Health Professions Generally

ORS 676.590
Disclosure of investigatory information, records


(1)

Information obtained by the Health Licensing Office as part of an investigation conducted under the following laws and any reports issued by an investigator are exempt from public disclosure:

(a)

ORS 676.630 (Definitions for ORS 676.630 to 676.660) to 676.660 (Health Licensing Office authority to discipline persons certified to practice advanced nonablative esthetics procedures), 676.665 (Definitions for ORS 676.665 to 676.689) to 676.689 (Rules), 681.700 (Definitions for ORS 681.700 to 681.730) to 681.730 (Rules), 681.740 (Definitions for ORS 681.740 to 681.758) to 681.758 (Rules), 690.005 (Definitions for ORS 690.005 to 690.225) to 690.225 (Inspections), 690.350 (Definitions for ORS 690.350 to 690.410) to 690.410 (Minimum standards of education and training) or 694.015 (Definitions for ORS 694.015 to 694.170) to 694.170 (Duties of council).

(b)

ORS 676.560 (Purpose of Health Licensing Office) to 676.625 (Health Licensing Office Account) if the investigation is related to the regulation of:

(A)

Advanced nonablative esthetics under ORS 676.630 (Definitions for ORS 676.630 to 676.660) to 676.660 (Health Licensing Office authority to discipline persons certified to practice advanced nonablative esthetics procedures);

(B)

Lactation consultation under ORS 676.665 (Definitions for ORS 676.665 to 676.689) to 676.689 (Rules);

(C)

Music therapy under ORS 681.700 (Definitions for ORS 681.700 to 681.730) to 681.730 (Rules);

(D)

Art therapy under ORS 681.740 (Definitions for ORS 681.740 to 681.758) to 681.758 (Rules);

(E)

Barbering, hair design, esthetics, nail technology or natural hair care under ORS 690.005 (Definitions for ORS 690.005 to 690.225) to 690.225 (Inspections);

(F)

Electrologists and body art practitioners under ORS 690.350 (Definitions for ORS 690.350 to 690.410) to 690.410 (Minimum standards of education and training); or

(G)

Dealing in hearing aids under ORS 694.015 (Definitions for ORS 694.015 to 694.170) to 694.170 (Duties of council).

(2)

The office shall disclose information obtained as part of an investigation described in subsection (1) of this section to a person who demonstrates by clear and convincing evidence that the public interest in disclosure outweighs other interests in nondisclosure, including the public interest in nondisclosure.

(3)

A complaint that forms the basis for an investigation described in subsection (1) of this section shall not be considered information obtained as part of an investigation and is not exempt from public disclosure.

(4)

Upon request, the office shall disclose to a person against whom disciplinary action is sought any information obtained as part of an investigation described in section (1) of this section, if the information is not otherwise privileged or confidential under state or federal law. [Formerly 676.609; 2019 c.456 §17]

Source

Last accessed
Jun. 26, 2021