Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 30 - CONFIDENTIALITY OF CLIENT INFORMATION AND RELEASE OF INFORMATION › Section 582-030-0030 - Release to Clients, Parents, Guardians and Legal Representatives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon written
			 request using DHS Form 2093, or its equivalent, the requested information from
			 the Program case file shall be released to the individual or, as appropriate,
			 the individual's representative, in a timely manner, with the following
			 exceptions:
(a) Case file information
			 obtained from another agency or organization, treatment records, and
			 psychological evaluations may only be released under the conditions established
			 by the treatment provider or source of the records or under the conditions
			 established by agreement between the Program and the treatment provider or
			 source of the records.
(b) If an
			 individual or, as appropriate, a parent, guardian, or other representative
			 presents a written request to review medical or psychological reports from the
			 individual's Program file and the counselor believes direct release of such
			 information to any of the above persons may be harmful to the individual, the
			 following procedures shall be followed:
(A)
			 The counselor shall contact the practitioner who wrote the report to request an
			 opinion as to whether the practitioner believes direct release of the
			 information would be harmful to the individual; or, if a practitioner is
			 unavailable;
(B) The counselor
			 shall obtain an opinion from the appropriate office medical or psychological
			 consultant as to whether the consultant believes direct release of the
			 information would be harmful to the individual; the consultant shall record the
			 opinion on the Medical/Psychological Review Record in the medical jacket
			 (R-114);
(C) If the practitioner or
			 consultant states that direct release would not be harmful, the counselor shall
			 release the requested Program information directly to the individual or (as
			 appropriate) to the individual's parent, guardian, or designated
			 representative;
(D) If the
			 practitioner or consultant states that direct release would be harmful, the
			 counselor shall request but not require the individual to designate an
			 appropriate and qualified physician or psychologist of the individual's
			 choosing for the purpose of reviewing and interpreting the contents of the
			 report to the individual. If the individual agrees, the counselor shall
			 schedule the appointment, mail copies of the report to the practitioner, and if
			 the individual so requests, execute an Authorization for Purchase to pay the
			 practitioner for an office visit at the Program current approved rate of
			 payment.
(E) Medical,
			 psychological, or other information that the Program determines may be harmful
			 to the individual may not be released directly to the individual, but if
			 release is allowed under these rules, shall be provided to the individual
			 through a third party chosen by the individual, which may include, among
			 others, an advocate, a family member, a qualified medical or mental health
			 professional, unless a representative has been appointed by court to represent
			 the individual in which case the information shall be released to the
			 court-appointed representative.