75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2137
 
LC 428/HB 2137-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2137
 
                 By COMMITTEE ON HUMAN SERVICES
 
                            April 27
 
  On page 1 of the printed bill, delete lines 5 through 27 and
insert:
  '  { +  SECTION 2. + }  { + (1) The Department of Human
Services, for the purpose of providing protective services as
that term is defined in ORS 410.040, may petition for a
protective order under this chapter. When the department, or a
petitioning attorney with whom the department has contracted,
petitions for a protective order under this section, the
department shall disclose to the court or to the petitioning
attorney only a minimum amount of information about the person
who is the subject of the petition, including protected health,
mental health, financial, substantiated abuse and legal
information, as is reasonably necessary to prevent or lessen a
serious and imminent threat to the health or safety of the person
who is the subject of the petition or protective order.
  ' (2) When a petition for a protective order is filed under
this chapter by a person other than the Department of Human
Services, or when a protective order has already been entered,
the department, for the purpose of providing protective services
as that term is defined in ORS 410.040, may disclose to a court
protected health, mental health, financial, substantiated abuse
and legal information about the person who is the subject of the
petition or protective order, or about a person who has
petitioned for appointment, or who has been appointed, as a
fiduciary for a protected person under this chapter. The
department may disclose such information without authorization
from the person or fiduciary if the disclosure is made in good
faith and with the belief that the disclosure is the minimum
amount of information about the person or fiduciary as is
reasonably necessary to prevent or lessen a serious and imminent
threat to the health or safety of the person who is the subject
of the petition or protective order.
  ' (3) All confidential and protected health, mental health,
financial, substantiated abuse and legal information disclosed
under this section must remain confidential and be sealed by the
court. All sealed information must not be disclosed to any person
except upon request of the person or fiduciary who is the subject
of the petition or protective order, or pursuant to court order.
  ' (4) As used in this section, 'protected health information '
has the meaning given that term in ORS 192.519. + } ' .
  On page 2, delete lines 1 through 8.
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