ORS 192.401
Records of health professional regulatory boards, Health Licensing Office


(1)

Intentionally left blank —Ed.

(a)

A person denied the right to inspect or to receive a copy of a public record of a health professional regulatory board, as defined in ORS 676.160 (Definitions for ORS 676.165 to 676.180), that contains information concerning a licensee or applicant, and petitioning the Attorney General to review the public record shall, on or before the date of filing the petition with the Attorney General, send a copy of the petition by first class mail to the health professional regulatory board. Not more than 48 hours after the board receives a copy of the petition, the board shall send a copy of the petition by first class mail to the licensee or applicant who is the subject of a public record for which disclosure is sought. When sending a copy of the petition to the licensee or applicant, the board shall include a notice informing the licensee or applicant that a written response by the licensee or applicant may be filed with the Attorney General not later than seven days after the date that the notice was sent by the board. Immediately upon receipt of any written response from the licensee or applicant, the Attorney General shall send a copy of the response to the petitioner by first class mail.

(b)

A person denied the right to inspect or to receive a copy of a public record of the Health Licensing Office that contains information concerning an individual who holds, or an applicant for, an authorization to practice a profession to which ORS 676.595 (Disclosure of certain investigatory information) applies, and petitioning the Attorney General to review the public record shall, on or before the date of filing the petition with the Attorney General, send a copy of the petition by first class mail to the office. Not more than 48 hours after the office receives a copy of the petition, the office shall send a copy of the petition by first class mail to the holder of the authorization or the applicant who is the subject of a public record for which disclosure is sought. When sending a copy of the petition to the holder of the authorization or the applicant, the office shall include a notice informing the holder of the authorization or the applicant that a written response by the holder of the authorization or the applicant may be filed with the Attorney General not later than seven days after the date that the notice was sent by the office. Immediately upon receipt of any written response from the holder of the authorization or the applicant, the Attorney General shall send a copy of the response to the petitioner by first class mail.

(2)

Intentionally left blank —Ed.

(a)

The person seeking disclosure of a public record of a health professional regulatory board, as defined in ORS 676.160 (Definitions for ORS 676.165 to 676.180), that is confidential or exempt from disclosure under ORS 676.165 (Complaint investigation) or 676.175 (Complaints and investigations confidential) shall have the burden of demonstrating to the Attorney General by clear and convincing evidence that the public interest in disclosure outweighs other interests in nondisclosure, including but not limited to the public interest in nondisclosure. The Attorney General shall issue an order denying or granting the petition, or denying or granting it in part, not later than the 15th day following the day that the Attorney General receives the petition. A copy of the Attorney General’s order granting a petition or part of a petition shall be served by first class mail on the health professional regulatory board, the petitioner and the licensee or applicant who is the subject of a public record ordered to be disclosed. The health professional regulatory board shall not disclose a public record prior to the seventh day following the service of the Attorney General’s order on a licensee or applicant entitled to receive notice under this paragraph.

(b)

The person seeking disclosure of a public record of the Health Licensing Office that is confidential or exempt from disclosure as described in ORS 676.595 (Disclosure of certain investigatory information) shall have the burden of demonstrating to the Attorney General by clear and convincing evidence that the public interest in disclosure outweighs other interests in nondisclosure, including but not limited to the public interest in nondisclosure. The Attorney General shall issue an order denying or granting the petition, or denying or granting the petition in part, not later than the 15th day following the day that the Attorney General receives the petition. A copy of the Attorney General’s order granting a petition or part of a petition shall be served by first class mail on the office, the petitioner and the holder of the authorization or the applicant who is the subject of a public record ordered to be disclosed. The office shall not disclose a public record prior to the seventh day following the service of the Attorney General’s order on a holder of an authorization or an applicant entitled to receive notice under this paragraph.

(3)

Intentionally left blank —Ed.

(a)

If the Attorney General grants or denies the petition for a public record of a health professional regulatory board, as defined in ORS 676.160 (Definitions for ORS 676.165 to 676.180), that contains information concerning a licensee or applicant, the board, a person denied the right to inspect or receive a copy of the public record or the licensee or applicant who is the subject of the public record may institute proceedings for injunctive or declaratory relief in the circuit court for the county where the public record is held. The party seeking disclosure of the public record shall have the burden of demonstrating by clear and convincing evidence that the public interest in disclosure outweighs other interests in nondisclosure, including but not limited to the public interest in nondisclosure.

(b)

If the Attorney General grants or denies the petition for a public record of the Health Licensing Office that contains information concerning a holder of an authorization to practice a profession or an applicant, the office, a person denied the right to inspect or receive a copy of the public record or the holder of the authorization or the applicant who is the subject of the public record may institute proceedings for injunctive or declaratory relief in the circuit court for the county where the public record is held. The party seeking disclosure of the public record shall have the burden of demonstrating by clear and convincing evidence that the public interest in disclosure outweighs other interests in nondisclosure, including but not limited to the public interest in nondisclosure.

(4)

The Attorney General may comply with a request of a health professional regulatory board or the Health Licensing Office to be represented by independent counsel in any proceeding under subsection (3) of this section. [Formerly subsections (4) to (7) of 192.450]

Source: Section 192.401 — Records of health professional regulatory boards, Health Licensing Office, https://www.­oregonlegislature.­gov/bills_laws/ors/ors192.­html.

Law Review Citations

53 OLR 363, 364 (1974)

192.001
Policy concerning public records
192.005
Definitions for ORS 192.005 to 192.170
192.015
Secretary of State as public records administrator
192.018
Written policies on use, retention and ownership of public records
192.040
Making, filing and recording records by photocopying
192.050
Copying records
192.060
Indexing and filing copied records
192.070
Duplicate rolls of microfilm required
192.072
State Archivist performing microfilm services for public body
192.105
State Archivist authorization for state officials to dispose of records
192.108
Retention schedules
192.130
Disposition of valueless records in custody of State Archivist
192.170
Disposition of materials without authorization
192.173
Records and reports required by law to be in English
192.180
Coordination of executive department response to public records request
192.183
Compiling public records stored in electronic form
192.191
Department of Justice information sharing guide
192.210
Definitions for ORS 192.210 and 192.220
192.220
Standardized report forms
192.230
Definitions for ORS 192.235 to 192.245
192.235
Policy for ORS 192.230 to 192.250
192.240
Duties of state agency issuing report
192.243
Availability of report on Internet
192.245
Form of report to legislature
192.250
Director of Oregon Department of Administrative Services to report to legislature on ORS 192.230 to 192.250
192.270
Definitions for ORS 192.270 and 192.275
192.275
Notice when report required
192.311
Definitions for ORS 192.311 to 192.478
192.314
Right to inspect public records
192.318
Functions of custodian of public records
192.324
Copies or inspection of public records
192.329
Public body’s response to public records request
192.335
Immunity from liability for disclosure of public record
192.338
Exempt and nonexempt public record to be separated
192.340
Attorney General catalog of exemptions from disclosure
192.345
Public records conditionally exempt from disclosure
192.355
Public records exempt from disclosure
192.360
Condensation of public record subject to disclosure
192.363
Contents of certain requests for disclosure
192.365
Disclosure of information pertaining to home care worker, personal support worker, operator of child care facility, exempt child care provider or operator of adult foster home
192.368
Nondisclosure on request of home address, home telephone number and electronic mail address
192.371
Nondisclosure of public employee identification badge or card
192.374
Nondisclosure of concealed handgun license records or information
192.377
Required redaction of certain personal information
192.380
Immunity from liability for disclosure of certain personal information
192.385
Nondisclosure of certain public safety officer investigation records
192.390
Inspection of records more than 25 years old
192.395
Health services costs
192.398
Medical records
192.401
Records of health professional regulatory boards, Health Licensing Office
192.407
When petition for review of public records request allowed
192.411
Petition to review denial of right to inspect state public record
192.415
Procedure to review denial of right to inspect other public records
192.418
Effect of failure of Attorney General, district attorney or elected official to take timely action on inspection petition
192.422
Petition form
192.427
Procedure to review denial by elected official of right to inspect public records
192.431
Court authority in reviewing action denying right to inspect public records
192.461
Public Records Advocate
192.464
Facilitated dispute resolution services of Public Records Advocate
192.468
Discretion of Public Records Advocate in dispute resolution services
192.472
Confidentiality of Public Records Advocate records
192.475
Public records request training
192.477
Public Records Advocate Fund
192.478
Exemption for Judicial Department
192.481
Public Records Advisory Council
192.483
Duties of Public Records Advisory Council
192.485
Definitions for ORS 192.485 to 192.513
192.488
Open government impact statement
192.492
Notification of change to public records laws
192.499
Public records subcommittee
192.508
Rules
192.511
Oregon Sunshine Committee
192.513
Review of exemptions from disclosure by Oregon Sunshine Committee
192.515
Definitions for ORS 192.515 and 192.517
192.517
Access to records of individual with disability or individual with mental illness
192.531
Definitions for ORS 192.531 to 192.549
192.533
Legislative findings
192.535
Informed consent for obtaining genetic information
192.537
Individual’s rights in genetic information
192.538
Notice by health care provider regarding anonymous or coded research
192.539
Disclosure of genetic information
192.540
Use of deceased individual’s DNA sample or genetic information for research
192.541
Private right of action
192.543
Criminal penalty
192.545
Enforcement
192.547
Oregon Health Authority rules
192.549
Advisory Committee on Genetic Privacy and Research
192.551
Health care records at colleges, universities
192.553
Policy for protected health information
192.556
Definitions for ORS 192.553 to 192.581
192.558
Use or disclosure by health care provider or state health plan
192.561
Disclosure by health care provider in coordinated care organization
192.563
Health care provider and state health plan charges
192.566
Authorization form
192.567
Disclosure without authorization form
192.568
Confidentiality
192.571
No right of action
192.573
Personal representative of deceased individual
192.576
Disclosure to individual appealing denial of Social Security benefits
192.577
Disclosure of information concerning adult in custody of Department of Corrections
192.579
Allowed disclosure for coordinating care
192.581
Allowed retention or disclosure of genetic information
192.582
Confidentiality of bedbug infestation reports
192.583
Definitions for ORS 192.583 to 192.607
192.586
Disclosure of financial records prohibited
192.588
Disclosure to Department of Human Services or Oregon Health Authority
192.589
Financial institution records of deceased individual
192.591
Disclosure to state court
192.593
Authorization by customer for disclosure
192.596
Disclosure under summons or subpoena
192.597
Disclosure pursuant to abuse investigation
192.598
Disclosure under search warrant
192.600
Liability of financial institution for disclosure
192.602
Time for compliance
192.603
Procedure for disclosure to law enforcement agency
192.605
Charges for participation in attorney trust account overdraft notification program
192.606
Civil liability for violation of ORS 192.583 to 192.607
192.607
Severability
192.610
Definitions for ORS 192.610 to 192.690
192.620
Policy
192.630
Meetings of governing body to be open to public
192.640
Public notice required
192.650
Recording or written minutes required
192.660
Executive sessions permitted on certain matters
192.670
Meetings by means of telephone or electronic communication
192.672
State board or commission meetings through telephone or electronic means
192.680
Enforcement of ORS 192.610 to 192.690
192.685
Additional enforcement of alleged violations of ORS 192.660
192.690
Exceptions to ORS 192.610 to 192.690
192.695
Prima facie evidence of violation required of plaintiff
192.715
Short title
192.720
Definitions for ORS 192.715 to 192.760
192.725
Electronic record as official record
192.730
Authentication of electronic official record
192.735
Evidentiary rules concerning authenticated electronic record
192.740
Preservation and security of electronic official record
192.745
Availability for public use
192.750
Implementation
192.755
Uniform construction
192.760
Relationship of ORS 192.715 to 192.760 to federal law
192.800
Definitions for ORS 192.800 to 192.810
192.805
Reimbursement required prior to disclosure
192.810
Applicability of ORS 192.805
192.820
Definitions for ORS 192.820 to 192.868
192.822
Address Confidentiality Program
192.826
Application for participation in program
192.828
Prohibitions
192.832
Notice of change in name, address or telephone number
192.834
Cancellation of certification
192.836
Use of substitute address
192.842
Use of actual or substitute address in specified circumstances
192.844
Prohibition on disclosure of actual address or telephone number by public body
192.846
Records of Department of Transportation
192.848
When Attorney General may disclose actual address or telephone number
192.852
Prohibition on obtaining actual address or telephone number
192.854
Application assistants
192.856
Additional response time for notice or other paper
192.858
Disclosures to participants
192.860
Rules
192.865
Criminal penalty
192.868
Grants, donations and gifts
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