243 sections in this chapter.
ORS 192.490 [1973 c.794 §9; 1975 c.308 §3; 1981 c.897 §40; renumbered 192.431 in 2017]
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[Repealed or reserved.]
ORS 192.492 Notification of change to public records laws. The Legislative Counsel shall notify the committees or interim committees of the Legislative Assembly related to the judiciary, or their 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; 2025 c.294 §1]
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Note: See note under 192.485.
ORS 192.493 [2003 c.803 §27; 2011 c.602 §33; 2015 c.792 §3; renumbered 192.395 in 2017]
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[Repealed or reserved.]
ORS 192.495 [1979 c.301 §2; renumbered 192.390 in 2017]
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[Repealed or reserved.]
ORS 192.496 [1979 c.301 §3; renumbered 192.398 in 2017]
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[Repealed or reserved.]
ORS 192.497 [2015 c.805 §4; renumbered 192.380 in 2017]
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[Repealed or reserved.]
ORS 192.499 Legislative review of Oregon Sunshine Committee. (1) The committees or interim committees of the Legislative Assembly related to the judiciary 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
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(2) The committees or interim committees of the Legislative Assembly related to the judiciary 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 committees. On or …
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 192.505 enacted in lieu of 192.500)]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 192.503 [1993 c.224 §3; repealed by 1997 c.678 §15]
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[Repealed or reserved.]
ORS 192.504 [2015 c.26 §4; renumbered 192.377 in 2017]
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[Repealed or reserved.]
ORS 192.505 [1987 c.764 §4 (enacted in lieu of 192.500); renumbered 192.338 in 2017]
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[Repealed or reserved.]
ORS 192.508 Rules. The committees or interim committees of the Legislative Assembly related to the judiciary may adopt rules applicable to deliberations of the committees under ORS 192.485 to 192.513. The rules may enhance the opportunity for public participation in the deliberations of the committees, including through the live-streaming of meetings. [2017 c.654 §5; 2025 c.294 §3]
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Note: See note under 192.485.
ORS 192.511 Oregon Sunshine Committee; membership; duties; rules. (1) The Oregon Sunshine Committee is established, consisting of 15 members as follows
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(a) Four members of the committees or interim committees of the Legislative Assembly related to the judiciary shall be ex officio nonvoting members of the committee. The chairs of the committees shall appoint: (A) Two members from the House of Representatives, one from the majori…
ORS 192.513 Review of exemptions from disclosure by Oregon Sunshine Committee. (1) Pursuant to a plan or schedule for review accepted by the committees or interim committees of the Legislative Assembly related to the judiciary, 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
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(2) On or before May 1 of each even-numbered year, the Oregon Sunshine Committee shall deliver to the committees or interim committees of the Legislative Assembly related to the judiciary the results of any review performed pursuant to this section. [2017 c.654 §7; 2025 c.294 §5]…
ORS 192.515 Definitions for ORS 192.515 and 192.517. As used in this section and ORS 179.505 and 192.517
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(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 ind…
ORS 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
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(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) I…
ORS 192.518 [2003 c.86 §1; renumbered 192.553 in 2011]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 192.520 [2003 c.86 §3; renumbered 192.558 in 2011]
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[Repealed or reserved.]
ORS 192.521 [2003 c.86 §4; 2007 c.812 §1; renumbered 192.563 in 2011]
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[Repealed or reserved.]
ORS 192.522 [2003 c.86 §5; renumbered 192.566 in 2011]
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[Repealed or reserved.]
ORS 192.523 [2003 c.86 §6; renumbered 192.568 in 2011]
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[Repealed or reserved.]
ORS 192.524 [2003 c.86 §7; renumbered 192.571 in 2011]
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[Repealed or reserved.]
ORS 192.525 [1977 c.812 §1; 1997 c.635 §1; 1999 c.537 §2; 2001 c.104 §67; repealed by 2003 c.86 §8]
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[Repealed or reserved.]
ORS 192.526 [2005 c.253 §3; renumbered 192.573 in 2011]
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[Repealed or reserved.]
ORS 192.527 [2007 c.798 §2; 2009 c.595 §167; repealed by 2010 c.16 §1]
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[Repealed or reserved.]
ORS 192.528 [2007 c.798 §3; repealed by 2010 c.16 §1]
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[Repealed or reserved.]
ORS 192.529 [2007 c.800 §5; renumbered 192.581 in 2011]
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[Repealed or reserved.]
ORS 192.530 [1977 c.812 §2; 1995 c.79 §71; repealed by 2003 c.86 §8]
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GENETIC PRIVACY
ORS 192.531 Definitions for ORS 192.531 to 192.549. As used in ORS 192.531 to 192.549
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(1) “Anonymous research” means scientific or medical genetic research conducted in such a manner that any DNA sample or genetic information used in the research is unidentified. (2) “Blanket informed consent” means that the individual has consented to the use of the individual’s …
ORS 192.533 Legislative findings; purposes. (1) The Legislative Assembly finds that
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(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 general…
ORS 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
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(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, …
ORS 192.537 Individual’s rights in genetic information; retention of information; destruction of information. (1) Subject to the provisions of ORS 192.531 to 192.549, 659A.303 and 746.135, an individual’s genetic information and DNA sample are private and must be protected, and an individual has a right to the protection of that privacy. Any person authorized by law or by an individual or an individual’s representative to obtain, retain or use an individual’s genetic information or any DNA sample must maintain the confidentiality of the information or sample and protect the information or sample from unauthorized disclosure or misuse
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(2)(a) A person may use an individual’s DNA sample or genetic information that is derived from a biological specimen or clinical individually identifiable health information for anonymous research or coded research only if the individual: (A) Has granted informed consent for the …
ORS 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
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(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 i…
ORS 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
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(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 …
ORS 192.540 Use of deceased individual’s DNA sample or genetic information for research. Notwithstanding ORS 192.535 and 192.537 (2), a person may use an individual’s 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 individual’s biological specimen or clinical individually identifiable health information was obtained. [2005 c.678 §8]
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Note: See note under 192.531.
ORS 192.541 Private right of action; remedies; affirmative defense; attorney fees. (1) An individual or an individual’s blood relative, representative or estate may bring a civil action against any person who violates ORS 192.535, 192.537, 192.539 or 192.547
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(2) For a violation of ORS 192.537 or 192.547, the court shall award the greater of actual damages or: (a) $100, for an inadvertent violation that does not arise out of the negligence of the defendant; (b) $500, for a negligent violation; (c) $10,000, for a knowing or reckless vi…
ORS 192.543 Criminal penalty. (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 192.531 to 192.549
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(2) Unlawfully obtaining, retaining or disclosing genetic information is a Class A misdemeanor. [2001 c.588 §3] Note: See note under 192.531.
ORS 192.545 Enforcement; Attorney General or district attorney; intervention. (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
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(2) The Attorney General may intervene in a civil action brought under ORS 192.541 if the Attorney General certifies that, in the opinion of the Attorney General, the action is of general public importance. In the action, the Attorney General shall be entitled to the same relief …
ORS 192.547 Oregon Health Authority rules; procedures. (1)(a) The Oregon Health Authority shall adopt rules for conducting research using DNA samples, genetic testing and genetic information. Rules establishing minimum research standards shall conform to the Federal Policy for the Protection of Human Subjects, 45 C.F.R. 46, that is current at the time the rules are adopted. The rules may be changed from time to time as may be necessary
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(b) The rules adopted by the Oregon Health Authority shall address the operation and appointment of institutional review boards. The rules shall conform to the compositional and operational standards for such boards contained in the Federal Policy for the Protection of Human Subj…
ORS 192.549 Advisory Committee on Genetic Privacy and Research. (1) The Advisory Committee on Genetic Privacy and Research is established consisting of 15 members. The President of the Senate and the Speaker of the House of Representatives shall each appoint one member and one alternate. The Director of the Oregon Health Authority shall appoint one representative and one alternate from each of the following categories
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(a) Academic institutions involved in genetic research; (b) Physicians licensed under ORS chapter 677; (c) Voluntary organizations involved in the development of public policy on issues related to genetic privacy; (d) Hospitals; (e) The Department of Consumer and Business Service…
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]
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MISCELLANEOUS HEALTH CARE RECORDS
ORS 192.551 Health care records at colleges, universities
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(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 hea…
ORS 192.553 Policy for protected health information. (1) It is the policy of the State of Oregon that an individual has
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(a) The right to have protected health information of the individual safeguarded from unlawful use or disclosure; and (b) The right to access and review protected health information of the individual. (2) In addition to the rights and obligations expressed in ORS 192.553 to 192.5…
ORS 192.555 [1977 c.517 §§2,8(1); 1985 c.565 §24; 1987 c.373 §25; 1987 c.438 §4; 1993 c.131 §3; 1993 c.274 §1; 1993 c.695 §1; 1997 c.142 §1; 1999 c.80 §68; 1999 c.506 §5; 2009 c.541 §8; renumbered 192.586 in 2011]
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[Repealed or reserved.]
ORS 192.556 Definitions for ORS 192.553 to 192.581. As used in ORS 192.553 to 192.581
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(1) “Authorization” means a document written in plain language that contains at least the following: (a) A description of the information to be used or disclosed that identifies the information in a specific and meaningful way; (b) The name or other specific identification of the…
ORS 192.557 [1987 c.438 §2; 1999 c.80 §69; 2003 c.73 §59; renumbered 192.588 in 2011]
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[Repealed or reserved.]
ORS 192.558 Use or disclosure by health care provider or state health plan. A health care provider or state health plan
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(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 obta…