Health Professions Generally
Complaints and investigations confidential
(1)A health professional regulatory board shall keep confidential and not disclose to the public any information obtained by the board as part of an investigation of a licensee or applicant, including complaints concerning licensee or applicant conduct and information permitting the identification of complainants, licensees or applicants. However, the board may disclose information obtained in the course of an investigation of a licensee or applicant to the extent necessary to conduct a full and proper investigation.
(2)Notwithstanding subsection (1) of this section, if a health professional regulatory board votes not to issue a notice of intent to impose a disciplinary sanction:
(a)The board shall disclose information obtained as part of an investigation of an applicant or licensee if the person requesting the information demonstrates 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)The board may disclose to a complainant a written summary of information obtained as part of an investigation of an applicant or licensee resulting from the complaint to the extent the board determines necessary to explain the reasons for the board’s decision. An applicant or licensee may review and obtain a copy of any written summary of information disclosed to a complainant by the board after the board has deleted any information that could reasonably be used to identify the complainant.
(3)If a health professional regulatory board votes to issue a notice of intent to impose a disciplinary sanction, upon written request by the licensee or applicant, the board shall disclose to the licensee or applicant all information obtained by the board in the investigation of the allegations in the notice except:
(a)Information that is privileged or confidential under a law other than this section.
(b)Information that would permit the identification of any person who provided information that led to the filing of the notice and who will not provide testimony at a hearing arising out of the investigation.
(c)Information that would permit the identification of any person as a person who made a complaint to the board about a licensee or applicant.
(d)Reports of expert witnesses.
(4)Information disclosed to a licensee or applicant under subsection (3) of this section may be further disclosed by the licensee or applicant only to the extent necessary to prepare for a hearing on the notice of intent to impose a disciplinary sanction.
(A)A notice of intent to impose a disciplinary sanction against a licensee or applicant that has been issued by vote of the board;
(B)A final order that results from the board’s notice of intent to impose a disciplinary sanction;
(C)An emergency suspension order;
(D)A consent order or stipulated agreement that involves licensee or applicant conduct; and
(E)Information to further an investigation into board conduct under ORS 192.685 (Additional enforcement of alleged violations of ORS 192).
(b)A health professional regulatory board may make the information required to be disclosed under paragraph (a)(A) to (D) of this subsection available in electronic form, accessible by use of a personal computer or similar technology that provides direct electronic access to the information.
(6)If a notice of intent to impose a disciplinary sanction has been issued by vote of a health professional regulatory board, a final order that results from the board’s notice of intent to impose a disciplinary sanction, an emergency suspension order or a consent order or stipulated agreement that involves licensee or applicant conduct shall summarize the factual basis for the board’s disposition of the matter.
(7)A health professional regulatory board record or order, or any part thereof, obtained as part of or resulting from an investigation, contested case proceeding, consent order or stipulated agreement, is not admissible as evidence and may not preclude an issue or claim in any civil proceeding except in a proceeding between the board and the licensee or applicant as otherwise allowed by law.
(b)For purposes of this subsection, “public official” means a member or member-elect, or any member of the staff or an employee, of a public entity as defined by ORS 676.177 (Disclosure of confidential information to another public entity).
(9)A health professional regulatory board may establish fees reasonably calculated to reimburse the actual cost of disclosing information to licensees or applicants as required by subsection (3) of this section. [1997 c.791 §2; 1999 c.751 §3; 2005 c.801 §1]
Notes of Decisions
Petitioner seeking judicial review of final order of Oregon Medical Board imposing sanctions for negligence in connection with patient medical records was not entitled to disclosure of report of expert called as witness in contested case hearing, because plain language of this section exempts such reports from disclosure to licensee. Rushton v. Oregon Medical Board, 313 Or App 574, 497 P3d 814 (2021)
Attorney General Opinions
Board duties and powers in complaint investigation and discipline, (1998) Vol 49, p 32; health professional regulatory board duty to disclose investigatory information to licensees or applicants, (2006) No. 8282