Or. Admin. Code § 333-333-4640 - [Effective 1/1/2025] Video Recordings of Administration Sessions
(1) A
service center licensee may not install video recording equipment in client
administration areas. Service centers may make video and audio recordings of
administration, preparation and integration sessions using portable equipment
with the prior written consent of every client and facilitator who will be
recorded. Clients are prohibited from recording administration, preparation and
integration sessions using their own recording equipment. No person , including
clients, facilitators, licensee representatives or clients support persons, may
record an administration, preparation or integration session without obtaining
prior written consent as required by this rule.
(2) Service centers must make recordings made
under this rule available to the clients and facilitators who were recorded to
view upon request at the service center 's licensed premises . Service centers
must create and maintain records that documents when and to whom recordings are
made available. Service centers are prohibited from charging a fee to view
recordings.
(3) Service centers
must securely store recordings made under this rule and may not publish, share
or otherwise distribute, to any person , including persons recorded, without the
obtaining the prior written consent of every person recorded using the form
described in OAR 333-333-4810(3)
or as otherwise allowed under ORS
475A.450.
(4) Licensee representatives of a service
center may only access recordings made under this rule under the following
circumstances:
(a) To provide access to
clients and facilitators who have been recorded.
(b) With prior written consent described in
section (3) of this rule.
(c) To
provide access to the Oregon Health Authority (Authority ) or law enforcement
when required by ORS 475A.450 or these
rules.
(5) Service
centers must retain recordings made under this rule for a period of five years.
If a service center license is revoked, surrendered or expired the Authority
may address in an order the manner and condition under which recordings held by
the licensee must be maintained, destroyed or transferred to other
licensees.
(6) Clients and
facilitators may withdraw their written consent described in section (1) of
this rule at any time prior to beginning an administration session.
(7) Clients and facilitators may withdraw
their written consent described in section (3) of this rule at any
time.
(8) Recordings made under
this rule are not subject to OAR
333-333-4620 and OAR
333-333-4630, except that any video recordings of administration sessions in
the licensee 's possession must be provided to the Authority upon
request.
Notes
Statutory/Other
Statutes/Other Implemented: ORS 475A.235 & ORS 475A.305
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