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Or. Rev. Stat. § 442.846 - Patient safety data not admissible in civil actions

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Patient safety data and reports obtained by the Patient Safety Reporting Program is confidential and privileged and cannot be used as evidence in any civil action.  This information may not be subpoenaed, used in discovery, or be disclosed as a public record.  However, the privilege does not extend to the patient’s medical diagnosis or treatment records that are created in the ordinary course of business.  Patient safety data that is collected with the intent of being used for the Patient Safety Reporting Program, and is contained in a participating provider’s business records, is not subject to subpoena.  The law also forecloses the liability of those who are a part of the Patient Safety Commission Board or the Reporting Program.  Participating providers of the Reporting Program may not be examined in a civil action as to communications made or shared regarding patient safety data.


Current as of June 2015