Title 19, Miscellaneous Matters Related to Government and Public Affairs

(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 pub…

(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 provid…

(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 locate…

(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 trea…

(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 informati…

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 di…

(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 determin…

(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) T…

(1)(a) The Public Records Advocate shall provide facilitated dispute resolution services when requested by a person described in subsection (2) of this section or by a state agency under the conditions described in subsection (3) of this section. (b) The Public Records Advocate m…

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]

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 ma…

(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. …

(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 D…

(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…

The Judicial Department is not subject to ORS 192.464 and 192.475. [2017 c.728 §6]

(1) The Public Records Advisory Council is created. (2) The Public Records Advisory Council consists of: (a) The Secretary of State or a designee of the Secretary of State; (b) The Attorney General or a designee of the Attorney General; (c) The Director of the Oregon Department o…

(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…

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 legislati…

(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 …

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 …

(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.…

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 committ…

(1) The Oregon Sunshine Committee is established, consisting of 15 members as follows: (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 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…

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, …

(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 …

As used in ORS 192.531 to 192.549: (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 consen…

(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 priv…

(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 cri…

(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 o…

(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 ide…

(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 individ…

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 decea…

(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. (2) For a violation of ORS 192.537 or 192.547, the court shall award the greater of actual damages or: …

(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 19…

(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 t…

(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 c…

(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 appoi…

(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…

(1) It is the policy of the State of Oregon that an individual has: (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 addi…

As used in ORS 192.553 to 192.581: (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 o…

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 hea…

(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 trea…

A health care provider or state health plan that receives an authorization to disclose protected health information may charge: (1)(a) No more than $30 for copying 10 or fewer pages of written material, no more than 50 cents per page for pages 11 through 50 and no more than 25 ce…

A health care provider may use an authorization that contains the following provisions in accordance with ORS 192.558: ______________________________________________________________________________ AUTHORIZATION TO USE AND DISCLOSE PROTECTED HEALTH INFORMATION I authorize: ______…

(1)(a) A health care provider may use or disclose protected health information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the conditions in paragraph (b) of this subsection are met and: (A) The disclos…

A health care provider or a state health plan does not breach a confidential relationship with an individual if the health care provider or state health plan uses or discloses protected health information in accordance with ORS 192.558. [Formerly 192.523] Note: See note under 192…

Nothing in ORS 192.556 or 192.558 may be construed to create a new private right of action against a health care provider or a state health plan. [Formerly 192.524] Note: See note under 192.553.

If no person has been appointed as a personal representative under ORS chapter 113 or a person appointed as a personal representative under ORS chapter 113 has been discharged, the personal representative of a deceased individual shall be the first of the following persons, in th…

(1) In the case of an individual appealing the denial of Social Security disability benefits, a covered entity shall upon request provide to the individual or the individual’s personal representative, free of charge, one copy of the individual’s health information created after t…