2013 ORS § 678.725¹
Reporting unlawful or unsatisfactory nursing home conditions and prohibited conduct
  • confidentiality of information
  • limitation of liability

(1)(a) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, any health care facility licensed under ORS 441.015 (Licensing of facilities and health maintenance organizations), any licensee licensed by the Health Licensing Office, any physician licensed by the Oregon Medical Board, any licensed professional nurse and any licensed pharmacist shall report to the office suspected violations of ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office) and unsanitary or other unsatisfactory conditions in a nursing home.

(b) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a licensee licensed under ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office) who has reasonable cause to believe that a licensee of any board as defined in ORS 676.150 (Duty to report prohibited or unprofessional conduct, arrests and convictions) has engaged in prohibited conduct as defined in ORS 676.150 (Duty to report prohibited or unprofessional conduct, arrests and convictions) shall report the prohibited conduct in the manner provided in ORS 676.150 (Duty to report prohibited or unprofessional conduct, arrests and convictions).

(c) Any person may report to the office suspected violations of ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office) or unsanitary conditions in a nursing home.

(2) Information acquired by the office pursuant to subsection (1) of this section is confidential and is not subject to public disclosure.

(3) Any person who reports or provides information to the office under subsection (1) of this section and who provides information in good faith may not be subject to an action for civil damages as a result of making the report or providing the information. [1985 c.47 §7; 1995 c.643 §2; 2009 c.768 §§16,16a; 2013 c.568 §35]

Note: The amendments to 678.725 (Reporting unlawful or unsatisfactory nursing home conditions and prohibited conduct) by section 35, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the users convenience.

678.725 (Reporting unlawful or unsatisfactory nursing home conditions and prohibited conduct). (1)(a) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, any health care facility licensed under ORS 441.015 (Licensing of facilities and health maintenance organizations), any licensee licensed by the Oregon Health Licensing Agency, any physician licensed by the Oregon Medical Board, any licensed professional nurse and any licensed pharmacist shall report to the agency suspected violations of ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office) and unsanitary or other unsatisfactory conditions in a nursing home.

(b) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a licensee licensed under ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office) who has reasonable cause to believe that a licensee of any board as defined in ORS 676.150 (Duty to report prohibited or unprofessional conduct, arrests and convictions) has engaged in prohibited conduct as defined in ORS 676.150 (Duty to report prohibited or unprofessional conduct, arrests and convictions) shall report the prohibited conduct in the manner provided in ORS 676.150 (Duty to report prohibited or unprofessional conduct, arrests and convictions).

(c) Any person may report to the agency suspected violations of ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office) or unsanitary conditions in a nursing home.

(2) Information acquired by the agency pursuant to subsection (1) of this section is confidential and is not subject to public disclosure.

(3) Any person who reports or provides information to the agency under subsection (1) of this section and who provides information in good faith may not be subject to an action for civil damages as a result of making the report or providing the information.