Oregon Revised Statutes Chapter 179 § 179.505 — Disclosure of written accounts by health care services provider

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: (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 t