ORS Chapter 444
Chapter 444 — SpecialMedical Services for Children
2009 EDITION
SPECIALMEDICAL SERVICES FOR CHILDREN
PUBLICHEALTH AND SAFETY
SERVICESFOR CHILDREN WITH SPECIAL HEALTH NEEDS
444.010 OregonHealth and Science University to administer program for children withdisabilities
444.020 Authorityin administering services for children with special health needs; rules
444.030 OregonHealth and Science University responsible for administration of services
444.040 Servicesfor Children with Special Health Needs Account; expenditure of funds; paymentof claims
444.050 Childrennot treated if parents object
CAREAND TREATMENT FOR INDIGENT CHILDREN
444.110 Complaint;examination; report of physician; investigation
444.120 Hearing;notice; evidence; order directing free treatment
444.130 Treatmentof children
444.140 Rejectionof patients referred
444.150 Physiciannot compensated for treatment
444.160 Accountand statement of treatment
444.170 Approvalof statement; payment of account
444.180 Appointmentof attendant to accompany child
444.190 Compensationof attendant and examining physician
444.200 ReimbursingOregon Health and Science University for expenses in returning patients
444.210 Treatmentof child at other hospital
444.220 Compensationfor treatment at other hospitals
444.230 Unspecifiedtreatment and experimentation prohibited
444.240 Preparationand distribution of examination blanks; printing cost
CHILDHOODDIABETES DATABASE
444.300 Databaseon childhood diabetes; rules
444.310 Annualsurvey of students
444.320 Physicianreport of childhood diabetes
444.330 Confidentialityof information
SERVICESFOR CHILDREN WITH SPECIAL HEALTH NEEDS
444.010Oregon Health and Science University to administer program for children withdisabilities.(1) The Oregon Health and Science University is designated to administer aprogram the purpose of which is to enable the state to extend and improveservices for locating children with disabilities and for providing medical,surgical, corrective and other services and care, and facilities for diagnosis,hospitalization and after care for such children and for children havingconditions which lead to disability.
(2)The Oregon Health and Science University shall also supervise theadministration of those services included in the program which are notadministered directly by it. [Amended by 1975 c.693 §8; 1989 c.224 §104; 1995c.162 §81; 2007 c.70 §252]
444.020Authority in administering services for children with special health needs;rules.The Oregon Health and Science University may:
(1)Make all necessary rules and regulations for administering services to childrenwith disabilities under ORS 444.010 to 444.050.
(2)Accept, expend and disburse all federal funds made available to this state for servicesfor children with disabilities and for the administration of services forchildren with special health needs.
(3)Make such reports in such form and containing such information as are requiredby the federal government, and comply with such provisions as are foundnecessary to ensure correctness and verification of such reports.
(4)Cooperate with medical, health, nursing and welfare groups and organizationsand with any agencies in the state charged with administering state lawsproviding for vocational rehabilitation of children with physical disabilities.
(5)Cooperate with the federal government through its appropriate agency orinstrumentality in administering services for children with special healthneeds.
(6)Accept and receive funds, money or other valuable things from relatives,corporations or interested persons or organizations for the care of childrenwith disabilities and expend the same for the purposes for which such funds,money or other valuable things were received.
(7)Accept and receive fees for services rendered under ORS 444.010 to 444.050. [Amendedby 1975 c.693 §9; 1989 c.224 §105; 1995 c.162 §82; 2007 c.70 §253]
444.030Oregon Health and Science University responsible for administration ofservices.The Oregon Health and Science University shall be responsible for theadministration of services for children with special health needs under ORS444.010 to 444.050 and may establish:
(1)Qualifications of medical, nursing and other personnel employed in connectionwith services to children with disabilities.
(2)Standards of medical practice, hospitalization, nursing and other services, anddiagnostic clinics. [Amended by 1975 c.693 §10; 1989 c.224 §106; 2007 c.70 §254]
444.040Services for Children with Special Health Needs Account; expenditure of funds;payment of claims.(1) There is created in the General Fund of the State Treasury an account to beknown as the Services for Children with Special Health Needs Account.
(2)All moneys received under ORS 444.020 shall be deposited in the Services forChildren with Special Health Needs Account and shall be disbursed in the samemanner as the moneys appropriated for carrying out ORS 444.010 to 444.050.
(3)Moneys in the account are continuously appropriated to the Oregon Department ofAdministrative Services for use by the Oregon Health and Science University incarrying out the program described in ORS 444.010.
(4)The Oregon Department of Administrative Services shall draw warrants to pay allclaims duly approved by the Oregon Health and Science University, which havebeen incurred in pursuance of law and the appropriation in subsection (3) ofthis section. [Amended by 1975 c.693 §11; 1983 c.740 §163; 1989 c.224 §107;1995 c.162 §83; 2005 c.755 §38]
444.050Children not treated if parents object. In carrying out ORS 444.010 to 444.040,no state official, agent or representative shall take charge of any child overthe objection of either of the parents of such child, or of the person standingin loco parentis to such child.
CAREAND TREATMENT FOR INDIGENT CHILDREN
444.110Complaint; examination; report of physician; investigation. (1) Any judgeexercising jurisdiction under ORS 419B.100 or 419C.005 may on the motion of thejudge, or shall, on complaint filed by any probation officer, school teacher orschool officer, relief officer or physician authorized to practice in thisstate, alleging that the child named therein is under 16 years of age and hassome condition or injury or disease that can probably be remedied, and that theparents or other persons legally chargeable with the support of such child areunable to provide means for the surgical and medical treatment and hospitalcare of such child, appoint some physician who shall personally examine suchchild with respect to this medical condition.
(2)The examining physician shall make a written report to the judge, in duplicateon blanks furnished as provided in ORS 444.240, within the time fixed by thejudge. The report shall answer the questions and set forth the informationrequired on the blanks, giving such history of the case as will be likely toaid the surgical or medical treatment of the condition or disease or injury anddescribing it, all in detail, and stating whether or not, in the opinion of thephysician, it can probably be remedied. The duplicate of the report shall besent to the Oregon Health and Science University with the patient, togetherwith a certified copy of the order of the judge made pursuant to ORS 444.120.
(3)The judge may also appoint some suitable person to investigate the othermatters charged in the complaint. [Amended by 1967 c.534 §24; 1989 c.224 §108;1993 c.33 §351]
444.120Hearing; notice; evidence; order directing free treatment. (1) Upon filinga report under ORS 444.110, the judge exercising jurisdiction under ORS419B.100 or 419C.005 shall:
(a)Fix a day for a hearing upon the complaint.
(b)Cause the person or institution having legal custody of the child to be servedwith a notice of the hearing.
(c)Notify the district attorney, who shall appear and conduct the proceedings.
(2)At the hearing of the complaint, evidence may be introduced. If the judge findsthat the child has a deformity or malady which can probably be remedied bysurgical or medical treatment and hospital care, and that the person orinstitution legally chargeable with the support of the child is unable to paythe expenses thereof, the judge, with the consent of the person or institutionhaving the legal charge of the child, may enter an order directing that thechild shall be taken or sent to the Oregon Health and Science University forfree surgical and medical treatment and hospital care. The child shall also beprovided with proper and sufficient clothing. [Amended by 1967 c.534 §25; 1993c.33 §352; 2007 c.70 §255]
444.130Treatment of children. (1) The president of the Oregon Health and ScienceUniversity, or other person designated by the president shall:
(a)Upon receiving the child, provide for it, if available, hospital facilities.
(b)Designate the clinic of the Oregon Health and Science University to which thepatient shall be assigned for treatment of the deformity or malady in eachparticular case.
(2)The Oregon Health and Science University is not required to receive any childunless the physician or surgeon in charge of the department in which surgicalor medical treatment is to be furnished is of the opinion that there is areasonable probability that the child will be benefited by the proposedtreatment.
(3)When any patient has been admitted to the clinic for treatment, the physicianor surgeon in charge thereof shall proceed with all proper diligence to performsuch operation and bestow such treatment upon the patient as in the judgment ofthe physician or surgeon shall be proper. The patient shall receive properhospital care during the stay there. [Amended by 1975 c.693 §12]
444.140Rejection of patients referred. If the physician or surgeon of theclinic to which the child has been assigned for treatment declines to treat thechild, the physician or surgeon shall make a report, in duplicate, of theexamination of the child and state therein the reasons for declining treatment.The duplicate copy of the report shall be preserved in the records of theOregon Health and Science University; the original shall be transmitted to theclerk of the court of the county where the order committing the child wasentered.
444.150Physician not compensated for treatment. No compensation shall be charged by orallowed to the physician or surgeon who treats a patient committed under ORS444.120.
444.160Account and statement of treatment. The superintendent of the hospital orother person designated by the authorities of the Oregon Health and ScienceUniversity shall:
(1)Keep a correct account of the medicine, treatment, nursing and maintenancefurnished to the patient, and set forth therein the actual, reasonable andnecessary cost thereof.
(2)Make and file monthly with the judge exercising jurisdiction under ORS 419B.100or 419C.005 of the county from which the patient was committed, an itemized,sworn statement, as far as possible, of the expense incurred at the hospitalother than the free surgical and medical treatment as provided in ORS 444.120. [Amendedby 1967 c.534 §26; 1993 c.33 §353]
444.170Approval of statement; payment of account. The judge exercisingjurisdiction under ORS 419B.100 or 419C.005 shall present the statement of theOregon Health and Science University to the board of county commissioners. Uponbeing satisfied that the statement is correct and reasonable, the board ofcounty commissioners shall approve it and direct that warrants be drawn by thecounty clerk upon the county treasurer for the amount of such bills allowed.The warrants as drawn by the county clerk shall be transmitted to the OregonHealth and Science University. The warrants shall be deposited to the credit ofthe university funds which are set aside for the support of the hospital underthe direction of the Oregon Health and Science University. The county treasurershall pay the warrants out of the funds collected for the relief of the poor ofthe county. [Amended by 1967 c.534 §27; 1975 c.693 §13; 1993 c.33 §354]
444.180Appointment of attendant to accompany child. The judge exercisingjurisdiction under ORS 419B.100 or 419C.005 may, in the discretion of thejudge, appoint some person to accompany the child from the place where thechild is to the Oregon Health and Science University, or from the Oregon Healthand Science University to such place as is designated by the judge with theconsent of the person having legal custody of the child. [Amended by 1967 c.534§28; 1975 c.693 §14; 1993 c.33 §355]
444.190Compensation of attendant and examining physician. (1) Any personappointed as attendant under ORS 444.180 or to make an investigation and reportof any questions involved in the complaint other than the examining physician,shall receive $3 per day for time actually spent in making an investigation andfor actual and necessary expenses incurred in making an investigation or tripexcept that no compensation shall be paid in cases where the person appointedis a parent or relative or where the officer appointed receives a fixed salaryor compensation.
(2)Upon demand, the examining physician shall be paid no more than $5 for eachexamination and report made and the actual necessary expenses of the physicianincurred in making an investigation under ORS 444.110.
(3)A person making claim for compensation under this section shall present to thejudge of the juvenile court an itemized sworn statement thereof and when suchclaim has been approved by the judge, it shall be filed and allowed by theboard of county commissioners and paid out of the funds of the county collectedfor the relief of the poor. [Amended by 1967 c.534 §29]
444.200Reimbursing Oregon Health and Science University for expenses in returningpatients.(1) The Oregon Health and Science University, in the discretion of the persondesignated by the authorities in control thereof, may pay:
(a)Actual, reasonable, necessary expenses of returning the patient to the home ofthe patient.
(b)The attendant the actual, reasonable and necessary expenses incurred inaccompanying a patient to the home of the patient and no more than $3 per dayfor the time thus necessarily employed, unless the attendant is a parent orrelative or an officer or employee receiving other compensation.
(2)The per diem and expenses shall be itemized and verified, and presented to andallowed by the board of county commissioners of the county from which thepatient was committed, as provided in ORS 444.170.
444.210Treatment of child at other hospital. (1) Upon the written request of theperson or institution having legal custody of a child, filed with the judge exercisingjurisdiction under ORS 419B.100 or 419C.005 at the time of the hearing underORS 444.120, to the effect that the person or institution having legal custodyof the child desires the child taken or sent to a designated hospital ormedical school of recognized standing or character which is not under thedirection or supervision of the Oregon Health and Science University, the judgemay make and enter an order directing that the child be taken or sent to thedesignated institution for free surgical and medical treatment and hospitalcare, including the furnishing of proper and sufficient clothing.
(2)The reception by an institution of such child as a patient, pursuant to courtorder, is considered an acceptance on its part of all the provisions of ORS444.110 to 444.240 which relate to or in anywise apply to hospitalization ofchildren at the Oregon Health and Science University, except as provided in ORS444.220. Such institution shall furnish the child with all proper and requisitemedical or surgical care and attention without compensation, and comply withORS 444.110 to 444.240 while the child remains in the institution as a patient.[Amended by 1967 c.534 §30; 1975 c.693 §15; 1993 c.33 §356]
444.220Compensation for treatment at other hospitals. When any child,pursuant to ORS 444.210, becomes a patient at any institution not affiliatedwith the Oregon Health and Science University, the person in charge thereofshall perform all duties and requirements set forth in ORS 444.160; and allwarrants in payment of any bills or accounts therein mentioned shall be madepayable to such institution. [Amended by 1975 c.693 §116]
444.230Unspecified treatment and experimentation prohibited. (1) No childunder the terms of ORS 444.110 to 444.240 shall be treated for any ailmentexcept as is described by the order of the court under ORS 444.120, unlesspermission for such treatment is granted by the parents or guardians.
(2)No child shall be used for the purpose of experimentation.
444.240Preparation and distribution of examination blanks; printing cost. (1) The OregonHealth and Science University shall prepare blanks containing such questionsand requiring such information as may in its judgment be necessary and properto be obtained by the physician who examines the patient under order of court.
(2)A supply of such blanks shall be sent to the judge exercising jurisdictionunder ORS 419B.100 or 419C.005. The president of the Oregon Health and ScienceUniversity shall determine the number of blanks to be printed and distributedto the judges.
(3)The bills for the printing of blanks shall be audited, allowed and paid in thesame manner as the printing bills of the Oregon Health and Science University. [Amendedby 1967 c.534 §31; 1975 c.693 §17; 1993 c.33 §357]
CHILDHOODDIABETES DATABASE
444.300Database on childhood diabetes; rules. (1) Subject to available funding,including gifts, grants or donations, the Oregon Health Authority shallestablish a uniform, statewide database for the collection of information onType I and Type II diabetes occurring in children in Oregon. The purposes ofthe database shall be to collect and serve as a repository for data about theprevalence and incidence of diabetes occurring in the pediatric population ofthis state and to make the data available for scientific and medical researchand for assistance in making decisions about the allocation of publicresources.
(2)The database established by subsection (1) of this section shall include dataprovided to the authority by schools and physicians as required by ORS 444.310and 444.320.
(3)The authority shall adopt rules:
(a)Necessary to carry out the purposes of ORS 444.300 to 444.330, including butnot limited to the reporting format and the effective date after whichreporting by schools and physicians shall be required; and
(b)Under which confidential data may be used by third parties to conduct researchand studies for the public good. [2001 c.719 §1; 2009 c.595 §797]
444.310Annual survey of students. The Oregon Health Authority shall conduct an annualsurvey, to be completed by June 15, of all public schools, public charterschools and registered private schools in Oregon to collect data about diabetesoccurring in students. Each school surveyed shall report to the authority foreach student enrolled at the school who has Type 1 or Type II diabetes:
(1)The name and address of the student;
(2)The gender of the student;
(3)The date of birth of the student;
(4)The type of diabetes diagnosed; and
(5)The date of diagnosis. [2001 c.719 §2; 2009 c.595 §798]
444.320Physician report of childhood diabetes. (1) As used in this section, “child”means an individual 18 years of age or younger.
(2)In accordance with ORS 444.300, upon diagnosing or first treating a child withType I or Type II diabetes, a physician shall report to the Oregon HealthAuthority:
(a)The name and address of the child;
(b)The gender of the child;
(c)The date of birth of the child;
(d)The type of diabetes the child has; and
(e)The date of diagnosis or first treatment by the reporting physician. [2001c.719 §3; 2009 c.595 §799]
444.330Confidentiality of information. All identifying information regardingindividual children that is reported to the Oregon Health Authority pursuant toORS 444.300 to 444.330 shall be confidential and privileged. Except as requiredin connection with the administration or enforcement of public health laws orrules, no public health official, employee, agent or other person entitled toaccess or use data under ORS 444.300 to 444.330 shall be examined in anadministrative or judicial proceeding as to the existence or contents of datain the database established under ORS 444.300 to 444.330. Research and studiesconducted using confidential data from the statewide database must be reviewedand approved by the body used by the authority as the Committee for theProtection of Human Research Subjects and established in accordance with 45C.F.R. 46. [2001 c.719 §4; 2009 c.595 §800]
_______________