Title 19, Miscellaneous Matters Related to Government and Public Affairs

(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…

(1) A health care provider shall disclose protected health information concerning an adult in custody of a Department of Corrections facility to the physician of an employee of the department or of Oregon Corrections Enterprises, without an authorization from the adult in custody…

(1) As used in this section, “entity” means a health care provider, a coordinated care organization, as defined in ORS 414.025 or a prepaid managed care health services organization, as defined in ORS 414.025, that provides health care to an individual, if the care is paid for by…

(1) Notwithstanding ORS 192.537 (3), a health care provider may retain genetic information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the retention is for treatment, payment or health care operations b…

(1) As used in this section: (a) “Bedbug” means a member of the Cimicidae family of parasitic insects. (b) “Public health authority” means: (A) A local public health authority, as defined in ORS 431.003; or (B) The Oregon Health Authority. (2) The following information reported b…

As used in ORS 192.583 to 192.607: (1) “Customer” means any person, partnership, limited partnership, corporation, trust or other legal entity, who or which is transacting or has transacted business with a financial institution, or who or which is using or has used the services o…

(1) Except as provided in ORS 192.588, 192.589, 192.591, 192.593, 192.596, 192.597, 192.598 and 192.603 or as required by ORS 25.643 and 25.646 and the Uniform Disposition of Unclaimed Property Act, ORS 98.302 to 98.436 and 98.992, and ORS 305.084: (a) A financial institution may…

(1) Upon the request of the Department of Human Services or the Oregon Health Authority and the receipt of the certification required under subsection (2) of this section, a financial institution shall advise whether a person has one or more accounts with the financial institutio…

(1) At any time after an individual dies, the Department of Human Services or the Oregon Health Authority may deliver to a financial institution the written notice and request described in subsection (2) of this section. (2) A written notice and request under this section must: (…

(1) Upon the request of a state court and the receipt of the certification required under subsection (2) of this section, a financial institution shall advise whether a person has one or more accounts with the financial institution and, if so, the balance on deposit in each such …

(1) A financial institution may disclose financial records of a customer to a state or local agency, and such an agency may request and receive such records, when the customer has authorized such disclosure as provided in this section. (2) The authorization of disclosure shall: (…

(1) A financial institution may disclose financial records of a customer to a state or local agency, and a state or local agency may request and receive such records, pursuant to a lawful summons or subpoena, served upon the financial institution, as provided in this section or O…

(1) Notwithstanding ORS 192.596, a financial institution shall disclose and provide copies of the financial records of a person who is the alleged victim in an investigation under ORS 124.070 or 441.650 in accordance with a subpoena issued by a court or on behalf of a grand jury …

(1) A financial institution may disclose financial records of a customer to a state or local agency, and a state or local agency may request and receive such records, pursuant to a lawful search warrant, as provided in this section. (2) The content of the search warrant shall con…

(1) Nothing in ORS 192.583 to 192.607 shall require a financial institution to inquire or determine that those seeking disclosure have duly complied with the requirements set forth in ORS 192.583 to 192.607, provided only that the customer authorization, summons, subpoena or sear…

(1)(a) A financial institution shall have a reasonable period of time in which to comply with any proper customer authorization, summons, subpoena or search warrant permitting or seeking disclosure of financial records. Except as provided in paragraphs (b) and (c) of this subsect…

(1) As used in this section: (a) “Account information” means, whether or not the financial institution has an account under a particular customer’s name, the number of customer account items dishonored or that created overdrafts, dollar volume of dishonored items and items that w…

Financial institutions that participate in an attorney trust account overdraft notification program established under ORS 9.685 may charge attorneys or law firms who have trust accounts with the financial institution for the reasonable costs incurred by the financial institution …

(1) Any customer who suffers any ascertainable loss as a result of a willful violation of ORS 192.583 to 192.607 by any person, may bring an individual action in an appropriate court to recover actual damages or $1,000, whichever is greater. (2) Any customer who suffers any ascer…