Bill Text: OR SB470 | 2013 | Regular Session | Enrolled
Bill Title: Relating to the prescription monitoring program administered by the Oregon Health Authority.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-07-03 - Effective date, January 1, 2014. [SB470 Detail]
Download: Oregon-2013-SB470-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 470
Sponsored by Senators KRUSE, MONNES ANDERSON; Senator BATES
CHAPTER ................
AN ACT
Relating to the prescription monitoring program administered by
the Oregon Health Authority; creating new provisions; and
amending ORS 192.502, 431.960, 431.962, 431.964 and 431.966.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 431.960 is amended to read:
431.960. As used in ORS 431.962 to 431.978 and 431.992:
(1) 'Dispense' and 'dispensing' have the meanings given those
terms in ORS 689.005.
(2) 'Drug outlet' has the meaning given that term in ORS
689.005.
(3) 'Health professional regulatory board' has the meaning
given that term in ORS 676.160.
{ - (4) 'Practitioner' has the meaning given that term in ORS
689.005. - }
{ + (4) 'Practitioner' means:
(a) A practitioner as defined in ORS 689.005; or
(b) An individual licensed to practice a profession in
California, Idaho or Washington, if the requirements for
licensure are similar, as determined by the Oregon Health
Authority, to the requirements for being licensed as a
practitioner as defined in ORS 689.005. + }
(5) 'Prescription' has the meaning given that term in ORS
475.005.
(6) 'Prescription drug' has the meaning given that term in ORS
689.005.
SECTION 2. ORS 431.962 is amended to read:
431.962. (1)(a) The Oregon Health Authority, in consultation
with the Prescription Monitoring Program Advisory Commission,
shall establish and maintain a prescription monitoring program
for monitoring and reporting prescription drugs dispensed by
pharmacies in Oregon that are classified in schedules II through
IV under the federal Controlled Substances Act, 21 U.S.C. 811 and
812, as modified { + by the State Board of Pharmacy by rule + }
under ORS 475.035.
(b)(A) To fulfill the requirements of this subsection, the
authority shall establish, maintain and operate an electronic
system to monitor and report drugs described in paragraph (a) of
this subsection that are dispensed by prescription.
(B) The system must operate and be accessible by practitioners
and pharmacies 24 hours a day, seven days a week.
Enrolled Senate Bill 470 (SB 470-B) Page 1
(C) The authority may contract with a state agency or private
entity to ensure the effective operation of the electronic
system.
(2) In consultation with the commission, the authority shall
adopt rules for the operation of the electronic prescription
monitoring program established under subsection (1) of this
section, including but not limited to standards for:
(a) Reporting data;
(b) Providing maintenance, security and disclosure of data;
(c) Ensuring accuracy and completeness of data;
(d) Complying with the federal Health Insurance Portability and
Accountability Act of 1996 (P.L. 104-191) and regulations adopted
under it, including 45 C.F.R. parts 160 and 164, federal alcohol
and drug treatment confidentiality laws and regulations adopted
under those laws, including 42 C.F.R. part 2, and state health
and mental health confidentiality laws, including ORS 179.505,
192.517 and 192.553 to 192.581;
(e) Ensuring accurate identification of persons or entities
requesting information from the database;
(f) Accepting printed or nonelectronic reports from pharmacies
that do not have the capability to provide electronic reports;
and
(g) Notifying a patient, before or when a drug classified in
schedules II through IV is dispensed to the patient, about the
prescription monitoring program and the entry of the prescription
in the system.
(3) The authority shall submit an annual report to the
commission regarding the prescription monitoring program
established under this section.
SECTION 3. ORS 431.964 is amended to read:
431.964. (1) Not later than one week after dispensing a
prescription drug { + that is + } subject to the prescription
monitoring program established under ORS 431.962, a pharmacy
shall electronically report to the Oregon Health Authority
{ - the - } :
{ - (a) Name, address and date of birth of the patient; - }
{ - (b) Identification of the pharmacy dispensing the
prescription drug; - }
{ - (c) Identification of the practitioner who prescribed the
drug; - }
{ - (d) Identification of the prescription drug by a national
drug code number; - }
{ - (e) Date of origin of the prescription; - }
{ - (f) Date the drug was dispensed; and - }
{ - (g) Quantity of drug dispensed. - }
{ + (a) The name, address, date of birth and sex of the
patient for whom the prescription drug was prescribed;
(b) The identity of the pharmacy that dispensed the
prescription drug and the date on which the prescription drug was
dispensed;
(c) The identity of the practitioner who prescribed the
prescription drug and the date on which the prescription drug was
prescribed;
(d) The national drug code number for the prescription drug;
(e) The prescription number assigned to the prescription drug;
(f) The quantity of the prescription drug dispensed;
(g) The number of days for which the prescription drug was
dispensed; and
Enrolled Senate Bill 470 (SB 470-B) Page 2
(h) The number of refills of the prescription authorized by the
practitioner and the number of the refill that the pharmacy
dispensed. + }
(2) Notwithstanding subsection (1) of this section, the
authority may not:
(a) Require the reporting of prescription drugs administered
directly to a patient or dispensed pursuant to ORS 127.800 to
127.897; { - or - }
(b) Collect or use Social Security numbers in the prescription
monitoring program { - . - } { + ; or
(c) Disclose under ORS 431.966 (2)(a) the sex of the patient
for whom a drug was prescribed. The sex of the patient may be
disclosed only for the purpose of research or epidemiological
study under ORS 431.966 (2)(b). + }
(3) Upon receipt of the data reported pursuant to subsection
(1) of this section, the authority shall record the data in the
electronic system operated pursuant to the prescription
monitoring program.
(4)(a) The authority may grant a pharmacy a waiver of the
electronic submission requirement of subsection (1) of this
section for good cause as determined by the authority. The waiver
shall state the format, method and frequency of the alternate
nonelectronic submissions from the pharmacy and the duration of
the waiver.
(b) As used in this subsection, 'good cause' includes financial
hardship.
(5) This section does not apply to pharmacies in institutions
as defined in ORS 179.010.
SECTION 4. ORS 431.966 is amended to read:
431.966. (1)(a) Except as provided under subsection (2) of this
section, prescription monitoring information submitted under ORS
431.964 to the prescription monitoring program established in ORS
431.962:
(A) Is protected health information under ORS 192.553 to
192.581.
(B) Is not subject to disclosure pursuant to ORS 192.410 to
192.505.
(b) Except as provided under subsection { - (2)(a)(D) - }
{ + (2)(a)(E) + } of this section, prescription monitoring
information submitted under ORS 431.964 to the prescription
monitoring program may not be used to evaluate a practitioner's
professional practice.
(2)(a) { + To the extent that the law or regulation is
applicable to the prescription monitoring program, + } if a
disclosure of prescription monitoring information { + , other
than the sex of a patient for whom a drug was prescribed, + }
complies with the federal Health Insurance Portability and
Accountability Act of 1996 (P.L. 104-191) and regulations
adopted under it, including 45 C.F.R. parts 160 and 164, federal
alcohol and drug treatment confidentiality laws and regulations
adopted under those laws, including 42 C.F.R. part 2, and state
health and mental health confidentiality laws, including ORS
179.505, 192.517 and 192.553 to 192.581, the Oregon Health
Authority shall disclose the information:
(A) { - To a practitioner or pharmacist who certifies - }
{ + To a practitioner or pharmacist, or, if a practitioner or
pharmacist authorizes the authority to disclose the information
to a member of the practitioner's or pharmacist's staff, to a
member of the practitioner's or pharmacist's staff. If a
practitioner or pharmacist authorizes disclosing the information
Enrolled Senate Bill 470 (SB 470-B) Page 3
to a member of the practitioner's or pharmacist's staff under
this subparagraph, the practitioner or pharmacist remains
responsible for the use or misuse of the information by the staff
member. To receive information under this subparagraph, or to
authorize the receipt of information by a staff member under this
subparagraph, a practitioner or pharmacist must certify + }that
the requested information is for the purpose of evaluating the
need for or providing medical or pharmaceutical treatment for a
patient to whom the practitioner or pharmacist anticipates
providing, is providing or has provided care.
{ + (B) To a practitioner in a form that catalogs all
prescription drugs prescribed by the practitioner according to
the number assigned to the practitioner by the Drug Enforcement
Administration of the United States Department of Justice. + }
{ - (B) - } { + (C) + } To designated representatives of
the authority or any vendor or contractor with whom the authority
has contracted to establish or maintain the electronic system of
the prescription monitoring program.
{ - (C) - } { + (D) + } Pursuant to a valid court order
based on probable cause and issued at the request of a federal,
state or local law enforcement agency engaged in an authorized
drug-related investigation involving a person to whom the
requested information pertains.
{ - (D) - } { + (E) + } To a health professional regulatory
board that certifies in writing that the requested information is
necessary for an investigation related to licensure, renewal or
disciplinary action involving the applicant, licensee or
registrant to whom the requested information pertains.
{ - (E) - } { + (F) + } To a prescription monitoring
program of another state if the confidentiality, security and
privacy standards of the requesting state are determined by the
authority to be equivalent to those of the authority.
{ + (G) To the State Medical Examiner or designee of the
State Medical Examiner, for the purpose of conducting a
medicolegal investigation or autopsy. + }
(b) The authority may disclose information from the
prescription monitoring program that does not identify a patient,
practitioner or drug outlet:
(A) For educational, research or public health purposes;
{ - and - }
{ + (B) To a local public health authority, as defined in ORS
431.260; or + }
{ - (B) - } { + (C) + } To officials of the authority who
are conducting special epidemiologic morbidity and mortality
studies in accordance with ORS 432.060 and rules adopted under
ORS 431.110.
(c) The authority shall disclose information relating to a
patient maintained in the electronic system operated pursuant to
the prescription monitoring program established under ORS 431.962
to that patient at no cost to the patient within 10 business days
after the authority receives a request from the patient for the
information.
(d)(A) A patient may request the authority to correct any
information about the patient that is erroneous. The authority
shall grant or deny a request to correct information within 10
business days after the authority receives the request.
(B) If the authority denies a patient's request to correct
information under this paragraph, or fails to grant a patient's
request to correct information under this paragraph within 10
business days after the authority receives the request, the
Enrolled Senate Bill 470 (SB 470-B) Page 4
patient may appeal the denial or failure to grant the request.
Upon receipt of an appeal under this subparagraph, the authority
shall conduct a contested case hearing as provided in ORS chapter
183. Notwithstanding ORS 183.450, in the contested case hearing,
the authority has the burden of establishing that the information
included in the prescription monitoring program is correct.
(e) The information in the prescription monitoring program may
not be used for any commercial purpose.
(f) In accordance with ORS 192.553 to 192.581 and federal
privacy regulations, any person authorized to prescribe or
dispense a prescription drug and who is entitled to access a
patient's prescription monitoring information may discuss or
release the information to other health care providers involved
with the patient's care, in order to provide safe and appropriate
care coordination.
(3)(a) The authority shall maintain records of the information
disclosed through the prescription monitoring program including,
but not limited to:
(A) The identity of each person who requests or receives
information from the program and the organization, if any, the
person represents;
(B) The information released to each person or organization;
and
(C) The date and time the information was requested and the
date and time the information was provided.
(b) Records maintained as required by this subsection may be
reviewed by the Prescription Monitoring Program Advisory
Commission.
(4) Information in the prescription monitoring program that
identifies an individual patient must be removed no later than
three years from the date the information is entered into the
program.
(5) The authority shall notify the Attorney General and each
affected individual of an improper disclosure of information from
the prescription monitoring program.
(6)(a) If the authority or a person or entity required to
report or authorized to receive or release controlled substance
prescription information under this section violates this section
or ORS 431.964 or 431.968, a person injured by the violation may
bring a civil action against the authority, person or entity and
may recover damages in the amount of $1,000 or actual damages,
whichever is greater.
(b) Notwithstanding paragraph (a) of this subsection, the
authority and a person or entity required to report or authorized
to receive or release controlled substance prescription
information under this section are immune from civil liability
for violations of this section or ORS 431.964 or 431.968 unless
the authority, person or entity acts with malice, criminal
intent, gross negligence, recklessness or willful intent.
(7) Nothing in ORS 431.962 to 431.978 and 431.992 requires a
practitioner or pharmacist who prescribes or dispenses a
prescription drug to obtain information about a patient from the
prescription monitoring program. A practitioner or pharmacist who
prescribes or dispenses a prescription drug may not be held
liable for damages in any civil action on the basis that the
practitioner or pharmacist did or did not request or obtain
information from the prescription monitoring program.
SECTION 5. ORS 192.502, as amended by section 26, chapter 45,
Oregon Laws 2012, and sections 19 and 30, chapter 90, Oregon Laws
2012, is amended to read:
Enrolled Senate Bill 470 (SB 470-B) Page 5
192.502. The following public records are exempt from
disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public
bodies of an advisory nature to the extent that they cover other
than purely factual materials and are preliminary to any final
agency determination of policy or action. This exemption shall
not apply unless the public body shows that in the particular
instance the public interest in encouraging frank communication
between officials and employees of public bodies clearly
outweighs the public interest in disclosure.
(2) Information of a personal nature such as but not limited to
that kept in a personal, medical or similar file, if public
disclosure would constitute an unreasonable invasion of privacy,
unless the public interest by clear and convincing evidence
requires disclosure in the particular instance. The party seeking
disclosure shall have the burden of showing that public
disclosure would not constitute an unreasonable invasion of
privacy.
(3) Public body employee or volunteer addresses, Social
Security numbers, dates of birth and telephone numbers contained
in personnel records maintained by the public body that is the
employer or the recipient of volunteer services. This exemption:
(a) Does not apply to the addresses, dates of birth and
telephone numbers of employees or volunteers who are elected
officials, except that a judge or district attorney subject to
election may seek to exempt the judge's or district attorney's
address or telephone number, or both, under the terms of ORS
192.445;
(b) Does not apply to employees or volunteers to the extent
that the party seeking disclosure shows by clear and convincing
evidence that the public interest requires disclosure in a
particular instance;
(c) Does not apply to a substitute teacher as defined in ORS
342.815 when requested by a professional education association of
which the substitute teacher may be a member; and
(d) Does not relieve a public employer of any duty under ORS
243.650 to 243.782.
(4) Information submitted to a public body in confidence and
not otherwise required by law to be submitted, where such
information should reasonably be considered confidential, the
public body has obliged itself in good faith not to disclose the
information, and when the public interest would suffer by the
disclosure.
(5) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision,
to the extent that disclosure would interfere with the
rehabilitation of a person in custody of the department or
substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in
disclosure.
(6) Records, reports and other information received or compiled
by the Director of the Department of Consumer and Business
Services in the administration of ORS chapters 723 and 725 not
otherwise required by law to be made public, to the extent that
the interests of lending institutions, their officers, employees
and customers in preserving the confidentiality of such
information outweighs the public interest in disclosure.
(7) Reports made to or filed with the court under ORS 137.077
or 137.530.
Enrolled Senate Bill 470 (SB 470-B) Page 6
(8) Any public records or information the disclosure of which
is prohibited by federal law or regulations.
(9)(a) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or
privileged under Oregon law.
(b) Subject to ORS 192.423, paragraph (a) of this subsection
does not apply to factual information compiled in a public record
when:
(A) The basis for the claim of exemption is ORS 40.225;
(B) The factual information is not prohibited from disclosure
under any applicable state or federal law, regulation or court
order and is not otherwise exempt from disclosure under ORS
192.410 to 192.505;
(C) The factual information was compiled by or at the direction
of an attorney as part of an investigation on behalf of the
public body in response to information of possible wrongdoing by
the public body;
(D) The factual information was not compiled in preparation for
litigation, arbitration or an administrative proceeding that was
reasonably likely to be initiated or that has been initiated by
or against the public body; and
(E) The holder of the privilege under ORS 40.225 has made or
authorized a public statement characterizing or partially
disclosing the factual information compiled by or at the
attorney's direction.
(10) Public records or information described in this section,
furnished by the public body originally compiling, preparing or
receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if
the considerations originally giving rise to the confidential or
exempt nature of the public records or information remain
applicable.
(11) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530.
(12) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employees Retirement System pursuant to
ORS chapters 238 and 238A.
(13) Records of or submitted to the State Treasurer, the Oregon
Investment Council or the agents of the treasurer or the council
relating to active or proposed publicly traded investments under
ORS chapter 293, including but not limited to records regarding
the acquisition, exchange or liquidation of the investments. For
the purposes of this subsection:
(a) The exemption does not apply to:
(A) Information in investment records solely related to the
amount paid directly into an investment by, or returned from the
investment directly to, the treasurer or council; or
(B) The identity of the entity to which the amount was paid
directly or from which the amount was received directly.
(b) An investment in a publicly traded investment is no longer
active when acquisition, exchange or liquidation of the
investment has been concluded.
(14)(a) Records of or submitted to the State Treasurer, the
Oregon Investment Council, the Oregon Growth Account Board or the
agents of the treasurer, council or board relating to actual or
proposed investments under ORS chapter 293 or 348 in a privately
placed investment fund or a private asset including but not
limited to records regarding the solicitation, acquisition,
Enrolled Senate Bill 470 (SB 470-B) Page 7
deployment, exchange or liquidation of the investments including
but not limited to:
(A) Due diligence materials that are proprietary to an
investment fund, to an asset ownership or to their respective
investment vehicles.
(B) Financial statements of an investment fund, an asset
ownership or their respective investment vehicles.
(C) Meeting materials of an investment fund, an asset ownership
or their respective investment vehicles.
(D) Records containing information regarding the portfolio
positions in which an investment fund, an asset ownership or
their respective investment vehicles invest.
(E) Capital call and distribution notices of an investment
fund, an asset ownership or their respective investment vehicles.
(F) Investment agreements and related documents.
(b) The exemption under this subsection does not apply to:
(A) The name, address and vintage year of each privately placed
investment fund.
(B) The dollar amount of the commitment made to each privately
placed investment fund since inception of the fund.
(C) The dollar amount of cash contributions made to each
privately placed investment fund since inception of the fund.
(D) The dollar amount, on a fiscal year-end basis, of cash
distributions received by the State Treasurer, the Oregon
Investment Council, the Oregon Growth Account Board or the agents
of the treasurer, council or board from each privately placed
investment fund.
(E) The dollar amount, on a fiscal year-end basis, of the
remaining value of assets in a privately placed investment fund
attributable to an investment by the State Treasurer, the Oregon
Investment Council, the Oregon Growth Account Board or the agents
of the treasurer, council or board.
(F) The net internal rate of return of each privately placed
investment fund since inception of the fund.
(G) The investment multiple of each privately placed investment
fund since inception of the fund.
(H) The dollar amount of the total management fees and costs
paid on an annual fiscal year-end basis to each privately placed
investment fund.
(I) The dollar amount of cash profit received from each
privately placed investment fund on a fiscal year-end basis.
(15) The monthly reports prepared and submitted under ORS
293.761 and 293.766 concerning the Public Employees Retirement
Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the
end of the calendar quarter.
(16) Reports of unclaimed property filed by the holders of such
property to the extent permitted by ORS 98.352.
(17)(a) The following records, communications and information
submitted to the Oregon Business Development Commission, the
Oregon Business Development Department, the State Department of
Agriculture, the Oregon Growth Account Board, the Port of
Portland or other ports as defined in ORS 777.005, or a county or
city governing body and any board, department, commission,
council or agency thereof, by applicants for investment funds,
grants, loans, services or economic development moneys, support
or assistance including, but not limited to, those described in
ORS 285A.224:
(A) Personal financial statements.
(B) Financial statements of applicants.
Enrolled Senate Bill 470 (SB 470-B) Page 8
(C) Customer lists.
(D) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur; this
exemption does not apply to litigation which has been concluded,
and nothing in this subparagraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation.
(E) Production, sales and cost data.
(F) Marketing strategy information that relates to applicant's
plan to address specific markets and applicant's strategy
regarding specific competitors.
(b) The following records, communications and information
submitted to the State Department of Energy by applicants for tax
credits or for grants awarded under ORS 469B.256:
(A) Personal financial statements.
(B) Financial statements of applicants.
(C) Customer lists.
(D) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur; this
exemption does not apply to litigation which has been concluded,
and nothing in this subparagraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation.
(E) Production, sales and cost data.
(F) Marketing strategy information that relates to applicant's
plan to address specific markets and applicant's strategy
regarding specific competitors.
(18) Records, reports or returns submitted by private concerns
or enterprises required by law to be submitted to or inspected by
a governmental body to allow it to determine the amount of any
transient lodging tax payable and the amounts of such tax payable
or paid, to the extent that such information is in a form which
would permit identification of the individual concern or
enterprise. Nothing in this subsection shall limit the use which
can be made of such information for regulatory purposes or its
admissibility in any enforcement proceedings. The public body
shall notify the taxpayer of the delinquency immediately by
certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public
body is delinquent by over 60 days, the public body shall
disclose, upon the request of any person, the following
information:
(a) The identity of the individual concern or enterprise that
is delinquent over 60 days in the payment or delivery of the
taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(19) All information supplied by a person under ORS 151.485 for
the purpose of requesting appointed counsel, and all information
supplied to the court from whatever source for the purpose of
verifying the financial eligibility of a person pursuant to ORS
151.485.
(20) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules
adopted by the Director of the Department of Consumer and
Business Services, in any of the following circumstances:
Enrolled Senate Bill 470 (SB 470-B) Page 9
(a) When necessary for insurers, self-insured employers and
third party claim administrators to process workers' compensation
claims.
(b) When necessary for the director, other governmental
agencies of this state or the United States to carry out their
duties, functions or powers.
(c) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who
is the subject of a claim.
(d) When a worker or the worker's representative requests
review of the worker's claim record.
(21) Sensitive business records or financial or commercial
information of the Oregon Health and Science University that is
not customarily provided to business competitors.
(22) Records of Oregon Health and Science University regarding
candidates for the position of president of the university.
(23) The records of a library, including:
(a) Circulation records, showing use of specific library
material by a named person;
(b) The name of a library patron together with the address or
telephone number of the patron; and
(c) The electronic mail address of a patron.
(24) The following records, communications and information
obtained by the Housing and Community Services Department in
connection with the department's monitoring or administration of
financial assistance or of housing or other developments:
(a) Personal and corporate financial statements and
information, including tax returns.
(b) Credit reports.
(c) Project appraisals.
(d) Market studies and analyses.
(e) Articles of incorporation, partnership agreements and
operating agreements.
(f) Commitment letters.
(g) Project pro forma statements.
(h) Project cost certifications and cost data.
(i) Audits.
(j) Project tenant correspondence.
(k) Personal information about a tenant.
(L) Housing assistance payments.
(25) Raster geographic information system (GIS) digital
databases, provided by private forestland owners or their
representatives, voluntarily and in confidence to the State
Forestry Department, that is not otherwise required by law to be
submitted.
(26) Sensitive business, commercial or financial information
furnished to or developed by a public body engaged in the
business of providing electricity or electricity services, if the
information is directly related to a transaction described in ORS
261.348, or if the information is directly related to a bid,
proposal or negotiations for the sale or purchase of electricity
or electricity services, and disclosure of the information would
cause a competitive disadvantage for the public body or its
retail electricity customers. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(27) Sensitive business, commercial or financial information
furnished to or developed by the City of Klamath Falls, acting
solely in connection with the ownership and operation of the
Klamath Cogeneration Project, if the information is directly
Enrolled Senate Bill 470 (SB 470-B) Page 10
related to a transaction described in ORS 225.085 and disclosure
of the information would cause a competitive disadvantage for the
Klamath Cogeneration Project. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(28) Personally identifiable information about customers of a
municipal electric utility or a people's utility district or the
names, dates of birth, driver license numbers, telephone numbers,
electronic mail addresses or Social Security numbers of customers
who receive water, sewer or storm drain services from a public
body as defined in ORS 174.109. The utility or district may
release personally identifiable information about a customer, and
a public body providing water, sewer or storm drain services may
release the name, date of birth, driver license number, telephone
number, electronic mail address or Social Security number of a
customer, if the customer consents in writing or electronically,
if the disclosure is necessary for the utility, district or other
public body to render services to the customer, if the disclosure
is required pursuant to a court order or if the disclosure is
otherwise required by federal or state law. The utility, district
or other public body may charge as appropriate for the costs of
providing such information. The utility, district or other public
body may make customer records available to third party credit
agencies on a regular basis in connection with the establishment
and management of customer accounts or in the event such accounts
are delinquent.
(29) A record of the street and number of an employee's address
submitted to a special district to obtain assistance in promoting
an alternative to single occupant motor vehicle transportation.
(30) Sensitive business records, capital development plans or
financial or commercial information of Oregon Corrections
Enterprises that is not customarily provided to business
competitors.
(31) Documents, materials or other information submitted to the
Director of the Department of Consumer and Business Services in
confidence by a state, federal, foreign or international
regulatory or law enforcement agency or by the National
Association of Insurance Commissioners, its affiliates or
subsidiaries under ORS 86A.095 to 86A.198, 697.005 to 697.095,
697.602 to 697.842, 705.137, 717.200 to 717.320, 717.900 or
717.905, ORS chapter 59, 723, 725 or 726, the Bank Act or the
Insurance Code when:
(a) The document, material or other information is received
upon notice or with an understanding that it is confidential or
privileged under the laws of the jurisdiction that is the source
of the document, material or other information; and
(b) The director has obligated the Department of Consumer and
Business Services not to disclose the document, material or other
information.
(32) A county elections security plan developed and filed under
ORS 254.074.
(33) Information about review or approval of programs relating
to the security of:
(a) Generation, storage or conveyance of:
(A) Electricity;
(B) Gas in liquefied or gaseous form;
(C) Hazardous substances as defined in ORS 453.005 (7)(a), (b)
and (d);
(D) Petroleum products;
(E) Sewage; or
Enrolled Senate Bill 470 (SB 470-B) Page 11
(F) Water.
(b) Telecommunication systems, including cellular, wireless or
radio systems.
(c) Data transmissions by whatever means provided.
(34) The information specified in ORS 25.020 (8) if the Chief
Justice of the Supreme Court designates the information as
confidential by rule under ORS 1.002.
(35)(a) Employer account records of the State Accident
Insurance Fund Corporation.
(b) As used in this subsection, 'employer account records '
means all records maintained in any form that are specifically
related to the account of any employer insured, previously
insured or under consideration to be insured by the State
Accident Insurance Fund Corporation and any information obtained
or developed by the corporation in connection with providing,
offering to provide or declining to provide insurance to a
specific employer. 'Employer account records' includes, but is
not limited to, an employer's payroll records, premium payment
history, payroll classifications, employee names and
identification information, experience modification factors, loss
experience and dividend payment history.
(c) The exemption provided by this subsection may not serve as
the basis for opposition to the discovery documents in litigation
pursuant to applicable rules of civil procedure.
(36)(a) Claimant files of the State Accident Insurance Fund
Corporation.
(b) As used in this subsection, 'claimant files' includes, but
is not limited to, all records held by the corporation pertaining
to a person who has made a claim, as defined in ORS 656.005, and
all records pertaining to such a claim.
(c) The exemption provided by this subsection may not serve as
the basis for opposition to the discovery documents in litigation
pursuant to applicable rules of civil procedure.
(37) Except as authorized by ORS 408.425, records that certify
or verify an individual's discharge or other separation from
military service.
(38) Records of or submitted to a domestic violence service or
resource center that relate to the name or personal information
of an individual who visits a center for service, including the
date of service, the type of service received, referrals or
contact information or personal information of a family member of
the individual. As used in this subsection, 'domestic violence
service or resource center' means an entity, the primary purpose
of which is to assist persons affected by domestic or sexual
violence by providing referrals, resource information or other
assistance specifically of benefit to domestic or sexual violence
victims.
{ + (39) Information reported to the Oregon Health Authority
under ORS 431.964, except as provided in ORS 431.964 (2)(c)
information disclosed by the authority under ORS 431.966 and any
information related to disclosures made by the authority under
ORS 431.966, including information identifying the recipient of
the information. + }
SECTION 6. { + (1) The amendments to ORS 431.964 by section 3
of this 2013 Act apply to prescription drugs dispensed on or
after the effective date of this 2013 Act.
(2) The amendments to ORS 192.502 and 431.966 by sections 4 and
5 of this 2013 Act apply to information related to prescription
drugs dispensed before, on or after the effective date of this
2013 Act. + }
Enrolled Senate Bill 470 (SB 470-B) Page 12
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Passed by Senate March 21, 2013
Repassed by Senate June 18, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 13, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 470 (SB 470-B) Page 13
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 470 (SB 470-B) Page 14
