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
 
                         House Bill 2137
 
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 as
introduced.
 
  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 to petition for protective order. Allows
department or office of public guardian and conservator to
disclose protected health, mental health, financial 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 and legal
information to court and petitioning attorney if disclosure is
necessary for health and safety reasons.
 
                        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) In connection with a protective proceeding
under this chapter or ORS 125.700 to 125.730, a person who makes
a referral to the Department of Human Services or to a public
guardian or conservator operating under ORS 125.700 to 125.730,
or who provides protected health, mental health, financial or
legal information to the department or to a proposed public
guardian or conservator, and who makes the referral or provides
the information in good faith and with reasonable grounds, has
immunity from any civil liability that might be incurred or
imposed with respect to making the referral or providing the
information. The person has the same immunity with respect to
involvement in any judicial proceeding resulting from the
referral or provision of information.
  (2) The Department of Human Services may petition for a
protective order under this chapter or ORS 125.700 to 125.730.
When the department or a proposed public guardian or conservator
is instrumental in petitioning for a protective order, the
department or proposed public guardian or conservator operating
under ORS 125.700 to 125.730 may disclose to the court and
petitioning attorney protected health, mental health, financial
and legal information about the person who is the subject of the
petition if the disclosure is necessary to prevent or lessen a
threat to the health or safety of a person or for public safety
purposes, including the prevention, identification or treatment
of abuse and neglect of elderly persons and persons with
disabilities.
  (3) In connection with a protective proceeding under this
chapter or ORS 125.700 to 125.730, the Department of Human
Services or a public guardian or conservator operating under ORS
125.700 to 125.730 may disclose to a court protected health,
mental health, financial and legal information about a person
without authorization from the person or personal representative
of the person if the disclosure is necessary to prevent or lessen
a threat to the health or safety of a person or for public safety
purposes, including the prevention, identification or treatment
of abuse and neglect of elderly persons and persons with
disabilities.
  (4) As used in this section:
  (a) 'Personal representative' and 'protected health
information' have the meanings given those terms in ORS 192.519.
  (b) 'Public guardian or conservator' means an office of public
guardian and conservator established under ORS 125.700 to
125.730. + }
  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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