Relating to prohibition on publicly funded treatment of erectile dysfunction for sex offenders; creating new provisions; and amending ORS 181.592, 243.560, 414.325, 423.020 and 426.072.


 
 
 
     74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1380
 
                         House Bill 3003
 
Sponsored by Representative KRUMMEL; Representatives BARKER,
  BOONE, BOQUIST, HUNT, KRIEGER, MAURER, NELSON, OLSON, THATCHER,
  WHISNANT, Senators L GEORGE, STARR
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits public bodies from paying for treatment of erectile
dysfunction for sex offenders. Requires Department of State
Police to provide information from Law Enforcement Data System to
public bodies. Requires public bodies to use information to
prevent use of state funds for treatment of erectile dysfunction
for sex offenders.
 
                        A BILL FOR AN ACT
Relating to prohibition on publicly funded treatment of erectile
  dysfunction for sex offenders; creating new provisions; and
  amending ORS 181.592, 243.560, 414.325, 423.020 and 426.072.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + A public body may not provide or pay for any
prescription drug or other therapy to treat erectile dysfunction
for a person who is a sex offender as defined in ORS 181.592. The
Department of State Police shall provide information to public
bodies necessary to carry out this section. + }
  SECTION 2. ORS 181.592 is amended to read:
  181.592. (1) The Department of State Police shall enter into
the Law Enforcement Data System the sex offender information
obtained from the sex offender registration forms submitted under
ORS 181.595, 181.596 and 181.597. The department shall remove
from the Law Enforcement Data System the sex offender information
obtained from the sex offender registration form submitted under
ORS 181.595, 181.596 or 181.597 if the conviction or adjudication
that gave rise to the registration obligation is reversed or
vacated or if the registrant is pardoned.
  (2)(a) When a person is under supervision for the first time as
a result of a conviction for an offense requiring reporting as a
sex offender, the department, a chief of police or a county
sheriff shall release, upon request, only the following
information about the sex offender:
  (A) The sex offender's name and date of birth;
  (B) A physical description of the sex offender and a
photograph, if applicable;
  (C) The name and zip code of the city where the sex offender
resides;
  (D) The name and telephone number of a contact person at the
agency that is supervising the sex offender; and
  (E) The name of institutions of higher education that the sex
offender attends or at which the sex offender works or carries on
a vocation.
  (b) Notwithstanding paragraph (a) of this subsection, if the
sex offender is under the supervision of the Oregon Youth
Authority or a county juvenile department, the Department of
State Police, chief or police or county sheriff shall release
only:
  (A) The sex offender's name and year of birth;
  (B) The name and zip code of the city where the sex offender
resides;
  (C) The name and telephone number of a contact person at the
agency that is supervising the sex offender; and
  (D) The name of institutions of higher education that the sex
offender attends or at which the sex offender works or carries on
a vocation.
  (c) An agency that supervises a sex offender shall release,
upon request, any information that may be necessary to protect
the public concerning the sex offender.
  (3) Except as otherwise limited by subsection (2)(a) and (b) of
this section regarding persons who are under supervision for the
first time as sex offenders, the Department of State Police, a
chief of police or a county sheriff shall release, upon request,
any information that may be necessary to protect the public
concerning sex offenders who reside in a specific area or
concerning a specific sex offender. However, the entity releasing
the information may not release the identity of a victim of a sex
crime.
  (4)(a) The department may make the information described in
subsections (2) and (3) of this section available to the public,
without the need for a request, by electronic or other means. The
department shall make information about a person who is under
supervision for the first time as a result of a conviction for an
offense that requires reporting as a sex offender accessible only
by the use of the sex offender's name. For all other sex
offenders, the department may make the information accessible in
any manner the department chooses.
  (b) Notwithstanding paragraph (a) of this subsection, the
department may not use the Internet to make information available
to the public except as required by paragraph (c) of this
subsection.
  (c) Notwithstanding subsections (2) and (3) of this section,
the department shall use the Internet to make the information
described in paragraph (d) of this subsection available to the
public if the information is about a person:
  (A) Determined to be a predatory sex offender, as provided in
ORS 181.585, who has also been determined, pursuant to rules of
the agency making the predatory sex offender determination, to
present the highest risk of reoffending and to require the widest
range of notification; or
  (B) Found to be a sexually violent dangerous offender under ORS
144.635.
  (d) The information required to be made available under
paragraph (c) of this subsection is:
  (A) The person's name and address;
  (B) A physical description of the person including, but not
limited to, the person's age, height, weight and eye and hair
color;
  (C) The type of vehicle that the person is known to drive;
  (D) Any conditions or restrictions upon the person's probation,
parole, post-prison supervision or conditional release;
  (E) A description of the person's primary and secondary
targets;
  (F) A description of the person's method of offense;
  (G) A current photograph of the person;
 
  (H) If the person is under supervision, the name or telephone
number of the person's parole and probation officer; and
  (I) If the person is not under supervision, contact information
for the Department of State Police.
  (5) The Law Enforcement Data System may send sex offender
information to the National Crime Information Center as part of
the national sex offender registry in accordance with appropriate
state and federal procedures.
   { +  (6) The department shall provide the names of sex
offenders and other information necessary to verify proper
identification to any public body responsible for authorizing or
providing publicly funded health insurance or treatment. Any
public body that administers publicly funded health insurance or
treatment must use the information available from the Law
Enforcement Data System to prevent the use of public moneys for
erectile dysfunction treatment or therapies for sex
offenders. + }
    { - (6) - }  { +  (7) + } As used in this section:
  (a) 'Attends,' 'institution of higher education,' 'sex crime,'
'works' and 'carries on a vocation' have the meanings given those
terms in ORS 181.594.
  (b) 'Sex offender' means a person who is required to report
under ORS 181.595, 181.596 or 181.597.
  SECTION 3. ORS 243.560 is amended to read:
  243.560. (1) The Public Employees' Benefit Board may provide,
administer and maintain an expense reimbursement plan for the
benefit of eligible employees of this state.
  (2) In providing an expense reimbursement plan, the board shall
adopt rules to:
  (a) Determine the qualifications of eligible employees and the
expenses eligible for reimbursement.
  (b) Establish limits on the amount by which an eligible
employee's compensation may be reduced.
  (c) Establish procedures for enrollment of eligible employees
in an expense reimbursement plan.
  (d) Establish requirements for verification of reimbursable
expenses.
  (3) The board may assess a charge to participating employees to
pay the cost of administering the plan or may pay some or all of
the cost from funds authorized to pay general administration
expenses incurred by the board or from earnings on moneys
deposited with the account administrator as designated by the
board.
  (4) The state shall maintain accounts and records necessary and
appropriate to the efficient administration of ORS 243.550 to
243.585 and 657A.440 or that may be required under federal or
state law.
   { +  (5) The rules adopted by the board to implement
subsection (2)(a) of this section must be in accordance with
section 1 of this 2007 Act. + }
  SECTION 4. ORS 414.325, as amended by section 6, chapter 897,
Oregon Laws 2001, section 191, chapter 14, Oregon Laws 2003,
section 2, chapter 91, Oregon Laws 2003, section 21, chapter 810,
Oregon Laws 2003, and section 9, chapter 692, Oregon Laws 2005,
is amended to read:
  414.325. (1) As used in this section, 'legend drug' means any
drug requiring a prescription by a practitioner, as defined in
ORS 689.005.
  (2)  { + Subject to section 1 of this 2007 Act, + } a licensed
practitioner may prescribe such drugs under this chapter as the
practitioner in the exercise of professional judgment considers
appropriate for the diagnosis or treatment of the patient in the
practitioner's care and within the scope of practice.
Prescriptions shall be dispensed in the generic form pursuant to
ORS 689.515 and pursuant to rules of the Department of Human
 
Services unless the practitioner prescribes otherwise and an
exception is granted by the department.
  (3) Except as provided in subsections (4) and (5) of this
section, the department shall place no limit on the type of
legend drug that may be prescribed by a practitioner, but the
department shall pay only for drugs in the generic form unless an
exception has been granted by the department.
  (4) Notwithstanding subsection (3) of this section, an
exception must be applied for and granted before the department
is required to pay for minor tranquilizers and amphetamines and
amphetamine derivatives, as defined by rule of the department.
  (5)(a) Notwithstanding subsections (1) to (4) of this section
and except as provided in paragraph (b) of this subsection, the
department is authorized to:
  (A) Withhold payment for a legend drug when federal financial
participation is not available; and
  (B) Require prior authorization of payment for drugs that the
department has determined should be limited to those conditions
generally recognized as appropriate by the medical profession.
  (b) The department may not require prior authorization for
therapeutic classes of nonsedating antihistamines and nasal
inhalers, as defined by rule by the department, when prescribed
by an allergist for treatment of any of the following conditions,
as described by the Health Services Commission on the funded
portion of its prioritized list of services:
  (A) Asthma;
  (B) Sinusitis;
  (C) Rhinitis; or
  (D) Allergies.
  (6)(a) The department shall pay a rural health clinic for a
legend drug prescribed and dispensed under this chapter by a
licensed practitioner at the rural health clinic for an urgent
medical condition if:
  (A) There is not a pharmacy within 15 miles of the clinic;
  (B) The prescription is dispensed for a patient outside of the
normal business hours of any pharmacy within 15 miles of the
clinic; or
  (C) No pharmacy within 15 miles of the clinic dispenses legend
drugs under this chapter.
  (b) As used in this subsection, 'urgent medical condition '
means a medical condition that arises suddenly, is not
life-threatening and requires prompt treatment to avoid the
development of more serious medical problems.
  (7) Notwithstanding ORS 414.334, the department may conduct
prospective drug utilization review prior to payment for drugs
for a patient whose prescription drug use exceeded 15 drugs in
the preceding six-month period.
  (8) Notwithstanding subsection (3) of this section, the
department may pay a pharmacy for a particular brand name drug
rather than the generic version of the drug after notifying the
pharmacy that the cost of the particular brand name drug, after
receiving discounted prices and rebates, is equal to or less than
the cost of the generic version of the drug.
  SECTION 5. ORS 423.020 is amended to read:
  423.020. (1) The Department of Corrections is created. The
department shall:
  (a) Supervise the management and administration of the
Department of Corrections institutions, parole and probation
services, community corrections and other functions related to
state programs for corrections;
  (b) Carry out legally mandated sanctions for the punishment of
persons committed to its jurisdiction by the courts of this
state;
  (c) Exercise custody over those persons sentenced to a period
of incarceration until such time as a lawful release authority
authorizes their release;
  (d) Provide adequate food, clothing, health and medical care,
sanitation and security for persons confined;
  (e) Provide persons who are motivated, capable and cooperative
with opportunities for self-improvement and work;
  (f) Conduct investigations and prepare reports for release
authorities; and
  (g) Supervise persons sentenced or placed in the community for
the period of time specified and in accordance with conditions of
supervision ordered by the release authority.
  (2) The Department of Corrections may provide consultation
services related to the criminal justice system to local or
statewide public or private agencies, groups, and individuals, or
initiate such consultation services. Consultation services shall
include, but not be limited to, conducting studies and surveys,
sponsoring or participating in educational programs, and advising
and assisting these agencies, groups or individuals. Nothing in
chapter 320, Oregon Laws 1987, is intended to diminish the
state's efforts to plan, evaluate and deliver effective human
services programs to offenders,   { - either - }  { +
whether + } in an institution or on probation or parole.
Therefore, the Department of Corrections and the Department of
Human Services shall continue to jointly develop and implement
needed social and rehabilitative services, including services for
inmates housed in regional minimum security facilities.
  (3) The Department of Corrections shall be the recipient of all
federal funds paid or to be paid to the state to enable the state
to provide corrections programs and services assigned to the
Department of Human Services before June 15, 1987.
  (4) Notwithstanding any other provision of law, the department
may charge a person confined in a Department of Corrections
institution a reasonable health care fee for any health care
services, medications and equipment provided the person during
the person's confinement if the department:
  (a) Provides necessary medical care regardless of the person's
ability to pay;
  (b) Provides equal treatment to all persons confined in a
department institution regardless of a person's ability to pay;
  (c) Establishes a system that notifies the person of the fees
and what services are covered; and
  (d) Establishes a grievance system that allows a person to
challenge the deduction of a fee from the person's account.
  (5) The department may provide ordinary medical, dental,
psychiatric, psychological, hygienic or other remedial care and
treatment for a person under 18 years of age who is confined in a
Department of Corrections institution and, in an emergency in
which the safety of the person appears urgently to require it,
may authorize surgery or other extraordinary care.
   { +  (6) Health and medical care provided in accordance with
this section is subject to section 1 of this 2007 Act. + }
  SECTION 6. ORS 426.072 is amended to read:
  426.072. (1) A hospital or nonhospital facility and a treating
physician must comply with the following when an allegedly
mentally ill person is placed in custody at the hospital or
nonhospital facility:
  (a) By a warrant of detention under ORS 426.070;
  (b) By a peace officer under ORS 426.228 or other person
authorized under ORS 426.233; or
  (c) By a physician under ORS 426.232.
  (2) In circumstances described under subsection (1) of this
section, the hospital or nonhospital facility and treating
physician must comply with the following:
  (a) The person shall receive the care, custody and treatment
required for mental and physical health and safety;
  (b) The treating physician shall report any care, custody and
treatment to the court as required in ORS 426.075;
 
  (c)  { + Subject to section 1 of this 2007 Act, + } all methods
of treatment, including the prescription and administration of
drugs, shall be the sole responsibility of the treating
physician.  However, the person shall not be subject to
electroshock therapy or unduly hazardous treatment and shall
receive usual and customary treatment in accordance with medical
standards in the community;
  (d) The treating physician shall be notified immediately of any
use of mechanical restraints on the person. Every use of a
mechanical restraint and the reasons therefor shall be made a
part of the clinical record of the person over the signature of
the treating physician; and
  (e) The treating physician shall give the person the warning
under ORS 426.123 at times the treating physician determines the
person will reasonably understand the notice. This paragraph only
requires the notice to be given as often as the physician
determines is necessary to assure that the person is given an
opportunity to be aware of the notice.
  (3) The Department of Human Services shall adopt rules
necessary to carry out this section, including rules regarding
the content of the medical record compiled during the current
period of custody.
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