Access to records of individual with disability or individual with mental illness
(1)The system designated to protect and advocate for the rights of individuals shall have access to all records of:
(a)Any individual who is a client of the system if the individual or the legal guardian or other legal representative of the individual has authorized the system to have such access;
(b)Any individual, including an individual who has died or whose whereabouts are unknown:
(A)If the individual by reason of the individual’s mental or physical condition or age is unable to authorize such access;
(B)If the individual does not have a legal guardian or other legal representative, or the state or a political subdivision of this state is the legal guardian of the individual; and
(C)If a complaint regarding the rights or safety of the individual has been received by the system or if, as a result of monitoring or other activities which result from a complaint or other evidence, there is probable cause to believe that the individual has been subject to abuse or neglect; and
(c)Any individual who has a legal guardian or other legal representative, who is the subject of a complaint of abuse or neglect received by the system, or whose health and safety is believed with probable cause to be in serious and immediate jeopardy if the legal guardian or other legal representative:
(A)Has been contacted by the system upon receipt of the name and address of the legal guardian or other legal representative;
(B)Has been offered assistance by the system to resolve the situation; and
(C)Has failed or refused to act on behalf of the individual.
(2)The system shall have access to the name, address and telephone number of any legal guardian or other legal representative of an individual.
(3)The system that obtains access to records under this section shall maintain the confidentiality of the records to the same extent as is required of the provider of the services, except as provided under the Protection and Advocacy for Mentally Ill Individuals Act (42 U.S.C. 10806) as in effect on January 1, 2003.
(4)The system shall have reasonable access to facilities, including the residents and staff of the facilities.
(5)This section is not intended to limit or overrule the provisions of ORS 41.675 (Inadmissibility of certain data provided to peer review body of health care providers and health care groups) or 441.055 (Health care facility medical staff and bylaws) (7). [1993 c.262 §2; 1995 c.504 §2; 2003 c.14 §93; 2003 c.803 §8; 2005 c.498 §8; 2009 c.595 §165; 2009 c.792 §72]
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