2017 ORS 676.595¹
Disclosure of certain investigatory information
  • further disclosure
  • required disclosures
  • fees

Caution-flag-2-25x25
This section is amended
Effective April 3, 2018
Relating to residential care facilities; creating new provisions; amending ORS 401.651, 431A.850, 433.045, 441.057, 441.406, 676.108, 676.150, 676.350, 676.400, 676.565, 676.595, 676.850, 676.992, 678.710, 678.720, 678.740, 678.770, 678.800, 678.810, 678.820 and 743B.454; and declaring an emergency.

(1) As used in this section, “board” means the:

(a) Sex Offender Treatment Board established under ORS 675.395 (Sex Offender Treatment Board).

(b) Behavior Analysis Regulatory Board created under ORS 676.806 (Behavior Analysis Regulatory Board).

(c) Nursing Home Administrators Board established under ORS 678.800 (Nursing Home Administrators Board).

(d) State Board of Denture Technology established under ORS 680.556 (State Board of Denture Technology).

(e) State Board of Direct Entry Midwifery established under ORS 687.470 (State Board of Direct Entry Midwifery).

(f) Board of Athletic Trainers established under ORS 688.705 (Board of Athletic Trainers).

(g) Respiratory Therapist and Polysomnographic Technologist Licensing Board established under ORS 688.820 (Respiratory Therapist and Polysomnographic Technologist Licensing Board).

(h) Board of Licensed Dietitians established under ORS 691.485 (Board of Licensed Dietitians).

(i) Environmental Health Registration Board established under ORS 700.210 (Environmental Health Registration Board).

(2) Except to the extent that disclosure is necessary to conduct a full and proper investigation, the Health Licensing Office may not disclose information, including complaints and information identifying complainants, obtained by the office as part of an investigation conducted under:

(a) ORS 675.360 (Legislative findings) to 675.410 (Duties of Health Licensing Office under ORS 675.360 to 675.410), 676.810 (Board duties) to 676.820 (Use of titles “licensed behavior analyst,” “licensed assistant behavior analyst,” “registered behavior analysis interventionist”), 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office), 680.500 (Definitions for ORS 680.500 to 680.565) to 680.565 (Authority of Health Licensing Office and director), 687.405 (“Direct entry midwifery” defined) to 687.495 (Collection of data on birth and fetal death outcomes), 688.701 (Definitions for ORS 688.701 to 688.734) to 688.734 (Disciplinary authority of Health Licensing Office), 688.800 (Definitions for ORS 688.800 to 688.840) to 688.840 (Immunity from civil liability) or 691.405 (Definitions for ORS 691.405 to 691.485) to 691.485 (Board of Licensed Dietitians) or ORS chapter 700.

(b) ORS 676.560 (Purpose of Health Licensing Office) to 676.625 (Health Licensing Office Account) if the investigation is related to the regulation of:

(A) Sex offender therapy under ORS 675.360 (Legislative findings) to 675.410 (Duties of Health Licensing Office under ORS 675.360 to 675.410);

(B) Applied behavior analysis under ORS 676.810 (Board duties) to 676.820 (Use of titles “licensed behavior analyst,” “licensed assistant behavior analyst,” “registered behavior analysis interventionist”);

(C) Nursing home administration under ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office);

(D) The practice of denture technology under ORS 680.500 (Definitions for ORS 680.500 to 680.565) to 680.565 (Authority of Health Licensing Office and director);

(E) Direct entry midwifery under ORS 687.405 (“Direct entry midwifery” defined) to 687.495 (Collection of data on birth and fetal death outcomes);

(F) Athletic training under ORS 688.701 (Definitions for ORS 688.701 to 688.734) to 688.734 (Disciplinary authority of Health Licensing Office);

(G) Respiratory care and polysomnography under ORS 688.800 (Definitions for ORS 688.800 to 688.840) to 688.840 (Immunity from civil liability);

(H) Dietetics under ORS 691.405 (Definitions for ORS 691.405 to 691.485) to 691.485 (Board of Licensed Dietitians); or

(I) Environmental or waste water sanitation under ORS chapter 700.

(3) Notwithstanding subsection (2) of this section, if the office decides not to impose a disciplinary sanction after conducting an investigation described in subsection (2) of this section:

(a) The office shall disclose information obtained as part of the investigation if the person requesting the information demonstrates by clear and convincing evidence that the public interest in disclosure outweighs other interests in nondisclosure, including the public interest in nondisclosure.

(b) The office may disclose to a complainant who made a complaint related to the investigation a written summary of information obtained as part of the investigation to the extent that disclosure is necessary to explain the office’s decision. The person who is the subject of the investigation may review and obtain a copy of a written summary disclosed under this paragraph after the office has redacted any information identifying the complainant.

(4) Notwithstanding subsection (2) of this section, if a decision is made to impose a disciplinary sanction and to issue a notice of intent to impose a disciplinary sanction after conducting an investigation described in subsection (2) of this section, upon written request by the person who is the subject of the investigation, the office shall disclose to the person all information obtained by the office during the investigation, except that the office may not disclose:

(a) Information that is otherwise privileged or confidential under state or federal law.

(b) Information identifying a person who provided information that led to the investigation, unless the person will provide testimony at a hearing arising out of the investigation.

(c) Information identifying a complainant.

(d) Reports of expert witnesses.

(5) Information disclosed to a person under subsection (4) of this section may be further disclosed by the person only to the extent that disclosure is necessary to prepare for a hearing arising out of the investigation.

(6) The office shall disclose:

(a) Any notice related to the imposition of a disciplinary sanction.

(b) A final order related to the imposition of a disciplinary sanction.

(c) An emergency suspension order.

(d) A consent order or stipulated agreement that involves the conduct of a person against whom discipline is sought.

(e) Information to further an investigation into board conduct under ORS 192.685 (Additional enforcement of alleged violations of ORS 192.660).

(7) The office must summarize the factual basis for the office’s disposition of:

(a) A final order related to the imposition of a disciplinary sanction;

(b) An emergency suspension order; or

(c) A consent order or stipulated agreement that involves the conduct of a person against whom discipline is sought.

(8)(a) An office record or order, or any part of an office record or order, that is obtained during an investigation described in subsection (2) of this section, during a contested case proceeding or as a result of entering into a consent order or stipulated agreement is not admissible as evidence and may not preclude an issue or claim in a civil proceeding.

(b) This subsection does not apply to a proceeding between the office and a person against whom discipline is sought as otherwise authorized by law.

(9)(a) Notwithstanding subsection (2) of this section, the office is not publicly disclosing information when the office permits other public officials and members of the press to attend executive sessions where information obtained as part of an investigation is discussed. Public officials and members of the press attending such executive sessions may not disclose information obtained as part of an investigation to any other member of the public.

(b) For purposes of this subsection, “public official” means a member, member-elect or employee of a public entity as defined in ORS 676.177 (Disclosure of confidential information to another public entity).

(10) The office may establish fees reasonably calculated to reimburse the actual cost of disclosing information to a person against whom discipline is sought as required by subsection (4) of this section. [2017 c.101 §2]

1 Legislative Counsel Committee, CHAPTER 676—Health Professions Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors676.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.