Health Care Facilities

ORS 441.671
Confidentiality of reports

  • when available

(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 complainants, witnesses and residents, and the reports and records compiled under the provisions of ORS 441.630 (Definitions for ORS 441.630 to 441.680) to 441.680 (Spiritual healing alone not considered abuse of resident), 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 witnesses and residents, and the reports and records compiled under ORS 441.630 (Definitions for ORS 441.630 to 441.680) to 441.680 (Spiritual healing alone not considered abuse of resident), available to:

(a)

A law enforcement agency;

(b)

A public agency that licenses or certifies long term care facilities;

(c)

A public agency that licenses or certifies the persons practicing the healing arts in long term care facilities;

(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 a resident;

(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 a resident, when in the best interests of the resident or when necessary to investigate, prevent or treat abuse of a resident.

(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 441.630 (Definitions for ORS 441.630 to 441.680) to 441.680 (Spiritual healing alone not considered abuse of resident). [1981 c.470 §2 (enacted in lieu of 441.670); 1993 c.759 §11; 2012 c.70 §13]

Atty. Gen. Opinions

Under Former Similar Statute (Ors 441.670)

Disclosure of compiled reports and records relating to patient abuse in nursing homes, (1979) Vol 40, p 155

§§ 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

REMOVE ADS