(1) Notwithstanding the provisions of ORS § 192.311 to 192.478, the names of complainants, witnesses and residents, and the reports and records compiled under the provisions of ORS § 441.630 to 441.680, are confidential and are not accessible for public inspection.

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(2) Notwithstanding subsection (1) of this section, the Department of Human Services or the department’s designee may, if appropriate, make the names of witnesses and residents, and the reports and records compiled under ORS § 441.630 to 441.680, available to:

(a) A law enforcement agency;

(b) A public agency that licenses or certifies long term care facilities;

(c) A public agency that licenses or certifies the persons practicing the healing arts in long term care facilities;

(d) The Long Term Care Ombudsman;

(e) A public agency that licenses or certifies a person that has abused or is alleged to have abused a resident;

(f) A court pursuant to a court order or as provided in ORS § 125.012; and

(g) An administrative law judge in an administrative proceeding when necessary to provide protective services as defined in ORS § 410.040 to a resident, when in the best interests of the resident or when necessary to investigate, prevent or treat abuse of a resident.

(3) Information made available under subsection (2) of this section, and the recipient of the information, are otherwise subject to the confidentiality provisions of ORS § 441.630 to 441.680. [1981 c.470 § 2 (enacted in lieu of 441.670); 1993 c.759 § 11; 2012 c.70 § 13]