Oregon Administrative Rules
Chapter 325 - OREGON PATIENT SAFETY COMMISSION
Division 35 - EARLY DISCUSSION AND RESOLUTION
Section 325-035-0001 - Definitions
Current through Register Vol. 63, No. 3, March 1, 2024
As used in OAR 325-035-0001 to 325-035-0050:
(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:
(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 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:
(8) "Location operated by a health care facility" means a satellite as defined by OAR 333-500-0010.
(9) "Mediation" as defined in ORS 36.110(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 to 419B.558.
(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, 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:
(14) "Serious physical injury" means an injury that:
Stat. Auth.: Oregon Law 2013, Ch. 5
Stats. Implemented: Oregon Law 2013, Ch. 5