76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 687
A-Engrossed
House Bill 2111
Ordered by the House March 10
Including House Amendments dated March 10
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber for Oregon
Health Authority)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Modifies provisions relating to isolation and quarantine of
persons with communicable disease and isolation of property
contaminated with toxic substance.
A BILL FOR AN ACT
Relating to public health; creating new provisions; and amending
ORS 433.001, 433.121, 433.123, 433.126, 433.128, 433.133 and
433.142.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 433.001 is amended to read:
433.001. As used in ORS 433.001 to 433.045 and 433.110 to
433.770 unless the context requires otherwise:
{ - (1) 'Authority' means the Oregon Health Authority. - }
{ - (2) - } { + (1) + } 'Communicable disease' has the
meaning given that term in ORS 431.260.
{ - (3) - } { + (2) + } 'Control' means a person without a
reportable disease about whom information is collected for
purposes of comparison to a person or persons with the reportable
disease.
{ - (4) 'Director' means the Director of the Oregon Health
Authority. - }
{ - (5) - } { + (3) + } 'Disease outbreak' has the meaning
given that term in ORS 431.260.
{ - (6) - } { + (4) + } 'Epidemic' has the meaning given
that term in ORS 431.260.
{ - (7) - } { + (5) + } 'Health care provider' has the
meaning given that term in ORS 433.443.
{ - (8) 'Individual' means a natural person. - }
{ - (9) - } { + (6) + } 'Individually identifiable health
information ' has the meaning given that term in ORS 433.443.
{ - (10) - } { + (7) + } 'Isolation' means the physical
separation and confinement of a person or group of persons who
are infected or reasonably believed to be infected with a
communicable disease or possibly communicable disease from
nonisolated persons to prevent or limit the transmission of the
disease to nonisolated persons.
{ - (11) - } { + (8) + } 'Local public health
administrator' has the meaning given that term in ORS 431.260.
{ - (12) - } { + (9) + } 'Property' means animals,
inanimate objects, vessels, public conveyances, buildings and all
other real or personal property.
{ - (13) - } { + (10) + } 'Public health measure' has the
meaning given that term in ORS 431.260.
{ - (14) - } { + (11) + } 'Quarantine' means the physical
separation and confinement of a person or group of persons who
have been or may have been exposed to a communicable disease or
possibly communicable disease and who do not show signs or
symptoms of a communicable disease, from persons who have not
been exposed to a communicable disease or possibly communicable
disease, to prevent or limit the transmission of the disease to
other persons.
{ - (15) - } { + (12) + } 'Reportable disease' has the
meaning given that term in ORS 431.260.
{ + (13) 'Simultaneous electronic transmission' means
transmission by television, telephone or any other electronic or
digital means if the form of transmission allows:
(a) The court and the person making the appearance to
communicate with each other during the proceeding; and
(b) A person who is represented by legal counsel to consult
privately with the person's attorney during the proceeding. + }
{ - (16) - } { + (14) + } 'Toxic substance' has the meaning
given that term in ORS 431.260.
SECTION 2. ORS 433.121 is amended to read:
433.121. (1) The Public Health Director or a local public
health administrator may issue an emergency administrative order
causing a person or group of persons to be placed in isolation or
quarantine if the Public Health Director or the local public
health administrator has probable cause to believe that a person
or group of persons requires immediate detention in order to
avoid a clear and immediate danger to others and that
considerations of safety do not allow initiation of the petition
process set out in ORS 433.123. An administrative order issued
under this section must:
(a) Identify the person or group of persons subject to
isolation or quarantine;
(b) Identify the premises where isolation or quarantine will
take place, if known;
(c)(A) Describe the reasonable efforts made to obtain voluntary
compliance with a request for an emergency public health action
including requests for testing or medical examination, treatment,
counseling, vaccination, decontamination of persons or animals,
isolation, quarantine, and inspection and closure of facilities;
or
(B) Explain why reasonable efforts to obtain voluntary
compliance are not possible and why the pursuit of these efforts
creates a risk of serious harm to others;
(d) Describe the suspected communicable disease or toxic
substance, if known, that is the basis for the issuance of the
emergency administrative order and the anticipated duration of
isolation or quarantine based on the suspected communicable
disease or toxic substance;
(e) Provide information supporting the reasonable belief of the
Public Health Director or the local public health administrator
that the person or group of persons is, or is suspected to be,
infected with, exposed to, or contaminated with a communicable
disease or toxic substance that could spread to or contaminate
others if remedial action is not taken;
(f) Provide information supporting the reasonable belief of the
Public Health Director or the local public health administrator
that the person or group of persons would pose a serious and
imminent risk to the health and safety of others if not detained
for purposes of isolation or quarantine;
(g) Describe the medical basis for which isolation or
quarantine is justified and explain why isolation or quarantine
is the least restrictive means available to prevent a risk to the
health and safety of others;
(h) Establish the time and date at which the isolation or
quarantine commences; and
(i) Contain a statement of compliance with the conditions of
and principles for isolation and quarantine specified in ORS
433.128.
(2) { + (a) + } In lieu of issuing an emergency administrative
order under subsection (1) of this section, the Public Health
Director or a local public health administrator may petition the
{ + circuit + } court for a written ex parte order.
{ + (b) + } The petition to the court and the court's order
must include the information described in subsection (1) of this
section.
{ + (c) The Public Health Director or local public health
administrator:
(A) Shall make reasonable efforts to serve the person or group
of persons subject to isolation or quarantine with the petition
before the petition is filed; and
(B) Is not required to provide prior notice of an ex parte
proceeding at which the petition is being considered by the
court. + }
(3) Within 12 hours of the issuance of an order under
subsection (1) or (2) of this section, the person or group of
persons detained or sought for detention must be personally
served with the written notice required by ORS 433.126 and with a
copy of any order issued under subsection (1) or (2) of this
section. If copies of the notice and order cannot be personally
served in a timely manner to a group of persons because the
number of persons in the group makes personal service
impracticable, the Public Health Director or the local public
health administrator { - may - } { + shall + } post the
notice and order in a conspicuous place where the notice and
order can be viewed by those detained or { - may - } { +
shall + } find other means to meaningfully communicate the
information in the notice and order to those detained.
(4) A person or group of persons detained pursuant to an order
issued under subsection (1) or (2) of this section may not be
detained for longer than 72 hours unless a petition is filed
under ORS 433.123.
(5) If the detention of a person or group of persons for longer
than 72 hours is deemed necessary, immediately following the
issuance of an order under subsection (1) or (2) of this section,
the Public Health Director or the local public health
administrator must petition the { + circuit + } court in
accordance with ORS 433.123.
(6) A person or group of persons detained under subsection (1)
or (2) of this section has the right to be represented by legal
counsel in accordance with ORS 433.466.
SECTION 3. ORS 433.123 is amended to read:
433.123. (1) The Public Health Director or a local public
health administrator may petition the { + circuit + } court for
an order authorizing:
(a) The isolation or quarantine of a person or group of
persons; or
(b) The continued isolation or quarantine of a person or group
of persons detained under ORS 433.121.
(2) A petition filed under subsections (1) and (9) of this
section must:
(a) Identify the person or group of persons subject to
isolation or quarantine;
(b) Identify the premises where isolation or quarantine will
take place, if known;
(c)(A) Describe the reasonable efforts made to obtain voluntary
compliance with a request for an emergency public health action,
including requests for testing or medical examination, treatment,
counseling, vaccination, decontamination of persons or animals,
isolation, quarantine and inspection and closure of facilities;
or
(B) Explain why reasonable efforts to obtain voluntary
compliance are not possible and why the pursuit of these efforts
creates a risk of serious harm to others;
(d) Describe the suspected communicable disease or toxic
substance, if known, and the anticipated duration of isolation or
quarantine based on the suspected communicable disease,
infectious agent or toxic substance;
(e) Provide information supporting the reasonable belief of the
Public Health Director or the local public health administrator
that the person or group of persons is, or is suspected to be,
infected with, exposed to, or contaminated with a communicable
disease or toxic substance that could spread to or contaminate
others if remedial action is not taken;
(f) Provide information supporting the reasonable belief of the
Public Health Director or the local public health administrator
that the person or group of persons would pose a serious risk to
the health and safety of others if not detained for purposes of
isolation or quarantine;
(g) Describe the medical basis for which isolation or
quarantine is justified and explain why isolation or quarantine
is the least restrictive means available to prevent a serious
risk to the health and safety of others;
(h) Establish the time and date on which the isolation or
quarantine commences; and
(i) Contain a statement of compliance with the conditions of
and principles for isolation and quarantine specified in ORS
433.128.
(3) The person or group of persons detained or sought for
detention must be personally served with a copy of the petition
filed with the court under subsection (1) of this section and
with the written notice required by ORS 433.126. If copies of the
petition and notice cannot be personally served in a timely
manner to a group of persons because the number of persons in the
group makes personal service impracticable, the Public Health
Director or the local public health administrator { - may - }
{ + shall + } post the petition and notice in a conspicuous
place where the petition and notice can be viewed by those
detained or { - may - } find other means to meaningfully
communicate the information in the petition and notice to those
detained.
(4) A person or group of persons subject to a petition filed
under subsection (1) or (9) of this section has the right to be
represented by legal counsel in accordance with ORS 433.466.
(5) { + Upon + } the filing of a petition under subsection (1)
of this section to continue isolation or quarantine for a person
or group of persons detained under an emergency administrative
{ + or ex parte + } order issued under ORS 433.121
{ - extends - } { + , the court shall issue an order
extending + } the isolation or quarantine order until the court
holds a hearing pursuant to subsection (6) of this section.
(6)(a) The court shall hold a hearing on a petition filed under
subsection (1) of this section within 72 hours of the filing of
the petition, exclusive of Saturdays, Sundays and legal holidays.
(b) In extraordinary circumstances and for good cause shown, or
with consent of the affected persons, the Public Health Director
or the local public health administrator may apply to continue
the hearing date for up to 10 days. The court may grant a
continuance at its discretion, giving due regard to the rights of
the affected persons, the protection of the public health, the
severity of the public health threat and the availability of
necessary witnesses and evidence.
(c) The hearing required under this subsection may be waived by
consent of the affected persons.
(d) The provisions of ORS 40.230, 40.235 and 40.240 do not
apply to a hearing held under this subsection. Any evidence
presented at the hearing that would be privileged and not subject
to disclosure except as required by this paragraph shall be
disclosed only to the court, the parties and their legal counsel
or persons authorized by the court and may not be disclosed to
the public.
(7) { - If - } { + The Public Health Director or local
public health administrator may request that + } a person or
group of persons who is the subject of a petition filed under
subsection (1) or (9) of this section { - cannot - }
{ + not + } personally appear before the court because personal
appearance { - poses - } { + would pose + } a risk of serious
harm to others { - , - } { + . If the court grants the
director's or local public health administrator's request or if
the court determines that personal appearance by the person or
group of persons who is the subject of the petition poses a risk
of serious harm to others, + } the court proceeding { - may - }
{ + must + } be conducted by legal counsel for the person or
group of persons { - and - } { + or must + } be held at a
location { + , + } or { - via - } { + by + } any means { + ,
including simultaneous electronic transmission, + } that allows
all parties to fully participate.
(8) The court shall grant the petition if, by clear and
convincing evidence, the court finds that isolation or quarantine
is necessary to prevent a serious risk to the health and safety
of others. In lieu of or in addition to isolation or quarantine,
the court may order the imposition of other public health
measures appropriate to the public health threat presented. The
court order must:
(a) Specify the maximum duration for the isolation or
quarantine, which may not exceed 60 days unless there is
substantial medical evidence indicating that the condition that
is the basis of the public health threat is spread by airborne
transmission and cannot be rendered noninfectious within 60 days
or may recur after 60 days, in which case the maximum duration of
the isolation or quarantine may not exceed a period of 180 days;
(b) Identify the person or group of persons subject to the
order by name or shared or similar characteristics or
circumstances;
(c) Specify the factual findings warranting imposition of
isolation, quarantine or another public health measure;
(d) Include any conditions necessary to ensure that isolation
or quarantine is carried out within the stated purposes and
restrictions of this section; and
(e) Be served on all affected persons or groups in accordance
with subsection (3) of this section.
(9) Prior to the expiration of a court order issued under
subsection (8) or (10) of this section, the Public Health
Director or the local public health administrator may petition
the { + circuit + } court to continue isolation or quarantine. A
petition filed under this subsection must comply with the
requirements of subsections (2) to (8) of this section.
(10)(a) The court { - will - } { + shall + } hold a hearing
on a petition filed under subsection (9) of this section within
72 hours of filing, exclusive of Saturdays, Sundays and legal
holidays.
(b) In extraordinary circumstances and for good cause shown, or
with consent of the affected persons, the Public Health Director
or the local public health administrator may apply to continue
the hearing date for up to 10 days. The court may grant a
continuance at its discretion, giving due regard to the rights of
the affected persons, the protection of the public health, the
severity of the public health threat and the availability of
necessary witnesses and evidence.
(c) The hearing required under this subsection may be waived by
consent of the affected parties.
(d) The court may continue the isolation or quarantine order if
the court finds there is clear and convincing evidence that
continued isolation or quarantine is necessary to prevent a
serious threat to the health and safety of others. In lieu of or
in addition to continued isolation or quarantine, the court may
order the imposition of a public health measure appropriate to
the public health threat presented.
(e) An order issued under this subsection must comply with the
requirements of subsection (8) of this section.
(11) An order issued under subsection (10) of this section
{ - shall - } { + must + } be for a period not to exceed 60
days and { - shall - } { + must + } be served on all affected
parties in accordance with subsection (3) of this section.
(12) In no case may a person or group of persons be in
quarantine or isolation for longer than 180 days unless,
following a hearing, a court finds that extraordinary
circumstances exist and that the person or group of persons
subject to isolation or quarantine continues to pose a serious
threat to the health and safety of others if detention is not
continued.
(13) Failure to obey a court order issued under this section
{ - shall subject - } { + subjects + } the person in
violation of the order to contempt proceedings under ORS 33.015
to 33.155.
SECTION 4. ORS 433.126 is amended to read:
433.126. (1) The Public Health Director or the local public
health administrator shall provide the person or group of persons
detained or sought for detention under ORS 433.121 or 433.123
with a written notice informing the person or group of persons
of:
(a) The right to legal counsel, including how to request and
communicate with counsel;
(b) The right to petition the { + circuit + } court for
release from isolation or quarantine and the procedures for
filing a petition;
(c) The conditions of and principles of isolation and
quarantine specified in ORS 433.128;
(d) The right to petition the court for a remedy regarding a
breach of the conditions of isolation or quarantine imposed on
the person or group of persons and the procedures for filing a
petition; and
(e) The sanctions that may be imposed for violating an order
issued under ORS 433.121 or 433.123.
(2) The Public Health Director or the local public health
administrator must ensure, to the extent practicable, that the
person or group of persons receives the notice required under
this section in a language and in a manner the person or group of
persons can understand.
(3) The Public Health Director may adopt rules prescribing the
form of notice required by this section.
SECTION 5. ORS 433.128 is amended to read:
433.128. When isolating or quarantining a person or group of
persons in accordance with ORS 433.121 or 433.123, the Public
Health Director or the local public health administrator shall
adhere to the following conditions and principles:
(1) Isolation or quarantine must be by the least restrictive
means necessary to prevent the spread of a communicable disease
or possibly communicable disease to others or to limit exposure
to or contamination with a toxic substance by others, and may
include, but is not limited to, confinement to private homes or
other public or private premises.
(2) Confinement may not be in a prison, jail or other facility
where those charged with a crime or a violation of a municipal
ordinance are incarcerated unless:
(a) The person or group of persons represents an immediate and
serious physical threat to the staff or physical facilities of a
hospital or other facility in which the person or group of
persons has been confined; or
(b) A person has been found in contempt of court because of
failure to obey a court order.
(3) Isolated persons must be confined separately from
quarantined persons. If a facility is not capable of separating
isolated persons from quarantined persons, either the isolated
persons or the quarantined persons must be moved to a separate
facility.
(4) The health status of an isolated or quarantined person must
be monitored regularly to determine if the person requires
continued isolation or quarantine.
(5) A quarantined person who subsequently becomes infected or
is reasonably believed to have become infected with a
communicable disease or possibly communicable disease that the
Public Health Director or the local public health administrator
believes poses a significant threat to the health and safety of
other quarantined persons must be promptly placed in isolation.
(6) An isolated or quarantined person must be released as soon
as practicable when the Public Health Director or local public
health administrator determines that the person has been
successfully decontaminated or that the person no longer poses a
substantial risk of transmitting a communicable disease or
possibly communicable disease that would constitute a serious or
imminent threat to the health and safety of others.
(7) The needs of a person who is isolated or quarantined must
be addressed to the greatest extent practicable in a systematic
and competent fashion, including, but not limited to, providing
adequate food, medication, competent medical care, clothing,
shelter and means of communication with other persons who are in
isolation or quarantine and persons who are not under isolation
or quarantine.
(8) Premises used for isolation or quarantine must, to the
extent practicable, be maintained in a safe and hygienic manner
to lessen the likelihood of further transmission of a
communicable disease or possibly communicable disease or of
further harm to persons who are isolated and quarantined.
(9) Cultural and religious beliefs should be considered to the
extent practicable in addressing the needs of persons who are
isolated or quarantined and in establishing and maintaining
premises used for isolation or quarantine.
(10)(a) Isolation or quarantine shall not abridge the right of
any person to rely exclusively on spiritual means to treat a
communicable disease or possibly communicable disease in
accordance with religious or other spiritual tenets and
practices.
(b) Nothing in ORS 433.126 to 433.138, 433.142 and 433.466
prohibits a person who relies exclusively on spiritual means to
treat a communicable disease or possibly communicable disease and
who is infected with a communicable disease or has been exposed
to a toxic substance from being isolated or quarantined in a
private place of the person's own choice, provided the private
place is approved by the Public Health Director or the local
health administrator and the person who is isolated or
quarantined complies with all laws, rules and regulations
governing control, sanitation, isolation and quarantine.
(11) Prior to placing a person or group of persons subject to
isolation or quarantine in a health care facility as defined in
ORS 442.015, the Public Health Director or the local public
health administrator must provide to the managers of the health
care facility notice of the intention to seek authorization from
the { + circuit + } court to place a person or group of persons
in isolation or quarantine in the facility and must consult with
the managers of the health care facility regarding how to best
meet the requirements of this section.
(12) The Public Health Director or local public health
administrator shall provide adequate means of communication
between a person or a group of persons who is isolated or
quarantined and legal counsel for the person or group of persons.
SECTION 6. ORS 433.133 is amended to read:
433.133. (1)(a) Any person or group of persons who is isolated
or quarantined pursuant to ORS 433.121 or 433.123 may apply to
the { + circuit + } court for an order to show cause why the
individual or group should not be released.
(b) The court shall rule on the application to show cause
within 48 hours of the filing of the application.
(c) The court { - must - } { + shall + } grant the
application if there is a reasonable basis to support the
allegations in the application, and the court shall schedule a
hearing on the order requiring the
{ - Oregon Health Authority - } { + Public Health Director or
local public health administrator + } to appear and to show cause
within five working days of the filing of the application.
(d) The issuance of an order to show cause and ordering the
{ - authority - } { + director or local public health
administrator + } to appear and show cause does not stay or
enjoin an isolation or quarantine order.
(2)(a) A person or group of persons who is isolated or
quarantined may request a hearing in the { + circuit + } court
for remedies regarding breaches of the conditions of isolation or
quarantine required by ORS 433.128.
(b) The court { - must - } { + shall + } hold a hearing if
there is a reasonable basis to believe there has been a breach of
the conditions of isolation or quarantine required by ORS
433.128.
(c) A request for a hearing { - shall - } { + does + } not
stay or enjoin an order for isolation or quarantine.
(d) Upon receipt of a request under this subsection alleging
extraordinary circumstances justifying the immediate granting of
relief, the court shall hold a hearing on the matters alleged as
soon as practicable.
(e) If a hearing is not granted under paragraph { - (c) - }
{ + (d) + } of this subsection, the court shall hold a hearing
on the matters alleged within five days from receipt of the
request.
(3) In any proceedings brought for relief under this section,
in extraordinary circumstances and for good cause shown, or with
consent of the petitioner or petitioners the Public Health
Director or local public health administrator may move the court
to extend the time for a hearing. The court in its discretion may
grant the extension giving due regard to the rights of the
affected persons, the protection of the public health, the
severity of the emergency and the availability of necessary
witnesses and evidence.
(4) If a person or group of persons who is detained cannot
personally appear before the court because such an appearance
poses a risk of serious harm to others, the court proceeding may
be conducted by legal counsel for the person or group of persons
and be held at a location { + , + } or { - via - } { + by + }
any means { + , including simultaneous electronic transmission,
+ }that allows all parties to fully participate.
(5) If the court finds, by clear and convincing evidence, that
a person or group of persons no longer poses a serious risk to
the health and safety to others, the court may order the release
of that person or group of persons from isolation or quarantine.
(6) If the court finds by clear and convincing evidence that a
person or group of persons is not being held in accordance with
the conditions of isolation or quarantine required by ORS
433.128, the court may order an appropriate remedy to ensure
compliance with ORS 433.128.
SECTION 7. ORS 433.142 is amended to read:
433.142. (1) As used in this section, 'to isolate property '
means to restrict access to property in a manner that reduces or
prevents exposure to a toxic substance by persons.
(2) The Public Health Director or a local public health
administrator may petition the { + circuit + } court to isolate
property if there is reason to believe the property is
contaminated with a toxic substance that poses a serious risk to
the health and safety of others.
(3) The petition must:
(a) Describe the property subject to isolation;
(b)(A) Describe the reasonable efforts made to obtain voluntary
compliance from the owner or custodian of the property with
public health measures necessary to isolate the property; or
(B) Explain why reasonable efforts to obtain voluntary
compliance are not possible and why the pursuit of these efforts
creates a risk of serious harm to others;
(c) Describe the suspected toxic substance and the health
effects of exposure to the toxic substance;
(d) Provide information supporting the reasonable belief of the
Public Health Director or the local public health administrator
that the toxic substance could spread to or contaminate others if
remedial action is not taken;
(e) Provide information supporting the reasonable belief of the
Public Health Director or the local public health administrator
that the toxic substance poses a serious risk to the health and
safety of others if the property is not isolated;
(f) Explain why isolation of the property is the least
restrictive means available to prevent a serious risk to the
health and safety of others; and
(g) Explain whether the property subject to isolation can be
decontaminated or whether the property must be destroyed.
(4) The petition must be personally served on the owner or
custodian of the property.
(5)(a) The court { - must - } { + shall + } hold a hearing
within 72 hours of the filing of the petition, exclusive of
Saturdays, Sundays and legal holidays.
(b) For good cause shown, or with consent of the affected owner
or custodian of the property, the Public Health Director or the
local public health administrator may apply to continue the
hearing date for up to 10 days, which continuance the court may
grant at its discretion giving due regard to the rights of the
affected owner or custodian of the property, the protection of
the public health, the severity of the public health threat and
the availability of necessary witnesses and evidence.
(c) A hearing may be waived by the owner or custodian of the
property.
(6) The court shall grant the petition if, by clear and
convincing evidence, the court finds that isolation of property
contaminated with a toxic substance is necessary to prevent a
serious risk to the health and safety of others. An order
authorizing isolation { - shall be - } { + remains + } in
effect until the toxic substance no longer poses a serious risk
to the health and safety of others.
(7) The court order must:
(a) Identify the property to be isolated;
(b) Specify factual findings warranting isolation, including a
description of the toxic substance believed to be contaminating
the property;
(c) Include any conditions necessary to ensure that isolation
is carried out within the stated purposes and restrictions of
this section; and
(d) Describe the remedial actions necessary to neutralize or
remove the contamination.
SECTION 8. { + Section 9 of this 2011 Act is added to and made
a part of ORS 433.110 to 433.770. + }
SECTION 9. { + (1) The circuit court shall cause to be
recorded in the court records:
(a) A full account of proceedings at hearings conducted
pursuant to ORS 433.121, 433.123, 433.133 and 433.136;
(b) The petitions, affidavits, judgments and orders of the
court; and
(c) A copy of the orders issued.
(2) Any portion of the account of the proceedings, the
transcript of testimony, the petition, any affidavit, judgment,
order of the court, recording of the proceeding or any other
court record may be disclosed only:
(a) Upon request of a person subject to the proceedings or the
legal representative or attorney of the person;
(b) To the Public Health Director or a local public health
administrator; or
(c) Pursuant to court order, when the court finds that the
petitioner's interest in public disclosure outweighs the privacy
interests of the individual who is the subject of the
petition. + }
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