Chapter 229
Oregon Laws 2011
AN ACT
HB 2683
Relating to
confidential information in protective proceedings; amending ORS 125.012; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 125.012 is amended to
read:
125.012. (1) As used in this
section:
(a) “Party” means:
(A) A person who is the subject of a
petition for a protective order.
(B) A person who has petitioned for
appointment, or who has been appointed, as a fiduciary for a protected person
under this chapter.
(C) A person, not otherwise a party
under this paragraph, who has filed objections as allowed under this chapter.
(D) A visitor appointed by the court
in a proceeding under this chapter.
(E) Any other person who has filed a
petition or motion in a proceeding under this chapter.
(b) “Protected health information” has
the meaning given that term in ORS 192.519.
(c) “Protective services” has the
meaning given that term in ORS 410.040.
[(1)]
(2) The Department of Human Services or the Oregon Health Authority,
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 authority,
or a petitioning attorney with whom the department or authority has
contracted, petitions for a protective order under this section, the department
or authority 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)]
(3) When a petition for a protective order is filed under this chapter
by a person other than the Department of Human Services, the Oregon Health
Authority or an attorney with whom the department or authority has
contracted, or when a protective order has already been entered, the department
or authority 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 or authority 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)(a)]
(4)(a) All confidential and protected health, mental health, financial,
substantiated abuse and legal information disclosed by the Department of
Human Services, the Oregon Health Authority or an attorney with whom the
department or authority has contracted under this section must remain
confidential [and, when disclosed to the
court, must be sealed by the court].
(b) Information disclosed under this
section must be identified and marked by the entity or person making the
disclosure as confidential and protected information that is subject to the
requirements [of paragraph (a)] of
this subsection.
(c) Information disclosed under this
section [that is subject to the
requirements of paragraph (a) of this subsection] is subject to inspection
only by the parties to the proceedings and their attorneys[, and] as provided in subsection (5) of this section.
Information disclosed under this section is not subject to inspection by
members of the public except pursuant to a court order entered after a showing
of good cause. Good cause under this paragraph includes the need for
inspection of the information by an attorney considering representation of the
person who is the subject of the petition or protective order, or of a person
who has petitioned for appointment, or who has been appointed, as a fiduciary
for a protected person under this chapter.
(d) Notwithstanding ORS 125.155 (4),
to the extent that the report of a visitor appointed by the court under ORS 125.150
contains information that is subject to the requirements [of paragraph (a)] of this subsection, the report in its entirety
shall be considered subject to the requirements [of paragraph (a)] of this subsection and may be disclosed only as
provided in paragraph (c) of this subsection.
[(4)
As used in this section, “protected health information” has the meaning given
that term in ORS 192.519.]
(5) The court may enter an order
allowing inspection of information subject to disclosure under this section upon
the filing of a written request for inspection and the payment of any fees or
costs charged to copy the information.
[(5)]
(6) Nothing in this section is intended to limit the application of ORS
125.050 to the use of information disclosed under this section in proceedings
under this chapter.
[(6)]
(7) Information may be disclosed under this section only for the purpose
of providing protective services [as that
term is defined in ORS 410.040].
SECTION 2. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect on
its passage.
Approved by
the Governor June 2, 2011
Filed in the
office of Secretary of State June 2, 2011
Effective date
June 2, 2011
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