1. (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 provided in a form and manner prescribed by the Oregon Health Authority (Authority) of every client, facilitator and client support person who will be recorded. Service center licensees and facilitators may not permit clients to record 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. (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. (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. (4) Licensee representatives of a service center may only access recordings made under this rule under the following circumstances:

   1. (a) To provide access to clients and facilitators who have been recorded.
   2. (b) With prior written consent described in section (3) of this rule.
   3. (c) To provide access to the Authority or law enforcement when required by ORS 475A.450 or these rules.
5. (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. (6) Clients, facilitators and client support persons may withdraw their written consent described in section (1) of this rule at any time prior to beginning an administration session.
7. (7) Clients, facilitators and client support persons may withdraw their written consent described in section (3) of this rule at any time.
8. (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.

Statutory/Other Authority

ORS 475A.235 & ORS 475A.305

Statutes/Other Implemented

ORS 475A.235 & ORS 475A.305

History

PH 21-2025, amend filed 10/24/2025, effective 01/01/2026
PH 82-2024, amend filed 11/22/2024, effective 01/01/2025
PH 58-2023, amend filed 12/21/2023, effective 01/01/2024
PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022