Or. Admin. Code § 333-270-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-270-0050 - Access to the Registry

(1) Registry staff, including its Emergency Communications Center staff, shall have access to POLST Registry information as needed to perform Registry functions. Registry staff and the Authority shall have access to Registry information as needed to conduct program evaluation.

(2) The following persons are authorized to contact the Registry's Emergency Communication Center and obtain information about a patient currently being treated:

(a) A licensed health care provider working in or for:

(A) A hospital emergency department or acute care unit where a patient is admitted;

(B) A licensed ambulance service; or

(C) A non-transporting EMS agency.

(b) A staff person calling on behalf of a person described in subsection (a) of this section.

(3) The Registry shall release to a person described in section (1) of this rule, by phone:

(a) Whether the patient being treated has a POLST form recorded in the Registry, and if so;

(b) The POLST orders.

(4) The following persons, facilities, or programs are authorized to contact the Registry's office to determine whether a patient being treated by that person, at that facility, or by that program has a POLST form recorded in the Registry, whether the form is current, and the POLST orders:

(a) A physician, nurse practitioner, physician associate or naturopathic physician who signed and submitted a POLST form to the Registry;

(b) Licensed or accredited:

(A) Long term care facilities;

(B) Hospice programs; or

(C) Hospitals;

(c) A patient's health care professional;

(d) A staff person calling on behalf of a person described in subsection (a) or (c) of this section.

(5) A patient or a patient's personal representative may contact the Registry to determine if that patient has a POLST form, whether the form is current, and the POLST order.

(a) The Registry shall request that a patient verify certain information in the Registry to ensure that the patient is who he or she purports to be, prior to the release of any Registry information.

(b) The Registry shall require a patient's personal representative to provide proof of the personal representative's identity and authority to act on behalf of the patient, and if necessary and legally required, provide an Authorization for the Release of Information that meets HIPAA requirements, prior to releasing information.

(6) The Registry may, in its discretion, require that a person described in section (2) or (4) of this rule provide proof of his or her identity, authority, licensing status, or need for the information prior to releasing any information from the Registry

(7) The Registry may provide the information requested under section (4) or (5) of this rule by facsimile, mail, or electronically, but may not release information over the phone.

(8) A person acting on information obtained from the Registry in good faith is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to acting on information obtained from the Registry.

(9) A person who requests information from the Registry who does not have the authority to obtain the information, or obtains information from the Registry for fraudulent reasons may be subject to a civil penalty of $500 per violation.

Or. Admin. Code § 333-270-0050

PH 12-2009, f. & cert. ef. 12-3-09; PH 11-2017, amend filed 10/13/2017, effective10/13/2017; PH 55-2024, minor correction filed 06/06/2024, effective 6/6/2024

Statutory/Other Authority: ORS 127.666

Statutes/Other Implemented: ORS 127.663-127.684