2007 Oregon Code - Chapter 444 :: Chapter 444 - Special Medical Services for Children
Chapter 444 —
Special Medical Services for Children
2007 EDITION
SPECIAL MEDICAL SERVICES FOR CHILDREN
PUBLIC HEALTH AND SAFETY
SERVICES FOR CHILDREN WITH SPECIAL HEALTH
NEEDS
444.010Â Â Â Â Oregon
Health and
444.020Â Â Â Â Authority
in administering services for children with special health needs; rules
444.030Â Â Â Â Oregon
Health and
444.040Â Â Â Â Services
for Children with Special Health Needs Account; expenditure of funds; payment
of claims
444.050Â Â Â Â Children
not treated if parents object
CARE AND TREATMENT FOR INDIGENT CHILDREN
444.110Â Â Â Â Complaint;
examination; report of physician; investigation
444.120Â Â Â Â Hearing;
notice; evidence; order directing free treatment
444.130Â Â Â Â Treatment
of children
444.140Â Â Â Â Rejection
of patients referred
444.150Â Â Â Â Physician
not compensated for treatment
444.160Â Â Â Â Account
and statement of treatment
444.170Â Â Â Â Approval
of statement; payment of account
444.180Â Â Â Â Appointment
of attendant to accompany child
444.190Â Â Â Â Compensation
of attendant and examining physician
444.200Â Â Â Â Reimbursing
444.210Â Â Â Â Treatment
of child at other hospital
444.220Â Â Â Â Compensation
for treatment at other hospitals
444.230Â Â Â Â Unspecified
treatment and experimentation prohibited
444.240Â Â Â Â Preparation
and distribution of examination blanks; printing cost
CHILDHOOD DIABETES DATABASE
444.300Â Â Â Â Department
of Human Services database on childhood diabetes; rules
444.310Â Â Â Â Annual
survey of students
444.320Â Â Â Â Physician
report of childhood diabetes
444.330Â Â Â Â Confidentiality
of information
SERVICES FOR CHILDREN WITH SPECIAL HEALTH
NEEDS
     444.010
     (2) The Oregon Health and
     444.020
Authority in administering services for children with special health needs;
rules. The Oregon Health and
     (1) Make all necessary rules and
regulations for administering services to children with disabilities under ORS
444.010 to 444.050.
     (2) Accept, expend and disburse all
federal funds made available to this state for services for children with
disabilities and for the administration of services for children with special
health needs.
     (3) Make such reports in such form and
containing such information as are required by the federal government, and
comply with such provisions as are found necessary to ensure correctness and
verification of such reports.
     (4) Cooperate with medical, health,
nursing and welfare groups and organizations and with any agencies in the state
charged with administering state laws providing for vocational rehabilitation
of children with physical disabilities.
     (5) Cooperate with the federal government
through its appropriate agency or instrumentality in administering services for
children with special health needs.
     (6) Accept and receive funds, money or
other valuable things from relatives, corporations or interested persons or
organizations for the care of children with 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. [Amended by 1975 c.693 §9; 1989 c.224 §105;
1995 c.162 §82; 2007 c.70 §253]
     444.030
     (1) Qualifications of medical, nursing and
other personnel employed in connection with services to children with
disabilities.
     (2) Standards of medical practice,
hospitalization, nursing and other services, and diagnostic clinics. [Amended
by 1975 c.693 §10; 1989 c.224 §106; 2007 c.70 §254]
     444.040
Services 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 be known as
the Services for Children with Special Health Needs Account.
     (2) All moneys received under ORS 444.020
shall be deposited in the Services for Children with Special Health Needs
Account and shall be disbursed in the same manner 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 of Administrative Services for use by the
Oregon Health and
     (4) The Oregon Department of
Administrative Services shall draw warrants to pay all claims duly approved by
the Oregon Health and
     444.050
Children 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 over the objection of either of
the parents of such child, or of the person standing in loco parentis to such
child.
CARE AND
TREATMENT FOR INDIGENT CHILDREN
     444.110
Complaint; examination; report of physician; investigation. (1) Any judge exercising jurisdiction under
ORS 419B.100 or 419C.005 may on the motion of the judge, or shall, on complaint
filed by any probation officer, school teacher or school officer, relief
officer or physician authorized to practice in this state, alleging that the
child named therein is under 16 years of age and has some condition or injury
or disease that can probably be remedied, and that the parents or other persons
legally chargeable with the support of such child are unable to provide means
for the surgical and medical treatment and hospital care of such child, appoint
some physician who shall personally examine such child with respect to this
medical condition.
     (2) The examining physician shall make a
written report to the judge, in duplicate on blanks furnished as provided in
ORS 444.240, within the time fixed by the judge. The report shall answer the questions
and set forth the information required on the blanks, giving such history of
the case as will be likely to aid the surgical or medical treatment of the
condition or disease or injury and describing it, all in detail, and stating
whether or not, in the opinion of the physician, it can probably be remedied.
The duplicate of the report shall be sent to the Oregon Health and
     (3) The judge may also appoint some
suitable person to investigate the other matters charged in the complaint. [Amended
by 1967 c.534 §24; 1989 c.224 §108; 1993 c.33 §351]
     444.120
Hearing; notice; evidence; order directing free treatment. (1) Upon filing a report under ORS 444.110,
the judge exercising jurisdiction under ORS 419B.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 served with 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 finds that the child has a deformity
or malady which can probably be remedied by surgical or medical treatment and
hospital care, and that the person or institution legally chargeable with the
support of the child is unable to pay the expenses thereof, the judge, with the
consent of the person or institution having the legal charge of the child, may
enter an order directing that the child shall be taken or sent to the Oregon
Health and Science University for free surgical and medical treatment and
hospital care. The child shall also be provided with proper and sufficient
clothing. [Amended by 1967 c.534 §25; 1993 c.33 §352; 2007 c.70 §255]
     444.130
Treatment of children. (1)
The president of the Oregon Health and
     (a) Upon receiving the child, provide for
it, if available, hospital facilities.
     (b) Designate the clinic of the Oregon
Health and
     (2) The Oregon Health and
     (3) When any patient has been admitted to
the clinic for treatment, the physician or surgeon in charge thereof shall
proceed with all proper diligence to perform such operation and bestow such
treatment upon the patient as in the judgment of the physician or surgeon shall
be proper. The patient shall receive proper hospital care during the stay
there. [Amended by 1975 c.693 §12]
     444.140
Rejection of patients referred.
If the physician or surgeon of the clinic to which the child has been assigned
for treatment declines to treat the child, the physician or surgeon shall make
a report, in duplicate, of the examination of the child and state therein the
reasons for declining treatment. The duplicate copy of the report shall be
preserved in the records of the Oregon Health and
     444.150
Physician not compensated for treatment. No compensation shall be charged by or allowed to the physician or
surgeon who treats a patient committed under ORS 444.120.
     444.160
Account and statement of treatment. The superintendent of the hospital or other person designated by the
authorities of the Oregon Health and
     (1) Keep a correct account of the
medicine, treatment, nursing and maintenance furnished to the patient, and set
forth therein the actual, reasonable and necessary cost thereof.
     (2) Make and file monthly with the judge
exercising jurisdiction under ORS 419B.100 or 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 hospital other than the free surgical and medical
treatment as provided in ORS 444.120. [Amended by 1967 c.534 §26; 1993 c.33 §353]
     444.170
Approval of statement; payment of account. The judge exercising jurisdiction under ORS 419B.100 or 419C.005 shall
present the statement of the Oregon Health and
     444.180
Appointment of attendant to accompany child. The judge exercising jurisdiction under ORS 419B.100 or 419C.005 may,
in the discretion of the judge, appoint some person to accompany the child from
the place where the child is to the Oregon Health and Science University, or
from the Oregon Health and Science University to such place as is designated by
the judge with the consent of the person having legal custody of the child. [Amended
by 1967 c.534 §28; 1975 c.693 §14; 1993 c.33 §355]
     444.190
Compensation of attendant and examining physician. (1) Any person appointed as attendant under
ORS 444.180 or to make an investigation and report of any questions involved in
the complaint other than the examining physician, shall receive $3 per day for
time actually spent in making an investigation and for actual and necessary
expenses incurred in making an investigation or trip except that no
compensation shall be paid in cases where the person appointed is a parent or
relative or where the officer appointed receives a fixed salary or
compensation.
     (2) Upon demand, the examining physician
shall be paid no more than $5 for each examination and report made and the
actual necessary expenses of the physician incurred in making an investigation
under ORS 444.110.
     (3) A person making claim for compensation
under this section shall present to the judge of the juvenile court an itemized
sworn statement thereof and when such claim has been approved by the judge, it
shall be filed and allowed by the board of county commissioners and paid out of
the funds of the county collected for the relief of the poor. [Amended by 1967
c.534 §29]
     444.200
Reimbursing
     (a) Actual, reasonable, necessary expenses
of returning the patient to the home of the patient.
     (b) The attendant the actual, reasonable
and necessary expenses incurred in accompanying a patient to the home of the
patient and no more than $3 per day for the time thus necessarily employed,
unless the attendant is a parent or relative or an officer or employee
receiving other compensation.
     (2) The per diem and expenses shall be
itemized and verified, and presented to and allowed by the board of county
commissioners of the county from which the patient was committed, as provided
in ORS 444.170.
     444.210
Treatment of child at other hospital. (1) Upon the written request of the person or institution having legal
custody of a child, filed with the judge exercising jurisdiction under ORS
419B.100 or 419C.005 at the time of the hearing under ORS 444.120, to the
effect that the person or institution having legal custody of the child desires
the child taken or sent to a designated hospital or medical school of
recognized standing or character which is not under the direction or
supervision of the Oregon Health and Science University, the judge may make and
enter an order directing that the child be taken or sent to the designated institution
for free surgical and medical treatment and hospital care, including the
furnishing of proper and sufficient clothing.
     (2) The reception by an institution of
such child as a patient, pursuant to court order, is considered an acceptance
on its part of all the provisions of ORS 444.110 to 444.240 which relate to or
in anywise apply to hospitalization of children at the Oregon Health and
     444.220
Compensation for treatment at other hospitals. When any child, pursuant to ORS 444.210,
becomes a patient at any institution not affiliated with the Oregon Health and
Science University, the person in charge thereof shall perform all duties and
requirements set forth in ORS 444.160; and all warrants in payment of any bills
or accounts therein mentioned shall be made payable to such institution. [Amended
by 1975 c.693 §116]
     444.230
Unspecified treatment and experimentation prohibited. (1) No child under the terms of ORS 444.110
to 444.240 shall be treated for any ailment except as is described by the order
of the court under ORS 444.120, unless permission for such treatment is granted
by the parents or guardians.
     (2) No child shall be used for the purpose
of experimentation.
     444.240
Preparation and distribution of examination blanks; printing cost. (1) The Oregon Health and
     (2) A supply of such blanks shall be sent
to the judge exercising jurisdiction under ORS 419B.100 or 419C.005. The
president of the Oregon Health and
     (3) The bills for the printing of blanks
shall be audited, allowed and paid in the same manner as the printing bills of
the Oregon Health and
CHILDHOOD
DIABETES DATABASE
     444.300
Department of Human Services database on childhood diabetes; rules. (1) Subject to available funding, including
gifts, grants or donations, the Department of Human Services shall establish a
uniform, statewide database for the collection of information on Type I and
Type II diabetes occurring in children in
     (2) The database established by subsection
(1) of this section shall include data provided to the department by schools
and physicians as required by ORS 444.310 and 444.320.
     (3) The department shall adopt rules:
     (a) Necessary to carry out the purposes of
ORS 444.300 to 444.330, including but not limited to the reporting format and
the effective date after which reporting by schools and physicians shall be
required; and
     (b) Under which confidential data may be
used by third parties to conduct research and studies for the public good. [2001
c.719 §1]
     444.310
Annual survey of students.
The Department of Human Services shall conduct an annual survey, to be
completed by June 15, of all public schools, public charter schools and
registered private schools in
     (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]
     444.320
Physician 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 with Type I or Type II diabetes, a
physician shall report to the Department of Human Services:
     (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. [2001 c.719 §3]
     444.330
Confidentiality of information.
All identifying information regarding individual children that is reported to
the Department of Human Services pursuant to ORS 444.300 to 444.330 shall be
confidential and privileged. Except as required in connection with the
administration or enforcement of public health laws or rules, no public health
official, employee, agent or other person entitled to access or use data under
ORS 444.300 to 444.330 shall be examined in an administrative or judicial
proceeding as to the existence or contents of data in the database established
under ORS 444.300 to 444.330. Research and studies conducted using confidential
data from the statewide database must be reviewed and approved by the body used
by the department as the Committee for the Protection of Human Research
Subjects and established in accordance with 45 C.F.R. 46. [2001 c.719 §4]
_______________
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