Chapter 807 Oregon Laws 2003
AN ACT
HB 3093
Relating to public records; creating new provisions; amending ORS 192.445, 192.501, 192.650, 192.685 and 414.395; and declaring an emergency.
Be It Enacted by the People of the State of
Oregon:
SECTION 1. ORS 192.445 is amended to read:
192.445. (1) An individual may submit a written request to a public body not to disclose a specified public record indicating the home address, [or] personal telephone number or electronic mail address of the individual. A public body [shall] may not disclose the specified public record if the individual demonstrates to the satisfaction of the public body that the personal safety of the individual or the personal safety of a family member residing with the individual is in danger if the home address, [or] personal telephone number or electronic mail address remains available for public inspection.
(2) The Attorney General shall adopt rules describing:
(a) The procedures for submitting the written request described in subsection (1) of this section.
(b) The evidence an individual shall provide to the public body to establish that disclosure of the home address, [or] telephone number or electronic mail address of the individual would constitute a danger to personal safety. [Such] The evidence may include but is not limited to evidence that the individual or a family member residing with the individual has:
(A) Been a victim of domestic violence;
(B) Obtained an order issued under ORS 133.055;
(C) Contacted a law enforcement officer involving domestic violence or other physical abuse;
(D) Obtained a temporary restraining order or other no contact order to protect the individual from future physical abuse; or
(E) Filed other criminal or civil legal proceedings regarding physical protection.
(c) The procedures for submitting the written notification from the individual that disclosure of the home address, [or] personal telephone number or electronic mail address of the individual no longer constitutes a danger to personal safety.
(3) A request described in subsection (1) of this section [shall remain] remains effective:
(a) Until the public body receives a written request for termination but no later than five years after the date that a public body receives the request; or
(b) In the case of a voter registration record, until the individual must update the individual’s voter registration, at which time the individual may apply for another exemption from disclosure.
(4) A public body may disclose a home address, [or] personal telephone number or electronic mail address of an individual exempt from disclosure under subsection (1) of this section upon court order, on request from any law enforcement agency or with the consent of the individual.
(5) A public body [shall] may not be held liable for granting or denying an exemption from disclosure under this section or any other unauthorized release of a home address, [or] personal telephone number or electronic mail address granted an exemption from disclosure under this section.
(6) This section does not apply to county property and lien records.
SECTION 2. ORS 192.501, as amended by section 26, chapter 674, Oregon Laws 2003 (Enrolled Senate Bill 437), is amended to read:
192.501. The following public records are exempt from disclosure under ORS 192.410 to 192.505 unless the public interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which the public body is a party if the complaint has been filed, or if the complaint has not been filed, if the public body shows that such litigation is reasonably likely to occur. This exemption does not apply to litigation which has been concluded, and nothing in this subsection shall limit any right or opportunity granted by discovery or deposition statutes to a party to litigation or potential litigation;
(2) Trade secrets. “Trade secrets,” as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within an organization and which is used in a business it conducts, having actual or potential commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it;
(3) Investigatory information compiled for criminal law purposes. The record of an arrest or the report of a crime shall be disclosed unless and only for so long as there is a clear need to delay disclosure in the course of a specific investigation, including the need to protect the complaining party or the victim. Nothing in this subsection shall limit any right constitutionally guaranteed, or granted by statute, to disclosure or discovery in criminal cases. For purposes of this subsection, the record of an arrest or the report of a crime includes, but is not limited to:
(a) The arrested person’s name, age, residence, employment, marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to 135.290;
(d) The identity of and biographical information concerning both complaining party and victim;
(e) The identity of the investigating and arresting agency and the length of the investigation;
(f) The circumstances of arrest, including time, place, resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public assistance in apprehending fugitives from justice;
(4) Test questions, scoring keys, and other data used to administer a licensing examination, employment, academic or other examination or testing procedure before the examination is given and if the examination is to be used again. Records establishing procedures for and instructing persons administering, grading or evaluating an examination or testing procedure are included in this exemption, to the extent that disclosure would create a risk that the result might be affected;
(5) Information consisting of production records, sale or purchase records or catch records, or similar business records of a private concern or enterprise, required by law to be submitted to or inspected by a governmental body to allow it to determine fees or assessments payable or to establish production quotas, and the amounts of such fees or assessments payable or paid, to the extent that such information is in a form which would permit identification of the individual concern or enterprise. This exemption does not include records submitted by long term care facilities as defined in ORS 442.015 to the state for purposes of reimbursement of expenses or determining fees for patient care. Nothing in this subsection shall limit the use which can be made of such information for regulatory purposes or its admissibility in any enforcement proceeding;
(6) Information relating to the appraisal of real estate prior to its acquisition;
(7) The names and signatures of employees who sign authorization cards or petitions for the purpose of requesting representation or decertification elections;
(8) Investigatory information relating to any complaint filed under ORS 659A.820 or 659A.825, until such time as the complaint is resolved under ORS 659A.835, or a final order is issued under ORS 659A.850;
(9) Investigatory information relating to any complaint or charge filed under ORS 243.676 and 663.180;
(10) Records, reports and other information received or compiled by the Director of the Department of Consumer and Business Services under ORS 697.732;
(11) Information concerning the location of archaeological sites or objects as those terms are defined in ORS 358.905, except if the governing body of an Indian tribe requests the information and the need for the information is related to that Indian tribe’s cultural or religious activities. This exemption does not include information relating to a site that is all or part of an existing, commonly known and publicized tourist facility or attraction;
(12) A personnel discipline action, or materials or documents supporting that action;
(13) Information developed pursuant to ORS 496.004, 496.172 and 498.026 or ORS 496.192 and 564.100, regarding the habitat, location or population of any threatened species or endangered species;
(14) Writings prepared by or under the direction of faculty of public educational institutions, in connection with research, until publicly released, copyrighted or patented;
(15) Computer programs developed or purchased by or for any public body for its own use. As used in this subsection, “computer program” means a series of instructions or statements which permit the functioning of a computer system in a manner designed to provide storage, retrieval and manipulation of data from such computer system, and any associated documentation and source material that explain how to operate the computer program. “Computer program” does not include:
(a) The original data, including but not limited to numbers, text, voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be used if the manipulated forms of the original data were to be produced manually;
(16) Data and information provided by participants to mediation under ORS 36.256;
(17) Investigatory information relating to any complaint or charge filed under ORS chapter 654, until a final administrative determination is made or, if a citation is issued, until an employer receives notice of any citation;
(18) Specific operational plans in connection with an anticipated threat to individual or public safety for deployment and use of personnel and equipment, prepared and used by a law enforcement agency, if public disclosure thereof would endanger the life or physical safety of a citizen or law enforcement officer or jeopardize the law enforcement activity involved;
(19)(a) Audits or audit reports required of a telecommunications carrier. As used in this paragraph, “audit or audit report” means any external or internal audit or audit report pertaining to a telecommunications carrier, as defined in ORS 133.721, or pertaining to a corporation having an affiliated interest, as defined in ORS 759.010, with a telecommunications carrier that is intended to make the operations of the entity more efficient, accurate or compliant with applicable rules, procedures or standards, that may include self-criticism and that has been filed by the telecommunications carrier or affiliate under compulsion of state law. “Audit or audit report” does not mean an audit of a cost study that would be discoverable in a contested case proceeding and that is not subject to a protective order; and
(b) Financial statements. As used in this paragraph, “financial statement” means a financial statement of a nonregulated corporation having an affiliated interest, as defined in ORS 759.010, with a telecommunications carrier, as defined in ORS 133.721;
(20) The residence address of an elector if authorized under ORS 247.965 and subject to ORS 247.967;
(21) The following records, communications and information submitted to a housing authority as defined in ORS 456.005 by applicants for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and information, including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership agreements and operating agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost data;
(i) Audits;
(j) Project tenant correspondence requested to be confidential;
(k) Tenant files relating to certification; and
(L) Housing assistance payment requests;
(22) Records or information that, if disclosed, would allow a person to:
(a) Gain unauthorized access to buildings or other property used or owned by a public body;
(b) Identify those areas of structural or operational vulnerability that would permit unlawful disruption to, or interference with, the services provided by a public body; or
(c) Disrupt, interfere with or gain unauthorized access to public funds or to information processing, communication or telecommunication systems, including the information contained in the systems, that are used or operated by a public body;
(23) Records or information that would reveal the security measures taken or recommended to be taken to protect:
(a) An officer or employee of a public body;
(b) Buildings or other property used or owned by a public body;
(c) Information processing, communication or telecommunication systems, including the information contained therein, that are used or operated by a public body; or
(d) Those operations of the Oregon State Lottery the security of which are subject to study and evaluation under ORS 461.180 (6);
(24) Writings prepared by or under the direction of officials of Oregon Health and Science University about a person and the person’s potential interest in donating money or property to the university or about the person’s actual donation unless disclosure is authorized by the person;
(25) [Writings prepared] Personal information held by or under the direction of officials of the Oregon University System about a person [and the person’s potential interest] who has or who is interested in donating money or property to the system or to a state institution of higher education, [or about the person’s actual donation, unless disclosure is authorized by the person] if the information is related to the family of the person, personal assets of the person or is incidental information not related to the donation;
(26) The home address, professional address and telephone number of a person who has or who is interested in donating money or property to the Oregon University System;
[(26)] (27) Records of the name and address of a person who files a report with or pays an assessment to a council, board or commission created or organized under ORS chapter 576, 577, 578 or 579. As used in this subsection, “council, board or commission” does not include the advisory committee established under ORS 576.810; [and]
[(27)] (28) Information provided to, obtained
by or used by a public body to authorize, originate, receive or authenticate a
transfer of funds, including but not limited to a credit card number, payment
card expiration date, password, financial institution account number and
financial institution routing number[.]; and
(29) The name, home address, professional address or location of a person that is engaged in, or that provides goods or services for, medical research at Oregon Health and Science University that is conducted using animals other than rodents.
SECTION 3. ORS 192.501, as amended by section 26, chapter 674, Oregon Laws 2003 (Enrolled Senate Bill 437), and section 2 of this 2003 Act, is amended to read:
192.501. The following public records are exempt from disclosure under ORS 192.410 to 192.505 unless the public interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which the public body is a party if the complaint has been filed, or if the complaint has not been filed, if the public body shows that such litigation is reasonably likely to occur. This exemption does not apply to litigation which has been concluded, and nothing in this subsection shall limit any right or opportunity granted by discovery or deposition statutes to a party to litigation or potential litigation;
(2) Trade secrets. “Trade secrets,” as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within an organization and which is used in a business it conducts, having actual or potential commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it;
(3) Investigatory information compiled for criminal law purposes. The record of an arrest or the report of a crime shall be disclosed unless and only for so long as there is a clear need to delay disclosure in the course of a specific investigation, including the need to protect the complaining party or the victim. Nothing in this subsection shall limit any right constitutionally guaranteed, or granted by statute, to disclosure or discovery in criminal cases. For purposes of this subsection, the record of an arrest or the report of a crime includes, but is not limited to:
(a) The arrested person’s name, age, residence, employment, marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to 135.290;
(d) The identity of and biographical information concerning both complaining party and victim;
(e) The identity of the investigating and arresting agency and the length of the investigation;
(f) The circumstances of arrest, including time, place, resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public assistance in apprehending fugitives from justice;
(4) Test questions, scoring keys, and other data used to administer a licensing examination, employment, academic or other examination or testing procedure before the examination is given and if the examination is to be used again. Records establishing procedures for and instructing persons administering, grading or evaluating an examination or testing procedure are included in this exemption, to the extent that disclosure would create a risk that the result might be affected;
(5) Information consisting of production records, sale or purchase records or catch records, or similar business records of a private concern or enterprise, required by law to be submitted to or inspected by a governmental body to allow it to determine fees or assessments payable or to establish production quotas, and the amounts of such fees or assessments payable or paid, to the extent that such information is in a form which would permit identification of the individual concern or enterprise. This exemption does not include records submitted by long term care facilities as defined in ORS 442.015 to the state for purposes of reimbursement of expenses or determining fees for patient care. Nothing in this subsection shall limit the use which can be made of such information for regulatory purposes or its admissibility in any enforcement proceeding;
(6) Information relating to the appraisal of real estate prior to its acquisition;
(7) The names and signatures of employees who sign authorization cards or petitions for the purpose of requesting representation or decertification elections;
(8) Investigatory information relating to any complaint filed under ORS 659A.820 or 659A.825, until such time as the complaint is resolved under ORS 659A.835, or a final order is issued under ORS 659A.850;
(9) Investigatory information relating to any complaint or charge filed under ORS 243.676 and 663.180;
(10) Records, reports and other information received or compiled by the Director of the Department of Consumer and Business Services under ORS 697.732;
(11) Information concerning the location of archaeological sites or objects as those terms are defined in ORS 358.905, except if the governing body of an Indian tribe requests the information and the need for the information is related to that Indian tribe’s cultural or religious activities. This exemption does not include information relating to a site that is all or part of an existing, commonly known and publicized tourist facility or attraction;
(12) A personnel discipline action, or materials or documents supporting that action;
(13) Information developed pursuant to ORS 496.004, 496.172 and 498.026 or ORS 496.192 and 564.100, regarding the habitat, location or population of any threatened species or endangered species;
(14) Writings prepared by or under the direction of faculty of public educational institutions, in connection with research, until publicly released, copyrighted or patented;
(15) Computer programs developed or purchased by or for any public body for its own use. As used in this subsection, “computer program” means a series of instructions or statements which permit the functioning of a computer system in a manner designed to provide storage, retrieval and manipulation of data from such computer system, and any associated documentation and source material that explain how to operate the computer program. “Computer program” does not include:
(a) The original data, including but not limited to numbers, text, voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be used if the manipulated forms of the original data were to be produced manually;
(16) Data and information provided by participants to mediation under ORS 36.256;
(17) Investigatory information relating to any complaint or charge filed under ORS chapter 654, until a final administrative determination is made or, if a citation is issued, until an employer receives notice of any citation;
(18) Specific operational plans in connection with an anticipated threat to individual or public safety for deployment and use of personnel and equipment, prepared and used by a law enforcement agency, if public disclosure thereof would endanger the life or physical safety of a citizen or law enforcement officer or jeopardize the law enforcement activity involved;
(19)(a) Audits or audit reports required of a telecommunications carrier. As used in this paragraph, “audit or audit report” means any external or internal audit or audit report pertaining to a telecommunications carrier, as defined in ORS 133.721, or pertaining to a corporation having an affiliated interest, as defined in ORS 759.010, with a telecommunications carrier that is intended to make the operations of the entity more efficient, accurate or compliant with applicable rules, procedures or standards, that may include self-criticism and that has been filed by the telecommunications carrier or affiliate under compulsion of state law. “Audit or audit report” does not mean an audit of a cost study that would be discoverable in a contested case proceeding and that is not subject to a protective order; and
(b) Financial statements. As used in this paragraph, “financial statement” means a financial statement of a nonregulated corporation having an affiliated interest, as defined in ORS 759.010, with a telecommunications carrier, as defined in ORS 133.721;
(20) The residence address of an elector if authorized under ORS 247.965 and subject to ORS 247.967;
(21) The following records, communications and information submitted to a housing authority as defined in ORS 456.005 by applicants for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and information, including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership agreements and operating agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost data;
(i) Audits;
(j) Project tenant correspondence requested to be confidential;
(k) Tenant files relating to certification; and
(L) Housing assistance payment requests;
(22) Records or information that, if disclosed, would allow a person to:
(a) Gain unauthorized access to buildings or other property used or owned by a public body;
(b) Identify those areas of structural or operational vulnerability that would permit unlawful disruption to, or interference with, the services provided by a public body; or
(c) Disrupt, interfere with or gain unauthorized access to public funds or to information processing, communication or telecommunication systems, including the information contained in the systems, that are used or operated by a public body;
(23) Records or information that would reveal the security measures taken or recommended to be taken to protect:
(a) An officer or employee of a public body;
(b) Buildings or other property used or owned by a public body;
(c) Information processing, communication or telecommunication systems, including the information contained therein, that are used or operated by a public body; or
(d) Those operations of the Oregon State Lottery the security of which are subject to study and evaluation under ORS 461.180 (6);
(24) Writings prepared by or under the direction of officials of Oregon Health and Science University about a person and the person’s potential interest in donating money or property to the university or about the person’s actual donation unless disclosure is authorized by the person;
(25) Personal information held by or under the direction of officials of the Oregon University System about a person who has or who is interested in donating money or property to the system or to a state institution of higher education, if the information is related to the family of the person, personal assets of the person or is incidental information not related to the donation;
(26) The home address, professional address and telephone number of a person who has or who is interested in donating money or property to the Oregon University System;
(27) Records of the name and address of a person who files a report with or pays an assessment to a council, board or commission created or organized under ORS chapter 576, 577, 578 or 579. As used in this subsection, “council, board or commission” does not include the advisory committee established under ORS 576.810; and
(28) Information provided to, obtained by or used by a public body to authorize, originate, receive or authenticate a transfer of funds, including but not limited to a credit card number, payment card expiration date, password, financial institution account number and financial institution routing number[; and].
[(29) The name, home address, professional address or location of a person that is engaged in, or that provides goods or services for, medical research at Oregon Health and Science University that is conducted using animals other than rodents.]
SECTION 4. ORS 192.650 is amended to read:
192.650. (1) The governing body of a public body shall provide for the sound, video or digital recording or the taking of written minutes of all its meetings. Neither a full transcript nor a full recording of the meeting is required, except as otherwise provided by law, but the written minutes or recording must give a true reflection of the matters discussed at the meeting and the views of the participants. All minutes or recordings shall be available to the public within a reasonable time after the meeting, and shall include at least the following information:
(a) All members of the governing body present;
(b) All motions, proposals, resolutions, orders, ordinances and measures proposed and their disposition;
(c) The results of all votes and, except for public bodies consisting of more than 25 members unless requested by a member of that body, the vote of each member by name;
(d) The substance of any discussion on any matter; and
(e) Subject to ORS 192.410 to 192.505 relating to public records, a reference to any document discussed at the meeting [but such reference shall not affect the status of the document under ORS 192.410 to 192.505].
(2) Minutes of executive sessions shall be kept in accordance with subsection (1) of this section. However, the minutes of a hearing held under ORS 332.061 shall contain only the material not excluded under ORS 332.061 (2). Instead of written minutes, a record of any executive session may be kept in the form of a sound or video tape or digital recording, which need not be transcribed unless otherwise provided by law. If the disclosure of certain material is inconsistent with the purpose for which a meeting under ORS 192.660 is authorized to be held, that material may be excluded from disclosure. However, excluded materials are authorized to be examined privately by a court in any legal action and the court shall determine their admissibility.
(3)
A reference in minutes or a recording to a document discussed at a meeting of a
governing body of a public body does not affect the status of the document
under ORS 192.410 to 192.505.
(4)
A public body may charge a person a fee under ORS 192.440 for the preparation
of a transcript from a recording.
SECTION 5. If House Bill 2318 becomes law, section 4 of this 2003 Act (amending ORS 192.650) is repealed.
SECTION 6. If House Bill 3328 becomes law and House Bill 2318 does not become law, section 4 of this 2003 Act (amending ORS 192.650) is repealed and ORS 192.650, as amended by section 11, chapter [Vetoed], Oregon Laws 2003 (Enrolled House Bill 3328), is amended to read:
192.650. (1) Except for executive sessions described in ORS 192.660, the governing body of a public body shall provide for the sound, video or digital recording or the taking of written minutes of all its meetings. The governing body of a public body shall provide for the [electronic] sound, video or digital recording of all executive sessions.
(2) Except as otherwise provided by law, for meetings other than executive sessions:
(a) Written minutes are not required to contain a full transcript of the meeting;
(b) A sound, video or digital recording is not required to contain a full recording of the meeting; [and an electronic]
(c) A sound, video or digital recording is not required to be transcribed[.]; and
(d) Written minutes or sound, video or digital recordings must give a true reflection of the matters discussed at the meeting and the views of the participants.
(3)
For executive sessions:
(a)
A sound, video or digital recording is required to contain a full recording of
the meeting; and
(b) A sound, video or digital recording is not required to be transcribed unless otherwise required by law.
(4) Except as provided in subsection [(2)] (5) of this section, all written minutes or sound, video or digital recordings of meetings shall be available to the public within a reasonable time after the meeting[. Written minutes] and shall include at least the following information:
(a) All members of the governing body present;
(b) All motions, proposals, resolutions, orders, ordinances and measures proposed and their disposition;
(c) The results of all votes and, except for public bodies consisting of more than 25 members unless requested by a member of that body, the vote of each member by name;
(d) The substance of any discussion on any matter; and
(e) Subject to ORS 192.410 to 192.505 relating to public records, a reference to any document discussed at the meeting.
[(2)] (5) In addition to [an electronic] a sound, video or digital recording, written minutes of executive sessions may be kept in accordance with subsection [(1)] (2) of this section. However, the written minutes of a hearing held under ORS 332.061 shall contain only the material not excluded under ORS 332.061 (2). If the disclosure of certain material is inconsistent with the purpose for which a meeting under ORS 192.660 is authorized to be held, that material may be excluded from disclosure. However, excluded materials are authorized to be examined privately by a court in any legal action and the court shall determine their admissibility.
[(3)] (6) A reference in minutes or [an electronic] a sound, video or digital recording to a document discussed at a meeting of a governing body of a public body does not affect the status of the document under ORS 192.410 to 192.505.
(7) A public body may charge a person a fee under ORS 192.440 for the preparation of a transcript from a sound, video or digital recording.
SECTION 7. If House Bill 3328 becomes law and House Bill 2318 does not become law, ORS 192.685, as amended by section 12, chapter [Vetoed], Oregon Laws 2003 (Enrolled House Bill 3328), is amended to read:
192.685. (1) Notwithstanding ORS 192.680, complaints of violations of ORS 192.660 alleged to have been committed by public officials may be made to the Oregon Government Standards and Practices Commission for review and investigation as provided by ORS 244.260 and for possible imposition of civil penalties as provided by ORS 244.350.
(2) The commission may interview witnesses, may review minutes[, electronic] and sound, video and digital recordings required under ORS 192.650 and other records and may obtain and consider any other information pertaining to executive sessions of the governing body of a public body for purposes of determining whether a violation of ORS 192.660 occurred. Information related to an executive session conducted for a purpose authorized by ORS 192.660 shall be made available to the Oregon Government Standards and Practices Commission for its investigation but shall be excluded from public disclosure. At the conclusion of action under ORS 244.260, the commission shall return any minutes and the [electronic] sound, video or digital recording of the executive session to the governing body of the public body that held the executive session.
(3) If the commission chooses not to pursue a complaint of a violation brought under subsection (1) of this section at any time before conclusion of a contested case hearing, the public official against whom the complaint was brought may be entitled to reimbursement of reasonable costs and attorney fees by the public body to which the official’s governing body has authority to make recommendations or for which the official’s governing body has authority to make decisions.
SECTION 8. If House Bill 3328 becomes law and House Bill 2318 does not become law, ORS 414.395 is amended to read:
414.395. (1) Notwithstanding ORS 192.660, the Drug Use Review Board may meet in an executive session for purposes of reviewing the prescribing or dispensing practices of individual physicians or pharmacists or to discuss drug use review data pertaining to individual physicians or pharmacists or to review profiles of individual clients. The meeting is subject to the requirements of ORS 192.650 [(2)] (5).
(2) The board shall provide appropriate opportunity for public testimony at the regularly scheduled board meetings.
SECTION
9. (1) The amendments to ORS
192.445 by section 1 of this 2003 Act apply to requests made on or after the
effective date of this 2003 Act.
(2)
The amendments to ORS 192.501 by section 2 of this 2003 Act apply to information
provided before, on or after the effective date of this 2003 Act.
(3)
The amendments to ORS 192.650 by section 4 of this 2003 Act apply to meetings
and executive sessions held on or after the effective date of this 2003 Act.
SECTION 10. If House Bill 2318 becomes law, section 9 of this 2003 Act is amended to read:
Sec. 9. (1) The amendments to ORS 192.445 by section 1 of this 2003 Act apply to requests made on or after the effective date of this 2003 Act.
(2) The amendments to ORS 192.501 by section 2 of this 2003 Act apply to information provided before, on or after the effective date of this 2003 Act.
[(3) The amendments to ORS 192.650 by section 4 of this 2003 Act apply to meetings and executive sessions held on or after the effective date of this 2003 Act.]
SECTION 11. If House Bill 3328 becomes law and House Bill 2318 does not become law, section 9 of this 2003 Act is amended to read:
Sec. 9. (1) The amendments to ORS 192.445 by section 1 of this 2003 Act apply to requests made on or after the effective date of this 2003 Act.
(2) The amendments to ORS 192.501 by section 2 of this 2003 Act apply to information provided before, on or after the effective date of this 2003 Act.
(3) The amendments to ORS 192.650 by section [4] 6 of this 2003 Act apply to meetings and executive sessions held on or after the effective date of this 2003 Act.
SECTION 12. The amendments to ORS 192.501 by section 3 of this 2003 Act become operative on January 2, 2006.
SECTION 13. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.
Approved by the Governor September 24, 2003
Filed in the office of Secretary of State September 24, 2003
Effective date September 24, 2003
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