Or. Admin. Code § 582-030-0040 - Exceptions to Written Consent Requirements

(1) The following reporting and response to investigations are required:

(a) The Program employees shall report to the appropriate authorities abuse of individuals age 65 and over, (see ORS 124.060), under the age of 18, (see ORS 419B.010), individuals 18 age or over with developmental disabilities or mental illness, (see ORS 430.765), and residents of long-term care facilities, (see ORS 441.640);

(b) The Program shall release the individual's information if required by federal law or in response to investigations in connection with law enforcement, fraud or abuse (unless expressly prohibited by federal or state laws or regulations) or in response to an order issued by a judge, magistrate or other authorized judicial officer.

(2) Response to Child Support Enforcement. An individual authorized under federal law may access information for the Federal Parent Locator Service under ORS 25.265.

(3) The Program may release an individual's information to protect the individual or others when the individual poses a threat to his or her safety or to the safety of others.

(4) For deceased Individuals:

(a) Vital Statistics. These rules do not restrict the disclosure of the Program identifying information relating to the death of an individual under laws requiring the collection of vital statistics or permitting inquiry into the cause of death;

(b) Consent by Personal Representative. Other requirements of these rules notwithstanding, if written consent to disclosure is required, that consent may be given by an executor, administrator or other personal representative appointed under applicable state law. If there is no such appointment, consent may be given by the spouse or other responsible member of the individual's family.

(5) Participation in State Agency Information Exchange: The Program shall participate in the State Shared Information System (SIS) or Performance Reporting Information System (PRISM), and Department information sharing to the extent allowed by and consistent with state and federal law and regulations.

(6) The Program may disclose the minimum information necessary for purposes directly connected with the administration of vocational rehabilitation; federal Rehabilitation Services Administration; or other state or federal agencies with regulatory authority over the Program or administrative responsibilities necessary for Program services.

Notes

Or. Admin. Code § 582-030-0040

VRD 4-1991, f. & cert. ef. 12-13-91; VRD 2-1993, f. & cert. ef. 9-15-93; VRS 3-2004, f. & cert. ef. 3-12-04; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11; VRS 1-2019, amend filed 04/05/2019, effective 4/15/2019

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 344.530 & 344.570

Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730