(1) Notwithstanding ORS 192.410 to 192.505, the Department of Human Services, the local public health administrator, all officers and employees thereof and all persons to whom disclosures are made under this subsection or subsection (2) of this section shall not disclose the name or address of, or otherwise disclose the identity of, any person reported under ORS 433.004 except to officers or employees of federal, state or local government public health agencies as may be necessary for the administration or enforcement of public health laws or rules.
(2) If the department or local public health administrator has determined that a reported person’s disease or condition is in a contagious state and that the person is violating the rules of the department pertaining to control of that disease, it may disclose that person’s name and address to persons other than those stated in subsection (1) of this section if clear and convincing evidence in the particular instance requires disclosure to avoid a clear and immediate danger to other individuals or to the public generally. A decision not to disclose information under this subsection, if made in good faith, shall not subject the entity or person withholding the information to any liability.
(3) Except where required in connection with the administration or enforcement of public health laws or rules, no public health official or employee shall be examined in an administrative or judicial proceeding as to the existence or contents of a report under ORS 433.004 or any record thereof.
(4) The disclosures and examination prohibited by this section may otherwise be authorized by the specific written consent of the person who is the subject of the report or the authorized representative of the person. [1987 c.600 §5]
Section: Previous 433.001 433.003 433.004 433.005 433.006 433.008 433.009 433.010 433.012 433.015 433.017 433.019 433.020 433.022 433.025 NextLast modified: August 7, 2008