined in ORS 442.015 (Definitions) means a hospital, a long term care facility, an ambulatory surgical center, a freestanding birthing center, or an outpatient renal dialysis center.(7)
“Health care provider” means a person practicing within the scope of the person’s license, registration or certification to practice as:(a)
A psychologist under ORS 675.030 (Licensing of psychologists after examination) to 675.070 (Authorized sanctions), 675.085 (Investigation) and 675.090 (Application of ORS 675.010 to 675.150);(b)
An occupational therapist under ORS 675.230 (Application for licensing) to 675.300 (Grounds and procedures for denial, refusal to renew, suspension or revocation of license);(c)
A physician under ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location);(d)
An emergency medical services provider under ORS chapter 682;(e)
A podiatric physician and surgeon under ORS 677.820 (Qualifications of applicants) to 677.840 (Fees);(f)
A registered nurse under ORS 678.010 (Definitions for ORS 678.010 to 678.410) to 678.410 (Fees), including nurse practitioner;(g)
A dentist under ORS 679.060 (Application for license) to 679.180 (Enforcement);(h)
A dental hygienist under ORS 680.040 (Qualifications of applicants for dental hygiene licensure examination) to 680.100 (Discipline of dental hygienist);(i)
A denturist under ORS 680.515 (Application for license) to 680.535 (Grounds for imposing discipline);(j)
An audiologist or speech-language pathologist under ORS 681.250 (Requirement for license in speech-language pathology or audiology) to 681.350 (Denial, suspension or revocation of license or conditional license);(k)
An optometrist under ORS 683.040 (Qualifications of applicants) to 683.155 (Hearing) and 683.170 (Sanction may be set aside by board) to 683.220 (Licensing of applicant holding license in another state);(l)
A chiropractor under ORS 684.040 (Application for license) to 684.105 (Discipline procedure);(m)
A naturopath under ORS 685.060 (Minimum educational requirements for license) to 685.110 (Grounds for discipline), 685.125 (Discipline procedure) and 685.135 (Certificate of special competency in natural childbirth);(n)
A massage therapist under ORS 687.011 (Definitions) to 687.250 (Enforcement);(o)
A direct entry midwife under ORS 687.405 (“Direct entry midwifery” defined) to 687.495 (Collection of data on birth and fetal death outcomes);(p)
A physical therapist under ORS 688.040 (Licensing procedure) to 688.145 (Discipline procedure);(q)
A medical imaging licensee under ORS 688.445 (Licensing and renewal procedure) to 688.525 (Grounds for discipline);(r)
A pharmacist under ORS 689.151 (Board control over licensing, standards and discipline) and 689.225 (License requirement) to 689.285 (Continuing pharmacy education);(s)
A physician assistant under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees); or(t)
A professional counselor or marriage and family therapist under ORS 675.715 (Application) to 675.835 (Injunctive proceedings).(8)
“Location operated by a health care facility” means a satellite as defined by OAR 333-500-0010 (Definitions).(9)
“Mediation” as defined in ORS 36.110 (Definitions for ORS 36.100 to 36.238)(5) means a process in which a mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such time as a resolution is agreed to by the parties or the mediation process is terminated.(10)
“Minor” means anyone under the age of 18 but does not mean a minor who has been emancipated in accordance with ORS 419B.550 (Definitions for ORS 419B.550 to 419B.558) to 419B.558 (Entry of judgment of emancipation).(11)
“Notice” means a written or oral report, submitted by a patient, health care provider or health care facility to the Commission in the form and manner specified in OAR 325-035-0010 (Notifying a Health Care Facility, Health Care Provider, or Patient of a Notice of Adverse Health Care Incident), that indicates the filer’s desire to engage in Early Discussion and Resolution.(12)
“Party or Parties” means any health care facility, health care provider, employer of a health care provider, and patient involved in the adverse health care incident.(13)
“Patient” means:(a)
The patient; or(b)
If the patient is a minor, is deceased or has been medically confirmed by the patient’s treating physician to be incapable of making decisions for purposes of Oregon Laws 2013, Chapter 5, Sections 1 to 10, the patient’s representative as provided in Oregon Laws 2013, Chapter 5, Section 8.(14)
“Serious physical injury” means an injury that:(a)
Is life threatening; or(b)
Results in significant impairment of a body function or significant damage to a body structure; or(c)
Necessitates medical or surgical intervention to prevent, mitigate or correct significant impairment of a body function or significant damage to a body structure.
Source:
Rule 325-035-0001 — Definitions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=325-035-0001.