Records

ORS 192.401
Records of health professional regulatory boards, Health Licensing Office


(1)

(a) A person denied the right to inspect or to receive a copy of a public record of a health professional regulatory board, as defined in ORS 676.160 (Definitions for ORS 676.165 to 676.180), 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 a public 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.

(b)

A person denied the right to inspect or to receive a copy of a public record of the Health Licensing Office that contains information concerning an individual who holds, or an applicant for, an authorization to practice a profession to which ORS 676.595 (Disclosure of certain investigatory information) applies, 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 office. Not more than 48 hours after the office receives a copy of the petition, the office shall send a copy of the petition by first class mail to the holder of the authorization or the applicant who is the subject of a public record for which disclosure is sought. When sending a copy of the petition to the holder of the authorization or the applicant, the office shall include a notice informing the holder of the authorization or the applicant that a written response by the holder of the authorization or the applicant may be filed with the Attorney General not later than seven days after the date that the notice was sent by the office. Immediately upon receipt of any written response from the holder of the authorization or the applicant, the Attorney General shall send a copy of the response to the petitioner by first class mail.

(2)

(a) The person seeking disclosure of a public record of a health professional regulatory board, as defined in ORS 676.160 (Definitions for ORS 676.165 to 676.180), that is confidential or exempt from disclosure under ORS 676.165 (Complaint investigation) or 676.175 (Complaints and investigations confidential) 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 a public record ordered to be disclosed. The health professional regulatory board shall not disclose a public 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 paragraph.

(b)

The person seeking disclosure of a public record of the Health Licensing Office that is confidential or exempt from disclosure as described in ORS 676.595 (Disclosure of certain investigatory information) 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 the petition 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 office, the petitioner and the holder of the authorization or the applicant who is the subject of a public record ordered to be disclosed. The office shall not disclose a public record prior to the seventh day following the service of the Attorney General’s order on a holder of an authorization or an applicant entitled to receive notice under this paragraph.

(3)

(a) If the Attorney General grants or denies the petition for a public record of a health professional regulatory board, as defined in ORS 676.160 (Definitions for ORS 676.165 to 676.180), that contains information concerning a licensee or applicant, the board, a person denied the right to inspect or receive a copy of the public record or the licensee or applicant who is the subject of the public 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 public 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.

(b)

If the Attorney General grants or denies the petition for a public record of the Health Licensing Office that contains information concerning a holder of an authorization to practice a profession or an applicant, the office, a person denied the right to inspect or receive a copy of the public record or the holder of the authorization or the applicant who is the subject of the public 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 public 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.

(4)

The Attorney General may comply with a request of a health professional regulatory board or the Health Licensing Office to be represented by independent counsel in any proceeding under subsection (3) of this section. [Formerly subsections (4) to (7) of 192.450]

(formerly 192.450 (4) to (7))

Law Review Citations

53 OLR 363, 364 (1974)

§§ 192.311 to 192.478

(formerly 192.410 to 192.505)

Notes of Decisions

Failure of legislature to include reference to courts and court records such as those particularly named in ORS 192.005 tells against application of these sections to courts. State ex rel KOIN-TV v. Olsen, 300 Or 392, 711 P2d 966 (1985)

School district's blanket policy exempting public records from disclosure without individualized showing, violates public records law and is therefore unenforceable. Guard Publishing Co. v. Lane County School Dist., 310 Or 32, 791 P2d 854 (1990)

Atty. Gen. Opinions

Financial statements of hospitals as public records, (1974) Vol 36, p 893; criminal records subject to Public Records Law, (1974) Vol 37, p 126; power of county to refuse the right to copy maps, which are public records, with an individual's own equipment and to refuse to supply magnetic tape containing public records, (1979) Vol 39, p 721; Oregon Medical Insurance Pool is fundamentally private-sector body, under virtually total private control, created by state to fulfill public purpose and is not state agency or public body subject to Public Records Law, (1989) Vol 46, p 155; applicability to prison work program records, (1996) Vol 48, p 134; disclosure of personal information obtained from motor vehicle records, (1998) Vol 49, p 127

Law Review Citations

53 OLR 354-363 (1974); 55 OLR 354-359 (1976); 56 OLR 387 (1977)

Chapter 192

Atty. Gen. Opinions

Attorney General's Public Meetings and Records Manual, (1973) Vol 36, p 543; public meetings and records manual, (1976) Vol 37, p 1087; prohibition on disclosing marriage records, (1998) Vol 49, p 21


Source

Last accessed
Jun. 26, 2021