Oregon Statutes Pertaining to the Practice of Psychology (2023) PDF

STATE OF OREGON STATUTES PERTAINING TO THE PRACTICE OF PSYCHOLOGY Oregon Revised Statutes (2023) Revised 02/24 STATUTES PERTAINING TO THE PRACTICE OF PSYCHOLOGY 2023 Edition - Oregon Revised Statutes Table of Contents OREGON EVIDENCE CODE- PRIVILEGES............................................................................... 1 40.230 Rule 504. Psychotherapist-Patient Privilege................................................................................. 1 40.252 Rule 504-5. Communications revealing intent to commit certain crimes.................................... 1 40.264 Rule 507-1. Certified advocate-victim privilege........................................................................... 2 40.280 Rule 511. Waiver of privilege by voluntary disclosure................................................................ 3 AUTHORITY OF PARENT WHEN OTHER PARENT GRANTED SOLE CUSTODY OF CHILD, ORS 107.154............................................................................................................. 4 RIGHTS OF MINORS, ORS 109.672 – 109.695............................................................................ 5 REPORTING OF ABUSE OF ELDERLY PERSONS, ORS 124.050 – 124.095.......................... 8 SEXUALLY VIOLENT DANGEROUS OFFENDERS, ORS 137.765 – 137.771...................... 15 INMATE RECORDS, ORS 179.495 – 179.509............................................................................ 18 RECORDS OF INDIVIDUAL WITH DISABILITY OR MENTAL ILLNESS, ORS 192.515 – 192.517............................................................................................................................... 24 PROTECTED HEALTH INFORMATION, ORS 192.553 – 192.581.......................................... 26 REPORTING OF CHILD ABUSE, ORS 419B.005 – 419B.055.................................................. 35 JUVENILE COURT...................................................................................................................... 54 419B.112 Court appointed special advocate; duties; immunity; access to information; funding; rules............................................................................................................................................... 54 419B.195 Appointment of counsel for child or ward; access of appointed counsel to records of child or ward.................................................................................................................................. 55 PERSONS WITH MENTAL ILLNESS; SEXUALLY DANGEROUS PERSONS, ORS 426.005 – 426.702................................................................................................................. 56 PERSONS WITH MENTAL ILLNESS................................................................................................. 59 COMMUNITY INTEGRATION OF PERSONS WITH CHRONIC MENTAL ILLNESS.................. 95 SEXUALLY DANGEROUS PERSONS............................................................................................... 98 EXTREMELY DANGEROUS PERSONS WITH QUALIFYING MENTAL DISORDER.............. 100 ABUSE REPORTING FOR ADULTS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES, ORS 430.731 – 430.768....................................... 107 REPORTING OF ANIMAL ABUSE, ORS 609.650 – 609.654................................................. 116 LICENSED PROFESSIONAL COUNSELORS AND MARRIAGE AND FAMILY THERAPISTS, ORS 675.825............................................................................................. 118 BEHAVIORAL HEALTH CARE WORKFORCE, ORS 675.661............................................. 119 CONVERSION THERAPY, ORS 675.850................................................................................. 120 Table of Contents i Table of Contents, Cont. HEALTH PROFESSIONS GENERALLY, ORS 676.108 - 676.990......................................... 121 USE OF TITLES IMPORTING HEALTH CARE PROFESSION...................................................... 123 REPORTING OBLIGATIONS............................................................................................................ 124 PROCESSING OF COMPLAINTS AGAINST HEALTH PROFESSIONALS................................. 125 EFFECT OF EXPIRATION, LAPSE, SURRENDER, SUSPENSION OR REVOCATION OF LICENSE..................................................................................................................................... 128 HEALTH CARE PROVIDER REPORTING OF BLOOD ALCOHOL LEVEL................................ 129 MISCELLANEOUS............................................................................................................................. 130 CULTURAL COMPETENCY CONTINUING EDUCATION........................................................... 137 SUICIDE RISK ASSESSMENT, TREATMENT AND MANAGEMENT CONTINUING EDUCATION.............................................................................................................................. 138 PENALTIES......................................................................................................................................... 140 Table of Contents ii Statutes Pertaining to the Practice of Psychology, 2023 Edition OREGON EVIDENCE CODE- PRIVILEGES 40.230 Rule 504. Psychotherapist-Patient Privilege (1) As used in this section, unless the context requires otherwise: (a) “Confidential communication” means a communication not intended to be disclosed to third persons except: (A) Persons present to further the interest of the patient in the consultation, examination or interview; (B) Persons reasonably necessary for the transmission of the communication; or (C) Persons who are participating in the diagnosis and treatment under the direction of the psychotherapist, including members of the patient’s family. (b) “Patient” means a person who consults or is examined or interviewed by a psychotherapist. (c) “Psychotherapist” means a person who is: (A) Licensed, registered, certified or otherwise authorized under the laws of any state to engage in the diagnosis or treatment of a mental or emotional condition; or (B) Reasonably believed by the patient so to be, while so engaged. (2) A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purposes of diagnosis or treatment of the patient’s mental or emotional condition among the patient, the patient’s psychotherapist or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist, including members of the patient’s family. (3) The privilege created by this section may be claimed by: (a) The patient. (b) A guardian or conservator of the patient. (c) The personal representative of a deceased patient. (d) The person who was the psychotherapist, but only on behalf of the patient. The psychotherapist’s authority so to do is presumed in the absence of evidence to the contrary. (4) The following is a nonexclusive list of limits on the privilege granted by this section: (a) If the judge orders an examination of the mental, physical or emotional condition of the patient, communications made in the course thereof are not privileged under this section with respect to the particular purpose for which the examination is ordered unless the judge orders otherwise. (b) There is no privilege under this rule as to communications relevant to an issue of the mental or emotional condition of the patient: (A) In any proceeding in which the patient relies upon the condition as an element of the patient’s claim or defense; or (B) After the patient’s death, in any proceeding in which any party relies upon the condition as an element of the party’s claim or defense. (c) Except as provided in ORCP 44, there is no privilege under this section for communications made in the course of mental examination performed under ORCP 44. (d) There is no privilege under this section with regard to any confidential communication or record of such confidential communication that would otherwise be privileged under this section when the use of the communication or record is allowed specifically under ORS 426.070, 426.074, 426.075, 426.095, 426.120 or 426.307. This paragraph only applies to the use of the communication or record to the extent and for the purposes set forth in the described statute sections. [1981 c.892 §33; 1987 c.903 §1] 40.252 Rule 504-5. Communications revealing intent to commit certain crimes. (1) In addition to any other limitations on privilege that may be imposed by law, there is no privilege under ORS 40.225, 40.230, 40.250, 40.264 or 40.274 for communications if: 1 Statutes Pertaining to the Practice of Psychology, 2023 Edition (a) In the professional judgment of the person receiving the communications, the communications reveal that the declarant has a clear and serious intent at the time the communications are made to subsequently commit a crime involving physical injury, a threat to the physical safety of any person, sexual abuse or death or involving an act described in ORS 167.322; (b) In the professional judgment of the person receiving the communications, the declarant poses a danger of committing the crime; and (c) The person receiving the communications makes a report to another person based on the communications. (2) The provisions of this section do not create a duty to report any communication to any person. (3) A person who discloses a communication described in subsection (1) of this section, or fails to disclose a communication described in subsection (1) of this section, is not liable to any other person in a civil action for any damage or injury arising out of the disclosure or failure to disclose. [2001 c.640 §2; 2007 c.731 §4; 2015 c.265 §3; 2019 c.604 §18] Note: 40.252 was added to and made a part of 40.225 to 40.295 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. 40.264 Rule 507-1. Certified advocate-victim privilege. (1) As used in this section: (a) “Certified advocate” means a person who: (A) Has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault or stalking, approved by the Attorney General by rule; and (B) Is an employee or a volunteer of a qualified victim services program. (b) “Confidential communication” means a written or oral communication that is not intended for further disclosure, except to: (A) Persons present at the time the communication is made who are present to further the interests of the victim in the course of seeking safety planning, counseling, support or advocacy services; (B) Persons reasonably necessary for the transmission of the communication; or (C) Other persons, in the context of group counseling. (c) “Qualified victim services program” means: (A) A nongovernmental, nonprofit, community-based program receiving moneys administered by the state Department of Human Services or the Oregon or United States Department of Justice, or a program administered by a tribal government, that offers safety planning, counseling, support or advocacy services to victims of domestic violence, sexual assault or stalking; or (B) A sexual assault center, victim advocacy office, women’s center, student affairs center, health center or other program providing safety planning, counseling, support or advocacy services to victims that is on the campus of or affiliated with a two- or four-year post-secondary institution that enrolls one or more students who receive an Oregon Opportunity Grant. (d) “Victim” means a person seeking safety planning, counseling, support or advocacy services related to domestic violence, sexual assault or stalking at a qualified victim services program. (2) Except as provided in subsection (3) of this section, a victim has a privilege to refuse to disclose and to prevent any other person from disclosing: (a) Confidential communications made by the victim to a certified advocate in the course of safety planning, counseling, support or advocacy services. (b) Records that are created or maintained in the course of providing services regarding the victim. (3) The privilege established by this section does not apply to the disclosure of confidential communications, only to the extent disclosure is necessary for defense, in any civil, criminal or administrative action that is brought against the certified advocate, or against the qualified victim services program, by or on behalf of the victim. 2 Statutes Pertaining to the Practice of Psychology, 2023 Edition (4) The privilege established in this section is not waived by disclosure of the communications by the certified advocate to another person if the disclosure is reasonably necessary to accomplish the purpose for which the certified advocate is consulted. (5) This section does not prohibit the disclosure of aggregate, nonpersonally identifying data. (6) This section applies to civil, criminal and administrative proceedings and to institutional disciplinary proceedings at a two-year or four-year post-secondary institution that enrolls one or more students who receive an Oregon Opportunity Grant. [2015 c.265 §2; 2017 c.256 §1] Note: 40.264 was added to and made a part of 40.225 to 40.295 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. 40.280 Rule 511. Waiver of privilege by voluntary disclosure. A person upon whom ORS 40.225 to 40.295 confer a privilege against disclosure of the confidential matter or communication waives the privilege if the person or the person’s predecessor while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the matter or communication. This section does not apply if the disclosure is itself a privileged communication. Voluntary disclosure does not occur with the mere commencement of litigation or, in the case of a deposition taken for the purpose of perpetuating testimony, until the offering of the deposition as evidence. Voluntary disclosure does not occur when representatives of the news media are allowed to attend executive sessions of the governing body of a public body as provided in ORS 192.660 (4), or when representatives of the news media disclose information after the governing body has prohibited disclosure of the information under ORS 192.660 (4). Voluntary disclosure does not occur when a public body, as defined in ORS 192.311, discloses information or records in response to a written request for public records made under ORS 192.311 to 192.478. Voluntary disclosure does occur, as to psychotherapists in the case of a mental or emotional condition and physicians in the case of a physical condition upon the holder’s offering of any person as a witness who testifies as to the condition. [1981 c.892 §39; 2003 c.259 §1; 2017 c.456 §9] 3 Statutes Pertaining to the Practice of Psychology, 2023 Edition AUTHORITY OF PARENT WHEN OTHER PARENT GRANTED SOLE CUSTODY OF CHILD, ORS 107.154 107.154 Unless otherwise ordered by the court, an order of sole custody to one parent shall not deprive the other parent of the following authority: (1) To inspect and receive school records and to consult with school staff concerning the child’s welfare and education, to the same extent as the custodial parent may inspect and receive such records and consult with such staff; (2) To inspect and receive governmental agency and law enforcement records concerning the child to the same extent as the custodial parent may inspect and receive such records; (3) To consult with any person who may provide care or treatment for the child and to inspect and receive the child’s medical, dental and psychological records, to the same extent as the custodial parent may consult with such person and inspect and receive such records; (4) To authorize emergency medical, dental, psychological, psychiatric or other health care for the child if the custodial parent is, for practical purposes, unavailable; or (5) To apply to be the child’s conservator, guardian ad litem or both. [1987 c.795 §3] 4 Statutes Pertaining to the Practice of Psychology, 2023 Edition RIGHTS OF MINORS, ORS 109.672 – 109.695 109.672 Certain persons immune from liability for providing care to minor. (1) No person licensed, certified or registered to practice a health care profession or health care facility shall be liable for damages in any civil action arising out of the failure of the person or facility to obtain the consent of a parent to the giving of medical care or treatment to a minor child of the parent if consent to the care has been given by the other parent of the child. (2) The immunity provided by subsection (1) of this section shall apply regardless of whether: (a) The parents are married, unmarried or separated at the time of consent or treatment. (b) The consenting parent is, or is not, a custodial parent of the minor. (c) The giving of consent by only one parent is, or is not, in conformance with the terms of any agreement between the parents, any custody order or any judgment of dissolution or separation. (3) The immunity created by subsection (1) of this section shall not apply if the parental rights of the parent who gives consent have been terminated pursuant to ORS 419B.500 to 419B.524. (4) For the purposes of this section, “health care facility” means a facility as defined in ORS 442.015 or any other entity providing medical service. [Formerly 109.133; 1993 c.33 §296; 2003 c.576 §158] 109.675 Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent. (1) A minor 14 years of age or older may obtain, without parental knowledge or consent: (a) Outpatient diagnosis or treatment of a mental or emotional disorder or a chemical dependency, excluding methadone maintenance, by a physician or physician assistant licensed by the Oregon Medical Board, a psychologist licensed by the Oregon Board of Psychology, a nurse practitioner registered by the Oregon State Board of Nursing, a clinical social worker licensed by the State Board of Licensed Social Workers, a professional counselor or marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists, a naturopathic physician licensed by the Oregon Board of Naturopathic Medicine or a community mental health program established and operated pursuant to ORS 430.620 when approved to do so by the Oregon Health Authority pursuant to rule. (b) Outpatient applied behavior analysis, as defined in ORS 676.802, as a treatment of a mental or emotional disorder or a chemical dependency, excluding methadone maintenance, by a behavior analyst or assistant behavior analyst licensed under ORS 676.810 or a behavior analysis interventionist registered by the Health Licensing Office under ORS 676.815 if the treatment is within the scope of practice of the behavior analyst, assistant behavior analyst or behavior analysis interventionist. (2) However, the person providing treatment shall have the parents of the minor involved before the end of treatment unless the parents refuse or unless there are clear clinical indications to the contrary, which shall be documented in the treatment record. The provisions of this subsection do not apply to: (a) A minor who has been sexually abused by a parent; or (b) An emancipated minor, whether emancipated under the provisions of ORS 109.510 and 109.520 or 419B.550 to 419B.558 or, for the purpose of this section only, emancipated by virtue of having lived apart from the parents or legal guardian while being self-sustaining for a period of 90 days prior to obtaining treatment as provided by this section. [1985 c.525 §1; 1989 c.721 §47; 1993 c.546 §137; 1997 c.249 §38; 2009 c.442 §30; 2009 c.595 §71; 2013 c.178 §1; 2014 c.45 §13; 2017 c.6 §1; 2017 c.356 §6; 2023 c.500 §7] 109.680 Disclosure by mental health care provider without minor’s consent; civil immunity. (1) As used in this section, “mental health care provider” means a physician or physician assistant licensed by the Oregon Medical Board, psychologist licensed by the Oregon Board of 5 Statutes Pertaining to the Practice of Psychology, 2023 Edition Psychology, nurse practitioner registered by the Oregon State Board of Nursing, clinical social worker licensed under ORS 675.530, professional counselor or marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists, naturopathic physician licensed under ORS chapter 685 or community mental health program established and operated pursuant to ORS 430.620 when approved to do so by the Oregon Health Authority pursuant to rule. (2)(a) A mental health care provider that is providing services to a minor pursuant to ORS 109.675 may disclose relevant health information about the minor without the minor’s consent as provided in ORS 109.675 (2) and this subsection. (b) If the minor’s condition has deteriorated or the risk of a suicide attempt has become such that inpatient treatment is necessary, or if the minor’s condition requires detoxification in a residential or acute care facility, the minor’s mental health care provider may disclose the relevant information regarding the minor’s diagnosis and treatment to the minor’s parent or legal guardian to the extent the mental health care provider determines the disclosure is clinically appropriate and will serve the best interests of the minor’s treatment. (c) If the mental health care provider assesses the minor to be at serious and imminent risk of a suicide attempt but inpatient treatment is not necessary or practicable: (A) The mental health care provider shall disclose relevant information about the minor to and engage in safety planning with the minor’s parent, legal guardian or other individuals the provider reasonably believes may be able to prevent or lessen the minor’s risk of a suicide attempt. (B) The mental health care provider may disclose relevant information regarding the minor’s treatment and diagnosis that the mental health care provider determines is necessary to further the minor’s treatment to those organizations, including appropriate schools and social service entities, that the mental health care provider reasonably believes will provide treatment support to the minor to the extent the mental health care provider determines necessary. (d) Except as provided in ORS 109.675 (2) and paragraphs (a) and (b) of this subsection, if a mental health care provider has provided the minor with the opportunity to object to the disclosure and the minor has not expressed an objection, the mental health care provider may disclose information related to the minor’s treatment and diagnosis to individuals, including the minor’s parent or legal guardian, and organizations when the information directly relates to the individual’s or organization’s involvement in the minor’s treatment. (3) Notwithstanding subsection (2)(c)(A) of this section, a mental health care provider is not required to disclose the minor’s treatment and diagnosis information to an individual if the mental health care provider: (a) Reasonably believes the individual has abused or neglected the minor or subjected the minor to domestic violence or may abuse or neglect the minor or subject the minor to domestic violence; (b) Reasonably believes disclosure of the minor’s information to the individual could endanger the minor; or (c) Determines that it is not in the minor’s best interest to disclose the information to the individual. (4) Nothing in this section is intended to limit a mental health care provider’s authority to disclose information related to the minor with the minor’s consent. (5) If a mental health care provider discloses a minor’s information as provided in subsection (2) of this section in good faith, the mental health care provider is immune from civil liability for making the disclosure without the consent of the minor. [1985 c.525 §2; 1989 c.721 §48; 2009 c.442 §31; 2009 c.595 §72; 2013 c.178 §2; 2014 c.45 §14; 2017 c.356 §7; 2021 c.301 §1; 2023 c.9 §7] 109.685 Immunity from civil liability for person providing treatment or diagnosis. A physician, physician assistant, psychologist, nurse practitioner, clinical social worker licensed under ORS 675.530, professional counselor or marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists, naturopathic physician licensed under ORS chapter 685 or 6 Statutes Pertaining to the Practice of Psychology, 2023 Edition community mental health program described in ORS 109.675 who in good faith provides diagnosis or treatment to a minor as authorized by ORS 109.675 shall not be subject to any civil liability for providing such diagnosis or treatment without consent of the parent or legal guardian of the minor. [1985 c.525 §3; 1989 c.721 §49; 2009 c.442 §32; 2009 c.595 §73; 2013 c.178 §3; 2014 c.45 §15; 2017 c.356 §8] 109.690 Parent or guardian not liable for payment under ORS 109.675. If diagnosis or treatment services are provided to a minor pursuant to ORS 109.675 without consent of the minor’s parent or legal guardian, the parent, parents or legal guardian of the minor shall not be liable for payment for any such services rendered. [1985 c.525 §4] 109.695 Rules for implementation of ORS 109.675 to 109.695. For the purpose of carrying out the policy and intent of ORS 109.675 to 109.695 while taking into account the respective rights of minors at risk of chemical dependency or mental or emotional disorder and the rights and interests of parents or legal guardians of such minors, the Oregon Health Authority shall adopt rules for the implementation of ORS 109.675 to 109.695 by community mental health programs approved to do so. Such rules shall provide for the earliest feasible involvement of the parents or guardians in the treatment plan consistent with clinical requirements of the minor. [1985 c.525 §5; 2009 c.595 §74] 7 Statutes Pertaining to the Practice of Psychology, 2023 Edition REPORTING OF ABUSE OF ELDERLY PERSONS, ORS 124.050 – 124.095 124.050 Definitions for ORS 124.050 to 124.095. As used in ORS 124.050 to 124.095: (1) “Abuse” means one or more of the following: (a) Any physical injury to an elderly person caused by other than accidental means, or which appears to be at variance with the explanation given of the injury. (b) Neglect. (c) Abandonment, including desertion or willful forsaking of an elderly person or the withdrawal or neglect of duties and obligations owed an elderly person by a caretaker or other person. (d) Willful infliction of physical pain or injury upon an elderly person. (e) An act that constitutes a crime under ORS 163.375, 163.405, 163.411, 163.415, 163.425, 163.427, 163.465, 163.467 or 163.525. (f) Verbal abuse. (g) Financial exploitation. (h) Sexual abuse. (i) Involuntary seclusion of an elderly person for the convenience of a caregiver or to discipline the person. (j) A wrongful use of a physical or chemical restraint of an elderly person, excluding an act of restraint prescribed by a physician licensed under ORS chapter 677 and any treatment activities that are consistent with an approved treatment plan or in connection with a court order. (2) “Elderly person” means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 to 441.665. (3) “Facility” means: (a) A long term care facility as that term is defined in ORS 442.015. (b) A residential facility as that term is defined in ORS 443.400, including but not limited to an assisted living facility. (c) An adult foster home as that term is defined in ORS 443.705. (4) “Financial exploitation” means: (a) Wrongfully taking the assets, funds or property belonging to or intended for the use of an elderly person or a person with a disability. (b) Alarming an elderly person or a person with a disability by conveying a threat to wrongfully take or appropriate money or property of the person if the person would reasonably believe that the threat conveyed would be carried out. (c) Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by an elderly person or a person with a disability. (d) Failing to use the income or assets of an elderly person or a person with a disability effectively for the support and maintenance of the person. (5) “Intimidation” means compelling or deterring conduct by threat. (6) “Law enforcement agency” means: (a) Any city or municipal police department. (b) Any county sheriff’s office. (c) The Oregon State Police. (d) Any district attorney. (e) A police department established by a university under ORS 352.121 or 353.125. (7) “Neglect” means failure to provide basic care or services that are necessary to maintain the health or safety of an elderly person. (8) “Person with a disability” means a person described in: (a) ORS 410.040 (7); or 8 Statutes Pertaining to the Practice of Psychology, 2023 Edition (b) ORS 410.715. (9) “Public or private official” means: (a) Physician or physician assistant licensed under ORS chapter 677, naturopathic physician or chiropractor, including any intern or resident. (b) Licensed practical nurse, registered nurse, nurse practitioner, nurse’s aide, home health aide or employee of an in-home health service. (c) Employee of the Department of Human Services or community developmental disabilities program. (d) Employee of the Oregon Health Authority, local health department or community mental health program. (e) Peace officer. (f) Member of the clergy. (g) Regulated social worker. (h) Physical, speech or occupational therapist. (i) Senior center employee. (j) Information and referral or outreach worker. (k) Licensed professional counselor or licensed marriage and family therapist. (L) Elected official of a branch of government of this state or a state agency, board, commission or department of a branch of government of this state or of a city, county or other political subdivision in this state. (m) Firefighter or emergency medical services provider. (n) Psychologist. (o) Provider of adult foster care or an employee of the provider. (p) Audiologist. (q) Speech-language pathologist. (r) Attorney. (s) Dentist. (t) Optometrist. (u) Chiropractor. (v) Personal support worker, as defined in ORS 410.600. (w) Home care worker, as defined in ORS 410.600. (x) Referral agent, as defined in ORS 443.370. (y) A person providing agency with choice services under ORS 427.181. (10) “Services” includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene or any other service essential to the well- being of an elderly person. (11)(a) “Sexual abuse” means: (A) Sexual contact with an elderly person who does not consent or is considered incapable of consenting to a sexual act under ORS 163.315; (B) Verbal or physical harassment of a sexual nature, including but not limited to severe or pervasive exposure to sexually explicit material or language; (C) Sexual exploitation; (D) Any sexual contact between an employee of a facility or paid caregiver and an elderly person served by the facility or caregiver; or (E) Any sexual contact that is achieved through force, trickery, threat or coercion. (b) “Sexual abuse” does not mean consensual sexual contact between an elderly person and: (A) An employee of a facility who is also the spouse of the elderly person; or (B) A paid caregiver. (12) “Sexual contact” has the meaning given that term in ORS 163.305. 9 Statutes Pertaining to the Practice of Psychology, 2023 Edition (13) “Verbal abuse” means to threaten significant physical or emotional harm to an elderly person or a person with a disability through the use of: (a) Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or (b) Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual comments. [Formerly 410.610; 1999 c.463 §6; 2001 c.104 §36; 2005 c.671 §4; 2007 c.70 §29; 2009 c.442 §33; 2009 c.595 §84; 2009 c.708 §1; 2009 c.837 §9; 2011 c.36 §3; 2011 c.506 §5; 2011 c.703 §23; 2013 c.129 §23; 2013 c.180 §7; 2013 c.352 §5; 2014 c.104 §9; 2015 c.179 §2; 2015 c.416 §1; 2015 c.736 §49; 2017 c.656 §4; 2018 c.75 §§7,8; 2021 c.251 §1; 2022 c.91 §7] 124.055 Policy. The Legislative Assembly finds that for the purpose of preventing abuse, safeguarding and enhancing the welfare of elderly persons, it is necessary and in the public interest to require mandatory reports and investigations of allegedly abused elderly persons. [Formerly 410.620] 124.060 Duty of officials to report; exception. (1) Any public or private official having reasonable cause to believe that any person 65 years of age or older with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused a person 65 years of age or older, shall report or cause a report to be made in the manner required in ORS 124.065. (2) Nothing contained in ORS 40.225 to 40.295 affects the duty to report imposed by this section, except that a psychiatrist, psychologist, member of the clergy or attorney is not required to report such information communicated by a person if the communication is privileged under ORS 40.225 to 40.295. (3) An attorney is not required to make a report under this section by reason of information communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client. (4) The Long Term Care Ombudsman or a designee of the ombudsman is not required to make a report under this section to the extent the report would violate 42 U.S.C. 3058g(d). [Formerly 410.630; 2009 c.708 §2; 2013 c.352 §6; 2019 c.117 §7] 124.065 Method of reporting; content; notice to law enforcement agency and to department. (1) When a report is required under ORS 124.060, an oral report shall be made immediately by telephone or otherwise to the local office of the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of contact. If known, such reports shall contain the names and addresses of the elderly person and any persons responsible for the care of the elderly person, the nature and the extent of the abuse (including any evidence of previous abuse), the explanation given for the abuse and any other information which the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator. (2) When a report of a possible crime is received by the department under ORS 124.060, the department or the designee of the department shall notify the law enforcement agency having jurisdiction within the county where the report was made. If the department or the designee of the department is unable to gain access to the allegedly abused elderly person, the department or the designee of the department may contact the law enforcement agency for assistance and the agency shall provide assistance. (3) If the department or the designee of the department determines that there is reason to believe a crime has been committed, the department or the designee of the department shall immediately notify the law enforcement agency having jurisdiction within the county where the report was made. The law enforcement agency shall confirm to the department or the designee of the department its receipt of the notification. (4) When a report is received by a law enforcement agency, the agency shall immediately notify the law enforcement agency having jurisdiction if the receiving agency does not. The receiving agency shall 10 Statutes Pertaining to the Practice of Psychology, 2023 Edition also immediately notify the local office of the department in the county where the report was made. [Formerly 410.640; 2009 c.837 §§10,11] 124.070 Duty to investigate; notice to law enforcement agency and department; written findings; review by district attorney. (1) Upon receipt of the report required under ORS 124.060, the Department of Human Services or the law enforcement agency shall cause an investigation to be commenced promptly to determine the nature and cause of the abuse. The investigation shall include a visit to the named elderly person and communication with those individuals having knowledge of the facts of the particular case. If the alleged abuse occurs in a residential facility, the department shall conduct an investigation regardless of whether the suspected abuser continues to be employed by the facility. (2) If the department finds reasonable cause to believe that a crime has occurred, the department shall notify in writing the appropriate law enforcement agency. If the law enforcement agency conducting the investigation finds reasonable cause to believe that abuse has occurred, the agency shall notify the department in writing. Upon completion of the evaluation of each case, the department shall prepare written findings that include recommended action and a determination of whether protective services are needed. (3) After receiving notification from the department that there is reasonable cause to believe that a crime has occurred, a law enforcement agency shall notify the department: (a) That there will be no criminal investigation, including an explanation of why there will be no criminal investigation; (b) That the investigative findings have been given to the district attorney for review; or (c) That a criminal investigation will take place. (4) If a law enforcement agency gives the findings of the department to the district attorney for review, the district attorney shall notify the department that the district attorney has received the findings and shall inform the department whether the findings have been received for review or for filing charges. A district attorney shall make the determination of whether to file charges within six months of receiving the findings of the department. (5) If a district attorney files charges stemming from the findings of the department and the district attorney makes a determination not to proceed to trial, the district attorney shall notify the department of the determination and shall include information explaining the basis for the determination. [Formerly 410.650; 2009 c.837 §§12,13] 124.071 Deadline to complete abuse investigation; exception; written report required. (1) Investigations commenced by the Department of Human Services pursuant to ORS 124.070 must be completed by the department on or before 120 days after receipt of the report of abuse made under ORS 124.060, unless there is an ongoing concurrent criminal investigation, in which case the department may take a reasonable amount of additional time in which to complete the investigation. (2) Upon completion of an investigation in accordance with subsection (1) of this section, a written report shall be prepared that includes information as required by rule adopted by the department, including but not limited to the following: (a) The date and location of the report of abuse and of the incident of abuse that was reported; (b) The dates that the investigation was commenced and completed and by what entity; (c) A description of documents and records reviewed during the investigation; (d) An identification of any witness statements that were obtained during the investigation; and (e) A statement of the factual basis for any findings and a summary of the findings made as a result of the investigation. [2014 c.104 §2] 11 Statutes Pertaining to the Practice of Psychology, 2023 Edition 124.072 Required disclosure of protected health information to law enforcement agency; liability for disclosure. (1) Upon notice by a law enforcement agency that an investigation into abuse is being conducted under ORS 124.070, and without the consent of the named elderly person or of the named elderly person’s caretaker, fiduciary or other legal representative, a health care provider must: (a) Permit the law enforcement agency to inspect and copy, or otherwise obtain, protected health information of the named elderly person; and (b) Upon request of the law enforcement agency, consult with the agency about the protected health information. (2) A health care provider who in good faith discloses protected health information under this section is not civilly or criminally liable under state law for the disclosure. (3) For purposes of this section: (a) “Health care provider” has the meaning given that term in ORS 192.556. (b) “Protected health information” has the meaning given that term in ORS 192.556. [2012 c.70 §6] 124.073 Training for abuse investigators. (1) The Department of Human Services shall: (a) Using new or existing materials, develop and implement a training and continuing education curriculum for persons other than law enforcement officers required by law to investigate allegations of abuse under ORS 124.070 or 441.650. The curriculum shall address the areas of training and education necessary to facilitate the skills required to investigate reports of abuse, including, but not limited to, risk assessment, investigatory technique, evidence gathering and report writing. (b) Using new or existing materials, develop and implement training for persons that provide care to vulnerable persons to facilitate awareness of the dynamics of abuse, abuse prevention strategies and early detection of abuse. (2) For purposes of this section, “vulnerable person” means a person 65 years of age or older. [2012 c.70 §21] Note: 124.073 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 124 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 124.075 Immunity of person making report in good faith; identity confidential. (1) Anyone participating in good faith in the making of a report of elder abuse and who has reasonable grounds for making the report shall have immunity from any criminal or civil liability that might otherwise be incurred or imposed with respect to the making or content of such report. Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting from such report. (2) The identity of the person making the report shall be treated as confidential information and shall be disclosed only with the consent of that person or by judicial process, or as required to perform the functions under ORS 124.070. [Formerly 410.660; 2005 c.671 §5; 2015 c.179 §5] 124.077 Immunity for disclosure to prospective employer. A person who has personal knowledge that an employee or former employee of the person was found by the Department of Human Services, a law enforcement agency or a court to have committed abuse under ORS 124.005 to 124.040, 124.050 to 124.095 or 124.100 to 124.140, is immune from civil liability for the disclosure to a prospective employer of the employee or former employee of known facts concerning the abuse. [2009 c.837 §14] Note: 124.077 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 124 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 12 Statutes Pertaining to the Practice of Psychology, 2023 Edition 124.080 Photographing of victim; photograph as record. (1) In carrying out its duties under ORS 124.070 a law enforcement agency or the Department of Human Services may photograph or cause to have photographed any victim who is the subject of the investigation for purposes of preserving evidence of the condition of the victim at the time of the investigation. (2) For purposes of ORS 124.090, photographs taken under authority of subsection (1) of this section shall be considered records. [Formerly 410.670] 124.085 Catalog of abuse records; confidentiality. A proper record of complaints made under ORS 124.060 and 124.065 shall be maintained by the Department of Human Services. The department shall prepare reports in writing when investigation has shown that the condition of the elderly person was the result of abuse even if the cause remains unknown. The complaints and investigative reports shall be cataloged under the name of the victim but shall be treated as confidential information subject to ORS 124.090, and shall be disclosed only with the consent of that person or by judicial process. [Formerly 410.680; 2012 c.70 §11] 124.087 Policies and guidelines to plan for development and standardization of certain resources and technologies. The Department of Human Services shall adopt policies and guidelines to plan for the development and standardization of resources and technologies to: (1) Create a database, registry or other electronic record of reports of abuse made under ORS 124.060 and 441.640 and investigations of abuse conducted pursuant to ORS 124.070 and 441.650 with information including, but not limited to: (a) The date and location of the report of abuse and the incident of abuse that was reported; (b) If applicable, the date that the initial status report required under ORS 441.650 was completed and a summary of the information required to be contained in the initial status report as set forth in ORS 441.650; (c) The date that the investigation was commenced and by what entity; (d) Any actions taken during the course of the investigation, including but not limited to the actions required under ORS 441.650 (6); (e) The date that a written report, including but not limited to the written report required under ORS 124.071 and 441.650 (6), was completed and a summary of the information contained in the written report; and (f) The disposition of the report of abuse or the investigation of the report, including but not limited to the date and time that the investigation, if applicable, was completed and the date that a letter of determination under ORS 441.677 was prepared; (2) Standardize procedures and protocols for making and responding to reports of abuse made under ORS 124.060 and 441.640; (3) Standardize procedures and protocols for investigations of reports of abuse conducted pursuant to ORS 124.070 and 441.650; and (4) Promote and coordinate communication and information sharing with law enforcement agencies regarding reports and investigations of abuse under ORS 124.060, 124.070, 441.640 and 441.650. [2014 c.104 §4] Note: 124.087 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 124 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 13 Statutes Pertaining to the Practice of Psychology, 2023 Edition 124.088 Certain privileges not grounds for excluding evidence in court proceedings. (1) In the case of abuse of an elderly person, the privileges created in ORS 40.230 to 40.255, including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated social workers and the spousal privilege, shall not be a ground for excluding evidence regarding an elderly person’s abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 124.050 to 124.095. (2) In any judicial proceedings resulting from a report made pursuant to ORS 124.050 to 124.095, either spouse shall be a competent and compellable witness against the other. (3) As used in this section, “abuse” and “elderly person” have the meanings given those terms in ORS 124.050. [2021 c.323 §1] Note: 124.088 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 124 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 124.090 Confidentiality of records; exceptions. (1) Notwithstanding the provisions of ORS 192.410 to 192.505, the names of the public or private official or any other person who made the complaint, the witnesses and the elderly persons, and the reports and records compiled under the provisions of ORS 124.050 to 124.095, are confidential and are not accessible for public inspection. (2) Notwithstanding subsection (1) of this section, the Department of Human Services or the department’s designee may, if appropriate, make the names of the witnesses and the elderly persons, and the reports and records compiled under ORS 124.050 to 123.095, available to: (a) A law enforcement agency; (b) A public agency that licenses or certifies residential facilities or licenses or certifies the persons practicing in the facilities; (c) A public agency or private nonprofit agency or organization providing protective services for the elderly person; (d) The Long Term Care Ombudsman; (e) A public agency that licenses or certifies a person that has abused or is alleged to have abused an elderly person; (f) A court pursuant to a court order or as provided in ORS 125.012; and (g) An administrative law judge in an administrative proceeding when necessary to provide protective services as defined in ORS 410.040 to an elderly person, when in the best interests of the elderly person or when necessary to investigate, prevent or treat abuse of an elderly person. (3) Information made available under subsection (2) of this section, and the recipient of the information, are otherwise subject to the confidentiality provisions of ORS 124.050 to 124.095. [Formerly 410.690; 2001 c.900 §21; 2012 c.70 §12] 124.095 Spiritual treatment not abuse. An elderly person who in good faith is voluntarily under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for this reason alone, not be considered subjected to abuse by reason of neglect under ORS 124.050 to 124.095. [Formerly 410.700] 14 Statutes Pertaining to the Practice of Psychology, 2023 Edition SEXUALLY VIOLENT DANGEROUS OFFENDERS, ORS 137.765 – 137.771 137.765 Sexually violent dangerous offenders; definitions; mandatory lifetime post-prison supervision. (1) As used in this section: (a) “History of sexual assault” means that a person has engaged in unlawful sexual conduct that: (A) Was not committed as part of the same criminal episode as the crime for which the person is currently being sentenced; and (B) Seriously endangered the life or safety of another person or involved a victim under 12 years of age. (b) “Sexually violent dangerous offender” means a person who has psychopathic personality features, sexually deviant arousal patterns or interests and a history of sexual assault and presents a substantial probability of committing a crime listed in subsection (3) of this section. (2) Notwithstanding ORS 161.605, when a person is convicted of a crime listed in subsection (3) of this section, in addition to any sentence of imprisonment required by law, a court shall impose a period of post-prison supervision that extends for the life of the person if: (a) The person was 18 years of age or older at the time the person committed the crime; and (b) The person is a sexually violent dangerous offender. (3) The crimes to which subsection (2) of this section applies are: (a) Rape in the first degree and sodomy in the first degree if the victim was: (A) Subjected to forcible compulsion by the person; (B) Under 12 years of age; or (C) Incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct; (b) Unlawful sexual penetration in the first degree; and (c) An attempt to commit a crime listed in paragraph (a) or (b) of this subsection. [1999 c.163 §1; 2005 c.463 §§11,16; 2007 c.16 §6; 2021 c.82 §8] Note: 137.765 to 137.771 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 137.767 Presentence investigation and examination. (1)(a) A court shall order a presentence investigation and an examination of the defendant by a psychiatrist or psychologist upon motion of the district attorney if: (A) The defendant is convicted of a crime listed in ORS 137.765 (3); and (B) In the opinion of the court, there is reason to believe that the defendant is a sexually violent dangerous offender as defined in ORS 137.765. (b) The court may appoint one or more qualified psychiatrists or psychologists to examine the defendant in the local correctional facility. (2) The state shall pay all costs connected with an examination under this section. (3) The examination performed pursuant to this section must be completed within 30 days if the defendant is in custody or within 60 days if the defendant is not in custody. The court may order extensions not exceeding 30 days. Each psychiatrist or psychologist appointed to examine a defendant under this section shall file with the court a written report of findings and conclusions, including an evaluation of whether the defendant is predisposed to commit a crime listed in ORS 137.765 (3) because the defendant has: (a) Psychopathic personality features; and (b) Sexually deviant arousal patterns or interests. 15 Statutes Pertaining to the Practice of Psychology, 2023 Edition (4) No statement made by a defendant under this section may be used against the defendant in any civil proceeding or in any other criminal proceeding. (5) Upon receipt of the examination and presentence reports the court shall set a time for a sentence hearing. At the sentence hearing the district attorney and the defendant may question any psychiatrist or psychologist who examined the defendant pursuant to this section. (6) If, after considering the evidence in the case or in the sentence hearing, the jury or, if the defendant waives the right to a jury trial, the court finds that the defendant is a sexually violent dangerous offender, the court shall sentence the defendant as provided in ORS 137.765. (7) The fact that a person is a sexually violent dangerous offender is an enhancement fact, as defined in ORS 136.760, and ORS 136.765 to 136.785 apply to making a determination of the fact. [1999 c.163 §3; 2005 c.463 §§12,17; 2007 c.16 §7] Note: See note under 137.765. 137.769 Defendant’s right to independent examination. (1) When a defendant is examined under ORS 137.767, the defendant may retain a psychiatrist, psychologist or other expert to perform an examination on the defendant’s behalf. A psychiatrist, psychologist or other expert retained by the defendant must be provided reasonable access to: (a) The defendant for the purpose of the examination; and (b) All relevant medical and psychological records and reports. (2) If the defendant is financially eligible for appointed counsel at state expense, the defendant may request preauthorization to incur the fees and expenses of a psychiatrist, psychologist or other expert as provided in ORS 135.055 (3). [1999 c.163 §4; 2001 c.962 §97; 2003 c.449 §6] Note: See note under 137.765. 137.771 Resentencing hearing; petition; findings; modification of sentence. (1) No sooner than 10 years after a person sentenced under ORS 137.765 is released to post-prison supervision, the person may petition the sentencing court for a resentencing hearing requesting that the judgment be modified to terminate post-prison supervision. The district attorney of the county must be named and served as a respondent in the petition. The district attorney may file a response either in support of or in opposition to the petition. (2) Upon filing the petition, the court may order an examination as provided in ORS 137.767. If the court orders an examination and the petitioner is financially eligible for appointed counsel at state expense, the court may appoint counsel for the petitioner, as provided in ORS 135.050, if the court determines that there are substantial or complex issues involved and the petitioner appears incapable of self-representation. (3) The court shall review the petition and may hold a hearing on the petition. However, if the state opposes the petition, the court shall hold a hearing on the petition. In determining whether to amend the judgment, the court shall consider: (a) The nature of the crime for which the petitioner was sentenced to lifetime post-prison supervision; (b) The degree of violence involved in the crime; (c) The age of the victim; (d) The petitioner’s prior history of sexual assault; (e) Whether the petitioner continues to have psychopathic personality features or sexually deviant arousal patterns or interests; (f) Other criminal and relevant noncriminal behavior of the petitioner before and after conviction; (g) The period of time during which the petitioner has not reoffended; 16 Statutes Pertaining to the Practice of Psychology, 2023 Edition (h) Whether the petitioner has successfully completed a court-approved sex offender treatment program; and (i) Any other relevant factors. (4) If the court finds by clear and convincing evidence that the petitioner does not present a substantial probability of committing a crime listed in ORS 137.765 (3), the court shall amend the judgment and impose a lesser sentence. (5) The sentencing court retains authority to modify its judgment and sentence to reflect the results of a resentencing hearing ordered under this section. (6) Not less than five years after the denial of a petition under this section, a person sentenced under ORS 137.765 may petition again for a resentencing hearing under subsections (1) to (5) of this section. [1999 c.163 §7; 2001 c.962 §98] Note: See note under 137.765. 17 Statutes Pertaining to the Practice of Psychology, 2023 Edition INMATE RECORDS, ORS 179.495 – 179.509 179.495 Disclosure of written accounts of adult in custody; penalty. (1) Written accounts of the adults in custody of any Department of Corrections institution as defined in ORS 421.005, maintained in the institution by the officers or employees of the institution who are authorized to maintain written accounts within the official scope of their duties, are not subject to disclosure unless the disclosure is permitted or authorized by the Department of Corrections in compliance with ORS 179.505 (3), (4), (6), (7), (9), (11), (12), (14), (15), (16) or (17) or 179.508 or upon order of a court of competent jurisdiction. The restriction contained in this section does not apply to disclosure of written accounts made under ORS 179.505 (3) with the authorization of the individual or a personal representative of the individual. (2) Except as authorized under subsection (1) of this section, any person who discloses or any person who knowingly obtains information from a written account referred to in subsection (1) of this section commits a Class B violation. (3) As used in this section, “disclosure,” “personal representative” and “written account” have the meanings given those terms in ORS 179.505. [1955 c.452 §1; 1969 c.597 §44; 1973 c.736 §3; 1977 c.812 §5; 1987 c.320 §133; 1991 c.807 §2; 1999 c.1051 §165; 2003 c.14 §76; 2003 c.88 §1; 2005 c.498 §4; 2019 c.213 §52] 179.505 Disclosure of written accounts by health care services provider. (1) As used in this section: (a) “Disclosure” means the release of, transfer of, provision of access to or divulgence in any other manner of information outside the health care services provider holding the information. (b) “Health care services provider” means: (A) Medical personnel or other staff employed by or under contract with a public provider to provide health care or maintain written accounts of health care provided to individuals; or (B) Units, programs or services designated, operated or maintained by a public provider to provide health care or maintain written accounts of health care provided to individuals. (c) “Individually identifiable health information” means any health information that is: (A) Created or received by a health care services provider; and (B) Identifiable to an individual, including demographic information that identifies the individual, or for which there is a reasonable basis to believe the information can be used to identify an individual, and that relates to: (i) The past, present or future physical or mental health or condition of an individual; (ii) The provision of health care to an individual; or (iii) The past, present or future payment for the provision of health care to an individual. (d) “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 to make medical and health care decisions; (B) A person appointed as a health care representative under ORS 127.505 to 127.660 or a representative under ORS 127.700 to 127.737 to make health care decisions or mental health treatment decisions; and (C) A person appointed as a personal representative under ORS chapter 113. (e) “Psychotherapy notes” means notes recorded in any medium: (A) By a mental health professional, in the performance of the official duties of the mental health professional; (B) Documenting or analyzing the contents of conversation during a counseling session; and (C) That are maintained separately from the rest of the individual’s record. (f) “Psychotherapy notes” does not mean notes documenting: 18 Statutes Pertaining to the Practice of Psychology, 2023 Edition (A) Medication prescription and monitoring; (B) Counseling session start and stop times; (C) Modalities and frequencies of treatment furnished; (D) Results of clinical tests; or (E) Any summary of the following items: (i) Diagnosis; (ii) Functional status; (iii) Treatment plan; (iv) Symptoms; (v) Prognosis; or (vi) Progress to date. (g) “Public provider” means: (A) The Oregon State Hospital campuses; (B) Department of Corrections institutions as defined in ORS 421.005; (C) A contractor of the Department of Corrections or the Oregon Health Authority that provides health care to individuals residing in a state institution operated by the agencies; (D) A community mental health program or community developmental disabilities program as described in ORS 430.610 to 430.695 and the public and private entities with which it contracts to provide mental health or developmental disabilities programs or services; (E) A program or service provided under ORS 431.001 to 431.550 and 431.990; (F) A community mental health program or service established or maintained under ORS 430.630 or a community developmental disabilities program described in ORS 430.620 (1)(a) or (c); (G) A program or facility providing an organized full-day or part-day program of treatment that is licensed, approved, established, maintained or operated by or contracted with the Oregon Health Authority for alcoholism, drug addiction or mental or emotional disturbance; (H) A program or service providing treatment by appointment that is licensed, approved, established, maintained or operated by or contracted with the authority for alcoholism, drug addiction or mental or emotional disturbance; or (I) The impaired health professional program established under ORS 676.190. (h) “Written account” means records containing only individually identifiable health information. (2) Except as provided in subsections (3), (4), (6), (7), (8), (9), (11), (12), (14), (15), (16), (17) and (18) of this section or unless otherwise permitted or required by state or federal law or by order of the court, written accounts of the individuals served by any health care services provider maintained in or by the health care services provider by the officers or employees thereof who are authorized to maintain written accounts within the official scope of their duties are not subject to access and may not be disclosed. This subsection applies to written accounts maintained in or by facilities of the Department of Corrections only to the extent that the written accounts concern the medical, dental or psychiatric treatment as patients of those under the jurisdiction of the Department of Corrections. (3) If the individual or a personal representative of the individual provides an authorization, the content of any written account referred to in subsection (2) of this section must be disclosed accordingly, if the authorization is in writing and is signed and dated by the individual or the personal representative of the individual and sets forth with specificity the following: (a) Name of the health care services provider authorized to make the disclosure, except when the authorization is provided by recipients of or applicants for public assistance or medical assistance, as defined in ORS 414.025, to a governmental entity for purposes of determining eligibility for benefits or investigating for fraud; (b) Name or title of the persons or organizations to which the information is to be disclosed or that information may be disclosed to the public; (c) Name of the individual; 19 Statutes Pertaining to the Practice of Psychology, 2023 Edition (d) Extent or nature of the information to be disclosed; and (e) Statement that the authorization is subject to revocation at any time except to the extent that action has been taken in reliance thereon, and a specification of the date, event or condition upon which it expires without express revocation. However, a revocation of an authorization is not valid with respect to inspection or records necessary to validate expenditures by or on behalf of governmental entities. (4) The content of any written account referred to in subsection (2) of this section may be disclosed without an authorization: (a) To any person to the extent necessary to meet a medical emergency. (b) At the discretion of the responsible officer of the health care services provider, which in the case of any Oregon Health Authority facility or community mental health program is the Director of the Oregon Health Authority, to persons engaged in scientific research, program evaluation, peer review and fiscal audits. However, individual identities may not be disclosed to such persons, except when the disclosure is essential to the research, evaluation, review or audit and is consistent with state and federal law. (c) To governmental agencies when necessary to secure compensation for services rendered in the treatment of the individual. (5) When an individual’s identity is disclosed under subsection (4) of this section, a health care services provider shall prepare, and include in the permanent records of the health care services provider, a written statement indicating the reasons for the disclosure, the written accounts disclosed and the recipients of the disclosure. (6) The content of any written account referred to in subsection (2) of this section and held by a health care services provider currently engaged in the treatment of an individual may be disclosed to officers or employees of that provider, its agents or cooperating health care services providers who are currently acting within the official scope of their duties to evaluate treatment programs, to diagnose or treat or to assist in diagnosing or treating an individual when the written account is to be used in the course of diagnosing or treating the individual. Nothing in this subsection prevents the transfer of written accounts referred to in subsection (2) of this section among health care services providers, the Department of Corrections, the Oregon Health Authority or a local correctional facility when the transfer is necessary or beneficial to the treatment of an individual. (7) When an action, suit, claim, arbitration or proceeding is brought under ORS 34.105 to 34.240 or 34.310 to 34.730 and involves a claim of constitutionally inadequate medical care, diagnosis or treatment, or is brought under ORS 30.260 to 30.300 and involves the Department of Corrections or an institution operated by the department, nothing in this section prohibits the disclosure of any written account referred to in subsection (2) of this section to the Department of Justice, Oregon Department of Administrative Services, or their agents, upon request, or the subsequent disclosure to a court, administrative hearings officer, arbitrator or other administrative decision maker. (8)(a) When an action, suit, claim, arbitration or proceeding involves the Oregon Health Authority or an institution operated by the authority, nothing in this section prohibits the disclosure of any written account referred to in subsection (2) of this section to the Department of Justice, Oregon Department of Administrative Services, or their agents. (b) Disclosure of information in an action, suit, claim, nonlabor arbitration or proceeding is limited by the relevancy restrictions of ORS 40.010 to 40.585, 183.710 to 183.730, 183.745 and 183.750 and ORS chapter 183. Only written accounts of a plaintiff, claimant or petitioner shall be disclosed under this paragraph. (c) Disclosure of information as part of a labor arbitration or proceeding to support a personnel action taken against staff is limited to written accounts directly relating to alleged action or inaction by staff for which the personnel action was imposed. (9)(a) The copy of any written account referred to in subsection (2) of this section, upon written request of the individual or a personal representative of the individual, shall be disclosed to the individual 20 Statutes Pertaining to the Practice of Psychology, 2023 Edition or the personal representative of the individual within a reasonable time not to exceed five working days. The individual or the personal representative of the individual shall have the right to timely access to any written accounts. (b) If the disclosure of psychiatric or psychological information contained in the written account would constitute an immediate and grave detriment to the treatment of the individual, disclosure may be denied, if medically contraindicated by the treating physician or a licensed health care professional in the written account of the individual. (c) The Department of Corrections may withhold psychiatric or psychological information if: (A) The information relates to an individual other than the individual seeking it. (B) Disclosure of the information would constitute a danger to another individual. (C) Disclosure of the information would compromise the privacy of a confidential source. (d) However, a written statement of the denial under paragraph (c) of this subsection and the reasons therefor must be entered in the written account. (10) A health care services provider may require a person requesting disclosure of the contents of a written account under this section to reimburse the provider for the reasonable costs incurred in searching files, abstracting if requested and copying if requested. However, an individual or a personal representative of the individual may not be denied access to written accounts concerning the individual because of inability to pay. (11) A written account referred to in subsection (2) of this section may not be used to initiate or substantiate any criminal, civil, administrative, legislative or other proceedings conducted by federal, state or local authorities against the individual or to conduct any investigations of the individual. If the individual, as a party to an action, suit or other judicial proceeding, voluntarily produces evidence regarding an issue to which a written account referred to in subsection (2) of this section would be relevant, the contents of that written account may be disclosed for use in the proceeding. (12) Information obtained in the course of diagnosis, evaluation or treatment of an individual that, in the professional judgment of the health care services provider, indicates a clear and immediate danger to others or to society may be reported to the appropriate authority. A decision not to disclose information under this subsection does not subject the provider to any civil liability. Nothing in this subsection may be construed to alter the provisions of ORS 124.088, 146.750, 146.760, 419B.010, 419B.015, 419B.020, 419B.025, 419B.030, 419B.035, 419B.040, 419B.045, 430.738 or 441.674. (13) The prohibitions of this section apply to written accounts concerning any individual who has been treated by any health care services provider irrespective of whether or when the individual ceases to receive treatment. (14) Persons other than the individual or the personal representative of the individual who are granted access under this section to the contents of a written account referred to in subsection (2) of this section may not disclose the contents of the written account to any other person except in accordance with the provisions of this section. (15) Nothing in this section prevents the Department of Human Services or the Oregon Health Authority from disclosing the contents of written accounts in its possession to individuals or agencies with whom children in its custody are placed. (16) The system described in ORS 192.517 (1) shall have access to records, as defined in ORS 192.515, as provided in ORS 192.517. (17)(a) Except as provided in paragraph (b) of this subsection, a health care services provider must obtain an authorization from an individual or a personal representative of the individual to disclose psychotherapy notes. (b) A health care services provider may use or disclose psychotherapy notes without obtaining an authorization from the individual or a personal representative of the individual to carry out the following treatment, payment and health care operations: (A) Use by the originator of the psychotherapy notes for treatment; 21 Statutes Pertaining to the Practice of Psychology, 2023 Edition (B) Disclosure by the health care services provider for its own training program in which students, trainees or practitioners in mental health learn under supervision to practice or improve their skills in group, joint, family or individual counseling; or (C) Disclosure by the health care services provider to defend itself in a legal action or other proceeding brought by the individual or a personal representative of the individual. (c) An authorization for the disclosure of psychotherapy notes may not be combined with an authorization for a disclosure of any other individually identifiable health information, but may be combined with another authorization for a disclosure of psychotherapy notes. (18) A health care services provider may disclose information contained in a written account if the conditions of ORS 192.567 (1) to (5) or 192.577 are met. [1973 c.736 §2; 1977 c.812 §3; 1981 c.326 §2; 1985 c.219 §1; 1987 c.320 §134; 1987 c.322 §1; 1989 c.81 §1; 1991 c.175 §1; 1991 c.807 §1; 1993 c.262 §3; 1993 c.546 §101; 2001 c.900 §44; 2003 c.88 §2; 2005 c.498 §5; 2009 c.595 §145; 2009 c.697 §12; 2011 c.720 §65; 2013 c.36 §55; 2013 c.688 §24; 2015 c.318 §12; 2015 c.473 §4; 2015 c.736 §53; 2017 c.484 §3; 2021 c.192 §1; 2021 c.323 §4] 179.507 Enforcement of ORS 179.495 and 179.505; actions; venue; damages. (1) Any individual, a person appointed as a personal representative under ORS chapter 113 or the legal guardian of the individual may commence an action for equitable relief in the circuit court for the county in which the individual resides or in which the written accounts referred to in ORS 179.505 (2) are kept for the purpose of requiring compliance with ORS 179.495 and 179.505. In an action brought under this section, the court shall order payment of reasonable attorney fees at trial and on appeal and actual costs and disbursements to the prevailing party. (2) Any individual, a person appointed as a personal representative under ORS chapter 113 or the legal guardian of the individual may commence an action in the circuit court for the county in which the individual resides or in which the written accounts referred to in ORS 179.505 (2) are kept for damages for any violation of ORS 179.495 or 179.505 and to restrain future violations. If a violation of ORS 179.495 or 179.505 is proven, the person commencing the action shall recover actual damages or $500, whichever is greater. Upon a showing of an intentional violation of ORS 179.495 or 179.505, the individual may receive punitive damages. The prevailing party in an action brought under this subsection shall receive reasonable attorney fees at trial and on appeal and costs and disbursements actually incurred. [1977 c.812 §4; 1979 c.284 §120; 1981 c.897 §39; 2003 c.88 §3] 179.508 Disclosure of individually identifiable health information about adult in custody. (1) The Department of Corrections may disclose individually identifiable health information without obtaining an authorization from an adult in custody or a personal representative of the adult in custody if disclosure of the information is necessary for: (a) The provision of health care to the adult in custody; (b) The health and safety of the adult in custody or other adults in custody; (c) The health and safety of the officers or employees of or others at the Department of Corrections institution as defined in ORS 421.005 where the adult in custody is incarcerated; (d) The health and safety of the adult in custody or officers or other persons responsible for transporting or transferring adults in custody from one setting to another; (e) Law enforcement purposes on the premises of the correctional institution; or (f) The administration and maintenance of the safety, security and good order of the correctional institution. (2) As used in this section, “disclosure,” “individually identifiable health information” and “personal representative” have the meanings given those terms in ORS 179.505. [2003 c.88 §4; 2019 c.213 §53] 22 Statutes Pertaining to the Practice of Psychology, 2023 Edition Note: 179.508 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 179 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 179.509 Reports on deaths at institutions; compilation submitted to President and Speaker. (1) The superintendent of each state institution shall submit quarterly reports on the number of deaths, including the ages of the deceased, the causes of death and the disposition of the remains, within the institution to the Department of Corrections or the Oregon Health Authority, as the case may be, having jurisdiction over the institution. (2) The agencies shall compile the reports described in subsection (1) of this section and submit them quarterly to the offices of the President of the Senate and of the Speaker of the House of Representatives. [1985 c.207 §26; 1987 c.320 §135; 2001 c.900 §45; 2009 c.595 §146; 2013 c.36 §56]. 23 Statutes Pertaining to the Practice of Psychology, 2023 Edition RECORDS OF INDIVIDUAL WITH DISABILITY OR MENTAL ILLNESS, ORS 192.515 – 192.517 192.515 Definitions for ORS 192.515 and 192.517. As used in this section and ORS 179.505 and 192.517: (1) “Facilities” includes, but is not limited to, hospitals, nursing homes, facilities defined in ORS 430.205, board and care homes, homeless shelters, juvenile training schools, youth care centers, juvenile detention centers, jails and prisons. (2) “Individual” means: (a) An individual with a developmental disability as defined in the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 15002) as in effect on January 1, 2003; (b) An individual with mental illness as defined in the Protection and Advocacy for Mentally Ill Individuals Act (42 U.S.C. 10802) as in effect on January 1, 2003; or (c) An individual with disabilities as described in 29 U.S.C. 794e as in effect on January 1, 2006, other than: (A) An adult in custody in a facility operated by the Department of Corrections whose only disability is drug or alcohol addiction; and (B) A person confined in a youth correction facility, as that term is defined in ORS 420.005, whose only disability is drug or alcohol addiction. (3)(a) “Other legal representative” means a person who has been granted or retains legal authority to exercise an individual’s power to permit access to the individual’s records. (b) “Other legal representative” does not include a legal guardian, the state or a political subdivision of this state. (4) “Records” includes, but is not limited to, reports prepared or received by any staff of a facility rendering care or treatment, any medical examiner’s report, autopsy report or laboratory test report ordered by a medical examiner, reports prepared by an agency or staff person charged with investigating reports of incidents of abuse, neglect, injury or death occurring at the facility that describe such incidents and the steps taken to investigate the incidents and discharge planning records or any information to which the individual 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; 2019 c.213 §55] Note: 192.515 and 192.517 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 192 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 192.517 Access to records of individual with disability or individual with mental illness. (1) The system designated to protect and advocate for the rights of individuals shall have access to all records of: (a) Any individual who is a client of the system if the individual or the legal guardian or other legal representative of the individual has authorized the system to have such access; (b) Any individual, including an individual who has died or whose whereabouts are unknown: (A) If the individual by reason of the individual’s mental or physical condition or age is unable to authorize such access; (B) If the individual does not have a legal guardian or other legal representative, or the state or a political subdivision of this state is the legal guardian of the individual; and (C) If a complaint regarding the rights or safety of the individual has been received by the system or if, as a result of monitoring or other activities which result from a complaint or other evidence, there is probable cause to believe that the individual has been subject to abuse or neglect; and 24 Statutes Pertaining to the Practice of Psychology, 2023 Edition (c) Any individual who has a legal guardian or other legal representative, who is the subject of a complaint of abuse or neglect received by the system, or whose health and safety is believed with probable cause to be in serious and immediate jeopardy if the legal guardian or other legal representative: (A) Has been contacted by the system upon receipt of the name and address of the legal guardian or other legal representative; (B) Has been offered assistance by the system to resolve the situation; and (C) Has failed or refused to act on behalf of the individual. (2) The system shall have access to the name, address and telephone number of any legal guardian or other legal representative of an individual. (3) The system that obtains access to records under this section shall maintain the confidentiality of the records to the same extent as is required of the provider of the services, except as provided under the Protection and Advocacy for Mentally Ill Individuals Act (42 U.S.C. 10806) as in effect on January 1, 2003. (4) The system shall have reasonable access to facilities, including the residents and staff of the facilities. (5) This section is not intended to limit or overrule the provisions of ORS 41.675 or 441.055 (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] 25 Statutes Pertaining to the Practice of Psychology, 2023 Edition PROTECTED HEALTH INFORMATION, ORS 192.553 – 192.581 192.553 Policy for protected health information. (1) It is the policy of the State of Oregon that an individual has: (a) The right to have protected health information of the individual safeguarded from unlawful use or disclosure; and (b) The right to access and review protected health information of the individual. (2) In addition to the rights and obligations expressed in ORS 192.553 to 192.581, the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, establish additional rights and obligations regarding the use and disclosure of protected health information and the rights of individuals regarding the protected health information of the individual. [Formerly 192.518] Note: 192.553 to 192.581 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 192 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 192.556 Definitions for ORS 192.553 to 192.581. As used in ORS 192.553 to 192.581: (1) “Authorization” means a document written in plain language that contains at least the following: (a) A description of the information to be used or disclosed that identifies the information in a specific and meaningful way; (b) The name or other specific identification of the person or persons authorized to make the requested use or disclosure; (c) The name or other specific identification of the person or persons to whom the covered entity may make the requested use or disclosure; (d) A description of each purpose of the requested use or disclosure, including but not limited to a statement that the use or disclosure is at the request of the individual; (e) An expiration date or an expiration event that relates to the individual or the purpose of the use or disclosure; (f) The signature of the individual or personal representative of the individual and the date; (g) A description of the authority of the personal representative, if applicable; and (h) Statements adequate to place the individual on notice of the following: (A) The individual’s right to revoke the authorization in writing; (B) The exceptions to the right to revoke the authorization; (C) The ability or inability to condition treatment, payment, enrollment or eligibility for benefits on whether the individual signs the authorization; and (D) The potential for information disclosed pursuant to the authorization to be subject to redisclosure by 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 financial or administrative activities in connection with a 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; 26 Statutes Pertaining to the Practice of Psychology, 2023 Edition (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 limited to: (a) A psychologist, occupational therapist, regulated social worker, professional counselor or marriage and family therapist licensed or otherwise authorized to practice under ORS chapter 675 or an employee of the psychologist, occupational therapist, regulated social worker, professional counselor or marriage and family therapist; (b) A physician or physician assistant licensed under ORS chapter 677, an acupuncturist licensed under ORS 677.759 or an employee of the physician, physician assistant or acupuncturist; (c) A nurse or nursing home administrator licensed under ORS chapter 678 or an employee of the nurse or nursing home administrator; (d) A dentist licensed under ORS chapter 679 or an employee of the dentist; (e) A dental hygienist or denturist licensed under ORS chapter 680 or an employee of the dental hygienist or denturist; (f) A speech-language pathologist or audiologist licensed under ORS chapter 681 or an employee of the speech-language pathologist or audiologist; (g) An emergency medical services provider licensed under ORS chapter 682; (h) An optometrist licensed under ORS chapter 683 or an employee of the optometrist; (i) A chiropractic physician licensed under ORS chapter 684 or an employee of the chiropractic physician; (j) A naturopathic physician licensed under ORS chapter 685 or an employee of the naturopathic physician; (k) A massage therapist licensed under ORS 687.011 to 687.250 or an employee of the massage therapist; (L) A direct entry midwife licensed under ORS 687.405 to 687.495 or an employee of the direct entry midwife; (m) A physical therapist licensed under ORS 688.010 to 688.201 or an employee of the physical therapist; (n) A medical imaging licensee under ORS 688.405 to 688.605 or an employee of the medical imaging licensee; (o) A respiratory care practitioner licensed under ORS 688.815 or an employee of the respiratory care practitioner; (p) A polysomnographic technologist licensed under ORS 688.819 or an employee of the polysomnographic technologist; (q) A pharmacist licensed under ORS chapter 689 or an employee of the pharmacist; (r) A dietitian licensed under ORS 691.405 to 691.485 or an employee of the dietitian; (s) A funeral service practitioner licensed under ORS chapter 692 or an employee of the funeral service practitioner; (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; 27 Statutes Pertaining to the Practice of Psychology, 2023 Edition (x) A pharmacy as defined in ORS 689.005; and (y) Any other person or entity that furnishes, bills for or is paid for health care in the normal course of business. (6) “Health information” means any oral or written information in any form or medium that: (a) Is created or received by a covered entity, a public health authority, an employer, a life insurer, a school, a university or a health care provider that is not 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 duration of which does not exceed three months including renewals; (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 any form or medium that is: (a) Created or received by a covered entity, an employer or a health care provider that is not a covered entity; and (b) Identifiable to an individual, including demographic information that identifies the individual, or for which there is a reasonable basis to believe the information can be used to identify an individual, and that 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. (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 necessity; (f) Utilization review; and (g) Disclosures to consumer reporting agencies. (10) “Personal representative” includes but is not limited to: (a) A person appointed

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