1. (1) Except as provided in this section, ORS 475A.586 and 475A.589, the Oregon Health Authority shall keep confidential any information obtained by the authority as part of an investigation of a psilocybin training program or a licensee, licensee representative, applicant for licensure, holder of a permit issued under ORS 475A.483 or applicant for a permit issued under ORS 475A.483, including any information contained in a complaint, and any information that might reasonably lead to the identification of a complainant.
2. (2) The authority may disclose the information described in subsection (1) of this section to the extent necessary to conduct an investigation or as allowed under ORS 475A.589.

3. (3) If the authority issues a notice of intent to deny a license or permit, a notice of intent to impose a disciplinary sanction or a notice of intent to deny training program course approval, the authority:

   1. (a) Shall disclose information obtained as part of an investigation of an applicant, permittee, training program or licensee if the requester of the information demonstrates by clear and convincing evidence that the public interest in disclosure outweighs any interests in nondisclosure, including but not limited to the public interest in nondisclosure.
   2. (b) May disclose to a complainant a written summary of information obtained as part of an investigation of an applicant, permittee, training program or licensee resulting from the complainant’s complaint to the extent the authority determines necessary to explain the reasons for the authority’s decisions related to the complaint. The applicant, permittee, provider of a training program or licensee that is the subject of the complaint may request and is entitled to receive a copy of a written summary under this paragraph from which the authority shall redact any information that could be reasonably used to identify the complainant.

4. (4) If the authority issues a notice of intent to deny a license or permit, a notice of intent to impose a disciplinary sanction or a notice of intent to deny a training program course approval, the applicant, permittee, provider of a training program or licensee that is the subject of the notice may request, and the authority shall disclose to the applicant, permittee, provider of a training program or licensee all information obtained by the authority in the investigation of the allegations in the notice except:

   1. (a) Information that is privileged or confidential under a law other than this section;
   2. (b) Information that would enable the identification of any person who provided information that led to the filing of the notice and who will not provide testimony at a hearing arising out of the investigation;
   3. (c) Information that would enable the identification of a person as a complainant to the authority about the applicant, permittee, training program or licensee; or
   4. (d) Reports of expert witnesses.

5. (5) Nothing in this section is intended to prohibit the authority from making public:

   1. (a) A notice of intent issued by the authority to deny a license or permit, to impose a disciplinary sanction against an applicant, permittee, provider of a training program or licensee or to deny training program course approval;
   2. (b) A final order that results from a notice described in paragraph (a) of this subsection;
   3. (c) An emergency suspension order; or
   4. (d) A consent order or stipulated agreement that involves the conduct of an applicant, permittee, training program or licensee.

[2025 c.147 §2]