2007 ORS 677.655¹
Confidentiality of records and information
  • effect of successful completion of program

(1) All records of the Diversion Program Supervisory Council are confidential and shall not be subject to public disclosure, nor shall the records be admissible as evidence in any judicial, administrative, arbitration or mediation proceeding except proceedings between the licensee or applicant and the Oregon Medical Board.

(2) The members, employees, contractors and past or present clients of the council shall not be subject to the disclosure requirements in ORS 677.415 (Investigation of incompetence), nor shall they disclose information or be examined regarding any participant in the program.

(3) Any licensee who in good faith voluntarily participates in an approved diversion program and successfully completes the program shall not be subject to disciplinary investigation or sanctions unless the licensee is suspected of a violation of this chapter, other than ORS 677.190 (Grounds for suspending, revoking or refusing to grant license, registration or certification) (1)(a), by the manner of obtaining or self-administration of intoxicants, drugs or controlled substances or a violation of ORS 677.190 (Grounds for suspending, revoking or refusing to grant license, registration or certification) (7) or (24). [1989 c.705 §5; 1997 c.792 §28]

Note: The amendments to 677.655 (Confidentiality of records and information) by section 5, chapter 796, Oregon Laws 2007, take effect January 1, 2009. See section 9, chapter 796, Oregon Laws 2007. The text that is effective on and after January 1, 2009, is set forth for the user’s convenience.

677.655 (Confidentiality of records and information). (1) All records and meetings of the Health Professionals Program Supervisory Council are confidential and shall not be subject to public disclosure, nor shall the records be admissible as evidence in any judicial, administrative, arbitration or mediation proceeding except proceedings between the licensee or applicant and the Oregon Medical Board. Case reviews, deliberations and communications regarding any participant in the program are exempt from the provisions of ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690).

(2) The members, employees, contractors and past or present clients of the council shall not be subject to the disclosure requirements in ORS 677.415 (Investigation of incompetence).

(3) Any licensee who in good faith voluntarily participates in an approved diversion program and successfully completes the program shall not be subject to disciplinary investigation or sanctions unless the licensee is suspected of a violation described in ORS 677.190 (Grounds for suspending, revoking or refusing to grant license, registration or certification), except for ORS 677.190 (Grounds for suspending, revoking or refusing to grant license, registration or certification) (1)(a), by the manner of obtaining or self-administration of intoxicants, drugs or controlled substances or a violation described in ORS 677.190 (Grounds for suspending, revoking or refusing to grant license, registration or certification) (7), (13), (20) or (24).

(4) Except as otherwise provided in ORS 677.615 (Diversion Program Supervisory Council) to 677.677 (Rulemaking authority of board), disclosures of client records, including but not limited to mental health records, by members, employees, contractors and past or present clients of the council are subject to 42 C.F.R. part 2, sections 2.1 through 2.67. For the purposes of this subsection, medical health records and communications regarding mental health treatment shall be treated with the same confidentiality protections as alcohol and drug abuse patient records under 42 C.F.R. part 2, sections 2.1 through 2.67.

Chapter 677

Atty. Gen. Opinions

Extent of grandfather right under 1969 Act amending barbers law, (1972) Vol 36, p 23; licensing require­ments for hospital technicians employed by state correc­tional facilities, (1987) Vol 45, p 188

1 Legislative Counsel Committee, CHAPTER 677—Regulation of Medicine, Podiatry and Acupuncture, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­677.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 677, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­677ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.