Health Care Facilities

ORS 441.659
Disclosure of protected health information to law enforcement


(1)

Upon notice by a law enforcement agency that an investigation into abuse is being conducted under ORS 441.650 (Investigation of abuse complaint), and without the consent of the named resident or of the named resident’s caretaker, fiduciary or other legal representative, a health care provider must:

(a)

Permit the law enforcement agency to inspect and copy, or otherwise obtain, protected health information of the named resident; and

(b)

Upon request of the law enforcement agency, consult with the agency about the protected health information.

(2)

A health care provider who in good faith discloses protected health information under this section is not civilly or criminally liable under state law for the disclosure.

(3)

For purposes of this section:

(a)

“Health care provider” has the meaning given that term in ORS 192.556 (Definitions for ORS 192.553 to 192.581).

(b)

“Protected health information” has the meaning given that term in ORS 192.556 (Definitions for ORS 192.553 to 192.581). [2012 c.70 §8]
Note: 441.659 (Disclosure of protected health information to law enforcement) was added to and made a part of 441.630 (Definitions for ORS 441.630 to 441.680) to 441.680 (Spiritual healing alone not considered abuse of resident) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
§§ 441.630 to 441.685

Atty. Gen. Opinions

Definition of patient abuse, (1980) Vol 40, p 381

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital's employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963


Source

Last accessed
Jun. 26, 2021