or upon order of a court of competent jurisdiction. The restriction

179.508 or upon order of a court of competent jurisdiction. The restriction contained in this section does not apply to disclosure of written accounts made under ORS 179.505 (3) with the authorization of the individual or a personal representative of the individual.

����� (2) Except as authorized under subsection (1) of this section, any person who discloses or any person who knowingly obtains information from a written account referred to in subsection (1) of this section commits a Class B violation.

����� (3) As used in this section, �disclosure,� �personal representative� and �written account� have the meanings given those terms in ORS 179.505. [1955 c.452 �1; 1969 c.597 �44; 1973 c.736 �3; 1977 c.812 �5; 1987 c.320 �133; 1991 c.807 �2; 1999 c.1051 �165; 2003 c.14 �76; 2003 c.88 �1; 2005 c.498 �4; 2019 c.213 �52]

����� 179.500 [Repealed by 1969 c.597 �281]

����� 179.505 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 the individual provides an authorization, the content of any written account referred to in subsection (2) of this section must be disclosed accordingly, if the authorization is in writing and is signed and dated by the individual or the personal representative of the individual and sets forth with specificity the following:

����� (a) Name of the health care services provider authorized to make the disclosure, except when the authorization is provided by recipients of or applicants for public assistance or medical assistance, as defined in ORS 414.025, to a governmental entity for purposes of determining eligibility for benefits or investigating for fraud;

����� (b) Name or title of the persons or organizations to which the information is to be disclosed or that information may be disclosed to the public;

����� (c) Name of the individual;

����� (d) Extent or nature of the information to be disclosed; and

����� (e) Statement that the authorization is subject to revocation at any time except to the extent that action has been taken in reliance thereon, and a specification of the date, event or condition upon which it expires without express revocation. However, a revocation of an authorization is not valid with respect to inspection or records necessary to validate expenditures by or on behalf of governmental entities.

����� (4) The content of any written account referred to in subsection (2) of this section may be disclosed without an authorization:

����� (a) To any person to the extent necessary to meet a medical emergency.

����� (b) At the discretion of the responsible officer of the health care services provider, which in the case of any Oregon Health Authority facility or community mental health program is the Director of the Oregon Health Authority, to persons engaged in scientific research, program evaluation, peer review and fiscal audits. However, individual identities may not be disclosed to such persons, except when the disclosure is essential to the research, evaluation, review or audit and is consistent with state and federal law.

����� (c) To governmental agencies when necessary to secure compensation for services rendered in the treatment of the individual.

����� (d) To the Psychiatric Security Review Board, for an individual who is presently under the jurisdiction of the board and conditionally released to the Department of Corrections, as provided in ORS 161.336 and in the manner described in the conditional release order.

����� (5) When an individual�s identity is disclosed under subsection (4) of this section, a health care services provider shall prepare, and include in the permanent records of the health care services provider, a written statement indicating the reasons for the disclosure, the written accounts disclosed and the recipients of the disclosure.

����� (6) The content of any written account referred to in subsection (2) of this section and held by a health care services provider currently engaged in the treatment of an individual may be disclosed to officers or employees of that provider, its agents or cooperating health care services providers who are currently acting within the official scope of their duties to evaluate treatment programs, to diagnose or treat or to assist in diagnosing or treating an individual when the written account is to be used in the course of diagnosing or treating the individual. Nothing in this subsection prevents the transfer of written accounts referred to in subsection (2) of this section among health care services providers, the Department of Corrections, the Oregon Health Authority or a local correctional facility when the transfer is necessary or beneficial to the treatment of an individual.

����� (7) When an action, suit, claim, arbitration or proceeding is brought under ORS 34.105 to