192 - Oregon State Legislature · 192.250 Director of Oregon Department of Ad-ministrative Services...

Chapter 1922015 EDITION

Records; Public Reports and Meetings

PUBLIC RECORDS POLICY192.001 Policy concerning public records

ARCHIVING OF PUBLIC RECORDS192.005 Definitions for ORS 192.005 to 192.170192.015 Secretary of State as public records ad-

ministratorNote Public records performance audit--2015

c.413 §1192.018 Written policies on use, retention and

ownership of public records; StateArchivist approval

192.040 Making, filing and recording records byphotocopying

192.050 Copying records; evidentiary effect192.060 Indexing and filing copied records192.070 Duplicate rolls of microfilm required; de-

livery to State Archivist192.072 State Archivist performing microfilm ser-

vices for public body192.105 State Archivist authorization for state of-

ficials to dispose of records; legislativerecords excepted; local government policyon disposing of public records; limitations;records officer; standards for State Re-cords Center

192.108 Retention schedules192.130 Disposition of valueless records in custody

of State Archivist; notice prior to disposi-tion

192.170 Disposition of materials without authori-zation

PUBLIC REPORTS

(Standardized Form)192.210 Definitions for ORS 192.210 and 192.220192.220 Standardized report forms; exemptions

(Policy; Compliance)192.230 Definitions for ORS 192.235 to 192.245192.235 Policy for ORS 192.230 to 192.250192.240 Duties of state agency issuing report192.243 Availability of report on Internet; rules192.245 Form of report to legislature192.250 Director of Oregon Department of Ad-

ministrative Services to report to legisla-ture on ORS 192.230 to 192.250

(Distribution)192.270 Definitions for ORS 192.270 and 192.275192.275 Notice when report required; content; ef-

fect

RECORDS AND REPORTS IN ENGLISH192.310 Records and reports required by law to be

in English

PUBLIC SAFETY INVESTIGATIONRECORDS

192.405 Prohibition on disclosure of certain publicsafety officer investigation records; ex-ceptions

INSPECTION OF PUBLIC RECORDS192.410 Definitions for ORS 192.410 to 192.505192.420 Right to inspect public records; notice to

public body attorney192.423 Condensation of public record subject to

disclosure; petition to review denial ofright to inspect public record; adequacyof condensation

192.430 Functions of custodian of public records;rules

192.435 Disclosure of information pertaining tohome care worker, operator of child carefacility, exempt child care provider or op-erator of adult foster home

192.437 Contents of certain requests for disclosure192.440 Copies or inspection of public records;

written response by public body; fees;waiver or reduction; procedure for recordsrequests

192.445 Nondisclosure on request of home ad-dress, home telephone number and elec-tronic mail address; rules of procedure;duration of effect of request; liability;when not applicable

192.447 Nondisclosure of public employee identifi-cation badge or card

192.448 Nondisclosure of concealed handgun li-cense records or information; exceptions;limitations; rules

192.450 Petition to review denial of right to in-spect state public record; appeal from de-cision of Attorney General denyinginspection; records of health professionalregulatory boards

192.460 Procedure to review denial of right to in-spect other public records; effect of dis-closure

192.465 Effect of failure of Attorney General, dis-trict attorney or elected official to taketimely action on inspection petition

192.470 Petition form; procedure when petitionreceived

192.480 Procedure to review denial by elected of-ficial of right to inspect public records

192.490 Court authority in reviewing action deny-ing right to inspect public records; dock-eting; costs and attorney fees

192.493 Health services costs192.495 Inspection of records more than 25 years

old192.496 Medical records; sealed records; records

of individual in custody or under super-vision; student records

192.497 Immunity from liability for disclosure ofcertain personal information; recovery ofcosts

Title 19 (2015 Edition)

MISCELLANEOUS MATTERS

192.501 Public records conditionally exempt fromdisclosure

192.502 Other public records exempt from disclo-sure

192.504 Required redaction of certain personal in-formation

192.505 Exempt and nonexempt public record tobe separated

RECORDS OF INDIVIDUAL WITHDISABILITY OR MENTAL ILLNESS

192.515 Definitions for ORS 192.515 and 192.517192.517 Access to records of individual with disa-

bility or individual with mental illness

GENETIC PRIVACY192.531 Definitions for ORS 192.531 to 192.549192.533 Legislative findings; purposes192.535 Informed consent for obtaining genetic

information192.537 Individual’s rights in genetic information;

retention of information; destruction ofinformation

192.538 Notice by health care provider regardinganonymous or coded research

192.539 Disclosure of genetic information; excep-tions

192.540 Use of deceased individual’s DNA sampleor genetic information for research

192.541 Private right of action; remedies; affirma-tive defense; attorney fees

192.543 Criminal penalty192.545 Enforcement; Attorney General or district

attorney; intervention192.547 Oregon Health Authority rules; proce-

dures192.549 Advisory Committee on Genetic Privacy

and Research

PROTECTED HEALTH INFORMATION192.553 Policy for protected health information192.556 Definitions for ORS 192.553 to 192.581192.558 Use or disclosure by health care provider

or state health plan192.561 Disclosure by health care provider in co-

ordinated care organization192.563 Health care provider and state health plan

charges192.566 Authorization form192.567 Disclosure without authorization form192.568 Confidentiality; use and disclosure192.571 No right of action192.573 Personal representative of deceased indi-

vidual192.576 Disclosure to individual appealing denial

of Social Security benefits192.579 Allowed disclosure for coordinating care192.581 Allowed retention or disclosure of genetic

information

PRIVATE FINANCIAL RECORDS192.583 Definitions for ORS 192.583 to 192.607192.586 Disclosure of financial records prohibited;

exceptions

192.588 Disclosure to Department of Human Ser-vices or Oregon Health Authority; proce-dure; limitations

192.589 Financial institution records of deceasedindividual; disclosure to Department ofHuman Services or Oregon Health Au-thority; procedure

192.591 Disclosure to state court; procedure; lim-itations

192.593 Authorization by customer for disclosure192.596 Disclosure under summons or subpoena;

procedure192.597 Disclosure pursuant to abuse investi-

gation; procedure; liability; affidavit192.598 Disclosure under search warrant192.600 Liability of financial institution for dis-

closure192.602 Time for compliance; reimbursement; ex-

ceptions192.603 Procedure for disclosure to law enforce-

ment agency192.605 Charges for participation in attorney trust

account overdraft notification program192.606 Civil liability for violation of ORS 192.583

to 192.607; attorney fees; status of evi-dence obtained in violation

192.607 Severability

PUBLIC MEETINGS192.610 Definitions for ORS 192.610 to 192.690192.620 Policy192.630 Meetings of governing body to be open to

public; location of meetings; accommo-dation for person with disability; inter-preters

192.640 Public notice required; special notice forexecutive sessions, special or emergencymeetings

192.650 Recording or written minutes required;content; fees

192.660 Executive sessions permitted on certainmatters; procedures; news mediarepresentatives’ attendance; limits

192.670 Meetings by means of telephone or elec-tronic communication

192.672 State board or commission meetingsthrough telephone or electronic means;compensation and reimbursement

192.680 Enforcement of ORS 192.610 to 192.690; ef-fect of violation on validity of decision ofgoverning body; liability of members

192.685 Additional enforcement of alleged vio-lations of ORS 192.660

192.690 Exceptions to ORS 192.610 to 192.690192.695 Prima facie evidence of violation required

of plaintiff

UNIFORM ELECTRONIC LEGAL MATERIAL ACT

192.715 Short title192.720 Definitions for ORS 192.715 to 192.760192.725 Electronic record as official record192.730 Authentication of electronic official re-

cord192.735 Evidentiary rules concerning authenti-

cated electronic record


RECORDS; REPORTS AND MEETINGS

192.740 Preservation and security of electronicofficial record

192.745 Availability for public use192.750 Implementation; considerations192.755 Uniform construction192.760 Relationship of ORS 192.715 to 192.760 to

federal law

FINANCIAL INSTITUTION RECORD DISCLOSURES

192.800 Definitions for ORS 192.800 to 192.810192.805 Reimbursement required prior to disclo-

sure; charges192.810 Applicability of ORS 192.805

ADDRESS CONFIDENTIALITY PROGRAM192.820 Definitions for ORS 192.820 to 192.868192.822 Address Confidentiality Program; substi-

tute addresses192.826 Application for participation in program;

certification of participation; authori-zation card; rules

192.828 Prohibitions; civil penalty

192.832 Notice of change in name, address ortelephone number

192.834 Cancellation of certification192.836 Use of substitute address; waiver of re-

quirement192.842 Use of actual or substitute address in

specified circumstances192.844 Prohibition on disclosure of actual address

or telephone number by public body192.846 Records of Department of Transportation;

substitute address192.848 When Attorney General may disclose ac-

tual address or telephone number192.852 Prohibition on obtaining actual address

or telephone number; prohibition on dis-closure by employee of public body

192.854 Application assistants; application assist-ance not legal advice

192.856 Additional response time for notice orother paper

192.858 Disclosures to participants192.860 Rules192.865 Criminal penalty192.868 Grants, donations and gifts


MISCELLANEOUS MATTERS


RECORDS; REPORTS AND MEETINGS 192.015

PUBLIC RECORDS POLICY192.001 Policy concerning public re-

cords. (1) The Legislative Assembly findsthat:

(a) The records of the state and its poli-tical subdivisions are so interrelated and in-terdependent that the decision as to whatrecords are retained or destroyed is a matterof statewide public policy.

(b) The interest and concern of citizensin public records recognizes no jurisdictionalboundaries and extends to such recordswherever they may be found in Oregon.

(c) As local programs become increas-ingly intergovernmental, the state and itspolitical subdivisions have a responsibility toensure orderly retention and destruction ofall public records, whether current or non-current, and to ensure the preservation ofpublic records of value for administrative,legal and research purposes.

(2) The purpose of ORS 192.005 to 192.170and 357.805 to 357.895 is to provide directionfor the retention or destruction of public re-cords in Oregon in order to ensure the re-tention of records essential to meet the needsof the Legislative Assembly, the state, itspolitical subdivisions and its citizens, insofaras the records affect the administration ofgovernment, legal rights and responsibilities,and the accumulation of information of valuefor research purposes of all kinds, and in or-der to ensure the prompt destruction of re-cords without continuing value. All recordsnot included in types described in this sub-section shall be destroyed in accordance withrules adopted by the Secretary of State. [1973c.439 §1; 1991 c.671 §3; 2015 c.27 §18]

ARCHIVING OF PUBLIC RECORDS192.005 Definitions for ORS 192.005 to

192.170. As used in ORS 192.005 to 192.170,unless the context requires otherwise:

(1) “Archivist” means the StateArchivist.

(2) “Photocopy” includes a photograph,microphotograph and any other reproductionon paper or film in any scale.

(3) “Photocopying” means the process ofreproducing, in the form of a photocopy, apublic record or writing.

(4) “Political subdivision” means a city,county, district or any other municipal orpublic corporation in this state.

(5) “Public record”:(a) Means any information that:(A) Is prepared, owned, used or retained

by a state agency or political subdivision;

(B) Relates to an activity, transaction orfunction of a state agency or political subdi-vision; and

(C) Is necessary to satisfy the fiscal, le-gal, administrative or historical policies, re-quirements or needs of the state agency orpolitical subdivision.

(b) Does not include:(A) Records of the Legislative Assembly,

its committees, officers and employees.(B) Library and museum materials made

or acquired and preserved solely for refer-ence or exhibition purposes.

(C) Records or information concerningthe location of archaeological sites or objectsas those terms are defined in ORS 358.905.

(D) Extra copies of a document, pre-served only for convenience of reference.

(E) A stock of publications.(F) Messages on voice mail or on other

telephone message storage and retrieval sys-tems.

(G) Records of the Judicial Departmentor its officers and employees.

(H) Spoken communication that is notrecorded.

(6) “State agency”:(a) Means any state officer, department,

board or commission created by the Consti-tution or statutes of this state.

(b) Does not include:(A) The Legislative Assembly or its com-

mittees, officers and employees; or(B) The Judicial Department or its offi-

cers and employees. [1961 c.160 §2; 1965 c.302 §1;1983 c.620 §11; 1989 c.16 §1; 1999 c.55 §1; 1999 c.140 §1;2011 c.645 §1]

192.010 [Repealed by 1973 c.794 §34]

192.015 Secretary of State as publicrecords administrator. The Secretary ofState is the public records administrator ofthis state, and it is the responsibility of thesecretary to obtain and maintain uniformityin the application, operation and interpreta-tion of the public records laws. [1973 c.439 §2]

Note: Section 1, chapter 413, Oregon Laws 2015,provides:

Sec. 1. Public records performance audit. (1)As used in this section:

(a) “Performance audit” has the meaning given thatterm in ORS 297.070.

(b) “State agency” has the meaning given that termin ORS 192.410.

(2) The Secretary of State shall conduct a perform-ance audit examining state agency retention and dis-closure practices concerning public records and requestsfor public records.

(3) The performance audit shall examine a samplingof state agencies as determined by the Secretary ofState that includes large agencies with more than 500full-time equivalent employees, medium agencies with


192.018 MISCELLANEOUS MATTERS

between 51 and 500 full-time equivalent employees andsmall agencies with 50 or fewer full-time equivalentemployees.

(4) The performance audit shall examine, reportand make recommendations regarding:

(a) State agency practices and procedures for:

(A) Receiving public records requests, identifyingthe existence of records responsive to requests andgathering and disclosing responsive records;

(B) Managing record retention and the categori-zation and storage of records;

(C) Determining fee estimates and imposing orwaiving fees under ORS 192.440;

(D) Determining and applying exemptions from re-quired disclosure of public records;

(E) Managing workload, cost, timeliness, accuracyand completeness in responding to public records re-quests;

(F) Training and assigning responsibility for recordretention management and record request processing;and

(G) Training and establishing guidelines concerningthe use or creation of electronic mail, text messaging,instant messaging and other forms of electronic com-munication through which users create online commu-nities to share information, messages and other content,as related to the public records laws;

(b) Consistency among state agencies in complyingwith public records laws;

(c) Issues that may produce unnecessary costs orinconsistencies among state agencies in administeringand interpreting public records laws;

(d) Best practices for complying with public recordslaws in a timely and efficient manner; and

(e) Use of technology for retaining and managingpublic records and for responding to public records re-quests.

(5) The Secretary of State may contact public re-cords requesters to determine requester satisfaction withagency responses.

(6) The Secretary of State shall submit the auditreport as prescribed in ORS 297.050, on or before No-vember 20, 2015. A copy of the report shall also besubmitted to the Governor. [2015 c.413 §1]

192.018 Written policies on use, re-tention and ownership of public records;State Archivist approval. (1) Each stateagency shall have a written policy that setsforth the agency’s use, retention and owner-ship of public records. The policy shall en-sure that public records are beingmaintained and managed consistently withinthe agency from the time of creation of apublic record to the time of final dispositionof the public record.

(2) Each state agency shall submit thewritten policy and any subsequent amend-ment of the policy to the State Archivist forapproval before the policy takes effect or theamendment to the policy takes effect. [2011c.645 §3]

192.020 [Repealed by 1973 c.794 §34]

192.030 [Amended by 1961 c.160 §4; repealed by 1973c.794 §34]

192.040 Making, filing and recordingrecords by photocopying. A state agencyor political subdivision making public re-cords or receiving and filing or recordingpublic records, may do such making or re-ceiving and filing or recording by means ofphotocopying. Such photocopying shall, ex-cept for records which are treated as confi-dential pursuant to law, be made, assembledand indexed, in lieu of any other methodprovided by law, in such manner as the gov-erning body of the state agency or politicalsubdivision considers appropriate. [Amended by1961 c.160 §5]

192.050 Copying records; evidentiaryeffect. A state agency or political subdivi-sion may, with the approval of the properbudgetary authority, cause any public re-cords in its official custody to be photocopiedor captured by digital imaging system as inthe case of original filings or recordings orrecorded by means of analog or digital audioand video tape technology. Each photocopy,digital image and analog or digital audio andvideo tape shall be made in accordance withthe appropriate standard as determined bythe State Archivist. Every such reproductionshall be deemed an original; and a transcript,exemplification or certified copy of any suchreproduction shall be deemed a transcript,exemplification or certified copy, as the casemay be, of the original. [Amended by 1961 c.160§6; 1991 c.671 §4]

192.060 Indexing and filing copied re-cords. All photocopies, digital images andanalog or digital audio and video tapes madeunder ORS 192.040 and 192.050 shall beproperly indexed and placed in convenientlyaccessible files. Each roll of microfilm shallbe deemed a book or volume and shall bedesignated and numbered and provision shallbe made for preserving, examining and usingthe same. [Amended by 1961 c.160 §7; 1991 c.671 §5]

192.070 Duplicate rolls of microfilmrequired; delivery to State Archivist. Aduplicate of every roll of microfilm of docu-ments recorded pursuant to law and the in-dexes therefor shall be made and kept safely.The State Archivist upon request may, pur-suant to ORS 357.865, accept for safekeepingthe duplicate microfilm. [Amended by 1961 c.160§8]

192.072 State Archivist performingmicrofilm services for public body. Uponthe request of a public body as defined byORS 174.109, the State Archivist may per-form microfilm services for the public body.The public body shall pay the cost of render-ing the microfilm services to the StateArchivist. The State Archivist shall depositmoneys received under this section with theState Treasurer, who shall give a receipt forthe moneys. All moneys deposited under this



section are continuously appropriated for thepayment of expenses incurred by the Secre-tary of State in the administration of the of-fice of the State Archivist. [1955 c.87 §1; 1961c.172 §3; 1973 c.439 §8; 2003 c.803 §3]

192.074 [1955 c.87 §2; repealed by 1961 c.172 §7]192.076 [1955 c.87 §3; repealed by 1961 c.172 §7]192.080 [Amended by 1961 c.160 §9; repealed by 1971

c.508 §4]192.090 [Repealed by 1961 c.160 §24]192.100 [Repealed by 1961 c.160 §24]

192.105 State Archivist authorizationfor state officials to dispose of records;legislative records excepted; local gov-ernment policy on disposing of public re-cords; limitations; records officer;standards for State Records Center. (1)Except as otherwise provided by law, theState Archivist may grant to public officialsof the state or any political subdivision spe-cific or continuing authorization for the re-tention or disposition of public records thatare in their custody, after the records havebeen in existence for a specified period oftime. In granting such authorization, theState Archivist shall consider the value ofthe public records for legal, administrativeor research purposes and shall establishrules for procedure for the retention or dis-position of the public records.

(2)(a) The State Archivist shall provideinstructions and forms for obtaining authori-zation. Upon receipt of an authorization orupon the effective date of the applicable rule,a state official who has public records incustody shall destroy or otherwise dispose ofthose records that are older than the speci-fied period of retention established by theauthorization or rule. An official of a localgovernment may destroy such records if suchdestruction is consistent with the policy ofthe local government. No record of accountsor financial affairs subject to audit shall bedestroyed until released for destruction bythe responsible auditor or representative ofthe auditor. If federal funds are involved, re-cords retention requirements of the UnitedStates Government must be observed. Eachstate agency and political subdivision shalldesignate a records officer to coordinate itsrecords management program and to serveas liaison with the State Archivist. Thecounty records officers for the purposes ofORS 192.001, 192.050, 192.060, 192.105,192.130, 357.825, 357.835 and 357.875 shall bethose officers identified in ORS 205.110. TheState Archivist shall require periodic reportsfrom records officers about records manage-ment programs. The State Archivist may re-quire state agency records designated asinactive by the State Archivist to be trans-ferred to the State Records Center, pendingthe availability of space.

(b) The State Archivist shall determinewhich parts of a public record are acceptablefor admission to the State Records Centerand may require the state agency or govern-ing body to cause the unacceptable part tobe removed before the record is submitted tothe State Records Center.

(3) Authorizations granted prior to Janu-ary 1, 1978, by any state agency, the StateArchivist, or any board of county commis-sioners, to state agencies, schools, schooldistricts, soil and water conservation dis-tricts, or county officials and offices shallremain in effect until they are adopted oramended by the State Archivist.

(4) This section does not apply to legisla-tive records, as defined in ORS 171.410. [1953c.224 §1; 1961 c.160 §10; subsection (3) enacted as 1961c.150 §5; 1971 c.508 §1; 1977 c.146 §1; 1991 c.671 §6; 1993c.660 §1; 1999 c.59 §43; 2003 c.255 §1; 2003 c.803 §10]

192.108 Retention schedules. Each stateagency or political subdivision shall maintaina public record or accurate copy of a publicrecord in accordance with a retention sched-ule authorized under ORS 192.018 or 192.105,without regard to the technology or mediumused to create or communicate the record.[2011 c.645 §4]

192.110 [Amended by 1961 c.160 §11; repealed by1971 c.508 §4]

192.120 [Repealed by 1971 c.508 §4]

192.130 Disposition of valueless re-cords in custody of State Archivist; no-tice prior to disposition. If the StateArchivist determines that any public recordsof a state agency or political subdivision inthe official custody of the State Archivistprove to have insufficient administrative, le-gal or research value to warrant permanentpreservation, the State Archivist shall sub-mit a statement or summary thereof to therecords officer of the state agency or poli-tical subdivision, or successor agency orbody, certifying the type and nature thereofand giving prior notification of the de-struction. [Amended by 1961 c.160 §12; 1971 c.508 §2;1991 c.671 §7]




192.170 Disposition of materials with-out authorization. The destruction or otherdisposal of the following materials do not re-quire specific authorization:

(1) Inquiries and requests from the publicand answers thereto not required by law tobe preserved or not required as evidence ofa public or private legal right or liability.

(2) Public records which are duplicatesby reason of their having been photocopied.



(3) Letters of transmittal and acknowl-edgment, advertising, announcements andcorrespondence or notes pertaining to reser-vations of accommodations or scheduling ofpersonal visits or appearances. [Amended by1961 c.160 §16; 1971 c.508 §3]

192.190 [1983 c.232 §1; repealed by 2015 c.277 §15]

PUBLIC REPORTS(Standardized Form)

192.210 Definitions for ORS 192.210and 192.220. As used in ORS 192.210 and192.220, unless the context requires other-wise:

(1) “Issuing agency” means:(a) Every state officer, board, commis-

sion, department, institution, branch oragency of state government whose costs arepaid from public funds and includes the Leg-islative Assembly, the officers and commit-tees thereof, and the courts and the officersand committees thereof; or

(b) Any county, special district, schooldistrict or public or quasi-public corporation.

(2) “Printing” includes any form of re-producing written material.

(3) “Report” means any report or otherpublication of an issuing agency that is re-quired by law to be submitted to the publicor to a receiving agency.

(4) “Receiving agency” means any stateofficer or state board, commission, depart-ment, institution or agency or branch ofgovernment that is required by law to re-ceive any report from an issuing agency. Ifthe branch of government is the LegislativeAssembly, the receiving agency is the Legis-lative Administration Committee and if thebranch is the judicial branch, the receivingagency is the Supreme Court. [1969 c.456 §1; 1971c.638 §11]

192.220 Standardized report forms; ex-emptions. (1) Except where form and fre-quency of reports are specified by law, everyreceiving agency shall prescribe by rulestandardized forms for all reports and shallfix the frequency with which reports shall besubmitted.

(2) Receiving agencies in the executiveor administrative branch of government shallconsult with the Oregon Department of Ad-ministrative Services in preparing rules un-der this section.

(3) With the consent of the Governor, areceiving agency in the executive or admin-istrative branch may exempt any issuingagency from the requirements imposed undersubsection (1) of this section. The LegislativeAdministration Committee may exempt anyissuing agency from such requirements forany report required to be submitted to the

Legislative Assembly. The Supreme Courtmay exempt any issuing agency from suchrequirements for any report required to besubmitted to the courts. [1969 c.456 §2; 1971 c.638§12]

(Policy; Compliance)192.230 Definitions for ORS 192.235 to

192.245. As used in ORS 192.235 to 192.245:(1) “Report” means informational matter

that is published as an individual documentat state expense or as required by law. “Re-port” does not include documents preparedstrictly for agency administrative or opera-tional purposes.

(2) “State agency” has the meaning giventhat term in ORS 192.410. [1991 c.842 §1; 2001c.153 §1]

Note: 192.230 to 192.250 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 192 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

192.235 Policy for ORS 192.230 to192.250. (1) The Legislative Assembly findsthat:

(a) Many state agency reports are pub-lished for reasons that are historical and nolonger based on the public’s need to be in-formed.

(b) The format of many state agency re-ports is not economical or well suited toproviding needed information in easily un-derstandable form.

(c) State agency reports containing infor-mation that is useful but not to the generalpublic should be placed on a self-supportingschedule.

(2) It is the policy of the Legislative As-sembly to encourage state agencies to informthe public, the Legislative Assembly and theGovernor of matters of public interest andconcern. It is further the policy of this stateto guarantee to its citizens the right to knowabout the activities of their government, tobenefit from the information developed bystate agencies at public expense and to enjoyequal access to the information services ofstate agencies. It is further state policy toencourage agencies to consider whetherneeded information is most effectively andeconomically presented by means of printedreports. [1991 c.842 §2]

Note: See note under 192.230.

192.240 Duties of state agency issuingreport. To comply with the state policy re-lating to reports outlined in ORS 192.235, astate agency shall do the following:

(1) Use electronic communications when-ever the agency determines that such usereduces cost and still provides public accessto information.



(2) Whenever possible, use standard8-1/2-by-11-inch paper printed on both sidesof the sheet and use recycled paper, as de-fined in ORS 279A.010 and rules adoptedpursuant thereto.

(3) Insure that public documents are fur-nished to the State Librarian, as required inORS 357.090. [1991 c.842 §3; 1995 c.69 §10; 2003 c.794§212]


192.243 Availability of report onInternet; rules. (1) In accordance with rulesadopted by the Oregon Department of Ad-ministrative Services and to reduce theamount of paper used by state agencies, byJune 30, 2005, each state agency shall makeavailable on the Internet any report that thestate agency is required by law to publish. Ifa statute or rule requires a state agency toissue a printed report, that requirement issatisfied if the state agency makes the reportavailable on the Internet. A state agencymay issue printed copies of a report uponrequest.

(2) The Oregon Department of Adminis-trative Services shall adopt rules in accor-dance with subsection (1) of this sectionrequiring each state agency to make avail-able on the Internet any report that the stateagency is required by law to publish.

(3) This section may not be construed torequire the disclosure of a public record thatis exempt from disclosure under ORS 192.410to 192.505 or other law. [2001 c.153 §3]


192.245 Form of report to legislature.(1) Whenever a law of this state requires awritten report be submitted to the Legisla-tive Assembly, the requirement shall be metby distribution of an executive summary ofno more than two pages sent to every mem-ber of the Legislative Assembly by electronicmail and one copy of the report to the Leg-islative Administrator. This requirement doesnot preclude providing a copy of any reportto a specific legislative committee if requiredby law. The requirements of this subsectionare not met if the executive summary is dis-tributed to members of the Legislative As-sembly in paper format.

(2) The executive summary described insubsection (1) of this section shall include anexplanation of how a member of the Legisla-tive Assembly may obtain a copy of the re-port. If the report is also available on theInternet, the executive summary shall in-clude the online location of the report.

(3) Notwithstanding subsection (1) of thissection, if a member of the Legislative As-sembly requests a paper copy of a report orexecutive summary, the agency or other en-tity responsible for submitting the report or

executive summary to the Legislative As-sembly shall supply a paper copy of the re-port or executive summary to the member.[1991 c.842 §4; 2009 c.416 §1; 2011 c.380 §1]


192.250 Director of Oregon Depart-ment of Administrative Services to re-port to legislature on ORS 192.230 to192.250. The Director of the Oregon Depart-ment of Administrative Services shall reportto the Legislative Assembly by appearing atleast once during each biennium before theappropriate interim committees designated bythe Speaker of the House of Representativesand the President of the Senate. The directorshall testify as to the effectiveness of ORS171.206, 192.230 to 192.250 and 292.956, in-cluding any cost savings realized or projectedand any recommendations for further legisla-tive action. [1991 c.842 §5; 2003 c.803 §4]


(Distribution)192.270 Definitions for ORS 192.270

and 192.275. As used in ORS 192.270 and192.275:

(1) “Public” does not include any stateofficer or board, commission, committee, de-partment, institution, branch or agency ofstate government to which a report is spe-cifically required by law to be submitted butdoes include any such to which a copy issent for general informational purposes or asa courtesy.

(2) “Report” means informational matterpublished as a report or other document bya state agency but does not include an orderas defined in ORS 183.310.

(3) “State agency” means any state offi-cer or board, commission, department, insti-tution or agency of the executive,administrative or legislative branches ofstate government. [1993 c.181 §1]

Note: 192.270 and 192.275 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 192 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

192.275 Notice when report required;content; effect. Notwithstanding ORS192.230 to 192.245, if any state or federal lawrequires a state agency to send, mail or sub-mit a report to the public, the state agencymay meet this requirement by mailing noticeof the report to the public. The notice shallstate that if the recipient returns an at-tached or enclosed postcard to the stateagency, the state agency will supply a copyof the report. The postcard may contain acheckoff to indicate whether the personwants to continue receiving a copy of com-plete reports. [1993 c.181 §2]




RECORDS AND REPORTS IN ENGLISH192.310 Records and reports required

by law to be in English. (1) With the ex-ception of prescriptions, all records, reportsand proceedings required to be kept by lawshall be in the English language or in a ma-chine language capable of being converted tothe English language by a data processingdevice or computer.

(2) Violation of this section is a Class Cmisdemeanor. [1971 c.743 §294; 2014 c.45 §32]

PUBLIC SAFETY INVESTIGATIONRECORDS

192.405 Prohibition on disclosure ofcertain public safety officer investigationrecords; exceptions. (1) As used in thissection:

(a) “Law enforcement unit” has themeaning given that term in ORS 181A.355.

(b) “Public body” has the meaning giventhat term in ORS 192.410.

(c) “Public safety officer” has the mean-ing given that term in ORS 181A.355.

(2) A public body may not disclose audioor video records of internal investigationinterviews of public safety officers.

(3) Subsection (2) of this section does notprohibit disclosure of the records describedin subsection (2) of this section to:

(a) A law enforcement unit for purposesof the investigation;

(b) An attorney representing a publicsafety officer who is the subject of the in-vestigation;

(c) The Department of Public SafetyStandards and Training as required by ORS181A.670;

(d) A district attorney, as defined in ORS131.005;

(e) A public safety officer who is thesubject of the investigation;

(f) An attorney for a defendant in acriminal proceeding related to the investi-gation, for use in preparation for the crimi-nal proceeding;

(g) A labor organization, as defined inORS 243.650, for use in an action by an em-ployer against a member of the labor organ-ization for the purpose of punishing themember;

(h) A public body responsible for civilianoversight or a citizen review body designatedby the public body for the purposes of fulfill-ing the investigative and oversight functionsof the body;

(i) A federal law enforcement agency forpurposes of the investigation; or

(j) The Attorney General.(4) The disclosure of records under sub-

section (3) of this section does not make therecords subject to further disclosure. [2011c.485 §1]

Note: 192.405 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 192 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

INSPECTION OF PUBLIC RECORDS192.410 Definitions for ORS 192.410 to

192.505. As used in ORS 192.410 to 192.505:(1) “Custodian” means:(a) The person described in ORS 7.110 for

purposes of court records; or(b) A public body mandated, directly or

indirectly, to create, maintain, care for orcontrol a public record. “Custodian” doesnot include a public body that has custodyof a public record as an agent of anotherpublic body that is the custodian unless thepublic record is not otherwise available.

(2) “Person” includes any natural person,corporation, partnership, firm, association ormember or committee of the Legislative As-sembly.

(3) “Public body” includes every state of-ficer, agency, department, division, bureau,board and commission; every county and citygoverning body, school district, special dis-trict, municipal corporation, and any board,department, commission, council, or agencythereof; and any other public agency of thisstate.

(4)(a) “Public record” includes any writ-ing that contains information relating to theconduct of the public’s business, includingbut not limited to court records, mortgages,and deed records, prepared, owned, used orretained by a public body regardless of phys-ical form or characteristics.

(b) “Public record” does not include anywriting that does not relate to the conductof the public’s business and that is containedon a privately owned computer.

(5) “State agency” means any state offi-cer, department, board, commission or courtcreated by the Constitution or statutes ofthis state but does not include the Legisla-tive Assembly or its members, committees,officers or employees insofar as they are ex-empt under section 9, Article IV of the Ore-gon Constitution.

(6) “Writing” means handwriting, type-writing, printing, photographing and everymeans of recording, including letters, words,pictures, sounds, or symbols, or combinationthereof, and all papers, maps, files, facsimilesor electronic recordings. [1973 c.794 §2; 1989 c.377§1; 1993 c.787 §4; 2001 c.237 §1; 2005 c.659 §4]



192.420 Right to inspect public re-cords; notice to public body attorney. (1)Every person has a right to inspect any pub-lic record of a public body in this state, ex-cept as otherwise expressly provided by ORS192.501 to 192.505.

(2)(a) If a person who is a party to a civiljudicial proceeding to which a public body isa party, or who has filed a notice under ORS30.275 (5)(a), asks to inspect or to receive acopy of a public record that the personknows relates to the proceeding or notice,the person must submit the request in writ-ing to the custodian and, at the same time,to the attorney for the public body.

(b) For purposes of this subsection:(A) The attorney for a state agency is the

Attorney General in Salem.(B) “Person” includes a representative or

agent of the person. [1973 c.794 §3; 1999 c.574 §1;2003 c.403 §1]

192.423 Condensation of public recordsubject to disclosure; petition to reviewdenial of right to inspect public record;adequacy of condensation. (1) When apublic record is subject to disclosure underORS 192.502 (9)(b), in lieu of making thepublic record available for inspection by pro-viding a copy of the record, the public bodymay prepare and release a condensation fromthe record of the significant facts that arenot otherwise exempt from disclosure underORS 192.410 to 192.505. The release of thecondensation does not waive any privilegeunder ORS 40.225 to 40.295.

(2) The person seeking to inspect or re-ceive a copy of any public record for whicha condensation of facts has been providedunder this section may petition for review ofthe denial to inspect or receive a copy of therecords under ORS 192.410 to 192.505. Insuch a review, the Attorney General, districtattorney or court shall, in addition to re-viewing the records to which access was de-nied, compare those records to thecondensation to determine whether thecondensation adequately describes the signif-icant facts contained in the records. [2007 c.513§2]

Note: 192.423 was added to and made a part of192.410 to 192.505 by legislative action but was notadded to any smaller series therein. See Preface to Or-egon Revised Statutes for further explanation.

192.430 Functions of custodian of pub-lic records; rules. (1) The custodian of anypublic records, including public recordsmaintained in machine readable or electronicform, unless otherwise expressly provided bystatute, shall furnish proper and reasonableopportunities for inspection and examinationof the records in the office of the custodianand reasonable facilities for making memo-

randa or abstracts therefrom, during theusual business hours, to all persons havingoccasion to make examination of them. If thepublic record is maintained in machine read-able or electronic form, the custodian shallfurnish proper and reasonable opportunity toassure access.

(2) The custodian of the records mayadopt reasonable rules necessary for the pro-tection of the records and to prevent inter-ference with the regular discharge of dutiesof the custodian. [1973 c.794 §4; 1989 c.546 §1]

192.435 Disclosure of information per-taining to home care worker, operator ofchild care facility, exempt child care pro-vider or operator of adult foster home. (1)Upon compliance with ORS 192.437, a publicbody that is the custodian of or is otherwisein possession of the following informationpertaining to a home care worker as definedin ORS 410.600, an operator of a child carefacility as defined in ORS 329A.250, an ex-empt family child care provider as defined inORS 329A.430 or an operator of an adultfoster home as defined in ORS 443.705 shalldisclose that information in response to arequest to inspect public records under ORS192.410 to 192.505:

(a) Residential address and telephonenumbers;

(b) Personal electronic mail addressesand personal cellular telephone numbers;

(c) Social Security numbers andemployer-issued identification card numbers;and

(d) Emergency contact information.(2) Subsection (1) of this section does not

apply to the Judicial Department or the De-partment of Transportation or to any recordsin the custody of the Judicial Department orthe Department of Transportation. [2015 c.26§3; 2015 c.805 §2]


192.437 Contents of certain requestsfor disclosure. (1) A request for the disclo-sure of records described in ORS 192.435 or192.502 (3) must include the following infor-mation:

(a) The names of the individuals forwhom personal information is sought;

(b) A statement describing the personalinformation being sought; and

(c) A statement that satisfies subsection(2) of this section.

(2) The party seeking disclosure shallshow by clear and convincing evidence thatthe public interest requires disclosure in aparticular instance.



(3) Upon receiving a request described insubsection (1) of this section, a public bodyshall forward a copy of the request and anymaterials submitted with the request to theindividuals whose personal information isbeing sought or to any representatives ofeach class of persons whose personal infor-mation is the subject of the request.

(4) For purposes of subsection (3) of thissection, the public body has sole discretionto determine the classes of persons whosepersonal information is the subject of the re-quest and to identify the representatives foreach class.

(5) The public body may not disclose in-formation pursuant to the request for at leastseven days after forwarding copies of the re-quest under subsection (3) of this section.

(6) The public body shall consider all in-formation submitted under this section andshall disclose requested information only ifthe public body determines that the partyseeking disclosure has demonstrated by clearand convincing evidence that the public in-terest requires disclosure in a particular in-stance. [2015 c.805 §3]


192.440 Copies or inspection of publicrecords; written response by public body;fees; waiver or reduction; procedure forrecords requests. (1) The custodian of anypublic record that a person has a right toinspect shall give the person, upon request:

(a) A copy of the public record if thepublic record is of a nature permitting copy-ing; or

(b) A reasonable opportunity to inspector copy the public record.

(2) If a person makes a written requestto inspect a public record or to receive acopy of a public record, the public body re-ceiving the request shall respond as soon aspracticable and without unreasonable delay.The public body may request additional in-formation or clarification from the requesterfor the purpose of expediting the publicbody’s response to the request. The responseof the public body must acknowledge receiptof the request and must include one of thefollowing:

(a) A statement that the public body doesnot possess, or is not the custodian of, thepublic record.

(b) Copies of all requested public recordsfor which the public body does not claim anexemption from disclosure under ORS 192.410to 192.505.

(c) A statement that the public body isthe custodian of at least some of the re-

quested public records, an estimate of thetime the public body requires before thepublic records may be inspected or copies ofthe records will be provided and an estimateof the fees that the requester must pay undersubsection (4) of this section as a conditionof receiving the public records.

(d) A statement that the public body isthe custodian of at least some of the re-quested public records and that an estimateof the time and fees for disclosure of thepublic records will be provided by the publicbody within a reasonable time.

(e) A statement that the public body isuncertain whether the public body possessesthe public record and that the public bodywill search for the record and make an ap-propriate response as soon as practicable.

(f) A statement that state or federal lawprohibits the public body from acknowledgingwhether the record exists or that acknowl-edging whether the record exists would re-sult in the loss of federal benefits or othersanction. A statement under this paragraphmust include a citation to the state or fed-eral law relied upon by the public body.

(3) If the public record is maintained ina machine readable or electronic form, thecustodian shall provide a copy of the publicrecord in the form requested, if available. Ifthe public record is not available in the formrequested, the custodian shall make the pub-lic record available in the form in which thecustodian maintains the public record.

(4)(a) The public body may establish feesreasonably calculated to reimburse the publicbody for the public body’s actual cost ofmaking public records available, includingcosts for summarizing, compiling or tailoringthe public records, either in organization ormedia, to meet the person’s request.

(b) The public body may include in a feeestablished under paragraph (a) of this sub-section the cost of time spent by an attorneyfor the public body in reviewing the publicrecords, redacting material from the publicrecords or segregating the public recordsinto exempt and nonexempt records. Thepublic body may not include in a fee estab-lished under paragraph (a) of this subsectionthe cost of time spent by an attorney for thepublic body in determining the application ofthe provisions of ORS 192.410 to 192.505.

(c) The public body may not establish afee greater than $25 under this section un-less the public body first provides therequestor with a written notification of theestimated amount of the fee and therequestor confirms that the requestor wantsthe public body to proceed with making thepublic record available.



(d) Notwithstanding paragraphs (a) to (c)of this subsection, when the public recordsare those filed with the Secretary of Stateunder ORS chapter 79 or ORS 80.100 to80.130, the fees for furnishing copies, sum-maries or compilations of the public recordsare those established by the Secretary ofState by rule, under ORS chapter 79 or ORS80.100 to 80.130.

(5) The custodian of any public recordmay furnish copies without charge or at asubstantially reduced fee if the custodian de-termines that the waiver or reduction of feesis in the public interest because making therecord available primarily benefits the gen-eral public.

(6) A person who believes that there hasbeen an unreasonable denial of a fee waiveror fee reduction may petition the AttorneyGeneral or the district attorney in the samemanner as a person petitions when inspec-tion of a public record is denied under ORS192.410 to 192.505. The Attorney General, thedistrict attorney and the court have the sameauthority in instances when a fee waiver orreduction is denied as it has when inspectionof a public record is denied.

(7) A public body shall make available tothe public a written procedure for makingpublic record requests that includes:

(a) The name of one or more persons towhom public record requests may be sent,with addresses; and

(b) The amounts of and the manner ofcalculating fees that the public body chargesfor responding to requests for public records.

(8) This section does not apply to signa-tures of individuals submitted under ORSchapter 247 for purposes of registering tovote as provided in ORS 247.973. [1973 c.794§5; 1979 c.548 §4; 1989 c.111 §12; 1989 c.377 §2; 1989 c.546§2; 1999 c.824 §5; 2001 c.445 §168; 2005 c.272 §1; 2007 c.467§1]

192.445 Nondisclosure on request ofhome address, home telephone numberand electronic mail address; rules of pro-cedure; duration of effect of request; li-ability; when not applicable. (1) Anindividual may submit a written request to apublic body not to disclose a specified publicrecord indicating the home address, personaltelephone number or electronic mail addressof the individual. A public body may not dis-close the specified public record if the indi-vidual demonstrates to the satisfaction of thepublic body that the personal safety of theindividual or the personal safety of a familymember residing with the individual is indanger if the home address, personal tele-phone number or electronic mail address re-mains available for public inspection.

(2) The Attorney General shall adoptrules describing:

(a) The procedures for submitting thewritten request described in subsection (1)of this section.

(b) The evidence an individual shall pro-vide to the public body to establish that dis-closure of the home address, telephonenumber or electronic mail address of the in-dividual would constitute a danger to per-sonal safety. The evidence may include butis not limited to evidence that the individualor a family member residing with the indi-vidual has:

(A) Been a victim of domestic violence;(B) Obtained an order issued under ORS

133.055;(C) Contacted a law enforcement officer

involving domestic violence or other physicalabuse;

(D) Obtained a temporary restraining or-der or other no contact order to protect theindividual from future physical abuse; or

(E) Filed other criminal or civil legalproceedings regarding physical protection.

(c) The procedures for submitting thewritten notification from the individual thatdisclosure of the home address, personaltelephone number or electronic mail addressof the individual no longer constitutes adanger to personal safety.

(3) A request described in subsection (1)of this section remains effective:

(a) Until the public body receives a writ-ten request for termination but no later thanfive years after the date that a public bodyreceives the request; or

(b) In the case of a voter registration re-cord, until the individual must update theindividual’s voter registration, at which timethe individual may apply for another ex-emption from disclosure.

(4) A public body may disclose a homeaddress, personal telephone number or elec-tronic mail address of an individual exemptfrom disclosure under subsection (1) of thissection upon court order, on request fromany law enforcement agency or with theconsent of the individual.

(5) A public body may not be held liablefor granting or denying an exemption fromdisclosure under this section or any otherunauthorized release of a home address, per-sonal telephone number or electronic mailaddress granted an exemption from disclo-sure under this section.

(6) This section does not apply to countyproperty and lien records. [1993 c.787 §5; 1995c.742 §12; 2003 c.807 §1]




192.447 Nondisclosure of public em-ployee identification badge or card. (1) Asused in this section, “public body” has themeaning given that term in ORS 174.109.

(2) A public body may not disclose theidentification badge or card of an employeeof the public body without the written con-sent of the employee if:

(a) The badge or card contains the pho-tograph of the employee; and

(b) The badge or card was prepared solelyfor internal use by the public body to identifyemployees of the public body.

(3) The public body may not disclose aduplicate of the photograph used on thebadge or card. [2003 c.282 §1]


192.448 Nondisclosure of concealedhandgun license records or information;exceptions; limitations; rules. (1) A publicbody may not disclose records or informationthat identifies a person as a current or for-mer holder of, or applicant for, a concealedhandgun license, unless:

(a) The disclosure is made to anotherpublic body and is necessary for criminaljustice purposes;

(b) A court enters an order in a criminalor civil case directing the public body todisclose the records or information;

(c) The holder of, or applicant for, theconcealed handgun license consents to thedisclosure in writing;

(d) The public body determines that acompelling public interest requires disclosurein the particular instance and the disclosureis limited to the name, age and county ofresidence of the holder or applicant;

(e)(A) The disclosure is limited to con-firming or denying that a person convictedof a person crime, or restrained by a protec-tive order, is a current holder of a concealedhandgun license; and

(B) The disclosure is made to a victim ofthe person crime or to a person who is pro-tected by the protective order, in response toa request for disclosure that provides thepublic body with the name and age of theperson convicted of the person crime or re-strained by the protective order; or

(f)(A) The disclosure is limited to con-firming or denying that a person convictedof a crime involving the use or possession of

a firearm is a current holder of a concealedhandgun license; and

(B) The disclosure is made to a bona fiderepresentative of the news media in responseto a request for disclosure that provides thename and age of the person convicted of thecrime involving the use or possession of afirearm.

(2) A public body may not confirm ordeny that a person described in subsection(1)(e)(A) or (f)(A) of this section is a currentholder of a concealed handgun license unlessthe person seeking disclosure:

(a) Under subsection (1)(e) of this sectionprovides the public body with written proofthat the person is a victim of the personcrime or is protected by the protective order.

(b) Under subsection (1)(f) of this sectionprovides the public body with written proofthat the person is a bona fide representativeof the news media.

(3) Notwithstanding any other provisionof law, a public body that receives a requestfor disclosure under subsection (1)(e) or (f)of this section may conduct an investigation,including a criminal records check, to deter-mine whether a person described in subsec-tion (1)(e)(A) or (f)(A) of this section hasbeen convicted of a person crime or a crimeinvolving the use or possession of a firearmor is restrained by a protective order.

(4) The Attorney General shall adoptrules to carry out the provisions of this sec-tion. The rules must include a description of:

(a) The procedures for submitting thewritten request described in subsection (1)(d)of this section; and

(b) The materials an individual must pro-vide to the public body to establish a com-pelling public interest that supports thedisclosure of the name, age and county ofresidence of the holder or applicant.

(5) The prohibition described in subsec-tion (1) of this section does not apply to theJudicial Department.

(6) As used in this section:(a) “Convicted” does not include a con-

viction that has been reversed, vacated or setaside or a conviction for which the personhas been pardoned.

(b) “Person crime” means a person felonyor person Class A misdemeanor, as thoseterms are defined in the rules of the OregonCriminal Justice Commission, or any othercrime constituting domestic violence, as de-fined in ORS 135.230.

(c) “Protective order” has the meaninggiven that term in ORS 135.886.

(d) “Victim” has the meaning given thatterm in ORS 131.007. [2012 c.93 §2; 2012 c.93 §5]




192.450 Petition to review denial ofright to inspect state public record; ap-peal from decision of Attorney Generaldenying inspection; records of healthprofessional regulatory boards. (1) Subjectto ORS 192.480 and subsection (4) of thissection, any person denied the right to in-spect or to receive a copy of any public re-cord of a state agency may petition theAttorney General to review the public recordto determine if it may be withheld from pub-lic inspection. Except as provided in subsec-tion (5) of this section, the burden is on theagency to sustain its action. Except as pro-vided in subsection (5) of this section, theAttorney General shall issue an order deny-ing or granting the petition, or denying it inpart and granting it in part, within sevendays from the day the Attorney General re-ceives the petition.

(2) If the Attorney General grants thepetition and orders the state agency to dis-close the record, or if the Attorney Generalgrants the petition in part and orders thestate agency to disclose a portion of the re-cord, the state agency shall comply with theorder in full within seven days after issuanceof the order, unless within the seven-day pe-riod it issues a notice of its intention to in-stitute proceedings for injunctive ordeclaratory relief in the Circuit Court forMarion County or, as provided in subsection(6) of this section, in the circuit court of thecounty where the record is held. Copies ofthe notice shall be sent to the AttorneyGeneral and by certified mail to the peti-tioner at the address shown on the petition.The state agency shall institute the pro-ceedings within seven days after it issues itsnotice of intention to do so. If the AttorneyGeneral denies the petition in whole or inpart, or if the state agency continues towithhold the record or a part of it notwith-standing an order to disclose by the AttorneyGeneral, the person seeking disclosure mayinstitute such proceedings.

(3) The Attorney General shall serve ascounsel for the state agency in a suit filedunder subsection (2) of this section if the suitarises out of a determination by the AttorneyGeneral that the public record should not bedisclosed, or that a part of the public recordshould not be disclosed if the state agencyhas fully complied with the order of the At-torney General requiring disclosure of an-other part or parts of the public record, andin no other case. In any case in which theAttorney General is prohibited from servingas counsel for the state agency, the agencymay retain special counsel.

(4) A person denied the right to inspector to receive a copy of any public record ofa health professional regulatory board, asdefined in ORS 676.160, that contains infor-mation concerning a licensee or applicant,and petitioning the Attorney General to re-view the public record shall, on or before thedate of filing the petition with the AttorneyGeneral, send a copy of the petition by firstclass mail to the health professional regula-tory board. Not more than 48 hours after theboard receives a copy of the petition, theboard shall send a copy of the petition byfirst class mail to the licensee or applicantwho is the subject of any record for whichdisclosure is sought. When sending a copy ofthe petition to the licensee or applicant, theboard shall include a notice informing thelicensee or applicant that a written responseby the licensee or applicant may be filedwith the Attorney General not later thanseven days after the date that the notice wassent by the board. Immediately upon receiptof any written response from the licensee orapplicant, the Attorney General shall send acopy of the response to the petitioner by firstclass mail.

(5) The person seeking disclosure of apublic record of a health professional regula-tory board, as defined in ORS 676.160, thatis confidential or exempt from disclosure un-der ORS 676.165 or 676.175, shall have theburden of demonstrating to the AttorneyGeneral by clear and convincing evidencethat the public interest in disclosure out-weighs other interests in nondisclosure, in-cluding but not limited to the public interestin nondisclosure. The Attorney Generalshall issue an order denying or granting thepetition, or denying or granting it in part,not later than the 15th day following the daythat the Attorney General receives the peti-tion. A copy of the Attorney General’s ordergranting a petition or part of a petition shallbe served by first class mail on the healthprofessional regulatory board, the petitionerand the licensee or applicant who is thesubject of any record ordered to be disclosed.The health professional regulatory boardshall not disclose any record prior to theseventh day following the service of the At-torney General’s order on a licensee or ap-plicant entitled to receive notice under thissubsection.

(6) If the Attorney General grants or de-nies the petition for a record of a healthprofessional regulatory board, as defined inORS 676.160, that contains information con-cerning a licensee or applicant, the board, aperson denied the right to inspect or receivea copy of the record or the licensee or appli-cant who is the subject of the record mayinstitute proceedings for injunctive ordeclaratory relief in the circuit court for the



county where the public record is held. Theparty seeking disclosure of the record shallhave the burden of demonstrating by clearand convincing evidence that the public in-terest in disclosure outweighs other interestsin nondisclosure, including but not limited tothe public interest in nondisclosure.

(7) The Attorney General may complywith a request of a health professional regu-latory board to be represented by independ-ent counsel in any proceeding undersubsection (6) of this section. [1973 c.794 §6; 1975c.308 §2; 1997 c.791 §8; 1999 c.751 §4]

192.460 Procedure to review denial ofright to inspect other public records; ef-fect of disclosure. (1) ORS 192.450 appliesto the case of a person denied the right toinspect or to receive a copy of any publicrecord of a public body other than a stateagency, except that:

(a) The district attorney of the county inwhich the public body is located, or if it islocated in more than one county the districtattorney of the county in which the adminis-trative offices of the public body are located,shall carry out the functions of the AttorneyGeneral;

(b) Any suit filed must be filed in thecircuit court for the county described inparagraph (a) of this subsection; and

(c) The district attorney may not serveas counsel for the public body, in the casespermitted under ORS 192.450 (3), unless thedistrict attorney ordinarily serves as counselfor the public body.

(2) Disclosure of a record to the districtattorney in compliance with subsection (1)of this section does not waive any privilegeor claim of privilege regarding the record orits contents.

(3) Disclosure of a record or part of arecord as ordered by the district attorney isa compelled disclosure for purposes of ORS40.285. [1973 c.794 §7; 2007 c.513 §4]

192.465 Effect of failure of AttorneyGeneral, district attorney or elected offi-cial to take timely action on inspectionpetition. (1) The failure of the AttorneyGeneral or district attorney to issue an orderunder ORS 192.450 or 192.460 denying,granting, or denying in part and granting inpart a petition to require disclosure withinseven days from the day of receipt of the pe-tition shall be treated as an order denyingthe petition for the purpose of determiningwhether a person may institute proceedingsfor injunctive or declaratory relief underORS 192.450 or 192.460.

(2) The failure of an elected official todeny, grant, or deny in part and grant in parta request to inspect or receive a copy of apublic record within seven days from the day

of receipt of the request shall be treated asa denial of the request for the purpose ofdetermining whether a person may instituteproceedings for injunctive or declaratory re-lief under ORS 192.450 or 192.460. [1975 c.308§5]

192.470 Petition form; procedure whenpetition received. (1) A petition to the At-torney General or district attorney request-ing the Attorney General or district attorneyto order a public record to be made availablefor inspection or to be produced shall be insubstantially the following form, or in a formcontaining the same information:__________________________________________

(Date)I (we), (name(s)), the

undersigned, request the Attorney General(or District Attorney of County)to order (name of governmentalbody) and its employees to (make availablefor inspection) (produce a copy or copies of)the following records:

1. (Name or description of record)

2. (Name or description of record)

I (we) asked to inspect and/or copy theserecords on (date) at(address). The request was denied by the fol-lowing person(s):

1. (Name of public officer or employee;

title or position, if known)

2. (Name of public officer or employee;

title or position, if known)

(Signature(s))__________________________________________

This form should be delivered or mailed tothe Attorney General’s office in Salem, orthe district attorney’s office in the countycourthouse.

(2) Promptly upon receipt of such a peti-tion, the Attorney General or district attor-ney shall notify the public body involved.The public body shall thereupon transmit thepublic record disclosure of which is sought,or a copy, to the Attorney General, togetherwith a statement of its reasons for believing



that the public record should not be dis-closed. In an appropriate case, with the con-sent of the Attorney General, the public bodymay instead disclose the nature or substanceof the public record to the Attorney General.[1973 c.794 §10]

192.480 Procedure to review denial byelected official of right to inspect publicrecords. In any case in which a person isdenied the right to inspect or to receive acopy of a public record in the custody of anelected official, or in the custody of anyother person but as to which an elected offi-cial claims the right to withhold disclosure,no petition to require disclosure may be filedwith the Attorney General or district attor-ney, or if a petition is filed it shall not beconsidered by the Attorney General or dis-trict attorney after a claim of right to with-hold disclosure by an elected official. In suchcase a person denied the right to inspect orto receive a copy of a public record may in-stitute proceedings for injunctive ordeclaratory relief in the appropriate circuitcourt, as specified in ORS 192.450 or 192.460,and the Attorney General or district attorneymay upon request serve or decline to serve,in the discretion of the Attorney General ordistrict attorney, as counsel in such suit foran elected official for which the AttorneyGeneral or district attorney ordinarily servesas counsel. Nothing in this section shallpreclude an elected official from requestingadvice from the Attorney General or a dis-trict attorney as to whether a public recordshould be disclosed. [1973 c.794 §8]

192.490 Court authority in reviewingaction denying right to inspect public re-cords; docketing; costs and attorney fees.(1) In any suit filed under ORS 192.450,192.460, 192.470 or 192.480, the court has ju-risdiction to enjoin the public body fromwithholding records and to order the produc-tion of any records improperly withheld fromthe person seeking disclosure. The courtshall determine the matter de novo and theburden is on the public body to sustain itsaction. The court, on its own motion, mayview the documents in controversy in camerabefore reaching a decision. Any noncompli-ance with the order of the court may bepunished as contempt of court.

(2) Except as to causes the court consid-ers of greater importance, proceedings aris-ing under ORS 192.450, 192.460, 192.470 or192.480 take precedence on the docket overall other causes and shall be assigned forhearing and trial at the earliest practicabledate and expedited in every way.

(3) If a person seeking the right to in-spect or to receive a copy of a public recordprevails in the suit, the person shall beawarded costs and disbursements and rea-

sonable attorney fees at trial and on appeal.If the person prevails in part, the court mayin its discretion award the person costs anddisbursements and reasonable attorney feesat trial and on appeal, or an appropriateportion thereof. If the state agency failed tocomply with the Attorney General’s order infull and did not issue a notice of intention toinstitute proceedings pursuant to ORS192.450 (2) within seven days after issuanceof the order, or did not institute the pro-ceedings within seven days after issuance ofthe notice, the petitioner shall be awardedcosts of suit at the trial level and reasonableattorney fees regardless of which party insti-tuted the suit and regardless of which partyprevailed therein. [1973 c.794 §9; 1975 c.308 §3; 1981c.897 §40]

192.493 Health services costs. A recordof an agency of the executive department asdefined in ORS 174.112 that contains the fol-lowing information is a public record subjectto inspection under ORS 192.420 and is notexempt from disclosure under ORS 192.501or 192.502 except to the extent that the re-cord discloses information about anindividual’s health or is proprietary to a per-son:

(1) The amounts determined by an inde-pendent actuary retained by the agency tocover the costs of providing each of the fol-lowing health services under ORS 414.631,414.651 and 414.688 to 414.745 for the sixmonths preceding the report:

(a) Inpatient hospital services;(b) Outpatient hospital services;(c) Laboratory and X-ray services;(d) Physician and other licensed practi-

tioner services;(e) Prescription drugs;(f) Dental services;(g) Vision services;(h) Mental health services;(i) Chemical dependency services;(j) Durable medical equipment and sup-

plies; and(k) Other health services provided under

a coordinated care organization contract un-der ORS 414.651 or a contract with a prepaidmanaged care health services organization,as defined in ORS 414.025;

(2) The amounts the agency and eachcontractor have paid under each coordinatedcare organization contract under ORS414.651 or prepaid managed care health ser-vices organization contract for administra-tive costs and the provision of each of thehealth services described in subsection (1) ofthis section for the six months preceding thereport;



(3) Any adjustments made to the amountsreported under this section to account forgeographic or other differences in providingthe health services; and

(4) The numbers of individuals servedunder each coordinated care organizationcontract or prepaid managed care healthservices organization contract, listed by cat-egory of individual. [2003 c.803 §27; 2011 c.602 §33;2015 c.792 §3]


192.495 Inspection of records morethan 25 years old. Notwithstanding ORS192.501 to 192.505 and except as otherwiseprovided in ORS 192.496, public records thatare more than 25 years old shall be availablefor inspection. [1979 c.301 §2]

192.496 Medical records; sealed re-cords; records of individual in custody orunder supervision; student records. Thefollowing public records are exempt fromdisclosure:

(1) Records less than 75 years old whichcontain information about the physical ormental health or psychiatric care or treat-ment of a living individual, if the public dis-closure thereof would constitute anunreasonable invasion of privacy. The partyseeking disclosure shall have the burden ofshowing by clear and convincing evidencethat the public interest requires disclosure inthe particular instance and that public dis-closure would not constitute an unreasonableinvasion of privacy.

(2) Records less than 75 years old whichwere sealed in compliance with statute or bycourt order. Such records may be disclosedupon order of a court of competent jurisdic-tion or as otherwise provided by law.

(3) Records of a person who is or hasbeen in the custody or under the lawfulsupervision of a state agency, a court or aunit of local government, are exempt fromdisclosure for a period of 25 years after ter-mination of such custody or supervision tothe extent that disclosure thereof would in-terfere with the rehabilitation of the personif the public interest in confidentialityclearly outweighs the public interest in dis-closure. Nothing in this subsection, however,shall be construed as prohibiting disclosureof the fact that a person is in custody.

(4) Student records required by state orfederal law to be exempt from disclosure.[1979 c.301 §3]

192.497 Immunity from liability fordisclosure of certain personal informa-tion; recovery of costs. (1) A public bodyor any official of the public body that deter-

mines that a party requesting informationunder ORS 192.435, 192.437 or 192.502 (3) hasdemonstrated by clear and convincing evi-dence that the public interest requires dis-closure in a particular instance is immunefrom civil or criminal liability associatedwith the disclosure.

(2) A public body that receives a requestfor disclosure of records under ORS 192.435or 192.502 (3) is entitled to recover the costof complying with ORS 192.437 without re-gard to whether the public body determinesthat the party requesting disclosure hasdemonstrated by clear and convincing evi-dence that the public interest requires dis-closure in a particular instance. [2015 c.805 §4]

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; 1981c.187 §1; 1981 c.892 §92; 1981 c.905 §7; 1983 c.17 §29; 1983c.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; 1987c.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 192.505enacted in lieu of 192.500)]

192.501 Public records conditionallyexempt from disclosure. The followingpublic records are exempt from disclosureunder ORS 192.410 to 192.505 unless thepublic interest requires disclosure in theparticular instance:

(1) Records of a public body pertaining tolitigation to which the public body is a partyif the complaint has been filed, or if thecomplaint has not been filed, if the publicbody shows that such litigation is reasonablylikely to occur. This exemption does not ap-ply to litigation which has been concluded,and nothing in this subsection shall limit anyright or opportunity granted by discovery ordeposition statutes to a party to litigation orpotential litigation.

(2) Trade secrets. “Trade secrets,” asused in this section, may include, but are notlimited to, any formula, plan, pattern, proc-ess, tool, mechanism, compound, procedure,production data, or compilation of informa-tion which is not patented, which is knownonly to certain individuals within an organ-ization and which is used in a business itconducts, having actual or potential com-mercial value, and which gives its user anopportunity to obtain a business advantageover competitors who do not know or use it.

(3) Investigatory information compiled forcriminal law purposes. The record of an ar-rest or the report of a crime shall be dis-closed unless and only for so long as thereis a clear need to delay disclosure in thecourse of a specific investigation, includingthe need to protect the complaining party orthe victim. Nothing in this subsection shall



limit any right constitutionally guaranteed,or granted by statute, to disclosure or dis-covery in criminal cases. For purposes of thissubsection, the record of an arrest or the re-port of a crime includes, but is not limitedto:

(a) The arrested person’s name, age, resi-dence, employment, marital status and simi-lar biographical information;

(b) The offense with which the arrestedperson is charged;

(c) The conditions of release pursuant toORS 135.230 to 135.290;

(d) The identity of and biographical in-formation concerning both complaining partyand victim;

(e) The identity of the investigating andarresting agency and the length of the in-vestigation;

(f) The circumstances of arrest, includingtime, place, resistance, pursuit and weaponsused; and

(g) Such information as may be necessaryto enlist public assistance in apprehendingfugitives from justice.

(4) Test questions, scoring keys, andother data used to administer a licensing ex-amination, employment, academic or otherexamination or testing procedure before theexamination is given and if the examinationis to be used again. Records establishingprocedures for and instructing persons ad-ministering, grading or evaluating an exam-ination or testing procedure are included inthis exemption, to the extent that disclosurewould create a risk that the result might beaffected.

(5) Information consisting of productionrecords, sale or purchase records or catchrecords, or similar business records of a pri-vate concern or enterprise, required by lawto be submitted to or inspected by a govern-mental body to allow it to determine fees orassessments payable or to establish produc-tion quotas, and the amounts of such fees orassessments payable or paid, to the extentthat such information is in a form that wouldpermit identification of the individual con-cern or enterprise. This exemption does notinclude records submitted by long term carefacilities as defined in ORS 442.015 to thestate for purposes of reimbursement of ex-penses or determining fees for patient care.Nothing in this subsection shall limit the usethat can be made of such information forregulatory purposes or its admissibility inany enforcement proceeding.

(6) Information relating to the appraisalof real estate prior to its acquisition.

(7) The names and signatures of em-ployees who sign authorization cards or pe-

titions for the purpose of requestingrepresentation or decertification elections.

(8) Investigatory information relating toany complaint filed under ORS 659A.820 or659A.825, until such time as the complaint isresolved under ORS 659A.835, or a final or-der is issued under ORS 659A.850.

(9) Investigatory information relating toany complaint or charge filed under ORS243.676 and 663.180.

(10) Records, reports and other informa-tion received or compiled by the Director ofthe Department of Consumer and BusinessServices under ORS 697.732.

(11) Information concerning the locationof archaeological sites or objects as thoseterms are defined in ORS 358.905, except ifthe governing body of an Indian tribe re-quests the information and the need for theinformation is related to that Indian tribe’scultural or religious activities. This ex-emption does not include information relat-ing to a site that is all or part of an existing,commonly known and publicized tourist fa-cility or attraction.

(12) A personnel discipline action, or ma-terials or documents supporting that action.

(13) Information developed pursuant toORS 496.004, 496.172 and 498.026 or ORS496.192 and 564.100, regarding the habitat,location or population of any threatened spe-cies or endangered species.

(14) Writings prepared by or under thedirection of faculty of public educational in-stitutions, in connection with research, untilpublicly released, copyrighted or patented.

(15) Computer programs developed orpurchased by or for any public body for itsown use. As used in this subsection, “com-puter program” means a series of instruc-tions or statements which permit thefunctioning of a computer system in a man-ner designed to provide storage, retrieval andmanipulation of data from such computersystem, and any associated documentationand source material that explain how to op-erate the computer program. “Computerprogram” does not include:

(a) The original data, including but notlimited to numbers, text, voice, graphics andimages;

(b) Analyses, compilations and other ma-nipulated forms of the original data producedby use of the program; or

(c) The mathematical and statistical for-mulas which would be used if the manipu-lated forms of the original data were to beproduced manually.

(16) Data and information provided byparticipants to mediation under ORS 36.256.



(17) Investigatory information relating toany complaint or charge filed under ORSchapter 654, until a final administrative de-termination is made or, if a citation is is-sued, until an employer receives notice ofany citation.

(18) Specific operational plans in con-nection with an anticipated threat to indi-vidual or public safety for deployment anduse of personnel and equipment, prepared orused by a public body, if public disclosure ofthe plans would endanger an individual’s lifeor physical safety or jeopardize a law en-forcement activity.

(19)(a) Audits or audit reports requiredof a telecommunications carrier. As used inthis paragraph, “audit or audit report” meansany external or internal audit or audit reportpertaining to a telecommunications carrier,as defined in ORS 133.721, or pertaining toa corporation having an affiliated interest,as defined in ORS 759.390, with a telecom-munications carrier that is intended to makethe operations of the entity more efficient,accurate or compliant with applicable rules,procedures or standards, that may includeself-criticism and that has been filed by thetelecommunications carrier or affiliate undercompulsion of state law. “Audit or audit re-port” does not mean an audit of a cost studythat would be discoverable in a contestedcase proceeding and that is not subject to aprotective order; and

(b) Financial statements. As used in thisparagraph, “financial statement” means a fi-nancial statement of a nonregulated corpo-ration having an affiliated interest, asdefined in ORS 759.390, with a telecommuni-cations carrier, as defined in ORS 133.721.

(20) The residence address of an electorif authorized under ORS 247.965 and subjectto ORS 247.967.

(21) The following records, communica-tions and information submitted to a housingauthority as defined in ORS 456.005, or to anurban renewal agency as defined in ORS457.010, by applicants for and recipients ofloans, grants and tax credits:

(a) Personal and corporate financialstatements and information, including taxreturns;

(b) Credit reports;(c) Project appraisals, excluding ap-

praisals obtained in the course of transac-tions involving an interest in real estate thatis acquired, leased, rented, exchanged, trans-ferred or otherwise disposed of as part of theproject, but only after the transactions haveclosed and are concluded;

(d) Market studies and analyses;

(e) Articles of incorporation, partnershipagreements and operating agreements;

(f) Commitment letters;(g) Project pro forma statements;(h) Project cost certifications and cost

data;(i) Audits;(j) Project tenant correspondence re-

quested to be confidential;(k) Tenant files relating to certification;

and(L) Housing assistance payment requests.(22) Records or information that, if dis-

closed, would allow a person to:(a) Gain unauthorized access to buildings

or other property;(b) Identify those areas of structural or

operational vulnerability that would permitunlawful disruption to, or interference with,services; or

(c) Disrupt, interfere with or gain unau-thorized access to public funds or to infor-mation processing, communication ortelecommunication systems, including the in-formation contained in the systems, that areused or operated by a public body.

(23) Records or information that wouldreveal or otherwise identify security mea-sures, or weaknesses or potential weaknessesin security measures, taken or recommendedto be taken to protect:

(a) An individual;(b) Buildings or other property;(c) Information processing, communica-

tion or telecommunication systems, includingthe information contained in the systems; or

(d) Those operations of the Oregon StateLottery the security of which are subject tostudy and evaluation under ORS 461.180 (6).

(24) Personal information held by or un-der the direction of officials of the OregonHealth and Science University or a publicuniversity listed in ORS 352.002 about a per-son who has or who is interested in donatingmoney or property to the Oregon Health andScience University or a public university, ifthe information is related to the family ofthe person, personal assets of the person oris incidental information not related to thedonation.

(25) The home address, professional ad-dress and telephone number of a person whohas or who is interested in donating moneyor property to a public university listed inORS 352.002.

(26) Records of the name and address ofa person who files a report with or pays anassessment to a commodity commission es-tablished under ORS 576.051 to 576.455, the



Oregon Beef Council created under ORS577.210 or the Oregon Wheat Commissioncreated under ORS 578.030.

(27) Information provided to, obtained byor used by a public body to authorize, origi-nate, receive or authenticate a transfer offunds, including but not limited to a creditcard number, payment card expiration date,password, financial institution account num-ber and financial institution routing number.

(28) Social Security numbers as providedin ORS 107.840.

(29) The electronic mail address of a stu-dent who attends a public university listed inORS 352.002 or Oregon Health and ScienceUniversity.

(30) The name, home address, profes-sional address or location of a person that isengaged in, or that provides goods or ser-vices for, medical research at Oregon Healthand Science University that is conducted us-ing animals other than rodents. This subsec-tion does not apply to Oregon Health andScience University press releases, websitesor other publications circulated to the gen-eral public.

(31) If requested by a public safety offi-cer, as defined in ORS 181A.355:

(a) The home address and home telephonenumber of the public safety officer containedin the voter registration records for the offi-cer.

(b) The home address and home telephonenumber of the public safety officer containedin records of the Department of Public SafetyStandards and Training.

(c) The name of the public safety officercontained in county real property assessmentor taxation records. This exemption:

(A) Applies only to the name of the pub-lic safety officer and any other owner of theproperty in connection with a specific prop-erty identified by the officer in a request forexemption from disclosure;

(B) Applies only to records that may bemade immediately available to the publicupon request in person, by telephone or us-ing the Internet;

(C) Applies until the public safety officerrequests termination of the exemption;

(D) Does not apply to disclosure of re-cords among public bodies as defined in ORS174.109 for governmental purposes; and

(E) May not result in liability for thecounty if the name of the public safety offi-cer is disclosed after a request for exemptionfrom disclosure is made under this subsec-tion.

(32) Unless the public records request ismade by a financial institution, as defined in

ORS 706.008, consumer finance company li-censed under ORS chapter 725, mortgagebanker or mortgage broker licensed underORS 86A.095 to 86A.198, or title company forbusiness purposes, records described in para-graph (a) of this subsection, if the exemptionfrom disclosure of the records is sought byan individual described in paragraph (b) ofthis subsection using the procedure describedin paragraph (c) of this subsection:

(a) The home address, home or cellulartelephone number or personal electronic mailaddress contained in the records of any pub-lic body that has received the request that isset forth in:

(A) A warranty deed, deed of trust,mortgage, lien, deed of reconveyance, re-lease, satisfaction, substitution of trustee,easement, dog license, marriage license ormilitary discharge record that is in the pos-session of the county clerk; or

(B) Any public record of a public bodyother than the county clerk.

(b) The individual claiming the exemptionfrom disclosure must be a district attorney,a deputy district attorney, the AttorneyGeneral or an assistant attorney general, theUnited States Attorney for the District ofOregon or an assistant United States attor-ney for the District of Oregon, a city attor-ney who engages in the prosecution ofcriminal matters or a deputy city attorneywho engages in the prosecution of criminalmatters.

(c) The individual claiming the exemptionfrom disclosure must do so by filing theclaim in writing with the public body forwhich the exemption from disclosure is beingclaimed on a form prescribed by the publicbody. Unless the claim is filed with thecounty clerk, the claim form shall list thepublic records in the possession of the publicbody to which the exemption applies. Theexemption applies until the individual claim-ing the exemption requests termination ofthe exemption or ceases to qualify for theexemption.

(33) The following voluntary conservationagreements and reports:

(a) Land management plans required forvoluntary stewardship agreements enteredinto under ORS 541.423; and

(b) Written agreements relating to theconservation of greater sage grouse enteredinto voluntarily by owners or occupiers ofland with a soil and water conservation dis-trict under ORS 568.550.

(34) Sensitive business records or finan-cial or commercial information of the StateAccident Insurance Fund Corporation that isnot customarily provided to business compet-itors. This exemption does not:



(a) Apply to the formulas for determiningdividends to be paid to employers insured bythe State Accident Insurance Fund Corpo-ration;

(b) Apply to contracts for advertising,public relations or lobbying services or todocuments related to the formation of suchcontracts;

(c) Apply to group insurance contracts orto documents relating to the formation ofsuch contracts, except that employer accountrecords shall remain exempt from disclosureas provided in ORS 192.502 (35); or

(d) Provide the basis for opposing thediscovery of documents in litigation pursuantto the applicable rules of civil procedure.

(35) Records of the Department of PublicSafety Standards and Training relating toinvestigations conducted under ORS181A.640 or 181A.870 (6), until the depart-ment issues the report described in ORS181A.640 or 181A.870.

(36) A medical examiner’s report, autopsyreport or laboratory test report ordered by amedical examiner under ORS 146.117.

(37) Any document or other informationrelated to an audit of a public body, as de-fined in ORS 174.109, that is in the custodyof an auditor or audit organization operatingunder nationally recognized government au-diting standards, until the auditor or auditorganization issues a final audit report inaccordance with those standards or the auditis abandoned. This exemption does not pro-hibit disclosure of a draft audit report thatis provided to the audited entity for theentity’s response to the audit findings.

(38)(a) Personally identifiable informationcollected as part of an electronic fare col-lection system of a mass transit system.

(b) The exemption from disclosure inparagraph (a) of this subsection does not ap-ply to public records that have attributes ofanonymity that are sufficient, or that areaggregated into groupings that are broadenough, to ensure that persons cannot beidentified by disclosure of the public records.

(c) As used in this subsection:(A) “Electronic fare collection system”

means the software and hardware used for,associated with or relating to the collectionof transit fares for a mass transit system, in-cluding but not limited to computers, radiocommunication systems, personal mobile de-vices, wearable technology, fare instruments,information technology, data storage or col-lection equipment, or other equipment orimprovements.

(B) “Mass transit system” has the mean-ing given that term in ORS 267.010.

(C) “Personally identifiable information”means all information relating to a personthat acquires or uses a transit pass or otherfare payment medium in connection with anelectronic fare collection system, includingbut not limited to:

(i) Customer account information, dateof birth, telephone number, physical address,electronic mail address, credit or debit cardinformation, bank account information, So-cial Security or taxpayer identification num-ber or other identification number, transitpass or fare payment medium balances orhistory, or similar personal information; or

(ii) Travel dates, travel times, frequencyof use, travel locations, service types or ve-hicle use, or similar travel information.

(39)(a) If requested by a civil code en-forcement officer:

(A) The home address and home tele-phone number of the civil code enforcementofficer contained in the voter registrationrecords for the officer.

(B) The name of the civil code enforce-ment officer contained in county real prop-erty assessment or taxation records. Thisexemption:

(i) Applies only to the name of the civilcode enforcement officer and any otherowner of the property in connection with aspecific property identified by the officer ina request for exemption from disclosure;

(ii) Applies only to records that may bemade immediately available to the publicupon request in person, by telephone or us-ing the Internet;

(iii) Applies until the civil code enforce-ment officer requests termination of the ex-emption;

(iv) Does not apply to disclosure of re-cords among public bodies as defined in ORS174.109 for governmental purposes; and

(v) May not result in liability for thecounty if the name of the civil code enforce-ment officer is disclosed after a request forexemption from disclosure is made under thissubsection.

(b) As used in this subsection, “civil codeenforcement officer” means an employee ofa public body, as defined in ORS 174.109, whois charged with enforcing laws or ordinancesrelating to land use, zoning, use of rights-of-way, solid waste, hazardous waste, sewagetreatment and disposal or the state buildingcode.

(40) Audio or video recordings, whetherdigital or analog, resulting from a law en-forcement officer’s operation of a video cam-era worn upon the officer’s person thatrecords the officer’s interactions with mem-bers of the public while the officer is on



duty. When a recording described in thissubsection is subject to disclosure, the fol-lowing apply:

(a) Recordings that have been sealed ina court’s record of a court proceeding orotherwise ordered by a court not to be dis-closed may not be disclosed.

(b) A request for disclosure under thissubsection must identify the approximatedate and time of an incident for which therecordings are requested and be reasonablytailored to include only that material forwhich a public interest requires disclosure.

(c) A video recording disclosed under thissubsection must, prior to disclosure, be ed-ited in a manner as to render the faces of allpersons within the recording unidentifiable.[1987 c.373 §§23c,23d; 1987 c.764 §2 (enacted in lieu of192.500); 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; 1993c.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; 2001c.621 §85; 2001 c.915 §1; 2003 c.217 §1; 2003 c.380 §2; 2003c.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; 2005c.455 §1; 2007 c.608 §6; 2007 c.687 §1; 2008 c.48 §1; 2009c.57 §2; 2009 c.135 §1; 2009 c.222 §2; 2009 c.769 §1; 2011c.9 §14; 2011 c.285 §1; 2011 c.637 §68; 2013 c.325 §1; 2013c.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]

192.502 Other public records exemptfrom disclosure. The following public re-cords are exempt from disclosure under ORS192.410 to 192.505:

(1) Communications within a public bodyor between public bodies of an advisory na-ture to the extent that they cover other thanpurely factual materials and are preliminaryto any final agency determination of policyor action. This exemption shall not applyunless the public body shows that in theparticular instance the public interest in en-couraging frank communication between of-ficials and employees of public bodies clearlyoutweighs the public interest in disclosure.

(2) Information of a personal nature suchas but not limited to that kept in a personal,medical or similar file, if public disclosurewould constitute an unreasonable invasionof privacy, unless the public interest by clearand convincing evidence requires disclosurein the particular instance. The party seekingdisclosure shall have the burden of showingthat public disclosure would not constitutean unreasonable invasion of privacy.

(3) Upon compliance with ORS 192.437,public body employee or volunteer residentialaddresses, residential telephone numbers,personal cellular telephone numbers, per-sonal electronic mail addresses, driver li-cense numbers, employer-issued identificationcard numbers, emergency contact informa-tion, Social Security numbers, dates of birth

and other telephone numbers contained inpersonnel records maintained by the publicbody that is the employer or the recipient ofvolunteer services. This exemption:

(a) Does not apply to the addresses, datesof birth and telephone numbers of employeesor volunteers who are elected officials, ex-cept that a judge or district attorney subjectto election may seek to exempt the judge’sor district attorney’s address or telephonenumber, or both, under the terms of ORS192.445;

(b) Does not apply to employees or vol-unteers to the extent that the party seekingdisclosure shows by clear and convincing ev-idence that the public interest requires dis-closure in a particular instance pursuant toORS 192.437;

(c) Does not apply to a substitute teacheras defined in ORS 342.815 when requested bya professional education association of whichthe substitute teacher may be a member; and

(d) Does not relieve a public employer ofany duty under ORS 243.650 to 243.782.

(4) Information submitted to a publicbody in confidence and not otherwise re-quired by law to be submitted, where suchinformation should reasonably be consideredconfidential, the public body has obliged it-self in good faith not to disclose the infor-mation, and when the public interest wouldsuffer by the disclosure.

(5) Information or records of the Depart-ment of Corrections, including the StateBoard of Parole and Post-Prison Supervision,to the extent that disclosure would interferewith the rehabilitation of a person in custodyof the department or substantially prejudiceor prevent the carrying out of the functionsof the department, if the public interest inconfidentiality clearly outweighs the publicinterest in disclosure.

(6) Records, reports and other informa-tion received or compiled by the Director ofthe Department of Consumer and BusinessServices in the administration of ORS chap-ters 723 and 725 not otherwise required bylaw to be made public, to the extent that theinterests of lending institutions, their offi-cers, employees and customers in preservingthe confidentiality of such information out-weighs the public interest in disclosure.

(7) Reports made to or filed with thecourt under ORS 137.077 or 137.530.

(8) Any public records or information thedisclosure of which is prohibited by federallaw or regulations.

(9)(a) Public records or information thedisclosure of which is prohibited or re-stricted or otherwise made confidential orprivileged under Oregon law.



(b) Subject to ORS 192.423, paragraph (a)of this subsection does not apply to factualinformation compiled in a public recordwhen:

(A) The basis for the claim of exemptionis ORS 40.225;

(B) The factual information is not pro-hibited from disclosure under any applicablestate or federal law, regulation or court or-der and is not otherwise exempt from disclo-sure under ORS 192.410 to 192.505;

(C) The factual information was compiledby or at the direction of an attorney as partof an investigation on behalf of the publicbody in response to information of possiblewrongdoing by the public body;

(D) The factual information was notcompiled in preparation for litigation, arbi-tration or an administrative proceeding thatwas reasonably likely to be initiated or thathas been initiated by or against the publicbody; and

(E) The holder of the privilege underORS 40.225 has made or authorized a publicstatement characterizing or partially disclos-ing the factual information compiled by orat the attorney’s direction.

(10) Public records or information de-scribed in this section, furnished by the pub-lic body originally compiling, preparing orreceiving them to any other public officer orpublic body in connection with performanceof the duties of the recipient, if the consid-erations originally giving rise to the confi-dential or exempt nature of the publicrecords or information remain applicable.

(11) Records of the Energy Facility SitingCouncil concerning the review or approvalof security programs pursuant to ORS469.530.

(12) Employee and retiree address, tele-phone number and other nonfinancial mem-bership records and employee financialrecords maintained by the Public EmployeesRetirement System pursuant to ORS chapters238 and 238A.

(13) Records of or submitted to the StateTreasurer, the Oregon Investment Council orthe agents of the treasurer or the councilrelating to active or proposed publicly tradedinvestments under ORS chapter 293, includ-ing but not limited to records regarding theacquisition, exchange or liquidation of theinvestments. For the purposes of this subsec-tion:

(a) The exemption does not apply to:(A) Information in investment records

solely related to the amount paid directlyinto an investment by, or returned from theinvestment directly to, the treasurer orcouncil; or

(B) The identity of the entity to whichthe amount was paid directly or from whichthe amount was received directly.

(b) An investment in a publicly tradedinvestment is no longer active when acquisi-tion, exchange or liquidation of the invest-ment has been concluded.

(14)(a) Records of or submitted to theState Treasurer, the Oregon InvestmentCouncil, the Oregon Growth Board or theagents of the treasurer, council or board re-lating to actual or proposed investments un-der ORS chapter 293 or 348 in a privatelyplaced investment fund or a private asset in-cluding but not limited to records regardingthe solicitation, acquisition, deployment, ex-change or liquidation of the investments in-cluding but not limited to:

(A) Due diligence materials that are pro-prietary to an investment fund, to an assetownership or to their respective investmentvehicles.

(B) Financial statements of an invest-ment fund, an asset ownership or their re-spective investment vehicles.

(C) Meeting materials of an investmentfund, an asset ownership or their respectiveinvestment vehicles.

(D) Records containing information re-garding the portfolio positions in which aninvestment fund, an asset ownership or theirrespective investment vehicles invest.

(E) Capital call and distribution noticesof an investment fund, an asset ownership ortheir respective investment vehicles.

(F) Investment agreements and relateddocuments.

(b) The exemption under this subsectiondoes not apply to:

(A) The name, address and vintage yearof each privately placed investment fund.

(B) The dollar amount of the commitmentmade to each privately placed investmentfund since inception of the fund.

(C) The dollar amount of cash contrib-utions made to each privately placed invest-ment fund since inception of the fund.

(D) The dollar amount, on a fiscal year-end basis, of cash distributions received bythe State Treasurer, the Oregon InvestmentCouncil, the Oregon Growth Board or theagents of the treasurer, council or boardfrom each privately placed investment fund.

(E) The dollar amount, on a fiscal year-end basis, of the remaining value of assets ina privately placed investment fund attribut-able to an investment by the State Treasurer,the Oregon Investment Council, the OregonGrowth Board or the agents of the treasurer,council or board.



(F) The net internal rate of return ofeach privately placed investment fund sinceinception of the fund.

(G) The investment multiple of each pri-vately placed investment fund since inceptionof the fund.

(H) The dollar amount of the total man-agement fees and costs paid on an annualfiscal year-end basis to each privately placedinvestment fund.

(I) The dollar amount of cash profit re-ceived from each privately placed investmentfund on a fiscal year-end basis.

(15) The monthly reports prepared andsubmitted under ORS 293.761 and 293.766concerning the Public Employees RetirementFund and the Industrial Accident Fund maybe uniformly treated as exempt from disclo-sure for a period of up to 90 days after theend of the calendar quarter.

(16) Reports of unclaimed property filedby the holders of such property to the extentpermitted by ORS 98.352.

(17)(a) The following records, commu-nications and information submitted to theOregon Business Development Commission,the Oregon Business Development Depart-ment, the State Department of Agriculture,the Oregon Growth Board, the Port of Port-land or other ports as defined in ORS777.005, or a county or city governing bodyand any board, department, commission,council or agency thereof, by applicants forinvestment funds, grants, loans, services oreconomic development moneys, support orassistance including, but not limited to, thosedescribed in ORS 285A.224:

(A) Personal financial statements.(B) Financial statements of applicants.(C) Customer lists.(D) Information of an applicant pertain-

ing to litigation to which the applicant is aparty if the complaint has been filed, or ifthe complaint has not been filed, if the ap-plicant shows that such litigation is reason-ably likely to occur; this exemption does notapply to litigation which has been concluded,and nothing in this subparagraph shall limitany right or opportunity granted by discov-ery or deposition statutes to a party to liti-gation or potential litigation.

(E) Production, sales and cost data.(F) Marketing strategy information that

relates to applicant’s plan to address specificmarkets and applicant’s strategy regardingspecific competitors.

(b) The following records, communica-tions and information submitted to the StateDepartment of Energy by applicants for tax

credits or for grants awarded under ORS469B.256:

(A) Personal financial statements.(B) Financial statements of applicants.(C) Customer lists.(D) Information of an applicant pertain-

ing to litigation to which the applicant is aparty if the complaint has been filed, or ifthe complaint has not been filed, if the ap-plicant shows that such litigation is reason-ably likely to occur; this exemption does notapply to litigation which has been concluded,and nothing in this subparagraph shall limitany right or opportunity granted by discov-ery or deposition statutes to a party to liti-gation or potential litigation.

(E) Production, sales and cost data.(F) Marketing strategy information that

relates to applicant’s plan to address specificmarkets and applicant’s strategy regardingspecific competitors.

(18) Records, reports or returns submit-ted by private concerns or enterprises re-quired by law to be submitted to or inspectedby a governmental body to allow it to deter-mine the amount of any transient lodging taxpayable and the amounts of such tax payableor paid, to the extent that such informationis in a form which would permit identifica-tion of the individual concern or enterprise.Nothing in this subsection shall limit the usewhich can be made of such information forregulatory purposes or its admissibility inany enforcement proceedings. The publicbody shall notify the taxpayer of the delin-quency immediately by certified mail. How-ever, in the event that the payment ordelivery of transient lodging taxes otherwisedue to a public body is delinquent by over 60days, the public body shall disclose, upon therequest of any person, the following informa-tion:

(a) The identity of the individual concernor enterprise that is delinquent over 60 daysin the payment or delivery of the taxes.

(b) The period for which the taxes aredelinquent.

(c) The actual, or estimated, amount ofthe delinquency.

(19) All information supplied by a personunder ORS 151.485 for the purpose of re-questing appointed counsel, and all informa-tion supplied to the court from whateversource for the purpose of verifying the fi-nancial eligibility of a person pursuant toORS 151.485.

(20) Workers’ compensation claim recordsof the Department of Consumer and BusinessServices, except in accordance with rulesadopted by the Director of the Department



of Consumer and Business Services, in anyof the following circumstances:

(a) When necessary for insurers, self-insured employers and third party claim ad-ministrators to process workers’compensation claims.

(b) When necessary for the director,other governmental agencies of this state orthe United States to carry out their duties,functions or powers.

(c) When the disclosure is made in sucha manner that the disclosed informationcannot be used to identify any worker whois the subject of a claim.

(d) When a worker or the worker’s rep-resentative requests review of the worker’sclaim record.

(21) Sensitive business records or finan-cial or commercial information of the OregonHealth and Science University that is notcustomarily provided to business competitors.

(22) Records of Oregon Health and Sci-ence University regarding candidates for theposition of president of the university.

(23) The records of a library, including:(a) Circulation records, showing use of

specific library material by a named person;(b) The name of a library patron together

with the address or telephone number of thepatron; and

(c) The electronic mail address of a pa-tron.

(24) The following records, communica-tions and information obtained by the Hous-ing and Community Services Department inconnection with the department’s monitoringor administration of financial assistance orof housing or other developments:

(a) Personal and corporate financialstatements and information, including taxreturns.

(b) Credit reports.(c) Project appraisals, excluding ap-

praisals obtained in the course of transac-tions involving an interest in real estate thatis acquired, leased, rented, exchanged, trans-ferred or otherwise disposed of as part of theproject, but only after the transactions haveclosed and are concluded.

(d) Market studies and analyses.(e) Articles of incorporation, partnership

agreements and operating agreements.(f) Commitment letters.(g) Project pro forma statements.(h) Project cost certifications and cost

data.(i) Audits.(j) Project tenant correspondence.

(k) Personal information about a tenant.(L) Housing assistance payments.(25) Raster geographic information sys-

tem (GIS) digital databases, provided by pri-vate forestland owners or theirrepresentatives, voluntarily and in confi-dence to the State Forestry Department, thatis not otherwise required by law to be sub-mitted.

(26) Sensitive business, commercial or fi-nancial information furnished to or devel-oped by a public body engaged in thebusiness of providing electricity or electricityservices, if the information is directly relatedto a transaction described in ORS 261.348, orif the information is directly related to a bid,proposal or negotiations for the sale or pur-chase of electricity or electricity services,and disclosure of the information wouldcause a competitive disadvantage for thepublic body or its retail electricity custom-ers. This subsection does not apply to cost-of-service studies used in the development orreview of generally applicable rate schedules.

(27) Sensitive business, commercial or fi-nancial information furnished to or devel-oped by the City of Klamath Falls, actingsolely in connection with the ownership andoperation of the Klamath Cogeneration Proj-ect, if the information is directly related toa transaction described in ORS 225.085 anddisclosure of the information would cause acompetitive disadvantage for the KlamathCogeneration Project. This subsection doesnot apply to cost-of-service studies used inthe development or review of generally ap-plicable rate schedules.

(28) Personally identifiable informationabout customers of a municipal electric util-ity or a people’s utility district or the names,dates of birth, driver license numbers, tele-phone numbers, electronic mail addresses orSocial Security numbers of customers whoreceive water, sewer or storm drain servicesfrom a public body as defined in ORS 174.109.The utility or district may release personallyidentifiable information about a customer,and a public body providing water, sewer orstorm drain services may release the name,date of birth, driver license number, tele-phone number, electronic mail address orSocial Security number of a customer, if thecustomer consents in writing or electron-ically, if the disclosure is necessary for theutility, district or other public body to renderservices to the customer, if the disclosure isrequired pursuant to a court order or if thedisclosure is otherwise required by federal orstate law. The utility, district or other publicbody may charge as appropriate for the costsof providing such information. The utility,district or other public body may make cus-tomer records available to third party credit



agencies on a regular basis in connectionwith the establishment and management ofcustomer accounts or in the event such ac-counts are delinquent.

(29) A record of the street and numberof an employee’s address submitted to a spe-cial district to obtain assistance in promotingan alternative to single occupant motor ve-hicle transportation.

(30) Sensitive business records, capitaldevelopment plans or financial or commercialinformation of Oregon Corrections Enter-prises that is not customarily provided tobusiness competitors.

(31) Documents, materials or other infor-mation submitted to the Director of the De-partment of Consumer and Business Servicesin confidence by a state, federal, foreign orinternational regulatory or law enforcementagency or by the National Association of In-surance Commissioners, its affiliates or sub-sidiaries under ORS 86A.095 to 86A.198,697.005 to 697.095, 697.602 to 697.842, 705.137,717.200 to 717.320, 717.900 or 717.905, ORSchapter 59, 723, 725 or 726, the Bank Act orthe Insurance Code when:

(a) The document, material or other in-formation is received upon notice or with anunderstanding that it is confidential or priv-ileged under the laws of the jurisdiction thatis the source of the document, material orother information; and

(b) The director has obligated the De-partment of Consumer and Business Servicesnot to disclose the document, material orother information.

(32) A county elections security plan de-veloped and filed under ORS 254.074.

(33) Information about review or approvalof programs relating to the security of:

(a) Generation, storage or conveyance of:(A) Electricity;(B) Gas in liquefied or gaseous form;(C) Hazardous substances as defined in

ORS 453.005 (7)(a), (b) and (d);(D) Petroleum products;(E) Sewage; or(F) Water.(b) Telecommunication systems, including

cellular, wireless or radio systems.(c) Data transmissions by whatever

means provided.(34) The information specified in ORS

25.020 (8) if the Chief Justice of the SupremeCourt designates the information as confi-dential by rule under ORS 1.002.

(35)(a) Employer account records of theState Accident Insurance Fund Corporation.

(b) As used in this subsection, “employeraccount records” means all records main-tained in any form that are specifically re-lated to the account of any employer insured,previously insured or under consideration tobe insured by the State Accident InsuranceFund Corporation and any information ob-tained or developed by the corporation inconnection with providing, offering to pro-vide or declining to provide insurance to aspecific employer. “Employer accountrecords” includes, but is not limited to, anemployer’s payroll records, premium paymenthistory, payroll classifications, employeenames and identification information, experi-ence modification factors, loss experienceand dividend payment history.

(c) The exemption provided by this sub-section may not serve as the basis for oppo-sition to the discovery documents inlitigation pursuant to applicable rules of civilprocedure.

(36)(a) Claimant files of the State Acci-dent Insurance Fund Corporation.

(b) As used in this subsection, “claimantfiles” includes, but is not limited to, all re-cords held by the corporation pertaining toa person who has made a claim, as definedin ORS 656.005, and all records pertaining tosuch a claim.

(c) The exemption provided by this sub-section may not serve as the basis for oppo-sition to the discovery documents inlitigation pursuant to applicable rules of civilprocedure.

(37) Except as authorized by ORS 408.425,records that certify or verify an individual’sdischarge or other separation from militaryservice.

(38) Records of or submitted to a domes-tic violence service or resource center thatrelate to the name or personal informationof an individual who visits a center for ser-vice, including the date of service, the typeof service received, referrals or contact in-formation or personal information of a familymember of the individual. As used in thissubsection, “domestic violence service or re-source center” means an entity, the primarypurpose of which is to assist persons affectedby domestic or sexual violence by providingreferrals, resource information or other as-sistance specifically of benefit to domestic orsexual violence victims.

(39) Information reported to the OregonHealth Authority under ORS 431A.860, ex-cept as provided in ORS 431A.860 (2)(b) in-formation disclosed by the authority underORS 431A.865 and any information related todisclosures made by the authority under ORS431A.865, including information identifyingthe recipient of the information.



(40)(a) Electronic mail addresses in thepossession or custody of an agency or subdi-vision of the executive department, as de-fined in ORS 174.112, a local government orlocal service district, as defined in ORS174.116, or a special government body, as de-fined in ORS 174.117.

(b) This subsection does not apply toelectronic mail addresses assigned by a pub-lic body to public employees for use by theemployees in the ordinary course of theiremployment.

(41) Residential addresses, residentialtelephone numbers, personal cellular tele-phone numbers, personal electronic mail ad-dresses, driver license numbers, emergencycontact information, Social Security num-bers, dates of birth and other telephonenumbers of individuals currently or previ-ously certified or licensed by the Departmentof Public Safety Standards and Training con-tained in the records maintained by the de-partment.

(42) Personally identifiable informationand contact information of veterans as de-fined in ORS 408.225 and of persons servingon active duty or as reserve members withthe Armed Forces of the United States, Na-tional Guard or other reserve componentthat was obtained by the Department ofVeterans’ Affairs in the course of performingits duties and functions, including but notlimited to names, residential and employmentaddresses, dates of birth, driver license num-bers, telephone numbers, electronic mail ad-dresses, Social Security numbers, maritalstatus, dependents, the character of dis-charge from military service, military ratingor rank, that the person is a veteran or hasprovided military service, information relat-ing to an application for or receipt of federalor state benefits, information relating to thebasis for receipt or denial of federal or statebenefits and information relating to a homeloan or grant application, including but notlimited to financial information provided inconnection with the application. [1987 c.373§23e; 1987 c.764 §3; 1987 c.898 §27 (enacted in lieu of192.500); 1989 c.6 §17; 1989 c.925 §1; 1991 c.825 §7; 1993c.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; 2003c.803 §§5,6; 2005 c.397 §1; 2005 c.561 §3; 2005 c.659 §1; 2007c.152 §1; 2007 c.181 §1; 2007 c.513 §5; 2007 c.687 §7; 2009c.57 §4; 2009 c.500 §1; 2009 c.541 §7; 2009 c.604 §22; 2010c.76 §15; 2011 c.9 §16; 2011 c.424 §1; 2011 c.645 §6; 2012c.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]

192.503 [1993 c.224 §3; repealed by 1997 c.678 §15]

192.504 Required redaction of certainpersonal information. A public body thatis the custodian of or is otherwise in pos-session of information that was submitted tothe public body in confidence and is not oth-erwise required by law to be submitted, mustredact all of the following information beforemaking a disclosure described in ORS 192.502(4):

(1) Residential address and telephonenumbers;

(2) Personal electronic mail addressesand personal cellular telephone numbers;

(3) Social Security numbers andemployer-issued identification card numbers;and

(4) Emergency contact information. [2015c.26 §4]


192.505 Exempt and nonexempt publicrecord to be separated. If any public recordcontains material which is not exempt underORS 192.501 and 192.502, as well as materialwhich is exempt from disclosure, the publicbody shall separate the exempt and nonex-empt material and make the nonexempt ma-terial available for examination. [1987 c.764 §4(enacted in lieu of 192.500)]

RECORDS OF INDIVIDUAL WITH DISABILITY OR MENTAL ILLNESS

192.515 Definitions for ORS 192.515and 192.517. As used in this section and ORS179.505 and 192.517:

(1) “Facilities” includes, but is not lim-ited to, hospitals, nursing homes, facilitiesdefined in ORS 430.205, board and carehomes, homeless shelters, juvenile trainingschools, youth care centers, juvenile de-tention centers, jails and prisons.

(2) “Individual” means:(a) An individual with a developmental

disability as defined in the DevelopmentalDisabilities Assistance and Bill of Rights Act(42 U.S.C. 15002) as in effect on January 1,2003;

(b) An individual with mental illness asdefined in the Protection and Advocacy forMentally Ill Individuals Act (42 U.S.C. 10802)as in effect on January 1, 2003; or

(c) An individual with disabilities as de-scribed in 29 U.S.C. 794e as in effect onJanuary 1, 2006, other than:

(A) An inmate in a facility operated bythe Department of Corrections whose onlydisability is drug or alcohol addiction; and

(B) A person confined in a youth cor-rection facility, as that term is defined in



ORS 420.005, whose only disability is drug oralcohol addiction.

(3)(a) “Other legal representative” meansa person who has been granted or retains le-gal authority to exercise an individual’spower to permit access to the individual’srecords.

(b) “Other legal representative” does notinclude a legal guardian, the state or a poli-tical subdivision of this state.

(4) “Records” includes, but is not limitedto, reports prepared or received by any staffof a facility rendering care or treatment, anymedical examiner’s report, autopsy report orlaboratory test report ordered by a medicalexaminer, reports prepared by an agency orstaff person charged with investigating re-ports of incidents of abuse, neglect, injury ordeath occurring at the facility that describesuch incidents and the steps taken to inves-tigate the incidents and discharge planningrecords or any information to which the in-dividual would be entitled access, if capable.[1993 c.262 §1; 1995 c.504 §1; 2003 c.14 §92; 2003 c.803 §7;2005 c.498 §7]

Note: 192.515 and 192.517 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 192 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

192.517 Access to records of individualwith disability or individual with mentalillness. (1) The system designated to protectand advocate for the rights of individualsshall have access to all records of:

(a) Any individual who is a client of thesystem if the individual or the legal guardianor other legal representative of the individ-ual has authorized the system to have suchaccess;

(b) Any individual, including an individ-ual who has died or whose whereabouts areunknown:

(A) If the individual by reason of theindividual’s mental or physical condition orage is unable to authorize such access;

(B) If the individual does not have a legalguardian or other legal representative, or thestate or a political subdivision of this stateis the legal guardian of the individual; and

(C) If a complaint regarding the rights orsafety of the individual has been received bythe system or if, as a result of monitoring orother activities which result from a com-plaint or other evidence, there is probablecause to believe that the individual has beensubject to abuse or neglect; and

(c) Any individual who has a legalguardian or other legal representative, whois the subject of a complaint of abuse orneglect received by the system, or whosehealth and safety is believed with probable

cause to be in serious and immediatejeopardy if the legal guardian or other legalrepresentative:

(A) Has been contacted by the systemupon receipt of the name and address of thelegal guardian or other legal representative;

(B) Has been offered assistance by thesystem to resolve the situation; and

(C) Has failed or refused to act on behalfof the individual.

(2) The system shall have access to thename, address and telephone number of anylegal guardian or other legal representativeof an individual.

(3) The system that obtains access to re-cords under this section shall maintain theconfidentiality of the records to the sameextent as is required of the provider of theservices, except as provided under the Pro-tection and Advocacy for Mentally Ill Indi-viduals Act (42 U.S.C. 10806) as in effect onJanuary 1, 2003.

(4) The system shall have reasonable ac-cess to facilities, including the residents andstaff of the facilities.

(5) This section is not intended to limitor overrule the provisions of ORS 41.675 or441.055 (7). [1993 c.262 §2; 1995 c.504 §2; 2003 c.14 §93;2003 c.803 §8; 2005 c.498 §8; 2009 c.595 §165; 2009 c.792§72]

Note: See note under 192.515.192.518 [2003 c.86 §1; renumbered 192.553 in 2011]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]

192.520 [2003 c.86 §3; renumbered 192.558 in 2011]192.521 [2003 c.86 §4; 2007 c.812 §1; renumbered

192.563 in 2011]192.522 [2003 c.86 §5; renumbered 192.566 in 2011]192.523 [2003 c.86 §6; renumbered 192.568 in 2011]192.524 [2003 c.86 §7; renumbered 192.571 in 2011]192.525 [1977 c.812 §1; 1997 c.635 §1; 1999 c.537 §2;

2001 c.104 §67; repealed by 2003 c.86 §8]192.526 [2005 c.253 §3; renumbered 192.573 in 2011]192.527 [2007 c.798 §2; 2009 c.595 §167; repealed by

2010 c.16 §1]192.528 [2007 c.798 §3; repealed by 2010 c.16 §1]192.529 [2007 c.800 §5; renumbered 192.581 in 2011]192.530 [1977 c.812 §2; 1995 c.79 §71; repealed by 2003

c.86 §8]

GENETIC PRIVACY192.531 Definitions for ORS 192.531 to

192.549. As used in ORS 192.531 to 192.549:(1) “Anonymous research” means scien-

tific or medical genetic research conductedin such a manner that any DNA sample orgenetic information used in the research isunidentified.

(2) “Blanket informed consent” meansthat the individual has consented to the use



of the individual’s DNA sample or health in-formation for any future research, but hasnot been provided with a description of orconsented to the use of the sample in geneticresearch or any specific genetic researchproject.

(3) “Blood relative” means a person whois:

(a) Related by blood to an individual; and(b) A parent, sibling, son, daughter,

grandparent, grandchild, aunt, uncle, firstcousin, niece or nephew of the individual.

(4) “Clinical” means relating to or ob-tained through the actual observation, diag-nosis or treatment of patients and notthrough research.

(5) “Coded” means identifiable onlythrough the use of a system of encryptionthat links a DNA sample or genetic informa-tion to an individual or the individual’s bloodrelative. A coded DNA sample or genetic in-formation is supplied by a repository to aninvestigator with a system of encryption.

(6) “Deidentified” means lacking, or hav-ing had removed, the identifiers or system ofencryption that would make it possible for aperson to link a DNA sample or genetic in-formation to an individual or the individual’sblood relative, and neither the investigatornor the repository can reconstruct the iden-tity of the individual from whom the sampleor information was obtained. DeidentifiedDNA samples and genetic information mustmeet the standards provided in 45 C.F.R.164.502(d) and 164.514(a) to (c), as in effecton July 17, 2007.

(7) “Disclose” means to release, publishor otherwise make known to a third party aDNA sample or genetic information.

(8) “DNA” means deoxyribonucleic acid.(9) “DNA sample” means any human bi-

ological specimen that is obtained or re-tained for the purpose of extracting andanalyzing DNA to perform a genetic test.“DNA sample” includes DNA extracted fromthe specimen.

(10) “Genetic characteristic” includes agene, chromosome or alteration thereof thatmay be tested to determine the existence orrisk of a disease, disorder, trait, propensityor syndrome, or to identify an individual ora blood relative. “Genetic characteristic”does not include family history or a genet-ically transmitted characteristic whose exist-ence or identity is determined other thanthrough a genetic test.

(11) “Genetic information” means infor-mation about an individual or theindividual’s blood relatives obtained from agenetic test.

(12) “Genetic privacy statutes” meansORS 192.531 to 192.549, 659A.303 and 746.135and the provisions of ORS 659A.300 relatingto genetic testing.

(13) “Genetic research” means researchusing DNA samples, genetic testing or ge-netic information.

(14) “Genetic test” means a test for de-termining the presence or absence of geneticcharacteristics in an individual or theindividual’s blood relatives, including testsof nucleic acids such as DNA, RNA andmitochondrial DNA, chromosomes or prote-ins in order to diagnose or determine a ge-netic characteristic.

(15) “Health care provider” has themeaning given that term in ORS 192.556.

(16) “Identifiable” means capable of beinglinked to the individual or a blood relativeof the individual from whom the DNA sampleor genetic information was obtained.

(17) “Identified” means having an identi-fier that links, or that could readily allowthe recipient to link, a DNA sample or ge-netic information directly to the individualor a blood relative of the individual fromwhom the sample or information was ob-tained.

(18) “Identifier” means data elementsthat directly link a DNA sample or geneticinformation to the individual or a blood rel-ative of the individual from whom the sampleor information was obtained. Identifiers in-clude, but are not limited to, names, tele-phone numbers, electronic mail addresses,Social Security numbers, driver license num-bers and fingerprints.

(19) “Individually identifiable health in-formation” has the meaning given that termin ORS 192.556.

(20) “Obtain genetic information” meansperforming or getting the results of a genetictest.

(21) “Person” has the meaning given inORS 433.045.

(22) “Research” means a systematic in-vestigation, including research development,testing and evaluation, designed to developor contribute to generalized knowledge.

(23) “Retain a DNA sample” means theact of storing the DNA sample.

(24) “Retain genetic information” meansmaking a record of the genetic information.

(25) “Unidentified” means deidentified ornot identifiable. [Formerly 659.700; 2003 c.333 §1;2005 c.678 §1; 2007 c.800 §6]




192.533 Legislative findings; purposes.(1) The Legislative Assembly finds that:

(a) The DNA molecule contains informa-tion about the probable medical future of anindividual and the individual’s blood rela-tives. This information is written in a codethat is rapidly being broken.

(b) Genetic information is uniquely pri-vate and personal information that generallyshould not be collected, retained or disclosedwithout the individual’s authorization.

(c) The improper collection, retention ordisclosure of genetic information can lead tosignificant harm to an individual and theindividual’s blood relatives, includingstigmatization and discrimination in areassuch as employment, education, health careand insurance.

(d) An analysis of an individual’s DNAprovides information not only about the in-dividual, but also about blood relatives of theindividual, with the potential for impactingfamily privacy, including reproductive deci-sions.

(e) Current legal protections for medicalinformation, tissue samples and DNA sam-ples are inadequate to protect genetic pri-vacy.

(f) Laws for the collection, storage anduse of identifiable DNA samples and privategenetic information obtained from thosesamples are needed both to protect individualand family privacy and to permit and en-courage legitimate scientific and medical re-search.

(2) The purposes of the genetic privacystatutes are as follows:

(a) To define the rights of individualswhose genetic information is collected, re-tained or disclosed and the rights of theindividuals’ blood relatives.

(b) To define the circumstances underwhich an individual may be subjected to ge-netic testing.

(c) To define the circumstances underwhich an individual’s genetic informationmay be collected, retained or disclosed.

(d) To protect against discrimination byan insurer or employer based upon anindividual’s genetic characteristics.

(e) To define the circumstances underwhich a DNA sample or genetic informationmay be used for research. [Formerly 659.705; 2003c.333 §2]


192.535 Informed consent for obtain-ing genetic information. (1) A person maynot obtain genetic information from an indi-vidual, or from an individual’s DNA sample,without first obtaining informed consent of

the individual or the individual’s represen-tative, except:

(a) As authorized by ORS 181A.155 orcomparable provisions of federal criminal lawrelating to the identification of persons, orfor the purpose of establishing the identityof a person in the course of an investigationconducted by a law enforcement agency, adistrict attorney, a medical examiner or theCriminal Justice Division of the Departmentof Justice;

(b) For anonymous research or coded re-search conducted under conditions describedin ORS 192.537 (2), after notification pursu-ant to ORS 192.538 or pursuant to ORS192.547 (7)(b);

(c) As permitted by rules of the OregonHealth Authority for identification of de-ceased individuals;

(d) As permitted by rules of the OregonHealth Authority for newborn screening pro-cedures;

(e) As authorized by statute for the pur-pose of establishing paternity; or

(f) For the purpose of furnishing geneticinformation relating to a decedent for med-ical diagnosis of blood relatives of the dece-dent.

(2) Except as provided in subsection (3)of this section, a physician licensed underORS chapter 677 shall seek the informedconsent of the individual or the individual’srepresentative for the purposes of subsection(1) of this section in the manner provided byORS 677.097. Except as provided in subsec-tion (3) of this section, any other licensedhealth care provider or facility must seek theinformed consent of the individual or theindividual’s representative for the purposesof subsection (1) of this section in a mannersubstantially similar to that provided by ORS677.097 for physicians.

(3) A person conducting research shallseek the informed consent of the individualor the individual’s representative for thepurposes of subsection (1) of this section inthe manner provided by ORS 192.547.

(4) Except as provided in ORS 746.135 (1),any person not described in subsection (2) or(3) of this section must seek the informedconsent of the individual or the individual’srepresentative for the purposes of subsection(1) of this section in the manner provided byrules adopted by the Oregon Health Author-ity.

(5) The Oregon Health Authority may notadopt rules under subsection (1)(d) of thissection that would require the providing ofa DNA sample for the purpose of obtainingcomplete genetic information used to screen



all newborns. [Formerly 659.710; 2003 c.333 §3; 2005c.678 §2; 2009 c.595 §168]


192.537 Individual’s rights in geneticinformation; retention of information;destruction of information. (1) Subject tothe provisions of ORS 192.531 to 192.549,659A.303 and 746.135, an individual’s geneticinformation and DNA sample are private andmust be protected, and an individual has aright to the protection of that privacy. Anyperson authorized by law or by an individualor an individual’s representative to obtain,retain or use an individual’s genetic infor-mation or any DNA sample must maintainthe confidentiality of the information orsample and protect the information or samplefrom unauthorized disclosure or misuse.

(2)(a) A person may use an individual’sDNA sample or genetic information that isderived from a biological specimen or clinicalindividually identifiable health informationfor anonymous research or coded researchonly if the individual:

(A) Has granted informed consent for thespecific anonymous research or coded re-search project;

(B) Has granted consent for genetic re-search generally;

(C) Was notified in accordance with ORS192.538 that the individual’s biological speci-men or clinical individually identifiablehealth information may be used for anony-mous research or coded research and the in-dividual did not, at the time of notification,request that the biological specimen or clin-ical individually identifiable health informa-tion not be used for anonymous research orcoded research; or

(D) Was not notified, due to emergencycircumstances, in accordance with ORS192.538 that the individual’s biological speci-men or clinical individually identifiablehealth information may be used for anony-mous research or coded research and the in-dividual died before receiving the notice.

(b) Paragraph (a) of this subsection doesnot apply to biological specimens or clinicalindividually identifiable health informationobtained before July 29, 2005, if an institu-tional review board operating under ORS192.547 (1)(b) meets the requirements de-scribed in ORS 192.547 (7)(b).

(3) A person may not retain anotherindividual’s genetic information or DNAsample without first obtaining authorizationfrom the individual or the individual’s repre-sentative, unless:

(a) Retention is authorized by ORS181A.155 or comparable provisions of federalcriminal law relating to identification ofpersons, or is necessary for the purpose of a

criminal or death investigation, a criminalor juvenile proceeding, an inquest or a childfatality review by a county multidisciplinarychild abuse team;

(b) Retention is authorized by specificcourt order pursuant to rules adopted by theChief Justice of the Supreme Court for civilactions;

(c) Retention is permitted by rules of theOregon Health Authority for identificationof, or testing to benefit blood relatives of,deceased individuals;

(d) Retention is permitted by rules of theauthority for newborn screening procedures;or

(e) Retention is for anonymous researchor coded research conducted after notifica-tion or with consent pursuant to subsection(2) of this section or ORS 192.538.

(4) The DNA sample of an individualfrom which genetic information has been ob-tained shall be destroyed promptly upon thespecific request of that individual or theindividual’s representative, unless:

(a) Retention is authorized by ORS181A.155 or comparable provisions of federalcriminal law relating to identification ofpersons, or is necessary for the purpose of acriminal or death investigation, a criminalor juvenile proceeding, an inquest or a childfatality review by a county multidisciplinarychild abuse team;

(b) Retention is authorized by specificcourt order pursuant to rules adopted by theChief Justice of the Supreme Court for civilactions; or

(c) Retention is for anonymous researchor coded research conducted after notifica-tion or with consent pursuant to subsection(2) of this section or ORS 192.538.

(5) A DNA sample from an individualthat is the subject of a research project,other than an anonymous research project,shall be destroyed promptly upon completionof the project or withdrawal of the individualfrom the project, whichever occurs first, un-less the individual or the individual’s repre-sentative directs otherwise by informedconsent.

(6) A DNA sample from an individual forinsurance or employment purposes shall bedestroyed promptly after the purpose forwhich the sample was obtained has been ac-complished unless retention is authorized byspecific court order pursuant to rulesadopted by the Chief Justice of the SupremeCourt for civil, criminal and juvenile pro-ceedings.

(7) An individual or an individual’s rep-resentative, promptly upon request, may in-spect, request correction of and obtain



genetic information from the records of theindividual.

(8) Subject to the provisions of ORS192.531 to 192.549, and to policies adopted bythe person in possession of a DNA sample,an individual or the individual’s represen-tative may request that the individual’s DNAsample be made available for additional ge-netic testing for medical diagnostic purposes.If the individual is deceased and has notdesignated a representative to act on behalfof the individual after death, a request underthis subsection may be made by the closestsurviving blood relative of the decedent or,if there is more than one surviving bloodrelative of the same degree of relationship tothe decedent, by the majority of the surviv-ing closest blood relatives of the decedent.

(9) The Oregon Health Authority shallcoordinate the implementation of this sec-tion.

(10) Subsections (3) to (8) of this sectionapply only to a DNA sample or genetic in-formation that is coded, identified or iden-tifiable.

(11) This section does not apply to anylaw, contract or other arrangement that de-termines a person’s rights to compensationrelating to substances or information derivedfrom an individual’s DNA sample. [Formerly659.715; 2003 c.333 §4; 2005 c.562 §21; 2005 c.678 §3; 2009c.595 §169]


Sec. 10. Notwithstanding ORS 192.537 (2)(a)(C), aperson may use an individual’s DNA sample or geneticinformation for anonymous research if the DNA sampleor genetic information was obtained prior to the effec-tive date of this 2003 Act [June 12, 2003] and the indi-vidual was not notified the sample or geneticinformation may be used for anonymous research. [2003c.333 §10]


192.538 Notice by health care providerregarding anonymous or coded research.(1) A health care provider that is a coveredentity as defined in ORS 192.556 (2)(c) andthat obtains an individual’s biological speci-men or clinical individually identifiablehealth information shall notify the individualthat the biological specimen or clinical indi-vidually identifiable health information maybe disclosed or retained by the provider foranonymous research or coded research.

(2) A health care provider that is not acovered entity as defined in ORS 192.556(2)(c) and that obtains an individual’s biolog-ical specimen or clinical individually iden-tifiable health information may notify theindividual that the biological specimen orclinical individually identifiable health infor-mation may be disclosed or retained by theprovider for anonymous research or codedresearch.

(3) A health care provider described insubsection (1) of this section shall provide anotice to the individual describing how thebiological specimen or clinical individuallyidentifiable health information may be usedand allowing the individual to request thatthe specimen or information not be disclosedor retained for anonymous research or codedresearch. The notice must contain a placewhere the individual may mark theindividual’s request that the specimen or in-formation not be disclosed or retained foranonymous research or coded research beforereturning the notice to the health care pro-vider.

(4) The notice described in subsection (3)of this section:

(a) Must be given no later than when theprovider obtains an individual’s biologicalspecimen or clinical individually identifiablehealth information; and

(b) May be given at the same time and inthe same manner as the notice of privacypractices required under the federal HealthInsurance Portability and Accountability Actprivacy regulations, 45 C.F.R. parts 160 and164. [2005 c.678 §5]


192.539 Disclosure of genetic informa-tion; exceptions. (1) Regardless of the man-ner of receipt or the source of geneticinformation, including information receivedfrom an individual or a blood relative of theindividual, a person may not disclose or becompelled, by subpoena or any other means,to disclose the identity of an individual uponwhom a genetic test has been performed orthe identity of a blood relative of the indi-vidual, or to disclose genetic informationabout the individual or a blood relative ofthe individual in a manner that permitsidentification of the individual, unless:

(a) Disclosure is authorized by ORS181A.155 or comparable provisions of federalcriminal law relating to identification ofpersons, or is necessary for the purpose of acriminal or death investigation, a criminalor juvenile proceeding, an inquest, or a childfatality review by a county multidisciplinarychild abuse team;

(b) Disclosure is required by specificcourt order entered pursuant to rulesadopted by the Chief Justice of the SupremeCourt for civil actions;

(c) Disclosure is authorized by statute forthe purpose of establishing paternity;

(d) Disclosure is specifically authorizedby the tested individual or the testedindividual’s representative by signing a con-sent form prescribed by rules of the OregonHealth Authority;



(e) Disclosure is for the purpose of fur-nishing genetic information relating to a de-cedent for medical diagnosis of bloodrelatives of the decedent; or

(f) Disclosure is for the purpose of iden-tifying bodies.

(2) The prohibitions of this section applyto any redisclosure by any person after an-other person has disclosed genetic informa-tion or the identity of an individual uponwhom a genetic test has been performed, orhas disclosed genetic information or theidentity of a blood relative of the individual.

(3) A release or publication is not a dis-closure if:

(a) It involves a good faith belief by theperson who caused the release or publicationthat the person was not in violation of thissection;

(b) It is not due to willful neglect;(c) It is corrected in the manner de-

scribed in ORS 192.541 (4);(d) The correction with respect to genetic

information is completed before the informa-tion is read or heard by a third party; and

(e) The correction with respect to DNAsamples is completed before the sample isretained or genetically tested by a thirdparty. [Formerly 659.720; 2005 c.562 §22; 2009 c.595§170]


192.540 Use of deceased individual’sDNA sample or genetic information forresearch. Notwithstanding ORS 192.535 and192.537 (2), a person may use an individual’sDNA sample or genetic information that isderived from a biological specimen or clinicalindividually identifiable health informationfor anonymous research or coded research ifthe individual was deceased when theindividual’s biological specimen or clinicalindividually identifiable health informationwas obtained. [2005 c.678 §8]


192.541 Private right of action; reme-dies; affirmative defense; attorney fees.(1) An individual or an individual’s bloodrelative, representative or estate may bringa civil action against any person who vio-lates ORS 192.535, 192.537, 192.539 or 192.547.

(2) For a violation of ORS 192.537 or192.547, the court shall award the greater ofactual damages or:

(a) $100, for an inadvertent violation thatdoes not arise out of the negligence of thedefendant;

(b) $500, for a negligent violation;(c) $10,000, for a knowing or reckless vi-

olation;

(d) $15,000, for a knowing violation basedon a fraudulent misrepresentation; or

(e) $25,000, for a knowing violation com-mitted with intent to sell, transfer or use forcommercial advantage, personal gain or ma-licious harm.

(3) For a violation of ORS 192.535 or192.539, the court shall award the greater ofactual damages or:

(a) $1,000, for an inadvertent violationthat does not arise out of the negligence ofthe defendant;

(b) $5,000, for a negligent violation;(c) $100,000, for a knowing or reckless

violation;(d) $150,000, for a knowing violation

based on a fraudulent misrepresentation; or(e) $250,000, for a knowing violation

committed with intent to sell, transfer or usefor commercial advantage, personal gain ormalicious harm.

(4) It is an affirmative defense to an ac-tion described in subsection (2)(a) or (b) or(3)(a) or (b) of this section that the defendantcorrected the violation through destructionof illegally retained or obtained samples orinformation, or took other action to correctthe violation, if the correction was completedwithin 120 days after the defendant knew orshould have known that the violation oc-curred.

(5) The court may provide such equitablerelief as it deems necessary or proper.

(6)(a) The court may award attorney feesto a defendant only if the court finds that theplaintiff had no objectively reasonable basisfor asserting a claim or for appealing an ad-verse decision of the trial court.

(b) The court shall award attorney feesto a plaintiff if the court finds that the de-fendant committed a violation described insubsection (2)(c), (d) or (e) or (3)(c), (d) or (e)of this section.

(7) An action authorized by subsection (1)of this section must be commenced withinthree years after the date the plaintiff knewor should have known of the violation, butin no instance more than 10 years after thedate of the violation.

(8) A plaintiff may recover damages pro-vided by subsections (2) and (3) of this sec-tion for each violation by a defendant.

(9) ORS 31.725, 31.730, 31.735 and 31.740do not apply to amounts awarded in actionsunder this section. [2001 c.588 §2]


192.543 Criminal penalty. (1) A personcommits the crime of unlawfully obtaining,retaining or disclosing genetic information ifthe person knowingly, recklessly or with



criminal negligence, as those terms are de-fined in ORS 161.085, obtains, retains or dis-closes genetic information in violation ofORS 192.531 to 192.549.

(2) Unlawfully obtaining, retaining ordisclosing genetic information is a Class Amisdemeanor. [2001 c.588 §3]


192.545 Enforcement; Attorney Gen-eral or district attorney; intervention. (1)The Attorney General or a district attorneymay bring an action against a person whoviolates ORS 192.535, 192.537, 192.539 or192.547. In addition to remedies otherwiseprovided in ORS 192.541, the court shallaward to the Attorney General or districtattorney the costs of the investigation.

(2) The Attorney General may intervenein a civil action brought under ORS 192.541if the Attorney General certifies that, in theopinion of the Attorney General, the actionis of general public importance. In the ac-tion, the Attorney General shall be entitledto the same relief as if the Attorney Generalinstituted the action under this section. [2001c.588 §4]


192.547 Oregon Health Authorityrules; procedures. (1)(a) The Oregon HealthAuthority shall adopt rules for conductingresearch using DNA samples, genetic testingand genetic information. Rules establishingminimum research standards shall conformto the Federal Policy for the Protection ofHuman Subjects, 45 C.F.R. 46, that is currentat the time the rules are adopted. The rulesmay be changed from time to time as may benecessary.

(b) The rules adopted by the OregonHealth Authority shall address the operationand appointment of institutional reviewboards. The rules shall conform to the com-positional and operational standards for suchboards contained in the Federal Policy forthe Protection of Human Subjects that iscurrent at the time the rules are adopted.The rules must require that research con-ducted under paragraph (a) of this subsectionbe conducted with the approval of the insti-tutional review board.

(c) Persons proposing to conduct anony-mous research, coded research or genetic re-search that is otherwise thought to beexempt from review must obtain from an in-stitutional review board prior to conductingsuch research a determination that the pro-posed research is exempt from review.

(2) A person proposing to conduct re-search under subsection (1) of this section,including anonymous research or coded re-search, must disclose to the institutional re-view board the proposed use of DNA

samples, genetic testing or genetic informa-tion.

(3) The Oregon Health Authority shalladopt rules requiring that all institutionalreview boards operating under subsection(1)(b) of this section register with the de-partment. The Advisory Committee on Ge-netic Privacy and Research shall use theregistry to educate institutional reviewboards about the purposes and requirementsof the genetic privacy statutes and adminis-trative rules relating to genetic research.

(4) The Oregon Health Authority shallconsult with the Advisory Committee on Ge-netic Privacy and Research before adoptingthe rules required under subsections (1) and(3) of this section, including rules identifyingthose parts of the Federal Policy for theProtection of Human Subjects that are ap-plicable to this section.

(5) Genetic research in which the DNAsample or genetic information is coded shallsatisfy the following requirements:

(a)(A) The subject has granted informedconsent for the specific research project;

(B) The subject has consented to geneticresearch generally; or

(C) The DNA sample or genetic informa-tion is derived from a biological specimen orfrom clinical individually identifiable healthinformation that was obtained or retained incompliance with ORS 192.537 (2).

(b) The research has been approved by aninstitutional review board after disclosure bythe investigator to the board of risks associ-ated with the coding.

(c) The code is:(A) Not derived from individual identifi-

ers;(B) Kept securely and separately from

the DNA samples and genetic information;and

(C) Not accessible to the investigatorunless specifically approved by the institu-tional review board.

(d) Data is stored securely in passwordprotected electronic files or by other meanswith access limited to necessary personnel.

(e) The data is limited to elements re-quired for analysis and meets the criteria in45 C.F.R 164.514(e) for a limited data set.

(f) The investigator is a party to the datause agreement as provided by 45 C.F.R.164.514(e) for limited data set recipients.

(6) Research conducted in accordancewith this section is rebuttably presumed tocomply with ORS 192.535 and 192.539.

(7)(a) Notwithstanding ORS 192.535, aperson may use a DNA sample or genetic



information obtained, with blanket informedconsent, before June 25, 2001, for genetic re-search.

(b) Notwithstanding ORS 192.535, a per-son may use a DNA sample or genetic infor-mation obtained without specific informedconsent and derived from a biological speci-men or clinical individually identifiablehealth information for anonymous researchor coded research if an institutional reviewboard operating under subsection (1)(b) ofthis section:

(A) Waives or alters the consent require-ments pursuant to the Federal Policy for theProtection of Human Subjects; and

(B) Waives authorization pursuant to thefederal Health Insurance Portability and Ac-countability Act privacy regulations, 45C.F.R. parts 160 and 164.

(c) Except as provided in subsection (5)(a)of this section or paragraph (b) of this sub-section, a person must have specific informedconsent from an individual to use a DNAsample or genetic information of the individ-ual obtained on or after June 25, 2001, forgenetic research.

(8) Except as otherwise allowed by ruleof the Oregon Health Authority, if DNAsamples or genetic information obtained foreither clinical or research purposes is usedin research, a person may not recontact theindividual or the physician, physician assis-tant or nurse practitioner of the individualby using research information that is iden-tifiable or coded. The Oregon Health Au-thority shall adopt by rule criteria forrecontacting an individual or the physician,physician assistant or nurse practitioner ofan individual. In adopting the criteria, thedepartment shall consider the recommen-dations of national organizations such asthose created by executive order by thePresident of the United States and the rec-ommendations of the Advisory Committee onGenetic Privacy and Research.

(9) The requirements for consent to, ornotification of, obtaining a DNA sample orgenetic information for genetic research aregoverned by the provisions of ORS 192.531 to192.549 and the administrative rules thatwere in effect on the effective date of theinstitutional review board’s most recent ap-proval of the study. [2001 c.588 §6; 2003 c.333 §5;2005 c.678 §6; 2009 c.595 §171; 2014 c.45 §33]


192.549 Advisory Committee on Ge-netic Privacy and Research. (1) The Advi-sory Committee on Genetic Privacy andResearch is established consisting of 15members. The President of the Senate andthe Speaker of the House of Representativesshall each appoint one member and one al-

ternate. The Director of the Oregon HealthAuthority shall appoint one representativeand one alternate from each of the followingcategories:

(a) Academic institutions involved in ge-netic research;

(b) Physicians licensed under ORS chap-ter 677;

(c) Voluntary organizations involved inthe development of public policy on issuesrelated to genetic privacy;

(d) Hospitals;(e) The Department of Consumer and

Business Services;(f) The Oregon Health Authority;(g) Health care service contractors in-

volved in genetic and health services re-search;

(h) The biosciences industry;(i) The pharmaceutical industry;(j) Health care consumers;(k) Organizations advocating for privacy

of medical information;(L) Public members of institutional re-

view boards; and(m) Organizations or individuals promot-

ing public education about genetic researchand genetic privacy and public involvementin policymaking related to genetic researchand genetic privacy.

(2) Organizations and individuals repres-enting the categories listed in subsection (1)of this section may recommend nominees formembership on the advisory committee tothe President, the Speaker and the director.

(3) Members and alternate members ofthe advisory committee serve two-year termsand may be reappointed.

(4) Members and alternate members ofthe advisory committee serve at the pleasureof the appointing entity.

(5) Notwithstanding ORS 171.072, mem-bers and alternate members of the advisorycommittee who are members of the Legisla-tive Assembly are not entitled to mileageexpenses or a per diem and serve as volun-teers on the advisory committee. Othermembers and alternate members of the advi-sory committee are not entitled to compen-sation or reimbursement for expenses andserve as volunteers on the advisory commit-tee.

(6) The Oregon Health Authority shallprovide staff for the advisory committee.

(7) The advisory committee shall reportbiennially to the Legislative Assembly in themanner provided by ORS 192.245. The reportshall include the activities and the results ofany studies conducted by the advisory com-



mittee. The advisory committee may makeany recommendations for legislative changesdeemed necessary by the advisory committee.

(8) The advisory committee shall studythe use and disclosure of genetic informationand shall develop and refine a legal frame-work that defines the rights of individualswhose DNA samples and genetic informationare collected, stored, analyzed and disclosed.

(9) The advisory committee shall createopportunities for public education on thescientific, legal and ethical developmentwithin the fields of genetic privacy and re-search. The advisory committee shall alsoelicit public input on these matters. The ad-visory committee shall make reasonable ef-forts to obtain public input that isrepresentative of the diversity of opinion onthis subject. The advisory committee’s rec-ommendations to the Legislative Assemblyshall take into consideration public concernsand values related to these matters. [2001 c.588§7; 2003 c.333 §6; 2009 c.595 §172; 2011 c.272 §4]

Note: See note under 192.531.192.550 [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]

PROTECTED HEALTH INFORMATION192.553 Policy for protected health in-

formation. (1) It is the policy of the Stateof Oregon that an individual has:

(a) The right to have protected healthinformation of the individual safeguardedfrom unlawful use or disclosure; and

(b) The right to access and review pro-tected health information of the individual.

(2) In addition to the rights and obli-gations expressed in ORS 192.553 to 192.581,the federal Health Insurance Portability andAccountability Act privacy regulations, 45C.F.R. parts 160 and 164, establish additionalrights and obligations regarding the use anddisclosure of protected health informationand the rights of individuals regarding theprotected health information of the individ-ual. [Formerly 192.518]


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]

192.556 Definitions for ORS 192.553 to192.581. As used in ORS 192.553 to 192.581:

(1) “Authorization” means a documentwritten in plain language that contains atleast the following:

(a) A description of the information to beused or disclosed that identifies the informa-tion in a specific and meaningful way;

(b) The name or other specific identifica-tion of the person or persons authorized tomake the requested use or disclosure;

(c) The name or other specific identifica-tion of the person or persons to whom thecovered entity may make the requested useor disclosure;

(d) A description of each purpose of therequested use or disclosure, including butnot limited to a statement that the use ordisclosure is at the request of the individual;

(e) An expiration date or an expirationevent that relates to the individual or thepurpose of the use or disclosure;

(f) The signature of the individual orpersonal representative of the individual andthe date;

(g) A description of the authority of thepersonal representative, if applicable; and

(h) Statements adequate to place the in-dividual on notice of the following:

(A) The individual’s right to revoke theauthorization in writing;

(B) The exceptions to the right to revokethe authorization;

(C) The ability or inability to conditiontreatment, payment, enrollment or eligibilityfor benefits on whether the individual signsthe authorization; and

(D) The potential for information dis-closed pursuant to the authorization to besubject to redisclosure by the recipient andno longer protected.

(2) “Covered entity” means:(a) A state health plan;(b) A health insurer;(c) A health care provider that transmits

any health information in electronic form tocarry out financial or administrative activ-ities in connection with a transaction cov-ered by ORS 192.553 to 192.581; or

(d) A health care clearinghouse.(3) “Health care” means care, services or

supplies related to the health of an individ-ual.

(4) “Health care operations” includes butis not limited to:

(a) Quality assessment, accreditation, au-diting and improvement activities;

(b) Case management and care coordi-nation;

(c) Reviewing the competence, qualifica-tions or performance of health care providersor health insurers;

(d) Underwriting activities;



(e) Arranging for legal services;(f) Business planning;(g) Customer services;(h) Resolving internal grievances;(i) Creating deidentified information; and(j) Fundraising.(5) “Health care provider” includes but

is not limited to:(a) A psychologist, occupational thera-

pist, regulated social worker, professionalcounselor or marriage and family therapistlicensed or otherwise authorized to practiceunder ORS chapter 675 or an employee of thepsychologist, occupational therapist, regu-lated social worker, professional counseloror marriage and family therapist;

(b) A physician or physician assistant li-censed under ORS chapter 677, an acupunc-turist licensed under ORS 677.759 or anemployee of the physician, physician assis-tant or acupuncturist;

(c) A nurse or nursing home administra-tor licensed under ORS chapter 678 or anemployee of the nurse or nursing home ad-ministrator;

(d) A dentist licensed under ORS chapter679 or an employee of the dentist;

(e) A dental hygienist or denturist li-censed under ORS chapter 680 or an em-ployee of the dental hygienist or denturist;

(f) A speech-language pathologist oraudiologist licensed under ORS chapter 681or an employee of the speech-language pa-thologist or audiologist;

(g) An emergency medical services pro-vider licensed under ORS chapter 682;

(h) An optometrist licensed under ORSchapter 683 or an employee of the optom-etrist;

(i) A chiropractic physician licensed un-der ORS chapter 684 or an employee of thechiropractic physician;

(j) A naturopathic physician licensed un-der ORS chapter 685 or an employee of thenaturopathic physician;

(k) A massage therapist licensed underORS 687.011 to 687.250 or an employee of themassage therapist;

(L) A direct entry midwife licensed underORS 687.405 to 687.495 or an employee of thedirect entry midwife;

(m) A physical therapist licensed underORS 688.010 to 688.201 or an employee of thephysical therapist;

(n) A medical imaging licensee underORS 688.405 to 688.605 or an employee of themedical imaging licensee;

(o) A respiratory care practitioner li-censed under ORS 688.815 or an employee ofthe respiratory care practitioner;

(p) A polysomnographic technologist li-censed under ORS 688.819 or an employee ofthe polysomnographic technologist;

(q) A pharmacist licensed under ORSchapter 689 or an employee of the pharma-cist;

(r) A dietitian licensed under ORS691.405 to 691.485 or an employee of thedietitian;

(s) A funeral service practitioner licensedunder ORS chapter 692 or an employee of thefuneral service practitioner;

(t) A health care facility as defined inORS 442.015;

(u) A home health agency as defined inORS 443.014;

(v) A hospice program as defined in ORS443.850;

(w) A clinical laboratory as defined inORS 438.010;

(x) A pharmacy as defined in ORS689.005;

(y) A diabetes self-management programas defined in ORS 743A.184; and

(z) Any other person or entity that fur-nishes, bills for or is paid for health care inthe normal course of business.

(6) “Health information” means any oralor written information in any form or me-dium that:

(a) Is created or received by a coveredentity, a public health authority, an em-ployer, a life insurer, a school, a universityor a health care provider that is not a cov-ered entity; and

(b) Relates to:(A) The past, present or future physical

or mental health or condition of an individ-ual;

(B) The provision of health care to anindividual; or

(C) The past, present or future paymentfor the provision of health care to an indi-vidual.

(7) “Health insurer” means:(a) An insurer as defined in ORS 731.106

who offers:(A) A health benefit plan as defined in

ORS 743B.005;(B) A short term health insurance policy,

the duration of which does not exceed sixmonths including renewals;

(C) A student health insurance policy;(D) A Medicare supplemental policy; or



(E) A dental only policy.(b) The Oregon Medical Insurance Pool

operated by the Oregon Medical InsurancePool Board under ORS 735.600 to 735.650.

(8) “Individually identifiable health infor-mation” means any oral or written healthinformation in any form or medium that is:

(a) Created or received by a covered en-tity, an employer or a health care providerthat is not a covered entity; and

(b) Identifiable to an individual, includingdemographic information that identifies theindividual, or for which there is a reasonablebasis to believe the information can be usedto identify an individual, and that relates to:

(A) The past, present or future physicalor mental health or condition of an individ-ual;

(B) The provision of health care to anindividual; or

(C) The past, present or future paymentfor the provision of health care to an indi-vidual.

(9) “Payment” includes but is not limitedto:

(a) Efforts to obtain premiums or re-imbursement;

(b) Determining eligibility or coverage;(c) Billing activities;(d) Claims management;(e) Reviewing health care to determine

medical necessity;(f) Utilization review; and(g) Disclosures to consumer reporting

agencies.(10) “Personal representative” includes

but is not limited to:(a) A person appointed as a guardian un-

der ORS 125.305, 419B.372, 419C.481 or419C.555 with authority to make medical andhealth care decisions;

(b) A person appointed as a health carerepresentative under ORS 127.505 to 127.660or a representative under ORS 127.700 to127.737 to make health care decisions ormental health treatment decisions;

(c) A person appointed as a personal rep-resentative under ORS chapter 113; and

(d) A person described in ORS 192.573.(11)(a) “Protected health information”

means individually identifiable health infor-mation that is maintained or transmitted inany form of electronic or other medium by acovered entity.

(b) “Protected health information” doesnot mean individually identifiable health in-formation in:

(A) Education records covered by thefederal Family Educational Rights and Pri-vacy Act (20 U.S.C. 1232g);

(B) Records described at 20 U.S.C.1232g(a)(4)(B)(iv); or

(C) Employment records held by a cov-ered entity in its role as employer.

(12) “State health plan” means:(a) Medical assistance as defined in ORS

414.025;(b) The Health Care for All Oregon Chil-

dren program; or(c) Any medical assistance or premium

assistance program operated by the OregonHealth Authority.

(13) “Treatment” includes but is not lim-ited to:

(a) The provision, coordination or man-agement of health care; and

(b) Consultations and referrals betweenhealth care providers. [Formerly 192.519; 2013c.129 §24; 2013 c.681 §42]

Note: The amendments to 192.556 by section 30,chapter 698, Oregon Laws 2013, become operative July1, 2017. See section 41, chapter 698, Oregon Laws 2013.The text that is operative on and after July 1, 2017, isset forth for the user’s convenience.

192.556. 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 specificand meaningful way;

(b) The name or other specific identification of theperson or persons authorized to make the requested useor disclosure;

(c) The name or other specific identification of theperson or persons to whom the covered entity may makethe requested use or disclosure;

(d) A description of each purpose of the requesteduse or disclosure, including but not limited to a state-ment that the use or disclosure is at the request of theindividual;

(e) An expiration date or an expiration event thatrelates to the individual or the purpose of the use ordisclosure;

(f) The signature of the individual or personal rep-resentative of the individual and the date;

(g) A description of the authority of the personalrepresentative, if applicable; and

(h) Statements adequate to place the individual onnotice of the following:

(A) The individual’s right to revoke the authori-zation in writing;

(B) The exceptions to the right to revoke the au-thorization;

(C) The ability or inability to condition treatment,payment, enrollment or eligibility for benefits onwhether the individual signs the authorization; and

(D) The potential for information disclosed pursu-ant to the authorization to be subject to redisclosureby the recipient and no longer protected.

(2) “Covered entity” means:(a) A state health plan;



(b) A health insurer;(c) A health care provider that transmits any

health information in electronic form to carry out fi-nancial or administrative activities in connection witha transaction covered by ORS 192.553 to 192.581; or

(d) A health care clearinghouse.(3) “Health care” means care, services or supplies

related to the health of an individual.(4) “Health care operations” includes but is not

limited to:(a) Quality assessment, accreditation, auditing and

improvement activities;(b) Case management and care coordination;(c) Reviewing the competence, qualifications or

performance of health care providers or health insurers;(d) Underwriting activities;(e) Arranging for legal services;(f) Business planning;(g) Customer services;(h) Resolving internal grievances;(i) Creating deidentified information; and(j) Fundraising.(5) “Health care provider” includes but is not lim-

ited to:(a) A psychologist, occupational therapist, regu-

lated social worker, professional counselor or marriageand family therapist licensed or otherwise authorized topractice under ORS chapter 675 or an employee of thepsychologist, occupational therapist, regulated socialworker, professional counselor or marriage and familytherapist;

(b) A physician or physician assistant licensed un-der ORS chapter 677, an acupuncturist licensed underORS 677.759 or an employee of the physician, physicianassistant or acupuncturist;

(c) A nurse or nursing home administrator licensedunder ORS chapter 678 or an employee of the nurse ornursing home administrator;

(d) A dentist licensed under ORS chapter 679 or anemployee of the dentist;

(e) A dental hygienist or denturist licensed underORS chapter 680 or an employee of the dental hygienistor denturist;

(f) A speech-language pathologist or audiologist li-censed under ORS chapter 681 or an employee of thespeech-language pathologist or audiologist;

(g) An emergency medical services provider li-censed under ORS chapter 682;

(h) An optometrist licensed under ORS chapter 683or an employee of the optometrist;

(i) A chiropractic physician licensed under ORSchapter 684 or an employee of the chiropractic physi-cian;

(j) A naturopathic physician licensed under ORSchapter 685 or an employee of the naturopathic physi-cian;

(k) A massage therapist licensed under ORS 687.011to 687.250 or an employee of the massage therapist;

(L) A direct entry midwife licensed under ORS687.405 to 687.495 or an employee of the direct entrymidwife;

(m) A physical therapist licensed under ORS 688.010to 688.201 or an employee of the physical therapist;

(n) A medical imaging licensee under ORS 688.405to 688.605 or an employee of the medical imaging li-censee;

(o) A respiratory care practitioner licensed underORS 688.815 or an employee of the respiratory carepractitioner;

(p) A polysomnographic technologist licensed underORS 688.819 or an employee of the polysomnographictechnologist;

(q) A pharmacist licensed under ORS chapter 689or an employee of the pharmacist;

(r) A dietitian licensed under ORS 691.405 to 691.485or an employee of the dietitian;

(s) A funeral service practitioner licensed underORS chapter 692 or an employee of the funeral servicepractitioner;

(t) A health care facility as defined in ORS 442.015;(u) A home health agency as defined in ORS

443.014;(v) A hospice program as defined in ORS 443.850;(w) A clinical laboratory as defined in ORS 438.010;(x) A pharmacy as defined in ORS 689.005;(y) A diabetes self-management program as defined

in ORS 743A.184; and(z) Any other person or entity that furnishes, bills

for or is paid for health care in the normal course ofbusiness.

(6) “Health information” means any oral or writteninformation in any form or medium that:

(a) Is created or received by a covered entity, apublic health authority, an employer, a life insurer, aschool, a university or a health care provider that isnot a covered entity; and

(b) Relates to:(A) The past, present or future physical or mental

health or condition of an individual;(B) The provision of health care to an individual;

or(C) The past, present or future payment for the

provision of health care to an individual.(7) “Health insurer” means an insurer as defined in

ORS 731.106 who offers:(a) A health benefit plan as defined in ORS

743B.005;(b) A short term health insurance policy, the dura-

tion of which does not exceed six months including re-newals;

(c) A student health insurance policy;(d) A Medicare supplemental policy; or(e) A dental only policy.(8) “Individually identifiable health information”

means any oral or written health information in anyform or medium that is:

(a) Created or received by a covered entity, anemployer or a health care provider that is not a coveredentity; and

(b) Identifiable to an individual, including demo-graphic information that identifies the individual, or forwhich there is a reasonable basis to believe the infor-mation can be used to identify an individual, and thatrelates to:

(A) The past, present or future physical or mentalhealth or condition of an individual;

(B) The provision of health care to an individual;or

(C) The past, present or future payment for theprovision of health care to an individual.

(9) “Payment” includes but is not limited to:(a) Efforts to obtain premiums or reimbursement;(b) Determining eligibility or coverage;



(c) Billing activities;(d) Claims management;(e) Reviewing health care to determine medical ne-

cessity;(f) Utilization review; and(g) Disclosures to consumer reporting agencies.(10) “Personal representative” includes but is not

limited to:(a) A person appointed as a guardian under ORS

125.305, 419B.372, 419C.481 or 419C.555 with authority tomake medical and health care decisions;

(b) A person appointed as a health care represen-tative under ORS 127.505 to 127.660 or a representativeunder ORS 127.700 to 127.737 to make health care deci-sions or mental health treatment decisions;

(c) A person appointed as a personal representativeunder ORS chapter 113; and

(d) A person described in ORS 192.573.(11)(a) “Protected health information” means indi-

vidually identifiable health information that is main-tained or transmitted in any form of electronic or othermedium by a covered entity.

(b) “Protected health information” does not meanindividually identifiable health information in:

(A) Education records covered by the federal Fam-ily Educational Rights and Privacy Act (20 U.S.C.1232g);

(B) Records described at 20 U.S.C. 1232g(a)(4)(B)(iv);or

(C) Employment records held by a covered entityin its role as employer.

(12) “State health plan” means:(a) Medical assistance as defined in ORS 414.025;(b) The Health Care for All Oregon Children pro-

gram; or(c) Any medical assistance or premium assistance

program operated by the Oregon Health Authority.(13) “Treatment” includes but is not limited to:(a) The provision, coordination or management of

health care; and(b) Consultations and referrals between health care

providers.Note: See note under 192.553.192.557 [1987 c.438 §2; 1999 c.80 §69; 2003 c.73 §59;

renumbered 192.588 in 2011]

192.558 Use or disclosure by healthcare provider or state health plan. Ahealth care provider or state health plan:

(1) May use or disclose protected healthinformation of an individual in a mannerthat is consistent with an authorization pro-vided by the individual or a personal repre-sentative of the individual.

(2) May use or disclose protected healthinformation of an individual without obtain-ing an authorization from the individual ora personal representative of the individual:

(a) For the provider’s or plan’s owntreatment, payment or health care oper-ations; or

(b) As otherwise permitted or required bystate or federal law or by order of the court.

(3) May disclose protected health infor-mation of an individual without obtaining an

authorization from the individual or a per-sonal representative of the individual:

(a) To another covered entity for healthcare operations activities of the entity thatreceives the information if:

(A) Each entity has or had a relationshipwith the individual who is the subject of theprotected health information; and

(B) The protected health informationpertains to the relationship and the disclo-sure is for the purpose of:

(i) Health care operations as listed inORS 192.556 (4)(a) or (b); or

(ii) Health care fraud and abuse detectionor compliance;

(b) To another covered entity or anyother health care provider for treatment ac-tivities of a health care provider;

(c) To another covered entity or anyother health care provider for the paymentactivities of the entity that receives that in-formation; or

(d) In accordance with ORS 192.567.[Formerly 192.520; 2015 c.473 §5]


renumbered 192.591 in 2011]192.560 [1977 c.517 §3; renumbered 192.593 in 2011]

192.561 Disclosure by health care pro-vider in coordinated care organization. (1)Notwithstanding ORS 179.505, a health careprovider that is a participant in a coordi-nated care organization, as defined in ORS414.025, shall disclose protected health infor-mation:

(a) To other health care providers partic-ipating in the coordinated care organizationfor treatment purposes, and to the coordi-nated care organization for health care oper-ations and payment purposes, as permittedby ORS 192.558; and

(b) To public health entities as requiredfor health oversight purposes.

(2) The disclosures described in subsec-tion (1) of this section may be providedwithout the authorization of the patient orthe patient’s personal representative.

(3) Subsection (1) of this section does notapply to psychotherapy notes, as defined inORS 179.505. [2012 c.8 §16]


192.563 Health care provider and statehealth plan charges. A health care provideror state health plan that receives an author-ization to disclose protected health informa-tion may charge:

(1)(a) No more than $30 for copying 10or fewer pages of written material, no morethan 50 cents per page for pages 11 through



50 and no more than 25 cents for each addi-tional page; and

(b) A bonus charge of $5 if the requestfor records is processed and the records aremailed by first class mail to the requesterwithin seven business days after the date ofthe request;

(2) Postage costs to mail copies of pro-tected health information or an explanationor summary of protected health information,if requested by an individual or a personalrepresentative of the individual; and

(3) Actual costs of preparing an explana-tion or summary of protected health infor-mation, if requested by an individual or apersonal representative of the individual.[Formerly 192.521]

Note: See note under 192.553.192.565 [1977 c.517 §4; 1999 c.80 §30; renumbered

192.596 in 2011]

192.566 Authorization form. A healthcare provider may use an authorization thatcontains the following provisions in accor-dance with ORS 192.558:__________________________________________

AUTHORIZATIONTO USE AND DISCLOSE

PROTECTED HEALTH INFORMATIONI authorize: (Nameof person/entity disclosing information) touse and disclose a copy of the specific healthinformation described below regarding:

(Name of individ-ual) consisting of: (Describe information tobe used/disclosed)__________________________________________

__________________________________________

__________________________________________

to: (Name and ad-dress of recipient or recipients) for the pur-pose of: (Describe each purpose of disclosureor indicate that the disclosure is at the re-quest of the individual)__________________________________________

__________________________________________

__________________________________________

If the information to be disclosed containsany of the types of records or informationlisted below, additional laws relating to theuse and disclosure of the information mayapply. I understand and agree that this in-formation will be disclosed if I place my ini-tials in the applicable space next to the typeof information.

HIV/AIDS information

Mental health informationGenetic testing informationDrug/alcohol diagnosis, treatment, orreferral information.

I understand that the information used ordisclosed pursuant to this authorization maybe subject to redisclosure and no longer beprotected under federal law. However, I alsounderstand that federal or state law may re-strict redisclosure of HIV/AIDS information,mental health information, genetic testinginformation and drug/alcohol diagnosis,treatment or referral information.

PROVIDER INFORMATIONYou do not need to sign this authorization.Refusal to sign the authorization will notadversely affect your ability to receive healthcare services or reimbursement for services.The only circumstance when refusal to signmeans you will not receive health care ser-vices is if the health care services are solelyfor the purpose of providing health informa-tion to someone else and the authorization isnecessary to make that disclosure.You may revoke this authorization in writingat any time. If you revoke your authori-zation, the information described above mayno longer be used or disclosed for the pur-poses described in this written authorization.The only exception is when a covered entityhas taken action in reliance on the authori-zation or the authorization was obtained asa condition of obtaining insurance coverage.To revoke this authorization, please send awritten statement to(contact person) at (ad-dress of person/entity disclosing information)and state that you are revoking this authori-zation.

SIGNATUREI have read this authorization and I under-stand it. Unless revoked, this authorizationexpires (insert either applicabledate or event).

By: (individual or personal representative)

Date: Description of personal representative’s au-thority:

__________________________________________

[Formerly 192.522]Note: See note under 192.553.

192.567 Disclosure without authori-zation form. (1)(a) A health care providermay use or disclose protected health infor-mation of an individual without obtaining an



authorization from the individual or a per-sonal representative of the individual if theconditions in paragraph (b) of this subsectionare met and:

(A) The disclosure is to a family member,other relative, a close personal friend orother person identified by the individual, andthe protected health information is directlyrelevant to the person’s involvement with theindividual’s health care; or

(B) The disclosure is for the purpose ofnotifying a family member, a personal repre-sentative of the individual or another personresponsible for the care of the individual ofthe individual’s location, general conditionor death.

(b) A health care provider may make thedisclosures described in paragraph (a) of thissubsection if:

(A)(i) The individual is not present orobtaining the individual’s authorization isnot practicable due to the individual’s inca-pacity or an emergency circumstance; and

(ii) In the exercise of professional judg-ment and based on reasonable inferences, thehealth care provider determines that the dis-closure is in the best interests of the indi-vidual; or

(B) The individual is present and thehealth care provider gives the individual anopportunity to object to the disclosure andthe individual does not express an objectionor the health care provider reasonably infersfrom the circumstances, based on the exer-cise of professional judgment, that the indi-vidual does not object to the disclosure.

(2) A health care provider may discloseprotected health information to a person ifthe health care provider, consistent withstandards of ethical conduct, believes in goodfaith that the disclosure is necessary to pre-vent or lessen a serious threat to the healthor safety of any person or the public, and ifthe information is disclosed only to a personwho is reasonably able to prevent or lessenthe threat, including the target of the threat.

(3) With respect to an individual who isbeing treated for a mental illness, the pro-tected health information disclosed underthis section may include, to the extent con-sistent with the health care provider’s pro-fessional judgment and standards of ethicalconduct:

(a) The individual’s diagnoses and thetreatment recommendations;

(b) Issues concerning the safety of theindividual, including risk factors for suicide,steps that can be taken to make theindividual’s home safer, and a safety plan tomonitor and support the individual;

(c) Information about resources that areavailable in the community to help the indi-vidual, such as case management and supportgroups; and

(d) The process to ensure that the indi-vidual safely transitions to a higher or lowerlevel of care, including an interim safetyplan.

(4) Any disclosure of protected health in-formation under this section must be limitedto the minimum necessary to accomplish thepurpose of the disclosure.

(5) A health care provider is not subjectto any civil liability for making a disclosurein accordance with this section.

(6) This section shall be known and maybe cited as the Susanna Blake Gabay Act.[2015 c.473 §§2,3]


192.568 Confidentiality; use and dis-closure. A health care provider or a statehealth plan does not breach a confidentialrelationship with an individual if the healthcare provider or state health plan uses ordiscloses protected health information in ac-cordance with ORS 192.558. [Formerly 192.523]


192.570 [1977 c.517 §5; renumbered 192.598 in 2011]

192.571 No right of action. Nothing inORS 192.556 or 192.558 may be construed tocreate a new private right of action againsta health care provider or a state health plan.[Formerly 192.524]


192.573 Personal representative of de-ceased individual. If no person has beenappointed as a personal representative underORS chapter 113 or a person appointed as apersonal representative under ORS chapter113 has been discharged, the personal repre-sentative of a deceased individual shall bethe first of the following persons, in the fol-lowing order, who can be located upon rea-sonable effort by the covered entity and whois willing to serve as the personal represen-tative:

(1) A person appointed as guardian underORS 125.305, 419B.372, 419C.481 or 419C.555with authority to make medical and healthcare decisions at the time of the individual’sdeath.

(2) The individual’s spouse.(3) An adult designated in writing by the

persons listed in this section, if no personlisted in this section objects to the desig-nation.

(4) A majority of the adult children of theindividual who can be located.



(5) Either parent of the individual or anindividual acting in loco parentis to the in-dividual.

(6) A majority of the adult siblings of theindividual who can be located.

(7) Any adult relative or adult friend.[Formerly 192.526]


renumbered 192.600 in 2011]

192.576 Disclosure to individual ap-pealing denial of Social Security benefits.In the case of an individual appealing thedenial of Social Security disability benefits,a covered entity shall upon request provideone copy of individually identifiable healthinformation free of charge to the individualor the individual’s personal representative.At the election of the individual or repre-sentative, the individually identifiable healthinformation shall be provided in paper orelectronic format. [2015 c.360 §2]


192.579 Allowed disclosure for coordi-nating care. (1) As used in this section,“entity” means a health care provider, a co-ordinated care organization, as defined inORS 414.025 or a prepaid managed carehealth services organization, as defined inORS 414.025, that provides health care to anindividual, if the care is paid for by a statehealth plan.

(2) Notwithstanding ORS 179.505, an en-tity may disclose the identity of an individualwho receives health care from the entitywithout obtaining an authorization from theindividual, or a personal representative ofthe individual, to another entity for the pur-pose of coordinating the health care andtreatment provided to the individual by ei-ther entity. [2011 c.418 §2; 2015 c.792 §4]


192.580 [1977 c.517 §7; 1985 c.797 §4; 1987 c.482 §1;2001 c.247 §1; 2003 c.14 §94; renumbered 192.602 in 2011]

192.581 Allowed retention or disclo-sure of genetic information. (1) Notwith-standing ORS 192.537 (3), a health careprovider may retain genetic information ofan individual without obtaining an authori-zation from the individual or a personal rep-resentative of the individual if the retentionis for treatment, payment or health care op-erations by the provider.

(2) Notwithstanding ORS 192.539 (1), ahealth care provider may disclose genetic in-formation of an individual without obtainingan authorization from the individual or apersonal representative of the individual ifthe provider discloses the genetic informa-tion in accordance with ORS 192.558 (3).

(3) As used in this section, “retain ge-netic information” has the meaning giventhat term in ORS 192.531. [Formerly 192.529]


PRIVATE FINANCIAL RECORDS192.583 Definitions for ORS 192.583 to

192.607. As used in ORS 192.583 to 192.607:(1) “Customer” means any person, part-

nership, limited partnership, corporation,trust or other legal entity, who or which istransacting or has transacted business witha financial institution, or who or which isusing or has used the services of such an in-stitution, or for whom or which a financialinstitution has acted or is acting as afiduciary.

(2) “Financial institution” means:(a) A “financial institution” as defined in

ORS 706.008; or(b) A “trust company” as defined in ORS

706.008.(3) “Financial records” means any ori-

ginal written or electronic document, anycopy of the document, or any informationcontained in the document, held by or in thecustody of a financial institution, when thedocument, copy or information is identifiableas pertaining to one or more customers ofsuch an institution.

(4) “Local agency” means every county,city, school district, municipal organization,district, political subdivision; or any board,commission or agency thereof; or any otherlocal public agency; and every officer, agentor employee thereof.

(5) “State agency” means every state of-fice, department, division, bureau, board orcommission or other state agency, includingthe Legislative Assembly and every officer,agent or employee thereof.

(6) “Summons or subpoena” means anadministrative summons or administrativesubpoena issued by any state or local agency,or a judicial subpoena or subpoena ducestecum. [Formerly 192.550]

192.585 [1977 c.517 §8(2),(3); 2005 c.130 §2; renum-bered 192.603 in 2011]

192.586 Disclosure of financial recordsprohibited; exceptions. (1) Except as pro-vided in ORS 192.588, 192.589, 192.591,192.593, 192.596, 192.597, 192.598 and 192.603or as required by ORS 25.643 and 25.646 andthe Uniform Disposition of Unclaimed Prop-erty Act, ORS 98.302 to 98.436 and 98.992:

(a) A financial institution may not pro-vide financial records of a customer to astate or local agency.



(b) A state or local agency may not re-quest or receive from a financial institutionfinancial records of customers.

(2) Subsection (1) of this section does notpreclude a financial institution, in the dis-cretion of the financial institution, from ini-tiating contact with, and thereaftercommunicating with and disclosing customerfinancial records to:

(a) Appropriate state or local agenciesconcerning a suspected violation of the law.

(b) The office of the State Treasurer ifthe records relate to state investments incommercial mortgages involving the cus-tomer. The records and the information con-tained therein are public records but areexempt from disclosure under ORS 192.410 to192.505 unless the public interest in disclo-sure clearly outweighs the public interest inconfidentiality. However, the following re-cords in the office must remain open to pub-lic inspection:

(A) The contract or promissory note es-tablishing a directly held residential or com-mercial mortgage and information identifyingcollateral;

(B) Any copy the office retains of theunderlying mortgage note in which the officepurchases a participation interest; and

(C) Information showing that a directlyheld loan is in default.

(c) An appropriate state or local agencyin connection with any business relationshipor transaction between the financial institu-tion and the customer, if the disclosure ismade in the ordinary course of business ofthe financial institution and will further thelegitimate business interests of the customeror the financial institution.

(3) ORS 192.583 to 192.607 do not prohibitany of the following:

(a) The dissemination of any financial in-formation that is not identified with, oridentifiable as being derived from, the finan-cial records of a particular customer.

(b) The examination by, or disclosure to,the Department of Consumer and BusinessServices of financial records that relatesolely to the exercise of the department’s su-pervisory function. The scope of thedepartment’s supervisory function shall bedetermined by reference to statutes thatgrant authority to examine, audit, or requirereports of financial records or financial in-stitutions.

(c) The furnishing to the Department ofRevenue of information by the financial in-stitution, whether acting as principal oragent, as required by ORS 314.360.

(d) Compliance with the provisions ofORS 708A.655 or 723.844.

(4) Notwithstanding subsection (1) of thissection, a financial institution may:

(a) Enter into an agreement with the Or-egon State Bar that requires the financialinstitution to make reports to the OregonState Bar whenever a properly payable in-strument is presented for payment out of anattorney trust account that contains insuffi-cient funds, whether or not the instrumentis honored by the financial institution; and

(b) Submit reports to the Oregon StateBar concerning instruments presented forpayment out of an attorney trust accountunder a trust account overdraft notificationprogram established under ORS 9.685.[Formerly 192.555; 2012 c.70 §§10a,26; 2013 c.352 §2; 2015c.129 §3]

192.587 [1993 c.131 §6; renumbered 192.605 in 2011]

192.588 Disclosure to Department ofHuman Services or Oregon Health Au-thority; procedure; limitations. (1) Uponthe request of the Department of HumanServices or the Oregon Health Authority andthe receipt of the certification required un-der subsection (2) of this section, a financialinstitution shall advise whether a person hasone or more accounts with the financial in-stitution, and if so, the balance on deposit ineach such account on the date this informa-tion is provided.

(2) In requesting information under sub-section (1) of this section, the department orauthority shall specify the name and SocialSecurity number of the person upon whomthe account information is sought, and shallcertify to the financial institution in writing,signed by an agent of the department or au-thority:

(a) That the person upon whom accountinformation is sought is an applicant for orrecipient of public assistance, as defined inORS 411.010, or medical assistance, as de-fined in ORS 414.025; and

(b) That the department or authority hasauthorization from the person for release ofthe account information.

(3) Any financial institution supplyingaccount information under ORS 192.583 to192.588 and 411.632 shall be reimbursed foractual costs incurred.

(4) No financial institution that suppliesaccount information to the department orauthority pursuant to this section shall beliable to any person for any loss, damage orinjury arising out of or in any way pertain-ing to the disclosure of account informationunder this section.

(5) Each financial institution that is re-quested to supply account information underthis section may specify to the departmentor authority that requests for account infor-



mation and responses from the financial in-stitution shall be submitted in written, tapeor electronic format. A reasonable time shallbe provided the financial institution for re-sponse.

(6) The department or authority shallseek account information under this sectiononly with respect to persons who are appli-cants for or recipients of public assistance,as defined in ORS 411.010, or medical assist-ance, as defined in ORS 414.025. [Formerly192.557; 2013 c.688 §26]

192.589 Financial institution recordsof deceased individual; disclosure to De-partment of Human Services or OregonHealth Authority; procedure. (1) At anytime after an individual dies, the Departmentof Human Services or the Oregon HealthAuthority may deliver to a financial institu-tion the written notice and request describedin subsection (2) of this section.

(2) A written notice and request underthis section must:

(a) Include the name, last known addressand Social Security number of the deceasedindividual;

(b) State the date of the deceasedindividual’s death;

(c) State that the deceased individual re-ceived public assistance or medical assist-ance that was subject to a claim forreimbursement under ORS 411.640, 411.708,411.795 or 416.350; and

(d) Request that the financial institutionprovide all or any part of the following in-formation to the department or the authority:

(A) Whether the financial institutionheld on the date of the deceased individual’sdeath any deposit account in the deceasedindividual’s name or in more than one name,one of which is the deceased individual’sname;

(B) The balance on deposit in each de-posit account described in subparagraph (A)of this paragraph on the date of the deceasedindividual’s death;

(C) The name of each person to whomthe financial institution disbursed funds froma deposit account described in subparagraph(A) of this paragraph on or after the date ofthe deceased individual’s death, if the finan-cial institution closed the deposit account onor after the date of the deceased individual’sdeath;

(D) A record of the activity in each ofthe deposit accounts described in subpara-graph (A) of this paragraph in the periodthat begins 30 days before the date of thedeceased individual’s death and ends on thedate of the deceased individual’s death;

(E) A copy of any affidavit the financialinstitution received under ORS 708A.430 or723.466; and

(F) The name and address of any personnamed as an owner of a deposit account de-scribed in subparagraph (A) of this para-graph, if the financial institution has theinformation in the financial institution’s re-cords.

(3) The department or the authority maysubmit an affidavit under ORS 708A.430 or723.466 at the same time the department orauthority submits a notice and request undersubsection (2) of this section.

(4) The department and the authorityshall reimburse a financial institution asprovided in ORS 192.602 for all reasonablecosts and expenses the financial institutionincurs to provide information in response toa notice and request under subsection (2) ofthis section. [2015 c.129 §2]

192.590 [1977 c.517 §9; 1981 c.897 §41; 1995 c.696 §18;renumbered 192.606 in 2011]

192.591 Disclosure to state court; pro-cedure; limitations. (1) Upon the request ofa state court and the receipt of the certi-fication required under subsection (2) of thissection, a financial institution shall advisewhether a person has one or more accountswith the financial institution and, if so, thebalance on deposit in each such account onthe date this information is provided and arecord of the account’s activity for at leastthe prior 30 days, which may include thecurrent and previous account statement pe-riod.

(2) In requesting information under sub-section (1) of this section, the state courtshall specify the name and Social Securitynumber of the person about whom the ac-count information is sought, and shall certifyto the financial institution in writing, signedby an agent of the state court, that the per-son about whom account information issought has requested appointed counsel orthat appointed counsel has been provided forthe person. In addition, the state court shallforward to the financial institution a certi-fication signed by the person about whomaccount information is sought that autho-rizes the release of the account information.

(3) Any financial institution supplyingaccount information under this section shallbe reimbursed for reasonable costs incurred.

(4) No financial institution that suppliesaccount information to a state court pursu-ant to this section is liable to any person forany loss, damage or injury arising out of orin any way pertaining to the disclosure ofaccount information under this section.

(5) Each financial institution that is re-quested to supply account information under



this section may specify to the state courtthat requests for account information andresponses from the financial institution shallbe submitted in written, tape or electronicformat. The financial institution shall re-spond to the request within three businessdays.

(6) The state court may seek account in-formation only with respect to persons whohave requested appointed counsel or whohave had counsel appointed by the court.[Formerly 192.559]

192.593 Authorization by customer fordisclosure. (1) A financial institution maydisclose financial records of a customer to astate or local agency, and such an agencymay request and receive such records, whenthe customer has authorized such disclosureas provided in this section.

(2) The authorization of disclosure shall:(a) Be in writing, signed and dated by the

customer;(b) Identify with particularity the records

authorized to be disclosed;(c) Name the agency to whom disclosure

is authorized;(d) Contain notice to the customer that

the customer may revoke such authorizationat any time in writing; and

(e) Inform the customer as to the reasonfor such request and disclosure.

(3) No financial institution shall requirea customer to sign an authorization for dis-closure as a condition of doing business withsuch institution. [Formerly 192.560]

192.595 [1977 c.517 §10; renumbered 192.607 in 2011]

192.596 Disclosure under summons orsubpoena; procedure. (1) A financial insti-tution may disclose financial records of acustomer to a state or local agency, and astate or local agency may request and re-ceive such records, pursuant to a lawfulsummons or subpoena, served upon the fi-nancial institution, as provided in this sec-tion or ORS chapter 25.

(2) The state or local agency issuing suchsummons or subpoena shall make personalservice of a copy of it upon the customer.

(3) The summons or subpoena shall namethe agency issuing it, and shall specify thestatutory authority under which the financialrecords are being obtained.

(4) The summons or subpoena shall statethat service of a copy thereof has been madeupon the customer, and shall state the dateupon which service was accomplished.

(5) Except as provided in subsection (6)of this section, a financial institution shallnot disclose the financial records of a cus-

tomer to a state or local agency, in responseto a summons or subpoena served upon it, fora period of 10 days following service of acopy thereof upon the customer, unless thecustomer has consented to earlier disclosure.If the customer moves to quash such sum-mons or subpoena, and the financial institu-tion receives written notice of such actionfrom the customer, all within 10 days follow-ing the date upon which a copy of the sum-mons or subpoena was served upon thecustomer, the financial institution shall notdisclose the financial records of said cus-tomer pursuant to said summons or subpoenaunless:

(a) The customer thereafter consents inwriting to the disclosure; or

(b) A court orders disclosure of the fi-nancial records to the state or local agency,pursuant to the summons or subpoena.

(6) Pursuant to the issuance of a sum-mons or subpoena, a state or local agencymay petition the court, and the court, upona showing of reasonable cause to believe thata law subject to the jurisdiction of the peti-tioning agency has been or is about to be vi-olated, may order that service upon thecustomer pursuant to subsection (2) of thissection, information concerning such servicerequired by subsection (4) of this section, andthe 10-day period provided for in subsection(5) of this section be waived or shortened.

(7) Where the court grants such petition,a copy of the court order granting the sameshall be attached to the summons or sub-poena, and shall therewith be served uponthe financial institution.

(8) The provisions of subsections (2) to (7)of this section do not apply to subpoenas is-sued pursuant to ORS chapter 25. [Formerly192.565]

192.597 Disclosure pursuant to abuseinvestigation; procedure; liability; affida-vit. (1) Notwithstanding ORS 192.596, a fi-nancial institution shall disclose and providecopies of the financial records of a personwho is the alleged victim in an investigationunder ORS 124.070 or 441.650 in accordancewith a subpoena issued by a court or on be-half of a grand jury under ORS 136.563.

(2) A subpoena issued under this sectionshall specify:

(a) The name and Social Security numberof the person about whom financial recordsare sought; and

(b) That the person about whom financialrecords are sought is the alleged victim inan abuse investigation under ORS 124.070 or441.650.

(3) Disclosure and provision of copiesunder this section shall be made:



(a) Without the consent of the personwho is the alleged victim in the abuse inves-tigation, or of the person’s caretaker,fiduciary or other legal representative; and

(b) When made under subsection (7)(b) ofthis section, without the consent of the per-son who is not the alleged victim in theabuse investigation.

(4) A copy of the subpoena issued underthis section may be served upon the personor the person’s caretaker, fiduciary or otherlegal representative, in the discretion of thecourt or the district attorney that issued thesubpoena.

(5) Except when specifically directed bythe court or district attorney issuing thesubpoena not to, a financial institution thatdiscloses and provides copies of financial re-cords under this section may, but is not re-quired to:

(a) Inform the person about whom finan-cial records have been sought about the dis-closure; or

(b) Inform the person’s caretaker,fiduciary or other legal representative, aboutthe disclosure.

(6) A financial institution that providescopies of financial records under this sectionmay be reimbursed for costs incurred as pro-vided in ORS 192.602.

(7)(a) Financial records may be sub-poenaed under this section only with respectto a person who is the alleged victim ofabuse in an investigation under ORS 124.070or 441.650.

(b) Notwithstanding paragraph (a) of thissubsection, financial records may be sub-poenaed under this section when the finan-cial records pertain to an account, loan orother financial relationship owned, held ormaintained by a person who is the allegedvictim in an abuse investigation under ORS124.070 or 441.650 together with one or moreother persons who are not alleged victims inthe abuse investigation.

(8) A financial institution that disclosesand provides copies of financial records un-der this section is not liable to any personfor any loss, damage or injury arising out ofor in any way pertaining to the disclosureand provision of the copies.

(9)(a) Copies provided by a financial in-stitution under this section must be accom-panied by an affidavit or declaration of acustodian of records for the financial insti-tution that states the following:

(A) That the affiant or declarant is a dulyauthorized custodian of the financial recordsand has authority to certify the financial re-cords;

(B) That the copies are true copies of allof the financial records responsive to thesubpoena; and

(C) That the financial records were pre-pared by the personnel of the financial insti-tution acting under the control of thefinancial institution in the ordinary courseof the financial institution’s business.

(b) If the financial institution has noneof the financial records described in the sub-poena, or only part of the financial recordsdescribed in the subpoena, the affiant ordeclarant shall state in the affidavit or dec-laration that none or only a part of the fi-nancial records described in the subpoenaare in the financial institution’s possessionand control and shall disclose and provideonly those financial records of which theaffiant or declarant has custody.

(c) When more than one person hasknowledge of the facts required to be statedin the affidavit or declaration under thissubsection, more than one affidavit or decla-ration may be used.

(d) Copies provided under this subsectionare admissible in evidence in a proceedingbefore a court in which testimony may becompelled to the same extent as though theoriginal financial records were offered and acustodian of the financial records had beenpresent and testified to the matters stated inthe affidavit or declaration. The affidavit ordeclaration is admissible as evidence of thematters stated in the affidavit or declaration.The matters stated in the affidavit or decla-ration are presumed to be true. The pre-sumption established by this paragraph is apresumption affecting the burden of produc-ing evidence. [2012 c.70 §10; 2013 c.352 §11]

192.598 Disclosure under search war-rant. (1) A financial institution may disclosefinancial records of a customer to a state orlocal agency, and a state or local agency mayrequest and receive such records, pursuantto a lawful search warrant, as provided inthis section.

(2) The content of the search warrantshall conform to the requirements of ORS133.565.

(3) The state or local agency seeking fi-nancial records shall make personal serviceof the search warrant upon the financial in-stitution in the manner provided by law forservice of a subpoena.

(4) Disclosure of financial records mayoccur as soon as the warrant is served uponthe financial institution. [Formerly 192.570]

192.600 Liability of financial institu-tion for disclosure. (1) Nothing in ORS192.583 to 192.607 shall require a financialinstitution to inquire or determine that those



seeking disclosure have duly complied withthe requirements set forth in ORS 192.583 to192.607, provided only that the customer au-thorization, summons, subpoena or searchwarrant served upon or delivered to a finan-cial institution pursuant to ORS 192.593,192.596, 192.597 or 192.598 shows complianceon its face.

(2) A financial institution which in goodfaith reliance refuses to disclose financialrecords of a customer upon the prohibitionsof ORS 192.583 to 192.607, shall not be liableto its customer, to a state or local agency,or to any person for any loss or damagecaused in whole or in part by such refusal.

(3) Financial institutions shall not be re-quired to notify their customers concerningthe receipt by them of requests from state orlocal agencies for disclosures of financial re-cords of such customers. However, except asotherwise provided in ORS 192.583 to 192.607,nothing in ORS 192.583 to 192.607 shall pre-clude financial institutions from giving suchnotice to customers. A court may order a fi-nancial institution to withhold notificationto a customer of the receipt of a summons,subpoena or search warrant when the courtfinds that notice to the customer would im-pede the investigation being conducted bythe state or local agency.

(4) Financial institutions that participatein a trust account overdraft notification pro-gram established under ORS 9.685 are not li-able to a lawyer or law firm on the attorneytrust account, to a beneficiary of the trustaccount or to the Oregon State Bar for lossor damage caused in whole or in part by thatparticipation or arising in any way out ofthat participation.

(5) A financial institution shall not be li-able to any person for any loss, damage orinjury arising out of or in any way pertain-ing to the release of information pursuant toORS 192.586 (2)(a). [Formerly 192.575; 2012 c.70§§10b,27; 2013 c.352 §3]

192.602 Time for compliance; re-imbursement; exceptions. (1)(a) A finan-cial institution shall have a reasonableperiod of time in which to comply with anyproper customer authorization, summons,subpoena or search warrant permitting orseeking disclosure of financial records. Ex-cept as provided in paragraphs (b) and (c) ofthis subsection, a “reasonable period oftime” shall in no case be less than 10 daysfrom the date upon which the financial in-stitution receives or is served with a cus-tomer authorization, summons, subpoena orsearch warrant.

(b) When disclosure is sought under ORS192.596, the reasonable period of time shallbe not less than 20 days.

(c) When disclosure is sought under ORS192.597, the reasonable period of time shallbe that period of time required by the cir-cumstances but in no case more than 10 daysfrom the date upon which the financial in-stitution receives or is served with a sub-poena under ORS 192.597.

(2) Before making disclosures, a financialinstitution may require that the requestingstate or local agency reimburse the financialinstitution for the reasonable costs incurredby the financial institution in the course ofcompliance. These costs include, but are notlimited to, personnel costs, reproductioncosts and travel expenses. The followingcharges shall be considered reasonable costs:

(a) Personnel costs, $30 per hour perperson, computed on the basis of $7.50 perquarter hour or fraction thereof, for time ex-pended by personnel of the financial institu-tion in searching, locating, retrieving,copying and transporting or conveying therequested material to the place of examina-tion.

(b) Reproduction costs, $1 per page, in-cluding copies produced by reader andprinter reproduction processes. Photographs,films and other materials shall be reimbursedat actual costs.

(c) Travel expenses, 50 cents per mile,plus other actual costs, necessary to trans-port personnel to locate and retrieve the in-formation required or requested and toconvey the required or requested material tothe place of examination.

(3) The provisions of subsection (2) ofthis section do not apply in the case of re-cords subpoenaed by a prosecuting attorneyas evidence of the crimes of negotiating abad check under ORS 165.065, forgery underORS 165.007 and 165.013, theft by deceptionby means of a bad check under ORS 164.085,fraudulent use of a credit card under ORS165.055, identity theft under ORS 165.800 orracketeering activity under ORS 166.720 orof an offense listed in ORS 137.700. [Formerly192.580; 2012 c.70 §§10c,28; 2013 c.352 §4]

192.603 Procedure for disclosure tolaw enforcement agency. (1) When a policeor sheriff’s department or district attorney’soffice in this state requests account informa-tion from a financial institution to assist ina criminal investigation, the financial insti-tution shall supply a statement setting forththe requested account information with re-spect to a customer account specified by thepolice or sheriff’s department or districtattorney’s office, for a period of up to threemonths prior to and three months followingthe date of occurrence of the account trans-action giving rise to the criminal investi-gation. The disclosure statement requiredunder this subsection may include only ac-



count information as defined in subsection(2) of this section. The police or sheriff’s de-partment or district attorney’s office re-questing the information shall, within 24hours of making the request, confirm the re-quest in a written or electronic message de-livered or mailed to the financial institution,setting forth the nature of the account in-formation sought, the time period for whichaccount information is sought, and that theinformation has been requested pursuant toa criminal investigation.

(2) As used in this section, “account in-formation” means, whether or not the finan-cial institution has an account under aparticular customer’s name, the number ofcustomer account items dishonored or whichcreated overdrafts, dollar volume of dishon-ored items and items which when paid cre-ated overdrafts, a statement explaining anycredit arrangement between the financial in-stitution and the customer to pay overdrafts,dates and amounts of deposits and debits toa customer’s account, copies of deposit slipsand deposited items, the account balance onsuch dates, a copy of the customer’s signa-ture card and the dates the account openedor closed. [Formerly 192.585]

192.605 Charges for participation inattorney trust account overdraft notifi-cation program. Financial institutions thatparticipate in an attorney trust accountoverdraft notification program establishedunder ORS 9.685 may charge attorneys orlaw firms who have trust accounts with thefinancial institution for the reasonable costsincurred by the financial institution by rea-son of that participation. [Formerly 192.587]

192.606 Civil liability for violation ofORS 192.583 to 192.607; attorney fees;status of evidence obtained in violation.(1) Any customer who suffers any ascertain-able loss as a result of a willful violation ofORS 192.583 to 192.607 by any person, maybring an individual action in an appropriatecourt to recover actual damages or $1,000,whichever is greater.

(2) Any customer who suffers any ascer-tainable loss as a result of a negligent vio-lation of ORS 192.583 to 192.607 by anyperson, may bring an individual action in anappropriate court to recover actual damages.

(3)(a) Except as provided in paragraph (b)of this subsection, the court may award rea-sonable attorney fees to the prevailing partyin an action under this section.

(b) The court may not award attorneyfees to the state or a political subdivision ofthe state if the state or political subdivisionprevails in an action under this section.

(4) An action to enforce any provision ofORS 192.583 to 192.607 must be commencedwithin two years after the date on which theviolation occurred.

(5) Evidence obtained in violation of ORS192.583 to 192.607 is inadmissible in any pro-ceeding. [Formerly 192.590]

192.607 Severability. If any provision ofORS 192.583 to 192.607 or the applicationthereof to any person or circumstance is heldinvalid for any reason, such invalidity shallnot affect any other provision or applicationof ORS 192.583 to 192.607 which can remainin effect without the invalid provision or ap-plication, and to this end the provisions ofORS 192.583 to 192.607 are severable.[Formerly 192.595]

PUBLIC MEETINGS192.610 Definitions for ORS 192.610 to

192.690. As used in ORS 192.610 to 192.690:(1) “Decision” means any determination,

action, vote or final disposition upon a mo-tion, proposal, resolution, order, ordinanceor measure on which a vote of a governingbody is required, at any meeting at which aquorum is present.

(2) “Executive session” means any meet-ing or part of a meeting of a governing bodywhich is closed to certain persons for delib-eration on certain matters.

(3) “Governing body” means the membersof any public body which consists of two ormore members, with the authority to makedecisions for or recommendations to a publicbody on policy or administration.

(4) “Public body” means the state, anyregional council, county, city or district, orany municipal or public corporation, or anyboard, department, commission, council, bu-reau, committee or subcommittee or advisorygroup or any other agency thereof.

(5) “Meeting” means the convening of agoverning body of a public body for which aquorum is required in order to make a deci-sion or to deliberate toward a decision onany matter. “Meeting” does not include anyon-site inspection of any project or program.“Meeting” also does not include the attend-ance of members of a governing body at anynational, regional or state association towhich the public body or the members be-long. [1973 c.172 §2; 1979 c.644 §1]

192.620 Policy. The Oregon form of gov-ernment requires an informed public awareof the deliberations and decisions of govern-ing bodies and the information upon whichsuch decisions were made. It is the intent ofORS 192.610 to 192.690 that decisions of gov-erning bodies be arrived at openly. [1973 c.172§1]



192.630 Meetings of governing body tobe open to public; location of meetings;accommodation for person with disabil-ity; interpreters. (1) All meetings of thegoverning body of a public body shall be opento the public and all persons shall be per-mitted to attend any meeting except as oth-erwise provided by ORS 192.610 to 192.690.

(2) A quorum of a governing body maynot meet in private for the purpose of decid-ing on or deliberating toward a decision onany matter except as otherwise provided byORS 192.610 to 192.690.

(3) A governing body may not hold ameeting at any place where discriminationon the basis of race, color, creed, sex, sexualorientation, national origin, age or disabilityis practiced. However, the fact that organ-izations with restricted membership holdmeetings at the place does not restrict itsuse by a public body if use of the place by arestricted membership organization is not theprimary purpose of the place or its predomi-nant use.

(4) Meetings of the governing body of apublic body shall be held within the ge-ographic boundaries over which the publicbody has jurisdiction, or at the administra-tive headquarters of the public body or at theother nearest practical location. Trainingsessions may be held outside the jurisdictionas long as no deliberations toward a decisionare involved. A joint meeting of two or moregoverning bodies or of one or more governingbodies and the elected officials of one ormore federally recognized Oregon Indiantribes shall be held within the geographicboundaries over which one of the participat-ing public bodies or one of the Oregon Indiantribes has jurisdiction or at the nearestpractical location. Meetings may be held inlocations other than those described in thissubsection in the event of an actual emer-gency necessitating immediate action.

(5)(a) It is discrimination on the basis ofdisability for a governing body of a publicbody to meet in a place inaccessible to per-sons with disabilities, or, upon request of aperson who is deaf or hard of hearing, to failto make a good faith effort to have an inter-preter for persons who are deaf or hard ofhearing provided at a regularly scheduledmeeting. The sole remedy for discriminationon the basis of disability shall be as providedin ORS 192.680.

(b) The person requesting the interpretershall give the governing body at least 48hours’ notice of the request for an inter-preter, shall provide the name of the re-quester, sign language preference and anyother relevant information the governingbody may request.

(c) If a meeting is held upon less than 48hours’ notice, reasonable effort shall be madeto have an interpreter present, but the re-quirement for an interpreter does not applyto emergency meetings.

(d) If certification of interpreters occursunder state or federal law, the OregonHealth Authority or other state or localagency shall try to refer only certified inter-preters to governing bodies for purposes ofthis subsection.

(e) As used in this subsection, “good faitheffort” includes, but is not limited to, con-tacting the department or other state or lo-cal agency that maintains a list of qualifiedinterpreters and arranging for the referral ofone or more qualified interpreters to provideinterpreter services. [1973 c.172 §3; 1979 c.644 §2;1989 c.1019 §1; 1995 c.626 §1; 2003 c.14 §95; 2005 c.663 §12;2007 c.70 §52; 2007 c.100 §21; 2009 c.595 §173]

192.640 Public notice required; specialnotice for executive sessions, special oremergency meetings. (1) The governingbody of a public body shall provide for andgive public notice, reasonably calculated togive actual notice to interested persons in-cluding news media which have requestednotice, of the time and place for holdingregular meetings. The notice shall also in-clude a list of the principal subjects antic-ipated to be considered at the meeting, butthis requirement shall not limit the abilityof a governing body to consider additionalsubjects.

(2) If an executive session only will beheld, the notice shall be given to the mem-bers of the governing body, to the generalpublic and to news media which have re-quested notice, stating the specific provisionof law authorizing the executive session.

(3) No special meeting shall be heldwithout at least 24 hours’ notice to themembers of the governing body, the newsmedia which have requested notice and thegeneral public. In case of an actual emer-gency, a meeting may be held upon such no-tice as is appropriate to the circumstances,but the minutes for such a meeting shall de-scribe the emergency justifying less than 24hours’ notice. [1973 c.172 §4; 1979 c.644 §3; 1981 c.182§1]

192.650 Recording or written minutesrequired; content; fees. (1) The governingbody of a public body shall provide for thesound, video or digital recording or the tak-ing of written minutes of all its meetings.Neither a full transcript nor a full recordingof the meeting is required, except as other-wise provided by law, but the written min-utes or recording must give a true reflectionof the matters discussed at the meeting andthe views of the participants. All minutes orrecordings shall be available to the public



within a reasonable time after the meeting,and shall include at least the following in-formation:

(a) All members of the governing bodypresent;

(b) All motions, proposals, resolutions,orders, ordinances and measures proposedand their disposition;

(c) The results of all votes and, except forpublic bodies consisting of more than 25members unless requested by a member ofthat body, the vote of each member by name;

(d) The substance of any discussion onany matter; and

(e) Subject to ORS 192.410 to 192.505 re-lating to public records, a reference to anydocument discussed at the meeting.

(2) Minutes of executive sessions shall bekept in accordance with subsection (1) of thissection. However, the minutes of a hearingheld under ORS 332.061 shall contain onlythe material not excluded under ORS 332.061(2). Instead of written minutes, a record ofany executive session may be kept in theform of a sound or video tape or digital re-cording, which need not be transcribed un-less otherwise provided by law. If thedisclosure of certain material is inconsistentwith the purpose for which a meeting underORS 192.660 is authorized to be held, thatmaterial may be excluded from disclosure.However, excluded materials are authorizedto be examined privately by a court in anylegal action and the court shall determinetheir admissibility.

(3) A reference in minutes or a recordingto a document discussed at a meeting of agoverning body of a public body does not af-fect the status of the document under ORS192.410 to 192.505.

(4) A public body may charge a person afee under ORS 192.440 for the preparation ofa transcript from a recording. [1973 c.172 §5;1975 c.664 §1; 1979 c.644 §4; 1999 c.59 §44; 2003 c.803 §14]

192.660 Executive sessions permittedon certain matters; procedures; newsmedia representatives’ attendance;limits. (1) ORS 192.610 to 192.690 do notprevent the governing body of a public bodyfrom holding executive session during a reg-ular, special or emergency meeting, after thepresiding officer has identified the authori-zation under ORS 192.610 to 192.690 forholding the executive session.

(2) The governing body of a public bodymay hold an executive session:

(a) To consider the employment of a pub-lic officer, employee, staff member or indi-vidual agent.

(b) To consider the dismissal or disci-plining of, or to hear complaints or charges

brought against, a public officer, employee,staff member or individual agent who doesnot request an open hearing.

(c) To consider matters pertaining to thefunction of the medical staff of a public hos-pital licensed pursuant to ORS 441.015 to441.063 and 441.196 including, but not limitedto, all clinical committees, executive, cre-dentials, utilization review, peer review com-mittees and all other matters relating tomedical competency in the hospital.

(d) To conduct deliberations with personsdesignated by the governing body to carry onlabor negotiations.

(e) To conduct deliberations with personsdesignated by the governing body to negoti-ate real property transactions.

(f) To consider information or recordsthat are exempt by law from public inspec-tion.

(g) To consider preliminary negotiationsinvolving matters of trade or commerce inwhich the governing body is in competitionwith governing bodies in other states or na-tions.

(h) To consult with counsel concerningthe legal rights and duties of a public bodywith regard to current litigation or litigationlikely to be filed.

(i) To review and evaluate theemployment-related performance of the chiefexecutive officer of any public body, a publicofficer, employee or staff member who doesnot request an open hearing.

(j) To carry on negotiations under ORSchapter 293 with private persons or busi-nesses regarding proposed acquisition, ex-change or liquidation of public investments.

(k) To consider matters relating to schoolsafety or a plan that responds to safetythreats made toward a school.

(L) If the governing body is a health pro-fessional regulatory board, to consider infor-mation obtained as part of an investigationof licensee or applicant conduct.

(m) If the governing body is the StateLandscape Architect Board, or an advisorycommittee to the board, to consider informa-tion obtained as part of an investigation ofregistrant or applicant conduct.

(n) To discuss information about reviewor approval of programs relating to the se-curity of any of the following:

(A) A nuclear-powered thermal powerplant or nuclear installation.

(B) Transportation of radioactive mate-rial derived from or destined for a nuclear-fueled thermal power plant or nuclearinstallation.

(C) Generation, storage or conveyance of:



(i) Electricity;(ii) Gas in liquefied or gaseous form;(iii) Hazardous substances as defined in

ORS 453.005 (7)(a), (b) and (d);(iv) Petroleum products;(v) Sewage; or(vi) Water.(D) Telecommunication systems, includ-

ing cellular, wireless or radio systems.(E) Data transmissions by whatever

means provided.(3) Labor negotiations shall be conducted

in open meetings unless negotiators for bothsides request that negotiations be conductedin executive session. Labor negotiations con-ducted in executive session are not subjectto the notification requirements of ORS192.640.

(4) Representatives of the news mediashall be allowed to attend executive sessionsother than those held under subsection (2)(d)of this section relating to labor negotiationsor executive session held pursuant to ORS332.061 (2) but the governing body may re-quire that specified information be undis-closed.

(5) When a governing body convenes anexecutive session under subsection (2)(h) ofthis section relating to conferring withcounsel on current litigation or litigationlikely to be filed, the governing body shallbar any member of the news media from at-tending the executive session if the memberof the news media is a party to the litigationor is an employee, agent or contractor of anews media organization that is a party tothe litigation.

(6) No executive session may be held forthe purpose of taking any final action ormaking any final decision.

(7) The exception granted by subsection(2)(a) of this section does not apply to:

(a) The filling of a vacancy in an electiveoffice.

(b) The filling of a vacancy on any publiccommittee, commission or other advisorygroup.

(c) The consideration of general employ-ment policies.

(d) The employment of the chief execu-tive officer, other public officers, employeesand staff members of a public body unless:

(A) The public body has advertised thevacancy;

(B) The public body has adopted regularhiring procedures;

(C) In the case of an officer, the publichas had the opportunity to comment on theemployment of the officer; and

(D) In the case of a chief executive offi-cer, the governing body has adopted hiringstandards, criteria and policy directives inmeetings open to the public in which thepublic has had the opportunity to commenton the standards, criteria and policy direc-tives.

(8) A governing body may not use anexecutive session for purposes of evaluatinga chief executive officer or other officer, em-ployee or staff member to conduct a generalevaluation of an agency goal, objective oroperation or any directive to personnel con-cerning agency goals, objectives, operationsor programs.

(9) Notwithstanding subsections (2) and(6) of this section and ORS 192.650:

(a) ORS 676.175 governs the public dis-closure of minutes, transcripts or recordingsrelating to the substance and disposition oflicensee or applicant conduct investigated bya health professional regulatory board.

(b) ORS 671.338 governs the public dis-closure of minutes, transcripts or recordingsrelating to the substance and disposition ofregistrant or applicant conduct investigatedby the State Landscape Architect Board oran advisory committee to the board.

(10) Notwithstanding ORS 244.290, theOregon Government Ethics Commission maynot adopt rules that establish what entitiesare considered representatives of the newsmedia that are entitled to attend executivesessions under subsection (4) of this section.[1973 c.172 §6; 1975 c.664 §2; 1979 c.644 §5; 1981 c.302 §1;1983 c.453 §1; 1985 c.657 §2; 1995 c.779 §1; 1997 c.173 §1;1997 c.594 §1; 1997 c.791 §9; 2001 c.950 §10; 2003 c.524 §4;2005 c.22 §134; 2007 c.602 §11; 2009 c.792 §32; 2015 c.421§2; 2015 c.666 §3]


Sec. 4. The amendments to ORS 192.660 and 244.290by sections 1 to 3 of this 2015 Act apply to alleged vio-lations of ORS 192.660 that occur on or after the effec-tive date of this 2015 Act [January 1, 2016]. [2015 c.666§4]

192.670 Meetings by means of tele-phone or electronic communication. (1)Any meeting, including an executive session,of a governing body of a public body whichis held through the use of telephone or otherelectronic communication shall be conductedin accordance with ORS 192.610 to 192.690.

(2) When telephone or other electronicmeans of communication is used and themeeting is not an executive session, the gov-erning body of the public body shall makeavailable to the public at least one placewhere, or at least one electronic means bywhich, the public can listen to the commu-nication at the time it occurs. A place pro-vided may be a place where no member of



the governing body of the public body ispresent. [1973 c.172 §7; 1979 c.361 §1; 2011 c.272 §2]

192.672 State board or commissionmeetings through telephone or electronicmeans; compensation and reimburse-ment. (1) A state board or commission maymeet through telephone or other electronicmeans in accordance with ORS 192.610 to192.690.

(2)(a) Notwithstanding ORS 171.072 or292.495, a member of a state board or com-mission who attends a meeting through tele-phone or other electronic means is notentitled to compensation or reimbursementfor expenses for attending the meeting.

(b) A state board or commission maycompensate or reimburse a member, otherthan a member who is a member of the Leg-islative Assembly, who attends a meetingthrough telephone or other electronic meansas provided in ORS 292.495 at the discretionof the board or commission. [2011 c.272 §1]


192.680 Enforcement of ORS 192.610 to192.690; effect of violation on validity ofdecision of governing body; liability ofmembers. (1) A decision made by a govern-ing body of a public body in violation of ORS192.610 to 192.690 shall be voidable. The de-cision shall not be voided if the governingbody of the public body reinstates the deci-sion while in compliance with ORS 192.610to 192.690. A decision that is reinstated iseffective from the date of its initial adoption.

(2) Any person affected by a decision ofa governing body of a public body may com-mence a suit in the circuit court for thecounty in which the governing body ordinar-ily meets, for the purpose of requiring com-pliance with, or the prevention of violationsof ORS 192.610 to 192.690, by members of thegoverning body, or to determine the applica-bility of ORS 192.610 to 192.690 to mattersor decisions of the governing body.

(3) Notwithstanding subsection (1) of thissection, if the court finds that the publicbody made a decision while in violation ofORS 192.610 to 192.690, the court shall voidthe decision of the governing body if thecourt finds that the violation was the resultof intentional disregard of the law or willfulmisconduct by a quorum of the members ofthe governing body, unless other equitablerelief is available. The court may order suchequitable relief as it deems appropriate inthe circumstances. The court may order pay-ment to a successful plaintiff in a suitbrought under this section of reasonable at-torney fees at trial and on appeal, by the

governing body, or public body of which it isa part or to which it reports.

(4) If the court makes a finding that aviolation of ORS 192.610 to 192.690 has oc-curred under subsection (2) of this sectionand that the violation is the result of willfulmisconduct by any member or members ofthe governing body, that member or membersshall be jointly and severally liable to thegoverning body or the public body of whichit is a part for the amount paid by the bodyunder subsection (3) of this section.

(5) Any suit brought under subsection (2)of this section must be commenced within 60days following the date that the decision be-comes public record.

(6) The provisions of this section shall bethe exclusive remedy for an alleged violationof ORS 192.610 to 192.690. [1973 c.172 §8; 1975c.664 §3; 1979 c.644 §6; 1981 c.897 §42; 1983 c.453 §2; 1989c.544 §1]

192.685 Additional enforcement of al-leged violations of ORS 192.660. (1) Not-withstanding ORS 192.680, complaints ofviolations of ORS 192.660 alleged to havebeen committed by public officials may bemade to the Oregon Government EthicsCommission for review and investigation asprovided by ORS 244.260 and for possible im-position of civil penalties as provided by ORS244.350.

(2) The commission may interview wit-nesses, review minutes and other records andmay obtain and consider any other informa-tion pertaining to executive sessions of thegoverning body of a public body for purposesof determining whether a violation of ORS192.660 occurred. Information related to anexecutive session conducted for a purposeauthorized by ORS 192.660 shall be madeavailable to the Oregon Government EthicsCommission for its investigation but shall beexcluded from public disclosure.

(3) If the commission chooses not to pur-sue a complaint of a violation brought undersubsection (1) of this section at any time be-fore conclusion of a contested case hearing,the public official against whom the com-plaint was brought may be entitled to re-imbursement of reasonable costs andattorney fees by the public body to which theofficial’s governing body has authority tomake recommendations or for which theofficial’s governing body has authority tomake decisions. [1993 c.743 §28]

192.690 Exceptions to ORS 192.610 to192.690. (1) ORS 192.610 to 192.690 do notapply to the deliberations of the OregonHealth Authority conducted under ORS161.315 to 161.351, the Psychiatric SecurityReview Board, the State Board of Parole andPost-Prison Supervision, state agencies con-



ducting hearings on contested cases in ac-cordance with the provisions of ORS chapter183, the review by the Workers’ Compensa-tion Board or the Employment AppealsBoard of similar hearings on contested cases,meetings of the state lawyers assistancecommittee operating under the provisions ofORS 9.568, meetings of the personal andpractice management assistance committeesoperating under the provisions of ORS 9.568,the county multidisciplinary child abuseteams required to review child abuse casesin accordance with the provisions of ORS418.747, the child fatality review teams re-quired to review child fatalities in accor-dance with the provisions of ORS 418.785,the peer review committees in accordancewith the provisions of ORS 441.055, medi-ation conducted under ORS 36.252 to 36.268,any judicial proceeding, meetings of the Ore-gon Health and Science University Board ofDirectors or its designated committee re-garding candidates for the position of presi-dent of the university or regarding sensitivebusiness, financial or commercial matters ofthe university not customarily provided tocompetitors related to financings, mergers,acquisitions or joint ventures or related tothe sale or other disposition of, or substan-tial change in use of, significant real or per-sonal property, or related to health systemstrategies, or to Oregon Health and ScienceUniversity faculty or staff committee meet-ings.

(2) Because of the grave risk to publichealth and safety that would be posed bymisappropriation or misapplication of infor-mation considered during such review andapproval, ORS 192.610 to 192.690 shall notapply to review and approval of securityprograms by the Energy Facility SitingCouncil pursuant to ORS 469.530. [1973 c.172§9; 1975 c.606 §41b; 1977 c.380 §19; 1981 c.354 §3; 1983c.617 §4; 1987 c.850 §3; 1989 c.6 §18; 1989 c.967 §§12,14;1991 c.451 §3; 1993 c.18 §33; 1993 c.318 §§3,4; 1995 c.36§§1,2; 1995 c.162 §§62b,62c; 1999 c.59 §§45a,46a; 1999 c.155§4; 1999 c.171 §§4,5; 1999 c.291 §§25,26; 2005 c.347 §5; 2005c.562 §23; 2007 c.796 §8; 2009 c.697 §11; 2011 c.708 §26]

192.695 Prima facie evidence of vio-lation required of plaintiff. In any suitcommenced under ORS 192.680 (2), theplaintiff shall be required to present primafacie evidence of a violation of ORS 192.610to 192.690 before the governing body shall berequired to prove that its acts in deliberatingtoward a decision complied with the law.When a plaintiff presents prima facie evi-dence of a violation of the open meetingslaw, the burden to prove that the provisionsof ORS 192.610 to 192.690 were complied withshall be on the governing body. [1981 c.892 §97d;1989 c.544 §3]

Note: 192.695 was added to and made a part ofORS chapter 192 by legislative action but was not added

to any smaller series therein. See Preface to OregonRevised Statutes for further explanation.

192.710 [1973 c.168 §1; 1979 c.262 §1; repealed by 2015c.158 §30]

UNIFORM ELECTRONIC LEGAL MATERIAL ACT

192.715 Short title. ORS 192.715 to192.760 may be cited as the Uniform Elec-tronic Legal Material Act. [2013 c.221 §10]



(1) “Electronic” means relating to tech-nology having electrical, digital, magnetic,wireless, optical, electromagnetic or similarcapabilities.

(2) “Legal material” means, whether ornot in effect:

(a) The Oregon Constitution;(b) Session laws published by the Legis-

lative Counsel under ORS 171.236;(c) The Oregon Revised Statutes; or(d) Oregon Administrative Rules.(3) “Official publisher” means:(a) For the Oregon Constitution, the

Legislative Counsel;(b) For Oregon Laws, the Legislative

Counsel;(c) For the Oregon Revised Statutes, the

Legislative Counsel; or(d) For a rule published in the Oregon

Administrative Rules, the Secretary of State.(4) “Publish” means to display, present

or release to the public, or cause to be dis-played, presented or released to the public,by the official publisher.

(5) “Record” means information that isinscribed on a tangible medium or that isstored in an electronic or other medium andis retrievable in perceivable form.

(6) “State” means a state of the UnitedStates, the District of Columbia, Puerto Rico,the United States Virgin Islands or any ter-ritory or insular possession subject to thejurisdiction of the United States. [2013 c.221§1]


192.725 Electronic record as officialrecord. (1) If an official publisher publisheslegal material only in an electronic record,the publisher shall:

(a) Designate the electronic record as of-ficial; and



(b) Comply with ORS 192.730, 192.740 and192.745.

(2) An official publisher that publisheslegal material in an electronic record andalso publishes the material in a record otherthan an electronic record may designate theelectronic record as official if the publishercomplies with ORS 192.730, 192.740 and192.745. [2013 c.221 §2]


192.730 Authentication of electronicofficial record. An official publisher of legalmaterial in an electronic record that is des-ignated as official under ORS 192.725 shallauthenticate the record. To authenticate anelectronic record, the publisher shall providea method for a user to determine that therecord received by the user from the pub-lisher is unaltered from the official recordpublished by the publisher. [2013 c.221 §3]


192.735 Evidentiary rules concerningauthenticated electronic record. (1) Legalmaterial in an electronic record that is au-thenticated under ORS 192.730 is presumedto be an accurate copy of the legal material.

(2) If another state has adopted a lawsubstantially similar to ORS 192.715 to192.760, legal material in an electronic re-cord that is designated as official and au-thenticated by the official publisher in thatstate is presumed to be an accurate copy ofthe legal material.

(3) A party contesting the authenticationof legal material in an electronic record au-thenticated under ORS 192.730 has the bur-den of proving by a preponderance of theevidence that the record is not authentic.[2013 c.221 §4]


192.740 Preservation and security ofelectronic official record. (1) An officialpublisher of legal material in an electronicrecord that is or was designated as officialunder ORS 192.725 shall provide for thepreservation and security of the record in anelectronic form or a form that is not elec-tronic.

(2) If legal material is preserved undersubsection (1) of this section in an electronicrecord, the official publisher shall:

(a) Ensure the integrity of the record;(b) Provide for backup and disaster re-

covery of the record; and(c) Ensure the continuing usability of the

material. [2013 c.221 §5]


192.745 Availability for public use. Anofficial publisher of legal material in anelectronic record that is required to be pre-served under ORS 192.740 shall ensure thatthe material is reasonably available for useby the public on a permanent basis. [2013 c.221§6]


192.750 Implementation; consider-ations. In implementing ORS 192.715 to192.760, an official publisher of legal materialin an electronic record shall consider:

(1) Standards and practices of other ju-risdictions;

(2) The most recent standards regardingauthentication of, preservation and securityof, and public access to, legal material in anelectronic record and other electronic re-cords, as promulgated by national standard-setting bodies;

(3) The needs of users of legal materialin an electronic record;

(4) The views of governmental officialsand entities and other interested persons;and

(5) To the extent practicable, methodsand technologies for the authentication of,preservation and security of and public ac-cess to legal material which are compatiblewith the methods and technologies used byother official publishers in this state and inother states that have adopted a law sub-stantially similar to ORS 192.715 to 192.760.[2013 c.221 §7]


192.755 Uniform construction. In ap-plying and construing ORS 192.715 to192.760, consideration must be given to theneed to promote uniformity of the law withrespect to its subject matter among statesthat enact it. [2013 c.221 §8]


192.760 Relationship of ORS 192.715 to192.760 to federal law. ORS 192.715 to192.760 modify, limit, and supersede theElectronic Signatures in Global and NationalCommerce Act, 15 U.S.C. 7001 et seq., but donot modify, limit or supersede section 101(c)of that Act, 15 U.S.C. 7001(c), or authorizeelectronic delivery of any of the notices de-scribed in section 103(b) of that Act, 15U.S.C. 7003(b). [2013 c.221 §9]


FINANCIAL INSTITUTION RECORD DISCLOSURES

192.800 Definitions for ORS 192.800 to192.810. As used in this section and ORS192.805 and 192.810:



(1) “Customer” means any person who orwhich is transacting or has transacted busi-ness with a financial institution, or who orwhich is using or has used the services ofsuch an institution, or for whom or which afinancial institution has acted or is acting asa fiduciary.

(2) “Financial institution” means a fi-nancial institution or a trust company, asthose terms are defined in ORS 706.008.

(3) “Financial records” means any ori-ginal written or electronic document, anycopy of the document, or any informationcontained in the document, held by or in thecustody of a financial institution, when thedocument, copy or information is identifiableas pertaining to one or more customers ofthe financial institution.

(4) “Subpoena” means a judicial subpoenaor subpoena duces tecum. [1985 c.797 §1; 1997c.631 §423; 2005 c.130 §3]

192.805 Reimbursement required priorto disclosure; charges. Before producingany documents or making any disclosures, afinancial institution may require the re-questing person who caused the subpoena tobe issued to reimburse the financial institu-tion for the reasonable costs incurred by thefinancial institution in the course of compli-ance. These costs shall include but are notlimited to personnel costs, reproduction costsand travel expenses. The following chargesshall be considered reasonable costs:

(1) Personnel costs, $30 per hour perperson, computed on the basis of $7.50 perquarter hour or fraction thereof, for time ex-pended by personnel of the financial institu-tion in searching, locating, retrieving,copying and transporting or conveying therequested material to the place of examina-tion.

(2) Reproduction costs, $1 per page, in-cluding copies produced by reader andprinter reproduction processes. Photographs,films and other materials shall be reimbursedat actual cost.

(3) Travel expenses, 50 cents per mile,plus other actual costs, necessary to trans-port personnel to locate and retrieve the in-formation required or requested and toconvey the required or requested material tothe place of examination. [1985 c.797 §2; 1989 c.309§1; 2001 c.247 §2]

192.810 Applicability of ORS 192.805.ORS 192.805 does not apply to any subpoenaissued by or on behalf of a state agency orlocal agency subject to the provisions of ORS192.583 to 192.607, or if the financial institu-tion is a named party to litigation that is thebasis for issuance of the subpoena. [1985 c.797§3; 1989 c.309 §2]

ADDRESS CONFIDENTIALITYPROGRAM


(1) “Actual address” means:(a) A residential, work or school street

address of an individual specified on the ap-plication of the individual to be a programparticipant; or

(b) The name of the county in which theprogram participant resides or the name ornumber of the election precinct in which theprogram participant is registered to vote.

(2) “Address Confidentiality Program”means the program established under ORS192.822.

(3) “Application assistant” means an em-ployee of or a volunteer serving a public orprivate entity designated by the AttorneyGeneral under ORS 192.854 to assist individ-uals with applications to participate in theAddress Confidentiality Program.

(4) “Program participant” means an indi-vidual accepted into the Address Confiden-tiality Program under ORS 192.820 to192.868.

(5) “Public body” has the meaning giventhat term in ORS 174.109.

(6) “Public record” has the meaninggiven that term in ORS 192.410.

(7) “Substitute address” means an ad-dress designated by the Attorney Generalunder the Address Confidentiality Program.

(8) “Victim of a sexual offense” means:(a) An individual against whom a sexual

offense has been committed, as described inORS 163.305 to 163.467, 163.427, 163.466 or163.525; or

(b) Any other individual designated bythe Attorney General by rule.

(9) “Victim of domestic violence” means:(a) An individual against whom domestic

violence has been committed, as defined inORS 135.230, 181A.355 or 411.117;

(b) An individual who has been a victimof abuse, as defined in ORS 107.705; or

(c) Any other individual designated avictim of domestic violence by the AttorneyGeneral by rule.

(10) “Victim of human trafficking”means:

(a) An individual against whom an of-fense described in ORS 163.263, 163.264 or163.266 has been committed; or

(b) Any other individual designated bythe Attorney General by rule. In adoptingrules under this subsection, the AttorneyGeneral shall consider individuals against



whom an act recognized as a severe form oftrafficking in persons under 22 U.S.C. 7102has been committed.

(11) “Victim of stalking” means:(a) An individual against whom stalking

has been committed, as described in ORS163.732; or

(b) Any other individual designated bythe Attorney General by rule. [2005 c.821 §1;2007 c.542 §1; 2009 c.11 §18; 2009 c.468 §1]


192.822 Address Confidentiality Pro-gram; substitute addresses. (1) The Ad-dress Confidentiality Program is establishedin the Department of Justice to:

(a) Protect the confidentiality of the ac-tual address of a victim of domestic violence,a sexual offense, stalking or human traffick-ing; and

(b) Prevent assailants or potentialassailants of the victim from finding the vic-tim through public records.

(2) The Attorney General shall designatea substitute address for a program partic-ipant and act as the agent of the programparticipant for purposes of service of all legalprocess in this state and receiving and for-warding first-class, certified or registeredmail.

(3) The Attorney General is not requiredto forward any packages or mail other thanfirst-class, certified or registered mail to theprogram participant.

(4) The Attorney General is not requiredto track or otherwise maintain records ofany mail received on behalf of a programparticipant unless the mail is certified orregistered. [2005 c.821 §2; 2009 c.468 §2]

Note: See note under 192.820.192.825 [1997 c.566 §1; 2001 c.535 §31; repealed by

2005 c.118 §1]

192.826 Application for participation inprogram; certification of participation;authorization card; rules. (1) Any of thefollowing individuals with the assistance ofan application assistant may file an applica-tion with the Attorney General to participatein the Address Confidentiality Program:

(a) An adult individual.(b) A parent or guardian acting on behalf

of a minor when the minor resides with theparent or guardian.

(c) A guardian acting on behalf of an in-capacitated individual.

(2) The application must be dated, signedand verified by the applicant and the appli-

cation assistant who assisted in the prepara-tion of the application.

(3) The application must contain all ofthe following:

(a) A statement by the applicant that theapplicant or the applicant’s child or ward isa victim of domestic violence, a sexual of-fense, stalking or human trafficking and thatthe applicant fears for the applicant’s safetyor the safety of the applicant’s child or ward.

(b) Evidence that the applicant or theapplicant’s child or ward is a victim of do-mestic violence, a sexual offense, stalking orhuman trafficking. This evidence may in-clude any of the following:

(A) Law enforcement, court or other fed-eral, state or local government records orfiles;

(B) Documentation from a public or pri-vate entity that provides assistance to vic-tims of domestic violence, a sexual offense,stalking or human trafficking if the applicantor the applicant’s child or ward is an allegedvictim of domestic violence, a sexual offense,stalking or human trafficking;

(C) Documentation from a religious,medical or other professional from whom theapplicant has sought assistance in dealingwith the alleged domestic violence, sexualoffense, stalking or human trafficking; or

(D) Other forms of evidence as deter-mined by the Attorney General by rule.

(c) A statement by the applicant thatdisclosure of the actual address of the appli-cant would endanger the safety of the appli-cant or the safety of the applicant’s child orward.

(d) A statement by the applicant that theapplicant:

(A) Resides at a location in this statethat is not known by assailants or potentialassailants of the applicant or the applicant’schild or ward; and

(B) Will not disclose the location toassailants or potential assailants of the ap-plicant or the applicant’s child or ward whilethe applicant is a program participant.

(e) Written consent permitting the Attor-ney General to act as an agent for the appli-cant for the service of all legal process inthis state and the receipt of first-class, certi-fied or registered mail.

(f) The mailing address and telephonenumber at which the Attorney General cancontact the applicant.

(g) The actual address that the applicantrequests not be disclosed by the AttorneyGeneral that directly relates to the increasedrisk of the applicant or the applicant’s child



or ward as a victim of domestic violence, asexual offense, stalking or human trafficking.

(h) A sworn statement by the applicantthat to the best of the applicant’s knowledgethe information contained in the applicationis true.

(i) A recommendation by an applicationassistant that the applicant be a participantin the Address Confidentiality Program.

(4) Upon the filing of a properly com-pleted application and upon approval by theAttorney General, the Attorney Generalshall certify the applicant as a program par-ticipant.

(5) Upon certification, the Attorney Gen-eral shall issue an Address ConfidentialityProgram authorization card to the programparticipant. The Address Confidentiality Pro-gram authorization card is valid as long asthe program participant remains certifiedunder the program.

(6) The term of certification shall be fora period of time determined by the AttorneyGeneral by rule, unless prior to the end ofthe period one of the following occurs:

(a) The program participant withdrawsthe certification by filing with the AttorneyGeneral a request for withdrawal signed bythe program participant and acknowledged inwriting by a notary public or an applicationassistant; or

(b) The Attorney General cancels thecertification under ORS 192.834.

(7) A program participant may renew thecertification by filing an application for re-newal with the Attorney General at least 30days prior to expiration of the current certi-fication. [2005 c.821 §3; 2009 c.468 §3]


192.828 Prohibitions; civil penalty. (1)An applicant for participation in the AddressConfidentiality Program or a program partic-ipant may not:

(a) Falsely attest in an initial applicationor an application for renewal that disclosureof the actual address of the applicant wouldendanger the safety of the applicant or thesafety of the applicant’s child or ward; or

(b) Knowingly provide false informationin an initial application or an application forrenewal.

(2) If after an investigation, the AttorneyGeneral finds that a violation of subsection(1) of this section has occurred, the AttorneyGeneral may impose a civil penalty as pro-vided in ORS 183.745 in an amount not toexceed $500. [2005 c.821 §4]


2005 c.118 §1]

192.832 Notice of change in name, ad-dress or telephone number. (1) A programparticipant shall notify the Attorney Generalwithin 30 days after the program participanthas obtained a legal name change by provid-ing the Attorney General with a certifiedcopy of any judgment or order evidencing thechange or any other documentation the At-torney General considers sufficient evidenceof the name change.

(2) A program participant shall notify theAttorney General of a change in actual ad-dress or telephone number from the actualaddress or telephone number listed on theapplication of the program participant within10 days after the change occurs. [2005 c.821 §5]


192.834 Cancellation of certification.(1) The Attorney General shall cancel thecertification of a program participant if:

(a) The Attorney General determines thatthe program participant violated ORS192.828;

(b) The Attorney General determines thatthe program participant violated ORS192.832; or

(c) Subject to ORS 192.832 (2), first class,certified or registered mail forwarded to theprogram participant by the Attorney Generalis returned as undeliverable.

(2) The Attorney General shall send no-tice of cancellation to the program partic-ipant setting out the reasons for thecancellation and setting out the rights andduties of the program participant.

(3) A program participant has 30 days toappeal the cancellation decision under pro-cedures adopted by the Attorney General byrule. A cancellation of certification underthis section is not considered an order asdefined in ORS 183.310 and is not subject tojudicial review under ORS 183.480.

(4) An individual whose certification asa program participant is canceled under thissection shall notify persons and public bodiesusing the substitute address as the addressof the program participant that the substi-tute address is no longer the address to beused by public bodies as described in ORS192.836. [2005 c.821 §6]


2001 c.535 §33; repealed by 2005 c.118 §1]

192.836 Use of substitute address;waiver of requirement. (1)(a) A programparticipant may request that public bodiesuse the substitute address designated by theAttorney General as the address of the pro-gram participant in any ongoing actions orproceedings or when creating a new publicrecord.



(b) A public body is not responsible forrequesting that departments, divisions, affil-iates or other organizational units of thepublic body or other public bodies use thesubstitute address as the address of the pro-gram participant.

(c) Unless requested by the program par-ticipant, when the actual address of a pro-gram participant is contained in a publicrecord that is filed with the public body, thepublic body is not responsible for modifyingthe public record to contain the substituteaddress designated by the Attorney General.

(d) The Attorney General is not respon-sible for making requests under this subsec-tion.

(2) Except as provided in this section andORS 192.842, when a program participantsubmits a current and valid Address Confi-dentiality Program authorization card to apublic body, the public body shall accept thesubstitute address on the authorization cardas the address of the program participantwhen creating a new public record. Upon therequest of the program participant, the pub-lic body shall use the substitute address onthe authorization card in any ongoing ac-tions or proceedings.

(3) A public body may request a waiverfrom the requirements of the Address Confi-dentiality Program by submitting a waiverrequest to the Attorney General. The waiverrequest shall be in writing and include:

(a) An explanation of why the publicbody cannot meet its statutory or adminis-trative obligations by possessing or using thesubstitute address; and

(b) An affirmation that if the AttorneyGeneral accepts the waiver, the public bodywill only use the actual address of the pro-gram participant for those statutory or ad-ministrative purposes included in the waiverrequest.

(4) The Attorney General shall accept ordeny a waiver request from a public body inwriting and include a statement of specificreasons for acceptance or denial. An accept-ance or denial made under this subsection isnot considered an order as defined in ORS183.310 and is not subject to judicial reviewunder ORS 183.480.

(5) Except as provided in ORS 192.820 to192.868, if a law or rule requires the use ofa residence address, the substitute addressmay be used instead. [2005 c.821 §7; 2007 c.542 §2]

Note: See note under 192.820.192.840 [1997 c.566 §4; repealed by 2001 c.535 §36]

192.842 Use of actual or substituteaddress in specified circumstances. (1) Acounty clerk or other elections official shalluse the actual address of a program partic-

ipant for voter registration purposes. Exceptas provided in ORS 192.820 to 192.868, acounty clerk or other elections official maynot disclose the actual address.

(2) A county clerk or other elections of-ficial shall use the substitute address of theprogram participant for purposes of mailinga ballot to an elector under ORS 254.470.

(3) A school district shall use the actualaddress of a program participant for anypurpose related to admission or assignment.The school district shall take such measuresas necessary to protect the confidentiality ofthe actual address of the program partic-ipant. Student records created under ORS326.565 and 326.580 shall use the substituteaddress of the program participant.

(4) A county clerk shall accept the sub-stitute address of the program participant asthe address of the applicant for the purposeof issuing a marriage license under ORS106.041 or registering a Declaration of Do-mestic Partnership under ORS 106.325. [2005c.821 §8; 2007 c.99 §13; 2007 c.542 §12]


192.844 Prohibition on disclosure ofactual address or telephone number bypublic body. (1) Except as provided in ORS192.820 to 192.868, a public body that re-ceives a request from a program participantunder ORS 192.836 may not disclose the ac-tual address or telephone number of the pro-gram participant.

(2) Each public body that receives a re-quest from a program participant under ORS192.836 shall adopt a procedure to preventunnecessary disclosure of actual addresses ortelephone numbers of program participantsto employees of that public body or otherpersons in that public body. [2005 c.821 §9; 2007c.542 §3]

Note: See note under 192.820.192.845 [1997 c.566 §5; 1999 c.718 §2; repealed by 2005

c.118 §1]

192.846 Records of Department ofTransportation; substitute address. (1) Aprogram participant may request that anydriver or vehicle record kept by the Depart-ment of Transportation that contains or isrequired to contain the program participant’sactual address contain instead the substituteaddress designated by the Attorney General.A request under this subsection must:

(a) Be in a form specified by the depart-ment; and

(b) Contain verification that the individ-ual is a program participant.

(2) Upon receipt of a request and verifi-cation under this section, the departmentshall remove the program participant’s ac-tual address from its records and instead usethe substitute address designated by the At-



torney General. The department shall noteon the records that the address shown is asubstitute address under ORS 192.820 to192.868. While the request is in effect, theprogram participant may enter the substituteaddress on any driver or vehicle form issuedby the department that requires an address.

(3) If an individual ceases to be certifiedas a program participant, the individual shallnotify the department of a change of addressas provided in ORS 803.220, 807.420 or807.560. [2007 c.542 §11]


192.848 When Attorney General maydisclose actual address or telephonenumber. (1) The Attorney General may notdisclose the actual address or telephonenumber of a program participant, except un-der either of the following circumstances:

(a) Upon receipt of a court order signedby a judge pursuant to a finding of goodcause. Good cause exists when disclosure issought for a lawful purpose that outweighsthe risk of the disclosure and, in the case ofa request for disclosure received from a fed-eral, state or local law enforcement agency,district attorney or other public body, wheninformation is provided to the court that de-scribes the official purpose for which the ac-tual address or telephone number of theprogram participant will be used. If a judgefinds that good cause exists, the terms of thecourt order shall address, as much as practi-cable, the safety and protection of the pro-gram participant. In cases where theAttorney General has not received prior no-tice of a court order, not later than threebusiness days after receiving the order, theAttorney General may object to the orderand request a hearing before the judge whosigned the order.

(b) Where the program participant is re-quired to disclose the actual address of theprogram participant as part of a registrationfor sex offenders as required under ORS163A.005 to 163A.235.

(2) A person to whom an actual addressor telephone number of a program partic-ipant has been disclosed pursuant to a courtorder may not disclose the actual address ortelephone number to any other person unlesspermitted to do so by order of the court.

(3) The Attorney General shall notify aprogram participant within one business dayafter the Attorney General discloses an ac-tual address under subsection (1)(a) of thissection.

(4) Upon request by a public body, theAttorney General may verify whether or nota person is a program participant when theverification is for official use only. [2005 c.821§10; 2007 c.542 §4; 2013 c.708 §26]


2005 c.118 §1]

192.852 Prohibition on obtaining ac-tual address or telephone number; prohi-bition on disclosure by employee of publicbody. (1) A person may not attempt to obtainor obtain the actual address or telephonenumber of a program participant from theAttorney General or a public body throughfraud or misrepresentation.

(2) Except as provided in ORS 192.820 to192.868 or federal law, an employee of apublic body may not intentionally disclosethe actual address or telephone number of aprogram participant to a person known tothe employee to be prohibited from receivingthe actual address or telephone number ofthe program participant. This subsectionapplies only when an employee obtains theactual address or telephone number of theprogram participant during the performanceof the official duties of the employee and, atthe time of disclosure, the employee has spe-cific knowledge that the actual address ortelephone number disclosed belongs to a pro-gram participant. [2005 c.821 §11]


192.854 Application assistants; appli-cation assistance not legal advice. (1) TheAttorney General may designate employeesof or volunteers serving public or privateentities that provide counseling and shelterservices to victims of domestic violence, asexual offense, stalking or human traffickingas application assistants to assist individualsapplying to participate in the Address Confi-dentiality Program.

(2) Any assistance rendered to applicantsfor participation in the Address Confiden-tiality Program by the Attorney General oran application assistant is not considered le-gal advice. [2005 c.821 §12; 2009 c.468 §4]

Note: See note under 192.820.192.855 [1997 c.566 §7; repealed by 2001 c.535 §36]

192.856 Additional response time fornotice or other paper. Notwithstanding anyother law and the Oregon Rules of CivilProcedure, whenever a program participanthas the right or is required to do some actor take some proceedings within a prescribedperiod of 10 days or less after the service ofa notice or other paper upon the programparticipant and the notice or paper is servedby mail pursuant to ORS 192.820 to 192.868,five days shall be added to the prescribedperiod. [2005 c.821 §13]


192.858 Disclosures to participants.The Attorney General shall disclose in writ-ing to a program participant prior to certi-fication:



(1) The rights and obligations of the pro-gram participant under ORS 192.820 to192.868; and

(2) The term of certification as deter-mined by the Attorney General under ORS192.826. [2005 c.821 §14]


192.860 Rules. The Attorney Generalmay adopt rules the Attorney General con-siders necessary to carry out the provisionsof ORS 192.820 to 192.868. [2005 c.821 §15]


192.865 Criminal penalty. Violation ofORS 192.852 is a Class C misdemeanor. [2005c.821 §16]


192.868 Grants, donations and gifts. (1)The Department of Justice may seek, solicit,receive and administer monetary grants, do-nations and gifts to establish and operate theAddress Confidentiality Program.

(2) All moneys received by the depart-ment under subsection (1) of this sectionshall be deposited in the Department of Jus-tice Operating Account created in ORS180.180. Amounts deposited under this sec-tion are continuously appropriated to the de-partment to carry out the provisions of ORS192.820 to 192.868. [2005 c.821 §17]


2015 c.158 §30]


192 - Oregon State Legislature · 192.250 Director of Oregon Department of Ad-ministrative Services...

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