Disclosure of health information; rules

(1) As used in this section: (a) “Client” means an individual whom the Psychiatric Security Review Board has or previously had jurisdiction over pursuant to ORS 161.315 to 161.351. (b) “Individually identifiable health information” has the meaning given that term in ORS 179.505. (c) “Personal representative” means a person or entity who has the legal authority to make decisions for the client or to communicate the client’s decisions to the board, including but not limited to a guardian, a parent of an unemancipated minor or the client’s attorney. (2) A client’s individually identifiable health information is exempt from disclosure under ORS 192.311 to 192.478 and shall not be disclosed or used except as authorized or permitted by the board as follows: (a) To exercise, implement or discharge its statutory obligations; (b) To report to the National Instant Criminal Background Check System the identity of a client who is prohibited from possessing a firearm under 18 U.S.C. 922(g)(4); (c) As required by judicial or administrative proceedings; (d) As required for law enforcement purposes; (e) In emergency circumstances; or (f) For specific purposes related to a deceased client. (3) The board shall adopt rules specifying the circumstances when individually identifiable health information can be used or disclosed pursuant to subsection (2) of this section. (4) An individual requesting records under this section is subject to the provisions of ORS 192.311 to 192.478, except that a client or a client’s personal representative may not be denied access to the client’s individually identifiable health information due to nonpayment. (5) Individuals other than the client or the client’s personal representative who are granted access under this section to the client’s individually identifiable health information may not disclose the contents of that information to any other individual except in accordance with the provisions of this section.