Oregon Statutes - Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture - Section 677.655 - Confidentiality of records and information; effect of successful completion of program.

(1) All records of the Diversion Program Supervisory Council are confidential and shall not be subject to public disclosure, nor shall the records be admissible as evidence in any judicial, administrative, arbitration or mediation proceeding except proceedings between the licensee or applicant and the Oregon Medical Board.

(2) The members, employees, contractors and past or present clients of the council shall not be subject to the disclosure requirements in ORS 677.415, nor shall they disclose information or be examined regarding any participant in the program.

(3) Any licensee who in good faith voluntarily participates in an approved diversion program and successfully completes the program shall not be subject to disciplinary investigation or sanctions unless the licensee is suspected of a violation of this chapter, other than ORS 677.190 (1)(a), by the manner of obtaining or self-administration of intoxicants, drugs or controlled substances or a violation of ORS 677.190 (7) or (24). [1989 c.705 §5; 1997 c.792 §28]

Note: The amendments to 677.655 by section 5, chapter 796, Oregon Laws 2007, take effect January 1, 2009. See section 9, chapter 796, Oregon Laws 2007. The text that is effective on and after January 1, 2009, is set forth for the userís convenience.

677.655. (1) All records and meetings of the Health Professionals Program Supervisory Council are confidential and shall not be subject to public disclosure, nor shall the records be admissible as evidence in any judicial, administrative, arbitration or mediation proceeding except proceedings between the licensee or applicant and the Oregon Medical Board. Case reviews, deliberations and communications regarding any participant in the program are exempt from the provisions of ORS 192.610 to 192.690.

(2) The members, employees, contractors and past or present clients of the council shall not be subject to the disclosure requirements in ORS 677.415.

(3) Any licensee who in good faith voluntarily participates in an approved diversion program and successfully completes the program shall not be subject to disciplinary investigation or sanctions unless the licensee is suspected of a violation described in ORS 677.190, except for ORS 677.190 (1)(a), by the manner of obtaining or self-administration of intoxicants, drugs or controlled substances or a violation described in ORS 677.190 (7), (13), (20) or (24).

(4) Except as otherwise provided in ORS 677.615 to 677.677, disclosures of client records, including but not limited to mental health records, by members, employees, contractors and past or present clients of the council are subject to 42 C.F.R. part 2, sections 2.1 through 2.67. For the purposes of this subsection, medical health records and communications regarding mental health treatment shall be treated with the same confidentiality protections as alcohol and drug abuse patient records under 42 C.F.R. part 2, sections 2.1 through 2.67.

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Last modified: August 7, 2008