OAR 325-035-0001: Definitions

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: (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 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 to 675.070, 675.085 and 675.090; (b) An occupational therapist under ORS 675.230 to 675.300; (c) A physician under ORS 677.100 to 677.228; (d) An emergency medical services provider under ORS chapter 682; (e) A podiatric physician and surgeon under ORS 677.820 to 677.840; (f) A registered nurse under ORS 678.010 to 678.410, including nurse practitioner; (g) A dentist under ORS 679.060 to 679.180; (h) A dental hygienist under ORS 680.040 to 680.100; (i) A denturist under ORS 680.515 to 680.535; (j) An audiologist or speech-language pathologist under ORS 681.250 to 681.350; (k) An optometrist under ORS 683.040 to 683.155 and 683.170 to 683.220; (l) A chiropractor under ORS 684.040 to 684.105; (m) A naturopath under ORS 685.060 to 685.110, 685.125 and 685.135; (n) A massage therapist under ORS 687.011 to 687.250; (o) A direct entry midwife under ORS 687.405 to 687.495; (p) A physical therapist under ORS 688.040 to 688.145; (q) A medical imaging licensee under ORS 688.445 to 688.525; (r) A pharmacist under ORS 689.151 and 689.225 to 689.285; (s) A physician assistant under ORS 677.505 to 677.525; or (t) A professional counselor or marriage and family therapist under ORS 675.715 to 675.835. (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: (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.