Continuing Education & Resources for Mental Health Professionals

Other States Legal Information

Oregon
Selected Statutes & Regulations
Affecting Patient Confidentiality

[Note:  This information was provided for training purposes
and is not a substitute for knowing
all of the laws regulating the practice of one’s profession.]


A. LEGAL PROTECTIONS OF CONFIDENTIALITY

 I. Non-Disclosure Laws & Regulations

109.675 – Minor 14 or over may obtain mental health treatment without parental knowledge
675.070 (2)(d)- Board sanctions for practicing outside profession’s standards (psychologists)
675.390 – Confidentiality of communication by clients (to sex offender therapists)
675.745(1)(e) – Grounds for denial, suspension or revocation of license (LPCs & Therapists)
675.765 – Confidentiality of information (LPCs & Therapists)
675.785 – Code of Ethics = Adopted by Oregon Board of LPCs and MFTs
676.150 – Prohibited Conduct:  Def = Conduct Outside Ethical Standards of Licensees Profession
677.190 – Grounds for suspending, revoking, or refusing license (Physicians)
AR 833-100-0051 – Confidentiality to be maintained (Board of LPCs and MFTs)  
AR 858-010-0075 – Code of Conduct = APA Code of Ethics Applies (Board of Psychology)

II. Privilege Laws

40.230 – Rule 504. Psychotherapist-patient privilege
40.245 – Rule 504-3. School employee-student privilege
40.250 – Rule 504-4. Regulated social worker-client privilege
40.262 – Rule 507. Counselor-client privilege
40.265 – Rule 508a. Stenographer-employer privilege
40.272 – Rule 509-1. Sign language interpreter privilege
40.273 – Rule 509-2. Non-English-speaking person-interpreter privilege
40.285 – Rule 512. Information disclosed under compulsion or w/o opportunity to claim privilege


B. POTENTIAL LEGAL LIMITATIONS OF CONFIDENTIALITY

 I. Laws Requiring Providers to Disclose Confidential Information

40.245 (2) – School employee shall report if student presents danger to self or to others
419B.010 – Duty to report child abuse; exceptions; penalty
430.765 – Duty to report [adult] abuse; exceptions for privileged communications
675.145 – Duty to report prohibited conduct by health care provider (psychologists)
675.583 – Duty to report evidence of impairment or prohibited conduct (social workers)
675.815 – Duty to report prohibited conduct (LPCs; MFTs)
676.150 – Duty to report prohibited or unprofessional conduct (all health care professions)

II. Laws Permitting Release of Information Without Client/Patient Consent

107.154 – Both parents have equal rights to consult with provider and obtain records
109.680 – Disclosure to parents permistted without minor’s consent in certain circumstances
675.765 – Exceptions to confidentiality of information (LPCs & Therapists)
675.390 – Exceptions to confidentiality of communication by clients (sex offender therapists)

III. Exceptions to Privileged Communications

40.230 – Rule 504. Psychotherapist-patient privilege does not apply:
(1) communication was made during court-ordered evaluation of mental/emotional condition
(2) communication was relevant to an issue of the patient’s mental or emotional condition
a. if patient relies upon the condition as an element of his/her claim or defense; or
b. after patient’s death in which any party relies upon the condition in a claim or defense
(3) communication was made in exam. ordered under Oregon Rules of Civil Procedure 44
(4) use of the communication is allowed under specific laws re: commitment hearings

40.245 – Rule 504-3. School employee-student privilege does not apply:
If student’s condition presents a clear and imminent danger to the student or to others

40.250 Rule 504-4. Regulated social worker-client privilege does not apply if:
(1) client or  person legally responsible for client gives consent to the disclosure;
(2) client initiates legal action or makes a complaint against the regulated social worker;
(3) communication reveals clear intent to commit a crime expected to result in injury;
(4) communication reveals that a minor was the victim of a crime, abuse or neglect; or
(5) the social worker is a public employee doing examination in a civil or criminal court case

40.252Rule 504.5.  Communications revealing intent to commit certain crimes
 (1) No privilege exists under 40.230 or 40.250 if:
a. Declarant has clear and serious intent to commit a crime involving physical injury  
that threatens any person’s physical safety, sexual abuse or death, or  
involves an act of aggravated animal abuse per ORS 167.322; and
b. Declarant poses a danger of committing the crime;
(2) However, this does not create a duty to report any communication to any person; and
(3) This statute does not create a liability to any person who discloses or fails to disclose.

40.262 Rule 507. Counselor-client privilege does not apply:
 (1) if client or those legally responsible for the client give consent to the disclosure.
(2) when both parties to a marriage who obtained marriage/family therapy give consent
(3) when client initiates legal action or makes a complaint against the licensed professional
(4) when the communication reveals the intent to commit a crime or harmful act; or
(5) when communication reveals minor to be or suspected to be victim of crime/abuse/neglect


IV. Other Laws Allowing  Access to Information Without Client/Patient Consent
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C.  LEGAL REQUIREMENTS RE:
INFORMING PROSPECTIVE CLIENTS/PATIENTS
ABOUT LIMITS OF CONFIDENTIALITY

AR 833-090-0040 – Technology and Informed Consent (Board of LPCs & MFTs)
AR 858-010-0075 – APA Code of Ethics Applies (Board of Psychology Examiners)


D.  LEGAL REQUIREMENTS RELEVANT TO
STAFF TRAINING ABOUT CONFIDENTIALITY

675.765 – Confidentiality of information (by licensees and their employees)
AR 833-100-0051(3) – Employees of LPC/MFT shall not disclose communication by a client
AR 858-010-0060(2) – Plan to maintain record confidentiality – Psychologist death or incapacity

[Note:  This information was provided for training purposes
and is not a substitute for knowing
all of the laws regulating the practice of one’s profession.]

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