Chapter 192 — Records;
Public Reports and Meetings
2011 EDITION
RECORDS; REPORTS AND MEETINGS
MISCELLANEOUS MATTERS
PUBLIC RECORDS POLICY
192.001 Policy
concerning public records
ARCHIVING OF PUBLIC RECORDS
192.005 Definitions
for ORS 192.005 to 192.170
192.015 Secretary
of State as public records administrator
192.018 Written
policies on use, retention and ownership of public records; State Archivist
approval
192.040 Making,
filing and recording records by photocopying
192.050 Copying
records; evidentiary effect
192.060 Indexing
and filing copied records
192.070 Duplicate
rolls of microfilm required; delivery to State Archivist
192.072 State
Archivist performing microfilm services for public body
192.105 State
Archivist authorization for state officials to dispose of records; legislative
records excepted; local government policy on disposing of public records;
limitations; records officer; standards for State Records Center
192.108 Retention
schedules
192.130 Disposition
of valueless records in custody of State Archivist; notice prior to disposition
192.170 Disposition
of materials without authorization
192.190 Consular
corps credentials as public records; duties of Secretary of State; fees
PUBLIC REPORTS
(Standardized Form)
192.210 Definitions
for ORS 192.210 and 192.220
192.220 Standardized
report forms; exemptions
(Policy; Compliance)
192.230 Definitions
for ORS 192.235 to 192.245
192.235 Policy
for ORS 192.230 to 192.250
192.240 Duties
of state agency issuing report
192.243 Availability
of report on Internet; rules
192.245 Form
of report to legislature
192.250 Director
of Oregon Department of Administrative Services to report to legislature on ORS
192.230 to 192.250
(Distribution)
192.270 Definitions
for ORS 192.270 and 192.275
192.275 Notice
when report required; content; effect
RECORDS AND REPORTS IN ENGLISH
192.310 Records
and reports required by law to be in English
PUBLIC SAFETY INVESTIGATION RECORDS
192.405 Prohibition
on disclosure of certain public safety officer investigation records;
exceptions
INSPECTION OF PUBLIC RECORDS
192.410 Definitions
for ORS 192.410 to 192.505
192.420 Right
to inspect public records; notice to public body attorney
192.423 Condensation
of public record subject to disclosure; petition to review denial of right to
inspect public record; adequacy of condensation
192.430 Functions
of custodian of public records; rules
192.440 Copies
or inspection of public records; written response by public body; fees; waiver
or reduction; procedure for records requests
192.445 Nondisclosure
on request of home address, home telephone number and electronic mail address;
rules of procedure; duration of effect of request; liability; when not
applicable
192.447 Nondisclosure
of public employee identification badge or card
192.450 Petition
to review denial of right to inspect state public record; appeal from decision
of Attorney General denying inspection; records of health professional
regulatory boards
192.460 Procedure
to review denial of right to inspect other public records; effect of disclosure
192.465 Effect
of failure of Attorney General, district attorney or elected official to take
timely action on inspection petition
192.470 Petition
form; procedure when petition received
192.480 Procedure
to review denial by elected official of right to inspect public records
192.490 Court
authority in reviewing action denying right to inspect public records;
docketing; costs and attorney fees
192.493 Health
services costs
192.495 Inspection
of records more than 25 years old
192.496 Medical
records; sealed records; records of individual in custody or under supervision;
student records
192.501 Public
records conditionally exempt from disclosure
192.502 Other
public records exempt from disclosure
192.505 Exempt
and nonexempt public record to be separated
RECORDS OF INDIVIDUAL WITH DISABILITY OR
MENTAL ILLNESS
192.515 Definitions
for ORS 192.515 and 192.517
192.517 Access
to records of individual with disability or individual with mental illness
GENETIC PRIVACY
192.531 Definitions
for ORS 192.531 to 192.549
192.533 Legislative
findings; purposes
192.535 Informed
consent for obtaining genetic information
192.537 Individual’s
rights in genetic information; retention of information; destruction of information
192.538 Notice
by health care provider regarding anonymous or coded research
192.539 Disclosure
of genetic information; exceptions
192.540 Use
of deceased individual’s DNA sample or genetic information for research
192.541 Private
right of action; remedies; affirmative defense; attorney fees
192.543 Criminal
penalty
192.545 Enforcement;
Attorney General or district attorney; intervention
192.547 Oregon
Health Authority rules; procedures
192.549 Advisory
Committee on Genetic Privacy and Research
PROTECTED HEALTH INFORMATION
192.553 Policy
for protected health information
192.556 Definitions
for ORS 192.553 to 192.581
192.558 Health
care provider and state health plan authority
192.563 Health
care provider and state health plan charges
192.566 Authorization
form
192.568 Confidentiality;
use and disclosure
192.571 No
right of action
192.573 Personal
representative of deceased individual
192.579 Allowed
disclosure for coordinating care
192.581 Allowed
retention or disclosure of genetic information
PRIVATE FINANCIAL RECORDS
192.583 Definitions
for ORS 192.583 to 192.607
192.586 Disclosure
of financial records prohibited; exceptions
192.588 Disclosure
to Department of Human Services; procedure; limitations
192.591 Disclosure
to state court; procedure; limitations
192.593 Authorization
by customer for disclosure
192.596 Disclosure
under summons or subpoena; procedure
192.598 Disclosure
under search warrant
192.600 Liability
of financial institution for disclosure
192.602 Time
for compliance; reimbursement; exceptions
192.603 Procedure
for disclosure to law enforcement agency
192.605 Charges
for participation in attorney trust account overdraft notification program
192.606 Civil
liability for violation of ORS 192.583 to 192.607; attorney fees; status of
evidence obtained in violation
192.607 Severability
PUBLIC MEETINGS
192.610 Definitions
for ORS 192.610 to 192.690
192.620 Policy
192.630 Meetings
of governing body to be open to public; location of meetings; accommodation for
person with disability; interpreters
192.640 Public
notice required; special notice for executive sessions, special or emergency
meetings
192.650 Recording
or written minutes required; content; fees
192.660 Executive
sessions permitted on certain matters; procedures; news media representatives’
attendance; limits
192.670 Meetings
by means of telephone or electronic communication
192.672 State
board or commission meetings through telephone or electronic means;
compensation and reimbursement
192.680 Enforcement
of ORS 192.610 to 192.690; effect of violation on validity of decision of
governing body; liability of members
192.685 Additional
enforcement of alleged violations of ORS 192.660
192.690 Exceptions
to ORS 192.610 to 192.690
192.695 Prima
facie evidence of violation required of plaintiff
192.710 Smoking
in public meetings prohibited
FINANCIAL INSTITUTION RECORD DISCLOSURES
192.800 Definitions
for ORS 192.800 to 192.810
192.805 Reimbursement
required prior to disclosure; charges
192.810 Applicability
of ORS 192.805
ADDRESS CONFIDENTIALITY PROGRAM
192.820 Definitions
for ORS 192.820 to 192.868
192.822 Address
Confidentiality Program; substitute addresses
192.826 Application
for participation in program; certification of participation; authorization
card; rules
192.828 Prohibitions;
civil penalty
192.832 Notice
of change in name, address or telephone number
192.834 Cancellation
of certification
192.836 Use
of substitute address; waiver of requirement
192.842 Use
of actual or substitute address in specified circumstances
192.844 Prohibition
on disclosure of actual address or telephone number by public body
192.846 Records
of Department of Transportation; substitute address
192.848 When
Attorney General may disclose actual address or telephone number
192.852 Prohibition
on obtaining actual address or telephone number; prohibition on disclosure by
employee of public body
192.854 Application
assistants; application assistance not legal advice
192.856 Additional
response time for notice or other paper
192.858 Disclosures
to participants
192.860 Rules
192.865 Criminal
penalty
192.868 Grants,
donations and gifts
PENALTIES
192.990 Penalties
PUBLIC RECORDS POLICY
192.001 Policy concerning public records.
(1) The Legislative Assembly finds that:
(a)
The records of the state and its political subdivisions are so interrelated and
interdependent, that the decision as to what records are retained or destroyed
is a matter of statewide public policy.
(b)
The interest and concern of citizens in public records recognizes no
jurisdictional boundaries, and extends to such records wherever they may be
found in Oregon.
(c)
As local programs become increasingly intergovernmental, the state and its
political subdivisions have a responsibility to insure orderly retention and
destruction of all public records, whether current or noncurrent, and to insure
the preservation of public records of value for administrative, legal and
research purposes.
(2)
The purpose of ORS 192.005 to 192.170 and 357.805 to 357.895 is to provide
direction for the retention or destruction of public records in Oregon in order
to assure the retention of records essential to meet the needs of the
Legislative Assembly, the state, its political subdivisions and its citizens,
in so far as the records affect the administration of government, legal rights
and responsibilities, and the accumulation of information of value for research
purposes of all kinds, and in order to assure the prompt destruction of records
without continuing value. All records not included in types described in this
subsection shall be destroyed in accordance with the rules adopted by the
Secretary of State. [1973 c.439 §1; 1991 c.671 §3]
ARCHIVING OF PUBLIC RECORDS
192.005 Definitions for ORS 192.005 to
192.170. As used in ORS 192.005 to 192.170,
unless the context requires otherwise:
(1)
“Archivist” means the State Archivist.
(2)
“Photocopy” includes a photograph, microphotograph and any other reproduction
on paper or film in any scale.
(3)
“Photocopying” means the process of reproducing, in the form of a photocopy, a
public record or writing.
(4)
“Political subdivision” means a city, county, district or any other municipal
or public corporation in this state.
(5)
“Public record”:
(a)
Means any information that:
(A)
Is prepared, owned, used or retained by a state agency or political
subdivision;
(B)
Relates to an activity, transaction or function of a state agency or political
subdivision; and
(C)
Is necessary to satisfy the fiscal, legal, administrative or historical
policies, requirements or needs of the state agency or political subdivision.
(b)
Does not include:
(A)
Records of the Legislative Assembly, its committees, officers and employees.
(B)
Library and museum materials made or acquired and preserved solely for
reference or exhibition purposes.
(C)
Records or information concerning the location of archaeological sites or
objects as those terms are defined in ORS 358.905.
(D)
Extra copies of a document, preserved only for convenience of reference.
(E)
A stock of publications.
(F)
Messages on voice mail or on other telephone message storage and retrieval
systems.
(G)
Records of the Judicial Department or its officers and employees.
(H)
Spoken communication that is not recorded.
(6)
“State agency”:
(a)
Means any state officer, department, board or commission created by the
Constitution or statutes of this state.
(b)
Does not include:
(A)
The Legislative Assembly or its committees, officers and employees; or
(B)
The Judicial Department or its officers and employees. [1961 c.160 §2; 1965
c.302 §1; 1983 c.620 §11; 1989 c.16 §1; 1999 c.55 §1; 1999 c.140 §1; 2011 c.645
§1]
192.010
[Repealed by 1973 c.794 §34]
192.015 Secretary of State as public
records administrator. The Secretary of State is the
public records administrator of this state, and it is the responsibility of the
secretary to obtain and maintain uniformity in the application, operation and
interpretation of the public records laws. [1973 c.439 §2]
192.018 Written policies on use, retention
and ownership of public records; State Archivist approval.
(1) Each state agency shall have a written policy that sets forth the agency’s
use, retention and ownership of public records. The policy shall ensure that
public records are being maintained and managed consistently within the agency
from the time of creation of a public record to the time of final disposition
of the public record.
(2)
Each state agency shall submit the written policy and any subsequent amendment
of the policy to the State Archivist for approval before the policy takes
effect or the amendment to the policy takes effect. [2011 c.645 §3]
192.020
[Repealed by 1973 c.794 §34]
192.030
[Amended by 1961 c.160 §4; repealed by 1973 c.794 §34]
192.040 Making, filing and recording
records by photocopying. A state agency or political
subdivision making public records or receiving and filing or recording public
records, may do such making or receiving and filing or recording by means of
photocopying. Such photocopying shall, except for records which are treated as
confidential pursuant to law, be made, assembled and indexed, in lieu of any
other method provided by law, in such manner as the governing body of the state
agency or political subdivision considers appropriate. [Amended by 1961 c.160 §5]
192.050 Copying records; evidentiary
effect. A state agency or political subdivision
may, with the approval of the proper budgetary authority, cause any public
records in its official custody to be photocopied or captured by digital
imaging system as in the case of original filings or recordings or recorded by
means of analog or digital audio and video tape technology. Each photocopy,
digital image and analog or digital audio and video tape shall be made in
accordance with the appropriate standard as determined by the State Archivist.
Every such reproduction shall be deemed an original; and a transcript,
exemplification or certified copy of any such reproduction shall be deemed a
transcript, exemplification or certified copy, as the case may be, of the
original. [Amended by 1961 c.160 §6; 1991 c.671 §4]
192.060 Indexing and filing copied
records. All photocopies, digital images and
analog or digital audio and video tapes made under ORS 192.040 and 192.050
shall be properly indexed and placed in conveniently accessible files. Each
roll of microfilm shall be deemed a book or volume and shall be designated and
numbered and provision shall be made for preserving, examining and using the
same. [Amended by 1961 c.160 §7; 1991 c.671 §5]
192.070 Duplicate rolls of microfilm
required; delivery to State Archivist. A duplicate
of every roll of microfilm of documents recorded pursuant to law and the
indexes therefor shall be made and kept safely. The State Archivist upon
request may, pursuant to ORS 357.865, accept for safekeeping the duplicate
microfilm. [Amended by 1961 c.160 §8]
192.072 State Archivist performing
microfilm services for public body. Upon the
request of a public body as defined by ORS 174.109, the State Archivist may
perform microfilm services for the public body. The public body shall pay the
cost of rendering the microfilm services to the State Archivist. The State
Archivist shall deposit moneys received under this section with the State
Treasurer, who shall give a receipt for the moneys. All moneys deposited under
this section are continuously appropriated for the payment of expenses incurred
by the Secretary of State in the administration of the office of the State
Archivist. [1955 c.87 §1; 1961 c.172 §3; 1973 c.439 §8; 2003 c.803 §3]
192.074 [1955
c.87 §2; repealed by 1961 c.172 §7]
192.076 [1955
c.87 §3; repealed by 1961 c.172 §7]
192.080
[Amended by 1961 c.160 §9; repealed by 1971 c.508 §4]
192.090
[Repealed by 1961 c.160 §24]
192.100
[Repealed by 1961 c.160 §24]
192.105 State Archivist authorization for
state officials to dispose of records; legislative records excepted; local
government policy on disposing of public records; limitations; records officer;
standards for State Records Center. (1) Except as
otherwise provided by law, the State Archivist may grant to public officials of
the state or any political subdivision specific or continuing authorization for
the retention or disposition of public records that are in their custody, after
the records have been in existence for a specified period of time. In granting
such authorization, the State Archivist shall consider the value of the public
records for legal, administrative or research purposes and shall establish
rules for procedure for the retention or disposition of the public records.
(2)(a)
The State Archivist shall provide instructions and forms for obtaining
authorization. Upon receipt of an authorization or upon the effective date of
the applicable rule, a state official who has public records in custody shall
destroy or otherwise dispose of those records that are older than the specified
period of retention established by the authorization or rule. An official of a
local government may destroy such records if such destruction is consistent
with the policy of the local government. No record of accounts or financial
affairs subject to audit shall be destroyed until released for destruction by
the responsible auditor or representative of the auditor. If federal funds are
involved, records retention requirements of the United States Government must
be observed. Each state agency and political subdivision shall designate a
records officer to coordinate its records management program and to serve as
liaison with the State Archivist. The county records officers for the purposes
of ORS 192.001, 192.050, 192.060, 192.105, 192.130, 357.825, 357.835 and
357.875 shall be those officers identified in ORS 205.110. The State Archivist
shall require periodic reports from records officers about records management
programs. The State Archivist may require state agency records designated as
inactive by the State Archivist to be transferred to the State Records Center,
pending the availability of space.
(b)
The State Archivist shall determine which parts of a public record are
acceptable for admission to the State Records Center and may require the state
agency or governing body to cause the unacceptable part to be removed before
the record is submitted to the State Records Center.
(3)
Authorizations granted prior to January 1, 1978, by any state agency, the State
Archivist, or any board of county commissioners, to state agencies, schools,
school districts, soil and water conservation districts, or county officials
and offices shall remain in effect until they are adopted or amended by the
State Archivist.
(4)
This section does not apply to legislative records, as defined in ORS 171.410. [1953
c.224 §1; 1961 c.160 §10; subsection (3) enacted as 1961 c.150 §5; 1971 c.508 §1;
1977 c.146 §1; 1991 c.671 §6; 1993 c.660 §1; 1999 c.59 §43; 2003 c.255 §1; 2003
c.803 §10]
192.108 Retention schedules.
Each state agency or political subdivision shall maintain a public record or
accurate copy of a public record in accordance with a retention schedule
authorized under ORS 192.018 or 192.105, without regard to the technology or
medium used to create or communicate the record. [2011 c.645 §4]
192.110
[Amended by 1961 c.160 §11; repealed by 1971 c.508 §4]
192.120
[Repealed by 1971 c.508 §4]
192.130 Disposition of valueless records
in custody of State Archivist; notice prior to disposition.
If the State Archivist determines that any public records of a state agency or
political subdivision in the official custody of the State Archivist prove to
have insufficient administrative, legal or research value to warrant permanent
preservation, the State Archivist shall submit a statement or summary thereof
to the records officer of the state agency or political subdivision, or
successor agency or body, certifying the type and nature thereof and giving
prior notification of the destruction. [Amended by 1961 c.160 §12; 1971 c.508 §2;
1991 c.671 §7]
192.140
[Amended by 1961 c.160 §13; repealed by 1977 c.146 §2]
192.150
[Amended by 1961 c.160 §14; repealed by 1977 c.146 §2]
192.160
[Amended by 1961 c.160 §15; repealed by 1977 c.146 §2]
192.170 Disposition of materials without
authorization. The destruction or other disposal of
the following materials do not require specific authorization:
(1)
Inquiries and requests from the public and answers thereto not required by law
to be preserved or not required as evidence of a public or private legal right
or liability.
(2)
Public records which are duplicates by reason of their having been photocopied.
(3)
Letters of transmittal and acknowledgment, advertising, announcements and
correspondence or notes pertaining to reservations of accommodations or
scheduling of personal visits or appearances. [Amended by 1961 c.160 §16; 1971
c.508 §3]
192.190 Consular corps credentials as
public records; duties of Secretary of State; fees.
(1) Subject to such rules as the Secretary of State may adopt, the secretary
may accept and file as a public record the credentials of a member of the
consular corps if that member’s jurisdiction includes the State of Oregon.
(2)
The Secretary of State may certify as to the official character and the
genuineness of the signature of a member of the consular corps whose
credentials have been accepted and filed under subsection (1) of this section.
(3)
Fees for the filing of credentials and the issuance of certificates under this
section shall be established by the Secretary of State pursuant to ORS 177.130.
[1983 c.232 §1]
PUBLIC REPORTS
(Standardized Form)
192.210 Definitions for ORS 192.210 and
192.220. As used in ORS 192.210 and 192.220,
unless the context requires otherwise:
(1)
“Issuing agency” means:
(a)
Every state officer, board, commission, department, institution, branch or
agency of state government whose costs are paid from public funds and includes
the Legislative Assembly, the officers and committees thereof, and the courts
and the officers and committees thereof; or
(b)
Any county, special district, school district or public or quasi-public
corporation.
(2)
“Printing” includes any form of reproducing written material.
(3)
“Report” means any report or other publication of an issuing agency that is
required by law to be submitted to the public or to a receiving agency.
(4)
“Receiving agency” means any state officer or state board, commission,
department, institution or agency or branch of government that is required by
law to receive any report from an issuing agency. If the branch of government
is the Legislative Assembly, the receiving agency is the Legislative
Administration Committee and if the branch is the judicial branch, the
receiving agency is the Supreme Court. [1969 c.456 §1; 1971 c.638 §11]
192.220 Standardized report forms;
exemptions. (1) Except where form and frequency of
reports are specified by law, every receiving agency shall prescribe by rule
standardized forms for all reports and shall fix the frequency with which
reports shall be submitted.
(2)
Receiving agencies in the executive or administrative branch of government
shall consult with the Oregon Department of Administrative Services in preparing
rules under this section.
(3)
With the consent of the Governor, a receiving agency in the executive or
administrative branch may exempt any issuing agency from the requirements
imposed under subsection (1) of this section. The Legislative Administration
Committee may exempt any issuing agency from such requirements for any report
required to be submitted to the Legislative Assembly. The Supreme Court may
exempt any issuing agency from such requirements for any report required to be
submitted to the courts. [1969 c.456 §2; 1971 c.638 §12]
(Policy; Compliance)
192.230 Definitions for ORS 192.235 to
192.245. As used in ORS 192.235 to 192.245:
(1)
“Report” means informational matter that is published as an individual document
at state expense or as required by law. “Report” does not include documents
prepared strictly for agency administrative or operational purposes.
(2)
“State agency” has the meaning given that term in ORS 192.410. [1991 c.842 §1;
2001 c.153 §1]
Note:
192.230 to 192.250 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 192 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
192.235 Policy for ORS 192.230 to 192.250.
(1) The Legislative Assembly finds that:
(a)
Many state agency reports are published for reasons that are historical and no
longer based on the public’s need to be informed.
(b)
The format of many state agency reports is not economical or well suited to providing
needed information in easily understandable form.
(c)
State agency reports containing information that is useful but not to the
general public should be placed on a self-supporting schedule.
(2)
It is the policy of the Legislative Assembly to encourage state agencies to
inform the public, the Legislative Assembly and the Governor of matters of
public interest and concern. It is further the policy of this state to
guarantee to its citizens the right to know about the activities of their
government, to benefit from the information developed by state agencies at
public expense and to enjoy equal access to the information services of state
agencies. It is further state policy to encourage agencies to consider whether
needed information is most effectively and economically presented by means of
printed reports. [1991 c.842 §2]
Note: See
note under 192.230.
192.240 Duties of state agency issuing
report. To comply with the state policy
relating to reports outlined in ORS 192.235, a state agency shall do the
following:
(1)
Use electronic communications whenever the agency determines that such use
reduces cost and still provides public access to information.
(2)
Whenever possible, use standard 8-1/2-by-11-inch paper printed on both sides of
the sheet and use recycled paper, as defined in ORS 279A.010 and rules adopted
pursuant thereto.
(3)
Insure that public documents are furnished to the State Librarian, as required
in ORS 357.090. [1991 c.842 §3; 1995 c.69 §10; 2003 c.794 §212]
Note: See
note under 192.230.
192.243 Availability of report on
Internet; rules. (1) In accordance with rules
adopted by the Oregon Department of Administrative Services and to reduce the
amount of paper used by state agencies, by June 30, 2005, each state agency
shall make available on the Internet any report that the state agency is
required by law to publish. If a statute or rule requires a state agency to
issue a printed report, that requirement is satisfied if the state agency makes
the report available on the Internet. A state agency may issue printed copies
of a report upon request.
(2)
The Oregon Department of Administrative Services shall adopt rules in
accordance with subsection (1) of this section requiring each state agency to
make available on the Internet any report that the state agency is required by
law to publish.
(3)
This section may not be construed to require the disclosure of a public record
that is exempt from disclosure under ORS 192.410 to 192.505 or other law. [2001
c.153 §3]
Note: See
note under 192.230.
192.245 Form of report to legislature.
(1) Whenever a law of this state requires a written report be submitted to the
Legislative Assembly, the requirement shall be met by distribution of an
executive summary of no more than two pages sent to every member of the
Legislative Assembly by electronic mail and one copy of the report to the
Legislative Administrator. This requirement does not preclude providing a copy
of any report to a specific legislative committee if required by law. The
requirements of this subsection are not met if the executive summary is
distributed to members of the Legislative Assembly in paper format.
(2)
The executive summary described in subsection (1) of this section shall include
an explanation of how a member of the Legislative Assembly may obtain a copy of
the report. If the report is also available on the Internet, the executive
summary shall include the online location of the report.
(3)
Notwithstanding subsection (1) of this section, if a member of the Legislative
Assembly requests a paper copy of a report or executive summary, the agency or
other entity responsible for submitting the report or executive summary to the
Legislative Assembly shall supply a paper copy of the report or executive
summary to the member. [1991 c.842 §4; 2009 c.416 §1; 2011 c.380 §1]
Note: See
note under 192.230.
192.250 Director of Oregon Department of
Administrative Services to report to legislature on ORS 192.230 to 192.250.
The Director of the Oregon Department of Administrative Services shall report
to the Legislative Assembly by appearing at least once during each biennium
before the appropriate interim committees designated by the Speaker of the
House of Representatives and the President of the Senate. The director shall
testify as to the effectiveness of ORS 171.206, 192.230 to 192.250 and 292.956,
including any cost savings realized or projected and any recommendations for
further legislative action. [1991 c.842 §5; 2003 c.803 §4]
Note: See
note under 192.230.
(Distribution)
192.270 Definitions for ORS 192.270 and
192.275. As used in ORS 192.270 and 192.275:
(1)
“Public” does not include any state officer or board, commission, committee,
department, institution, branch or agency of state government to which a report
is specifically required by law to be submitted but does include any such to
which a copy is sent for general informational purposes or as a courtesy.
(2)
“Report” means informational matter published as a report or other document by
a state agency but does not include an order as defined in ORS 183.310.
(3)
“State agency” means any state officer or board, commission, department,
institution or agency of the executive, administrative or legislative branches
of state government. [1993 c.181 §1]
Note:
192.270 and 192.275 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 192 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
192.275 Notice when report required;
content; effect. Notwithstanding ORS 192.230 to
192.245, if any state or federal law requires a state agency to send, mail or
submit a report to the public, the state agency may meet this requirement by
mailing notice of the report to the public. The notice shall state that if the
recipient returns an attached or enclosed postcard to the state agency, the
state agency will supply a copy of the report. The postcard may contain a
checkoff to indicate whether the person wants to continue receiving a copy of complete
reports. [1993 c.181 §2]
Note: See
note under 192.270.
RECORDS AND REPORTS IN ENGLISH
192.310 Records and reports required by
law to be in English. (1) With the exception of
physicians’ prescriptions, all records, reports and proceedings required to be
kept by law shall be in the English language or in a machine language capable
of being converted to the English language by a data processing device or
computer.
(2)
Violation of this section is a Class C misdemeanor. [1971 c.743 §294]
PUBLIC SAFETY INVESTIGATION RECORDS
192.405 Prohibition on disclosure of
certain public safety officer investigation records; exceptions.
(1) As used in this section:
(a)
“Law enforcement unit” has the meaning given that term in ORS 181.610.
(b)
“Public body” has the meaning given that term in ORS 192.410.
(c)
“Public safety officer” has the meaning given that term in ORS 181.610.
(2)
A public body may not disclose audio or video records of internal investigation
interviews of public safety officers.
(3)
Subsection (2) of this section does not prohibit disclosure of the records
described in subsection (2) of this section to:
(a)
A law enforcement unit for purposes of the investigation;
(b)
An attorney representing a public safety officer who is the subject of the
investigation;
(c)
The Department of Public Safety Standards and Training as required by ORS
181.675;
(d)
A district attorney, as defined in ORS 131.005;
(e)
A public safety officer who is the subject of the investigation;
(f)
An attorney for a defendant in a criminal proceeding related to the
investigation, for use in preparation for the criminal proceeding;
(g)
A labor organization, as defined in ORS 243.650, for use in an action by an
employer against a member of the labor organization for the purpose of
punishing the member;
(h)
A public body responsible for civilian oversight or a citizen review body
designated by the public body for the purposes of fulfilling the investigative
and oversight functions of the body;
(i)
A federal law enforcement agency for purposes of the investigation; or
(j)
The Attorney General.
(4)
The disclosure of records under subsection (3) of this section does not make
the records subject to further disclosure. [2011 c.485 §1]
Note:
192.405 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 192 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
INSPECTION OF PUBLIC RECORDS
192.410 Definitions for ORS 192.410 to
192.505. As used in ORS 192.410 to 192.505:
(1)
“Custodian” means:
(a)
The person described in ORS 7.110 for purposes of court records; or
(b)
A public body mandated, directly or indirectly, to create, maintain, care for
or control a public record. “Custodian” does not include a public body that has
custody of a public record as an agent of another public body that is the
custodian unless the public record is not otherwise available.
(2)
“Person” includes any natural person, corporation, partnership, firm,
association or member or committee of the Legislative Assembly.
(3)
“Public body” includes every state officer, agency, department, division,
bureau, board and commission; every county and city governing body, school
district, special district, municipal corporation, and any board, department,
commission, council, or agency thereof; and any other public agency of this
state.
(4)(a)
“Public record” includes any writing that contains information relating to the
conduct of the public’s business, including but not limited to court records,
mortgages, and deed records, prepared, owned, used or retained by a public body
regardless of physical form or characteristics.
(b)
“Public record” does not include any writing that does not relate to the
conduct of the public’s business and that is contained on a privately owned
computer.
(5)
“State agency” means any state officer, department, board, commission or court
created by the Constitution or statutes of this state but does not include the
Legislative Assembly or its members, committees, officers or employees insofar
as they are exempt under section 9, Article IV of the Oregon Constitution.
(6)
“Writing” means handwriting, typewriting, printing, photographing and every
means of recording, including letters, words, pictures, sounds, or symbols, or
combination thereof, and all papers, maps, files, facsimiles or electronic
recordings. [1973 c.794 §2; 1989 c.377 §1; 1993 c.787 §4; 2001 c.237 §1; 2005
c.659 §4]
192.420 Right to inspect public records;
notice to public body attorney. (1) Every
person has a right to inspect any public record of a public body in this state,
except as otherwise expressly provided by ORS 192.501 to 192.505.
(2)(a)
If a person who is a party to a civil judicial proceeding to which a public
body is a party, or who has filed a notice under ORS 30.275 (5)(a), asks to
inspect or to receive a copy of a public record that the person knows relates
to the proceeding or notice, the person must submit the request in writing to
the custodian and, at the same time, to the attorney for the public body.
(b)
For purposes of this subsection:
(A)
The attorney for a state agency is the Attorney General in Salem.
(B)
“Person” includes a representative or agent of the person. [1973 c.794 §3; 1999
c.574 §1; 2003 c.403 §1]
192.423 Condensation of public record
subject to disclosure; petition to review denial of right to inspect public
record; adequacy of condensation. (1) When a
public record is subject to disclosure under ORS 192.502 (9)(b), in lieu of
making the public record available for inspection by providing a copy of the
record, the public body may prepare and release a condensation from the record
of the significant facts that are not otherwise exempt from disclosure under
ORS 192.410 to 192.505. The release of the condensation does not waive any
privilege under ORS 40.225 to 40.295.
(2)
The person seeking to inspect or receive a copy of any public record for which
a condensation of facts has been provided under this section may petition for review
of the denial to inspect or receive a copy of the records under ORS 192.410 to
192.505. In such a review, the Attorney General, district attorney or court
shall, in addition to reviewing the records to which access was denied, compare
those records to the condensation to determine whether the condensation
adequately describes the significant facts contained in the records. [2007
c.513 §2]
Note:
192.423 was added to and made a part of 192.410 to 192.505 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
192.430 Functions of custodian of public
records; rules. (1) The custodian of any public
records, including public records maintained in machine readable or electronic
form, unless otherwise expressly provided by statute, shall furnish proper and
reasonable opportunities for inspection and examination of the records in the
office of the custodian and reasonable facilities for making memoranda or
abstracts therefrom, during the usual business hours, to all persons having
occasion to make examination of them. If the public record is maintained in
machine readable or electronic form, the custodian shall furnish proper and
reasonable opportunity to assure access.
(2)
The custodian of the records may adopt reasonable rules necessary for the
protection of the records and to prevent interference with the regular
discharge of duties of the custodian. [1973 c.794 §4; 1989 c.546 §1]
192.440 Copies or inspection of public
records; written response by public body; fees; waiver or reduction; procedure
for records requests. (1) The custodian of any public
record that a person has a right to inspect shall give the person, upon
request:
(a)
A copy of the public record if the public record is of a nature permitting
copying; or
(b)
A reasonable opportunity to inspect or copy the public record.
(2)
If a person makes a written request to inspect a public record or to receive a
copy of a public record, the public body receiving the request shall respond as
soon as practicable and without unreasonable delay. The public body may request
additional information or clarification from the requester for the purpose of
expediting the public body’s response to the request. The response of the public
body must acknowledge receipt of the request and must include one of the
following:
(a)
A statement that the public body does not possess, or is not the custodian of,
the public record.
(b)
Copies of all requested public records for which the public body does not claim
an exemption from disclosure under ORS 192.410 to 192.505.
(c)
A statement that the public body is the custodian of at least some of the
requested public records, an estimate of the time the public body requires
before the public records may be inspected or copies of the records will be
provided and an estimate of the fees that the requester must pay under
subsection (4) of this section as a condition of receiving the public records.
(d)
A statement that the public body is the custodian of at least some of the
requested public records and that an estimate of the time and fees for
disclosure of the public records will be provided by the public body within a
reasonable time.
(e)
A statement that the public body is uncertain whether the public body possesses
the public record and that the public body will search for the record and make
an appropriate response as soon as practicable.
(f)
A statement that state or federal law prohibits the public body from
acknowledging whether the record exists or that acknowledging whether the
record exists would result in the loss of federal benefits or other sanction. A
statement under this paragraph must include a citation to the state or federal
law relied upon by the public body.
(3)
If the public record is maintained in a machine readable or electronic form,
the custodian shall provide a copy of the public record in the form requested,
if available. If the public record is not available in the form requested, the
custodian shall make the public record available in the form in which the
custodian maintains the public record.
(4)(a)
The public body may establish fees reasonably calculated to reimburse the
public body for the public body’s actual cost of making public records
available, including costs for summarizing, compiling or tailoring the public
records, either in organization or media, to meet the person’s request.
(b)
The public body may include in a fee established under paragraph (a) of this
subsection the cost of time spent by an attorney for the public body in
reviewing the public records, redacting material from the public records or
segregating the public records into exempt and nonexempt records. The public
body may not include in a fee established under paragraph (a) of this
subsection the cost of time spent by an attorney for the public body in
determining the application of the provisions of ORS 192.410 to 192.505.
(c)
The public body may not establish a fee greater than $25 under this section
unless the public body first provides the requestor with a written notification
of the estimated amount of the fee and the requestor confirms that the
requestor wants the public body to proceed with making the public record
available.
(d)
Notwithstanding paragraphs (a) to (c) of this subsection, when the public
records are those filed with the Secretary of State under ORS chapter 79 or ORS
80.100 to 80.130, the fees for furnishing copies, summaries or compilations of
the public records are those established by the Secretary of State by rule, under
ORS chapter 79 or ORS 80.100 to 80.130.
(5)
The custodian of any public record may furnish copies without charge or at a
substantially reduced fee if the custodian determines that the waiver or
reduction of fees is in the public interest because making the record available
primarily benefits the general public.
(6)
A person who believes that there has been an unreasonable denial of a fee
waiver or fee reduction may petition the Attorney General or the district
attorney in the same manner as a person petitions when inspection of a public
record is denied under ORS 192.410 to 192.505. The Attorney General, the
district attorney and the court have the same authority in instances when a fee
waiver or reduction is denied as it has when inspection of a public record is
denied.
(7)
A public body shall make available to the public a written procedure for making
public record requests that includes:
(a)
The name of one or more persons to whom public record requests may be sent,
with addresses; and
(b)
The amounts of and the manner of calculating fees that the public body charges
for responding to requests for public records.
(8)
This section does not apply to signatures of individuals submitted under ORS
chapter 247 for purposes of registering to vote as provided in ORS 247.973. [1973
c.794 §5; 1979 c.548 §4; 1989 c.111 §12; 1989 c.377 §2; 1989 c.546 §2; 1999
c.824 §5; 2001 c.445 §168; 2005 c.272 §1; 2007 c.467 §1]
192.445 Nondisclosure on request of home
address, home telephone number and electronic mail address; rules of procedure;
duration of effect of request; liability; when not applicable.
(1) An individual may submit a written request to a public body not to disclose
a specified public record indicating the home address, personal telephone
number or electronic mail address of the individual. A public body 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, 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, telephone number or electronic mail address of
the individual would constitute a danger to personal safety. 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, 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 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, 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 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, 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. [1993 c.787 §5;
1995 c.742 §12; 2003 c.807 §1]
Note:
192.445 was added to and made a part of 192.410 to 192.505 by legislative
action but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
192.447 Nondisclosure of public employee
identification badge or card. (1) As used
in this section, “public body” has the meaning given that term in ORS 174.109.
(2)
A public body may not disclose the identification badge or card of an employee
of the public body without the written consent of the employee if:
(a)
The badge or card contains the photograph of the employee; and
(b)
The badge or card was prepared solely for internal use by the public body to
identify employees of the public body.
(3)
The public body may not disclose a duplicate of the photograph used on the
badge or card. [2003 c.282 §1]
Note:
192.447 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 192 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
192.450 Petition to review denial of right
to inspect state public record; appeal from decision of Attorney General
denying inspection; records of health professional regulatory boards.
(1) Subject to ORS 192.480 and subsection (4) of this section, any person
denied the right to inspect or to receive a copy of any public record of a
state agency may petition the Attorney General to review the public record to
determine if it may be withheld from public inspection. Except as provided in
subsection (5) of this section, the burden is on the agency to sustain its
action. Except as provided in subsection (5) of this section, the Attorney
General shall issue an order denying or granting the petition, or denying it in
part and granting it in part, within seven days from the day the Attorney
General receives the petition.
(2)
If the Attorney General grants the petition and orders the state agency to disclose
the record, or if the Attorney General grants the petition in part and orders
the state agency to disclose a portion of the record, the state agency shall
comply with the order in full within seven days after issuance of the order,
unless within the seven-day period it issues a notice of its intention to
institute proceedings for injunctive or declaratory relief in the Circuit Court
for Marion County or, as provided in subsection (6) of this section, in the
circuit court of the county where the record is held. Copies of the notice
shall be sent to the Attorney General and by certified mail to the petitioner
at the address shown on the petition. The state agency shall institute the
proceedings within seven days after it issues its notice of intention to do so.
If the Attorney General denies the petition in whole or in part, or if the
state agency continues to withhold the record or a part of it notwithstanding
an order to disclose by the Attorney General, the person seeking disclosure may
institute such proceedings.
(3)
The Attorney General shall serve as counsel for the state agency in a suit
filed under subsection (2) of this section if the suit arises out of a
determination by the Attorney General that the public record should not be
disclosed, or that a part of the public record should not be disclosed if the
state agency has fully complied with the order of the Attorney General
requiring disclosure of another part or parts of the public record, and in no
other case. In any case in which the Attorney General is prohibited from
serving as counsel for the state agency, the agency may retain special counsel.
(4)
A person denied the right to inspect or to receive a copy of any public record
of a health professional regulatory board, as defined in ORS 676.160, that
contains information concerning a licensee or applicant, and petitioning the
Attorney General to review the public record shall, on or before the date of
filing the petition with the Attorney General, send a copy of the petition by
first class mail to the health professional regulatory board. Not more than 48
hours after the board receives a copy of the petition, the board shall send a
copy of the petition by first class mail to the licensee or applicant who is
the subject of any record for which disclosure is sought. When sending a copy
of the petition to the licensee or applicant, the board shall include a notice
informing the licensee or applicant that a written response by the licensee or
applicant may be filed with the Attorney General not later than seven days
after the date that the notice was sent by the board. Immediately upon receipt
of any written response from the licensee or applicant, the Attorney General
shall send a copy of the response to the petitioner by first class mail.
(5)
The person seeking disclosure of a public record of a health professional
regulatory board, as defined in ORS 676.160, that is confidential or exempt
from disclosure under ORS 676.165 or 676.175, shall have the burden of
demonstrating to the Attorney General by clear and convincing evidence that the
public interest in disclosure outweighs other interests in nondisclosure,
including but not limited to the public interest in nondisclosure. The Attorney
General shall issue an order denying or granting the petition, or denying or
granting it in part, not later than the 15th day following the day that the
Attorney General receives the petition. A copy of the Attorney General’s order
granting a petition or part of a petition shall be served by first class mail
on the health professional regulatory board, the petitioner and the licensee or
applicant who is the subject of any record ordered to be disclosed. The health
professional regulatory board shall not disclose any record prior to the
seventh day following the service of the Attorney General’s order on a licensee
or applicant entitled to receive notice under this subsection.
(6)
If the Attorney General grants or denies the petition for a record of a health
professional regulatory board, as defined in ORS 676.160, that contains
information concerning a licensee or applicant, the board, a person denied the
right to inspect or receive a copy of the record or the licensee or applicant
who is the subject of the record may institute proceedings for injunctive or
declaratory relief in the circuit court for the county where the public record
is held. The party seeking disclosure of the record shall have the burden of
demonstrating by clear and convincing evidence that the public interest in
disclosure outweighs other interests in nondisclosure, including but not
limited to the public interest in nondisclosure.
(7)
The Attorney General may comply with a request of a health professional
regulatory board to be represented by independent counsel in any proceeding
under subsection (6) of this section. [1973 c.794 §6; 1975 c.308 §2; 1997 c.791
§8; 1999 c.751 §4]
192.460 Procedure to review denial of
right to inspect other public records; effect of disclosure.
(1) ORS 192.450 applies to the case of a person denied the right to inspect or
to receive a copy of any public record of a public body other than a state
agency, except that:
(a)
The district attorney of the county in which the public body is located, or if
it is located in more than one county the district attorney of the county in
which the administrative offices of the public body are located, shall carry
out the functions of the Attorney General;
(b)
Any suit filed must be filed in the circuit court for the county described in
paragraph (a) of this subsection; and
(c)
The district attorney may not serve as counsel for the public body, in the
cases permitted under ORS 192.450 (3), unless the district attorney ordinarily
serves as counsel for the public body.
(2)
Disclosure of a record to the district attorney in compliance with subsection
(1) of this section does not waive any privilege or claim of privilege
regarding the record or its contents.
(3)
Disclosure of a record or part of a record as ordered by the district attorney
is a compelled disclosure for purposes of ORS 40.285. [1973 c.794 §7; 2007
c.513 §4]
192.465 Effect of failure of Attorney
General, district attorney or elected official to take timely action on
inspection petition. (1) The failure of the Attorney
General or district attorney to issue an order under ORS 192.450 or 192.460
denying, granting, or denying in part and granting in part a petition to
require disclosure within seven days from the day of receipt of the petition
shall be treated as an order denying the petition for the purpose of determining
whether a person may institute proceedings for injunctive or declaratory relief
under ORS 192.450 or 192.460.
(2)
The failure of an elected official to deny, grant, or deny in part and grant in
part a request to inspect or receive a copy of a public record within seven
days from the day of receipt of the request shall be treated as a denial of the
request for the purpose of determining whether a person may institute
proceedings for injunctive or declaratory relief under ORS 192.450 or 192.460. [1975
c.308 §5]
192.470 Petition form; procedure when
petition received. (1) A petition to the Attorney
General or district attorney requesting the Attorney General or district
attorney to order a public record to be made available for inspection or to be
produced shall be in substantially the following form, or in a form containing
the same information:
______________________________________________________________________________
______
(date)
I
(we), ____________(name(s)), the undersigned, request the Attorney General (or
District Attorney of ______ County) to order ______ (name of governmental body)
and its employees to (make available for inspection) (produce a copy or copies
of) the following records:
1.____________________
(Name
or description of record)
2.____________________
(Name
or description of record)
I
(we) asked to inspect and/or copy these records on ______ (date) at ______
(address). The request was denied by the following person(s):
1.____________________
(Name
of public officer or employee; title or position, if known)
2.____________________
(Name
of public officer or employee; title or position, if known)
______________________
(Signature(s))
______________________________________________________________________________
This form should be delivered or mailed
to the Attorney General’s office in Salem, or the district attorney’s office in
the county courthouse.
(2)
Promptly upon receipt of such a petition, the Attorney General or district
attorney shall notify the public body involved. The public body shall thereupon
transmit the public record disclosure of which is sought, or a copy, to the
Attorney General, together with a statement of its reasons for believing that
the public record should not be disclosed. In an appropriate case, with the
consent of the Attorney General, the public body may instead disclose the
nature or substance of the public record to the Attorney General. [1973 c.794 §10]
192.480 Procedure to review denial by
elected official of right to inspect public records.
In any case in which a person is denied the right to inspect or to receive a
copy of a public record in the custody of an elected official, or in the
custody of any other person but as to which an elected official claims the
right to withhold disclosure, no petition to require disclosure may be filed
with the Attorney General or district attorney, or if a petition is filed it
shall not be considered by the Attorney General or district attorney after a
claim of right to withhold disclosure by an elected official. In such case a
person denied the right to inspect or to receive a copy of a public record may
institute proceedings for injunctive or declaratory relief in the appropriate
circuit court, as specified in ORS 192.450 or 192.460, and the Attorney General
or district attorney may upon request serve or decline to serve, in the
discretion of the Attorney General or district attorney, as counsel in such
suit for an elected official for which the Attorney General or district
attorney ordinarily serves as counsel. Nothing in this section shall preclude
an elected official from requesting advice from the Attorney General or a
district attorney as to whether a public record should be disclosed. [1973
c.794 §8]
192.490 Court authority in reviewing action
denying right to inspect public records; docketing; costs and attorney fees.
(1) In any suit filed under ORS 192.450, 192.460, 192.470 or 192.480, the court
has jurisdiction to enjoin the public body from withholding records and to
order the production of any records improperly withheld from the person seeking
disclosure. The court shall determine the matter de novo and the burden is on
the public body to sustain its action. The court, on its own motion, may view
the documents in controversy in camera before reaching a decision. Any
noncompliance with the order of the court may be punished as contempt of court.
(2)
Except as to causes the court considers of greater importance, proceedings
arising under ORS 192.450, 192.460, 192.470 or 192.480 take precedence on the
docket over all other causes and shall be assigned for hearing and trial at the
earliest practicable date and expedited in every way.
(3)
If a person seeking the right to inspect or to receive a copy of a public
record prevails in the suit, the person shall be awarded costs and
disbursements and reasonable attorney fees at trial and on appeal. If the
person prevails in part, the court may in its discretion award the person costs
and disbursements and reasonable attorney fees at trial and on appeal, or an
appropriate portion thereof. If the state agency failed to comply with the
Attorney General’s order in full and did not issue a notice of intention to
institute proceedings pursuant to ORS 192.450 (2) within seven days after
issuance of the order, or did not institute the proceedings within seven days
after issuance of the notice, the petitioner shall be awarded costs of suit at
the trial level and reasonable attorney fees regardless of which party
instituted the suit and regardless of which party prevailed therein. [1973
c.794 §9; 1975 c.308 §3; 1981 c.897 §40]
192.493 Health services costs.
A record of an agency of the executive department as defined in ORS 174.112
that contains the following information is a public record subject to
inspection under ORS 192.420 and is not exempt from disclosure under ORS
192.501 or 192.502 except to the extent that the record discloses information
about an individual’s health or is proprietary to a person:
(1)
The amounts determined by an independent actuary retained by the agency to
cover the costs of providing each of the following health services under ORS
414.631, 414.651 and 414.688 to 414.750 for the six months preceding the
report:
(a)
Inpatient hospital services;
(b)
Outpatient hospital services;
(c)
Laboratory and X-ray services;
(d)
Physician and other licensed practitioner services;
(e)
Prescription drugs;
(f)
Dental services;
(g)
Vision services;
(h)
Mental health services;
(i)
Chemical dependency services;
(j)
Durable medical equipment and supplies; and
(k)
Other health services provided under a coordinated care organization contract
under ORS 414.651 or a contract with a prepaid managed care health services
organization;
(2)
The amounts the agency and each contractor have paid under each coordinated
care organization contract under ORS 414.651 or prepaid managed care health
services organization contract for administrative costs and the provision of
each of the health services described in subsection (1) of this section for the
six months preceding the report;
(3)
Any adjustments made to the amounts reported under this section to account for
geographic or other differences in providing the health services; and
(4)
The numbers of individuals served under each coordinated care organization
contract or prepaid managed care health services organization contract, listed
by category of individual. [2003 c.803 §27; 2011 c.602 §33]
Note:
192.493 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 192 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
192.495 Inspection of records more than 25
years old. Notwithstanding ORS 192.501 to 192.505
and except as otherwise provided in ORS 192.496, public records that are more
than 25 years old shall be available for inspection. [1979 c.301 §2]
192.496 Medical records; sealed records;
records of individual in custody or under supervision; student records.
The following public records are exempt from disclosure:
(1)
Records less than 75 years old which contain information about the physical or
mental health or psychiatric care or treatment of a living individual, if the
public disclosure thereof would constitute an unreasonable invasion of privacy.
The party seeking disclosure shall have the burden of showing by clear and
convincing evidence that the public interest requires disclosure in the
particular instance and that public disclosure would not constitute an
unreasonable invasion of privacy.
(2)
Records less than 75 years old which were sealed in compliance with statute or
by court order. Such records may be disclosed upon order of a court of
competent jurisdiction or as otherwise provided by law.
(3)
Records of a person who is or has been in the custody or under the lawful
supervision of a state agency, a court or a unit of local government, are
exempt from disclosure for a period of 25 years after termination of such
custody or supervision to the extent that disclosure thereof would interfere with
the rehabilitation of the person if the public interest in confidentiality
clearly outweighs the public interest in disclosure. Nothing in this
subsection, however, shall be construed as prohibiting disclosure of the fact
that a person is in custody.
(4)
Student records required by state or federal law to be exempt from disclosure. [1979
c.301 §3]
192.500 [1973
c.794 §11; 1975 c.308 §1; 1975 c.582 §150; 1975 c.606 §41a; 1977 c.107 §1; 1977
c.587 §1; 1977 c.793 §5a; 1979 c.190 §400; 1981 c.107 §1; 1981 c.139 §8; 1981
c.187 §1; 1981 c.892 §92; 1981 c.905 §7; 1983 c.17 §29; 1983 c.198 §1; 1983
c.338 §902; 1983 c.617 §3; 1983 c.620 §12; 1983 c.703 §8; 1983 c.709 §42; 1983
c.717 §30; 1983 c.740 §46; 1983 c.830 §9; 1985 c.413 §1; 1985 c.602 §13; 1985
c.657 §1; 1985 c.762 §179a; 1985 c.813 §1; 1987 c.94 §100; 1987 c.109 §3; 1987
c.320 §145; 1987 c.373 §23; 1987 c.520 §12; 1987 c.610 §24; 1987 c.731 §2; 1987
c.839 §1; 1987 c.898 §26; repealed by 1987 c.764 §1 (192.501, 192.502 and
192.505 enacted in lieu of 192.500)]
192.501 Public records conditionally
exempt from disclosure. 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 or used by a public body, if public disclosure of the plans would
endanger an individual’s life or physical safety or jeopardize a law
enforcement activity.
(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 759.390, 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 759.390, 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, or to an urban renewal agency as defined
in ORS 457.010, 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;
(b)
Identify those areas of structural or operational vulnerability that would
permit unlawful disruption to, or interference with, services; 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 or otherwise identify security
measures, or weaknesses or potential weaknesses in security measures, taken or
recommended to be taken to protect:
(a)
An individual;
(b)
Buildings or other property;
(c)
Information processing, communication or telecommunication systems, including
the information contained in the systems; 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)
Personal information held by or under the direction of officials of the Oregon
Health and Science University or the Oregon University System about a person
who has or who is interested in donating money or property to the university,
the system or a public university listed in ORS 352.002, 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.
(25)
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)
Records of the name and address of a person who files a report with or pays an
assessment to a commodity commission established under ORS 576.051 to 576.455,
the Oregon Beef Council created under ORS 577.210 or the Oregon Wheat
Commission created under ORS 578.030.
(27)
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.
(28)
Social Security numbers as provided in ORS 107.840.
(29)
The electronic mail address of a student who attends a public university listed
in ORS 352.002 or Oregon Health and Science University.
(30)
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. This subsection does not apply to Oregon Health and Science University
press releases, websites or other publications circulated to the general
public.
(31)
If requested by a public safety officer, as defined in ORS 181.610:
(a)
The home address and home telephone number of the public safety officer
contained in the voter registration records for the public safety officer.
(b)
The home address and home telephone number of the public safety officer
contained in records of the Department of Public Safety Standards and Training.
(c)
The name of the public safety officer contained in county real property
assessment or taxation records. This exemption:
(A)
Applies only to the name of the public safety officer and any other owner of
the property in connection with a specific property identified by the officer
in a request for exemption from disclosure;
(B)
Applies only to records that may be made immediately available to the public
upon request in person, by telephone or using the Internet;
(C)
Applies until the public safety officer requests termination of the exemption;
(D)
Does not apply to disclosure of records among public bodies as defined in ORS
174.109 for governmental purposes; and
(E)
May not result in liability for the county if the name of the public safety
officer is disclosed after a request for exemption from disclosure is made
under this subsection.
(32)
Unless the public records request is made by a financial institution, as
defined in ORS 706.008, consumer finance company licensed under ORS chapter
725, mortgage banker or mortgage broker licensed under ORS 86A.095 to 86A.198,
or title company for business purposes, records described in paragraph (a) of
this subsection, if the exemption from disclosure of the records is sought by
an individual described in paragraph (b) of this subsection using the procedure
described in paragraph (c) of this subsection:
(a)
The home address, home or cellular telephone number or personal electronic mail
address contained in the records of any public body that has received the
request that is set forth in:
(A)
A warranty deed, deed of trust, mortgage, lien, deed of reconveyance,
release, satisfaction, substitution of trustee, easement, dog license, marriage
license or military discharge record that is in the possession of the county
clerk; or
(B)
Any public record of a public body other than the county clerk.
(b)
The individual claiming the exemption from disclosure must be a district
attorney, a deputy district attorney, the Attorney General or an assistant
attorney general, the United States Attorney for the District of Oregon or an
assistant United States attorney for the District of Oregon, a city attorney
who engages in the prosecution of criminal matters or a deputy city attorney
who engages in the prosecution of criminal matters.
(c)
The individual claiming the exemption from disclosure must do so by filing the
claim in writing with the public body for which the exemption from disclosure
is being claimed on a form prescribed by the public body. Unless the claim is
filed with the county clerk, the claim form shall list the public records in
the possession of the public body to which the exemption applies. The exemption
applies until the individual claiming the exemption requests termination of the
exemption or ceases to qualify for the exemption.
(33)
Land management plans required for voluntary stewardship agreements entered
into under ORS 541.423.
(34)
Sensitive business records or financial or commercial information of the State
Accident Insurance Fund Corporation that is not customarily provided to
business competitors. This exemption does not:
(a)
Apply to the formulas for determining dividends to be paid to employers insured
by the State Accident Insurance Fund Corporation;
(b)
Apply to contracts for advertising, public relations or lobbying services or to
documents related to the formation of such contracts;
(c)
Apply to group insurance contracts or to documents relating to the formation of
such contracts, except that employer account records shall remain exempt from
disclosure as provided in ORS 192.502 (35); or
(d)
Provide the basis for opposing the discovery of documents in litigation
pursuant to the applicable rules of civil procedure.
(35)
Records of the Department of Public Safety Standards and Training relating to
investigations conducted under ORS 181.662 or 181.878 (6), until the department
issues the report described in ORS 181.662 or 181.878.
(36)
A medical examiner’s report, autopsy report or laboratory test report ordered
by a medical examiner under ORS 146.117.
(37)
Any document or other information related to an audit of a public body, as
defined in ORS 174.109, that is in the custody of an auditor or audit
organization operating under nationally recognized government auditing
standards, until the auditor or audit organization issues a final audit report
in accordance with those standards or the audit is abandoned. This exemption
does not prohibit disclosure of a draft audit report that is provided to the
audited entity for the entity’s response to the audit findings. [1987 c.373 §§23c,23d;
1987 c.764 §2 (enacted in lieu of 192.500); 1989 c.70 §1; 1989 c.171 §26; 1989
c.967 §§11,13; 1989 c.1083 §10; 1991 c.636 §§1,2; 1991 c.678 §§1,2; 1993 c.616 §§4,5;
1993 c.787 §§1,2; 1995 c.604 §§2,3; 1999 c.155 §3; 1999 c.169 §§1,2; 1999 c.234
§§1,2; 1999 c.291 §§21,22; 1999 c.380 §§1,2; 1999 c.1093 §§3,4; 2001 c.104 §66;
2001 c.621 §85; 2001 c.915 §1; 2003 c.217 §1; 2003 c.380 §2; 2003 c.524 §1;
2003 c.604 §98; 2003 c.674 §26; 2003 c.803 §12; 2003 c.807 §§2,3; 2005 c.203 §§1,2;
2005 c.232 §§33,34; 2005 c.455 §1; 2007 c.608 §6; 2007 c.687 §1; 2008 c.48 §1;
2009 c.57 §2; 2009 c.135 §1; 2009 c.222 §2; 2009 c.769 §1; 2011 c.9 §14; 2011
c.285 §1; 2011 c.637 §68]
Note: The
amendments to 192.501 by section 3, chapter 455, Oregon Laws 2005, become
operative January 2, 2016. See section 4, chapter 455, Oregon Laws 2005, as
amended by section 1, chapter 719, Oregon Laws 2009, section 8, chapter 9,
Oregon Laws 2011, and section 1, chapter 160, Oregon Laws 2011. The text that
is operative on and after January 2, 2016, including amendments by section 7,
chapter 608, Oregon Laws 2007, section 2, chapter 687, Oregon Laws 2007,
section 2, chapter 48, Oregon Laws 2008, section 3, chapter 57, Oregon Laws
2009, section 2, chapter 135, Oregon Laws 2009, section 4, chapter 222, Oregon
Laws 2009, section 2, chapter 769, Oregon Laws 2009, section 15, chapter 9,
Oregon Laws 2011, section 2, chapter 285, Oregon Laws 2011, and section 69,
chapter 637, Oregon Laws 2011, is set forth for the user’s convenience.
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 or used by a public body, if public disclosure of the plans would
endanger an individual’s life or physical safety or jeopardize a law
enforcement activity.
(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 759.390, 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 759.390, 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, or to an urban renewal agency as defined
in ORS 457.010, 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;
(b)
Identify those areas of structural or operational vulnerability that would
permit unlawful disruption to, or interference with, services; 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 or otherwise identify security
measures, or weaknesses or potential weaknesses in security measures, taken or
recommended to be taken to protect:
(a)
An individual;
(b)
Buildings or other property;
(c)
Information processing, communication or telecommunication systems, including
the information contained in the systems; 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)
Personal information held by or under the direction of officials of the Oregon
Health and Science University or the Oregon University System about a person
who has or who is interested in donating money or property to the university,
the system or a public university listed in ORS 352.002, 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.
(25)
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)
Records of the name and address of a person who files a report with or pays an
assessment to a commodity commission established under ORS 576.051 to 576.455,
the Oregon Beef Council created under ORS 577.210 or the Oregon Wheat
Commission created under ORS 578.030.
(27)
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.
(28)
Social Security numbers as provided in ORS 107.840.
(29)
The electronic mail address of a student who attends a public university listed
in ORS 352.002 or Oregon Health and Science University.
(30)
If requested by a public safety officer, as defined in ORS 181.610:
(a)
The home address and home telephone number of the public safety officer
contained in the voter registration records for the public safety officer.
(b)
The home address and home telephone number of the public safety officer
contained in records of the Department of Public Safety Standards and Training.
(c)
The name of the public safety officer contained in county real property
assessment or taxation records. This exemption:
(A)
Applies only to the name of the public safety officer and any other owner of
the property in connection with a specific property identified by the officer
in a request for exemption from disclosure;
(B)
Applies only to records that may be made immediately available to the public
upon request in person, by telephone or using the Internet;
(C)
Applies until the public safety officer requests termination of the exemption;
(D)
Does not apply to disclosure of records among public bodies as defined in ORS
174.109 for governmental purposes; and
(E)
May not result in liability for the county if the name of the public safety
officer is disclosed after a request for exemption from disclosure is made
under this subsection.
(31)
Unless the public records request is made by a financial institution, as
defined in ORS 706.008, consumer finance company licensed under ORS chapter
725, mortgage banker or mortgage broker licensed under ORS 86A.095 to 86A.198,
or title company for business purposes, records described in paragraph (a) of
this subsection, if the exemption from disclosure of the records is sought by
an individual described in paragraph (b) of this subsection using the procedure
described in paragraph (c) of this subsection:
(a)
The home address, home or cellular telephone number or personal electronic mail
address contained in the records of any public body that has received the
request that is set forth in:
(A)
A warranty deed, deed of trust, mortgage, lien, deed of reconveyance,
release, satisfaction, substitution of trustee, easement, dog license, marriage
license or military discharge record that is in the possession of the county
clerk; or
(B)
Any public record of a public body other than the county clerk.
(b)
The individual claiming the exemption from disclosure must be a district
attorney, a deputy district attorney, the Attorney General or an assistant
attorney general, the United States Attorney for the District of Oregon or an
assistant United States attorney for the District of Oregon, a city attorney
who engages in the prosecution of criminal matters or a deputy city attorney who
engages in the prosecution of criminal matters.
(c)
The individual claiming the exemption from disclosure must do so by filing the
claim in writing with the public body for which the exemption from disclosure
is being claimed on a form prescribed by the public body. Unless the claim is
filed with the county clerk, the claim form shall list the public records in
the possession of the public body to which the exemption applies. The exemption
applies until the individual claiming the exemption requests termination of the
exemption or ceases to qualify for the exemption.
(32)
Land management plans required for voluntary stewardship agreements entered
into under ORS 541.423.
(33)
Sensitive business records or financial or commercial information of the State
Accident Insurance Fund Corporation that is not customarily provided to
business competitors. This exemption does not:
(a)
Apply to the formulas for determining dividends to be paid to employers insured
by the State Accident Insurance Fund Corporation;
(b)
Apply to contracts for advertising, public relations or lobbying services or to
documents related to the formation of such contracts;
(c)
Apply to group insurance contracts or to documents relating to the formation of
such contracts, except that employer account records shall remain exempt from
disclosure as provided in ORS 192.502 (35); or
(d)
Provide the basis for opposing the discovery of documents in litigation
pursuant to the applicable rules of civil procedure.
(34)
Records of the Department of Public Safety Standards and Training relating to
investigations conducted under ORS 181.662 or 181.878 (6), until the department
issues the report described in ORS 181.662 or 181.878.
(35)
A medical examiner’s report, autopsy report or laboratory test report ordered
by a medical examiner under ORS 146.117.
(36)
Any document or other information related to an audit of a public body, as
defined in ORS 174.109, that is in the custody of an auditor or audit
organization operating under nationally recognized government auditing
standards, until the auditor or audit organization issues a final audit report
in accordance with those standards or the audit is abandoned. This exemption
does not prohibit disclosure of a draft audit report that is provided to the
audited entity for the entity’s response to the audit findings.
192.502 Other public records exempt from
disclosure. The following public records are exempt
from disclosure under ORS 192.410 to 192.505:
(1)
Communications within a public body or between public bodies of an advisory
nature to the extent that they cover other than purely factual materials and
are preliminary to any final agency determination of policy or action. This
exemption shall not apply unless the public body shows that in the particular instance
the public interest in encouraging frank communication between officials and
employees of public bodies clearly outweighs the public interest in disclosure.
(2)
Information of a personal nature such as but not limited to that kept in a
personal, medical or similar file, if public disclosure would constitute an
unreasonable invasion of privacy, unless the public interest by clear and
convincing evidence requires disclosure in the particular instance. The party
seeking disclosure shall have the burden of showing that public disclosure
would not constitute an unreasonable invasion of privacy.
(3)
Public body employee or volunteer addresses, Social Security numbers, dates of
birth and telephone numbers contained in personnel records maintained by the public
body that is the employer or the recipient of volunteer services. This
exemption:
(a)
Does not apply to the addresses, dates of birth and telephone numbers of
employees or volunteers who are elected officials, except that a judge or
district attorney subject to election may seek to exempt the judge’s or
district attorney’s address or telephone number, or both, under the terms of
ORS 192.445;
(b)
Does not apply to employees or volunteers to the extent that the party seeking
disclosure shows by clear and convincing evidence that the public interest
requires disclosure in a particular instance;
(c)
Does not apply to a substitute teacher as defined in ORS 342.815 when requested
by a professional education association of which the substitute teacher may be
a member; and
(d)
Does not relieve a public employer of any duty under ORS 243.650 to 243.782.
(4)
Information submitted to a public body in confidence and not otherwise required
by law to be submitted, where such information should reasonably be considered
confidential, the public body has obliged itself in good faith not to disclose
the information, and when the public interest would suffer by the disclosure.
(5)
Information or records of the Department of Corrections, including the State
Board of Parole and Post-Prison Supervision, to the extent that disclosure
would interfere with the rehabilitation of a person in custody of the
department or substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in confidentiality clearly
outweighs the public interest in disclosure.
(6)
Records, reports and other information received or compiled by the Director of
the Department of Consumer and Business Services in the administration of ORS
chapters 723 and 725 not otherwise required by law to be made public, to the
extent that the interests of lending institutions, their officers, employees
and customers in preserving the confidentiality of such information outweighs
the public interest in disclosure.
(7)
Reports made to or filed with the court under ORS 137.077 or 137.530.
(8)
Any public records or information the disclosure of which is prohibited by
federal law or regulations.
(9)(a)
Public records or information the disclosure of which is prohibited or restricted
or otherwise made confidential or privileged under Oregon law.
(b)
Subject to ORS 192.423, paragraph (a) of this subsection does not apply to
factual information compiled in a public record when:
(A)
The basis for the claim of exemption is ORS 40.225;
(B)
The factual information is not prohibited from disclosure under any applicable
state or federal law, regulation or court order and is not otherwise exempt
from disclosure under ORS 192.410 to 192.505;
(C)
The factual information was compiled by or at the direction of an attorney as
part of an investigation on behalf of the public body in response to
information of possible wrongdoing by the public body;
(D)
The factual information was not compiled in preparation for litigation,
arbitration or an administrative proceeding that was reasonably likely to be
initiated or that has been initiated by or against the public body; and
(E)
The holder of the privilege under ORS 40.225 has made or authorized a public
statement characterizing or partially disclosing the factual information
compiled by or at the attorney’s direction.
(10)
Public records or information described in this section, furnished by the
public body originally compiling, preparing or receiving them to any other
public officer or public body in connection with performance of the duties of
the recipient, if the considerations originally giving rise to the confidential
or exempt nature of the public records or information remain applicable.
(11)
Records of the Energy Facility Siting Council concerning the review or approval
of security programs pursuant to ORS 469.530.
(12)
Employee and retiree address, telephone number and other nonfinancial
membership records and employee financial records maintained by the Public
Employees Retirement System pursuant to ORS chapters 238 and 238A.
(13)
Records of or submitted to the State Treasurer, the Oregon Investment Council
or the agents of the treasurer or the council relating to active or proposed
publicly traded investments under ORS chapter 293, including but not limited to
records regarding the acquisition, exchange or liquidation of the investments.
For the purposes of this subsection:
(a)
The exemption does not apply to:
(A)
Information in investment records solely related to the amount paid directly
into an investment by, or returned from the investment directly to, the
treasurer or council; or
(B)
The identity of the entity to which the amount was paid directly or from which
the amount was received directly.
(b)
An investment in a publicly traded investment is no longer active when
acquisition, exchange or liquidation of the investment has been concluded.
(14)(a)
Records of or submitted to the State Treasurer, the Oregon Investment Council,
the Oregon Growth Account Board or the agents of the treasurer, council or
board relating to actual or proposed investments under ORS chapter 293 or 348
in a privately placed investment fund or a private asset including but not
limited to records regarding the solicitation, acquisition, deployment, exchange
or liquidation of the investments including but not limited to:
(A)
Due diligence materials that are proprietary to an investment fund, to an asset
ownership or to their respective investment vehicles.
(B)
Financial statements of an investment fund, an asset ownership or their
respective investment vehicles.
(C)
Meeting materials of an investment fund, an asset ownership or their respective
investment vehicles.
(D)
Records containing information regarding the portfolio positions in which an
investment fund, an asset ownership or their respective investment vehicles
invest.
(E)
Capital call and distribution notices of an investment fund, an asset ownership
or their respective investment vehicles.
(F)
Investment agreements and related documents.
(b)
The exemption under this subsection does not apply to:
(A)
The name, address and vintage year of each privately placed investment fund.
(B)
The dollar amount of the commitment made to each privately placed investment
fund since inception of the fund.
(C)
The dollar amount of cash contributions made to each privately placed
investment fund since inception of the fund.
(D)
The dollar amount, on a fiscal year-end basis, of cash distributions received
by the State Treasurer, the Oregon Investment Council, the Oregon Growth
Account Board or the agents of the treasurer, council or board from each
privately placed investment fund.
(E)
The dollar amount, on a fiscal year-end basis, of the remaining value of assets
in a privately placed investment fund attributable to an investment by the
State Treasurer, the Oregon Investment Council, the Oregon Growth Account Board
or the agents of the treasurer, council or board.
(F)
The net internal rate of return of each privately placed investment fund since
inception of the fund.
(G)
The investment multiple of each privately placed investment fund since
inception of the fund.
(H)
The dollar amount of the total management fees and costs paid on an annual
fiscal year-end basis to each privately placed investment fund.
(I)
The dollar amount of cash profit received from each privately placed investment
fund on a fiscal year-end basis.
(15)
The monthly reports prepared and submitted under ORS 293.761 and 293.766
concerning the Public Employees Retirement Fund and the Industrial Accident
Fund may be uniformly treated as exempt from disclosure for a period of up to
90 days after the end of the calendar quarter.
(16)
Reports of unclaimed property filed by the holders of such property to the
extent permitted by ORS 98.352.
(17)(a)
The following records, communications and information submitted to the Oregon
Business Development Commission, the Oregon Business Development Department,
the State Department of Agriculture, the Oregon Growth Account Board, the Port
of Portland or other ports as defined in ORS 777.005, or a county or city
governing body and any board, department, commission, council or agency
thereof, by applicants for investment funds, grants, loans, services or
economic development moneys, support or assistance including, but not limited
to, those described in ORS 285A.224:
(A)
Personal financial statements.
(B)
Financial statements of applicants.
(C)
Customer lists.
(D)
Information of an applicant pertaining to litigation to which the applicant is
a party if the complaint has been filed, or if the complaint has not been
filed, if the applicant shows that such litigation is reasonably likely to
occur; this exemption does not apply to litigation which has been concluded,
and nothing in this subparagraph shall limit any right or opportunity granted
by discovery or deposition statutes to a party to litigation or potential
litigation.
(E)
Production, sales and cost data.
(F)
Marketing strategy information that relates to applicant’s plan to address
specific markets and applicant’s strategy regarding specific competitors.
(b)
The following records, communications and information submitted to the State
Department of Energy by applicants for tax credits:
(A)
Personal financial statements.
(B)
Financial statements of applicants.
(C)
Customer lists.
(D)
Information of an applicant pertaining to litigation to which the applicant is
a party if the complaint has been filed, or if the complaint has not been
filed, if the applicant shows that such litigation is reasonably likely to
occur; this exemption does not apply to litigation which has been concluded,
and nothing in this subparagraph shall limit any right or opportunity granted
by discovery or deposition statutes to a party to litigation or potential
litigation.
(E)
Production, sales and cost data.
(F)
Marketing strategy information that relates to applicant’s plan to address
specific markets and applicant’s strategy regarding specific competitors.
(18)
Records, reports or returns submitted by private concerns or enterprises
required by law to be submitted to or inspected by a governmental body to allow
it to determine the amount of any transient lodging tax payable and the amounts
of such tax payable or paid, to the extent that such information is in a form
which would permit identification of the individual concern or enterprise.
Nothing in this subsection shall limit the use which can be made of such
information for regulatory purposes or its admissibility in any enforcement
proceedings. The public body shall notify the taxpayer of the delinquency
immediately by certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public body is
delinquent by over 60 days, the public body shall disclose, upon the request of
any person, the following information:
(a)
The identity of the individual concern or enterprise that is delinquent over 60
days in the payment or delivery of the taxes.
(b)
The period for which the taxes are delinquent.
(c)
The actual, or estimated, amount of the delinquency.
(19)
All information supplied by a person under ORS 151.485 for the purpose of
requesting appointed counsel, and all information supplied to the court from
whatever source for the purpose of verifying the financial eligibility of a
person pursuant to ORS 151.485.
(20)
Workers’ compensation claim records of the Department of Consumer and Business
Services, except in accordance with rules adopted by the Director of the
Department of Consumer and Business Services, in any of the following
circumstances:
(a)
When necessary for insurers, self-insured employers and third party claim
administrators to process workers’ compensation claims.
(b)
When necessary for the director, other governmental agencies of this state or
the United States to carry out their duties, functions or powers.
(c)
When the disclosure is made in such a manner that the disclosed information
cannot be used to identify any worker who is the subject of a claim.
(d)
When a worker or the worker’s representative requests review of the worker’s
claim record.
(21)
Sensitive business records or financial or commercial information of the Oregon
Health and Science University that is not customarily provided to business
competitors.
(22)
Records of Oregon Health and Science University regarding candidates for the
position of president of the university.
(23)
The records of a library, including:
(a)
Circulation records, showing use of specific library material by a named
person;
(b)
The name of a library patron together with the address or telephone number of
the patron; and
(c)
The electronic mail address of a patron.
(24)
The following records, communications and information obtained by the Housing
and Community Services Department in connection with the department’s monitoring
or administration of financial assistance or of housing or other developments:
(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.
(k)
Personal information about a tenant.
(L)
Housing assistance payments.
(25)
Raster geographic information system (GIS) digital databases, provided by
private forestland owners or their representatives, voluntarily and in
confidence to the State Forestry Department, that is not otherwise required by
law to be submitted.
(26)
Sensitive business, commercial or financial information furnished to or
developed by a public body engaged in the business of providing electricity or
electricity services, if the information is directly related to a transaction
described in ORS 261.348, or if the information is directly related to a bid,
proposal or negotiations for the sale or purchase of electricity or electricity
services, and disclosure of the information would cause a competitive
disadvantage for the public body or its retail electricity customers. This
subsection does not apply to cost-of-service studies used in the development or
review of generally applicable rate schedules.
(27)
Sensitive business, commercial or financial information furnished to or
developed by the City of Klamath Falls, acting solely in connection with the
ownership and operation of the Klamath Cogeneration Project, if the information
is directly related to a transaction described in ORS 225.085 and disclosure of
the information would cause a competitive disadvantage for the Klamath
Cogeneration Project. This subsection does not apply to cost-of-service studies
used in the development or review of generally applicable rate schedules.
(28)
Personally identifiable information about customers of a municipal electric
utility or a people’s utility district or the names, dates of birth, driver
license numbers, telephone numbers, electronic mail addresses or Social
Security numbers of customers who receive water, sewer or storm drain services
from a public body as defined in ORS 174.109. The utility or district may
release personally identifiable information about a customer, and a public body
providing water, sewer or storm drain services may release the name, date of
birth, driver license number, telephone number, electronic mail address or
Social Security number of a customer, if the customer consents in writing or
electronically, if the disclosure is necessary for the utility, district or
other public body to render services to the customer, if the disclosure is
required pursuant to a court order or if the disclosure is otherwise required
by federal or state law. The utility, district or other public body may charge
as appropriate for the costs of providing such information. The utility,
district or other public body may make customer records available to third
party credit agencies on a regular basis in connection with the establishment
and management of customer accounts or in the event such accounts are delinquent.
(29)
A record of the street and number of an employee’s address submitted to a
special district to obtain assistance in promoting an alternative to single
occupant motor vehicle transportation.
(30)
Sensitive business records, capital development plans or financial or
commercial information of Oregon Corrections Enterprises that is not
customarily provided to business competitors.
(31)
Documents, materials or other information submitted to the Director of the
Department of Consumer and Business Services in confidence by a state, federal,
foreign or international regulatory or law enforcement agency or by the
National Association of Insurance Commissioners, its affiliates or subsidiaries
under ORS 86A.095 to 86A.198, 697.005 to 697.095, 697.602 to 697.842, 705.137,
717.200 to 717.320, 717.900 or 717.905, ORS chapter 59, 723, 725 or 726, the
Bank Act or the Insurance Code when:
(a)
The document, material or other information is received upon notice or with an
understanding that it is confidential or privileged under the laws of the
jurisdiction that is the source of the document, material or other information;
and
(b)
The director has obligated the Department of Consumer and Business Services not
to disclose the document, material or other information.
(32)
A county elections security plan developed and filed under ORS 254.074.
(33)
Information about review or approval of programs relating to the security of:
(a)
Generation, storage or conveyance of:
(A)
Electricity;
(B)
Gas in liquefied or gaseous form;
(C)
Hazardous substances as defined in ORS 453.005 (7)(a), (b) and (d);
(D)
Petroleum products;
(E)
Sewage; or
(F)
Water.
(b)
Telecommunication systems, including cellular, wireless or radio systems.
(c)
Data transmissions by whatever means provided.
(34)
The information specified in ORS 25.020 (8) if the Chief Justice of the Supreme
Court designates the information as confidential by rule under ORS 1.002.
(35)(a)
Employer account records of the State Accident Insurance Fund Corporation.
(b)
As used in this subsection, “employer account records” means all records
maintained in any form that are specifically related to the account of any
employer insured, previously insured or under consideration to be insured by
the State Accident Insurance Fund Corporation and any information obtained or
developed by the corporation in connection with providing, offering to provide
or declining to provide insurance to a specific employer. “Employer account
records” includes, but is not limited to, an employer’s payroll records,
premium payment history, payroll classifications, employee names and
identification information, experience modification factors, loss experience
and dividend payment history.
(c)
The exemption provided by this subsection may not serve as the basis for
opposition to the discovery documents in litigation pursuant to applicable
rules of civil procedure.
(36)(a)
Claimant files of the State Accident Insurance Fund Corporation.
(b)
As used in this subsection, “claimant files” includes, but is not limited to,
all records held by the corporation pertaining to a person who has made a
claim, as defined in ORS 656.005, and all records pertaining to such a claim.
(c)
The exemption provided by this subsection may not serve as the basis for opposition
to the discovery documents in litigation pursuant to applicable rules of civil
procedure.
(37)
Except as authorized by ORS 408.425, records that certify or verify an
individual’s discharge or other separation from military service.
(38)
Records of or submitted to a domestic violence service or resource center that
relate to the name or personal information of an individual who visits a center
for service, including the date of service, the type of service received,
referrals or contact information or personal information of a family member of
the individual. As used in this subsection, “domestic violence service or
resource center” means an entity, the primary purpose of which is to assist
persons affected by domestic or sexual violence by providing referrals,
resource information or other assistance specifically of benefit to domestic or
sexual violence victims. [1987 c.373 §23e; 1987 c.764 §3; 1987 c.898 §27
(enacted in lieu of 192.500); 1989 c.6 §17; 1989 c.925 §1; 1991 c.825 §7; 1993
c.694 §27; 1993 c.817 §1; 1995 c.79 §70; 1995 c.162 §62a; 1995 c.604 §1; 1997
c.44 §1; 1997 c.559 §1; 1997 c.825 §1; 1999 c.274 §17; 1999 c.291 §24; 1999
c.379 §1; 1999 c.666 §1; 1999 c.683 §3; 1999 c.811 §2; 1999 c.855 §4; 1999
c.955 §23; 1999 c.1059 §§12,16; 2001 c.377 §§17,18; 2001 c.915 §3; 2001 c.922 §§12,13;
2001 c.962 §§80,81; 2001 c.965 §§62,63; 2003 c.14 §§90,91; 2003 c.524 §§2,3;
2003 c.733 §§49,50; 2003 c.803 §§5,6; 2005 c.397 §1; 2005 c.561 §3; 2005 c.659 §1;
2007 c.152 §1; 2007 c.181 §1; 2007 c.513 §5; 2007 c.687 §7; 2009 c.57 §4; 2009
c.500 §1; 2009 c.541 §7; 2009 c.604 §22; 2010 c.76 §15; 2011 c.9 §16; 2011
c.424 §1; 2011 c.645 §6]
192.503 [1993
c.224 §3; repealed by 1997 c.678 §15]
192.505 Exempt and nonexempt public record
to be separated. If any public record contains
material which is not exempt under ORS 192.501 and 192.502, as well as material
which is exempt from disclosure, the public body shall separate the exempt and
nonexempt material and make the nonexempt material available for examination. [1987
c.764 §4 (enacted in lieu of 192.500)]
RECORDS OF INDIVIDUAL WITH DISABILITY OR
MENTAL ILLNESS
192.515 Definitions for ORS 192.515 and
192.517. As used in this section and ORS 179.505
and 192.517:
(1)
“Facilities” includes, but is not limited to, hospitals, nursing homes,
facilities defined in ORS 430.205, board and care homes, homeless shelters,
juvenile training schools, youth care centers, juvenile detention centers,
jails and prisons.
(2)
“Individual” means:
(a)
An individual with a developmental disability as defined in the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 15002) as in effect
on January 1, 2003;
(b)
An individual with mental illness as defined in the Protection and Advocacy for
Mentally Ill Individuals Act (42 U.S.C. 10802) as in effect on January 1, 2003;
or
(c)
An individual with disabilities as described in 29 U.S.C. 794e as in
effect on January 1, 2006, other than:
(A)
An inmate in a facility operated by the Department of Corrections whose only disability
is drug or alcohol addiction; and
(B)
A person confined in a youth correction facility, as that term is defined in
ORS 420.005, whose only disability is drug or alcohol addiction.
(3)(a)
“Other legal representative” means a person who has been granted or retains
legal authority to exercise an individual’s power to permit access to the
individual’s records.
(b)
“Other legal representative” does not include a legal guardian, the state or a
political subdivision of this state.
(4)
“Records” includes, but is not limited to, reports prepared or received by any
staff of a facility rendering care or treatment, any medical examiner’s report,
autopsy report or laboratory test report ordered by a medical examiner, reports
prepared by an agency or staff person charged with investigating reports of
incidents of abuse, neglect, injury or death occurring at the facility that
describe such incidents and the steps taken to investigate the incidents and
discharge planning records or any information to which the individual would be
entitled access, if capable. [1993 c.262 §1; 1995 c.504 §1; 2003 c.14 §92; 2003
c.803 §7; 2005 c.498 §7]
Note:
192.515 and 192.517 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 192 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
192.517 Access to records of individual
with disability or individual with mental illness.
(1) The system designated to protect and advocate for the rights of individuals
shall have access to all records of:
(a)
Any individual who is a client of the system if the individual or the legal
guardian or other legal representative of the individual has authorized the
system to have such access;
(b)
Any individual, including an individual who has died or whose whereabouts are
unknown:
(A)
If the individual by reason of the individual’s mental or physical condition or
age is unable to authorize such access;
(B)
If the individual does not have a legal guardian or other legal representative,
or the state or a political subdivision of this state is the legal guardian of
the individual; and
(C)
If a complaint regarding the rights or safety of the individual has been
received by the system or if, as a result of monitoring or other activities
which result from a complaint or other evidence, there is probable cause to
believe that the individual has been subject to abuse or neglect; and
(c)
Any individual who has a legal guardian or other legal representative, who is
the subject of a complaint of abuse or neglect received by the system, or whose
health and safety is believed with probable cause to be in serious and
immediate jeopardy if the legal guardian or other legal representative:
(A)
Has been contacted by the system upon receipt of the name and address of the
legal guardian or other legal representative;
(B)
Has been offered assistance by the system to resolve the situation; and
(C)
Has failed or refused to act on behalf of the individual.
(2)
The system shall have access to the name, address and telephone number of any
legal guardian or other legal representative of an individual.
(3)
The system that obtains access to records under this section shall maintain the
confidentiality of the records to the same extent as is required of the
provider of the services, except as provided under the Protection and Advocacy
for Mentally Ill Individuals Act (42 U.S.C. 10806) as in effect on January 1,
2003.
(4)
The system shall have reasonable access to facilities, including the residents
and staff of the facilities.
(5)
This section is not intended to limit or overrule the provisions of ORS 41.675
or 441.055 (7). [1993 c.262 §2; 1995 c.504 §2; 2003 c.14 §93; 2003 c.803 §8;
2005 c.498 §8; 2009 c.595 §165; 2009 c.792 §72]
Note: See
note under 192.515.
192.518 [2003
c.86 §1; renumbered 192.553 in 2011]
192.519 [2003
c.86 §2; 2005 c.253 §1; 2009 c.442 §34; 2009 c.595 §166; 2009 c.833 §29; 2009
c.867 §39; 2011 c.703 §30; 2011 c.715 §17; renumbered 192.556 in 2011]
192.520 [2003
c.86 §3; renumbered 192.558 in 2011]
192.521 [2003
c.86 §4; 2007 c.812 §1; renumbered 192.563 in 2011]
192.522 [2003
c.86 §5; renumbered 192.566 in 2011]
192.523 [2003
c.86 §6; renumbered 192.568 in 2011]
192.524 [2003
c.86 §7; renumbered 192.571 in 2011]
192.525 [1977
c.812 §1; 1997 c.635 §1; 1999 c.537 §2; 2001 c.104 §67; repealed by 2003 c.86 §8]
192.526 [2005
c.253 §3; renumbered 192.573 in 2011]
192.527 [2007
c.798 §2; 2009 c.595 §167; repealed by 2010 c.16 §1]
192.528 [2007
c.798 §3; repealed by 2010 c.16 §1]
192.529 [2007
c.800 §5; renumbered 192.581 in 2011]
192.530 [1977
c.812 §2; 1995 c.79 §71; repealed by 2003 c.86 §8]
GENETIC PRIVACY
192.531 Definitions for ORS 192.531 to
192.549. As used in ORS 192.531 to 192.549:
(1)
“Anonymous research” means scientific or medical genetic research conducted in
such a manner that any DNA sample or genetic information used in the research
is unidentified.
(2)
“Blanket informed consent” means that the individual has consented to the use
of the individual’s DNA sample or health information for any future research,
but has not been provided with a description of or consented to the use of the
sample in genetic research or any specific genetic research project.
(3)
“Blood relative” means a person who is:
(a)
Related by blood to an individual; and
(b)
A parent, sibling, son, daughter, grandparent, grandchild, aunt, uncle, first
cousin, niece or nephew of the individual.
(4)
“Clinical” means relating to or obtained through the actual observation,
diagnosis or treatment of patients and not through research.
(5)
“Coded” means identifiable only through the use of a system of encryption that
links a DNA sample or genetic information to an individual or the individual’s
blood relative. A coded DNA sample or genetic information is supplied by a
repository to an investigator with a system of encryption.
(6)
“Deidentified” means lacking, or having had removed,
the identifiers or system of encryption that would make it possible for a
person to link a DNA sample or genetic information to an individual or the
individual’s blood relative, and neither the investigator nor the repository
can reconstruct the identity of the individual from whom the sample or
information was obtained. Deidentified DNA samples
and genetic information must meet the standards provided in 45 C.F.R.
164.502(d) and 164.514(a) to (c), as in effect on July 17, 2007.
(7)
“Disclose” means to release, publish or otherwise make known to a third party a
DNA sample or genetic information.
(8)
“DNA” means deoxyribonucleic acid.
(9)
“DNA sample” means any human biological specimen that is obtained or retained
for the purpose of extracting and analyzing DNA to perform a genetic test. “DNA
sample” includes DNA extracted from the specimen.
(10)
“Genetic characteristic” includes a gene, chromosome or alteration thereof that
may be tested to determine the existence or risk of a disease, disorder, trait,
propensity or syndrome, or to identify an individual or a blood relative. “Genetic
characteristic” does not include family history or a genetically transmitted
characteristic whose existence or identity is determined other than through a
genetic test.
(11)
“Genetic information” means information about an individual or the individual’s
blood relatives obtained from a genetic test.
(12)
“Genetic privacy statutes” means ORS 192.531 to 192.549, 659A.303 and 746.135
and the provisions of ORS 659A.300 relating to genetic testing.
(13)
“Genetic research” means research using DNA samples, genetic testing or genetic
information.
(14)
“Genetic test” means a test for determining the presence or absence of genetic
characteristics in an individual or the individual’s blood relatives, including
tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or
proteins in order to diagnose or determine a genetic characteristic.
(15)
“Health care provider” has the meaning given that term in ORS 192.556.
(16)
“Identifiable” means capable of being linked to the individual or a blood
relative of the individual from whom the DNA sample or genetic information was
obtained.
(17)
“Identified” means having an identifier that links, or that could readily allow
the recipient to link, a DNA sample or genetic information directly to the individual
or a blood relative of the individual from whom the sample or information was
obtained.
(18)
“Identifier” means data elements that directly link a DNA sample or genetic
information to the individual or a blood relative of the individual from whom
the sample or information was obtained. Identifiers include, but are not
limited to, names, telephone numbers, electronic mail addresses, Social
Security numbers, driver license numbers and fingerprints.
(19)
“Individually identifiable health information” has the meaning given that term
in ORS 192.556.
(20)
“Obtain genetic information” means performing or getting the results of a
genetic test.
(21)
“Person” has the meaning given in ORS 433.045.
(22)
“Research” means a systematic investigation, including research development,
testing and evaluation, designed to develop or contribute to generalized
knowledge.
(23)
“Retain a DNA sample” means the act of storing the DNA sample.
(24)
“Retain genetic information” means making a record of the genetic information.
(25)
“Unidentified” means deidentified or not
identifiable. [Formerly 659.700; 2003 c.333 §1; 2005 c.678 §1; 2007 c.800 §6]
Note:
192.531 to 192.549 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 192 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.