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 inmate 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]
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.Section: Previous 192.495 192.496 192.500 192.501 192.502 192.503 192.505 192.515 192.517 192.518 192.519 192.520 192.521 192.522 192.523 Next
Last modified: August 7, 2008