justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 192 — Records; Public Reports and

ORS 192.500. [1973 c.794 11; 1975 c.308 1; 1975 c.582 150; 1975 c.606 41a; 1977 c.107 1; 1977 c.587 1; 1977 c.793 5a; 1979 c.190 400; 1981 c.107 1; 1981 c.139 8; 1981 c.187 1; 1981 c.892 92; 1981 c.905 7; 1983 c.17 29; 1983 c.198 1; 1983 c.338 902; 1983 c.617 3; 1983 c.620 12; 1983 c.703 8; 1983 c.709 42; 1983 c.717 30; 1983 c.740 46; 1983 c.830 9; 1985 c.413 1; 1985 c.602 13; 1985 c.657 1; 1985 c.762 179a; 1985 c.813 1; 1987 c.94 100; 1987 c.109 3; 1987 c.320 145; 1987 c.373 23; 1987 c.520 12; 1987 c.610 24; 1987 c.731 2; 1987 c.839 1; 1987 c.898 26; repealed by 1987 c.764 1 (192.501, 192.502 and
ORS Chapter 192 — Records; Public Reports and

ORS 192.505. [1987 c.764 4 (enacted in lieu of 192.500); renumbered 192.338 in 2017]
ORS Chapter 192 — Records; Public Reports and

ORS 192.508. (1) The Legislative Counsel Committee and the public records subcommittee established under ORS 192.499 may adopt rules applicable to deliberations of the committee and subcommittee under ORS 192.485 to 192.513. The rules may enhance the opportunity for public participation in the deliberations of the committee and subcommittee, including through the live-streaming of meetings. (2) All deliberations of the Legislative Counsel Committee and the public records subcommittee shall be conducted in accordance with the open meeting requirements of Article IV, section 14, of the Oregon Constitution, and rules adopted thereunder. [2017 c.654 5] Note: See note under 192.485.
ORS Chapter 192 — Records; Public Reports and

ORS 192.511. (1) The Oregon Sunshine Committee is established, consisting of 15 members as follows: (a) The members of the public records subcommittee established under ORS
ORS Chapter 192 — Records; Public Reports and

ORS 192.513. (1) Pursuant to a plan or schedule for review accepted by the public records subcommittee of the Legislative Counsel Committee under ORS 192.499, the Oregon Sunshine Committee may review exemptions from disclosure of public records previously enacted into law for which an open government impact statement was not prepared. (2) On or before July 1 of each even-numbered year, the Oregon Sunshine Committee shall deliver to the public records subcommittee the results of any review performed pursuant to this section. [2017 c.654 7] Note: See note under 192.485. RECORDS OF INDIVIDUAL WITH DISABILITY OR MENTAL ILLNESS
ORS Chapter 192 — Records; Public Reports and

ORS 192.515. As used in this section and ORS 179.505 and 192.517: (1) Facilities includes, but is not limited to, hospitals, nursing homes, facilities defined in ORS 430.205, board and care homes, homeless shelters, juvenile training schools, youth care centers, juvenile detention centers, jails and prisons. (2) Individual means: (a) An individual with a developmental disability as defined in the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 15002) as in effect on January 1, 2003; (b) An individual with mental illness as defined in the Protection and Advocacy for Mentally Ill Individuals Act (42 U.S.C. 10802) as in effect on January 1, 2003; or (c) An individual with disabilities as described in 29 U.S.C. 794e as in effect on January 1, 2006, other than: (A) An adult in custody in a facility operated by the Department of Corrections whose only disability is drug or alcohol addiction; and (B) A person confined in a youth correction facility, as that term is defined in ORS 420.005, whose only disability is drug or alcohol addiction. (3)(a) Other legal representative means a person who has been granted or retains legal authority to exercise an individuals power to permit access to the individuals records. (b) Other legal representative does not include a legal guardian, the state or a political subdivision of this state. (4) Records includes, but is not limited to, reports prepared or received by any staff of a facility rendering care or treatment, any medical examiners report, autopsy report or laboratory test report ordered by a medical examiner, reports prepared by an agency or staff person charged with investigating reports of incidents of abuse, neglect, injury or death occurring at the facility that describe such incidents and the steps taken to investigate the incidents and discharge planning records or any information to which the individual would be entitled access, if capable. [1993 c.262 1; 1995 c.504 1; 2003 c.14 92; 2003 c.803 7; 2005 c.498 7; 2019 c.213 55] Note:
ORS Chapter 192 — Records; Public Reports and

ORS 192.517. 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 individuals 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 or 441.055 (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] Note: See note under 192.515.
ORS Chapter 192 — Records; Public Reports and

ORS 192.519. c.206 12,13; 2021 c.554 3] Note: See note under 192.553.
ORS Chapter 192 — Records; Public Reports and

ORS 192.530. [1977 c.812 2; 1995 c.79 71; repealed by 2003 c.86 8] GENETIC PRIVACY
ORS Chapter 192 — Records; Public Reports and

ORS 192.533. (1) The Legislative Assembly finds that: (a) The DNA molecule contains information about the probable medical future of an individual and the individuals blood relatives. This information is written in a code that is rapidly being broken. (b) Genetic information is uniquely private and personal information that generally should not be collected, retained or disclosed without the individuals authorization. (c) The improper collection, retention or disclosure of genetic information can lead to significant harm to an individual and the individuals blood relatives, including stigmatization and discrimination in areas such as employment, education, health care and insurance. (d) An analysis of an individuals DNA provides information not only about the individual, but also about blood relatives of the individual, with the potential for impacting family privacy, including reproductive decisions. (e) Current legal protections for medical information, tissue samples and DNA samples are inadequate to protect genetic privacy. (f) Laws for the collection, storage and use of identifiable DNA samples and private genetic information obtained from those samples are needed both to protect individual and family privacy and to permit and encourage legitimate scientific and medical research. (2) The purposes of the genetic privacy statutes are as follows: (a) To define the rights of individuals whose genetic information is collected, retained or disclosed and the rights of the individuals blood relatives. (b) To define the circumstances under which an individual may be subjected to genetic testing. (c) To define the circumstances under which an individuals genetic information may be collected, retained or disclosed. (d) To protect against discrimination by an insurer or employer based upon an individuals genetic characteristics. (e) To define the circumstances under which a DNA sample or genetic information may be used for research. [Formerly 659.705; 2003 c.333 2] Note: See note under 192.531.
ORS Chapter 192 — Records; Public Reports and

ORS 192.535. (1) A person may not obtain genetic information from an individual, or from an individuals DNA sample, without first obtaining informed consent of the individual or the individuals representative, except: (a) As authorized by ORS 181A.155 or comparable provisions of federal criminal law relating to the identification of persons, or for the purpose of establishing the identity of a person in the course of an investigation conducted by a law enforcement agency, a district attorney, a medical examiner or the Criminal Justice Division of the Department of Justice; (b) For anonymous research or coded research conducted under conditions described in ORS 192.537 (2), after notification pursuant to ORS 192.538 or pursuant to ORS 192.547 (7)(b); (c) As permitted by rules of the Oregon Health Authority for identification of deceased individuals; (d) As permitted by rules of the Oregon Health Authority for newborn screening procedures; (e) As authorized by statute for the purpose of establishing parentage; or (f) For the purpose of furnishing genetic information relating to a decedent for medical diagnosis of blood relatives of the decedent. (2) Except as provided in subsection (3) of this section, a physician licensed under ORS chapter 677 shall seek the informed consent of the individual or the individuals representative for the purposes of subsection (1) of this section in the manner provided by ORS 677.097. Except as provided in subsection (3) of this section, any other licensed health care provider or facility must seek the informed consent of the individual or the individuals representative for the purposes of subsection (1) of this section in a manner substantially similar to that provided by ORS 677.097 for physicians. (3) A person conducting research shall seek the informed consent of the individual or the individuals representative for the purposes of subsection (1) of this section in the manner provided by ORS 192.547. (4) Except as provided in ORS 746.135 (1), any person not described in subsection (2) or (3) of this section must seek the informed consent of the individual or the individuals representative for the purposes of subsection (1) of this section in the manner provided by rules adopted by the Oregon Health Authority. (5) The Oregon Health Authority may not adopt rules under subsection (1)(d) of this section that would require the providing of a DNA sample for the purpose of obtaining complete genetic information used to screen all newborns. [Formerly 659.710; 2003 c.333 3; 2005 c.678 2; 2009 c.595 168; 2017 c.651 39] Note: See note under 192.531.
ORS Chapter 192 — Records; Public Reports and

ORS 192.537. Individuals rights in genetic information; retention of information; destruction of information
ORS Chapter 192 — Records; Public Reports and

ORS 192.538. (5) A DNA sample from an individual that is the subject of a research project, other than an anonymous research project, shall be destroyed promptly upon completion of the project or withdrawal of the individual from the project, whichever occurs first, unless the individual or the individuals representative directs otherwise by informed consent. (6) A DNA sample from an individual for insurance or employment purposes shall be destroyed promptly after the purpose for which the sample was obtained has been accomplished unless retention is authorized by specific court order pursuant to rules adopted by the Chief Justice of the Supreme Court for civil, criminal and juvenile proceedings. (7) An individual or an individuals representative, promptly upon request, may inspect, request correction of and obtain genetic information from the records of the individual. (8) Subject to the provisions of ORS 192.531 to 192.549, and to policies adopted by the person in possession of a DNA sample, an individual or the individuals representative may request that the individuals DNA sample be made available for additional genetic testing for medical diagnostic purposes. If the individual is deceased and has not designated a representative to act on behalf of the individual after death, a request under this subsection may be made by the closest surviving blood relative of the decedent or, if there is more than one surviving blood relative of the same degree of relationship to the decedent, by the majority of the surviving closest blood relatives of the decedent. (9) The Oregon Health Authority shall coordinate the implementation of this section. (10) Subsections (3) to (8) of this section apply only to a DNA sample or genetic information that is coded, identified or identifiable. (11) This section does not apply to any law, contract or other arrangement that determines a persons rights to compensation relating to substances or information derived from an individuals DNA sample. [Formerly 659.715; 2003 c.333 4; 2005 c.562 21; 2005 c.678 3; 2009 c.595 169; 2019 c.141 10; 2021 c.97 17] Note: Section 10, chapter 333, Oregon Laws 2003, provides: Sec. 10. Notwithstanding ORS 192.537 (2)(a)(C), a person may use an individuals DNA sample or genetic information for anonymous research if the DNA sample or genetic information was obtained prior to the effective date of this 2003 Act [June 12, 2003] and the individual was not notified the sample or genetic information may be used for anonymous research. [2003 c.333 10] Note: See note under 192.531.
ORS Chapter 192 — Records; Public Reports and

ORS 192.539. (1) Regardless of the manner of receipt or the source of genetic information, including information received from an individual or a blood relative of the individual, a person may not disclose or be compelled, by subpoena or any other means, to disclose the identity of an individual upon whom a genetic test has been performed or the identity of a blood relative of the individual, or to disclose genetic information about the individual or a blood relative of the individual in a manner that permits identification of the individual, unless: (a) Disclosure is authorized by ORS 181A.155 or comparable provisions of federal criminal law relating to identification of persons, or is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a county child abuse multidisciplinary team; (b) Disclosure is required by specific court order entered pursuant to rules adopted by the Chief Justice of the Supreme Court for civil actions; (c) Disclosure is authorized by statute for the purpose of establishing parentage; (d) Disclosure is specifically authorized by the tested individual or the tested individuals representative by signing a consent form prescribed by rules of the Oregon Health Authority; (e) Disclosure is for the purpose of furnishing genetic information relating to a decedent for medical diagnosis of blood relatives of the decedent; or (f) Disclosure is for the purpose of identifying bodies. (2) The prohibitions of this section apply to any redisclosure by any person after another person has disclosed genetic information or the identity of an individual upon whom a genetic test has been performed, or has disclosed genetic information or the identity of a blood relative of the individual. (3) A release or publication is not a disclosure if: (a) It involves a good faith belief by the person who caused the release or publication that the person was not in violation of this section; (b) It is not due to willful neglect; (c) It is corrected in the manner described in ORS 192.541 (4); (d) The correction with respect to genetic information is completed before the information is read or heard by a third party; and (e) The correction with respect to DNA samples is completed before the sample is retained or genetically tested by a third party. [Formerly 659.720; 2005 c.562 22; 2009 c.595 170; 2017 c.651 40; 2019 c.141 11] Note: See note under 192.531.
ORS Chapter 192 — Records; Public Reports and

ORS 192.540. research. Notwithstanding ORS 192.535 and 192.537 (2), a person may use an individuals DNA sample or genetic information that is derived from a biological specimen or clinical individually identifiable health information for anonymous research or coded research if the individual was deceased when the individuals biological specimen or clinical individually identifiable health information was obtained. [2005 c.678 8] Note: See note under 192.531.
ORS Chapter 192 — Records; Public Reports and

ORS 192.541. General, the action is of general public importance. In the action, the Attorney General shall be entitled to the same relief as if the Attorney General instituted the action under this section. [2001 c.588 4] Note: See note under 192.531.
ORS Chapter 192 — Records; Public Reports and

ORS 192.543. (1) A person commits the crime of unlawfully obtaining, retaining or disclosing genetic information if the person knowingly, recklessly or with criminal negligence, as those terms are defined in ORS 161.085, obtains, retains or discloses genetic information in violation of ORS
ORS Chapter 192 — Records; Public Reports and

ORS 192.545. (1) The Attorney General or a district attorney may bring an action against a person who violates ORS 192.535, 192.537, 192.539 or 192.547. In addition to remedies otherwise provided in ORS 192.541, the court shall award to the Attorney General or district attorney the costs of the investigation. (2) The Attorney General may intervene in a civil action brought under ORS
ORS Chapter 192 — Records; Public Reports and

ORS 192.550. [1977 c.517 1; 1985 c.762 180; 1987 c.373 24; 1987 c.414 146; 1997 c.631 422; 2003 c.803 9; 2005 c.130 1; renumbered 192.583 in 2011] MISCELLANEOUS HEALTH CARE RECORDS
ORS Chapter 192 — Records; Public Reports and

ORS 192.551. (1) A public or private college or university health center, mental health center or counseling center that provides health care, mental health care or counseling services to students, or a health professional retained by a college or university to provide health care, mental health care or counseling services to students, may disclose records of health care, mental health care or counseling provided to a student to any other person within the college or university, affiliated with the college or university or acting on behalf of the college or university, only to the extent that a person unaffiliated with the college or university would be lawfully authorized to disclose the records when providing health care, mental health care or counseling services. (2) As used in this section, person means a natural individual. [2016 c.20 1] Note:
ORS Chapter 192 — Records; Public Reports and

ORS 192.556. individually identifiable health information may notify the individual that the biological specimen or clinical individually identifiable health information may be disclosed or retained by the provider for anonymous research or coded research. (3) A health care provider described in subsection (1) of this section shall provide a notice to the individual describing how the biological specimen or clinical individually identifiable health information may be used and allowing the individual to request that the specimen or information not be disclosed or retained for anonymous research or coded research. The notice must contain a place where the individual may mark the individuals request that the specimen or information not be disclosed or retained for anonymous research or coded research before returning the notice to the health care provider. (4) The notice described in subsection (3) of this section: (a) Must be given no later than when the provider obtains an individuals biological specimen or clinical individually identifiable health information; and (b) May be given at the same time and in the same manner as the notice of privacy practices required under the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164. [2005 c.678 5] Note: See note under 192.531.
ORS Chapter 192 — Records; Public Reports and

ORS 192.558. A health care provider or state health plan: (1) May use or disclose protected health information of an individual in a manner that is consistent with an authorization provided by the individual or a personal representative of the individual. (2) May use or disclose protected health information of an individual without obtaining an authorization from the individual or a personal representative of the individual: (a) For the providers or plans own treatment, payment or health care operations; or (b) As otherwise permitted or required by state or federal law or by order of the court. (3) May disclose protected health information of an individual without obtaining an authorization from the individual or a personal representative of the individual: (a) To another covered entity for health care operations activities of the entity that receives the information if: (A) Each entity has or had a relationship with the individual who is the subject of the protected health information; and (B) The protected health information pertains to the relationship and the disclosure is for the purpose of: (i) Health care operations as listed in ORS 192.556 (4)(a) or (b); or (ii) Health care fraud and abuse detection or compliance; (b) To another covered entity or any other health care provider for treatment activities of a health care provider; (c) To another covered entity or any other health care provider for the payment activities of the entity that receives that information; or (d) In accordance with ORS 192.567 or 192.577. [Formerly 192.520; 2015 c.473 5; 2017 c.484 4] Note: See note under 192.553.
ORS Chapter 192 — Records; Public Reports and

ORS 192.561. (1) Notwithstanding ORS 179.505, a health care provider that is a participant in a coordinated care organization, as defined in ORS 414.025, shall disclose protected health information: (a) To other health care providers participating in the coordinated care organization for treatment purposes, and to the coordinated care organization for health care operations and payment purposes, as permitted by ORS 192.558; and (b) To public health entities as required for health oversight purposes. (2) The disclosures described in subsection (1) of this section may be provided without the authorization of the patient or the patients personal representative. (3) Subsection (1) of this section does not apply to psychotherapy notes, as defined in ORS 179.505. [2012 c.8 16] Note: See note under 192.553.