Title 179 · ORS Chapter 179

192.515, as provided in ORS 192.517. �� (17)(a) Except as provided in paragraph (b) of this subsection, a health care services provider must obtain an authorization from an individual or a persona

Citation: ORS 192.515

Section: 192.515

192.515, as provided in ORS 192.517.

�� (17)(a) Except as provided in paragraph (b) of this subsection, a health care services provider must obtain an authorization from an individual or a personal representative of the individual to disclose psychotherapy notes.

�� (b) A health care services provider may use or disclose psychotherapy notes without obtaining an authorization from the individual or a personal representative of the individual to carry out the following treatment, payment and health care operations:

�� (A) Use by the originator of the psychotherapy notes for treatment;

�� (B) Disclosure by the health care services provider for its own training program in which students, trainees or practitioners in mental health learn under supervision to practice or improve their skills in group, joint, family or individual counseling; or

�� (C) Disclosure by the health care services provider to defend itself in a legal action or other proceeding brought by the individual or a personal representative of the individual.

�� (c) An authorization for the disclosure of psychotherapy notes may not be combined with an authorization for a disclosure of any other individually identifiable health information, but may be combined with another authorization for a disclosure of psychotherapy notes.

�� (18) A health care services provider may disclose information contained in a written account if the conditions of ORS 192.567 (1) to (5) or 192.577 are met. [1973 c.736 �2; 1977 c.812 �3; 1981 c.326 �2; 1985 c.219 �1; 1987 c.320 �134; 1987 c.322 �1; 1989 c.81 �1; 1991 c.175 �1; 1991 c.807 �1; 1993 c.262 �3; 1993 c.546 �101; 2001 c.900 �44; 2003 c.88 �2; 2005 c.498 �5; 2009 c.595 �145; 2009 c.697 �12; 2011 c.720 �65; 2013 c.36 �55; 2013 c.688 �24; 2015 c.318 �12; 2015 c.473 �4; 2015 c.736 �53; 2017 c.484 �3; 2021 c.192 �1; 2021 c.323 �4; 2025 c.60 �1]

�� 179.507 Enforcement of ORS 179.495 and 179.505; actions; venue; damages. (1) Any individual, a person appointed as a personal representative under ORS chapter 113 or the legal guardian of the individual may commence an action for equitable relief in the circuit court for the county in which the individual resides or in which the written accounts referred to in ORS 179.505 (2) are kept for the purpose of requiring compliance with ORS 179.495 and 179.505. In an action brought under this section, the court shall order payment of reasonable attorney fees at trial and on appeal and actual costs and disbursements to the prevailing party.

�� (2) Any individual, a person appointed as a personal representative under ORS chapter 113 or the legal guardian of the individual may commence an action in the circuit court for the county in which the individual resides or in which the written accounts referred to in ORS 179.505 (2) are kept for damages for any violation of ORS 179.495 or 179.505 and to restrain future violations. If a violation of ORS 179.495 or 179.505 is proven, the person commencing the action shall recover actual damages or $500, whichever is greater. Upon a showing of an intentional violation of ORS 179.495 or 179.505, the individual may receive punitive damages. The prevailing party in an action brought under this subsection shall receive reasonable attorney fees at trial and on appeal and costs and disbursements actually incurred. [1977 c.812 �4; 1979 c.284 �120; 1981 c.897 �39; 2003 c.88 �3]

�� 179.508 Disclosure of individually identifiable health information about adult in custody. (1) The Department of Corrections may disclose individually identifiable health information without obtaining an authorization from an adult in custody or a personal representative of the adult in custody if disclosure of the information is necessary for:

�� (a) The provision of health care to the adult in custody;

�� (b) The health and safety of the adult in custody or other adults in custody;

�� (c) The health and safety of the officers or employees of or others at the Department of Corrections institution as defined in ORS 421.005 where the adult in custody is incarcerated;

�� (d) The health and safety of the adult in custody or officers or other persons responsible for transporting or transferring adults in custody from one setting to another;

�� (e) Law enforcement purposes on the premises of the correctional institution; or

�� (f) The administration and maintenance of the safety, security and good order of the correctional institution.

�� (2) As used in this section, �disclosure,� �individually identifiable health information� and �personal representative� have the meanings given those terms in ORS 179.505. [2003 c.88 �4; 2019 c.213 �53]

�� Note: 179.508 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 179 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 179.509 Reports on deaths at institutions; compilation submitted to President and Speaker. (1) The superintendent of each state institution shall submit quarterly reports on the number of deaths, including the ages of the deceased, the causes of death and the disposition of the remains, within the institution to the Department of Corrections or the Oregon Health Authority, as the case may be, having jurisdiction over the institution.

�� (2) The agencies shall compile the reports described in subsection (1) of this section and submit them quarterly to the offices of the President of the Senate and of the Speaker of the House of Representatives. [1985 c.207 �26; 1987 c.320 �135; 2001 c.900 �45; 2009 c.595 �146; 2013 c.36 �56]

(Funds of Institution Residents)

�� 179.510 �Funds� defined; deposit of funds of institution residents with State Treasurer. (1) The superintendent or state agency that possesses or controls funds that are the property of the residents of such institutions or that have been deposited for their use or for expenditure in their behalf shall deposit such funds, as they are received, together with any such funds as heretofore have accumulated, with the State Treasurer as a trust account, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account.

�� (2) The word �funds� as used in ORS 179.510 to 179.530 shall include, but shall not be limited to, moneys deposited with the superintendents or state agencies for medical care or assistance of residents, moneys derived from athletic activities, contributions for athletic, health, or recreation projects, and any other moneys received by the superintendents or state agencies that are not required by law to be credited to other state funds or accounts. [Formerly 179.710; 1969 c.597 �46; 1979 c.683 �5; 1989 c.966 �3; 1991 c.271 �1]

�� 179.520 Authorization to receive funds of institution residents; separate accounts. The superintendent or state agencies are authorized to receive any of the funds referred to in ORS 179.510 to 179.530. The State Treasurer shall carry such funds in separate accounts for such institutions, or in a single account for all institutions operated by a single state agency, but shall not credit such funds or any part thereof to any state fund for governmental purposes. [Formerly 179.720; 1991 c.271 �2]

�� 179.530 Disbursements from accounts; accountability. Disbursements from the accounts for the purposes for which the contributions or payments were made, and for payment to persons lawfully entitled thereto, may be made by the superintendent of the institution by which the funds were deposited, or by the state agency having jurisdiction over the institution, by checks or orders drawn upon the State Treasurer. The superintendent or state agency shall be accountable for the proper handling of the account. [Formerly 179.730; 1991 c.271 �3]

�� 179.540 [Formerly 120.210; 1993 c.98 �11; repealed by 1997 c.87 �1]

�� 179.545 [Formerly 120.220; repealed by 1997 c.87 �1]

�� 179.550 [Formerly 120.230; repealed by 1997 c.87 �1]

OREGON STATE HOSPITAL ADVISORY BOARD

�� 179.560 Members; appointment; terms; meetings. (1) There is established in the Oregon Health Authority the Oregon State Hospital Advisory Board, consisting of 16 members. Two nonvoting members shall be from the Legislative Assembly, one appointed by the President of the Senate and one appointed by the Speaker of the House of Representatives. Fourteen members shall be appointed by the Governor and be subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565 and shall include the following:

�� (a) Two voting members who are individuals who advocate for or provide representation to individuals with mental illness;

�� (b) Two voting members who are health care professionals who have experience working with individuals with mental illness;

�� (c) Three voting members who are or have been consumers of mental health services, at least one of whom is a former patient of the Oregon State Hospital located in Salem, Marion County;

�� (d) Two voting members each of whom is a member of a family of a consumer of mental health services;

�� (e) Two voting members who are members of the general public; and

�� (f) Three nonvoting members who are members of a public employee bargaining unit and who are employed by the Oregon State Hospital located in Salem, Marion County, as follows:

�� (A) One individual to represent board-certified physicians;

�� (B) One individual to represent board-certified nursing staff; and

�� (C) One individual to represent direct care services staff.

�� (2) Members appointed by the Governor shall serve four-year terms, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member appointed by the Governor, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment.

�� (3) Members of the board appointed by the President of the Senate and the Speaker of the House of Representatives shall serve two-year terms.

�� (4) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term.

�� (5) The Governor shall select one of the voting members of the Oregon State Hospital Advisory Board as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the Governor determines.

�� (6) A majority of the voting members of the board constitutes a quorum for the transaction of business.

�� (7) The board shall meet at times and places specified by the call of the chairperson or of a majority of the members of the board.

�� (8) The Oregon Health Authority shall provide staff support to the board.

�� (9) A voting member of the board may not individually or in a fiduciary capacity have a financial interest in the Oregon State Hospital located in Salem, Marion County. [2009 c.704 �1; 2011 c.720 �66; 2023 c.92 �1]

�� Note: 179.560, 179.570 and 179.580 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 179 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 179.570 Powers and duties of board; report to legislature. The Oregon State Hospital Advisory Board established by ORS 179.560:

�� (1) Shall periodically conduct a comprehensive review of federal and state laws concerning, and administrative rules, policies, procedures and protocols of the Oregon State Hospital related to, the safety, security and care of patients;

�� (2) May make recommendations directly to the superintendent of the Oregon State Hospital, the Director of the Oregon Health Authority, the Legislative Assembly or interim committees of the Legislative Assembly concerning:

�� (a) Federal and state laws concerning, and administrative rules, policies, procedures and protocols of the hospital related to, the safety, security and care of patients;

�� (b) Performance measures related to the safety, security and care of patients;

�� (c) Goals for improvement in the safety, security and care of patients of the hospital and improvements that are under way; and

�� (d) Potential legislative proposals or budget packages related to the hospital; and

�� (3) Shall report annually to an appropriate committee of the Legislative Assembly regarding the activities of the board. [2009 c.704 �3; 2011 c.720 �67]

�� Note: See note under 179.560.

�� 179.580 Ad hoc committees. (1) The Oregon State Hospital Advisory Board may establish ad hoc committees to aid and advise the board in the performance of its functions. The chairperson of the board shall appoint the chairperson of each committee. Each committee shall include no more than one less than a quorum of the voting members of the board, and the remaining members of a committee may not be members of the board.

�� (2) Members of ad hoc committees are not entitled to compensation. [2009 c.704 �4; 2017 c.33 �1]

�� Note: See note under 179.560.

RESPONSIBILITY FOR COST OF CARE OF PERSONS IN STATE INSTITUTIONS

�� 179.610 Definitions for ORS 179.610 to 179.770. As used in ORS 179.610 to 179.770, unless the context requires otherwise:

�� (1) �Authorized representative� means an individual or entity appointed under authority of ORS chapter 125, as guardian or conservator of a person, who has the ability to control the person�s finances, and any other individual or entity holding funds or receiving benefits or income on behalf of any person.

�� (2) �Care� means all services rendered to a patient by the state institutions as described in ORS 179.321 or by the Eastern Oregon Training Center. These services include, but are not limited to, such items as medical care, room, board, administrative costs and other costs not otherwise excluded by law.

�� (3) �Decedent�s estate� has the meaning given �estate� in ORS 111.005.

�� (4) �Person,� �person in a state institution� or �person at a state institution,� or any similar phrase, means an individual who is or has been at a state institution described in ORS 179.321 or in the Eastern Oregon Training Center.

�� (5) �Personal estate� means all income and benefits as well as all assets, including all personal and real property of a living person, and includes assets held by the person�s authorized representative and all other assets held by any other individual or entity holding funds or receiving benefits or income on behalf of any person. [Subsections (1) and (2) enacted as 1959 c.652 �1; subsection (3) enacted as 1959 c.652 �3 (2); 1969 c.597 �43; 1971 c.411 �2; 1973 c.546 �1; 1973 c.806 �1; 1977 c.384 �4; 1989 c.348 �1; 1995 c.664 �89; 2001 c.487 �1; 2003 c.14 �77; 2009 c.595 �147; 2013 c.36 �57; 2016 c.42 �19]

�� 179.620 Liability of person or estate for cost of care. (1) A person and the personal estate of the person, or a decedent�s estate, is liable for the full cost of care. Full cost of care is established according to ORS 179.701.

�� (2) While the person is liable for the full cost of care, the maximum amount a person is required to pay toward the full cost of care shall be determined according to the person�s ability to pay. Ability to pay is determined as provided in ORS