ORS § 676.590

Current through 2024 Regular Session legislation effective April 17, 2024
Section 676.590 - Disclosure of investigatory information, records
(1) Information obtained by the Health Licensing Office as part of an investigation conducted under the following laws and any reports issued by an investigator are exempt from public disclosure:
(a) ORS 676.630 to 676.660, 676.665 to 676.689, 676.695 to 676.725, 676.730 to 676.748, 676.750 to 676.789, 681.700 to 681.730, 681.740 to 681.758, 690.005 to 690.225, 690.350 to 690.410 or 694.015 to 694.170.
(b) ORS 676.560 to 676.625 if the investigation is related to the regulation of:
(A) Advanced nonablative esthetics under ORS 676.630 to 676.660;
(B) Lactation consultation under ORS 676.665 to 676.689;
(C) Music therapy under ORS 681.700 to 681.730;
(D) Art therapy under ORS 681.740 to 681.758;
(E) Barbering, hair design, esthetics, nail technology or natural hair care under ORS 690.005 to 690.225;
(F) Electrologists and body art practitioners under ORS 690.350 to 690.410;
(G) Dealing in hearing aids under ORS 694.015 to 694.170;
(H) Genetic counseling under ORS 676.730 to 676.748;
(I) Signed language interpretation under ORS 676.750 to 676.789; or
(J) Temporary staffing agencies under ORS 676.695 to 676.725.
(2) The office shall disclose information obtained as part of an investigation described in subsection (1) of this section to a person who demonstrates by clear and convincing evidence that the public interest in disclosure outweighs other interests in nondisclosure, including the public interest in nondisclosure.
(3) A complaint that forms the basis for an investigation described in subsection (1) of this section shall not be considered information obtained as part of an investigation and is not exempt from public disclosure.
(4) Upon request, the office shall disclose to a person against whom disciplinary action is sought any information obtained as part of an investigation described in subsection (1) of this section, if the information is not otherwise privileged or confidential under state or federal law.

ORS 676.590

Amended by 2023 Ch. 414,, eff. 7/27/2023, op. 1/1/2024.
Amended by 2022 Ch. 92, § 11, eff. 3/24/2022, op. 7/1/2023.
Amended by 2021 Ch. 231, § 10, eff. 9/25/2021, op 1/1/2022.
Formerly 676.609