Notice prior to disclosure
If a health professional regulatory board intends to disclose a record pursuant to ORS 676.175 (Complaints and investigations confidential) (2), the board shall provide the licensee or applicant seven days’ prior written notice by first class mail. The notice shall describe the record that the board intends to disclose in sufficient detail to permit the licensee or applicant to know the contents of the record. In any subsequent action for injunctive or declaratory relief, the burden shall be on the person seeking disclosure to demonstrate 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. [1997 c.791 §3]
Note: See note under 676.160 (Definitions for ORS 676.165 to 676.180).
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