Victims of Crime and Acts of Mass Destruction
Confidentiality of certain victim communications and records
(1)As used in this section:
(a)“Certified advocate” means a person who:
(A)Has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault or stalking, approved by the Attorney General by rule; and
(B)Is an employee or a volunteer of a qualified victim services program.
(b)“Confidential communication” means a written or oral communication that is not intended for further disclosure to third persons except to:
(A)Persons present at the time the communication is made who are present to further the interests of the victim in the course of seeking safety planning, counseling, support or advocacy services;
(B)Persons reasonably necessary for the transmission of the communication; or
(C)Other persons, in the context of group counseling.
(c)“Qualified victim services program” means:
(A)A nongovernmental, nonprofit, community-based program receiving moneys administered by the state Department of Human Services or the Oregon or United States Department of Justice, or a program administered by a tribal government, that offers safety planning, counseling, support or advocacy services to victims of domestic violence, sexual assault or stalking; or
(B)A sexual assault center, victim advocacy office, women’s center, student affairs center, health center or other program providing safety planning, counseling, support or advocacy services to victims that is on the campus of or affiliated with a two-year or four-year post-secondary institution that enrolls one or more students who receive an Oregon Opportunity Grant.
(d)“Victim” means a person seeking safety planning, counseling, support or advocacy services related to domestic violence, sexual assault or stalking at a qualified victim services program.
(2)Except as provided in ORS 40.252 (Rule 504-5. Communications revealing intent to commit certain crimes) and 40.264 (Rule 507-1. Certified advocate-victim privilege), without the written, informed consent of the victim that is reasonably limited in duration, a certified advocate or a qualified victim services program may not disclose:
(a)Confidential communications between a victim and the certified advocate or qualified victim services program made in course of safety planning, counseling, support or advocacy services.
(b)Records that are created or maintained in the course of providing services regarding the victim.
(3)Notwithstanding subsection (2) of this section, a certified advocate or a qualified victim services program may disclose confidential communications or records without the victim’s consent only:
(a)To the extent necessary for defense in any civil, criminal or administrative action that is brought against the certified advocate, or against the qualified victim services program, by or on behalf of the victim; and
(b)As otherwise required by law.
(4)This section does not prohibit the disclosure of aggregate, nonpersonally identifying data. [2015 c.265 §4; 2017 c.256 §2]
Atty. Gen. Opinions
Primary resource fund where person, as result of single incident, becomes eligible for medical benefits from funds administered by Adult and Family Service Division, Motor Vehicle Accident Fund and Crime Victims' Compensation Division, (1978) Vol 39, p 323