reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.398 - Medical records; sealed records; records of individual in custody or under supervision; student records.

The following public records are exempt from disclosure:
(1) Records less than 75 years old which contain information about the physical or mental health or psychiatric care or treatment of a living individual, if the public disclosure thereof would constitute an unreasonable invasion of privacy. The party seeking disclosure shall have the burden of showing by clear and convincing evidence that the public interest requires disclosure in the particular instance and that public disclosure would not constitute an unreasonable invasion of privacy.
(2) Records less than 75 years old which were sealed in compliance with statute or by court order. Such records may be disclosed upon order of a court of competent jurisdiction or as otherwise provided by law.
(3) Records of a person who is or has been in the custody or under the lawful supervision of a state agency, a court or a unit of local government, are exempt from disclosure for a period of 25 years after termination of such custody or supervision to the extent that disclosure thereof would interfere with the rehabilitation of the person if the public interest in confidentiality clearly outweighs the public interest in disclosure. Nothing in this subsection, however, shall be construed as prohibiting disclosure of the fact that a person is in custody.
(4) Student records required by state or federal law to be exempt from disclosure. [Formerly 192.496]
Note:
192.398 was added to and made a part of 192.311 to 192.478 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.407 - When petition for review of public records request allowed; order granting petition; penalty.

(1) A person who has submitted a written public records request in compliance with a public body’s policy may seek review of the following, in the same manner as a person petitions when inspection of a public record is denied under ORS 192.311 to 192.478:
(a) The failure of a public body to provide the response required by ORS 192.329 within the prescribed period. A failure of the public body to timely respond shall be treated as a denial of the request unless the public body demonstrates that compliance was not required under ORS 192.329.
(b) An estimate of time provided by a public body pursuant to ORS 192.329, if the person believes that the estimated time frame for the response is unreasonably long and will result in undue delay of disclosure.
(c) Any other instance in which the person believes that the public body has failed to comply with ORS 192.329.
(2) Except as provided in subsection (3) of this section, the Attorney General, the district attorney and the court have the same authority with respect to petitions under this section as when inspection of a public record is denied.
(3) If the Attorney General, the district attorney or a court grants a petition filed under this section, the order granting the petition:
(a) May require disclosure of nonexempt material responsive to the request within seven days, or within any other period that the Attorney General, district attorney or court concludes is appropriate to comply with ORS 192.329;
(b) May require the public body to pay a penalty of $200 to the requester if the Attorney General, district attorney or court determines that the public body responded to the request with undue delay or failed to respond to the request; and
(c) May order a fee waiver or a fee reduction if a public body has responded to the request with undue delay or has failed to respond to the request in the time and manner prescribed in ORS 192.329. Nothing in this subsection prohibits a reviewing body from finding an unreasonable denial of a fee waiver or a fee reduction on other grounds.
(4) Nothing in this section limits the authority of a court to act under ORS 192.431. [2017 c.456 §5; 2019 c.205 §1]
Note:
192.407 was added to and made a part of 192.311 to 192.478 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.410

[1973 c.794 §2; 1989 c.377 §1; 1993 c.787 §4; 2001 c.237 §1; 2005 c.659 §4; 2017 c.456 §2; renumbered 192.311 in 2017]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.411 - Petition to review denial of right to inspect state public record; appeal from decision of Attorney General denying inspection.

(1) Subject to ORS 192.401 (1) and 192.427, any person denied the right to inspect or to receive a copy of any public record of a state agency may petition the Attorney General to review the public record to determine if it may be withheld from public inspection. Except as provided in ORS 192.401 (2), the burden is on the agency to sustain its action. Except as provided in ORS 192.401 (2), the Attorney General shall issue an order denying or granting the petition, or denying it in part and granting it in part, within seven days from the day the Attorney General receives the petition.
(2) If the Attorney General grants the petition and orders the state agency to disclose the public record, or if the Attorney General grants the petition in part and orders the state agency to disclose a portion of the public record, the state agency shall comply with the order in full within seven days after issuance of the order, unless within the seven-day period it issues a notice of its intention to institute proceedings for injunctive or declaratory relief in the Circuit Court for Marion County or, as provided in ORS 192.401 (3), in the circuit court of the county where the public record is held. Copies of the notice shall be sent to the Attorney General and by certified mail to the petitioner at the address shown on the petition. The state agency shall institute the proceedings within seven days after it issues its notice of intention to do so. If the Attorney General denies the petition in whole or in part, or if the state agency continues to withhold the public record or a part of it notwithstanding an order to disclose by the Attorney General, the person seeking disclosure may institute such proceedings.
(3) The Attorney General shall serve as counsel for the state agency in a suit filed under subsection (2) of this section if the suit arises out of a determination by the Attorney General that the public record should not be disclosed, or that a part of the public record should not be disclosed if the state agency has fully complied with the order of the Attorney General requiring disclosure of another part or parts of the public record, and in no other case. In any case in which the Attorney General is prohibited from serving as counsel for the state agency, the agency may retain special counsel. [Formerly subsections (1) to (3) of 192.450]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.415 - Procedure to review denial of right to inspect other public records; effect of disclosure.

(1) ORS 192.401 and 192.411 apply to the case of a person denied the right to inspect or to receive a copy of any public record of a public body other than a state agency, except that:
(a) The district attorney of the county in which the public body is located, or if it is located in more than one county the district attorney of the county in which the administrative offices of the public body are located, shall carry out the functions of the Attorney General;
(b) Any suit filed must be filed in the circuit court for the county described in paragraph (a) of this subsection; and
(c) The district attorney may not serve as counsel for the public body, in the cases permitted under ORS 192.411 (3), unless the district attorney ordinarily serves as counsel for the public body.
(2) Disclosure of a record to the district attorney in compliance with subsection (1) of this section does not waive any privilege or claim of privilege regarding the record or its contents.
(3) Disclosure of a record or part of a record as ordered by the district attorney is a compelled disclosure for purposes of ORS 40.285. [Formerly 192.460]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.418 - Effect of failure of Attorney General, district attorney or elected official to take timely action on inspection petition.

(1) The failure of the Attorney General or district attorney to issue an order under ORS 192.401, 192.411 or 192.415 denying, granting, or denying in part and granting in part a petition to require disclosure within seven days from the day of receipt of the petition shall be treated as an order denying the petition for the purpose of determining whether a person may institute proceedings for injunctive or declaratory relief under ORS 192.401, 192.411 or 192.415.
(2) The failure of an elected official to deny, grant, or deny in part and grant in part a request to inspect or receive a copy of a public record within seven days from the day of receipt of the request shall be treated as a denial of the request for the purpose of determining whether a person may institute proceedings for injunctive or declaratory relief under ORS 192.401, 192.411 or 192.415. [Formerly 192.465]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.422 - Petition form; procedure when petition received.

(1) A petition to the Attorney General or district attorney requesting the Attorney General or district attorney to order a public record to be made available for inspection or to be produced shall be in substantially the following form, or in a form containing the same information:
______________________________________________________________________________
______
I (we), ____________ (name(s)), the undersigned, request the Attorney General (or District Attorney of ______ County) to order ______ (name of governmental body) and its employees to (make available for inspection) (produce a copy or copies of) the following records:
1. ____________________
2. ____________________
I (we) asked to inspect and/or copy these records on ______ (date) at ______ (address). The request was denied by the following person(s):
1. ____________________
(Name of public officer or employee;
title or position, if known)
2. ____________________
(Name of public officer or employee;
title or position, if known)
______________________
______________________________________________________________________________
This form should be delivered or mailed to the Attorney General’s office in Salem, or the district attorney’s office in the county courthouse.
(2) Promptly upon receipt of such a petition, the Attorney General or district attorney shall notify the public body involved. The public body shall thereupon transmit the public record disclosure of which is sought, or a copy, to the Attorney General, together with a statement of its reasons for believing that the public record should not be disclosed. In an appropriate case, with the consent of the Attorney General, the public body may instead disclose the nature or substance of the public record to the Attorney General. [Formerly 192.470]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.427 - Procedure to review denial by elected official of right to inspect public records.

In any case in which a person is denied the right to inspect or to receive a copy of a public record in the custody of an elected official, or in the custody of any other person but as to which an elected official claims the right to withhold disclosure, no petition to require disclosure may be filed with the Attorney General or district attorney, or if a petition is filed it shall not be considered by the Attorney General or district attorney after a claim of right to withhold disclosure by an elected official. In such case a person denied the right to inspect or to receive a copy of a public record may institute proceedings for injunctive or declaratory relief in the appropriate circuit court, as specified in ORS 192.401, 192.411 or 192.415, and the Attorney General or district attorney may upon request serve or decline to serve, in the discretion of the Attorney General or district attorney, as counsel in such suit for an elected official for which the Attorney General or district attorney ordinarily serves as counsel. Nothing in this section shall preclude an elected official from requesting advice from the Attorney General or a district attorney as to whether a public record should be disclosed. [Formerly 192.480]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.431 - Court authority in reviewing action denying right to inspect public records; docketing; costs and attorney fees.

(1) In any suit filed under ORS 192.401, 192.411, 192.415, 192.422 or 192.427, the court has jurisdiction to enjoin the public body from withholding records and to order the production of any records improperly withheld from the person seeking disclosure. The court shall determine the matter de novo and the burden is on the public body to sustain its action. The court, on its own motion, may view the documents in controversy in camera before reaching a decision. Any noncompliance with the order of the court may be punished as contempt of court.
(2) Except as to causes the court considers of greater importance, proceedings arising under ORS 192.401, 192.411, 192.415, 192.422 or 192.427 take precedence on the docket over all other causes and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way.
(3) If a person seeking the right to inspect or to receive a copy of a public record prevails in the suit, the person shall be awarded costs and disbursements and reasonable attorney fees at trial and on appeal. If the person prevails in part, the court may in its discretion award the person costs and disbursements and reasonable attorney fees at trial and on appeal, or an appropriate portion thereof. If the state agency failed to comply with the Attorney General’s order in full and did not issue a notice of intention to institute proceedings pursuant to ORS 192.411 (2) within seven days after issuance of the order, or did not institute the proceedings within seven days after issuance of the notice, the petitioner shall be awarded costs of suit at the trial level and reasonable attorney fees regardless of which party instituted the suit and regardless of which party prevailed therein. [Formerly 192.490]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.440

[1973 c.794 §5; 1979 c.548 §4; 1989 c.111 §12; 1989 c.377 §2; 1989 c.546 §2; 1999 c.824 §5; 2001 c.445 §168; 2005 c.272 §1; 2007 c.467 §1; 2017 c.456 §3; renumbered 192.324 in 2017]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.450

[1973 c.794 §6; 1975 c.308 §2; 1997 c.791 §8; 1999 c.751 §4; 2017 c.101 §4; subsections (1) to (3) renumbered 192.411 and subsections (4) to (7) renumbered 192.401 in 2017]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.461 - Public Records Advocate.

(1) The office of the Public Records Advocate is created as an independent office within the executive department, separate and distinct from any other state agency.
(2) The Public Records Advocate shall be appointed by the Public Records Advisory Council under ORS 192.481.
(3) The Public Records Advocate shall be a member in good standing of the Oregon State Bar.
(4) The term of office of the Public Records Advocate shall be four years, except that the advocate may be removed for cause by the Public Records Advisory Council. A determination to remove for cause may be appealed as a contested case proceeding under ORS chapter 183.
(5) The advocate may be reappointed to consecutive terms.
(6) The Public Records Advocate is in the exempt service.
(7)(a) The Public Records Advocate shall select, appoint and fix the compensation of a Deputy Public Records Advocate. The Deputy Public Records Advocate shall be a member in good standing of the Oregon State Bar.
(b) The Public Records Advocate may delegate to the Deputy Public Records Advocate any authority, power or duty to act possessed by the Public Records Advocate except the power to delegate set forth in this paragraph.
(c) If the position of the Public Records Advocate becomes vacant, the Deputy Public Records Advocate shall serve as the acting Public Records Advocate until a new Public Records Advocate has been appointed.
(8)(a) The Public Records Advocate may hire and fix the compensation of other professional staff to assist in performing the duties assigned to the Public Records Advocate.
(b) Officers and employees of the office of the Public Records Advocate are in the exempt service.
(9) The Public Records Advocate may seek out office facilities and administrative support from other state agencies or local public bodies. State agencies shall assist the advocate. Local public bodies may assist the advocate. [2017 c.728 §1; 2017 c.728 §16; 2019 c.107 §1; 2021 c.582 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.468 - Discretion of Public Records Advocate in dispute resolution services.

Consistent with ORS 192.464 and rules adopted thereunder, the Public Records Advocate possesses sole discretion over the conduct of facilitated dispute resolution sessions. [2017 c.728 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.472 - Confidentiality of Public Records Advocate records.

Written records, documents, notes or statements of any kind prepared for or submitted to the Public Records Advocate, prepared by the advocate or exchanged between parties seeking a facilitated dispute resolution are subject to ORS 36.220 to 36.238. The Public Records Advocate may claim any exemption from disclosure under ORS 192.311 to 192.478 that a public body that is a party to the facilitated dispute resolution may claim with respect to a request for public records described in this section. [2017 c.728 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.475 - Public records request training.

(1) The Public Records Advocate shall provide training for state agencies and local governments on the requirements and best practices for processing and responding to public records requests.
(2) The Public Records Advocate shall perform training sessions throughout this state.
(3) Upon the written request of a state agency or local government, the Public Records Advocate may provide guidance and advice on matters pertaining to public records request processing and the disclosure and applicability of exemptions from disclosure of public records.
(4) Guidance and advice provided pursuant to subsection (3) of this section is purely advisory and must cease when the particular advice sought relates to a matter that is referred to facilitated dispute resolution under ORS 192.464. [2017 c.728 §5]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.476 - Estimate of expenses; rules.

(1) On or before January 1 preceding the start of a biennium, the Public Records Advocate shall estimate the expenses the advocate will incur for the upcoming biennium in carrying out the provisions of ORS 192.461 to 192.477. The advocate shall report the estimate to the Oregon Department of Administrative Services and the Legislative Fiscal Officer.
(2) The advocate shall charge an assessment to each public body in state government so as to recoup the costs estimated under subsection (1) of this section. Each public body in state government shall pay to the credit of the advocate the amount the public body was assessed under this subsection as an administrative expense from funds or appropriations available to the public body in the same manner as other claims against the public body are paid.
(3) The advocate shall adopt rules specifying the method for allocating the expenses described in subsection (1) of this section among public bodies in state government and for collecting the assessments described in this section.
(4) As used in this section, "state government" has the meaning given that term in ORS 174.111. [2023 c.155 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.477 - Public Records Advocate Fund.

(1) The Public Records Advocate Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Public Records Advocate Fund shall be credited to the Public Records Advocate Fund.
(2) The Public Records Advocate Fund shall consist of:
(a) Moneys collected under ORS 192.476;
(b) Moneys appropriated or otherwise transferred to the fund by the Legislative Assembly; and
(c) Interest earnings of the fund.
(3) Moneys in the Public Records Advocate Fund are continuously appropriated to the Public Records Advocate for the purpose of funding the operations of the office of the Public Records Advocate and the Public Records Advisory Council. [2021 c.582 §4; 2023 c.155 §2]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.483 - Duties of Public Records Advisory Council; rules.

(1) The Public Records Advisory Council created under ORS 192.481 shall periodically perform all of the following:
(a) Survey state agency and other public body practices and procedures for:
(A) Receiving public records requests, identifying the existence of records responsive to the requests and gathering and disclosing responsive records;
(B) Determining fee estimates and imposing or waiving fees under ORS 192.324; and
(C) Determining and applying exemptions from required disclosure of public records.
(b) Examine practices similar to those described in paragraph (a) of this subsection in other jurisdictions.
(c) Identify inefficiencies and inconsistencies in application of the public records law that impede transparency in public process and government.
(d) Make recommendations on changes in law, policy or practice that could enhance transparency in public process and government, and facilitate rapid dissemination of public records to requesters.
(e) Make recommendations on the role of the Public Records Advocate as facilitator in disputes between custodians of public records and public record requesters.
(2) No later than December 1 of each even-numbered year, the council shall submit to the Governor, and to the Legislative Assembly in the manner provided by ORS 192.245, a report that describes the findings of the council since the council’s last report. The report may include recommendations for legislation.
(3) The council or the Public Records Advocate may prepare reports and studies more frequently than required under subsection (2) of this section.
(4) The council may adopt rules governing the operations of the office of the Public Records Advocate, including but not limited to rules establishing procedures for the conduct of facilitated dispute resolution under ORS 192.464. The council shall consider efficiencies and the preference for a policy of transparency and openness in government in this state in adopting rules under this subsection.
(5) The Public Records Advocate shall serve as the custodian of all council records. [2017 c.728 §10; 2021 c.582 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.485 - Definitions for ORS 192.485 to 192.513.

As used in ORS 192.485 to 192.513, "public record" has the meaning given that term in ORS 192.311. [2017 c.654 §1]
Note:
192.485 to 192.513 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 192 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.488 - Open government impact statement.

(1) The Legislative Counsel shall prepare an open government impact statement for each measure reported out of a committee of the Legislative Assembly if the measure affects the disclosure, or exemption from disclosure, of a public record.
(2) An open government impact statement must:
(a) State whether the measure conforms to any standards adopted by the Legislative Counsel for drafting measures that establish exemptions from disclosure of public records; and
(b) Describe how the measure would alter existing standards regarding the disclosure or exemption from disclosure of public records and how the measure would impact public interests in disclosure that would be served if the public record were subject to mandatory disclosure. [2017 c.654 §2]
Note:
See note under 192.485.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.492 - Notification of change to public records laws.

The Legislative Counsel shall notify the Legislative Counsel Committee, or its designee, and the Oregon Sunshine Committee if a measure that changes an exemption from disclosure for public records or existing standards of disclosure for public records is introduced. [2017 c.654 §3]
Note:
See note under 192.485.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.499 - Public records subcommittee.

(1) The Legislative Counsel Committee shall establish a public records subcommittee.
(2) The President of the Senate and the Speaker of the House of Representatives shall appoint to the subcommittee four members of the Legislative Assembly from among the members of the committee as follows:
(a) The President of the Senate shall appoint:
(A) One member who is a member of the Senate and a member of the majority party; and
(B) One member who is a member of the Senate and a member of the minority party.
(b) The Speaker of the House of Representatives shall appoint:
(A) One member who is a member of the House of Representatives and a member of the majority party; and
(B) One member who is a member of the House of Representatives and a member of the minority party.
(c) The President of the Senate and the Speaker of the House of Representatives shall each appoint a cochair from the members described in paragraphs (a) and (b) of this subsection.
(3) The subcommittee shall review and may accept, modify or reject the plan or schedule for review of exemptions from disclosure for public records established by the Oregon Sunshine Committee under ORS 192.511.
(4) The subcommittee shall review the Oregon Sunshine Committee reports required by ORS 192.511 and may accept, modify or reject the Oregon Sunshine Committee reports as the reports of the subcommittee. On or before September 1 of each even-numbered year, the subcommittee shall submit the subcommittee report, with the original Oregon Sunshine Committee report as an appendix, to the Legislative Counsel Committee.
(5) The subcommittee shall cooperate with and invite advice and comment from:
(a) The Attorney General;
(b) The Governor;
(c) The Secretary of State;
(d) The State Treasurer;
(e) Any committee or task force appointed by the Attorney General, the Governor or the Secretary of State to examine any aspect of ORS 192.311 to 192.478 or of the disclosure of public records; and
(f) The Oregon Sunshine Committee.
(6) Interested members of the public may provide comment to the subcommittee. [2017 c.654 §4]
Note:
See note under 192.485.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.501

[1987 c.373 §§23c,23d; 1987 c.764 §2 (enacted in lieu of 192.500); 1989 c.70 §1; 1989 c.171 §26; 1989 c.967 §§11,13; 1989 c.1083 §10; 1991 c.636 §§1,2; 1991 c.678 §§1,2; 1993 c.616 §§4,5; 1993 c.787 §§1,2; 1995 c.604 §§2,3; 1999 c.155 §3; 1999 c.169 §§1,2; 1999 c.234 §§1,2; 1999 c.291 §§21,22; 1999 c.380 §§1,2; 1999 c.1093 §§3,4; 2001 c.104 §66; 2001 c.621 §85; 2001 c.915 §1; 2003 c.217 §1; 2003 c.380 §2; 2003 c.524 §1; 2003 c.604 §98; 2003 c.674 §26; 2003 c.803 §12; 2003 c.807 §§2,3; 2005 c.203 §§1,2; 2005 c.232 §§33,34; 2005 c.455 §1; 2007 c.608 §6; 2007 c.687 §1; 2008 c.48 §1; 2009 c.57 §2; 2009 c.135 §1; 2009 c.222 §2; 2009 c.769 §1; 2011 c.9 §14; 2011 c.285 §1; 2011 c.637 §68; 2013 c.325 §1; 2013 c.768 §107; 2014 c.37 §§1,2; 2014 c.64 §§1,2; 2015 c.14 §2; 2015 c.313 §§1,2; 2015 c.550 §§5,6; 2015 c.767 §§56,57; renumbered 192.345 in 2017]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.502

[1987 c.373 §23e; 1987 c.764 §3; 1987 c.898 §27 (enacted in lieu of 192.500); 1989 c.6 §17; 1989 c.925 §1; 1991 c.825 §7; 1993 c.694 §27; 1993 c.817 §1; 1995 c.79 §70; 1995 c.162 §62a; 1995 c.604 §1; 1997 c.44 §1; 1997 c.559 §1; 1997 c.825 §1; 1999 c.274 §17; 1999 c.291 §24; 1999 c.379 §1; 1999 c.666 §1; 1999 c.683 §3; 1999 c.811 §2; 1999 c.855 §4; 1999 c.955 §23; 1999 c.1059 §§12,16; 2001 c.377 §§17,18; 2001 c.915 §3; 2001 c.922 §§12,13; 2001 c.962 §§80,81; 2001 c.965 §§62,63; 2003 c.14 §§90,91; 2003 c.524 §§2,3; 2003 c.733 §§49,50; 2003 c.803 §§5,6; 2005 c.397 §1; 2005 c.561 §3; 2005 c.659 §1; 2007 c.152 §1; 2007 c.181 §1; 2007 c.513 §5; 2007 c.687 §7; 2009 c.57 §4; 2009 c.500 §1; 2009 c.541 §7; 2009 c.604 §22; 2010 c.76 §15; 2011 c.9 §16; 2011 c.424 §1; 2011 c.645 §6; 2012 c.45 §26; 2012 c.90 §§19,30; 2013 c.325 §3; 2013 c.550 §5; 2013 c.587 §1; 2013 c.732 §5; 2015 c.26 §1; 2015 c.313 §5; 2015 c.383 §1; 2015 c.481 §2; 2015 c.805 §1; 2017 c.340 §1; 2017 c.475 §1; renumbered 192.355 in 2017]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.508 - Rules.

(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.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.513 - Review of exemptions from disclosure by Oregon Sunshine Committee.

(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.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.515 - Definitions for ORS 192.515 and 192.517.

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 individual’s power to permit access to the individual’s 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 examiner’s 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:
192.515 and 192.517 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 192 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.517 - Access to records of individual with disability or individual with 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 individual’s 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.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.519

[2003 c.86 §2; 2005 c.253 §1; 2009 c.442 §34; 2009 c.595 §166; 2009 c.833 §29; 2009 c.867 §39; 2011 c.703 §30; 2011 c.715 §17; renumbered 192.556 in 2011]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.533 - Legislative findings; purposes.

(1) The Legislative Assembly finds that:
(a) The DNA molecule contains information about the probable medical future of an individual and the individual’s 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 individual’s authorization.
(c) The improper collection, retention or disclosure of genetic information can lead to significant harm to an individual and the individual’s blood relatives, including stigmatization and discrimination in areas such as employment, education, health care and insurance.
(d) An analysis of an individual’s 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 individual’s genetic information may be collected, retained or disclosed.
(d) To protect against discrimination by an insurer or employer based upon an individual’s 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.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.535 - Informed consent for obtaining genetic information.

(1) A person may not obtain genetic information from an individual, or from an individual’s DNA sample, without first obtaining informed consent of the individual or the individual’s 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 individual’s 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 individual’s 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 individual’s 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 individual’s 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.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.538 - Notice by health care provider regarding anonymous or coded research.

(1) A health care provider that is a covered entity as defined in ORS 192.556 (2)(c) and that obtains an individual’s biological specimen or clinical individually identifiable health information shall 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.
(2) A health care provider that is not a covered entity as defined in ORS 192.556 (2)(c) and that obtains an individual’s biological specimen or clinical 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 individual’s 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 individual’s 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.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 192 - Records; Public Reports and Meetings › Section 192.539 - Disclosure of genetic information; exceptions.

(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 individual’s 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.