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

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; 2019 c.213 �55]

����� 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.

����� 192.517 Access to records of individual with disability or individual with mental illness. (1) The system designated to protect and advocate for the rights of individuals shall have access to all records of:

����� (a) Any individual who is a client of the system if the individual or the legal guardian or other legal representative of the individual has authorized the system to have such access;

����� (b) Any individual, including an individual who has died or whose whereabouts are unknown:

����� (A) If the individual by reason of the individual�s mental or physical condition or age is unable to authorize such access;

����� (B) If the individual does not have a legal guardian or other legal representative, or the state or a political subdivision of this state is the legal guardian of the individual; and

����� (C) If a complaint regarding the rights or safety of the individual has been received by the system or if, as a result of monitoring or other activities which result from a complaint or other evidence, there is probable cause to believe that the individual has been subject to abuse or neglect; and

����� (c) Any individual who has a legal guardian or other legal representative, who is the subject of a complaint of abuse or neglect received by the system, or whose health and safety is believed with probable cause to be in serious and immediate jeopardy if the legal guardian or other legal representative:

����� (A) Has been contacted by the system upon receipt of the name and address of the legal guardian or other legal representative;

����� (B) Has been offered assistance by the system to resolve the situation; and

����� (C) Has failed or refused to act on behalf of the individual.

����� (2) The system shall have access to the name, address and telephone number of any legal guardian or other legal representative of an individual.

����� (3) The system that obtains access to records under this section shall maintain the confidentiality of the records to the same extent as is required of the provider of the services, except as provided under the Protection and Advocacy for Mentally Ill Individuals Act (42 U.S.C. 10806) as in effect on January 1, 2003.

����� (4) The system shall have reasonable access to facilities, including the residents and staff of the facilities.

����� (5) This section is not intended to limit or overrule the provisions of ORS 41.675 or 441.055 (7). [1993 c.262 �2; 1995 c.504 �2; 2003 c.14 �93; 2003 c.803 �8; 2005 c.498 �8; 2009 c.595 �165; 2009 c.792 �72]

����� Note: See note under 192.515.

����� 192.518 [2003 c.86 �1; renumbered 192.553 in 2011]

����� 192.519 [2003 c.86 �2; 2005 c.253 �1; 2009 c.442 �34; 2009 c.595 �166; 2009 c.833 �29; 2009 c.867 �39; 2011 c.703 �30; 2011 c.715 �17; renumbered 192.556 in 2011]

����� 192.520 [2003 c.86 �3; renumbered 192.558 in 2011]

����� 192.521 [2003 c.86 �4; 2007 c.812 �1; renumbered 192.563 in 2011]

����� 192.522 [2003 c.86 �5; renumbered 192.566 in 2011]

����� 192.523 [2003 c.86 �6; renumbered 192.568 in 2011]

����� 192.524 [2003 c.86 �7; renumbered 192.571 in 2011]

����� 192.525 [1977 c.812 �1; 1997 c.635 �1; 1999 c.537 �2; 2001 c.104 �67; repealed by 2003 c.86 �8]

����� 192.526 [2005 c.253 �3; renumbered 192.573 in 2011]

����� 192.527 [2007 c.798 �2; 2009 c.595 �167; repealed by 2010 c.16 �1]

����� 192.528 [2007 c.798 �3; repealed by 2010 c.16 �1]

����� 192.529 [2007 c.800 �5; renumbered 192.581 in 2011]

����� 192.530 [1977 c.812 �2; 1995 c.79 �71; repealed by 2003 c.86 �8]

GENETIC PRIVACY

����� 192.531 Definitions for ORS 192.531 to 192.549. As used in ORS 192.531 to 192.549:

����� (1) �Anonymous research� means scientific or medical genetic research conducted in such a manner that any DNA sample or genetic information used in the research is unidentified.

����� (2) �Blanket informed consent� means that the individual has consented to the use of the individual�s DNA sample or health information for any future research, but has not been provided with a description of or consented to the use of the sample in genetic research or any specific genetic research project.

����� (3) �Blood relative� means a person who is:

����� (a) Related by blood to an individual; and

����� (b) A parent, sibling, son, daughter, grandparent, grandchild, aunt, uncle, first cousin, niece or nephew of the individual.

����� (4) �Clinical� means relating to or obtained through the actual observation, diagnosis or treatment of patients and not through research.

����� (5) �Coded� means identifiable only through the use of a system of encryption that links a DNA sample or genetic information to an individual or the individual�s blood relative. A coded DNA sample or genetic information is supplied by a repository to an investigator with a system of encryption.

����� (6) �Deidentified� means lacking, or having had removed, the identifiers or system of encryption that would make it possible for a person to link a DNA sample or genetic information to an individual or the individual�s blood relative, and neither the investigator nor the repository can reconstruct the identity of the individual from whom the sample or information was obtained. Deidentified DNA samples and genetic information must meet the standards provided in 45 C.F.R.