ORS 124.090
Confidentiality of records

  • exceptions

(1)

Notwithstanding the provisions of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department), the names of the public or private official or any other person who made the complaint, the witnesses and the elderly persons, and the reports and records compiled under the provisions of ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse), are confidential and are not accessible for public inspection.

(2)

Notwithstanding subsection (1) of this section, the Department of Human Services or the department’s designee may, if appropriate, make the names of the witnesses and the elderly persons, and the reports and records compiled under ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse), available to:

(a)

A law enforcement agency;

(b)

A public agency that licenses or certifies residential facilities or licenses or certifies the persons practicing in the facilities;

(c)

A public agency or private nonprofit agency or organization providing protective services for the elderly person;

(d)

The Long Term Care Ombudsman;

(e)

A public agency that licenses or certifies a person that has abused or is alleged to have abused an elderly person;

(f)

A court pursuant to a court order or as provided in ORS 125.012 (Petition for protective order); and

(g)

An administrative law judge in an administrative proceeding when necessary to provide protective services as defined in ORS 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619) to an elderly person, when in the best interests of the elderly person or when necessary to investigate, prevent or treat abuse of an elderly person.

(3)

Information made available under subsection (2) of this section, and the recipient of the information, are otherwise subject to the confidentiality provisions of ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse). [Formerly 410.690; 2001 c.900 §21; 2012 c.70 §12]

Source: Section 124.090 — Confidentiality of records; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html.

124.005
Definitions for ORS 124.005 to 124.040
124.010
Petition for relief
124.012
Filing of petitions
124.015
Hearing upon request of respondent
124.020
Ex parte hearing
124.022
Service of restraining order by sheriff
124.024
Notice to be given by guardian petitioner
124.025
Removal of personal effects
124.030
Proof of service of restraining order to be delivered to sheriff
124.035
Renewal of restraining order
124.040
Short title
124.050
Definitions for ORS 124.050 to 124.095
124.055
Policy
124.060
Duty of officials to report
124.065
Method of reporting
124.070
Duty to investigate
124.071
Deadline to complete abuse investigation
124.072
Required disclosure of protected health information to law enforcement agency
124.073
Training for abuse investigators
124.075
Immunity of person making report in good faith
124.077
Immunity for disclosure to prospective employer
124.080
Photographing of victim
124.085
Catalog of abuse records
124.087
Policies and guidelines to plan for development and standardization of certain resources and technologies
124.088
Certain privileges not grounds for excluding evidence in court proceedings
124.090
Confidentiality of records
124.095
Spiritual treatment not abuse
124.100
Definitions for ORS 124.100 to 124.140
124.105
Physical abuse subject to action
124.110
Financial abuse subject to action
124.115
Persons not subject to action
124.120
Relief available
124.125
Action by Attorney General, Department of Human Services, other agency or district attorney
124.130
Statute of limitation
124.135
Remedies not exclusive
124.140
Estoppel based on criminal conviction
124.990
Criminal penalty
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