ORS 676.595
Disclosure of certain investigatory information

  • further disclosure
  • required disclosures
  • fees

(1)

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

(a)

Sexual Offense Treatment Board established under ORS 675.395 (Sexual Offense Treatment Board).

(b)

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

(c)

Long Term Care Administrators Board established under ORS 678.800 (Long Term Care 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 675.365 (Definitions for ORS 675.365 to 675.410) to 675.410 (Duties of Health Licensing Office under ORS 675.365 to 675.410), 676.810 (Board duties) to 676.820 (Use of titles “licensed behavior analyst,” “licensed assistant behavior analyst,” “registered behavior analysis interventionist.”), 676.825 (Disciplinary authority over persons licensed or registered), 676.830 (Health benefit plan credentialing for applied behavior analysis providers), 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)

Sexual abuse specific treatment under ORS 675.365 (Definitions for ORS 675.365 to 675.410) to 675.410 (Duties of Health Licensing Office under ORS 675.365 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.”), 676.825 (Disciplinary authority over persons licensed or registered) and 676.830 (Health benefit plan credentialing for applied behavior analysis providers);

(C)

Nursing home administration and residential care facility 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 or board 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 or board’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 or board 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 or board must summarize the factual basis for the office’s or board’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)

Intentionally left blank —Ed.

(a)

An office or board record or order, or any part of an office or board 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 or board and a person against whom discipline is sought as otherwise authorized by law.

(9)

Intentionally left blank —Ed.

(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; 2018 c.61 §23; 2019 c.68 §15; 2019 c.456 §18]

Source: Section 676.595 — Disclosure of certain investigatory information; further disclosure; required disclosures; fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors676.­html.

676.108
Definition of “health professional regulatory board.”
676.110
Use of title “doctor.”
676.115
Use of title “nurse.”
676.120
Use of deceased licensee’s name
676.130
Enforcement of ORS 676.110, 676.115 and 676.120
676.150
Duty to report prohibited or unprofessional conduct, arrests and convictions
676.160
Definitions for ORS 676.165 to 676.180
676.165
Complaint investigation
676.170
Immunity of information providers
676.175
Complaints and investigations confidential
676.177
Disclosure of confidential information to another public entity
676.180
Notice prior to disclosure
676.185
Definitions for ORS 676.185 to 676.200
676.190
Establishment of program
676.194
Impaired Health Professional Program Work Group
676.200
Board participation in program
676.205
Continuing jurisdiction of boards
676.210
Practice of health care profession after suspension or revocation of license prohibited
676.220
Enjoining health care professional from practicing after suspension or revocation of license
676.230
Injunction as cumulative remedy
676.260
Health care facility notification of blood alcohol level or presence of cannabis or controlled substance in blood
676.280
Immunity of person providing notice to law enforcement of blood test results
676.300
Authority of health care provider to notify law enforcement agency that patient who is under influence of intoxicants is about to drive vehicle
676.303
Purposes of health professional regulatory boards
676.306
Executive directors
676.308
Authorization for military spouse or domestic partner to practice health profession
676.310
Fees for laboratory testing
676.330
Approved osteopathic residency training and certification included as medical specialty certification
676.340
Limitations on liability of health practitioners providing health care services without compensation
676.345
Registration program for health care professionals claiming liability limitation
676.350
Authority of health professional regulatory boards to adopt rules permitting expedited partner therapy
676.360
Pelvic examinations
676.400
Racial and ethnic composition of regulated health professions
676.405
Release of personal information
676.410
Information required for renewal of certain licenses
676.440
Duty of health professional regulatory boards to encourage multidisciplinary pain management services
676.450
Health Care Provider Incentive Fund
676.454
Health care provider incentive program
676.459
Health care workforce needs
676.463
Financial incentive program participation data
676.467
Allocation of moneys
676.551
Needlestick injury
676.553
Prohibitions relating to provision of substance abuse, problem gambling or mental health services and support
676.560
Purpose of Health Licensing Office
676.562
Definitions for ORS 676.560 to 676.625
676.565
Oversight and centralized service by office
676.568
Office responsibilities
676.572
Issuance of authorizations
676.576
Fees
676.579
Director
676.585
Duty of director to keep records and prepare reports
676.590
Disclosure of investigatory information, records
676.595
Disclosure of certain investigatory information
676.599
Disclosure of information to other public entity
676.608
Investigative authority
676.612
Disciplinary authority
676.613
Injunctions
676.615
Rulemaking authority
676.616
Final order authority for contested cases related to practice of direct entry midwifery
676.618
Inspection of facilities
676.622
Exemption from certain requirements for original signatures
676.625
Health Licensing Office Account
676.630
Definitions for ORS 676.630 to 676.660
676.635
Prohibition on unauthorized practice of advanced nonablative esthetics procedures or unauthorized use of title
676.640
Certification for practice of advanced nonablative esthetics procedures
676.645
Renewal of certificate
676.647
Prohibition on use of unregistered device
676.650
Board of Certified Advanced Estheticians
676.655
Board powers
676.660
Health Licensing Office authority to discipline persons certified to practice advanced nonablative esthetics procedures
676.665
Definitions for ORS 676.665 to 676.689
676.669
Lactation consultant license
676.673
Continuing education
676.677
Standards of practice and professional responsibility
676.681
Prohibition on unauthorized practice, use of title
676.685
Discipline
676.689
Rules
676.730
Definitions for ORS 676.730 to 676.748
676.733
Genetic counseling license
676.736
Prohibition on unauthorized practice, use of title
676.739
Requirement to refer for diagnosis, certain treatment
676.742
Requirement to practice, provide services in culturally, linguistically appropriate manner
676.745
Discipline
676.748
Rules
676.802
Definitions for ORS 676.802, 676.806 and 676.810 to 676.820
676.806
Behavior Analysis Regulatory Board
676.810
Board duties
676.815
Behavior analysis interventionists
676.820
Use of titles “licensed behavior analyst,” “licensed assistant behavior analyst,” “registered behavior analysis interventionist.”
676.825
Disciplinary authority over persons licensed or registered
676.830
Health benefit plan credentialing for applied behavior analysis providers
676.850
Authority of regulatory boards to require cultural competency continuing education
676.855
Authority of public universities and community colleges to require cultural competency continuing education
676.860
Suicide risk assessment, treatment and management continuing education for physical health care providers
676.863
Oregon Health Authority list of continuing education opportunities
676.866
Suicide risk assessment, treatment and management continuing education for behavioral health care providers
676.870
Definitions for ORS 676.870 to 676.890
676.875
Requirements for practice of surgical technology in health care facilities
676.880
Exemption
676.885
Practice of surgical technology in health care facility in rural or medically underserved community
676.890
Penalties
676.990
Criminal penalties
676.992
Civil penalties
Green check means up to date. Up to date