(1) Whenever any physician determines or reasonably suspects the injury or death of a person to be toy-related, the physician shall, in accordance with rules adopted under subsection (5) of this section, report the physician’s findings to the Director of the Oregon Health Authority.

Terms Used In Oregon Statutes 677.491

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Physician: means a person who holds a degree of Doctor of Medicine or Doctor of Osteopathic Medicine, or a person who holds a degree of Doctor of Podiatric Medicine if the context in which the term 'physician' is used does not authorize or require the person to practice outside the scope of a license issued under ORS § 677. See Oregon Statutes 677.010
  • public notice: means any legal publication which requires an affidavit of publication as required in ORS § 193. See Oregon Statutes 174.104
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100

(2) The director of any hospital, health care facility, health maintenance organization, public health center, medical center or emergency medical treatment facility where any physician has made a determination or has a reasonable suspicion under subsection (1) of this section as to whether an injury or death is toy-related, shall, in accordance with the rules adopted under subsection (5) of this section, report that physician’s findings to the Director of the Oregon Health Authority.

(3) The Director of the Oregon Health Authority shall review, organize and keep a record of the information set forth in the reports of toy-related injuries and deaths submitted by physicians under this section. The director, on a regular basis, shall make the information recorded under this section available to the United States Consumer Product Safety Commission for inclusion in its Injury or Potential Injury Incident Data Base. The information so recorded shall also be made available to the public for a fee determined by the director.

(4) If the director determines that a specific toy or item poses an immediate danger or potential threat to the safety of the citizens of this state, the director shall immediately issue a public notice warning the public, retail sellers and distributors of the director’s findings and recommendations concerning that toy or item.

(5) The director shall adopt rules to implement this section. [1991 c.325 § 1; 2009 c.595 § 1053]

 

677.491 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 677 by legislative action. See Preface to Oregon Revised Statutes for further explanation.