Harmon v. Oregon Medical Board

Under ORS 676.175(1), the OMB is required to keep confidential and not disclose to the public “any information obtained by the board as part of an investigation of a licensee or applicant, including complaints concerning licensee or applicant conduct and information permitting the identification of complainants, licensees or applicants[.]”

Harmon received notice from the Oregon Medical Board (OMB) of a proposed order of emergency suspension of her license, which led to hearings closed to the public with sealed records. Harmon assigns error to the trial court’s decision to close hearings to the public and seal the records, arguing it was an abuse of discretion beyond the scope of protecting confidentiality set forth in ORS 676.175, and in violation of the “open court” provision of Article I, section 10, of the Oregon Constitution. Under ORS 676.175(1), the OMB is required to keep confidential and not disclose to the public “any information obtained by the board as part of an investigation of a licensee or applicant, including complaints concerning licensee or applicant conduct and information permitting the identification of complainants, licensees or applicants[.]” The Court determined that while the statute does authorize the sealing of records, only those protected under ORS 676.175(1) may be sealed. Therefore, it was an abuse of discretion to seal the entire record of the proceedings. Appeal dismissed as moot; on cross-appeal, remanded for determination of portions of records, including testimony, exhibits, and discussions on the record, that must be unsealed because they are not protected from disclosure by ORS 676.175(1).