Program Uses and Disclosures
(1)All personally identifiable information about an individual that is obtained, generated by, or made available to the Program, its representative or employees, shall be protected, and held confidential. The information is the property of the Program and may only be used and disclosed as permitted by these rules. In addition, the information may not be used or disclosed in violation of any of the following laws where those laws are applicable:
(a) Federal laws concerning substance abuse information as set out in 42 CFR part 2;
(b) State laws concerning HIV information as set out in ORS 433.045 (Notice of HIV test required);
(c) State laws concerning DNA and genetic information as set out in ORS 192.537 (Individual’s rights in genetic information) and 192.539 (Disclosure of genetic information).
(2) Confidential information may be used and disclosed by the Program for purposes directly connected with the administration of the Program, unless prohibited by law. Except for purposes directly connected with the administration of vocational rehabilitation or as required by law, the Program may not use or disclose any list of or names of, or any information concerning individuals applying for or receiving vocational rehabilitation services.
(3) Except as directed by the individual under informed written consent, the individual’s information may not be disclosed outside the Program unless disclosure is:
(a) Required by federal or state law, including the exceptions to written consent requirements described in OAR 582-030-0040 (Exceptions to Written Consent Requirements);
(b) Ordered by a judge, magistrate or other authorized judicial officer; or
(c) Authorized by these rules.
(4) Any information about a crime committed by any individual, or suspected abuse or neglect, or that poses a threat to the safety of the individual or others is not confidential except as provided by law.
(5) Identifiable personal information may not be shared with advisory or other bodies that do not have official responsibility for administration of the Program, unless the individual gives written consent.
(6) Each affected individual shall be informed that discussion of work related information with potential employers, in connection with the individual’s job placement, is considered to be within the scope of the administration of the Program and the information may be used or disclosed to the extent allowed by law. The information shall be limited to that which the counselor determines to be necessary to the placement process and directly related to the individual’s abilities to perform, retain, or acquire the skills to perform, specific employment.
(7) Unless prohibited by law, individual information may be released to other agencies which have cooperative agreements with the Program without the written consent of the individual only if providing such information has a bearing on administration of the Program or the provision of Program services. At time of application and at other times that individual information is being collected, the Program shall inform the individual about situations where information is routinely released and identify the involved agencies.
Rule 582-030-0010 — Program Uses and Disclosures,