Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 30 - CONFIDENTIALITY OF CLIENT INFORMATION AND RELEASE OF INFORMATION › Section 582-030-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to each Rule in Division 30
				unless otherwise indicated.
(1)
			 "Confidential Information" means any personally identifiable information
			 acquired or developed by the Program, its staff or its representatives or that
			 identifies an individual as someone applying for or receiving services from the
			 Program.
(2) "Cooperative
			 Agreement" means a written agreement between the Program and another agency or
			 organization which includes terms protecting confidentiality of individual's
			 information in keeping with the statutory and regulatory requirements of all
			 parties to the agreement.
(3)
			 "Department Director" means the Director of the Department of Human
			 Services.
(4) "Designee" means any
			 officer or employee appointed by the Director of the Department of Human
			 Services to respond to requests for reduction or waiver of fees for public
			 records of the Department.
(5)
			 "Director" means the Director of Vocational Rehabilitation.
(6) "HIV/AIDS Information" is any information
			 covered by ORS
			 433.045(3)
			 or that is likely to identify, directly or indirectly, that a client has been
			 tested for the HIV virus or has HIV infection, antibodies to HIV, AIDS
			 (Acquired Immunodeficiency Syndrome) or related infections or
			 illnesses.
(7) "Individual" means
			 any individual who has provided information to the Program as part of the
			 application process for the Program services or subsequent to an
			 application.
(8) "Informed Written
			 Consent" means, after receiving a thorough explanation and understanding of the
			 purposes, limitations, recipients, and specific information to be released, an
			 individual or, if appropriate, individual's representative completes and signs
			 a Department of Human Services Form 2099 (Authorization for Use and Disclosure
			 of Health Information), or its successor, or other sufficient written
			 authorization, releasing personal information from or to the Program.
(9) "Parent Locator Service" means a service
			 authorized by
			 42 USC
			 653 seeking information for the purpose of
			 establishing parentage or establishing, setting, modifying or enforcing child
			 support.
(10) "Parent or Guardian"
			 means an individual having legal responsibility for the overall welfare and
			 well-being of an individual under age 18 or an individual, if over age 18, is
			 adjudicated legally incapacitated.
(11) "Person" includes any natural person,
			 corporation, partnership, firm or association.
(12) "Photocopy" means a photograph,
			 microphotograph and any other reproduction on paper or film in any scale, or
			 the process of reproducing, in the form of a photocopy, a public
			 record.
(13) "Public Officer
			 Privilege" means, as provided in ORS
			 40.270,
			 a public officer shall not be examined as to public records determined to be
			 exempt from disclosure under ORS
			 192.502(8)
			 and (9).
(14) "Public Record" means any writing that
			 contains information relating to the conduct of the public's business that is
			 prepared, owned, used or retained by the Department regardless of physical form
			 or characteristics.
(15)
			 "Representative" means any person identified by the individual as being
			 authorized to speak or act on behalf of the individual or to assist the
			 individual in any matter pertaining to Program services, unless a
			 representative has been appointed by a court to represent the individual, in
			 which case the court-appointed representative is the individual's
			 representative.
(16) "Requestor"
			 means an individual requesting inspection, copies, or other reproduction of the
			 Department's public records.
(17)
			 "Subpoena" means a written order for a witness to appear and give testimony or
			 deliver named material issued.
(18)
			 "Substance Abuse Information" means any information regulated under
			 42
			 CFR 2.1-
			 2.67.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  344.530  & 344.570
Statutes/Other Implemented: ORS
				  344.511  - 344.690 & 344.710 - 344.730