75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 428
 
                           A-Engrossed
 
                         House Bill 2137
                  Ordered by the House April 27
            Including House Amendments dated April 27
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Human Services)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Provides immunity from civil liability for person who
provides protected health, mental health, financial or legal
information to Department of Human Services or office of public
guardian and conservator in connection with protective
proceeding. - }
  Allows Department  { + of Human Services + } to petition for
protective order { +  for purpose of providing protective
services from harm or neglect to elderly person or person with
disability + }.
  { - Allows - }   { + Directs + } department   { - or office of
public guardian and conservator - }  to disclose  { + minimum
amount of + } protected health, mental health, financial { + ,
substantiated abuse + } and legal information to court in
connection with petition if disclosure is necessary for health
and safety reasons.
  Allows department   { - or office of public guardian and
conservator - }  to disclose protected health, mental health,
financial { + , substantiated abuse + } and legal information to
court   { - and petitioning attorney if disclosure is necessary
for health and safety reasons - }  { +  when person other than
department petitions for protective order and disclosure is
necessary to provide protective services + }.
 
                        A BILL FOR AN ACT
Relating to protective proceedings.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 125. + }
  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. + }
  SECTION 3.  { + Section 2 of this 2009 Act applies to
activities occurring on or after the effective date of this 2009
Act. + }
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