ORS 676.595 Disclosure of certain investigatory information; further disclosure; required disclosures; fees

As used in this section, “board” means the:

Sexual Offense Treatment Board established under ORS 675.395.

Behavior Analysis Regulatory Board created under ORS 676.806.

Long Term Care Administrators Board established under ORS 678.800.

State Board of Denture Technology established under ORS 680.556.

State Board of Direct Entry Midwifery established under ORS 687.470.

Board of Athletic Trainers established under ORS 688.705.

Respiratory Therapist and Polysomnographic Technologist Licensing Board established under ORS 688.820.

Board of Licensed Dietitians established under ORS 691.485.

Environmental Health Registration Board established under ORS 700.210.

Except to the extent that disclosure is necessary to conduct a full and proper investigation, the Health Licensing Office may not disclose information, including complaints and information identifying complainants, obtained by the office as part of an investigation conducted under:

ORS 675.365 to 675.410, 676.802 to 676.830, 678.710 to 678.820, 680.500 to 680.565, 687.405 to 687.495, 688.701 to 688.734, 688.800 to 688.840 or 691.405 to 691.485 or ORS chapter 700.

ORS 676.560 to 676.625 if the investigation is related to the regulation of:

Sexual abuse specific treatment under ORS 675.365 to 675.410;

Applied behavior analysis under ORS 676.802 to 676.830;

Nursing home administration and residential care facility administration under ORS 678.710 to 678.820;

The practice of denture technology under ORS 680.500 to 680.565;

Direct entry midwifery under ORS 687.405 to 687.495;

Athletic training under ORS 688.701 to 688.734;

Respiratory care and polysomnography under ORS 688.800 to 688.840;

Dietetics under ORS 691.405 to 691.485; or

Environmental health or waste water sanitation under ORS chapter 700.

Notwithstanding subsection (2) of this section, if the office or board decides not to impose a disciplinary sanction after conducting an investigation described in subsection (2) of this section:

The office shall disclose information obtained as part of the investigation if the person requesting the information demonstrates by clear and convincing evidence that the public interest in disclosure outweighs other interests in nondisclosure, including the public interest in nondisclosure.

The office may disclose to a complainant who made a complaint related to the investigation a written summary of information obtained as part of the investigation to the extent that disclosure is necessary to explain the office’s or board’s decision. The person who is the subject of the investigation may review and obtain a copy of a written summary disclosed under this paragraph after the office has redacted any information identifying the complainant.

Notwithstanding subsection (2) of this section, if a decision is made to impose a disciplinary sanction and to issue a notice of intent to impose a disciplinary sanction after conducting an investigation described in subsection (2) of this section, upon written request by the person who is the subject of the investigation, the office shall disclose to the person all information obtained by the office or board during the investigation, except that the office may not disclose:

Information that is otherwise privileged or confidential under state or federal law.

Information identifying a person who provided information that led to the investigation, unless the person will provide testimony at a hearing arising out of the investigation.

Information identifying a complainant.

Reports of expert witnesses.

Information disclosed to a person under subsection (4) of this section may be further disclosed by the person only to the extent that disclosure is necessary to prepare for a hearing arising out of the investigation.

The office shall disclose:

Any notice related to the imposition of a disciplinary sanction.

A final order related to the imposition of a disciplinary sanction.

An emergency suspension order.

A consent order or stipulated agreement that involves the conduct of a person against whom discipline is sought.

Information to further an investigation into board conduct under ORS 192.685.

The office or board must summarize the factual basis for the office’s or board’s disposition of:

A final order related to the imposition of a disciplinary sanction;

An emergency suspension order; or

A consent order or stipulated agreement that involves the conduct of a person against whom discipline is sought.

An office or board record or order, or any part of an office or board record or order, that is obtained during an investigation described in subsection (2) of this section, during a contested case proceeding or as a result of entering into a consent order or stipulated agreement is not admissible as evidence and may not preclude an issue or claim in a civil proceeding.

This subsection does not apply to a proceeding between the office or board and a person against whom discipline is sought as otherwise authorized by law.

Notwithstanding subsection (2) of this section, the office is not publicly disclosing information when the office permits other public officials and members of the press to attend executive sessions where information obtained as part of an investigation is discussed. Public officials and members of the press attending such executive sessions may not disclose information obtained as part of an investigation to any other member of the public.

For purposes of this subsection, “public official” means a member, member-elect or employee of a public entity as defined in ORS 676.177.

The office may establish fees reasonably calculated to reimburse the actual cost of disclosing information to a person against whom discipline is sought as required by subsection (4) of this section.