Or. Admin. Code § 333-333-4640
Current through Register Vol. 63, No. 12, December 1, 2024
Section 333-333-4640 - [Effective until 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.Or. Admin. Code § 333-333-4640
PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022; PH 58-2023, amend filed 12/21/2023, effective 1/1/2024Statutory/Other Authority: ORS 475A.235 & ORS 475A.305
Statutes/Other Implemented: ORS 475A.235 & ORS 475A.305