OAR 582-030-0030: Release to Clients, Parents, Guardians and Legal Representatives

(1) Upon written request using DHS Form 2093, or its equivalent, the requested information from the Program case file shall be released to the individual or, as appropriate, the individual's representative, in a timely manner, with the following exceptions: (a) Case file information obtained from another agency or organization, treatment records, and psychological evaluations may only be released under the conditions established by the treatment provider or source of the records or under the conditions established by agreement between the Program and the treatment provider or source of the records. (b) If an individual or, as appropriate, a parent, guardian, or other representative presents a written request to review medical or psychological reports from the individual's Program file and the counselor believes direct release of such information to any of the above persons may be harmful to the individual, the following procedures shall be followed: (A) The counselor shall contact the practitioner who wrote the report to request an opinion as to whether the practitioner believes direct release of the information would be harmful to the individual; or, if a practitioner is unavailable; (B) The counselor shall obtain an opinion from the appropriate office medical or psychological consultant as to whether the consultant believes direct release of the information would be harmful to the individual; the consultant shall record the opinion on the Medical/Psychological Review Record in the medical jacket (R-114); (C) If the practitioner or consultant states that direct release would not be harmful, the counselor shall release the requested Program information directly to the individual or (as appropriate) to the individual's parent, guardian, or designated representative; (D) If the practitioner or consultant states that direct release would be harmful, the counselor shall request but not require the individual to designate an appropriate and qualified physician or psychologist of the individual's choosing for the purpose of reviewing and interpreting the contents of the report to the individual. If the individual agrees, the counselor shall schedule the appointment, mail copies of the report to the practitioner, and if the individual so requests, execute an Authorization for Purchase to pay the practitioner for an office visit at the Program current approved rate of payment. (E) Medical, psychological, or other information that the Program determines may be harmful to the individual may not be released directly to the individual, but if release is allowed under these rules, shall be provided to the individual through a third party chosen by the individual, which may include, among others, an advocate, a family member, a qualified medical or mental health professional, unless a representative has been appointed by court to represent the individual in which case the information shall be released to the court-appointed representative. (2) If the individual is or was a minor age 14 or older who consented to their own mental health or substance abuse treatment, informed written consent from the individual is required for the release of mental health or substance abuse information to a parent or guardian. (3) If the individual is or was a minor age 15 or older who consented to their own medical treatment, informed written consent from the individual is required for the release of general medical information to a parent or guardian.