(1)The Director is the official custodian of all records for the Program. Any subpoena for release of an Program records shall be directed to the Director at the Program’s central administration.
(2) A subpoena generated or authorized by an individual participating in the Program or the individual’s attorney to testify or release individual information is deemed to be an informed written consent from the individual, except as prohibited by law.
(3) Upon verification that an individual’s attorney is authorized to issue the subpoena on the individual’s behalf, Program employees may communicate with the individual’s attorney within the scope of the request to the extent provided under OAR 582-030-0030 (Release to Clients, Parents, Guardians and Legal Representatives).
(4) Without a valid written authorization from the individual or an order issued by a judge, magistrate or other authorized judicial officer, Program employees may not provide the individual information in response to a subpoena not generated by or authorized by an individual or the individual’s attorney.
(5) Any Program employee who appears in response to a subpoena not generated by or authorized by the individual or the individual’s attorney and without a valid written authorization shall read a statement at the start of the appearance instead of providing documents or testifying about an individual. The statement shall explain that the documents and testimony are confidential and privileged under federal and state law. If after making this statement to a judge, magistrate or other authorized judicial officer, the judge, magistrate or other judicial officer issues an order, the Program employee shall comply with the order, including providing any documents or testimony within the scope of the order.
Rule 582-030-0025 — Subpoenas,