72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1345
House Bill 2823
Sponsored by COMMITTEE ON GENERAL GOVERNMENT
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 as
introduced.
Creates Department of Public Health. Transfers public health
functions from Department of Human Services to Department of
Public Health.
Declares emergency, effective July 1, 2003.
A BILL FOR AN ACT
Relating to Department of Public Health; creating new provisions;
amending ORS 30.801, 92.337, 97.170, 97.210, 97.450, 97.958,
105.580, 106.041, 106.165, 109.070, 109.094, 109.096, 109.225,
109.251, 110.318, 135.139, 169.076, 179.505, 192.525, 192.535,
192.537, 192.539, 192.547, 192.549, 198.792, 199.461, 199.490,
199.495, 199.512, 222.120, 222.850, 222.860, 222.870, 222.875,
222.880, 222.883, 222.885, 222.890, 222.897, 222.900, 222.911,
244.050, 247.570, 285A.213, 285B.410, 285B.467, 285B.563,
315.604, 345.535, 401.347, 408.305, 408.310, 408.320, 408.325,
409.010, 416.430, 418.756, 419B.005, 419B.050, 431.035,
431.045, 431.110, 431.120, 431.140, 431.150, 431.155, 431.157,
431.170, 431.175, 431.180, 431.190, 431.195, 431.210, 431.220,
431.230, 431.250, 431.270, 431.310, 431.330, 431.335, 431.340,
431.345, 431.350, 431.375, 431.380, 431.385, 431.415, 431.416,
431.418, 431.530, 431.550, 431.705, 431.710, 431.715, 431.720,
431.725, 431.730, 431.735, 431.740, 431.745, 431.750, 431.760,
431.827, 431.830, 431.853, 431.890, 431.915, 431.920, 431.940,
431.945, 431.950, 431.955, 431.990, 432.005, 432.010, 432.015,
432.020, 432.025, 432.030, 432.060, 432.085, 432.119, 432.146,
432.287, 432.312, 432.317, 432.500, 432.510, 432.520, 432.530,
432.540, 432.900, 433.001, 433.004, 433.006, 433.008, 433.010,
433.012, 433.019, 433.022, 433.035, 433.040, 433.045, 433.055,
433.060, 433.065, 433.075, 433.080, 433.085, 433.092, 433.094,
433.096, 433.098, 433.100, 433.106, 433.110, 433.130, 433.140,
433.216, 433.220, 433.235, 433.245, 433.255, 433.260, 433.267,
433.269, 433.271, 433.273, 433.282, 433.283, 433.285, 433.290,
433.295, 433.312, 433.314, 433.321, 433.323, 433.345, 433.350,
433.355, 433.360, 433.365, 433.367, 433.370, 433.375, 433.407,
433.419, 433.423, 433.511, 433.517, 433.521, 433.526, 433.715,
433.750, 433.760, 433.810, 433.850, 433.855, 433.860, 433.865,
433.990, 435.090, 435.100, 435.105, 435.205, 435.225, 437.010,
437.030, 438.010, 438.060, 438.070, 438.110, 438.120, 438.130,
438.140, 438.150, 438.160, 438.210, 438.310, 438.320, 438.420,
438.435, 438.440, 438.450, 438.605, 438.610, 438.615, 438.620,
441.750, 441.755, 443.035, 446.310, 446.320, 446.321, 446.322,
446.324, 446.325, 446.330, 446.335, 446.340, 446.345, 446.347,
446.348, 446.350, 446.425, 447.124, 448.005, 448.011, 448.020,
448.030, 448.035, 448.037, 448.040, 448.051, 448.060, 448.100,
448.115, 448.119, 448.123, 448.131, 448.135, 448.140, 448.145,
448.150, 448.155, 448.160, 448.165, 448.170, 448.175, 448.180,
448.250, 448.255, 448.268, 448.271, 448.273, 448.277, 448.279,
448.280, 448.285, 448.295, 448.330, 448.407, 448.409, 448.410,
448.450, 448.460, 448.465, 448.990, 450.165, 450.845, 451.445,
452.151, 452.300, 452.530, 453.005, 453.035, 453.055, 453.065,
453.075, 453.085, 453.095, 453.105, 453.115, 453.125, 453.135,
453.205, 453.225, 453.235, 453.245, 453.255, 453.265, 453.342,
453.347, 453.370, 453.510, 453.527, 453.605, 453.635, 453.645,
453.665, 453.675, 453.685, 453.695, 453.705, 453.715, 453.745,
453.752, 453.754, 453.757, 453.761, 453.771, 453.775, 453.780,
453.785, 453.790, 453.795, 453.800, 453.805, 453.807, 453.864,
453.867, 453.870, 453.873, 453.876, 453.879, 453.885, 453.888,
453.891, 453.894, 453.897, 453.900, 453.903, 453.909, 453.995,
454.235, 455.680, 459.386, 459.390, 459.395, 466.135, 466.280,
466.605, 466.615, 468.035, 468.055, 468.060, 468A.707,
468B.150, 469.525, 469.533, 469.559, 469.611, 471.190, 471.333,
471.732, 478.260, 527.710, 537.532, 537.534, 541.845, 545.101,
616.010, 616.015, 616.020, 616.745, 624.010, 624.020, 624.023,
624.025, 624.027, 624.028, 624.032, 624.035, 624.045, 624.060,
624.065, 624.067, 624.070, 624.075, 624.080, 624.085, 624.100,
624.110, 624.310, 624.320, 624.330, 624.340, 624.370, 624.380,
624.390, 624.400, 624.410, 624.430, 624.510, 624.530, 624.550,
624.570, 624.630, 624.650, 624.670, 624.992, 628.270, 634.550,
675.310, 675.330, 676.160, 677.491, 678.830, 679.260, 681.480,
682.015, 682.025, 682.037, 682.045, 682.047, 682.075, 682.085,
682.105, 682.107, 682.145, 682.155, 682.157, 682.175, 682.185,
682.195, 682.205, 682.215, 682.225, 682.245, 682.255, 682.275,
682.285, 682.295, 682.991, 685.055, 685.160, 685.201, 686.210,
686.246, 688.545, 688.595, 688.625, 688.630, 688.635, 688.640,
688.645, 688.650, 688.655, 688.660, 688.665, 689.135, 689.445,
689.645, 689.832, 691.405, 691.485, 691.565, 692.300, 692.375,
693.115, 701.505, 813.160, 815.260, 820.330, 820.360, 820.380,
830.110 and 830.535 and sections 13 and 14, chapter 653, Oregon
Laws 1991, section 6, chapter 1059, Oregon Laws 1999, and
section 1, chapter 720, Oregon Laws 2001; repealing ORS
453.001; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Department of Public Health is
established. + }
{ + (2) The Department of Public Health is under the
supervision and control of a director, who is responsible for the
performance of the duties, functions and powers of the
department.
(3) The Governor shall appoint the Director of Public Health,
who holds office at the pleasure of the Governor.
(4) The director shall be paid a salary as provided by law or,
if not so provided, as prescribed by the Governor.
(5) For purposes of administration, subject to the approval of
the Governor, the director may organize and reorganize the
department as the director considers necessary to properly
conduct the work of the department.
(6) The director may divide the functions of the department
into administrative divisions. Subject to the approval of the
Governor, the director may appoint an individual to administer
each division. The administrator of each division serves at the
pleasure of the director and is not subject to the provisions of
ORS chapter 240. Each individual appointed under this subsection
must be well qualified by technical training and experience in
the functions to be performed by the individual. + }
SECTION 2. { + The appointment of the Director of Public
Health is subject to confirmation by the Senate in the manner
prescribed in ORS 171.562 and 171.565. + }
SECTION 3. { + (1) The Director of Public Health shall, by
written order filed with the Secretary of State, appoint a deputy
director. The deputy director serves at the pleasure of the
director, has authority to act for the director in the absence of
the director and is subject to the control of the director at all
times.
(2) Subject to any applicable provisions of ORS chapter 240,
the director shall appoint all subordinate officers and employees
of the Department of Public Health, prescribe their duties and
fix their compensation. + }
SECTION 4. { + In accordance with applicable provisions of ORS
183.310 to 183.550, the Director of Public Health may adopt rules
necessary for the administration of the laws that the Department
of Public Health is charged with administering. + }
SECTION 5. { + Sections 1 to 4 of this 2003 Act are added to
and made a part of ORS chapter 431. + }
SECTION 6. { + The duties, functions and powers of the
Director of Human Services and the Department of Human Services
related to those activities described in the statutes amended by
sections 16 to 324 and 326 to 515 of this 2003 Act are
transferred to, imposed upon and vested in the Director of Public
Health and the Department of Public Health. + }
SECTION 7. { + (1) The Director of Human Services shall:
(a) Deliver to the Department of Public Health all records and
property within the jurisdiction of the director that relate to
the duties, functions and powers transferred by section 6 of this
2003 Act; and
(b) Transfer to the Department of Public Health those employees
engaged primarily in the exercise of the duties, functions and
powers transferred by section 6 of this 2003 Act.
(2) The Director of Public Health shall take possession of the
records and property, and shall take charge of the employees and
employ them in the exercise of the duties, functions and powers
transferred by section 6 of this 2003 Act, without reduction of
compensation but subject to change or termination of employment
or compensation as provided by law.
(3) The Governor shall resolve any dispute between the
Department of Human Services and the Department of Public Health
relating to transfers of records, property and employees under
this section, and the Governor's decision is final. + }
SECTION 8. { + (1) The unexpended balances of amounts
authorized to be expended by the Department of Human Services for
the biennium beginning July 1, 2003, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 6 of this
2003 Act are appropriated and transferred to and are available
for expenditure by the Department of Public Health for the
biennium beginning July 1, 2003, for the purpose of administering
and enforcing the duties, functions and powers transferred by
section 6 of this 2003 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Department of
Human Services remain applicable to expenditures by the
Department of Public Health under this section. + }
SECTION 9. { + The transfer of duties, functions and powers to
the Department of Public Health by section 6 of this 2003 Act
does not affect any action, proceeding or prosecution involving
or with respect to such duties, functions and powers begun before
and pending at the time of the transfer, except that the
Department of Public Health is substituted for the Department of
Human Services in the action, proceeding or prosecution. + }
SECTION 10. { + (1) Nothing in sections 1 to 15 of this 2003
Act or the amendments to or repeal of statutes by sections 16 to
324 and 326 to 516 of this 2003 Act relieves a person of a
liability, duty or obligation accruing under or with respect to
the duties, functions and powers transferred by section 6 of this
2003 Act. The Department of Public Health may undertake the
collection or enforcement of any such liability, duty or
obligation.
(2) The rights and obligations of the Department of Human
Services legally incurred under contracts, leases and business
transactions executed, entered into or begun before the operative
date of section 6 of this 2003 Act accruing under or with respect
to the duties, functions and powers transferred by section 6 of
this 2003 Act are transferred to the Department of Public Health.
For the purpose of succession to these rights and obligations,
the Department of Public Health is a continuation of the
Department of Human Services and not a new authority. + }
SECTION 11. { + Notwithstanding the transfer of duties,
functions and powers by section 6 of this 2003 Act, the rules of
the Department of Human Services with respect to such duties,
functions or powers that are in effect on the operative date of
section 6 of this 2003 Act continue in effect until superseded or
repealed by rules of the Department of Public Health. References
in such rules of the Department of Human Services to the
Department of Human Services or an officer or employee of the
Department of Human Services are considered to be references to
the Department of Public Health or an officer or employee of the
Department of Public Health. + }
SECTION 12. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 6 of
this 2003 Act, reference is made to the Department of Human
Services or an officer or employee of the Department of Human
Services whose duties, functions or powers are transferred by
section 6 of this 2003 Act, the reference is considered to be a
reference to the Department of Public Health or an officer or
employee of the Department of Public Health who by this 2003 Act
is charged with carrying out such duties, functions and
powers. + }
SECTION 13. { + The Director of Public Health may be appointed
before the operative date of section 6 of this 2003 Act and may
take any action before that date that is necessary to enable the
director to exercise, on and after the operative date of section
6 of this 2003 Act, the duties, functions and powers of the
director pursuant to section 6 of this 2003 Act. + }
SECTION 14. { + For the purpose of harmonizing and clarifying
statute sections published in Oregon Revised Statutes, the
Legislative Counsel may substitute for words designating the '
Department of Human Services' or its officers, wherever they
occur in Oregon Revised Statutes in the context of the duties,
functions and powers transferred by section 6 of this 2003 Act,
other words designating the 'Department of Public Health' or its
officers. + }
SECTION 15. { + Except as otherwise specifically provided in
section 13 of this 2003 Act, sections 1 to 15 and 325 of this
2003 Act and the amendments to and repeal of statutes by sections
16 to 324 and 326 to 516 of this 2003 Act become operative on
January 1, 2004. + }
SECTION 16. ORS 30.801 is amended to read:
30.801. (1) A person may not maintain an action for damages for
injury, death or loss that results from acts or omissions of
another person rendering emergency medical assistance with an
automated external defibrillator.
(2) The provisions of this section do not apply to any person
who renders medical assistance with the expectation of
compensation.
(3) The immunity provided by this section applies only if:
(a) Before using an automated external defibrillator, the
person using the defibrillator has received instruction in the
use of defibrillators and in cardiopulmonary resuscitation in a
course approved by the Department of { - Human Services - }
{ + Public Health + };
(b) The person using an automated external defibrillator on
another person calls 9-1-1 or such other emergency phone number
serving the area as soon as possible after use of the
defibrillator, and provides all information on the use of the
defibrillator requested by the emergency medical service
provider, as defined in ORS 41.685, or health care provider that
assumes responsibility for the care of the person on whom the
defibrillator was used;
(c) The automated external defibrillator has been maintained
and tested in the manner required by the manufacturer's
guidelines;
(d) The person that acquired and maintains the automated
external defibrillator has sought medical direction from a
licensed physician in the use of the defibrillator and in
cardiopulmonary resuscitation; and
(e) The person that acquired and maintains the automated
external defibrillator has contacted at least one local emergency
medical service provider, as defined in ORS 41.685, serving the
area in which the defibrillator is used and has notified that
organization of the location of the defibrillator.
(4) The immunity provided by this section applies to a person
that acquires and maintains an automated external defibrillator,
a person who uses the defibrillator on another person, a person
that provides instruction in the use of defibrillators and in
cardiopulmonary resuscitation pursuant to the requirements in
subsection (3)(a) of this section, a physician who provides
medical direction in the use of the defibrillator and in
cardiopulmonary resuscitation pursuant to the requirements in
subsection (3)(d) of this section and any person that owns or
exercises control over the property where the defibrillator is
used.
(5) Use of an automated external defibrillator is medical care
for the purposes of ORS 30.800. Subject to the requirements of
ORS 30.800, a person providing emergency medical assistance
through the use of an automated external defibrillator may claim
the immunity provided by ORS 30.800 if the person is not entitled
to the immunity provided under the provisions of this section.
(6) As used in this section, 'emergency medical assistance '
has the meaning given that term in ORS 30.800.
SECTION 17. ORS 92.337 is amended to read:
92.337. (1) The Real Estate Commissioner shall grant an
exemption pursuant to this section if a subdivider or series
partitioner submits on a form prepared by the commissioner,
verification that:
(a) The subdivision or series partition is recorded pursuant to
ORS 92.010 to 92.190;
(b) Each lot or parcel is situated on a surfaced roadway which,
together with means for operation and maintenance, meets the
standards of the governing body of the local jurisdiction and is
either a concrete or asphalt surface road which has right of way
and improvements, including curbs and necessary and adequate
drainage structures, or a road which meets alternative standards
of the governing body of the local jurisdiction;
(c) The subdivision or series partition, where necessary, has
drainage structures and fill designed to prevent flooding and
approved by the appropriate governing body;
(d) Energy sources and telephone services for normal domestic
use are economically available to the subdivision or series
partition and are ready for hookup for each lot or parcel at time
of sale or lease;
(e) Water is available for each lot or parcel at the time of
sale or lease of each lot or parcel in quantity and quality for
domestic use as determined by the Department of { - Human
Services - } { + Public Health + };
(f) A municipally owned disposal system, an individual or
collective subsurface sewage disposal system to serve the lot or
parcel, or a privately owned sewage disposal system is available
for each lot or parcel at the time of sale or lease of each lot
or parcel which meets the requirements of the Environmental
Quality Commission;
(g) A surety bond, or bonds, or other security or agreements to
complete the improvements is provided by the subdivider or series
partitioner to the city or county having jurisdiction so that all
of the subdivision or series partition improvements committed by
the subdivider or series partitioner to the city or county will
be completed; and
(h) Provisions, satisfactory to the commissioner, have been
made for satisfaction of all liens and encumbrances existing
against the subdivision or series partition which secure or
evidence the payment of money.
(2) A subdivision or series partition granted exemption under
this section shall be exempt from the provisions of ORS 92.305 to
92.495 and 92.820 except ORS 92.375, 92.385, 92.425, 92.427,
92.430, 92.433, 92.455, 92.460, 92.465, 92.475, 92.485, 92.490
and 92.495.
(3) The commissioner may withdraw the exemption provided by
this section if the commissioner determines that the subdivider
or series partitioner has provided false information or omitted
to state material facts to obtain the exemption or has failed to
comply with any provision to which the subdivider or series
partitioner is subject under subsections (1) and (2) of this
section.
(4) In the event that any provision under subsection (1) of
this section is not or cannot be satisfied and without invoking
the power granted under subsection (3) of this section, the
commissioner and the subdivider or series partitioner may
mutually agree in writing upon a written disclosure of the
condition that shall be provided to any prospective purchaser
prior to the sale or lease of any interest in the subdivision or
series partition to carry out the public policy stated in ORS
92.313.
(5) The form required by subsection (1) of this section shall
be accompanied by a filing fee of $100 plus $10 for each lot,
parcel or interest in the subdivision or series partition, with a
maximum fee of $500.
(6) For purposes of verification by the subdivider or series
partitioner under subsection (1)(b), (c) and (g) of this section,
a copy of the conditions imposed by the appropriate governing
body will be sufficient.
SECTION 18. ORS 97.210 is amended to read:
97.210. The body of any person who died of smallpox,
diphtheria, scarlet fever or other disease that the Department of
{ - Human Services - } { + Public Health + }, by rule, may
prescribe, shall not be subject to the provisions of ORS 97.170
to 97.200.
SECTION 19. ORS 97.958 is amended to read:
97.958. (1) If, at or near the time of death of a hospitalized
patient, there is no medical record that the patient has
authorized an anatomical gift, the hospital administrator or a
representative designated by the administrator shall discuss with
the patient and family members the option to make or refuse to
make an anatomical gift. The administrator or representative may
request the making of an anatomical gift under ORS 97.952 or
97.954. The request must be made with reasonable discretion and
sensitivity to the circumstances of the family. A request is not
required if the gift is not suitable, based upon accepted medical
standards. An entry must be made in the medical record of the
patient, stating the name and affiliation of the person making
the request and the name, response and relationship to the
patient of the individual to whom the request was made. The
Department of
{ - Human Services - } { + Public Health + } shall adopt
rules to implement this subsection.
(2) The following persons shall, circumstances permitting, make
a reasonable search for a document of anatomical gift or other
information identifying the bearer as a donor or as an individual
who has refused to make an anatomical gift:
(a) A law enforcement officer, firefighter, paramedic or other
emergency rescuer who finds an individual whom the rescuer
believes to be dead or near death; and
(b) A hospital, upon the admission of an individual at or near
the time of death, if there is not immediately available any
other source of that information.
(3) If a document of anatomical gift is located by the search
required by subsection (2)(a) of this section, and the individual
is taken to a hospital, the hospital must be notified of the
contents of the document, if any, and the document must be sent
to the hospital.
(4) If, at or near the time of death of a patient, a hospital
knows that an anatomical gift has been authorized under ORS
97.952 or 97.954, or a release and removal of a part has been
permitted under ORS 97.956, or that a patient or an individual in
transit to the hospital is identified as a donor, the hospital
shall notify an appropriate procurement organization. The
hospital shall cooperate in the implementation of the anatomical
gift or release and removal of a part.
(5) A person who fails to discharge the duties imposed by this
section is not subject to criminal or civil liability.
SECTION 20. ORS 106.041 is amended to read:
106.041. (1) All persons wishing to enter into a marriage
contract shall obtain a license therefor from the county clerk
upon application, directed to any person or religious
organization or congregation authorized by ORS 106.120 to
solemnize marriages, and authorizing such person, organization or
congregation to join together as husband and wife the persons
named in the license.
(2) No license shall be issued by the county clerk until the
provisions of this section, ORS 106.050 and 106.060 are complied
with.
(3) Each applicant for marriage license shall file with the
county clerk from whom the license is sought a written
application for the license on forms provided for this purpose by
the Department of { - Human Services - } { + Public
Health + } which shall include the applicant's Social Security
number, certain statistical data regarding age, place of birth,
sex, occupation, residence and previous marital status of the
applicant and, if required, the name and address of the affiant
under ORS 106.050.
(4) A license issued after July 13, 1995, must contain the
following statement: 'Neither you nor your spouse is the property
of the other. The laws of the State of Oregon affirm your right
to enter into marriage and at the same time to live within the
marriage free from violence and abuse. '
SECTION 21. ORS 109.094 is amended to read:
109.094. Upon the paternity of a child being established in the
proceedings, the father shall have the same rights as a father
who is or was married to the mother of the child. The clerk of
the court shall certify the fact of paternity to the Center for
Health Statistics of the Department of { - Human Services - }
{ + Public Health + }, and the Center for Health Statistics
shall prepare a new birth certificate for the child.
SECTION 22. ORS 109.096 is amended to read:
109.096. (1) When the paternity of a child has not been
established under ORS 109.070, the putative father shall be
entitled to reasonable notice in adoption, juvenile court, or
other court proceedings concerning the custody of the child if
the petitioner knows, or by the exercise of ordinary diligence
should have known:
(a) That the child resided with the putative father at any time
during the 60 days immediately preceding the initiation of the
proceeding, or at any time since the child's birth if the child
is less than 60 days old when the proceeding is initiated; or
(b) That the putative father repeatedly has contributed or
tried to contribute to the support of the child during the year
immediately preceding the initiation of the proceeding, or during
the period since the child's birth if the child is less than one
year old when the proceeding is initiated.
(2) Except as provided in subsection (3) or (4) of this
section, a verified statement of the mother of the child or of
the petitioner, or an affidavit of another person with knowledge
of the facts, filed in the proceeding and asserting that the
child has not resided with the putative father, as provided in
subsection (1)(a) of this section, and that the putative father
has not contributed or tried to contribute to the support of the
child, as provided in subsection (1)(b) of this section, shall be
sufficient proof to enable the court to grant the relief sought
without notice to the putative father.
(3) The putative father shall be entitled to reasonable notice
in a proceeding for the adoption of the child if notice of the
initiation of filiation proceedings as required by ORS 109.225
was on file with the Center for Health Statistics of the
Department of { - Human Services - } { + Public Health + }
prior to the child's being placed in the physical custody of a
person or persons for the purpose of adoption by them. If the
notice of the initiation of filiation proceedings was not on file
at the time of the placement, the putative father shall be barred
from contesting the adoption proceeding.
(4) Except as otherwise provided in subsection (3) of this
section, the putative father shall be entitled to reasonable
notice in juvenile court or other court proceedings if notice of
the initiation of filiation proceedings as required by ORS
109.225 was on file with the Center for Health Statistics prior
to the initiation of the juvenile court or other court
proceedings.
(5) Notice under this section shall not be required to be given
to a putative father who was a party to filiation proceedings
under ORS 109.125 which either were dismissed or resulted in a
finding that he was not the father of the child.
(6) The notice required under this section shall be given in
the manner provided in ORS 109.330.
(7) No notice given under this section need disclose the name
of the mother of the child.
(8) A putative father has the primary responsibility to protect
his rights, and nothing in this section shall be used to set
aside an act of a permanent nature including, but not limited to,
adoption or termination of parental rights, unless the father
establishes within one year after the entry of the final decree
or order fraud on the part of a petitioner in the proceeding with
respect to matters specified in subsections (1) to (5) of this
section.
SECTION 23. ORS 109.225 is amended to read:
109.225. (1) After filing the petition, the petitioner shall
cause the Center for Health Statistics of the Department of
{ - Human Services - } { + Public Health + } to be served by
mail with a notice setting forth the court in which the petition
was filed, the date of the filing therein, the case number, the
full name and address of the child, the date and place of the
child's birth, or if the child is not yet born, the date and
place of the child's conception and the probable date of the
child's birth, the full names and addresses of the child's
alleged parents, and the names and addresses of the petitioner
and of the respondents in the proceedings.
(2) The Center for Health Statistics shall file immediately the
notice, or a copy thereof, with the record of the birth of the
child or in the same manner as its filing of records of birth if
the center does not have a record of the birth. The center shall
only provide the information contained in the notice to persons
whose names appear in the notice or to persons or agencies
showing a legitimate interest in the parent-child relationship
including, but not limited to, parties to adoption, juvenile
court or heirship proceedings.
SECTION 24. ORS 110.318 is amended to read:
110.318. In a proceeding to establish, enforce or modify a
support order or to determine parentage, a tribunal of this state
may exercise personal jurisdiction over a nonresident individual
if:
(1) The individual is personally served with notice within this
state;
(2) The individual submits to the jurisdiction of this state by
consent, by entering a general appearance or by filing a
responsive document having the effect of waiving any contest to
personal jurisdiction;
(3) The individual resided with the child in this state;
(4) The individual resided in this state and provided prenatal
expenses or support for the child;
(5) The child resides in this state as a result of the acts or
directives of the individual;
(6) The individual engaged in sexual intercourse in this state
and the child may have been conceived by that act of intercourse;
(7) The individual asserted parentage in the registry
maintained in this state by the Center for Health Statistics of
the Department of { - Human Services - } { + Public
Health + } by filing a voluntary acknowledgment of paternity
under ORS 109.070; or
(8) There is any other basis consistent with the Constitutions
of the State of Oregon and the United States for the exercise of
personal jurisdiction.
SECTION 25. ORS 135.139 is amended to read:
135.139. (1) When a person has been charged with a crime in
which it appears from the nature of the charge that the
transmission of body fluids from one person to another may have
been involved, the district attorney, upon the request of the
victim or the parent or guardian of a minor or incapacitated
victim, shall seek the consent of the person charged to submit to
a test for HIV and any other communicable disease. In the absence
of such consent or failure to submit to the test, the district
attorney may petition the court for an order requiring the person
charged to submit to a test for HIV and any other communicable
disease.
(2)(a) At the time of an appearance before a circuit court
judge on a criminal charge, the judge shall inform every person
arrested and charged with a crime, in which it appears from the
nature of the charge that the transmission of body fluids from
one person to another may have been involved, of the availability
of testing for HIV and other communicable diseases and shall
cause the alleged victim of such a crime, if any, or a parent or
guardian of the victim, if any, to be notified that testing for
HIV and other communicable diseases is available. The judge shall
inform the person arrested and charged and the victim, or parent
or guardian of the victim, of the availability of counseling
under the circumstances described in subsection (7) of this
section.
(b) Notwithstanding the provisions of ORS 433.045, if the
district attorney files a petition under subsection (1) of this
section, the court shall order the person charged to submit to
testing if the court determines there is probable cause to
believe that:
(A) The person charged committed the crime; and
(B) The victim has received a substantial exposure, as defined
by rule of the Department of { - Human Services - }
{ + Public Health + }.
(3) Notwithstanding the provisions of ORS 433.045, upon
conviction of a person for any crime in which the court
determines from the facts that the transmission of body fluids
from one person to another was involved and if the person has not
been tested pursuant to subsection (2) of this section, the court
shall seek the consent of the convicted person to submit to a
test for HIV and other communicable diseases. In the absence of
such consent or failure to submit to the test, the court shall
order the convicted person to submit to the test if the victim of
the crime, or a parent or guardian of the victim, requests the
court to make such order.
(4) When a test is ordered under subsection (2) or (3) of this
section, the victim of the crime or a parent or guardian of the
victim, shall designate an attending physician to receive such
information on behalf of the victim.
(5) If an HIV test results in a negative reaction, the court
may order the person to submit to another HIV test six months
after the first test was administered.
(6) The result of any test ordered under this section is not a
public record and shall be available only to:
(a) The victim.
(b) The parent or guardian of a minor or incapacitated victim.
(c) The attending physician who is licensed to practice
medicine.
(d) The Department of { - Human Services - } { + Public
Health + }.
(e) The person tested.
(7) If an HIV test ordered under this section results in a
positive reaction, the individual subject to the test shall
receive post-test counseling as required by the Department of
{ - Human Services - } { + Public Health + }, by rule. The
results of HIV tests ordered under this section shall be reported
to the department { - of Human Services - } . Counseling and
referral for appropriate health care, testing and support
services as directed by the Director of
{ - Human Services - } { + Public Health + } shall be
provided to the victim or victims at the request of the victim or
victims, or the parent or guardian of a minor or incapacitated
victim.
(8) The costs of testing and counseling provided under
subsections (2), (3) and (7) of this section shall be paid
through the compensation for crime victims program authorized by
ORS 147.005 to 147.375 from amounts appropriated for such
purposes. Restitution to the state for payment of the costs of
any counseling provided under this section and for payment of the
costs of any test ordered under this section shall be included by
the court in any order requiring the convicted person to pay
restitution.
(9) When a court orders a convicted person to submit to a test
under this section, the withdrawal of blood may be performed only
by a physician licensed to practice medicine or by a licensed
health care provider acting within the provider's licensed scope
of practice or acting under the supervision of a physician
licensed to practice medicine.
(10) No person authorized by subsection (9) of this section to
withdraw blood, no person assisting in the performance of the
test nor any medical care facility where blood is withdrawn or
tested that has been ordered by the court to withdraw or test
blood shall be liable in any civil or criminal action when the
act is performed in a reasonable manner according to generally
accepted medical practices.
(11) The results of tests or reports, or information therein,
obtained under this section shall be confidential and shall not
be divulged to any person not authorized by this section to
receive the information. Any violation of this subsection is a
Class C misdemeanor.
(12) As used in this section:
(a) 'HIV test' means a test as defined in ORS 433.045.
(b) 'Parent or guardian of the victim' means a custodial parent
or legal guardian of a victim who is a minor or incapacitated
person.
(c) 'Positive reaction' means a positive HIV test with a
positive confirmatory test result as specified by the Department
of { - Human Services - } { + Public Health + }.
(d) 'Transmission of body fluids' means the transfer of blood,
semen, vaginal secretions or other body fluids identified by rule
of the Department of { - Human Services - } { + Public
Health + }, from the perpetrator of a crime to the mucous
membranes or potentially broken skin of the victim.
(e) 'Victim' means the person or persons to whom transmission
of body fluids from the perpetrator of the crime occurred or was
likely to have occurred in the course of the crime.
SECTION 26. ORS 169.076 is amended to read:
169.076. Each local correctional facility shall:
(1) Provide sufficient staff to perform all audio and visual
functions involving security, control, custody and supervision of
all confined detainees and prisoners, with personal inspection at
least once each hour. Such supervision may include the use of
electronic monitoring equipment when approved by the Department
of Corrections and the governing body of the area in which the
facility is located.
(2) Have a comprehensive written policy with respect to:
(a) Legal confinement authority.
(b) Denial of admission.
(c) Telephone calls.
(d) Admission and release medical procedures.
(e) Medication and prescriptions.
(f) Personal property accountability which complies with ORS
133.455.
(g) Vermin and communicable disease control.
(h) Release process to include authority, identification and
return of personal property.
(i) Rules of the facility governing correspondence and
visitations.
(3) Formulate and publish plans to meet emergencies involving
escape, riots, assaults, fires, rebellions and other types of
emergencies; and regulations for the operation of the facility.
(4) Not administer any physical punishment to any prisoner at
any time.
(5) Provide for emergency medical and dental health, having
written policies providing for:
(a) Licensed physician review of the facility's medical and
dental plans.
(b) The security of medication and medical supplies.
(c) A medical and dental record system to include request for
medical and dental attention, treatment prescribed,
prescriptions, special diets and other services provided.
(d) First aid supplies and staff first aid training.
(6) Prohibit firearms from the security area of the facility
except in times of emergency as determined by the administrator
of the facility.
(7) { - Insure - } { + Ensure + } that confined detainees
and prisoners:
(a) Will be fed daily at least three meals served at regular
times, with no more than 14 hours between meals except when
routinely absent from the facility for work or other such
purposes.
(b) Will be fed nutritionally adequate meals in accordance with
a plan reviewed by a registered dietician or the Department of
{ - Human Services - } { + Public Health + }.
(c) Be provided special diets as prescribed by the designated
facility physician.
(d) Shall have food procured, stored, prepared, distributed and
served under sanitary conditions, as defined by the Department of
{ - Human Services - } { + Public Health + } rules as
authorized by ORS 624.100.
(8) { - Insure - } { + Ensure + } that the facility be
clean, and provide each confined detainee or prisoner:
(a) Materials to maintain personal hygiene.
(b) Clean clothing twice weekly.
(c) Mattresses and blankets that are clean and fire-retardant.
(9) Require each prisoner to shower at least twice weekly.
(10) Forward, without examination or censorship, each
prisoner's outgoing written communications to the Governor, jail
administrator, Attorney General, judge, Department of Corrections
or the attorney of the prisoner.
(11) Keep the facility safe and secure in accordance with the
State of Oregon Structural Specialty Code and Fire and Life
Safety Code.
(12) Have and provide each prisoner with written rules for
inmate conduct and disciplinary procedures. If a prisoner cannot
read or is unable to understand the written rules, the
information shall be conveyed to the prisoner orally.
(13) Not restrict the free exercise of religion unless failure
to impose the restriction will cause a threat to facility or
order.
(14) Safeguard and { - insure - } { + ensure + } that the
prisoner's legal rights to access to legal materials are
protected.
SECTION 27. ORS 199.461 is amended to read:
199.461. (1) When the boundary commission receives a petition
in a boundary change proceeding or an application for any
proceeding allowed under ORS 199.464, it shall:
(a) Cause a study to be made of the proposal.
(b) Conduct one or more public hearings on the proposal.
(2) After the study and hearings, the boundary commission may
alter the boundaries set out in a petition for formation or a
minor boundary change of a city or district or in a petition for
consolidation of cities so as either to include or exclude
territory. If the commission determines that any land has been
improperly omitted from the proposal and that the owner of the
land has not appeared at the hearing, in person or by a
representative designated in writing, the commission shall
continue the hearing on the petition and shall order notice given
to the nonappearing owner requiring appearance of the owner
before the commission to show cause, if any, why the land should
not be included in the proposal. For minor boundary change
modifications, notice to nonappearing owners may be given by
personal service or by letter sent by first-class mail, at least
10 days prior to the date to which the hearing has been
continued. For major boundary change modifications, notice to
nonappearing owners may be given by personal service, by letter
sent by first-class mail or by a legal advertisement in a
newspaper of general circulation in the area at least 15 days
prior to the date to which the hearing has been continued. The
required notice may be waived by the nonappearing owner.
(3) After the study and hearings the boundary commission may
alter the application for extraterritorial sewer or water line
extensions to include or exclude line and connections thereto,
and may alter the application for formation of a privately owned
sewer or water system or allocation of territory to a community
water supply system to include or exclude territory. If the
commission determines that any land has been improperly omitted
from a proposal to form a private water or sewer system or
allocate territory to a community water system, or that any line
or connections have been improperly omitted from a proposal to
extend extraterritorially a water or sewer line, and that the
owner of the property to be included or to which the line is
being extended has not appeared at the hearing, in person or by a
representative designated in writing, the commission shall
continue the hearing on the proposal and shall order notice given
to the nonappearing owner requiring appearance of the owner
before the commission to show cause, if any, why the land or line
or connection should not be included in the proposal. Notice to
nonappearing owners may be given by personal service or by letter
sent by first-class mail, at least 10 days prior to the date to
which the hearing has been continued. The required notice may be
waived by the nonappearing owner.
(4) On the basis of the study and on the basis of the facts
presented at the hearing, the boundary commission shall approve
the proposed boundary change or application under ORS 199.464 as
presented or as modified by the commission or disapprove the
proposed change, by an order stating the reasons for the decision
of the commission. Jurisdiction for judicial review of such an
order is conferred upon the Court of Appeals. Except as provided
in ORS 183.315 (1), any person interested in a boundary change
may petition for judicial review of the order under ORS 183.482.
(5) Immediately after the effective date of a final order
entered under subsection (4) of this section and a proclamation
declaring a minor boundary change approved if any is entered
under ORS 199.505 (3), the commission shall file a copy of the
order and proclamation, if any, with the Secretary of State, the
Department of Revenue, the assessor and the county clerk of each
county in which the affected territory, city or district is
located, and the clerk of the affected city or district. If the
commission disapproves a minor boundary change, it shall send a
copy of the final order to the person who actually filed the
petition and to the affected city or district.
(6) Immediately after the effective date of a final order on an
application under ORS 199.464, the commission shall file a copy
of the order with the applicant, the Department of { - Human
Services - } { + Public Health + }, the Department of
Environmental Quality and the county planning department.
SECTION 28. ORS 247.570 is amended to read:
247.570. The Department of { - Human Services - }
{ + Public Health + }, during the last week of each month, shall
furnish to the Secretary of State a list of the name, age, county
of residence and residence address of each resident of this state
who has died during the preceding month. The Secretary of State
shall furnish a copy of the appropriate names to each county
clerk. Each county clerk immediately shall cancel registrations
of those individuals.
SECTION 29. ORS 285A.213 is amended to read:
285A.213. (1) There is established in the State Treasury,
separate and distinct from the General Fund, the Safe Drinking
Water Revolving Loan Fund. All moneys in the Safe Drinking Water
Revolving Loan Fund are continuously appropriated to the Economic
and Community Development Department.
(2) The Economic and Community Development Department shall
administer the Safe Drinking Water Revolving Loan Fund in
accordance with a memorandum of understanding between the
department and the Department of { - Human Services - }
{ + Public Health + }.
(3) The Safe Drinking Water Revolving Loan Fund shall consist
of:
(a) Moneys transferred to the fund by the Department of
{ - Human Services - } { + Public Health + } for purposes
authorized by the memorandum of understanding between the
Department of { - Human Services - } { + Public Health + }
and the Economic and Community Development Department.
(b) Moneys transferred to the fund by the federal government,
other state agencies or local governments.
(c) Moneys transferred to the fund by the Legislative Assembly
or the Oregon Economic and Community Development Commission.
(d) Proceeds from the sale of revenue bonds.
(e) Repayment of financial assistance provided with moneys from
the fund.
(f) Interest and other earnings on moneys in the fund.
(4) Moneys in the Safe Drinking Water Revolving Loan Fund shall
be used to provide financial or other assistance to publicly
owned and privately owned water systems under the Safe Drinking
Water Act Amendments of 1996, P.L. 104-182, and rules of the
Economic and Community Development Department. As used in this
subsection, 'assistance' includes direct purchase by the Economic
and Community Development Department of goods or services related
to a water system project to the extent permitted by the
memorandum of understanding between the Economic and Community
Development Department and the Department of { - Human
Services - } { + Public Health + }, the Safe Drinking Water Act
Amendments of 1996, and as authorized by rules of the Economic
and Community Development Department.
SECTION 30. ORS 408.305 is amended to read:
408.305. As used in ORS 408.305 to 408.340, unless the context
requires otherwise:
(1) 'Agent Blue' means the herbicide composed primarily of
cacodylic acid (organic arsenic) and inorganic arsenic.
(2) 'Agent Orange' means the herbicide composed primarily of
trichlorophenoxyacetic acid and dichlorophenoxyacetic acid.
(3) 'Agent White' means any herbicide composed primarily of 2,
4, D and picloram.
(4) 'Causative agent' includes Agent Blue, Agent Orange, Agent
White and any other combination of chemicals consisting primarily
of 2, 4, D or 2, 4, 5, T or any other chemical or biological
agent used by any government involved in the Vietnam Conflict, or
diseases endemic to Southeast Asia, including, but not limited
to, the disease known as melioidosis.
(5) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(6) 'Veteran' means any individual who resides in this state,
who served on active duty in the Armed Forces of the United
States for a period of not less than 180 days any part of which
occurred between January 1, 1962, and May 7, 1975, within the
borders of Vietnam, Cambodia, Laos or Thailand, and who was
either a resident of this state at the time of enlistment,
induction or other entry into the Armed Forces or became a bona
fide resident of Oregon prior to April 1, 1981.
SECTION 31. ORS 408.310 is amended to read:
408.310. (1) A physician who has primary responsibility for the
treatment of a veteran who may have been exposed to causative
agents while serving in the Armed Forces of the United States or
for the treatment of a veteran's spouse, surviving spouse or
minor child who may be exhibiting symptoms or conditions that may
be attributable to the veteran's exposure to causative agents
shall, at the request and direction of the veteran, veteran's
spouse or surviving spouse or the parent or guardian of such
minor child, submit a report to the Department of { - Human
Services - } { + Public Health + }. The report shall be made on
a form adopted by the department and made available to physicians
and hospitals in this state.
(2) If there is no physician having primary responsibility for
the treatment of a veteran, veteran's spouse, surviving spouse or
minor child, then the senior medical supervisor of the hospital
or clinic treating the veteran, veteran's spouse, surviving
spouse or minor child shall submit the report described in this
section to the department at the request and direction of the
veteran, veteran's spouse or surviving spouse or the parent or
legal guardian of a veteran's minor child.
(3) The form adopted by the department under this section shall
list the symptoms commonly attributed to exposure to causative
agents, and shall require the following information:
(a) Symptoms of the patient which may be related to exposure to
causative agents.
(b) A diagnosis of the patient's condition.
(c) Methods of treatment prescribed.
(d) Any other information required by the department.
(4) The department, after receiving a report from a physician,
hospital or clinic under this section, may require the veteran,
veteran's spouse, surviving spouse or minor child to provide such
other information as may be required by the department.
SECTION 32. ORS 408.325 is amended to read:
408.325. (1) The Department of { - Human Services - }
{ + Public Health + } and the Oregon Public Health Advisory
Board shall institute a cooperative program to refer veterans to
appropriate state and federal agencies for the purpose of filing
claims to remedy medical and financial problems caused by
exposure to causative agents.
(2) The Director of { - Human Services - } { + Public
Health + }, after receiving the recommendations of the advisory
board, shall adopt rules to provide for the administration and
operation of programs authorized by ORS 408.300 to 408.340. The
director { - of Human Services - } shall cooperate with
appropriate state and federal agencies in providing services
under ORS 408.300 to 408.340.
SECTION 33. ORS 416.430 is amended to read:
416.430. (1) The administrator may establish paternity of a
child in the course of a support proceeding under ORS 416.400 to
416.470 when both parents sign statements that paternity has not
been legally established and that the male parent is the father
of the child. The administrator may enter an order which
establishes paternity.
(2) If the parent fails to file a response denying paternity
and requesting a hearing within the time period allowed in ORS
416.415 (2), then the administrator, without further notice to
the parent, may enter an order, in accordance with ORS 416.415
(7), which declares and establishes the parent as the legal
father of the child.
(3) Any order entered pursuant to subsection (1) or (2) of this
section establishes legal paternity for all purposes. The Center
for Health Statistics of the Department of { - Human
Services - } { + Public Health + } shall prepare a new birth
certificate in the new name, if any, of the child. The original
birth certificate shall be sealed and filed and may be opened
only upon order of a court of competent jurisdiction.
(4)(a) If paternity is alleged under ORS 416.415 (3) and a
written response denying paternity and requesting a hearing is
received within the time period allowed in ORS 416.415 (2), or if
the administrator determines that there is a valid issue with
respect to paternity of the child, the administrator, subject to
the provisions of subsections (5) and (6) of this section, shall
certify the matter to the circuit court for a determination based
upon the contents of the file and any evidence which may be
produced at trial. The proceedings in court shall for all
purposes be deemed suits in equity. The provisions of ORS 109.145
to 109.230 apply to proceedings certified to court by the
administrator pursuant to this section.
(b) Any response denying paternity and requesting a hearing
shall be sent by the enforcement office to the obligee by regular
mail.
(5) An action to establish paternity initiated under ORS
416.400 to 416.470 shall not be certified to court for trial
unless all of the following have occurred:
(a) Blood tests have been conducted;
(b) The results of the blood tests have been served upon the
parties and notice has been given that an order establishing
paternity will be entered unless a written objection is received
within 30 days; and
(c) A written objection to the entry of an order has been
timely received from a party.
(6) Notwithstanding the provisions of subsection (5) of this
section, the administrator:
(a) Shall certify the matter to court:
(A) Within 30 days of receipt by the administrator of a timely
written objection to the entry of an order by a party under
subsection (5)(c) of this section;
(B) When a party requests certification in writing after the
administrator has received a party's written denial of paternity
if at least 120 days have elapsed from receipt of the denial; or
(C) Upon receipt of blood test results with a cumulative
paternity index of less than 99; and
(b) May certify the matter to court at any time under any other
circumstances.
(7) If the blood tests conducted under ORS 109.250 to 109.262
result in a cumulative paternity index of 99 or greater, evidence
of the tests, together with the testimony of the parent, shall be
a sufficient basis upon which to establish paternity and the
administrator may enter an order declaring the alleged father as
the legal father of the child unless a party objects in writing
to the entry of the order. The testimony of the parent may be
presented by affidavit.
(8) Prior to certification to court, the administrator may
attempt to resolve the issue of paternity by discovery conducted
under the Oregon Rules of Civil Procedure. Unless otherwise
specifically provided by statute, the proceedings shall be
conducted under the Oregon Rules of Civil Procedure.
(9) When, in accordance with subsection (6)(a)(A) of this
section, a party objects to the entry of an order and the blood
tests conducted under ORS 109.250 to 109.262 result in a
cumulative paternity index of 99 or greater, notwithstanding the
party's objection, evidence of the tests, together with the
testimony of a parent, is a sufficient basis upon which to
presume paternity for purposes of establishing temporary support
under this section. The court shall, upon motion of any party,
enter a temporary order requiring the alleged father to provide
support pending the determination of parentage by the court. In
determining the amount of support, the court shall use the
formula established under ORS 25.275.
SECTION 34. ORS 418.756 is amended to read:
418.756. There is established a Youth Suicide Prevention
Coordinator within the Department of { - Human Services - }
{ + Public Health + }. The coordinator shall:
(1) Facilitate the development of a statewide strategic plan to
address youth suicide;
(2) Improve outreach to special populations of youth that are
at risk for suicide; and
(3) Provide technical assistance to state and local partners
and coordinate interagency efforts to establish prevention and
intervention strategies.
SECTION 35. ORS 222.120 is amended to read:
222.120. (1) Except when expressly required to do so by the
city charter, the legislative body of a city is not required to
submit a proposal for annexation of territory to the electors of
the city for their approval or rejection.
(2) When the legislative body of the city elects to dispense
with submitting the question of the proposed annexation to the
electors of the city, the legislative body of the city shall fix
a day for a public hearing before the legislative body at which
time the electors of the city may appear and be heard on the
question of annexation.
(3) The city legislative body shall cause notice of the hearing
to be published once each week for two successive weeks prior to
the day of hearing, in a newspaper of general circulation in the
city, and shall cause notices of the hearing to be posted in four
public places in the city for a like period.
(4) After the hearing, the city legislative body may, by an
ordinance containing a legal description of the territory in
question:
(a) Declare that the territory is annexed to the city upon the
condition that the majority of the votes cast in the territory is
in favor of annexation;
(b) Declare that the territory is annexed to the city
{ - where - } { + when + } electors or landowners in the
contiguous territory consented in writing to such annexation, as
provided in ORS 222.125 or 222.170, prior to the public hearing
held under subsection (2) of this section; or
(c) Declare that the territory is annexed to the city
{ - where - } { + when + } the Department of { - Human
Services - } { + Public Health + }, prior to the public hearing
held under subsection { - (1) - } { + (2) + } of this
section, has issued a finding that a danger to public health
exists because of conditions within the territory as provided by
ORS 222.840 to 222.915.
(5) If the territory described in the ordinance issued under
subsection (4) of this section is a part less than the entire
area of a district named in ORS 222.510, the ordinance may also
declare that the territory is withdrawn from the district on the
effective date of the annexation or on any subsequent date
specified in the ordinance. However, if the affected district is
a district named in ORS 222.465, the effective date of the
withdrawal of territory shall be determined as provided in ORS
222.465.
(6) The ordinance referred to in subsection (4) of this section
is subject to referendum.
(7) For the purpose of this section, ORS 222.125 and 222.170, '
owner' or 'landowner' means the legal owner of record or,
{ - where - } { + when + } there is a recorded land contract
which is in force, the purchaser thereunder. If there is a
multiple ownership in a parcel of land each consenting owner
shall be counted as a fraction to the same extent as the interest
of the owner in the land bears in relation to the interest of the
other owners and the same fraction shall be applied to the
parcel's land mass and assessed value for purposes of the consent
petition. If a corporation owns land in territory proposed to be
annexed, the corporation shall be considered the individual owner
of that land.
SECTION 36. ORS 222.850 is amended to read:
222.850. As used in ORS 222.840 to 222.915, unless the context
requires otherwise:
(1) 'Affected territory' means an area within the urban growth
boundary of a city and which is otherwise eligible for annexation
to that city and in which there exists an actual or alleged
danger to public health.
(2) 'City council' means the legislative body of a city.
(3) 'Commission' means the Environmental Quality Commission.
(4) 'Danger to public health' means a condition which is
conducive to the propagation of communicable or contagious
disease-producing organisms and which presents a reasonably clear
possibility that the public generally is being exposed to
disease-caused physical suffering or illness, including a
condition such as:
(a) Impure or inadequate domestic water.
(b) Inadequate installations for the disposal or treatment of
sewage, garbage or other contaminated or putrifying waste.
(c) Inadequate improvements for drainage of surface water and
other fluid substances.
(5) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(6) 'Director' means the Director of { - Human Services - }
{ + Public Health + }.
(7) 'District' means any one of the following:
(a) A metropolitan service district formed under ORS chapter
268.
(b) A county service district formed under ORS chapter 451.
(c) A sanitary district formed under ORS 450.005 to 450.245.
(d) A sanitary authority, water authority or joint water and
sanitary authority formed under ORS 450.600 to 450.989.
(e) A domestic water supply district formed under ORS chapter
264.
SECTION 37. ORS 222.860 is amended to read:
222.860. (1) The city council of any city shall adopt a
resolution containing a proposal for annexation without vote or
consent in the affected territory. The proposal may contain terms
of annexation as provided in ORS 222.111 and shall:
(a) Describe the boundaries of the affected territory; and
(b) Describe the conditions alleged to be causing a danger to
public health.
(2) The governing body of any district having jurisdiction over
the affected territory may adopt a resolution containing a
proposal for annexation to the city without vote or consent in
the affected territory. The proposal shall:
(a) Describe the boundaries of the affected territory; and
(b) Describe the conditions alleged to be causing a danger to
public health.
(3) The local board of health having jurisdiction shall verify
the conditions alleged in the proposal to be causing a danger to
public health, based upon its knowledge of those conditions.
(4) The council or governing body shall cause a certified copy
of the resolution together with verification by the local board
of health having jurisdiction, to be forwarded to the Department
of { - Human Services - } { + Public Health + } and request
the department to ascertain whether conditions dangerous to
public health exist in the affected territory.
SECTION 38. ORS 222.870 is amended to read:
222.870. (1) Upon receipt of the certified copy of the
resolution, and verification by the local board of health having
jurisdiction, the Department of { - Human Services - }
{ + Public Health + } shall review and investigate conditions in
the affected territory. If it finds substantial evidence that a
danger to public health exists in the territory, it shall issue
an order for a hearing to be held within the affected territory,
or at a place near the affected territory if there is no suitable
place within that territory at which to hold the hearing, not
sooner than 30 days from the date of the order.
(2) Upon issuance of an order for a hearing, the department
shall immediately give notice of the resolution and order by
publishing them in a newspaper of general circulation within the
city and the affected territory once each week for two successive
weeks and by posting copies of the order in four public places
within the affected territory.
SECTION 39. ORS 222.875 is amended to read:
222.875. (1) The hearing shall be for the sole purpose of
determining whether a danger to public health exists due to
conditions in the affected territory. It may be conducted by one
or more members of the staff of the Department of { - Human
Services - } { + Public Health + } to whom authority to conduct
such a hearing is delegated. It shall proceed in accordance with
rules which may be established by the department. Any person who
may be affected by the finding, including residents of the city,
may be heard. Within 60 days following the hearing, the person
conducting the hearing shall prepare and submit to the department
written findings of fact and recommendations based thereon. The
department shall publish a notice of the issuance of such
findings and recommendations in the newspaper utilized for the
notice of hearing under ORS 222.870, advising of the opportunity
for presentation of a petition under subsection (2) of this
section.
(2) Within 15 days after the publication of notice of issuance
of findings in accordance with subsection (1) of this section any
person who may be affected by the findings, including residents
of the city, or the affected city, may petition the Director of
{ - Human Services - } { + Public Health + } according to
rules of the department to present written or oral arguments on
the proposal. If a petition is received the director may set a
time and place for receipt of argument.
SECTION 40. ORS 222.880 is amended to read:
222.880. (1) Within 30 days following the final hearing of any
arguments received by petition under the provisions of ORS
222.875 (2) the Director of { - Human Services - } { + Public
Health + } shall review the arguments and the findings and
recommendations of the person conducting the hearing as provided
in ORS 222.875 (2). If the director finds no danger to public
health exists because of conditions within the affected
territory, the director shall issue an order terminating the
proceedings under ORS 222.840 to 222.915 with reference to the
affected territory.
(2) If the director finds that a danger to public health exists
because of conditions within the affected territory, the director
shall file a certified copy of findings with the city and, except
where the condition causing the danger to public health is impure
or inadequate domestic water, with the Environmental Quality
Commission.
(3) If the director determines that a danger to public health
exists because of conditions within only part of the affected
territory, the director may, upon petition and hearing, reduce
the boundaries of the affected territory to that part of the
territory that presents a danger if the area to be excluded would
not be surrounded by the affected territory remaining to be
annexed and would not be directly served by the sanitary, water
or other facilities necessary to remove or alleviate the danger
to public health existing within the affected territory remaining
to be annexed. The findings shall describe the boundaries of the
affected territory as reduced by the director. The director shall
file a certified copy of findings with the city and, except where
the condition causing the danger to public health is impure or
inadequate domestic water, the commission.
(4) In determining whether to exclude any area the director may
consider whether or not such exclusion would unduly interfere
with the removal or alleviation of the danger to public health in
the affected territory remaining to be annexed and whether the
exclusion would result in an illogical boundary for the extension
of services normally provided by an incorporated city.
(5) The city shall, when requested, aid in the determinations
made under subsections (3) and (4) of this section and, if
necessary, cause a study to be made.
(6) Notwithstanding ORS 222.111 (3), the director, in
implementing an order under ORS 222.840 to 222.915, may allow the
use of the tax differential authorized by ORS 222.111 (3) for a
period not exceeding 15 years with the consent of the affected
city.
SECTION 41. ORS 222.883 is amended to read:
222.883. At any time after the Director of { - Human
Services - } { + Public Health + } under ORS 222.880 finds that
conditions dangerous to public health exist, the Department of
{ - Human Services - } { + Public Health + } may order further
proceedings on the findings filed under ORS 222.880 halted in
order to allow a city, district or persons affected by the
findings to develop and propose an alternative plan to annexation
for the removal or alleviation of the conditions dangerous to
public health. Proceedings may be stayed under this section for
not longer than 30 days.
SECTION 42. ORS 222.885 is amended to read:
222.885. (1) Within 60 days after the Director of { - Human
Services - } { + Public Health + } under ORS 222.880 finds that
conditions dangerous to public health exist, a petition, signed
by not less than 51 percent of the electors registered in the
affected territory, may be filed with the Department of
{ - Human Services - } { + Public Health + }. Such petition
shall suggest an alternative plan to annexation to the city for
removal or alleviation of the conditions dangerous to public
health. The petition shall state the intent of the residents to
seek annexation to an existing district authorized by law to
provide facilities within the affected territory necessary to
remove or alleviate the dangerous conditions or to seek, with the
approval of the city or district, extraterritorial extension of a
city's or district's sewer or water lines. The petition shall be
accompanied by a proposed plan which shall state the type of
facilities to be constructed, a proposed means of financing the
facilities, and an estimate of the time required to construct
such facilities and place them in operation.
(2) Within 30 days after the director under ORS 222.880 finds
that conditions dangerous to public health exist, a resolution
adopted by the city council or the governing body of any district
having jurisdiction over the affected territory may be filed with
the department. The resolution shall suggest an alternative plan
to annexation to the city for removal or alleviation of the
conditions dangerous to public health. The resolution shall be
accompanied by a proposed plan which shall state the type of
facilities to be constructed, a proposed means of financing the
facilities, and an estimate of the time required to construct
such facilities and place them in operation.
(3) Upon receipt of such petition or resolution adopted by a
district or city council, the department shall:
(a) Immediately forward copies of any petition or resolution to
the city or district referred to in the petition or resolution,
and, except where the condition causing the danger to public
health is impure or inadequate domestic water, to the
Environmental Quality Commission.
(b) Order further proceedings on the findings filed under ORS
222.880 stayed pending the review permitted under ORS 222.890 and
this section.
SECTION 43. ORS 222.890 is amended to read:
222.890. (1) An alternative plan referred to in ORS 222.885
shall be reviewed by the Department of { - Human Services - }
{ + Public Health + } in cases where danger to public health is
caused by impure or inadequate domestic water and in all other
cases by the Environmental Quality Commission. The plan shall be
approved or rejected by the appropriate authority. In reviewing
the alternative plan contained in the petition, the authority
shall consider whether, in its judgment, the plan contains a
preferable alternative for the alleviation or removal of the
conditions dangerous to public health. If it determines that
annexation to the city provides the best and most expeditious
method of removing or alleviating the dangerous conditions, the
alternative plan shall be rejected and further proceedings on the
finding filed under ORS 222.880 shall resume.
(2) If the reviewing authority finds that the alternative plan
provides a preferable method of alleviating or removing the
dangerous conditions, the petitioners or appropriate governing
body shall have six months within which to present to such
authority information showing:
(a) That the territory in which the conditions dangerous to
public health exist has received approval for the extension of a
city's or district's sewer or water lines within the territory or
has annexed to a district authorized by law to provide facilities
necessary to remove or alleviate the dangerous conditions, and
that financing of the facilities for extension of such facilities
to the territory has been assured.
(b) Detailed plans and specifications for the construction of
such facilities.
(c) A time schedule for the construction of such facilities.
(d) That such facilities, if constructed, will remove or
alleviate the conditions dangerous to public health in a manner
as satisfactory and expeditious as would be accomplished by the
proposed annexation to the city.
(3) The authority shall review the final plan presented to it
by the petitioners, city or district and shall promptly certify
whether the requirements of subsection (2) of this section have
been met. If the requirements have been met, the
{ - department - } { + authority + } shall certify the
alternative plan. Further annexation proceedings on the findings
filed under ORS 222.880 shall be suspended and the city shall be
so notified. If the requirements of subsection (2) of this
section are not met by the petitioners, city or district or
whenever the reviewing authority determines that the requirements
of the certified plan are not being satisfied, further
proceedings on the findings filed under ORS 222.880 shall resume.
SECTION 44. ORS 222.897 is amended to read:
222.897. (1) Upon receipt of a certified copy of the findings
of the Department of { - Human Services - } { + Public
Health + } under ORS 222.880, the city council shall cause a
study to be made and preliminary plans and specifications
developed for the sanitary, water or other facilities necessary
to remove or alleviate the conditions causing a danger to public
health. The council shall prepare a schedule setting out the
steps necessary to put the plan into operation and the time
required for each step in the implementation of the plan. A copy
of the plans and specifications and the time schedule shall, in
the case where the danger to public health is caused by impure or
inadequate domestic water, be submitted to the department and in
all other cases to the Environmental Quality Commission.
(2) If the city within 90 days, fails to complete the
requirements in subsection (1) of this section, the department
shall conduct the necessary studies and prepare plans and other
documents required for the consideration of the proposal and the
final determination of the proceedings. The expense of the study
and preparation of the plans and other documents shall be paid by
the city upon vouchers properly certified by the Director of
{ - Human Services - } { + Public Health + }.
SECTION 45. ORS 222.900 is amended to read:
222.900. (1) Subject to subsection (2) of this section, upon
receipt of the certified copy of the finding as provided in ORS
222.880 (2) or (3) and certification of approval of plans under
ORS 222.898, the city council shall adopt an ordinance which
shall:
(a) Contain the legal description of the territory annexed;
(b) Contain the terms of the annexation, if any, made under ORS
222.111;
(c) Adopt the plans, specifications and time schedule as
approved by the Department of { - Human Services - }
{ + Public Health + } or { + the + } Environmental Quality
Commission; and
(d) Declare the territory annexed to the city in accordance
with ORS 222.840 to 222.915.
(2) An ordinance shall not be enacted as provided in subsection
(1) of this section until the expiration of the time for appeal
under the provisions of ORS 222.896 and, in the event an appeal
is filed, following the determination of that appeal.
(3) If the department makes its finding under ORS 222.880 (3),
the city shall not annex a greater area than that described in
the finding. The recorder, or other officer performing the duties
of the recorder, shall transmit a transcript to the Secretary of
State, including certified copies of the resolution required in
ORS 222.860, the finding of the Director of { - Human
Services - } { + Public Health + }, and the ordinance
proclaiming annexation of the territory.
(4) If the city council adopts the ordinance of annexation as
provided in subsection (1) of this section, it shall within one
year thereafter prepare plans and specifications for the
sanitary, water or other facilities proposed to be provided in
the annexed area, in compliance with ORS 448.115 to 448.285 or
468B.055 and shall then proceed in accordance with the time
schedule to construct or install these facilities. The commission
shall use its powers of enforcement under ORS 448.305, 454.010 to
454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to
454.755, and ORS chapters 468, 468A and 468B to { - insure - }
{ + ensure + } that the facilities are constructed or installed
in conformance with the approved plans and schedule. The manner
of financing the cost of the facilities shall be determined by
the city council.
SECTION 46. ORS 222.911 is amended to read:
222.911. No officer or employee of the Department of
{ - Human Services - } { + Public Health + } who owns property
or resides within affected territory that is subject to
proceedings under the provisions of ORS 222.840 to 222.915 shall
participate in an official capacity in any investigation, hearing
or recommendation relating to such proceedings. If the Director
of { - Human Services - } { + Public Health + } is such a
person, the director shall so inform the Governor, who shall
appoint another person to fulfill the duties of the director in
any investigation, hearing or recommendation relating to such
proceeding.
SECTION 47. ORS 431.035 is amended to read:
431.035. (1) The Director of { - Human Services - }
{ + Public Health + } may delegate to any of the officers and
employees of the Department of { - Human Services - } { +
Public Health + } the exercise or discharge in the director's
name of any power, duty or function of whatever character vested
in or imposed upon the director by the laws of Oregon. However,
the power to administer oaths and affirmations, subpoena
witnesses, take evidence and require the production of books,
papers, correspondence, memoranda, agreements or other documents
or records may be exercised by an officer or employee of the
department only when specifically delegated in writing by the
director.
(2) The official act of any such person so acting in the
director's name and by the authority of the director shall be
deemed to be an official act of the director.
SECTION 48. ORS 431.045 is amended to read:
431.045. The Director of { - Human Services - } { + Public
Health + } shall appoint a physician licensed by the Board of
Medical Examiners for the State of Oregon and certified by the
American Board of Preventive Medicine who shall serve as the
Public Health Officer and be responsible for the medical and
paramedical aspects of the health programs within the
Department { + of Public Health + }.
SECTION 49. ORS 431.110 is amended to read:
431.110. Subject to ORS 417.300 and 417.305, the Department of
{ - Human Services - } { + Public Health + } shall:
(1) Have direct supervision of all matters relating to the
preservation of life and health of the people of the state.
(2) Keep the vital statistics and other health related
statistics of the state.
(3) Make sanitary surveys and investigations and inquiries
respecting the causes and prevention of diseases, especially of
epidemics.
(4) Investigate, conduct hearings and issue findings in
connection with annexations proposed by cities as provided in ORS
222.840 to 222.915.
(5) Have full power in the control of all communicable
diseases.
(6) Have authority to send a representative of the department
to any part of the state when deemed necessary.
(7) From time to time, publish and distribute to the public in
such form as the department determines, such information as in
its judgment may be useful in carrying on the work or purposes
for which the department was established.
{ - (8) Carry out the duties imposed on the department under
ORS chapter 690. - }
SECTION 50. ORS 431.120 is amended to read:
431.120. The Department of { - Human Services - }
{ + Public Health + } shall:
(1) Enforce state health policies and rules.
(2) Have the custody of all books, papers, documents and other
property belonging to the State Health Commission, which may be
deposited in the department's office.
(3) Give such instructions as may be necessary, and forward
them to the various local public health administrators throughout
the state.
(4) Routinely conduct epidemiological investigations for each
case of sudden infant death syndrome including, but not limited
to, the identification of risk factors such as birth weight,
maternal age, prenatal care, history of apnea and socioeconomic
characteristics. The department may conduct such investigations
through local health departments only upon adoption by rule of a
uniform epidemiological data collection method.
(5) Adopt rules, related to loans and grants awarded under ORS
285B.410 to 285B.479 or 541.700 to 541.855 for the improvement of
drinking water systems for the purpose of maintaining compliance
with applicable state and federal drinking water quality
standards. In adopting rules under this subsection, the
Department of { - Human Services - } { + Public Health + }
shall coordinate the department's rulemaking process with the
Water Resources Department and the Economic and Community
Development Department in order to { - assure - }
{ + ensure + } that rules adopted under this subsection are
consistent with rules adopted under ORS 285B.467 and 541.845.
{ - (6) Control health care capital expenditures by
administering the state certificate of need program pursuant to
ORS 442.325 to 442.344. - }
SECTION 51. ORS 431.140 is amended to read:
431.140. All state and local officers and employees, including
peace officers, shall enforce rules adopted by the Department of
{ - Human Services relating to public health and other health
matters subject to the authority of the Director of Human
Services - } { + Public Health + }.
SECTION 52. ORS 431.150 is amended to read:
431.150. (1) The local public health administrators are charged
with the strict and thorough enforcement of the public health
laws of this state in their districts, under the supervision and
direction of the Department of { - Human Services - }
{ + Public Health + }. They shall make an immediate report to
the department of any violation of such laws coming to their
notice by observation, or upon the complaint of any person, or
otherwise.
(2) The department is charged with the thorough and efficient
execution of the public health laws of this state in every part
of the state, and with supervisory powers over all local public
health administrators, to the end that all the requirements are
complied with.
(3) The department may investigate cases of irregularity or
violation of law. All local public health administrators shall
aid the department, upon request, in such investigation.
(4) When any case of violation of the public health laws of
this state is reported to any district attorney or official
acting in said capacity, such official shall forthwith initiate
and promptly follow up the necessary proceedings against the
parties responsible for the alleged violations of law.
(5) Upon request of the department, the Attorney General shall
likewise assist in the enforcement of the public health laws of
this state.
SECTION 53. ORS 431.155 is amended to read:
431.155. (1) Whenever it appears to the Department of
{ - Human Services - } { + Public Health + } that any person
is engaged or about to engage in any acts or practices that
constitute a violation of any statute { - relating to public
health - } administered by the department, or any rule or order
issued thereunder, the department may institute proceedings in
the circuit courts to enforce obedience thereto by injunction, or
by other processes, mandatory or otherwise, restraining such
person, or its officers, agents, employees and representatives
from further violation of such statute, rule or order, and
enjoining upon them obedience thereto.
(2) The provisions of this section are in addition to and not
in substitution of any other enforcement provisions contained in
any statute administered by the department.
SECTION 54. ORS 431.180 is amended to read:
431.180. Nothing in the public health laws shall be construed
to empower or authorize the Department of { - Human
Services - } { + Public Health + } or its representatives, or
any county or district board of health or its representatives to
interfere in any manner with the individual's right to select the
physician or mode of treatment of the choice of the individual,
nor interfere with the practice of any person whose religion
treats or administers to the sick or suffering by purely
spiritual means. However, sanitary laws and rules must be
complied with.
SECTION 55. ORS 431.210 is amended to read:
431.210. (1) There is established in the General Fund the
Public Health Account, classified separately as to federal and
other moneys.
(2) All fines, fees, penalties, federal apportionments or
contributions and other moneys received by the Department of
{ - Human Services relating to public health - } { + Public
Health + } shall be turned over to the State Treasurer not later
than the 10th day of the calendar month next succeeding their
receipt by the department and shall be credited to the Public
Health Account.
(3) All moneys credited to the Public Health Account hereby are
appropriated and made available for the payment of expenses of
the department.
SECTION 56. ORS 431.220 is amended to read:
431.220. The Department { + of Public Health + } shall keep a
record of all moneys deposited in the Public Health Account. This
record shall indicate by separate cumulative accounts the source
from which the moneys are derived and the individual activity or
program against which each withdrawal is charged.
SECTION 57. ORS 431.230 is amended to read:
431.230. (1) The Director of { - Human Services - }
{ + Public Health + } may request the Oregon Department of
Administrative Services to, and when so requested, the Oregon
Department of Administrative Services shall, draw a payment on
the Public Health Account in favor of the Director of { - Human
Services - } { + Public Health + } in a sum not exceeding
$25,000, which sum shall be used by the director as an emergency
or revolving fund.
(2) The emergency or revolving fund shall be deposited with the
State Treasurer, and shall be at the disposal of the Director of
{ - Human Services - } { + Public Health + }. It may be used
to pay advances for salaries, travel expenses or any other proper
claim against, or expense of, { - the Health Division, - } the
Department of { - Human Services or the health-related
licensing boards for whom the department provides accounting
services - } { + Public Health + }.
(3) Claims for reimbursement of advances paid from the
emergency or revolving fund shall be submitted to the Department
{ + of Public Health + } for approval. When such claims are so
approved, payments covering them shall be drawn in favor of the
Director of
{ - Human Services - } { + Public Health + } and charged
against the appropriate fund or account, and shall be used to
reimburse the emergency or revolving fund.
(4) The Department { + of Public Health + } may establish
petty cash funds within the emergency or revolving fund by
drawing checks upon the emergency or revolving fund payable to
the custodians of the petty cash funds.
SECTION 58. ORS 431.270 is amended to read:
431.270. (1) The Department of { - Human Services - }
{ + Public Health + } shall educate residents of this state
about:
(a) The need for bone marrow donors;
(b) The procedures required to become registered as a potential
bone marrow donor, including procedures for determining a
person's tissue type; and
(c) The medical procedures a donor must undergo to donate bone
marrow or other sources of blood stem cells.
(2) The Department of { - Human Services - } { + Public
Health + } shall make special efforts to educate and recruit
citizens of Oregon with a special emphasis on minority
populations to volunteer as potential bone marrow donors. Means
of communication may include use of press, radio and television,
and placement of educational materials in appropriate health care
facilities, blood banks and state and local agencies. The
Department of { - Human Services - } { + Public Health + } in
conjunction with the Department of Transportation shall make
educational materials available at all places where driver
licenses are issued or renewed.
SECTION 59. ORS 431.310 is amended to read:
431.310. (1) For the better protection of the public health the
laboratory of the Department of { - Human Services - }
{ + Public Health + } shall make bacteriological and other
examinations of water, milk, blood, secretions or tissues
required by any state, county or city institution, or officer,
and may make such examinations for any licensed physician in
accordance with the rules of the department.
(2) The department shall establish by rule and collect fees for
tests performed in the state public health laboratory, not to
exceed:
(a) $50 per test for tests other than newborn screening tests;
and
(b) $30 per specimen for newborn screening tests.
(3) All money received for such tests shall be deposited in the
Public Health Account to be used for expenses of the state public
health laboratory.
SECTION 60. ORS 431.330 is amended to read:
431.330. (1) The Conference of Local Health Officials is
created. The conference shall consist of all local health
officers and public health administrators, appointed pursuant to
ORS 431.418 and such other local health personnel as may be
included by the rules of the conference.
(2) The Conference of Local Health Officials shall select one
of its members as chairperson, another as vice chairperson and
another as secretary with such powers and duties necessary to the
performance of the functions of such offices as the conference
shall determine. The chairperson, after consultation with the
Director of { - Human Services - } { + Public Health + },
shall appoint from the conference membership an executive
committee. The executive committee with the chairperson shall
advise the director in the administration of ORS 431.330 to
431.350.
SECTION 61. ORS 431.335 is amended to read:
431.335. (1) The Conference of Local Health Officials shall
meet at least annually at a place, day and hour determined by the
executive committee and the Director of { - Human Services - }
{ + Public Health + }. The conference may meet specially at such
other times as the director or the executive committee considers
necessary.
(2) The director shall cause at least 10 days' notice of each
meeting date to be given to the members. The chairperson or an
authorized representative of the chairperson shall preside at all
meetings of the conference.
(3) Each conference member shall receive from the local board
which the conference member represents from funds available under
ORS 431.510, the actual and necessary travel and other expenses
incurred by the conference member in attendance at no more than
two meetings of the conference per year. Additionally, subject to
applicable law regulating travel and other expenses for state
officers, a local health official who is a member of the
executive committee of the conference or who is the chairperson
shall receive from funds available to the Department of
{ - Human Services - } { + Public Health + }, actual and
necessary travel and other expenses for attendance at no more
than six meetings per year of the executive committee called by
the department.
SECTION 62. ORS 431.340 is amended to read:
431.340. The Conference of Local Health Officials may submit to
the Department of { - Human Services - } { + Public
Health + } such recommendations on the rules and standards
specified in ORS 431.345 and 431.350.
SECTION 63. ORS 431.345 is amended to read:
431.345. In order to establish criteria for local boards of
health to qualify for such financial assistance as may be made
available, the Department of { - Human Services - }
{ + Public Health + }, upon receipt of written approval from the
Conference of Local Health Officials shall adopt minimum
standards governing:
(1) Education and experience for professional and technical
personnel employed in local health departments, such standards to
be consistent with any applicable merit system.
(2) Organization, operation and extent of activities which are
required or expected of local health departments to carry out
their responsibilities in implementing the public health laws of
this state and the rules of the Department of { - Human
Services - } { + Public Health + }.
SECTION 64. ORS 431.350 is amended to read:
431.350. Upon receipt of written approval from the Conference
of Local Health Officials the Department of { - Human
Services - } { + Public Health + } shall adopt rules necessary
for the administration of ORS 431.330 to 431.350.
SECTION 65. ORS 431.375 is amended to read:
431.375. (1) The Legislative Assembly of the State of Oregon
finds that each citizen of this state is entitled to basic public
health services which promote and preserve the health of the
people of Oregon. To provide for basic public health services the
state, in partnership with county governments, shall maintain and
improve public health services through county or district
administered public health programs.
(2) County governments or health districts established under
ORS 431.414 are the local public health authority responsible for
management of local public health services unless the county
contracts with private persons or an agency to act as the local
public health authority or the county relinquishes authority to
the state. If authority is relinquished, the state may then
contract with private persons or an agency or perform the
services.
(3) All expenditure of public funds utilized to provide public
health services on the local level must be approved by the local
public health authority unless the county has relinquished
authority to the state or an exception has been approved by the
Department of { - Human Services - } { + Public Health + }
with the concurrence of the Conference of Local Health Officials.
SECTION 66. ORS 431.380 is amended to read:
431.380. (1) From funds available to the Department of
{ - Human Services - } { + Public Health + } for local public
health purposes, regardless of the source, the department shall
provide payments to the local public health authority on a per
capita or other equitable formula basis to be used for public
health services. Funding formulas shall be determined by the
department with the concurrence of the Conference of Local Health
Officials.
(2) With respect to counties that have established joint public
health services with another county, either by agreement or the
formation of a district board of health, distribution of funds
made available under the provisions of this section shall be
prorated to such counties as provided by agreement or under ORS
431.510.
SECTION 67. ORS 431.385 is amended to read:
431.385. (1) The local public health authority shall submit an
annual plan to the Department of { - Human Services - }
{ + Public Health + } for performing services pursuant to ORS
431.375 to 431.385 and 431.416. The annual plan shall be
submitted no later than May 1 of each year or on a date mutually
agreeable to the department and the local public health
authority.
(2) If the local public health authority decides not to submit
an annual plan under the provisions of ORS 431.375 to 431.385 and
431.416, the department shall become the local public health
authority for that county or health district.
(3) The department shall review and approve or disapprove each
plan. Variances to the local public health plan must be approved
by the department. In consultation with the Conference of Local
Health Officials, the department shall establish the elements of
a plan and an appeals process whereby a local health authority
may obtain a hearing if its plan is disapproved.
SECTION 68. ORS 431.415 is amended to read:
431.415. (1) The district or county board of health is the
policymaking body of the county or district in implementing the
duties of local departments of health under ORS 431.416.
(2) The district or county board of health shall adopt rules
necessary to carry out its policies under subsection (1) of this
section. The county or district board of health shall adopt no
rule or policy which is inconsistent with or less strict than any
public health law or rule of the Department of { - Human
Services - } { + Public Health + }.
(3) With the permission of the county governing body, a county
board may, and with the permission of the governing bodies of the
counties involved, a district board may, adopt schedules of fees
for public health services reasonably calculated not to exceed
the cost of the services performed. The { + local + } health
department shall charge fees in accordance with such schedule or
schedules adopted.
SECTION 69. ORS 431.416 is amended to read:
431.416. The local public health authority or health district
shall:
(1) Administer and enforce the rules of the local public health
authority or the health district and public health laws and rules
of the Department of { - Human Services - } { + Public
Health + }.
(2) Assure activities necessary for the preservation of health
or prevention of disease in the area under its jurisdiction as
provided in the annual plan of the authority or district are
performed. These activities shall include but not be limited to:
(a) Epidemiology and control of preventable diseases and
disorders;
(b) Parent and child health services, including family planning
clinics as described in ORS 435.205;
(c) Collection and reporting of health statistics;
(d) Health information and referral services; and
(e) Environmental health services.
SECTION 70. ORS 431.418 is amended to read:
431.418. (1) Each district board of health shall appoint a
qualified public health administrator to supervise the activities
of the district in accordance with law. Each county governing
body in a county that has created a county board of health under
ORS 431.412 shall appoint a qualified public health administrator
to supervise the activities of the county health department in
accordance with law. In making such appointment, the district or
county board of health shall consider standards for selection of
administrators prescribed by the Department of { - Human
Services - } { + Public Health + }.
(2) Where the public health administrator is a physician
licensed by the Board of Medical Examiners for the State of
Oregon, the administrator shall serve as health officer for the
district or county board of health. Where the public health
administrator is not a physician licensed by the Board of Medical
Examiners for the State of Oregon, the administrator will employ
or otherwise contract for services with a health officer who
shall be a licensed physician and who will perform those specific
medical responsibilities requiring the services of a physician
and shall be responsible to the public health administrator for
the medical and paramedical aspects of the health programs.
(3) The public health administrator shall:
(a) Serve as the executive secretary of the district or county
health board, act as the administrator of the district or county
health department and supervise the officers and employees
appointed under paragraph (b) of this subsection.
(b) Appoint with the approval of the health board,
administrators, medical officers, public health nurses,
sanitarians and such other employees as are necessary to carry
out the duties and responsibilities of the office.
(c) Provide the board at appropriate intervals information
concerning the activities of the department and submit an annual
budget for the approval of the county governing body except that,
in the case of the district public health administrator, the
budget shall be submitted to the governing bodies of the
participating counties for approval.
(d) Act as the agent of the Department of { - Human
Services - } { + Public Health + } in enforcing state public
health laws and rules of the department { - of Human
Services - } , including such sanitary inspection of hospitals
and related institutions as may be requested by the department
{ - of Human Services - } .
(e) Perform such other duties as may be required by law.
(4) The public health administrator shall serve until removed
by the appointing board. The public health administrator shall
engage in no occupation which conflicts with official duties and
shall devote sufficient time to duties as public health
administrator as may be necessary to fulfill the requirements of
subsection (3) of this section. However, if the board of health
is not created under ORS 431.412, it may, with the approval of
the Director of { - Human Services - } { + Public Health + },
require less than full-time service of the public health
administrator.
(5) The public health administrator shall receive a salary
fixed by the appointing board and shall be reimbursed for actual
and necessary expenses incurred in the performance of duties.
SECTION 71. ORS 431.530 is amended to read:
431.530. (1) The local public health administrator may take any
action which the Department of { - Human Services - }
{ + Public Health + } or { - its - } { + the + } Director
{ + of Public Health + } could have taken, if an emergency
endangering the public health occurs within the jurisdiction of
any local public health administrator and:
(a) The circumstances of the emergency are such that the
department or { - its - } { + the + } director cannot take
action in time to meet the emergency; and
(b) Delay in taking action to meet the emergency will increase
the hazard to public health.
(2) Any local public health administrator who acts under
subsection (1) of this section shall report the facts
constituting the emergency and any action taken under the
authority granted by subsection (1) of this section to the
Director of { - Human Services - } { + Public Health + } by
the fastest possible means.
SECTION 72. ORS 431.550 is amended to read:
431.550. Nothing in ORS 431.412, 431.418 and this section shall
be construed to limit the authority of the Department of
{ - Human Services - } { + Public Health + } to require facts
and statistics from local public health administrators under its
general supervisory power over all matters relating to the
preservation of life and health of the people of the state.
SECTION 73. ORS 431.705 is amended to read:
431.705. As used in ORS 431.705 to 431.760, unless the context
requires otherwise:
(1) 'Affected territory' means an area that is the subject of a
proceedings under ORS 431.705 to 431.760 where there is a danger
to public health or an alleged danger to public health.
(2) 'Boundary commission' means a local government boundary
commission created under ORS 199.410 to 199.430, 199.435 to
199.464, 199.480 to 199.505 and 199.510.
(3) 'Commission' means the Environmental Quality Commission.
(4) 'Danger to public health' means a condition which is
conducive to the propagation of communicable or contagious
disease-producing organisms and which presents a reasonably clear
possibility that the public generally is being exposed to
disease-caused physical suffering or illness, including a
condition such as:
(a) Impure or inadequate domestic water.
(b) Inadequate installations for the disposal or treatment of
sewage, garbage or other contaminated or putrefying waste.
(c) Inadequate improvements for drainage of surface water and
other fluid substances.
(5) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(6) 'Director' means the Director of { - Human Services - }
{ + Public Health + }.
(7) 'District' means any one of the following:
(a) A metropolitan service district formed under ORS chapter
268.
(b) A county service district formed under ORS chapter 451.
(c) A sanitary district formed under ORS 450.005 to 450.245.
(d) A sanitary authority, water authority or joint water and
sanitary authority formed under ORS 450.600 to 450.989.
(e) A domestic water supply district formed under ORS chapter
264.
(8) 'Requesting body' means the county court, or local or
district board of health that makes a request under ORS 431.715.
(9) 'Service facilities' means water or sewer installations or
works.
SECTION 74. ORS 431.710 is amended to read:
431.710. (1) ORS 431.705 to 431.760 shall not apply if the
affected territory could be subject to an annexation proceeding
under ORS 222.840 to 222.915.
(2) If the Department of { - Human Services - } { + Public
Health + }, in accordance with ORS 431.705 to 431.760, finds that
a danger to public health exists within the affected territory
and that such danger could be removed or alleviated by the
construction, maintenance and operation of service facilities,
the department shall initiate proceedings for the formation of or
annexation to a district to serve the affected territory. If the
affected territory is located within a district that has the
authority to provide the service facilities, the department shall
order the district to provide service facilities in the affected
territory.
SECTION 75. ORS 431.715 is amended to read:
431.715. (1) The county court or the local or district board of
health having jurisdiction over territory where it believes
conditions dangerous to the public health exist shall adopt a
resolution requesting the Department of { - Human Services - }
{ + Public Health + } to initiate proceedings for the formation
of a district or annexation of territory to, or delivery of
appropriate water or sewer services by, an existing district
without vote or consent in the affected territory. The resolution
shall:
(a) Describe the boundaries of the affected territory;
(b) Describe the conditions alleged to be causing a danger to
public health;
(c) Request the department to ascertain whether conditions
dangerous to public health exist in the affected territory and
whether such conditions could be removed or alleviated by the
provision of service facilities; and either
(d) Recommend a district that the affected territory could be
included in or annexed to for the purpose of providing the
requested service facilities; or
(e) Recommend that an existing district provide service
facilities in the affected territory.
(2) The requesting body shall cause a certified copy of the
resolution, together with the time schedule and preliminary plans
and specifications, prepared in accordance with subsection (3) of
this section, to be forwarded to the department.
(3) The requesting body shall cause a study to be made and
preliminary plans and specifications prepared for the service
facilities considered necessary to remove or alleviate the
conditions causing a danger to public health. The requesting body
shall prepare a schedule setting out the steps necessary to put
the facilities into operation and the time required for each step
in implementation of the plans.
(4) If the preliminary plans involve facilities that are
subject to the jurisdiction of the Environmental Quality
Commission, a copy of the documents submitted to the department
under subsection (2) of this section shall be submitted to the
commission for review, in accordance with ORS 431.725, of those
facilities that are subject to its jurisdiction. No order or
findings shall be adopted under ORS 431.735 or 431.756 until the
plans of the requesting body for such facilities, if any, have
been approved by the commission.
SECTION 76. ORS 431.720 is amended to read:
431.720. (1) Upon receipt of the documents submitted under ORS
431.715 (4), the Environmental Quality Commission shall review
them to determine whether the conditions dangerous to public
health within the affected territory could be removed or
alleviated by the provision of service facilities that are
subject to the jurisdiction of the commission.
(2) If the commission considers such proposed facilities and
the time schedule for installation of such facilities adequate to
remove or alleviate the dangerous conditions, it shall approve
the part of the plans that are subject to its jurisdiction and
certify its approval to the Department of { - Human
Services - } { + Public Health + }.
(3) If the commission considers the proposed facilities or time
schedule inadequate, it shall disapprove the part of the plans
that are subject to its jurisdiction and certify its disapproval
to the department. The commission shall also inform the
requesting body of its approval or disapproval and, in case of
disapproval, of the particular matters causing the disapproval.
The requesting body may then submit additional or revised plans.
SECTION 77. ORS 431.725 is amended to read:
431.725. (1) Upon receipt of the certified copy of a resolution
adopted under ORS 431.715, the Department of { - Human
Services - } { + Public Health + } shall contact the requesting
body within 30 days of receipt of the request and schedule the
review and investigation of conditions in the affected territory.
The department shall review and investigate conditions in the
affected territory in accordance with the agreed upon schedule
unless both parties agree to an extension. If it finds
substantial evidence that a danger to public health exists in the
territory, it shall issue an order setting a time and place for a
hearing on the resolution. The hearing shall be held within the
affected territory, or at a place near the territory if there is
no suitable place within the territory at which to hold the
hearing, not less than 30 or more than 50 days after the date of
the order.
(2) Upon issuance of an order for a hearing, the department
shall immediately give notice of the time and place of the
hearing on the resolution by publishing the order and resolution
in a newspaper of general circulation within the territory once
each week for two successive weeks and by posting copies of the
order in four public places within the territory prior to the
hearing.
SECTION 78. ORS 431.730 is amended to read:
431.730. (1) At the hearing on the resolution, any interested
person shall be given a reasonable opportunity to be heard or to
present written statements. The hearing shall be for the sole
purpose of determining whether a danger to public health exists
due to conditions in the affected territory and whether such
conditions could be removed or alleviated by the provision of
service facilities. Hearings under this section shall be
conducted by a hearing officer assigned from the Hearing Officer
Panel established under section 3, chapter 849, Oregon Laws 1999.
It shall be conducted in accordance with the provisions of ORS
183.310 to 183.550. The Department of { - Human Services - }
{ + Public Health + } shall publish a notice of the issuance of
said findings and recommendations in the newspaper utilized for
the notice of hearing under ORS 431.725 (2) advising of the
opportunity for presentation of a petition under subsection (2)
of this section.
(2) Within 15 days after the publication of notice of issuance
of findings in accordance with subsection (1) of this section,
any person who may be affected by the findings, or the affected
district, may petition the Director of { - Human Services - }
{ + Public Health + } according to rules of the department to
present written or oral arguments relative to the proposal. If a
petition is received, the director may set a time and place for
receipt of argument.
SECTION 79. ORS 431.730, as amended by section 82, chapter 849,
Oregon Laws 1999, is amended to read:
431.730. (1) At the hearing on the resolution, any interested
person shall be given a reasonable opportunity to be heard or to
present written statements. The hearing shall be for the sole
purpose of determining whether a danger to public health exists
due to conditions in the affected territory and whether such
conditions could be removed or alleviated by the provision of
service facilities. Hearings under this section shall be
conducted by the Director of { - Human Services - }
{ + Public Health + } or by a hearing officer designated by the
director. It shall be conducted in accordance with the provisions
of ORS 183.310 to 183.550. The Department of { - Human
Services - } { + Public Health + } shall publish a notice of
the issuance of said findings and recommendations in the
newspaper utilized for the notice of hearing under ORS 431.725
(2) advising of the opportunity for presentation of a petition
under subsection (2) of this section.
(2) Within 15 days after the publication of notice of issuance
of findings in accordance with subsection (1) of this section,
any person who may be affected by the findings, or the affected
district, may petition the director according to rules of the
department to present written or oral arguments relative to the
proposal. If a petition is received, the director may set a time
and place for receipt of argument.
SECTION 80. ORS 431.735 is amended to read:
431.735. (1) If the Director of { - Human Services - } { +
Public Health + } after investigation finds that no danger to
public health exists because of conditions within the affected
territory, or that such a danger does exist but the conditions
causing it could not be removed or alleviated by the provision of
service facilities, the director shall issue an order terminating
the proceedings under ORS 431.705 to 431.760 with reference to
the affected territory.
(2) If the director finds, after investigation and the hearing
required by ORS 431.725, that a danger to public health exists
because of conditions within the territory, and that such
conditions could be removed or alleviated by the provisions of
service facilities in accordance with the plans and
specifications and the time schedule proposed, the director shall
enter findings in an order, directed to the officers described by
ORS 431.740, setting out the service facilities to be provided.
(3) If the director determines that a danger to public health
exists because of conditions within only part of the affected
territory, or that such conditions could be removed or alleviated
in only part of the affected territory by the provision of
service facilities, the director may, subject to conditions
stated in ORS 431.705 to 431.760, reduce the boundaries of the
affected territory to that part which presents a danger or in
which the conditions could be removed or alleviated if the area
to be excluded would not be surrounded by the territory remaining
to be annexed and would not be directly served by the sanitary,
water or other facilities necessary to remove or alleviate the
danger to public health existing within the territory remaining
to be annexed. The findings shall describe the boundaries of the
area as reduced by the director.
(4) In determining whether to exclude any area the director may
consider whether or not such exclusion would unduly interfere
with the removal or alleviation of the danger to public health in
the area remaining to be annexed and whether the exclusion would
result in an illogical boundary for the provision of services.
(5) The requesting body or the boundary commission shall, when
requested, aid in the determinations made under subsections (3)
and (4) of this section and, if necessary, cause a study to be
made.
SECTION 81. ORS 431.740 is amended to read:
431.740. (1) If a boundary commission has jurisdiction of the
affected territory, the Director of { - Human Services - }
{ + Public Health + } shall file the findings and order with
such boundary commission. If the affected territory is not
within the jurisdiction of a boundary commission, the director
shall file the findings and order with the county court of the
county having jurisdiction of the territory.
(2) The Department of { - Human Services - } { + Public
Health + } and the Environmental Quality Commission shall use
their applicable powers of enforcement to { - insure - }
{ + ensure + } that the service facilities are constructed or
installed in conformance with the approved plans and schedules.
SECTION 82. ORS 431.745 is amended to read:
431.745. (1) At any time after the adoption of a resolution
under ORS 431.715, a petition, signed by not less than 51 percent
of the electors registered in the affected territory, may be
filed with the Department of { - Human Services - }
{ + Public Health + }. The petition shall suggest an alternative
plan to the proposed formation or annexation for removal or
alleviation of the conditions dangerous to public health. The
petition shall state the intent of the residents to seek
annexation to an existing city or special district authorized by
law to provide service facilities necessary to remove or
alleviate the dangerous conditions. The petition shall be
accompanied by a proposed plan which shall state the type of
facilities to be constructed, a proposed means of financing the
facilities and an estimate of the time required to construct such
facilities and place them in operation.
(2) Upon receipt of the petition, the department shall
immediately forward a copy of the petition to the Environmental
Quality Commission, if the plan accompanying the petition
involves facilities that are subject to the jurisdiction of the
commission. The department also shall forward a copy of the
petition to the requesting body and to the county court or
boundary commission where the department filed its findings under
ORS 431.740 and direct the county court or boundary commission to
stay the proceedings pending the review permitted under this
section and ORS 431.750.
SECTION 83. ORS 431.750 is amended to read:
431.750. (1) If the alternative plan submitted under ORS
431.745 (1) involves service facilities that are subject to the
jurisdiction of the commission, the alternative plan shall be
submitted to and reviewed by the Environmental Quality Commission
and shall be approved or rejected by the commission within 30
days from the date of filing with the Department of { - Human
Services - } { + Public Health + }. In reviewing the alternative
plan, the commission shall consider whether, in its judgment, the
plan contains a preferable alternative for the alleviation or
removal of the conditions dangerous to public health. If the
commission determines that the original plan provides the better
and most expeditious method of removing or alleviating the
dangerous conditions, it shall disapprove the alternative plan
and inform the department of its decision. The department shall
order the proceedings on the finding filed under ORS 431.740 to
resume.
(2) If the commission finds that the alternative plan provides
a preferable method of alleviating or removing the dangerous
conditions, the petitioners shall be granted six months within
which to present to the commission information showing:
(a) That the affected territory has annexed to a city or
special district authorized by law to provide the service
facilities necessary to remove or alleviate the dangerous
conditions, and that the financing of the extension of such
facilities to the territory has been assured.
(b) Detailed plans and specifications for the construction of
such facilities.
(c) A time schedule for the construction of such facilities.
(d) That such facilities, if constructed, will remove or
alleviate the conditions dangerous to public health in a manner
as satisfactory and expeditious as would be accomplished by the
formation or annexation proposed by the original plans.
(3) The commission shall review the plan presented to it by the
petitioners under subsection (2) of this section and shall
promptly certify to the department whether the requirements of
subsection (2) of this section have been met. If the requirements
have been met, the department shall certify the alternative plan
to the county court or boundary commission having jurisdiction
and direct it to proceed in accordance with the alternative plan
and in lieu of the plans filed under ORS 431.740. If the
requirements of subsection (2) of this section are not met by the
petitioners, the department shall certify that fact to the county
court or boundary commission having jurisdiction and direct it to
continue the proceedings on the plans filed under ORS 431.740.
SECTION 84. ORS 431.760 is amended to read:
431.760. (1) A person who owns property or resides within
affected territory that is subject to proceedings under the
provisions of ORS 431.705 to 431.760 shall not participate in an
official capacity in any investigation, hearing or recommendation
relating to such proceedings. If the Director of { - Human
Services - } { + Public Health + } is such a person, the
director shall so inform the Governor, who shall appoint another
person to fulfill the duties of the director in any
investigation, hearing or recommendation relating to the such
proceeding.
(2) Subsection (1) of this section does not excuse a member of
a county court from voting on the order required by ORS 198.792
(2) or 451.445 (1).
SECTION 85. ORS 431.827 is amended to read:
431.827. The Department of { - Human Services - }
{ + Public Health + } shall establish and implement appropriate
education, prevention and outreach activities in communities that
traditionally practice female circumcision, excision or
infibulation for the purpose of informing:
(1) Those communities of the health risks and emotional trauma
inflicted by the practices;
(2) Those communities and the medical community as to the
existence and ramifications of ORS 163.207; and
(3) Those communities that the practices constitute physical
injuries to a child for purposes of ORS 419B.005.
SECTION 86. ORS 431.830 is amended to read:
431.830. (1) The Department of { - Human Services - }
{ + Public Health + } shall establish an acquired immune
deficiency syndrome program:
(a) To provide education and prevention services to its
clients; and
(b) To provide education and prevention services to the public.
(2) Programs authorized by this section may be operated by the
department directly or under contract with public and private
agencies.
SECTION 87. ORS 431.853 is amended to read:
431.853. (1) The Department of { - Human Services - } { +
Public Health + } shall:
(a) Coordinate with law enforcement agencies to conduct random,
unannounced inspections of Oregon wholesalers and retailers of
tobacco products to { - insure - } { + ensure + } compliance
with Oregon laws designed to discourage the use of tobacco by
minors including ORS 163.575, 163.580, 167.400, 167.402 and
431.840; and
(b) Submit a report describing:
(A) The activities carried out to enforce the laws listed in
paragraph (a) of this subsection during the previous fiscal year;
(B) The extent of success achieved in reducing the availability
of tobacco products to minors; and
(C) The strategies to be utilized for enforcing the laws listed
in paragraph (a) of this subsection during the year following the
report.
(2) The Department of { - Human Services - } { + Public
Health + } shall adopt rules concerning random inspections of
places that sell tobacco products consistent with section 1921,
Public Law 102-321, 1992. The rules shall provide that
inspections may take place:
(a) Only in areas open to the public;
(b) Only during hours that tobacco products are sold or
distributed; and
(c) No more frequently than once a month in any single
establishment unless a compliance problem exists or is suspected.
SECTION 88. ORS 431.890 is amended to read:
431.890. (1) The Poison Prevention Task Force is created in the
Poison Center of the Oregon Health and Science University and
consists of five members as follows:
(a) The Medical Director of the Oregon Poison Center or
designee, who shall serve as chairperson.
(b) The Director of { - Human Services - } { + Public
Health + } or a designee.
(c) A pediatrician licensed under ORS chapter 677, appointed by
the Governor.
(d) A chemist from an academic institution, appointed by the
Governor.
(e) A representative of a manufacturer of toxic household
products, appointed by the Governor.
(2) Each member shall serve without compensation.
(3) The task force shall meet as considered necessary by the
chairperson or on the call of three members of the task force.
(4) The task force shall meet for the purposes of reviewing,
granting or denying requests for exemptions from and extensions
of the requirements of ORS 431.870 to 431.915.
(5) The task force shall obtain and evaluate statewide
poisoning incidence and severity data over a period of every two
years for the purpose of making recommendations for the addition
or deletion of products to ORS 431.885.
SECTION 89. ORS 431.915 is amended to read:
431.915. (1) Any person who violates any provision of ORS
431.870 to 431.915 shall be liable for a civil penalty not to
exceed $5,000 for each day of violation, which shall be assessed
and recovered in a civil action brought by the Department of
{ - Human Services - } { + Public Health + }.
(2) All civil penalties collected pursuant to subsection (1) of
this section shall be deposited in the General Fund.
SECTION 90. ORS 431.920 is amended to read:
431.920. The Department of { - Human Services - }
{ + Public Health + } shall:
(1) Develop accreditation programs for training providers;
(2) Prescribe the requirements for and the manner of testing
the competency of license applicants for the protection of the
public and as required by federal law;
(3) Prescribe those actions or circumstances that constitute
failure to achieve or maintain competency, or that otherwise are
contrary to the public interest, for which the { - agency - }
{ + department + } may refuse to issue or renew or may suspend
or revoke a certification;
(4) Develop and conduct programs to screen blood lead levels,
to identify hazards and to educate the public, including parents,
residential dwelling owners and child care facility operators,
about the dangers of lead-based paint hazards and of appropriate
precautions that should be taken to reduce the possibility of
childhood lead poisoning; and
(5) Impose fees to the extent necessary to pay the costs of the
following:
(a) Certification of training curriculums, up to $1,500;
(b) Annual renewal of training providers and curriculums, up to
$500;
(c) Certification of trainers, up to $500;
(d) Annual renewal of trainer's certification, up to $250; and
(e) Certification test, up to $85.
SECTION 91. ORS 431.940 is amended to read:
431.940. (1) The Department of { - Human Services - }
{ + Public Health + } shall adopt by rule standards and a system
of registration for tanning devices. Any entity doing business in
this state as a tanning facility shall register the tanning
devices with the department in a manner prescribed by rule.
(2) The registration shall include payment of an annual
registration fee of, not to exceed per tanning device, $76,
prescribed by rule in an amount sufficient to cover the costs of
administering the regulatory program.
(3) The department may conduct inspections of tanning
facilities to { - insure - } { + ensure + } compliance with
ORS 431.925 to 431.955.
SECTION 92. ORS 431.945 is amended to read:
431.945. (1) A tanning facility shall give each customer a
written statement warning that:
(a) Not wearing the protective eye wear provided to each
customer by the tanning facility may cause damage to the eyes.
(b) Overexposure to the tanning process causes burns.
(c) Repeated exposure to the tanning process may cause skin
cancer or premature aging of the skin, or both.
(d) Abnormal skin sensitivity or burning may result from the
tanning process if the customer is also consuming or using
certain:
(A) Foods.
(B) Cosmetics.
(C) Medications such as tranquilizers, antibiotics, diuretics,
high blood pressure medication, antineoplastics or birth control
pills.
(e) Any person taking a prescription or over-the-counter drug
should consult a physician before using a tanning device.
(2) In addition to giving customers the written statement
required by subsection (1) of this section, the tanning facility
shall post a warning sign in any area where a tanning device is
used. The Department of { - Human Services - } { + Public
Health + } shall adopt by rule the language for the warning sign.
SECTION 93. ORS 431.950 is amended to read:
431.950. The Department of { - Human Services - }
{ + Public Health + } may impose a civil penalty in an amount
not to exceed $500 for a violation of ORS 431.925 to 431.955 or
rules of the department adopted pursuant to ORS 431.925 to
431.955. Civil penalties under this section shall be imposed in
the manner provided by ORS 183.090.
SECTION 94. ORS 431.955 is amended to read:
431.955. Except as otherwise provided by law, all fees and
other moneys received by the Department of { - Human
Services - } { + Public Health + } pursuant to ORS 431.925 to
431.955 shall be paid into the State Treasury and placed to the
credit of the Public Health Account and are continuously
appropriated to the department for the purposes of carrying out
the provisions of ORS 431.925 to 431.955. If moneys received
under ORS 431.925 to 431.955 are in excess of moneys required to
administer the program authorized by ORS 431.925 to 431.955, the
moneys may be used by the department to meet expenses of other
programs administered by the department if an appropriate
expenditure increase is approved by the Emergency Board.
SECTION 95. ORS 431.990 is amended to read:
431.990. Unless otherwise specifically provided by any other
statute, failure to obey any rules { - relating to public
health - } of the Department of { - Human Services - }
{ + Public Health + } or failure to obey any lawful written
order { - relating to public health - } issued by the Director
of { - Human Services - } { + Public Health + } or any
district or county public health administrator is a Class A
misdemeanor.
SECTION 96. ORS 432.005 is amended to read:
432.005. As used in this chapter, unless the context requires
otherwise:
(1) 'Dead body' means a human body or such parts of such human
body from the condition of which it reasonably may be concluded
that death occurred.
(2) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(3) 'Director' means the Director of { - Human Services - }
{ + Public Health + }.
(4) 'Divorce' means dissolution of a marriage.
(5) 'Fetal death' means death prior to the complete expulsion
or extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy. The death is indicated
by the fact that after such expulsion or extraction the fetus
does not breathe or show any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of the voluntary muscles.
(6) 'File' means the presentation and acceptance of a vital
record or vital report provided for in this chapter by the Center
for Health Statistics.
(7) 'Final disposition' means the burial, interment, cremation,
removal from the state or other authorized disposition of a dead
body or fetus, except that when removal from the state is
conducted by the holder of a certificate of removal registration
issued under ORS 692.270, the final disposition may not be
considered complete until the certificate of death is filed.
(8) 'Induced termination of pregnancy' means the purposeful
interruption of an intrauterine pregnancy with the intention
other than to produce a live-born infant and that does not result
in a live birth.
(9) 'Institution' means any establishment, public or private,
that provides inpatient or outpatient medical, surgical or
diagnostic care or treatment or nursing, custodial or domiciliary
care, or to which persons are committed by law.
(10) 'Live birth' means the complete expulsion or extraction
from its mother of a product of human conception, irrespective of
the duration of pregnancy, that, after such expulsion or
extraction, breathes or shows any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of voluntary muscles, whether or not the umbilical cord
has been cut or the placenta is attached.
(11) 'Person acting as a funeral service practitioner ' means:
(a) A person other than a funeral service practitioner licensed
under ORS 692.045, including but not limited to a relative,
friend or other interested party, who performs the duties of a
funeral service practitioner without payment; or
(b) A funeral service practitioner who files death certificates
in another state if the funeral service practitioner is employed
by a funeral establishment licensed in another state and
registered with the State Mortuary and Cemetery Board under ORS
692.270.
(12) 'Physician' means a person authorized or licensed under
the laws of this state to practice medicine, osteopathy,
chiropractic or naturopathic medicine.
(13) 'Registration' means the process by which vital records
and vital reports are completed, filed and incorporated into the
official records of the Center for Health Statistics.
(14) 'State registrar' means the State Registrar of the Center
for Health Statistics.
(15) 'System of vital statistics' means the registration,
collection, preservation, amendment and certification of vital
records and vital reports; the collection of other reports
required by this chapter, and activities related thereto
including the tabulation, analysis, dissemination and publication
of vital statistics and training in the use of health data.
(16) 'Vital records' means certificates or reports of birth,
death, marriage, dissolution of marriage and data related
thereto.
(17) 'Vital reports' means reports of fetal death, induced
termination of pregnancy, suicide attempts by persons under 18
years of age and survey and questionnaire documents and data
related thereto.
(18) 'Vital statistics' means the data derived from
certificates and reports of birth, death, fetal death, induced
termination of pregnancy, marriage, dissolution of marriage,
suicide attempts by persons under 18 years of age and related
reports.
SECTION 97. ORS 432.010 is amended to read:
432.010. (1) The Department of { - Human Services - }
{ + Public Health + } shall establish the Center for Health
Statistics, which shall install, maintain and operate the system
of vital statistics throughout this state in cooperation with
appropriate units of local government. The Center for Health
Statistics shall be responsible for the proper administration of
the system of vital statistics and for the preservation and
security of its official records.
(2) In order to promote and maintain nationwide uniformity in
the system of vital statistics, the State Registrar of the Center
for Health Statistics may refer to the 1992 federal revision of
the Model State Vital Statistics Act and Regulations for
recommendations regarding the forms of certificates and reports
required by this chapter.
(3) Each certificate, report and other document required by
this chapter shall be on a form or in a format prescribed by the
state registrar.
(4) All vital records shall contain the date of filing.
(5) Information required in certificates, forms, records or
reports authorized by this chapter may be filed, verified,
registered and stored by photographic, electronic or other means
as prescribed by the state registrar.
SECTION 98. ORS 432.030 is amended to read:
432.030. (1) The State Registrar of the Center for Health
Statistics shall:
(a) Under the supervision of the Director of { - Human
Services - } { + Public Health + }, have charge of the Center
for Health Statistics.
(b) Administer and enforce the provisions of this chapter and
the rules adopted pursuant thereto for the efficient
administration of the system of vital statistics.
(c) Direct and supervise the system of vital statistics and the
Center for Health Statistics and be custodian of its records.
(d) Direct, supervise and control the activities of all persons
when they are engaged in activities pertaining to the operation
of the system of vital statistics.
(e) Conduct training programs to promote uniformity of policy
and procedures throughout the state in matters pertaining to the
system of vital statistics.
(f) Prescribe, furnish and distribute such forms as are
required by this chapter and the rules adopted pursuant thereto
or prescribe other means for transmission of data to accomplish
the purpose of complete and accurate reporting and registration.
(g) Prepare and publish reports of vital statistics of this
state and such other reports as may be required by the Department
of { - Human Services - } { + Public Health + }.
(h) Provide to local health agencies such copies of or data
derived from certificates and reports required under this chapter
as the state registrar shall determine are necessary for local
health planning and program activities. The state registrar shall
establish a schedule with each local health agency for
transmittal of the copies or data. The copies or data shall
remain the property of the Center for Health Statistics and the
uses that may be made of them shall be determined by the state
registrar.
(i) Provide local health agencies training and consultation in
working with health data.
(2) The state registrar may delegate such functions and duties
vested in the state registrar to employees of the Center for
Health Statistics and to employees of any office established or
designated under ORS 432.035.
SECTION 99. ORS 432.060 is amended to read:
432.060. (1) All records of interviews, reports, studies, and
statements procured by or furnished to the Department of
{ - Human Services - } { + Public Health + }, any federal
health agency or any nonprofit health agency that is exempt from
taxation under the laws of this state or procured by any agency,
organization or person acting jointly with or at the request of
the department or health agency, in connection with special
morbidity and mortality studies, are confidential insofar as the
identity of an individual patient is concerned. Such records may
be used solely for the purpose of the studies.
(2) The furnishing of morbidity and mortality information to
the department or health agency, to its authorized
representatives or to any other agency, organization or person
cooperating in a special study, does not subject any hospital,
sanitarium, rest home, nursing home or other organization or
person furnishing such information to an action for damages.
(3) Subsection (1) of this section does not prevent the
department or a health agency from publishing:
(a) Statistical compilations and reports relating to special
morbidity and mortality studies, if such compilations and reports
do not identify individual cases and sources of information.
(b) General morbidity and mortality studies customarily and
continuously conducted by the department or health agency that do
not involve patient identification.
(4) Nothing in this section prevents disposition of records
described in subsection (1) of this section pursuant to ORS
192.105.
SECTION 100. ORS 432.085 is amended to read:
432.085. The Department of { - Human Services - }
{ + Public Health + } shall adopt, taking into consideration
local service needs and interests, rules to allow a county
registrar to sell, within six months of the date of the event
occurring in the county, certified copies of birth certificates
and death certificates.
SECTION 101. ORS 432.119 is amended to read:
432.119. (1) Abstracts of birth and death certificates as
provided in ORS 432.105 are public records and open to public
inspection except as provided in this section. The county
registrar shall mark the abstract of birth in a manner designated
by the State Registrar of the Center for Health Statistics to
indicate that the record is not to be used by any person
compiling a list for publication or a business contact list under
the following conditions:
(a) If a birth certificate indicates any of the following:
(A) The father of the child is not identified.
(B) The infant dies after birth.
(C) Congenital anomaly is reported.
(D) Maternal disability or death is indicated.
(b) If the parent of the infant requests that the record not be
made available for publication or business contact lists.
(2) The Department of { - Human Services - } { + Public
Health + } or local health department, as provided in ORS
431.416, may use any birth record or abstract as a source of
information for activities necessary for the preservation of
health or prevention of disease.
SECTION 102. ORS 432.146 is amended to read:
432.146. Except as provided in ORS 432.090 and 432.312, subject
to the review of the Oregon Department of Administrative
Services, the Department of { - Human Services - } { + Public
Health + } shall establish all fees for services or records
provided under ORS 432.005 to 432.165. The fees and charges
established under this section shall be authorized by the
Legislative Assembly for the
{ - department's - } budget { + of the Department of Public
Health + }, as the budget may be modified by the Emergency Board.
SECTION 103. ORS 432.312 is amended to read:
432.312. (1) The Department of { - Human Services - }
{ + Public Health + } shall impose and collect a filing fee of
$7 for each certificate of death { + . + } { - to - } { + The
filing fee shall + } be deposited to the credit of the Public
Health Account. Of the fee, $2 shall be used to carry out the
purposes of ORS 97.170 (5) and $5 shall be used in the same
manner as funds credited to the account under ORS 692.375.
(2) The expenditures under ORS 97.170 (5) and 692.375 shall not
exceed the funds collected under subsection (1) of this section,
and in no event shall expenditure on the administration of the
funds exceed five percent of the moneys collected.
SECTION 104. ORS 432.317 is amended to read:
432.317. (1) The funeral service practitioner or person acting
as a funeral service practitioner who first assumes possession of
a dead body or fetus shall make a written report to the county
registrar in the county in which death occurred or in which the
body or fetus was found within 24 hours after taking possession
of the body or fetus. The report shall be on a form prescribed
and furnished by the State Registrar of the Center for Health
Statistics and in accordance with rules adopted by the Department
of { - Human Services - } { + Public Health + }.
(2) Prior to final disposition of the body, the funeral service
practitioner or person acting as a funeral service practitioner
who first assumes custody of a dead body shall, prior to final
disposition of the body, obtain written authorization for final
disposition of the body from the physician, certified nurse
practitioner or medical examiner who certifies the cause of death
as provided in ORS 432.307 (3) on a form prescribed and furnished
by the state registrar. If such practitioner or person is unable
to obtain such written authorization prior to final disposition
of the body, the practitioner or person, with the oral consent of
the physician, the nurse practitioner, the medical examiner or a
licensed health professional authorized to give such consent on
behalf of the physician or medical examiner who is responsible
for certifying the cause of death, may authorize final
disposition of the body on a form prescribed and furnished by the
state registrar.
(3) Prior to final disposition of a fetus, irrespective of the
duration of pregnancy, the funeral service practitioner, the
person in charge of the institution or other person assuming
responsibility for final disposition of the fetus shall authorize
final disposition of the fetus on a form prescribed and furnished
or approved by the state registrar.
(4) With the consent of the physician, nurse practitioner or
medical examiner who is to certify the cause of death, a dead
body may be moved from the place of death for the purpose of
being prepared for final disposition.
(5) An authorization for final disposition issued under the
laws of another state which accompanies a dead body or fetus
brought into this state shall be authority for final disposition
of the body or fetus in this state. Permits for transporting a
body or fetus out of another state issued under the laws of
another state shall be authority for transporting a body or fetus
into Oregon.
(6) No sexton or other person in charge of any place in which
interment or other disposition of dead bodies is made shall inter
or allow interment or other disposition of a dead body or fetus
unless it is accompanied by authorization for final disposition.
(7) Each person in charge of any place for final disposition
shall include in the authorization the date of disposition and
shall complete and return all authorizations to the county
registrar within 10 days after the date of the disposition. When
there is no person in charge of the place for final disposition,
a responsible party other than the funeral service practitioner
or person acting as a funeral service practitioner shall complete
and return the authorization to the county registrar within 10
days after the date of disposition.
(8) Authorization for disinterment and reinterment shall be
required prior to disinterment of a dead body or fetus. The
authorization shall be issued by the state registrar to a
licensed funeral service practitioner or person acting as a
funeral service practitioner, upon proper application.
(9) Prior to removing a dead body or fetus from the State of
Oregon under ORS 692.270, a person acting as a funeral service
practitioner as defined in ORS 432.005 (11)(b) shall submit a
written notice of removal to the county registrar in the county
in which death occurred or in which the body or fetus was found.
The notice shall be on a form prescribed and furnished by the
State Registrar of the Center for Health Statistics and in
accordance with rules adopted by the Department of { - Human
Services - } { + Public Health + }. A copy of the written
notice of removal shall serve as a transit permit for the remains
of the decedent named on the notice.
SECTION 105. ORS 432.500 is amended to read:
432.500. As used in ORS 432.510 to 432.550 and 432.900:
{ - (1) 'Division' means the Health Division of the
Department of Human Services or its authorized
representative. - }
{ + (1) 'Department' means the Department of Public
Health. + }
(2) 'Health care facility' means a hospital, as defined in ORS
442.015 (19), or an ambulatory surgical center, as defined in ORS
442.015.
(3) 'Practitioner' means any person whose professional license
allows the person to diagnose or treat cancer in patients.
SECTION 106. ORS 432.510 is amended to read:
432.510. (1) The Department of { - Human Services - }
{ + Public Health + } shall establish a uniform, statewide,
population-based cancer registry system for the collection of
information determining the incidence of cancer and related data.
The purpose of the registry shall be to provide information to
design, target, monitor, facilitate and evaluate efforts to
determine the causes or sources of cancer among the residents of
Oregon and to reduce the burden of cancer in Oregon. Such efforts
may include but are not limited to:
(a) Targeting populations in need of cancer screening services
or evaluating screening or other cancer control services;
(b) Supporting the operation of hospital registries in
monitoring and upgrading cancer care and the end results of
treatment;
(c) Investigating suspected clusters or excesses of cancer both
in occupational settings and in the state's environment
generally;
(d) Conducting studies to identify cancer hazards to the public
health and cancer hazard remedies; and
(e) Projecting the benefits or costs of alternative policies
regarding cancer prevention or treatment.
(2) The department shall adopt rules necessary to carry out the
purposes of ORS 432.510 to 432.550 and 432.900, including but not
limited to designating which types of cancer are reportable to
the statewide cancer registry, the data to be reported, the data
reporting standards and format and the effective date after which
reporting by health care facilities and practitioners shall be
required. When adopting rules under this subsection, the
department shall, to the greatest extent practicable, conform the
rules to the standards and procedures established by the American
College of Surgeons Commission on Cancer, with the goal of
achieving uniformity in the collection and reporting of data.
(3) The department shall:
(a) Conduct a program of epidemiologic analyses of cancer
registry data collected under subsection (1) of this section to
assess cancer control, cancer prevention, cancer treatment and
cancer causation in Oregon; { - and - }
(b) Utilize the data to promote, facilitate and evaluate
programs designed to reduce the burden of cancer among the
residents of Oregon { - . - } { + ; + }
{ - (4) The department shall: - }
{ - (a) - } { + (c) + } Collaborate in cancer studies with
clinicians and epidemiologists and publish reports on the results
of such studies; and
{ - (b) - } { + (d) + } Cooperate with the National
Institutes of Health and the Centers for Disease Control in
providing cancer incidence data.
{ - (5) - } { + (4) + } The department shall establish a
training program for the personnel of participating health care
facilities and a quality control program for cancer data reported
to the state registry.
SECTION 107. ORS 432.520 is amended to read:
432.520. (1) Except as provided in subsection (2) of this
section, any health care facility in which cancer patients are
diagnosed or provided treatment for cancer shall report each case
of cancer to the Department of { - Human Services - }
{ + Public Health + } within a time period and in a format
prescribed by the department. The department shall provide, at
cost, reporting services to any health care facility at the
option of the health care facility. Health care facilities may
also purchase reporting services from another facility or
commercial vendor. If a health care facility is unable to report
in conformance with the format and standards prescribed by the
department, the department may, after consultation with the
health care facility, elect to activate its reporting service for
the facility. When activated, the department may enter the
facility, obtain the information and report it in conformance
with the appropriate format and standards. In these instances,
the facility shall reimburse the department or its authorized
representative for the cost of obtaining and reporting the
information.
(2) Upon application to the department by a health care
facility, the department shall grant to the health care facility
an extension of time in which to meet the reporting requirements
of this section. In no event shall the extension of time exceed
two years from the date of application.
(3) Any practitioner diagnosing or providing treatment to
cancer patients shall report each cancer case to the department
or its authorized representative within a time period and in a
format prescribed by the department. Those cases diagnosed or
treated at an Oregon health care facility or previously admitted
to an Oregon health care facility for diagnosis or treatment of
that instance of cancer shall be considered to have been reported
by the health care practitioner.
(4) For the purpose of assuring the accuracy and completeness
of reported data, the department shall have the right to
periodically review all records that would identify cases of
cancer or would establish characteristics of the cancer,
treatment of the cancer or the medical status of any identified
cancer patient.
(5) The department may conduct special studies of cancer
morbidity and mortality. As part of such studies, cancer registry
personnel may obtain additional information that applies to a
patient's cancer and that may be in the medical record of the
patient. The record holder may either provide the requested
information to the cancer registry personnel or provide the
cancer registry personnel access to the relevant portions of the
patient's medical record. Neither the department nor the record
holder shall bill the other for the cost of providing or
obtaining this information.
SECTION 108. ORS 432.530 is amended to read:
432.530. (1) All identifying information regarding individual
patients, health care facilities and practitioners reported
pursuant to ORS 432.520 shall be confidential and privileged.
Except as required in connection with the administration or
enforcement of public health laws or rules, no public health
official, employee or agent shall be examined in an
administrative or judicial proceeding as to the existence or
contents of data collected under the cancer registry system.
(2) All additional information reported in connection with a
special study shall be confidential and privileged and shall be
used solely for the purposes of the study, as provided by ORS
432.060. Nothing in this section shall prevent the Department of
{ - Human Services - } { + Public Health + } from publishing
statistical compilations relating to morbidity and mortality
studies that do not identify individual cases or prevent use of
this data by third parties to conduct research as provided by ORS
432.540 (1).
SECTION 109. ORS 432.540 is amended to read:
432.540. (1) The Department of { - Human Services - }
{ + Public Health + } shall adopt rules under which confidential
data may be used by third parties to conduct research and studies
for the public good. Research and studies conducted using
confidential data from the statewide registry must be reviewed
and approved by the Committee for the Protection of Human
Research Subjects established in accordance with 45 C.F.R. 46.
(2) The department may enter into agreements to exchange
information with other cancer registries in order to obtain
complete reports of Oregon residents diagnosed or treated in
other states and to provide information to other states regarding
the residents of other states diagnosed or treated in Oregon.
Prior to providing information to any other registry, the
department shall ensure that the recipient registry has
comparable confidentiality protections.
SECTION 110. ORS 433.001 is amended to read:
433.001. As used in ORS 433.001 to 433.045 and 433.106 to
433.770 unless the context requires otherwise:
(1) 'Communicable disease' means a disease or condition, the
infectious agent of which may be transmitted from one person or
an animal to another person, either by direct contact or through
an intermediate host, vector or inanimate object, and that may
result in illness, death or severe disability.
(2) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(3) 'Director' means the Director of { - Human Services - }
{ + Public Health + }.
(4) 'Local public health administrator' means the local public
health administrator of the county or district under ORS 431.418
or the authorized representative of the public health
administrator.
(5) 'Property' means animals, inanimate objects, vessels,
public conveyances, buildings and all other real or personal
property.
(6) 'Public health measure' means isolation, quarantine or
other preventative public health measure imposed on persons or
property in order to prevent the spread of or exposure to
diseases or contaminants of threat to the public.
(7) 'Reportable disease' means a disease or condition, the
reporting of which enables a public health agency to take action
to protect or to benefit the public health.
(8) 'Toxic substance' means a substance that may cause illness,
disability or death to persons who are exposed to it.
SECTION 111. ORS 433.004 is amended to read:
433.004. (1) The Department of { - Human Services - }
{ + Public Health + } shall by rule:
(a) Specify reportable diseases;
(b) Identify those categories of persons who must report
reportable diseases and the circumstances under which the reports
must be made;
(c) Prescribe the procedures and forms for making such reports
and transmitting the reports to the department; and
(d) Prescribe measures for investigating the source and
controlling reportable diseases.
(2) Persons required under the rules to report reportable
diseases shall do so by reporting to the local public health
administrator. The local public health administrator shall
transmit such reports to the department.
(3) In addition to other grounds for which a state agency may
exercise disciplinary action against its licensees or certificate
holders, the substantial or repeated failure of such a licensee
or certificate holder to report under subsection (2) of this
section when required by department rule to do so shall be cause
for the exercise of any of such agency's disciplinary powers.
SECTION 112. ORS 433.006 is amended to read:
433.006. In response to each report of a reportable disease,
the local public health administrator shall assure that
investigations and control measures, as prescribed by Department
of { - Human Services - } { + Public Health + } rule, shall
be conducted.
SECTION 113. ORS 433.008 is amended to read:
433.008. (1) Notwithstanding ORS 192.410 to 192.505, the
Department of { - Human Services - } { + Public Health + },
the local public health administrator, all officers and employees
thereof and all persons to whom disclosures are made under this
subsection or subsection (2) of this section shall not disclose
the name or address of, or otherwise disclose the identity of,
any person reported under ORS 433.004 except to officers or
employees of federal, state or local government public health
agencies as may be necessary for the administration or
enforcement of public health laws or rules.
(2) If the department or local public health administrator has
determined that a reported person's disease or condition is in a
contagious state and that the person is violating the rules of
the department pertaining to control of that disease, it may
disclose that person's name and address to persons other than
those stated in subsection (1) of this section if clear and
convincing evidence in the particular instance requires
disclosure to avoid a clear and immediate danger to other
individuals or to the public generally. A decision not to
disclose information under this subsection, if made in good
faith, shall not subject the entity or person withholding the
information to any liability.
(3) Except where required in connection with the administration
or enforcement of public health laws or rules, no public health
official or employee shall be examined in an administrative or
judicial proceeding as to the existence or contents of a report
under ORS 433.004 or any record thereof.
(4) The disclosures and examination prohibited by this section
may otherwise be authorized by the specific written consent of
the person who is the subject of the report or the authorized
representative of the person.
SECTION 114. ORS 433.010 is amended to read:
433.010. (1) No person shall willfully cause the spread of any
communicable disease within this state.
(2) Whenever Oregon Revised Statutes require a person to secure
a health certificate, such certificate shall be acquired from a
physician licensed by the Board of Medical Examiners for the
State of Oregon or the Board of Naturopathic Examiners in
accordance with the rules of the Department of { - Human
Services - } { + Public Health + }.
SECTION 115. ORS 433.012 is amended to read:
433.012. The Department of { - Human Services - }
{ + Public Health + } shall provide the necessary laboratory
examinations requested by local health departments for the
diagnosis of those communicable diseases identified by rule of
the Department { + of Public Health + } to be a reportable
disease.
SECTION 116. ORS 433.019 is amended to read:
433.019. (1) As used in this section, 'subject of the petition'
means the person or the property upon which the public health
measure is sought to be imposed.
(2) Except as provided in ORS 433.022, proceedings for imposing
a public health measure shall be initiated by filing a petition
in the circuit court for the county in which the subject of the
petition is located. If the property which is the subject of the
petition is in more than one county, then the petition may be
filed in the circuit court for any one of those counties. The
petition shall name as the respondent, the person who is the
subject of the petition or the person who possesses the property
which is the subject of the petition. The petition shall be
accompanied by an affidavit or affidavits based upon the
investigation of the Director of { - Human Services - }
{ + Public Health + } or the local public health administrator
supporting the allegations in the petition. The petition shall
describe the public health measure requested and shall allege:
(a)(A) The subject of the petition has, or contains persons or
property having, an infectious agent of a communicable disease
designated a reportable disease by the Department of { - Human
Services - } { + Public Health + }; or
(B) The subject of the petition is contaminated with or
contains property contaminated with a toxic substance;
(b) The subject of the petition poses a substantial threat to
public health;
(c) The respondent is unable or unwilling to behave or to
control the subject of the petition so as not to expose other
persons to danger of infection or contamination; and
(d) The public health measure requested is necessary and the
least restrictive alternative measure under the circumstances to
protect or preserve the public health.
(3) If the court, upon the basis of the affidavits, concludes
that there is probable cause for the allegations in the petition,
it shall issue a citation as provided in subsection (11) of this
section. The court shall also issue a warrant of detention to the
sheriff of the county or counties, directing the sheriff or the
sheriff's designee to place the subject of the petition under
custody.
(4) At the time the subject of the petition is placed under
custody, the respondent shall be served certified copies of the
warrant of detention, the citation and petition. The sheriff or
designee shall also read the citation to the respondent and
inform the respondent that a request for hearing may be made
within 14 days by signing and filing with the petitioner a simple
request form to be given to the respondent with the citation:
(a) If the respondent does not file a signed request for a
hearing within 14 days of service of the citation, the petitioner
shall so notify the court and the court shall have the respondent
brought before it or communicate with the respondent by
telephone. If the court then determines that the respondent does
not request a hearing, it may, without hearing, order imposition
of the requested public health measure effective for a period of
time not to exceed 60 days or, if substantial medical evidence
indicates that the condition is spread by the airborne route and
either that it cannot be rendered noninfectious within 60 days or
that it may recur after the public health measure is
discontinued, for a period not to exceed 180 days. However, if at
the time of inquiry by the court it determines that the
respondent does request a hearing, one shall be conducted at a
time and place the court may direct consistent with subsection
(6) of this section.
(b) If the respondent files a signed request for a hearing
within 14 days of service of the citation, the petitioner shall
immediately notify the court and the court shall have the
respondent brought before it or communicate with the respondent,
or if represented the respondent's counsel, by telephone. If the
request for hearing is confirmed, one shall be conducted at a
time and place the court may direct consistent with subsection
(6) of this section. If at the time of inquiry by the court it is
determined that the respondent does not request a hearing, it may
without hearing, order imposition of the requested public health
measure effective for a period of time not to exceed 60 days or,
if substantial medical evidence indicates that the condition is
spread by the airborne route and either that it cannot be
rendered noninfectious within 60 days or that it may recur after
the public health measure is discontinued, for a period not to
exceed 180 days.
(5) A person placed under custody under subsection (4) of this
section may as appropriate and as directed by the court be held
in a residence or in a health care or other facility consistent
with the requirements of subsection (19) of this section and
receive the care, custody and treatment required for mental and
physical health and safety. The treating physician shall report
any care, custody and treatment to the court as required in
subsection (9) of this section. All methods of treatment,
including the prescription and administration of drugs, shall be
the sole responsibility of the treating physician. Property
placed under custody shall be detained as described by the court
either under the possession of the respondent or under the
possession of the sheriff, or the sheriff's designee. Property
detained under the possession of the sheriff will be provided
care and treatment which is reasonable under the circumstances.
(6) The hearing may be held in the place where the subject of
the petition is being held in custody or in some other place
convenient to the court and the respondent. The hearing shall be
held within three judicial days of the respondent's initial
appearance before the court requesting a hearing. The court may
for good cause, allow the person or property to be detained up to
an additional 72 hours if additional time is requested by the
respondent or the legal counsel of the respondent. The court may
make any orders for the care and custody of the subject of the
petition as it deems necessary.
(7) The petitioner shall prepare or cause to be prepared an
investigative report setting forth the evidence on which the
petition is based. A copy of the investigative report shall be
provided upon request to the respondent and to the respondent's
counsel. Copies shall likewise be provided to counsel assisting
the court, to the examiners and to the court for the use in
questioning witnesses in a hearing under this section.
(8) The provisions of ORS 40.230 to 40.240 shall not apply in a
hearing under this section insofar as the information is relevant
to the proceeding. Such evidence shall be disclosed only to the
court, the examiners, the parties and their attorneys or persons
authorized by the court and shall not be disclosed to the public.
(9) In a hearing under this section, the court shall be fully
advised by the treating physician of all drugs and other
treatment known to have been administered to the subject of the
petition, which may be pertinent to the subject's infectious or
contaminated state. The medical record of treatment shall be made
available in order that the examiners may review the medical
record of treatment and have an opportunity to inquire of the
medical personnel concerning the treatment of the respondent
during the detention period prior to the hearing. Such record
shall be made available to counsel for said respondent at least
24 hours prior to the hearing.
(10) The person serving a warrant of detention, citation and
petition provided for by subsection (4) of this section shall,
immediately after service thereof, make a return showing the
time, place and manner of such service and file it with the clerk
of the court. In executing the warrant of detention, the person
has all the powers provided by ORS 133.235 and 161.235 to 161.245
and may require the assistance of any peace officer or other
person.
(11) The citation issued to the respondent shall state the
nature of the proceedings and the public health measure requested
in the petition. The citation shall further contain a notice that
the respondent may file a request with the petitioner for a court
hearing on the petition within 14 days and, if the respondent
does not do so, the court will order imposition of the public
health measure requested in the petition. The citation shall also
notify of the right to legal counsel, the right to have legal
counsel appointed if the respondent is unable to afford legal
counsel, and, if requested, to have legal counsel immediately
appointed, the right to subpoena witnesses in behalf of the
respondent to the hearing and other information as the court may
direct. The respondent shall have an opportunity to consult with
legal counsel when requested.
(12) In a hearing under this section, the respondent shall have
the right to cross-examine all witnesses, the person conducting
the investigation, the examining physicians or other qualified
persons who have examined the subject of the petition.
(13) At the time the respondent appears before the court, the
court shall advise the respondent of the nature of the
proceedings and the possible results of the proceedings. The
court shall also advise respondent of the right to subpoena
witnesses and to obtain suitable legal counsel possessing skills
and experience commensurate with the nature of the allegations
and complexity of the case during the proceedings, and if the
respondent is an individual in custody under subsection (4) of
this section and does not have funds with which to retain legal
counsel, the court shall appoint legal counsel to represent the
respondent without cost. If the respondent is an individual in
custody under subsection (4) of this section and does not request
legal counsel, the legal guardian, relative or friend may request
the assistance of suitable legal counsel on behalf of the
respondent.
(a) If no request for legal counsel is made by an individual in
custody, the court shall appoint suitable legal counsel therefor
unless counsel is expressly, knowingly and intelligently refused
by the respondent.
(b) If the respondent is an individual in custody and is unable
to afford legal counsel, the court shall determine and allow, as
provided in ORS 135.055, the reasonable expenses of the person
and compensation for legal counsel. The expenses and compensation
so allowed shall be paid by the county if the petition was filed
by the local public health administrator and by the state if the
petition was filed by the director. In such cases suitable legal
counsel shall be present at the hearing and examination and may
examine all witnesses offering testimony, and otherwise represent
the respondent and may be present in other cases.
(c) The governing body of the county shall designate either the
district attorney or counsel appointed pursuant to ORS 203.145 to
assist the court in the conduct of the hearing if the court
requests assistance. If the person so designated has a conflict
of interest in a particular case, the court may appoint private
counsel to render such assistance.
(d) If the respondent, the legal counsel or guardian, or
examiners request, the court may, for good cause, postpone the
hearing for not more than 72 hours in order to allow preparation
for the hearing. The court may make orders for the care and
custody of the subject of the petition during a postponement as
it deems necessary.
(14)(a) In the case where it is alleged that the subject of the
petition has or contains an infectious agent of a communicable
disease, when a hearing is requested the court shall appoint at
least one competent physician, licensed by the Board of Medical
Examiners for the State of Oregon and expert in the field of
infectious diseases or public health to examine the respondent as
to the matters alleged in the petition. The person appointed may
be the county health officer or other person recommended by the
local public health administrator.
(b) In the case where it is alleged that the subject of the
petition is contaminated with a toxic substance, when a hearing
is requested the court shall appoint an expert on the particular
subject, who may be the county health officer or other person
recommended by the local public health administrator, to examine
the subject of the petition as to the matters alleged in the
petition.
(c) If the respondent requests in writing that one additional
examining physician or qualified person be appointed, or, in the
absence of such request by the respondent, if such request is
made by the legal guardian, relative or friend of the respondent,
the court shall appoint an additional physician or other
qualified person.
(15) The persons appointed to conduct the examination shall
make their separate report in writing, under oath, to the court.
The reports shall be filed immediately with the clerk of the
court. If the examining persons find, and show by their reports,
that the allegations described in subsection (2)(a) to (c) of
this section are true, the reports shall include a recommendation
as to whether the allegations described under subsection (2)(d)
of this section are true or as to alternative measures that would
satisfy subsection (2)(d) of this section.
(16) After hearing all of the evidence and reviewing the
findings of the examining persons, the court shall determine the
truth of the allegations contained in the petition and the need
for the requested public health measure. If, based upon clear and
convincing evidence, it is the opinion of the court that the
allegations are true, the court shall order the requested order
or such other measure the court deems appropriate to satisfy
subsection (2)(d) of this section.
(17) The order shall be effective for a period of time not to
exceed 60 days or, if substantial medical evidence indicates that
the condition is spread by the airborne route and either that it
cannot be rendered noninfectious within 60 days or that it may
recur after the public health measure is discontinued, for a
period not to exceed 180 days.
(18) If a respondent who is an individual in custody under
subsection (4) of this section appeals the determination or
disposition based thereon, and is unable to afford suitable legal
counsel possessing skills and experience commensurate with the
nature and complexity of the case to represent the respondent on
appeal, the court, upon request of the respondent in custody or
upon its own motion, shall appoint suitable legal counsel to
represent the respondent. The compensation for legal counsel and
costs and expenses necessary to the appeal shall be determined
and allowed by the appellate court as provided in ORS 138.500 and
the compensation, costs and expenses so allowed shall be paid as
provided in ORS 138.500.
(19)(a) Any person who is not incarcerated upon a criminal
charge and is the subject of a petition under this section, shall
not be confined in any prison, jail or other enclosure where
those charged with a crime or a violation of a municipal
ordinance are incarcerated, unless the person represents an
immediate and serious danger to staff or physical facilities of a
hospital or other facility to which committed, or unless the
person has been found in contempt of court because of failure to
obey a court order or other public health measure.
(b) Any respondent who is the subject of a petition and has
been taken into custody shall not be confined, either before or
after the hearing, without an attendant in direct charge of the
person. If the respondent is not confined in a health care
facility, the sheriff having the person in custody shall select
some suitable person to act as attendant in quarters suitable for
the comfortable, safe and humane confinement of the person and
approved by the assistant administrator or local public health
administrator.
(20)(a) Upon receipt of the order of the court, the sheriff or
the sheriff's designee shall take the subject of the petition
into custody or continue custody, and { - insure - }
{ + ensure + } the safekeeping and proper care of the subject
until delivery is made to an assigned facility or other location.
During custody of the subject, the sheriff or sheriff's designee
or the representative of the facility has all the powers provided
by ORS 133.225 and 161.255 and may require the assistance of any
peace officer or other person.
(b) The court may authorize the guardian, custodian, friend or
relative to transport the subject of the petition to the
designated facility or location when the court determines that
the means of transportation would not be detrimental to the
welfare of the subject or to the public.
(21) The judge shall cause to be recorded and filed in the
court records a full account of proceedings had at all hearings
and examinations conducted pursuant to this section together with
the judgments and orders of the court and a copy of the orders
issued. If the respondent is the subject of the petition, the
court clerk shall seal the record and it shall not be disclosed
to any person except:
(a) The assistant administrator or local public health
administrator;
(b) As provided in subsection (22) of this section;
(c) Upon request of the respondent, the legal representatives
or the attorney of the person; or
(d) Pursuant to court order.
(22) If the subject of the petition is ordered committed to a
facility, a copy of the judgment and orders of the court, medical
records and such other information as the court deems necessary,
certified by the court clerk shall be given to the sheriff, for
delivery to the director of the facility to which such person is
committed.
(23) The petitioner shall, by filing a written certificate with
the ordering court, discharge the subject of the petition except
when the subject is being held, upon an order of a court or judge
having criminal jurisdiction, in an action or proceeding arising
out of a criminal offense, when in the petitioner's opinion the
matters alleged in the petition are no longer true.
(24)(a) At the end of the 60-day or 180-day period, the subject
of the petition shall be released from an order imposing a public
health measure under this section unless the petitioner certifies
to the ordering court that the order should be continued. If the
certification is made, the subject shall not be released from the
order but the petitioner shall immediately issue a copy of the
certification to the respondent.
(b) The certification shall be served upon the respondent by
the sheriff or the sheriff's designee. The sheriff shall inform
the court in writing that service has been made and the date
thereof.
(c) The certification shall advise the respondent:
(A) That the petitioner has requested that the order be
continued for an additional period of time;
(B) That the respondent may consult with legal counsel and that
legal counsel shall be provided for the respondent who is an
individual in custody without cost if the respondent is unable to
afford legal counsel;
(C) That the respondent may protest this further extension of
the order within 14 days and, if the respondent does not, it
shall be continued for an indefinite period of time up to 60
days;
(D) That, if the respondent does protest a further extension of
the order, the respondent is entitled to a hearing before the
court on whether the order should be continued;
(E) That the respondent may protest in writing by signing a
simple protest form accompanying the certification by filing it
with the petitioner within 14 days;
(F) That the respondent is entitled to have a physician or
other qualified person examine the subject of the petition and
report to the court the results of the examination;
(G) That the respondent may subpoena witnesses and offer
evidence on behalf of the respondent at the hearing; and
(H) That, if the respondent is an individual in custody and is
without funds to retain legal counsel or an examining physician
or qualified person, the court shall appoint legal counsel, a
physician or other qualified person at no cost to the respondent.
(25) The person serving the certification shall read and
deliver the certification to the respondent. If the respondent
does not file a protest of the extension of order within 14 days,
the procedures in subsection (4)(a) of this section shall be
followed before ordering an extension of the order. If the
respondent files a protest of the extension of order, the
procedures in subsection (4)(b) of this section shall be followed
before setting a hearing on the extension of the order.
(26) If, at the time of inquiry by the court, it is determined
that no hearing is requested by the respondent the court, without
hearing, may order an extension of the order effective for a
period of time not to exceed 60 days.
(27) If at the time of inquiry the respondent requests a
hearing, the hearing shall be conducted as promptly as possible
and at a time and place the court may direct. If the respondent
requests a continuance in order to prepare for the hearing or to
obtain legal counsel to represent the respondent, the court may
grant a continuance for up to 72 hours for this purpose. In the
event the respondent is an individual in custody and requests the
appointment of legal counsel and is without funds to retain legal
counsel, the court shall appoint legal counsel to represent
respondent at no cost to the respondent. If no request for legal
counsel is made, the court shall appoint legal counsel to
represent a respondent who is an individual in custody unless
legal counsel is expressly, knowingly and intelligently refused
by the respondent. If such respondent requests an examination by
a physician or other qualified person and is without funds to
retain a physician or other qualified person for purposes of the
examination, the court shall appoint a physician or other
qualified person, other than a member of the staff from the
facility where the respondent may be confined, to examine the
respondent at no expense to the respondent and to report to the
court the results of the examination. The court shall then
conduct a hearing and after hearing the evidence and reviewing
the recommendations of the treating and examining physician or
other qualified person, the court shall determine whether the
order should be continued. If in the opinion of the court the
allegations of the original petition are still applicable to the
subject of the petition by clear and convincing evidence the
court may continue the order for an additional indefinite period
of time up to 60 days or may order such other measure to satisfy
subsection (2)(d) of this section. At the end of the 60-day
period, the subject of the petition shall be released unless the
Director of { - Human Services - } { + Public Health + } or
local public health administrator again certifies to the
committing court that the order should be extended in which event
the procedures set forth in subsections (24) to (27) of this
section shall be followed.
(28) Neither the Director { + of Public Health + } or any
local public health administrator, sheriff, peace officer,
physician, attorney, judge or other person or entity shall in any
way be held criminally or civilly liable for actions pursuant to
this section and ORS 433.022 provided the actions are taken in
good faith, without malice and based on reasonable belief.
(29) Failure to obey a court order or other public health
measure issued under this section shall subject the individual in
violation of the order or measure to contempt proceedings.
SECTION 117. ORS 433.019, as amended by section 74, chapter
962, Oregon Laws 2001, is amended to read:
433.019. (1) As used in this section, 'subject of the petition'
means the person or the property upon which the public health
measure is sought to be imposed.
(2) Except as provided in ORS 433.022, proceedings for imposing
a public health measure shall be initiated by filing a petition
in the circuit court for the county in which the subject of the
petition is located. If the property which is the subject of the
petition is in more than one county, then the petition may be
filed in the circuit court for any one of those counties. The
petition shall name as the respondent, the person who is the
subject of the petition or the person who possesses the property
which is the subject of the petition. The petition shall be
accompanied by an affidavit or affidavits based upon the
investigation of the Director of { - Human Services - }
{ + Public Health + } or the local public health administrator
supporting the allegations in the petition. The petition shall
describe the public health measure requested and shall allege:
(a)(A) The subject of the petition has, or contains persons or
property having, an infectious agent of a communicable disease
designated a reportable disease by the Department of { - Human
Services - } { + Public Health + }; or
(B) The subject of the petition is contaminated with or
contains property contaminated with a toxic substance;
(b) The subject of the petition poses a substantial threat to
public health;
(c) The respondent is unable or unwilling to behave or to
control the subject of the petition so as not to expose other
persons to danger of infection or contamination; and
(d) The public health measure requested is necessary and the
least restrictive alternative measure under the circumstances to
protect or preserve the public health.
(3) If the court, upon the basis of the affidavits, concludes
that there is probable cause for the allegations in the petition,
it shall issue a citation as provided in subsection (11) of this
section. The court shall also issue a warrant of detention to the
sheriff of the county or counties, directing the sheriff or the
sheriff's designee to place the subject of the petition under
custody.
(4) At the time the subject of the petition is placed under
custody, the respondent shall be served certified copies of the
warrant of detention, the citation and petition. The sheriff or
designee shall also read the citation to the respondent and
inform the respondent that a request for hearing may be made
within 14 days by signing and filing with the petitioner a simple
request form to be given to the respondent with the citation:
(a) If the respondent does not file a signed request for a
hearing within 14 days of service of the citation, the petitioner
shall so notify the court and the court shall have the respondent
brought before it or communicate with the respondent by
telephone. If the court then determines that the respondent does
not request a hearing, it may, without hearing, order imposition
of the requested public health measure effective for a period of
time not to exceed 60 days or, if substantial medical evidence
indicates that the condition is spread by the airborne route and
either that it cannot be rendered noninfectious within 60 days or
that it may recur after the public health measure is
discontinued, for a period not to exceed 180 days. However, if at
the time of inquiry by the court it determines that the
respondent does request a hearing, one shall be conducted at a
time and place the court may direct consistent with subsection
(6) of this section.
(b) If the respondent files a signed request for a hearing
within 14 days of service of the citation, the petitioner shall
immediately notify the court and the court shall have the
respondent brought before it or communicate with the respondent,
or if represented the respondent's counsel, by telephone. If the
request for hearing is confirmed, one shall be conducted at a
time and place the court may direct consistent with subsection
(6) of this section. If at the time of inquiry by the court it is
determined that the respondent does not request a hearing, it may
without hearing, order imposition of the requested public health
measure effective for a period of time not to exceed 60 days or,
if substantial medical evidence indicates that the condition is
spread by the airborne route and either that it cannot be
rendered noninfectious within 60 days or that it may recur after
the public health measure is discontinued, for a period not to
exceed 180 days.
(5) A person placed under custody under subsection (4) of this
section may as appropriate and as directed by the court be held
in a residence or in a health care or other facility consistent
with the requirements of subsection (19) of this section and
receive the care, custody and treatment required for mental and
physical health and safety. The treating physician shall report
any care, custody and treatment to the court as required in
subsection (9) of this section. All methods of treatment,
including the prescription and administration of drugs, shall be
the sole responsibility of the treating physician. Property
placed under custody shall be detained as described by the court
either under the possession of the respondent or under the
possession of the sheriff, or the sheriff's designee. Property
detained under the possession of the sheriff will be provided
care and treatment which is reasonable under the circumstances.
(6) The hearing may be held in the place where the subject of
the petition is being held in custody or in some other place
convenient to the court and the respondent. The hearing shall be
held within three judicial days of the respondent's initial
appearance before the court requesting a hearing. The court may
for good cause, allow the person or property to be detained up to
an additional 72 hours if additional time is requested by the
respondent or the legal counsel of the respondent. The court may
make any orders for the care and custody of the subject of the
petition as it deems necessary.
(7) The petitioner shall prepare or cause to be prepared an
investigative report setting forth the evidence on which the
petition is based. A copy of the investigative report shall be
provided upon request to the respondent and to the respondent's
counsel. Copies shall likewise be provided to counsel assisting
the court, to the examiners and to the court for the use in
questioning witnesses in a hearing under this section.
(8) The provisions of ORS 40.230 to 40.240 shall not apply in a
hearing under this section insofar as the information is relevant
to the proceeding. Such evidence shall be disclosed only to the
court, the examiners, the parties and their attorneys or persons
authorized by the court and shall not be disclosed to the public.
(9) In a hearing under this section, the court shall be fully
advised by the treating physician of all drugs and other
treatment known to have been administered to the subject of the
petition, which may be pertinent to the subject's infectious or
contaminated state. The medical record of treatment shall be made
available in order that the examiners may review the medical
record of treatment and have an opportunity to inquire of the
medical personnel concerning the treatment of the respondent
during the detention period prior to the hearing. Such record
shall be made available to counsel for said respondent at least
24 hours prior to the hearing.
(10) The person serving a warrant of detention, citation and
petition provided for by subsection (4) of this section shall,
immediately after service thereof, make a return showing the
time, place and manner of such service and file it with the clerk
of the court. In executing the warrant of detention, the person
has all the powers provided by ORS 133.235 and 161.235 to 161.245
and may require the assistance of any peace officer or other
person.
(11) The citation issued to the respondent shall state the
nature of the proceedings and the public health measure requested
in the petition. The citation shall further contain a notice that
the respondent may file a request with the petitioner for a court
hearing on the petition within 14 days and, if the respondent
does not do so, the court will order imposition of the public
health measure requested in the petition. The citation shall also
notify of the right to legal counsel, the right to have legal
counsel appointed if the respondent is unable to afford legal
counsel, and, if requested, to have legal counsel immediately
appointed, the right to subpoena witnesses in behalf of the
respondent to the hearing and other information as the court may
direct. The respondent shall have an opportunity to consult with
legal counsel when requested.
(12) In a hearing under this section, the respondent shall have
the right to cross-examine all witnesses, the person conducting
the investigation, the examining physicians or other qualified
persons who have examined the subject of the petition.
(13) At the time the respondent appears before the court, the
court shall advise the respondent of the nature of the
proceedings and the possible results of the proceedings. The
court shall also advise respondent of the right to subpoena
witnesses and to obtain suitable legal counsel possessing skills
and experience commensurate with the nature of the allegations
and complexity of the case during the proceedings, and if the
respondent is an individual in custody under subsection (4) of
this section and does not have funds with which to retain legal
counsel, the court shall appoint legal counsel to represent the
respondent. If the respondent is an individual in custody under
subsection (4) of this section and does not request legal
counsel, the legal guardian, relative or friend may request the
assistance of suitable legal counsel on behalf of the respondent.
(a) If no request for legal counsel is made by an individual in
custody, the court shall appoint suitable legal counsel therefor
unless counsel is expressly, knowingly and intelligently refused
by the respondent.
(b) If the respondent is an individual in custody and is unable
to afford legal counsel, the public defense services executive
director shall determine and pay, as provided in ORS 135.055, the
reasonable expenses of the person and compensation for legal
counsel. In such cases suitable legal counsel shall be present at
the hearing and examination and may examine all witnesses
offering testimony, and otherwise represent the respondent and
may be present in other cases.
(c) The governing body of the county shall designate either the
district attorney or counsel appointed pursuant to ORS 203.145 to
assist the court in the conduct of the hearing if the court
requests assistance. If the person so designated has a conflict
of interest in a particular case, the court may appoint private
counsel to render such assistance.
(d) If the respondent, the legal counsel or guardian, or
examiners request, the court may, for good cause, postpone the
hearing for not more than 72 hours in order to allow preparation
for the hearing. The court may make orders for the care and
custody of the subject of the petition during a postponement as
it deems necessary.
(14)(a) In the case where it is alleged that the subject of the
petition has or contains an infectious agent of a communicable
disease, when a hearing is requested the court shall appoint at
least one competent physician, licensed by the Board of Medical
Examiners for the State of Oregon and expert in the field of
infectious diseases or public health to examine the respondent as
to the matters alleged in the petition. The person appointed may
be the county health officer or other person recommended by the
local public health administrator.
(b) In the case where it is alleged that the subject of the
petition is contaminated with a toxic substance, when a hearing
is requested the court shall appoint an expert on the particular
subject, who may be the county health officer or other person
recommended by the local public health administrator, to examine
the subject of the petition as to the matters alleged in the
petition.
(c) If the respondent requests in writing that one additional
examining physician or qualified person be appointed, or, in the
absence of such request by the respondent, if such request is
made by the legal guardian, relative or friend of the respondent,
the court shall appoint an additional physician or other
qualified person.
(15) The persons appointed to conduct the examination shall
make their separate report in writing, under oath, to the court.
The reports shall be filed immediately with the clerk of the
court. If the examining persons find, and show by their reports,
that the allegations described in subsection (2)(a) to (c) of
this section are true, the reports shall include a recommendation
as to whether the allegations described under subsection (2)(d)
of this section are true or as to alternative measures that would
satisfy subsection (2)(d) of this section.
(16) After hearing all of the evidence and reviewing the
findings of the examining persons, the court shall determine the
truth of the allegations contained in the petition and the need
for the requested public health measure. If, based upon clear and
convincing evidence, it is the opinion of the court that the
allegations are true, the court shall order the requested order
or such other measure the court deems appropriate to satisfy
subsection (2)(d) of this section.
(17) The order shall be effective for a period of time not to
exceed 60 days or, if substantial medical evidence indicates that
the condition is spread by the airborne route and either that it
cannot be rendered noninfectious within 60 days or that it may
recur after the public health measure is discontinued, for a
period not to exceed 180 days.
(18) If a respondent who is an individual in custody under
subsection (4) of this section appeals the determination or
disposition based thereon, and is determined to be financially
eligible for appointed counsel at state expense, the court, upon
request of the respondent in custody or upon its own motion,
shall appoint suitable legal counsel to represent the respondent.
The compensation for legal counsel and costs and expenses
necessary to the appeal shall be determined and paid as provided
in ORS 138.500.
(19)(a) Any person who is not incarcerated upon a criminal
charge and is the subject of a petition under this section, shall
not be confined in any prison, jail or other enclosure where
those charged with a crime or a violation of a municipal
ordinance are incarcerated, unless the person represents an
immediate and serious danger to staff or physical facilities of a
hospital or other facility to which committed, or unless the
person has been found in contempt of court because of failure to
obey a court order or other public health measure.
(b) Any respondent who is the subject of a petition and has
been taken into custody shall not be confined, either before or
after the hearing, without an attendant in direct charge of the
person. If the respondent is not confined in a health care
facility, the sheriff having the person in custody shall select
some suitable person to act as attendant in quarters suitable for
the comfortable, safe and humane confinement of the person and
approved by the assistant administrator or local public health
administrator.
(20)(a) Upon receipt of the order of the court, the sheriff or
the sheriff's designee shall take the subject of the petition
into custody or continue custody, and { - insure - }
{ + ensure + } the safekeeping and proper care of the subject
until delivery is made to an assigned facility or other location.
During custody of the subject, the sheriff or sheriff's designee
or the representative of the facility has all the powers provided
by ORS 133.225 and 161.255 and may require the assistance of any
peace officer or other person.
(b) The court may authorize the guardian, custodian, friend or
relative to transport the subject of the petition to the
designated facility or location when the court determines that
the means of transportation would not be detrimental to the
welfare of the subject or to the public.
(21) The judge shall cause to be recorded and filed in the
court records a full account of proceedings had at all hearings
and examinations conducted pursuant to this section together with
the judgments and orders of the court and a copy of the orders
issued. If the respondent is the subject of the petition, the
court clerk shall seal the record and it shall not be disclosed
to any person except:
(a) The assistant administrator or local public health
administrator;
(b) As provided in subsection (22) of this section;
(c) Upon request of the respondent, the legal representatives
or the attorney of the person; or
(d) Pursuant to court order.
(22) If the subject of the petition is ordered committed to a
facility, a copy of the judgment and orders of the court, medical
records and such other information as the court deems necessary,
certified by the court clerk shall be given to the sheriff, for
delivery to the director of the facility to which such person is
committed.
(23) The petitioner shall, by filing a written certificate with
the ordering court, discharge the subject of the petition except
when the subject is being held, upon an order of a court or judge
having criminal jurisdiction, in an action or proceeding arising
out of a criminal offense, when in the petitioner's opinion the
matters alleged in the petition are no longer true.
(24)(a) At the end of the 60-day or 180-day period, the subject
of the petition shall be released from an order imposing a public
health measure under this section unless the petitioner certifies
to the ordering court that the order should be continued. If the
certification is made, the subject shall not be released from the
order but the petitioner shall immediately issue a copy of the
certification to the respondent.
(b) The certification shall be served upon the respondent by
the sheriff or the sheriff's designee. The sheriff shall inform
the court in writing that service has been made and the date
thereof.
(c) The certification shall advise the respondent:
(A) That the petitioner has requested that the order be
continued for an additional period of time;
(B) That the respondent may consult with legal counsel and that
legal counsel shall be provided for the respondent who is an
individual in custody without cost if the respondent is unable to
afford legal counsel;
(C) That the respondent may protest this further extension of
the order within 14 days and, if the respondent does not, it
shall be continued for an indefinite period of time up to 60
days;
(D) That, if the respondent does protest a further extension of
the order, the respondent is entitled to a hearing before the
court on whether the order should be continued;
(E) That the respondent may protest in writing by signing a
simple protest form accompanying the certification by filing it
with the petitioner within 14 days;
(F) That the respondent is entitled to have a physician or
other qualified person examine the subject of the petition and
report to the court the results of the examination;
(G) That the respondent may subpoena witnesses and offer
evidence on behalf of the respondent at the hearing; and
(H) That, if the respondent is an individual in custody and is
without funds to retain legal counsel or an examining physician
or qualified person, the court shall appoint legal counsel, a
physician or other qualified person.
(25) The person serving the certification shall read and
deliver the certification to the respondent. If the respondent
does not file a protest of the extension of order within 14 days,
the procedures in subsection (4)(a) of this section shall be
followed before ordering an extension of the order. If the
respondent files a protest of the extension of order, the
procedures in subsection (4)(b) of this section shall be followed
before setting a hearing on the extension of the order.
(26) If, at the time of inquiry by the court, it is determined
that no hearing is requested by the respondent the court, without
hearing, may order an extension of the order effective for a
period of time not to exceed 60 days.
(27) If at the time of inquiry the respondent requests a
hearing, the hearing shall be conducted as promptly as possible
and at a time and place the court may direct. If the respondent
requests a continuance in order to prepare for the hearing or to
obtain legal counsel to represent the respondent, the court may
grant a continuance for up to 72 hours for this purpose. In the
event the respondent is an individual in custody and requests the
appointment of legal counsel and is without funds to retain legal
counsel, the court shall appoint legal counsel to represent the
respondent. If no request for legal counsel is made, the court
shall appoint legal counsel to represent a respondent who is an
individual in custody unless legal counsel is expressly,
knowingly and intelligently refused by the respondent. If such
respondent requests an examination by a physician or other
qualified person and is without funds to retain a physician or
other qualified person for purposes of the examination, the court
shall appoint a physician or other qualified person, other than a
member of the staff from the facility where the respondent may be
confined, to examine the respondent at no expense to the
respondent and to report to the court the results of the
examination. The court shall then conduct a hearing and after
hearing the evidence and reviewing the recommendations of the
treating and examining physician or other qualified person, the
court shall determine whether the order should be continued. If
in the opinion of the court the allegations of the original
petition are still applicable to the subject of the petition by
clear and convincing evidence the court may continue the order
for an additional indefinite period of time up to 60 days or may
order such other measure to satisfy subsection (2)(d) of this
section. At the end of the 60-day period, the subject of the
petition shall be released unless the Director of { - Human
Services - } { + Public Health + } or local public health
administrator again certifies to the committing court that the
order should be extended in which event the procedures set forth
in subsections (24) to (27) of this section shall be followed.
(28) Neither the Director { + of Public Health + } or any
local public health administrator, sheriff, peace officer,
physician, attorney, judge or other person or entity shall in any
way be held criminally or civilly liable for actions pursuant to
this section and ORS 433.022 provided the actions are taken in
good faith, without malice and based on reasonable belief.
(29) Failure to obey a court order or other public health
measure issued under this section shall subject the individual in
violation of the order or measure to contempt proceedings.
SECTION 118. ORS 433.022 is amended to read:
433.022. (1) Without the necessity of first filing a petition
and affidavits under ORS 433.019, if the Director of { - Human
Services - } { + Public Health + } or local public health
administrator has probable cause to believe that the person or
property which is the subject of a petition under ORS 433.019
requires immediate custody in order to avoid a clear and
immediate danger to other individuals or to the public generally,
the director or local public health administrator may direct a
sheriff or other peace officer to take the subject into custody
and the peace officer shall do so immediately.
(2) A person or property taken into custody under this section
shall be immediately removed to the nearest health care facility
or other location consistent with ORS 433.019 (5) and (19).
(3) At the time the peace officer takes custody of the person
or property, the peace officer shall inform the person in
custody, or the person who possesses the property, of the action
being taken and the right of the person to have legal counsel,
and if requested, to have legal counsel immediately appointed.
(4) The director or the local public health administrator,
after authorizing the taking of a person or property into custody
under this section, shall immediately notify a circuit court in
the county in which the person or property was taken into custody
of the fact the person was taken into custody and the person's or
property's whereabouts. When the judge of such a court is so
informed the judge shall immediately hear evidence on the matter,
determine whether probable cause exists for the custody and enter
an order as deemed appropriate by the court pending the filing of
a petition and affidavits under ORS 433.019. The court shall not
allow the person or property to be held in custody for longer
than two judicial days without a petition being filed under ORS
433.019.
SECTION 119. ORS 433.035 is amended to read:
433.035. (1) Whenever the Director of { - Human Services - }
{ + Public Health + } or any local public health administrator
reasonably believes any person within the jurisdiction of the
director or local public health administrator has any
communicable disease identified by rule of the Department of
{ - Human Services - } { + Public Health + } to be a
reportable disease, the director or local public health
administrator may cause a medical examination to be made of such
person to determine whether the person has a communicable
disease. The person who orders an examination pursuant to this
section shall, in the order, make written findings stating the
communicable disease that the person ordering the examination
believes the person has, the reasons for that belief, that
medical or laboratory confirmation of the disease is feasible and
possible and that such confirmation would enable control measures
to be taken to minimize infection of others with the disease. The
order shall also include a statement that the person may refuse
to submit to the examination and that if so, a public health
measure may be imposed.
(2) When any person is directed to submit to an examination
under subsection (1) of this section and the person agrees to do
so, the person shall submit to such examination as may be
necessary to establish the presence or absence of the
communicable disease for which the medical examination was
directed. The examination shall be carried out by the local
health officer or a physician licensed by the Board of Medical
Examiners for the State of Oregon or the Naturopathic Board of
Examiners. A written report of the results of such examination
shall be made to the person ordering the examination. Laboratory
examinations, if any, shall be carried out by the laboratory of
the department whenever such examinations are within the scope of
the tests conducted by the laboratory. If treatment is needed,
the person, the parent or guardian of the person shall be liable
for the costs of treatment based on the examination carried out
under this section, when able to pay such costs. Cost of any
examination performed by a physician in private practice shall be
paid from public funds available to the local public health
administrator, if any, or from county funds available for general
governmental expenses in the county for which the local public
health administrator serves or in the county where the person
examined resides if the local public health administrator serves
more than one county or the examination was ordered by the
director.
(3) If the person directed to submit to a medical examination
pursuant to subsection (1) of this section refuses to do so the
director or the local public health administrator may impose a
public health measure pursuant to ORS 433.019, 433.022 and
433.106.
(4) In any proceeding under ORS 433.019, 433.022 and 433.106,
the lack of confirming medical or laboratory evidence that could
be obtained by an examination which was refused when requested
under this section shall not preclude a finding that probable
cause exists.
SECTION 120. ORS 433.040 is amended to read:
433.040. (1) As used in this section, 'vaccine' includes
vaccines, immune products and chemoprophylactic medications.
(2) When the State Health Officer of the Department of
{ - Human Services - } { + Public Health + } determines that
there is clear evidence that adverse and avoidable health
outcomes from a preventable and acute communicable disease are
expected to affect identifiable categories of high-risk
individuals throughout Oregon and that assistance with the
administration of vaccine is warranted due to a vaccine shortage
to protect or treat such individuals, the health officer shall
implement the Oregon Vaccine Education and Prioritization Plan as
provided in subsection (3) of this section.
(3) The Department of { - Human Services - } { + Public
Health + } shall develop and adopt by rule the Oregon Vaccine
Education and Prioritization Plan to protect the public health
during a vaccine shortage. The plan shall consist of:
(a) Guidelines for physicians, nurses, hospitals, health
systems, pharmacies and others that hold vaccines for the
distribution and administration of vaccines. The guidelines shall
include, but are not limited to, a definition of high-risk groups
for priority protection or treatment in the event a vaccine
shortage is imminent;
(b) Rules for imposing a civil penalty of $500 against persons
who knowingly violate the guidelines for each repeat violation of
the guidelines; and
(c) Procedures for:
(A) Mobilizing public and private health resources to assist in
vaccine distribution and administration; and
(B) Notifying health professional regulatory boards and
licensing authorities of repeated violations of the guidelines by
health professionals regulated by the board or licensed by the
authority.
SECTION 121. ORS 433.045 is amended to read:
433.045. (1) Except as provided in ORS 433.080, no person shall
subject the blood of an individual to an HIV test without first
obtaining informed consent as described in subsection (2) or (7)
of this section.
(2) A physician licensed under ORS chapter 677 shall comply
with the requirement of subsection (1) of this section through
the procedure in ORS 677.097. Any other licensed health care
provider or facility shall comply with the requirement of
subsection (1) of this section through a procedure substantially
similar to that specified in ORS 677.097. Any other person shall
comply with this requirement through use of such forms,
procedures and educational materials as the Department of
{ - Human Services - } { + Public Health + } shall specify.
(3) Regardless of the manner of receipt or the source of the
information, including information received from the tested
individual, no person shall disclose or be compelled to disclose
the identity of any individual upon whom an HIV-related test is
performed, or the results of such a test in a manner which
permits identification of the subject of the test, except as
required or permitted by federal law, the law of this state or
any rule, including any Department of { - Human Services - }
{ + Public Health + } rule considered necessary for public
health or health care purposes, or as authorized by the
individual whose blood is tested.
(4) Any person who complies with the requirements of this
section shall not be subject to an action for civil damages.
(5) An HIV test shall be considered diagnosis of venereal
disease for purposes of ORS 109.610.
(6) As used in this section:
(a) 'HIV test' means a test of an individual for the presence
of human immunodeficiency virus (HIV), or for antibodies or
antigens that result from HIV infection, or for any other
substance specifically indicating infection with HIV.
(b) 'Person' includes but is not limited to any health care
provider, health care facility, clinical laboratory, blood or
sperm bank, insurer, insurance agent, insurance-support
organization, as defined in ORS 746.600, government agency,
employer, research organization or agent of any of them. For
purposes of subsection (3) of this section, 'person' does not
include an individual acting in a private capacity and not in an
employment, occupational or professional capacity.
(7) Whenever an insurer, insurance agent or insurance support
organization asks an applicant for insurance to take an HIV test
in connection with an application for insurance, the use of such
a test must be revealed to the applicant and the written consent
thereof obtained. The consent form shall disclose the purpose of
the test and the persons to whom the results may be disclosed.
SECTION 122. ORS 433.055 is amended to read:
433.055. (1) The Department of { - Human Services - }
{ + Public Health + } shall conduct studies of the prevalence of
the HIV infection in this state. Its findings shall be reported
to the Public Health Advisory Board, the Conference of Local
Health Officials, the Emergency Board and other interested bodies
at regular intervals { - , commencing in January 1988 - } . The
Department of { - Human Services - } { + Public Health + } may
cause the prevalence study of persons sentenced to the Department
of Corrections of this state, as defined in ORS 421.005, to be
made.
(2) The Department of { - Human Services - } { + Public
Health + } shall contract with an appropriate education agency to
prepare a curriculum regarding HIV infection, acquired immune
deficiency syndrome (AIDS) and prevention of the spread of AIDS
for all school districts and offer workshops to prepare teachers
and parents to implement the curriculum. The department shall
award incentive grants from funds available therefor to school
districts to encourage use of the curriculum in the schools.
(3) Prior informed consent to HIV antibody testing need not be
obtained from an individual if the test is for the purpose of
research as authorized by the Department of { - Human
Services - } { + Public Health + } and if the testing is
performed in a manner by which the identity of the test subject
is not known, and may not be retrieved by the researcher.
SECTION 123. ORS 433.060 is amended to read:
433.060. As used in ORS 433.060 to 433.085 unless the context
requires otherwise:
(1) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(2) 'Health care facility' means a facility as defined in ORS
442.015 and a mental health facility, alcohol treatment facility
or drug treatment facility licensed or operated under ORS chapter
426 and 430.397 to 430.401 or ORS chapter 430.
(3) 'Hepatitis test' means a test of an individual for the
presence of hepatitis B or C or for any other substance
specifically indicating the presence of hepatitis B or C.
(4) 'HIV test' means a test of an individual for the presence
of human immunodeficiency virus (HIV), or for antibodies or
antigens that result from HIV infection, or for any other
substance specifically indicating infection with HIV.
(5) 'Licensed health care provider' or 'health care provider'
means a person licensed or certified to provide health care under
ORS chapter 677, 678, 679, 680, 684 or 685 or ORS 682.157, or
under comparable statutes of any other state.
(6) 'Local public health administrator' means the public health
administrator of the county or district health department for the
jurisdiction in which the reported substantial exposure occurred.
(7) 'Local public health officer' means the health officer, as
described in ORS 431.418, of the county or district health
department for the jurisdiction in which the substantial exposure
occurred.
(8) 'Occupational exposure' means a substantial exposure of a
worker in the course of the worker's occupation.
(9) 'Source person' means a person who is the source of the
blood or body fluid in the instance of a substantial exposure of
another person.
(10) 'Substantial exposure' means an exposure to blood or
certain body fluids as defined by rule of the Department of
{ - Human Services - } { + Public Health + } to have a
potential for transmitting the human immunodeficiency virus based
upon current scientific information.
(11) 'Worker' means a person who is licensed or certified to
provide health care under ORS chapters 677, 678, 679, 680, 684 or
685 or ORS 682.157, an employee of a health care facility, of a
licensed health care provider or of a clinical laboratory, as
defined in ORS 438.010 (1), a firefighter, a law enforcement
officer, as defined in ORS 414.805, a corrections officer or a
probation officer.
SECTION 124. ORS 433.065 is amended to read:
433.065. (1) The Department of { - Human Services - }
{ + Public Health + } shall by rule prescribe procedures:
(a) Whereby a worker who has experienced an occupational
exposure may request or cause to be requested the source person's
voluntary informed consent to an HIV test;
(b) Whereby a person who, while being administered health care,
has experienced a substantial exposure from a worker shall be
given notice of such exposure and be given opportunity to request
or cause to be requested the worker's voluntary informed consent
to an HIV test; and
(c) Whereby a person who has experienced a substantial exposure
shall be offered information about HIV infection, methods of
preventing HIV infection and HIV tests.
(2) Rules prescribing procedures under subsection (1)(a) of
this section may require the participation or intervention of the
health care facility and licensed health care provider providing
care to the source person and may require the further
participation or intervention of the local public health
administrator or local public health officer.
(3) Where the source person under subsection (1)(a) of this
section is not known to be under the care of a health care
facility or provider or cannot be located, and in the case of
procedures under subsection (2) of this section, the rules may
require the participation and intervention of the local public
health administrator.
(4) The rules under this section may also include, but need not
be limited to, time frames within which the notice and other
procedures are to be performed and by whom, prescribed forms for
reporting of exposures, and for recording of results of
procedures undertaken and restrictions upon disclosure of such
reports and records only to specific persons.
SECTION 125. ORS 433.075 is amended to read:
433.075. (1) The informed consent provisions of ORS 433.045 (1)
and (2) apply to any request for consent to an HIV test under
rules adopted pursuant to ORS 433.065.
(2) When a source person is deceased, consent for voluntary
informed consent under ORS 433.065 shall be from the next of kin.
(3) When an HIV test is performed pursuant to ORS 433.080 or
rules adopted under ORS 433.065, the exposed person requesting
the test, or the exposed person's employer in the case of an
occupational exposure, shall be responsible for the cost of the
testing.
(4) Where an employer provides a program of prevention,
education and testing for HIV exposures for its employees, the
employee to be tested under the provisions of this Act shall
comply with the procedures provided by such program. Such program
must be approved by the Department of { - Human Services - }
{ + Public Health + }.
(5) When an HIV test is performed pursuant to ORS 433.080 or
rules adopted under ORS 433.065, the results shall be reported
confidentially to the person who suffered the substantial
exposure giving rise to the test.
(6) The confidentiality provisions of ORS 433.045 (3) apply to
any person who receives an HIV test result pursuant to ORS
433.080 or rules adopted under ORS 433.065. Any person who
complies with the requirements of this subsection shall not be
subject to an action for damages.
SECTION 126. ORS 433.080 is amended to read:
433.080. When the Department of { - Human Services - }
{ + Public Health + } declares by rule that mandatory testing of
source persons could help a defined class of workers from being
infected or infecting others with the human immunodeficiency
virus, the following apply:
(1) When a source person, after having been first requested to
consent to testing by rules adopted under ORS 433.065, has
refused or within a time period prescribed by rule of the
department has failed to submit to the requested test, except
when the exposed person has knowledge that the exposed person has
a history of a positive HIV test, the exposed person may seek
mandatory testing of the source person by filing a petition with
the circuit court for the county in which the exposure occurred.
The form for the petition shall be as prescribed by the
department and shall be obtained from the local public health
department.
(2) The petition shall name the source person as the respondent
and shall include a short and plain statement of facts alleging:
(a) The petitioner is a worker subjected to an occupational
exposure or a person who has been subjected to a substantial
exposure by a worker administering health care and the respondent
is the source person;
(b) The petitioner is in the class of workers defined by rule
of the Department of { - Human Services - } { + Public
Health + } under this section;
(c) All procedures for obtaining the respondent's consent to an
HIV test by rules adopted under ORS 433.065 have been exhausted
by the petitioner and the respondent has refused to consent to
the test, or within the time period prescribed by rule of the
department has failed to submit to the test;
(d) The petitioner has no knowledge that the petitioner has a
history of a positive HIV test and has since the exposure, within
a time period prescribed by rule of the department, submitted a
specimen from the petitioner for an HIV test; and
(e) The injury that petitioner is suffering or will suffer if
the source person is not ordered to submit to an HIV test.
(3) The petition shall be accompanied by the certificate of the
local public health administrator declaring that, based upon
information in the possession of the administrator, the facts
stated in the allegations under subsection (2)(a), (b) and (c) of
this section are true.
(4) Upon the filing of the petition, the court shall issue a
citation to the respondent stating the nature of the proceedings,
the statutes involved and the relief requested and, that if the
respondent does not appear at the time and place for hearing
stated in the citation, that the court will order the relief
requested in the petition.
(5) The citation shall be served on the respondent together
with a copy of the petition by the county sheriff or deputy. The
person serving the citation and petition shall, immediately after
service thereof, make a return showing the time, place and manner
of such service and file it with the clerk of the court.
(6) The hearing shall be held within three days of the service
of the citation upon the respondent. The court may for good cause
allow an additional period of 48 hours if additional time is
requested by the respondent.
(7) Both the petitioner and the local public health
administrator certifying to the matter alleged in the petition
shall appear at the hearing. The hearing of the case shall be
informal with the object of resolving the issue before the court
promptly and economically between the parties. The parties shall
be entitled to subpoena witnesses, to offer evidence and to
cross-examine. The judge may examine witnesses to
{ - insure - } { + ensure + } a full inquiry into the facts
necessary for a determination of the matter before the court.
(8) After hearing all of the evidence, the court shall
determine the truth of the allegations contained in the petition.
The court shall order the respondent to submit to the requested
test by a licensed health care provider without delay if, based
upon clear and convincing evidence, the court finds that:
(a) The allegations in the petition are true;
(b) The injury the petitioner is suffering or will suffer is an
injury that only the relief requested will adequately remedy; and
(c) The interest of the petitioner in obtaining the relief
clearly outweighs the privacy interest of the respondent in
withholding consent.
(9) If the court does not make the finding described in
subsection (8) of this section, the court shall dismiss the
petition.
(10) Failure to obey the order of the court shall be subject to
contempt proceedings pursuant to law.
SECTION 127. ORS 433.085 is amended to read:
433.085. (1) Notwithstanding any other provision of law, any
law enforcement officer as defined in ORS 414.805, parole and
probation officer, corrections officer, emergency medical
technician, firefighter or paramedic who in the performance of
the individual's official duties comes into contact with the
bodily fluids of another person may seek to have the source
person tested for HIV and hepatitis B or C by petitioning the
circuit court for an order compelling the testing.
(2) The petition submitted to the court must set forth the
facts and circumstances of the contact and the reasons the
petitioner and a medically trained person representing the
petitioner, if available, believe the exposure was substantial
and the testing would be appropriate. The petition must also
include information sufficient to identify the alleged source
person and the location of the alleged source person, if known.
The court shall hold an ex parte hearing in person or by
telephone on the day of receipt of the petition, if possible, or
within a reasonable period not to exceed three judicial days.
Upon a showing that the petitioner has been exposed to the bodily
fluids of another person and the circumstances create probable
cause to conclude that a significant possibility exists that the
petitioner has been exposed to HIV or hepatitis B or C, the court
shall order the testing of the source person.
(3) If the court orders a test under subsection (2) of this
section:
(a) The order shall direct the source person to allow the
required test to be performed by a licensed health care provider
without delay and may specify a time when the test must be
completed. If the source person is in custody or otherwise
subject to the legal control of another person, the order may be
directed to the agency with custody of, or the other person with
legal control over, the source person and direct the agency or
other person to provide the source person with a copy of the
order and ensure that the required test is performed.
(b) The petitioner shall designate a physician to receive the
test results on behalf of the petitioner.
(c) The order must inform the source person, agency or other
person of who is to receive the results of the test and of how to
obtain payment for costs under subsection (6) of this section.
(d) The order shall be served on the source person, or the
agency with custody of or other person with legal control over
the source person, in the manner directed by the court. The court
may provide for service of the order by any means appropriate to
the circumstances of the source person, including but not limited
to service by the petitioner or by directing the sheriff to serve
the order. Any costs of service shall be paid as provided under
subsection (6) of this section.
(e) The order is enforceable through the contempt powers of the
court.
(4) The results of any test ordered under this section are
confidential and subject to the confidentiality provisions of ORS
433.045 (3). The results shall be made available only to those
persons authorized under ORS 433.045 (3) and to the petitioner,
the physician designated by the petitioner to receive the
results, the Department of { - Human Services - } { + Public
Health + }, the subject person and any physician designated by
the subject person to receive the results.
(5) If the test results are negative, the court may order the
subject person to submit to additional testing six months after
the first test was conducted.
(6) No charge or filing fee may be imposed for the filing of a
petition under this section. The cost of any testing ordered
under this section shall be the responsibility of the employer of
the petitioner.
SECTION 128. ORS 433.092 is amended to read:
433.092. The purpose of ORS 433.090 to 433.102 is to waive the
requirement of consent for release of information from, or
providing information to, the immunization record of a client of
any immunization registry and to waive issues of confidentiality
in regard to this information. The waiver allows providers, the
Department of { - Human Services - } { + Public Health + }
and local health departments and their agents, parents or
guardians, schools and children's facilities to share information
from the immunization record through or between immunization
registries without violating confidentiality. The immunization
registries and the associated tracking and recall systems are
designed to increase the state's immunization rates for clients
and help prevent the spread of the diseases at which the
immunizations are aimed. Immunizations are a proven benefit to
individuals and society. An immunization registry reduces
inappropriate immunizations and increases appropriate
immunizations because clients' records will be easily available
to all providers.
SECTION 129. ORS 433.094 is amended to read:
433.094. Subject to availability of funds, the Department of
{ - Human Services - } { + Public Health + }, a local health
department, or both, or their agents or other providers shall be
permitted to develop an immunization registry and an associated
tracking and recall system to include, but not be limited to,
children and young adults. This system shall include, but not be
limited to, the following:
(1) Registering all clients born in or living in this state;
(2) Tracking and updating immunization histories of the
registered clients and retaining in appropriate form information
about clients who have attained 18 years of age for release only
as provided in ORS 433.098 (2);
(3) Allowing a provider to provide information to and obtain
information from the immunization and immunization tracking and
recall records contained in an immunization registry without the
consent of the client or the parent or guardian of the client;
(4) Allowing an immunization record of a client to be released
to that client's parent, guardian, school, children's facility or
provider;
(5) Notifying in writing the parent or guardian of a client, at
least through five years of age, when the tracking and recall
system indicates that a client has missed a scheduled
immunization and, if the client has not been immunized after two
notifications, arranging to have the parent or guardian contacted
personally;
(6) Integrating with any immunization registry and its
associated tracking and recall systems within this state; and
(7) Working with health care providers to develop easy
information transfer systems.
SECTION 130. ORS 433.096 is amended to read:
433.096. Nothing in ORS 179.505, 192.410 to 192.505, 192.525,
192.530, 677.190 (5) or the client and provider privilege shall
prevent:
(1) A provider, a local health department, the Department of
Human Services { + , the Department of Public Health + }, the
parent or guardian of a client, a school or a children's facility
from providing information to and receiving information from the
immunization record of a client from the immunization registry;
or
(2) The immunization registry from:
(a) Providing immunization information to or receiving
immunization information from a client's immunization record from
a provider, a local health department, the Department of Human
Services { + , the Department of Public Health + } or the parent
or guardian of a client, a school or a children's facility;
(b) Notifying or personally contacting a client or the parent
or guardian of that client about the client's immunization
status; or
(c) Providing or publishing information in aggregate form that
does not identify a client.
SECTION 131. ORS 433.098 is amended to read:
433.098. (1) A provider, or a local health department, the
Department of { - Human Services - } { + Public Health + } or
the agents of any of them, children's facilities and schools
shall not be subject to an action or be liable for sharing
information from the immunization record or using information
from the immunization tracking and recall record for purposes of
tracking immunizations of clients and for outreach to clients who
have missed immunizations.
(2) Information in an immunization registry or in the
immunization tracking and recall record or derived therefrom is
confidential and shall not be disclosed to any person who is not
specifically authorized to receive information under ORS 433.090
to 433.102. However, when a client attains 18 years of age,
information in the registry shall be made available only with the
written consent of the client unless the requester shows a public
health need for the information. Upon the written request of a
client who is at least 18 years of age, the registry shall purge
that client's immunization record and tracking and recall record
from the registry.
SECTION 132. ORS 433.100 is amended to read:
433.100. (1) The Department of { - Human Services - }
{ + Public Health + } shall adopt rules pertaining to the
development and implementation of the immunization registries and
their associated tracking and recall systems. The rules shall
include a process by which a custodial parent or guardian can
control the transfer of information from the immunization record
or the immunization tracking and recall record when such control
is necessary to protect the health or safety of the family.
(2) Nothing in this section requires the consent of a parent or
guardian prior to enrolling the child in the registry or
restricts the registry from providing tracking and recall
information to a custodial parent or guardian.
SECTION 133. ORS 433.106 is amended to read:
433.106. (1) When compliance with a necessary control measure
is not voluntarily obtained or where noncompliance is imminently
threatened, the Director of { - Human Services - } { + Public
Health + } or any local public health administrator, in the
manner described in ORS 433.019 and 433.022, may impose a public
health measure on a person or property in order to prevent the
spread of or exposure to a disease or a contaminant that is a
threat to the public.
(2) Nothing in this section or in ORS 433.019 or 433.022
prohibits excluding any person from any occupation or from
attendance in any school or facility as is otherwise authorized
by law.
SECTION 134. ORS 433.110 is amended to read:
433.110. Every physician attending a person affected with any
communicable disease shall use such precautionary measures to
prevent the spread of the disease as the Department of
{ - Human Services - } { + Public Health + } may prescribe by
rule.
SECTION 135. ORS 433.130 is amended to read:
433.130. Any magistrate authorized to issue warrants in
criminal cases shall issue a warrant upon affidavit of the
Director of { - Human Services - } { + Public Health + } or
any local public health officer, directing the warrant to the
sheriff of the county or the deputy of the sheriff, or to any
constable or police officer, requiring them under the direction
of the Department of
{ - Human Services - } { + Public Health + } to enforce all
public health measures required by orders under ORS 433.019,
433.022 and 433.106.
SECTION 136. ORS 433.140 is amended to read:
433.140. (1) The expenses incurred under ORS 433.135, when
properly certified by the executive officer of such board, shall
be paid by the person quarantined, when able to pay them.
(2) The Department of { - Human Services - } { + Public
Health + } may provide general assistance, including medical care
for such person, on the basis of need, provided that no payment
shall be made for the care of any such person in or under the
care of any public institution or public agency or municipality.
SECTION 137. ORS 433.216 is amended to read:
433.216. If the Director of { - Human Services - } { +
Public Health + } finds that there is an imminent risk of the
introduction into the state by means of any public or private
conveyance of any dangerous communicable disease or toxic
substance which presents a substantial threat to public health,
the director may detain such conveyance for inspection or
investigation.
SECTION 138. ORS 433.220 is amended to read:
433.220. (1) If upon inspection pursuant to ORS 433.216, there
is discovered among the passengers or goods therein the existence
of any communicable disease or toxic substance which presents a
substantial threat to public health, the Director of
{ - Human Services - } { + Public Health + }, under rules of
the Department of
{ - Human Services - } { + Public Health, + } may:
(a) Isolate or quarantine or impose other public health
measures on such persons or goods in accordance with ORS 433.019,
433.022 and 433.106.
(b) Cause the passengers and material in the involved
conveyance to be subjected to requirements by the department for
the control of the specific communicable disease or prevention of
harm to the public health from the toxic substance.
(c) Offer free immunization in those diseases to which such
prophylactic treatment is applicable to all persons exposed in
any conveyance.
(2) Should any question arise as to the existence of any
emergency, the director shall have final jurisdiction.
SECTION 139. ORS 433.235 is amended to read:
433.235. As used in ORS 433.235 to 433.284:
(1) 'Administrator' means the principal or other person having
general control and supervision of a school or children's
facility.
(2) 'Children's facility' or 'facility' means:
(a) A certified child care facility as described in ORS
657A.030 and 657A.250 to 657A.450, except as exempted by rule of
the Department of { - Human Services - } { + Public
Health + };
(b) A program operated by, or sharing the premises with, a
certified child care facility, school or post-secondary
institution where care is provided to children, six weeks of age
to kindergarten entry, except as exempted by rule of the
department; or
(c) A program providing child care or educational services to
children, six weeks of age to kindergarten entry, in a
residential or nonresidential setting, except as exempted by rule
of the department.
(3) 'Local health department' means the district or county
board of health, public health officer, public health
administrator or { + local + } health department having
jurisdiction within the area.
(4) 'Parent' means a parent or guardian of a child or any adult
responsible for the child.
(5) 'Physician' means a physician licensed by the Board of
Medical Examiners for the State of Oregon or by the Naturopathic
Board of Examiners or a physician similarly licensed by another
state or country in which the physician practices or a
commissioned medical officer of the Armed Forces or Public Health
Service of the United States.
(6) 'School' means a public, private or parochial school
offering kindergarten through grade 12 or any part thereof,
except as exempted by rule of the Department of { - Human
Services - } { + Public Health + }.
SECTION 140. ORS 433.245 is amended to read:
433.245. (1) The Director of { - Human Services - }
{ + Public Health + } shall appoint a committee to advise the
Department of { - Human Services - } { + Public Health + } on
the administration of the provisions of ORS 433.235 to 433.284,
including the adoption of rules pursuant to ORS 433.269 (2),
433.273, 433.282 and 433.283.
(2) Members of the committee appointed pursuant to subsection
(1) of this section shall include, but need not be limited to,
representatives of the Department of { - Human Services - }
{ + Public Health + }, the Department of Education, public,
private and parochial schools, children's facilities,
institutions of post-secondary education, education service
districts, local health departments, the boards of county
commissioners or county courts and the public.
SECTION 141. ORS 433.255 is amended to read:
433.255. Except in strict conformity with the rules of the
Department of { - Human Services - } { + Public Health + },
no child or employee shall be permitted to be in any school or
children's facility when:
(1) That child or employee has any restrictable disease;
(2) That child or employee comes from any house in which exists
any restrictable disease; or
(3) That child has been excluded as provided in ORS 433.267 (5)
or (8).
SECTION 142. ORS 433.260 is amended to read:
433.260. (1) Whenever any administrator has reason to suspect
that any child or employee has or has been exposed to any
restrictable disease and is required by the rules of the
Department of { - Human Services - } { + Public Health + } to
be excluded from a school or children's facility, the
administrator shall send such person home and, if the disease is
one that must be reported to the department, report the
occurrence to the local health department by the most direct
means available.
(2) Any person excluded under subsection (1) of this section
shall not be permitted to be in the school or facility until the
person presents a certificate from a physician, local health
department nurse or school nurse stating that the person does not
have or is not a carrier of any restrictable disease.
SECTION 143. ORS 433.267 is amended to read:
433.267. (1) As a condition of attendance in any school or
children's facility in this state, every child through grade 12
shall submit to the administrator one of the following statements
unless the school or facility which the child attends already has
on file a record which indicates that the child has received
immunizations against the restrictable diseases prescribed by
rules of the Department of { - Human Services - } { + Public
Health + } as provided in ORS 433.273:
(a) A statement signed by the parent, a practitioner of the
healing arts who has within the scope of the practitioner's
license the authority to administer immunizations or a
representative of the local health department certifying the
immunizations the child has received;
(b) A statement signed by a physician or a representative of
the local health department that the child should be exempted
from receiving specified immunization because of indicated
medical diagnosis;
(c) A statement signed by the parent that the child has not
been immunized as described in paragraph (a) of this subsection
because the child is being reared as an adherent to a religion
the teachings of which are opposed to such immunization; or
(d) A statement signed by the parent of a child transferring to
a school or facility from another school or facility that the
parent will have records required by paragraphs (a) to (c) of
this subsection for the child sent to the school or facility
within 30 days of initial attendance of the child therein. The
statement shall be accompanied by a presigned exclusion order
from the local health department to be used as described in
subsection (6) of this section.
(2) A child shall be required to submit the statement described
in subsection (1) of this section prior to attending the school
or facility.
(3) Persons who have been emancipated pursuant to ORS 419B.558
or who have reached the age of majority as provided in ORS
109.510 or 109.520 may sign those statements on their own behalf
otherwise requiring the signatures of parents under subsection
(1) of this section.
(4) The administrator shall conduct a primary evaluation of the
records submitted pursuant to subsection (1) of this section to
determine whether the child is entitled to begin attendance by
reason of having submitted a statement that complies with the
requirements of subsection (1) of this section.
(5) If the records do not meet the initial minimum requirements
established by rule, the child shall not be allowed to attend
until the requirements are met. If the records meet the initial
minimum requirements, the child shall be allowed to attend.
(6) If the records are not received within 30 days, as provided
in subsection (1)(d) of this section, the administrator shall
enforce the presigned exclusion order and exclude the child in
accordance with a time schedule established by rule of the
department.
(7) At the time specified by the department by rule, records
for children meeting the initial minimum requirements and records
previously on file shall be reviewed for completion of
requirements by the administrator to determine whether the child
is entitled to continue in attendance. If the records do not
comply, the administrator shall notify the local health
department and shall transmit any records concerning the child's
immunization status to the local health department.
(8) The local health department shall provide for a secondary
evaluation of the records to determine whether the child should
be excluded for noncompliance with the requirements stated in
subsection (1)(a), (b) or (d) of this section. If the child is
determined to be in noncompliance, the local health department
shall issue an exclusion order and shall send copies of the order
to the parent or the person who is emancipated or has reached the
age of majority and the administrator. On the effective date of
the order, the administrator shall exclude the child from the
school or facility and not allow the child to attend the school
or facility until the requirements of this section have been met.
(9) The administrator shall readmit the child to the school or
facility when in the judgment of the local health department the
child is in compliance with the requirements of this section.
(10) The administrator shall be responsible for updating the
statement described in subsection (1)(a) of this section as
necessary to reflect the current status of the immunization of
the child and the time at which the child comes into compliance
with immunizations against the restrictable diseases prescribed
by rules of the department pursuant to ORS 433.273.
(11) Nothing in this section shall be construed as relieving
agencies, in addition to school districts, which are involved in
the maintenance and evaluation of immunization records on April
27, 1981, from continuing responsibility for these activities.
(12) All statements required by this section shall be on forms
approved or provided by the department.
(13) In lieu of signed statements from practitioners of the
healing arts, the department may accept immunization record
updates using practitioner documented immunization records
generated by electronic means or on practitioner letterhead but
unsigned, if the department determines such records are accurate.
SECTION 144. ORS 433.269 is amended to read:
433.269. (1) Local health departments shall make available
immunizations to be administered under the direction of the local
health officer in convenient areas and at convenient times. No
person shall be refused service because of inability to pay.
(2) The local health department and all schools and children's
facilities shall report annually to the Department of
{ - Human Services - } { + Public Health + } as specified in
the rules of the Department of { - Human Services - }
{ + Public Health + } on the number of children in the area
served and those children who are susceptible to restrictable
disease as prescribed by rules of the Department of { - Human
Services - } { + Public Health + } pursuant to ORS 433.273 by
reason of noncompliance. A child exempted under ORS 433.267 shall
be considered to be susceptible.
(3) The administrator shall maintain immunization records of
children, including children in attendance conditionally because
of incomplete immunization schedules and children exempted under
ORS 433.267.
SECTION 145. ORS 433.271 is amended to read:
433.271. The Department of { - Human Services - } { +
Public Health + } may not purchase or distribute a pediatric
vaccine necessary for school entry immunization requirements if
the vaccine contains thimerosal, unless thimerosal is detectable
only in trace amounts or no other vaccine for the same purpose is
commercially available in a form that does not contain
thimerosal. The department may purchase and distribute a
pediatric vaccine that contains thimerosal if no other vaccine
for the same purpose is commercially available in a form that
does not contain thimerosal.
SECTION 146. Section 1, chapter 720, Oregon Laws 2001, is
amended to read:
{ + Sec. 1. + } The Department of { - Human Services - }
{ + Public Health + }, in consultation with members of the
medical community, educators and county health departments, shall
formulate a plan to be implemented by July 1, 2006, to include
hepatitis A and pneumococcal conjugate vaccines in the
immunization requirements for entry into school and school-based
day care in Oregon. The Department of Human Services shall report
the plan to the appropriate health-related interim committee
prior to the beginning of the Seventy-second Legislative
Assembly.
SECTION 147. ORS 433.273 is amended to read:
433.273. The Department of { - Human Services - }
{ + Public Health + } shall adopt rules pertaining to the
implementation of ORS 433.235 to 433.284, which shall include,
but need not be limited to:
(1) The definition of 'restrictable' disease;
(2) The required immunization against diseases, including
rubella, considered to be dangerous to the public health under
ORS 433.267;
(3) The time schedule for immunization;
(4) The approved means of immunization;
(5) The procedures and time schedule whereby children may be
excluded from attendance in schools or facilities, including
service of notice to parents;
(6) The manner in which immunization records for children are
established, evaluated and maintained;
(7) The exempted schools and children's facilities; and
(8) The implementation of ORS 433.282 and 433.283.
SECTION 148. ORS 433.282 is amended to read:
433.282. (1) The Department of { - Human Services - }
{ + Public Health + } may require each post-secondary
educational institution, except a community college and a career
school, to require that each entering full-time student born on
or after January 1, 1957, has current immunizations against
measles prior to the student's second quarter or semester of
enrollment on an Oregon campus, using procedures developed by the
institution.
(2) The department { - of Human Services - } by rule shall
establish immunization schedules and may further limit the
students and programs to which the requirement applies.
(3) The department { - of Human Services - } may conduct
validation surveys to ensure compliance with this section.
SECTION 149. ORS 433.283 is amended to read:
433.283. (1) The Department of { - Human Services - }
{ + Public Health + } may require each community college to
require that students involved in clinical experiences in allied
health programs, practicum experiences in education and child
care programs and membership on intercollegiate sports teams have
current immunizations for measles prior to each student's
participation. The requirement shall apply only to those
students born on or after January 1, 1957.
(2) The State Board of Education by rule shall define clinical
experiences in allied health programs, practicum experiences in
education and child care programs and membership on
intercollegiate sports teams at the community colleges. The
department { - of Human Services - } by rule shall establish
immunization schedules and may further limit the students and
programs to which the requirement applies. Each community college
shall develop procedures to implement and maintain this
requirement.
(3) The department { - of Human Services - } may conduct
validation surveys to { - insure - } { + ensure + }
compliance with this section. Community colleges shall be
required to keep immunization records only while the student is
involved in the program.
SECTION 150. ORS 433.285 is amended to read:
433.285. (1) It hereby is declared to be a matter of public
policy of the State of Oregon that in the interest of public
health and the prevention of mental retardation, every infant,
shall be given tests approved by the Department of { - Human
Services - } { + Public Health + } for the detection of the
disease of phenylketonuria and other metabolic diseases.
(2) The department { - of Human Services - } by rule shall
specify the diseases for which infants shall be tested under
subsection (1) of this section, the appropriate time following
delivery for collecting specimens, the manner in which the
specimens are to be submitted, the persons responsible for
submitting the specimens, the methods of testing and the manner
of payment of the fees.
(3) The testing required by subsection (1) of this section
shall not be required if the infant is being reared as an
adherent to a religion the teachings of which are opposed to such
testing. The person responsible for submitting specimens under
the rules of the department { - of Human Services - } shall be
responsible for submitting a statement signed by the infant's
parent that the infant is being so reared. The department by rule
shall prescribe the form of the statement.
(4) The department { - of Human Services - } shall adopt by
rule a procedure whereby the fees established under subsection
(2) of this section shall be waived and no infant refused service
because of the parent's inability to pay the fee.
(5) The department { - of Human Services - } by rule shall
prescribe the procedure to be followed in cases where initial
testing for metabolic diseases is administered too early to
detect these diseases, where the sample submitted for testing is
improperly collected and where a sample shows an abnormal result.
The department { - of Human Services - } , within the limits of
funds available from fees collected under this section, shall
institute a pilot program for follow-up on abnormal test results.
SECTION 151. ORS 433.290 is amended to read:
433.290. (1) The Legislative Assembly finds that many newborn
children are given their first tests for metabolic diseases too
early for the detection of these diseases because parents remove
these newborn infants from the hospital before the optimum
testing period commences. To assure proper first testing and
follow-up testing and increase knowledge about the nature and
results of these diseases, the Department of { - Human
Services - } { + Public Health + } shall institute and carry on
an intensive educational program among physicians, hospitals,
public health nurses, the parents of newborn children and the
public concerning the disease of phenylketonuria and other
metabolic diseases. This educational program shall include
information concerning:
(a) The nature of these diseases; and
(b) Examinations for the detection of these diseases in infancy
in order that measures may be taken to prevent the mental
retardation resulting from these diseases.
(2) The department { - of Human Services - } shall make a
special effort specifically to inform expectant parents and
parents of newborn children of the necessity of newborn infants
receiving appropriate tests within the optimum time range after
birth to prevent the mental retardation or other serious
complications resulting from these diseases.
SECTION 152. ORS 433.295 is amended to read:
433.295. (1) All physicians, public health nurses and the
administrators of hospitals shall report the discovery of cases
of phenylketonuria to the Department of { - Human Services - }
{ + Public Health + }.
(2) The department { - of Human Services - } shall furnish
all physicians, public health nurses and hospitals forms on which
the result of tests for phenylketonuria shall be reported to the
department { - of Human Services - } .
SECTION 153. ORS 433.312 is amended to read:
433.312. (1) The Department of { - Human Services - }
{ + Public Health + } in consultation with the Oregon Pediatric
Society by rule shall establish the appropriate dosage of vitamin
K and the procedures for administering vitamin K which may be
either by injection or orally.
(2) The department { - of Human Services - } in cooperation
with the licensing boards established in ORS chapters 677, 684
and 685 shall notify their licensees of these rules. Any
association of midwives shall also be notified.
SECTION 154. ORS 433.314 is amended to read:
433.314. The Department of { - Human Services - }
{ + Public Health + } shall institute and carry on an
educational program among medical and naturopathic physicians,
chiropractors, midwives, potential parents and the public
concerning the need for newborn infants to receive vitamin K
within 24 hours after birth.
SECTION 155. ORS 433.321 is amended to read:
433.321. (1) In all Oregon hospitals and birthing centers with
more than 200 live births per year, each newborn child shall
receive a newborn hearing screening test within one month of the
date of birth. A hospital or birthing center shall attempt to
conduct the test required under this subsection prior to the
discharge of the child from the facility.
(2) All Oregon hospitals and birthing centers with less than
200 live births per year shall provide the parent or guardian of
a newborn child with the appropriate information furnished by the
Department of { - Human Services - } { + Public Health + }
concerning the importance of newborn hearing screening tests.
(3) All Oregon hospitals and birthing centers conducting
newborn hearing screening tests shall:
(a) Within 10 days of the test, notify the parent or guardian
and the health care provider for the newborn child of the test
results;
(b) With the results of the test, provide names and contact
information for diagnostic facilities in the community; and
(c) On an annual basis, report to the department the number of
children tested and the number of children with abnormal results.
(4) Each public and private educational institution that
provides early intervention services as defined in ORS 343.035
shall, on an annual basis, inform the department of the number of
children enrolled in the institution who have diagnosed hearing
loss and who are receiving early intervention services.
(5) The department, in collaboration with the Child Development
and Rehabilitation Center and Oregon Health and Science
University shall, on an annual basis, provide to all Oregon
hospitals and birthing centers the following information:
(a) A description of the responsibilities created by this
section;
(b) A list of appropriate screening devices and descriptions of
training protocols to ensure that staff members are adequately
trained in the use of screening equipment;
(c) A list of newborn hearing screening testing and diagnostic
facilities;
(d) A list of public and private educational institutions that
provide early intervention services and a description of the
geographic area served by each institution; and
(e) Other information related to newborn hearing screening
tests that the department deems appropriate.
(6) A hospital or birthing center directed to provide newborn
hearing screening tests under this section is exempt from
providing such services if the parent or guardian of the newborn
child objects to the testing procedure on the grounds that the
procedure conflicts with the religious tenets and practices of
the parent or guardian. The parent or guardian must sign a
statement that the newborn infant is being so reared.
(7) No newborn child may be refused the procedure described in
subsection (1) of this section because of an inability of the
parent or guardian to pay for the procedure.
SECTION 156. ORS 433.323 is amended to read:
433.323. (1) The Department of { - Human Services - }
{ + Public Health + } shall collect information on newborn
hearing screening tests from Oregon hospitals, birthing centers
and educational institutions providing early intervention
services as defined in ORS 343.035.
(2) The department shall analyze the information collected
under subsection (1) of this section to determine the
effectiveness of the testing requirements of ORS 433.321 in
identifying hearing loss in the newborn child population.
(3) The department shall issue an annual report detailing the
results of the newborn hearing screening tests.
SECTION 157. ORS 433.345 is amended to read:
433.345. (1) If an animal bites a person and the bite causes a
break in the skin, or if an animal is suspected of rabies or has
been in close contact with an animal suspected of rabies, the
facts shall be immediately reported to the local health officer
by any person having direct knowledge.
(2) The Department of { - Human Services - } { + Public
Health + }, in consultation with the State Department of
Agriculture, shall promulgate rules relating to the handling and
disposition of animals that have bitten a person or are suspected
of rabies or that have been in close contact with an animal
suspected of rabies. Such rules may include requirements for
confinement, isolation and inoculation. Owners or persons in
possession of animals subject to such rules, shall handle or
dispose or allow the handling or disposal of such animals
strictly in accordance with such rules.
SECTION 158. ORS 433.350 is amended to read:
433.350. When confinement and observation of an animal for
purposes of determining infection with rabies will not avoid the
necessity of the application of painful or possibly dangerous
preventative treatment to a person who has been bitten or
scratched by such animal, the Director of { - Human
Services - } { + Public Health + } may order possession of the
animal to be immediately relinquished to the director or to the
authorized representative of the director and may order the
animal destroyed for examination of its bodily tissues.
SECTION 159. ORS 433.355 is amended to read:
433.355. (1) In the event of the refusal of the owner or person
in possession of an animal to comply with an order of the
Director of { - Human Services - } { + Public Health + }
under ORS 433.350, the director { - of Human Services - } or
the authorized representative of the director may petition the
circuit court of the county in which such animal is located for
an order requiring such owner or person to comply with such
order.
(2) The petition shall be verified and shall set forth the
facts relative to the refusal to comply with the order. A copy of
the petition shall be served upon the owner or person in
possession of the animal in the manner provided for service of
summons in civil actions. Such owner or person in possession
shall appear and answer the petition at a time and place set by
the court in an order, a copy of which shall be served with the
petition, directing the defendant to appear at such time and
place, and to then and there show cause, if any, why an order
directing compliance with the order of the director { - of
Human Services - } should not be granted. The time set by the
court for the hearing to show cause shall be made with due regard
for the circumstances of the person or persons who have been
subjected to the bite or scratch of the animal and whose health
or life may be in jeopardy.
(3) If the owner or person in possession fails to appear or the
court either with or without such appearance finds the
allegations of the petition are true and the order of the
director
{ - of Human Services - } is necessary under ORS 433.350, the
court shall enter its order requiring the owner or person in
possession of such animal to comply with the order of the
director { - of Human Services - } .
(4) The sheriff of the county in which the animal is located
shall execute such order by serving upon the owner or person in
possession a copy thereof duly certified to by the clerk of the
circuit court and by enforcing the provisions thereof.
SECTION 160. ORS 433.360 is amended to read:
433.360. (1) Whenever a case of animal rabies occurs, the fact
shall be reported to the Director of { - Human Services - }
{ + Public Health + } and to the State Department of
Agriculture immediately.
(2) The State Department of Agriculture in consultation with
the Director of { - Human Services - } { + Public Health + }
shall establish such quarantine under ORS chapter 596 as the
State Department of Agriculture and the Director of { - Human
Services - } { + Public Health + } may deem necessary.
(3) The State Department of Agriculture and the Director of
{ - Human Services - } { + Public Health + } may contract
with counties for the purpose of carrying out the provisions of
ORS 433.350, 433.355 and subsection (2) of this section.
SECTION 161. ORS 433.365 is amended to read:
433.365. (1) A dog that has permanent canine teeth or that is
six months of age or older must be inoculated against rabies,
unless specifically exempted by rule of the Department of
{ - Human Services - } { + Public Health + } or the State
Department of Agriculture.
(2) Unless pursuant to conditions specified in ORS 430.357, any
rules of the State Department of Agriculture or the Director of
{ - Human Services - } { + Public Health + } with respect to
inoculation shall:
(a) Not apply to animals brought temporarily into the state for
periods of less than 30 days but may require that the animals be
kept under strict supervision by the owners of the animals.
(b) Not apply to dogs or to any other animal specifically
exempted from the inoculation requirement by rule of the
Department of { - Human Services - } { + Public Health + } or
the State Department of Agriculture.
(3) The costs of all such required inoculations shall be borne
by the owners of the animal.
SECTION 162. ORS 433.367 is amended to read:
433.367. The Department of { - Human Services - }
{ + Public Health + } shall be responsible for development and
coordination of vaccination clinics at sufficient and reasonable
times at various locations throughout the state for the
inoculation of dogs against rabies. Costs of vaccination shall be
borne by the dog owner.
SECTION 163. ORS 433.370 is amended to read:
433.370. Every veterinarian inoculating an animal against
rabies shall supply to the owner evidence of inoculation which
shall consist of a certificate issued and signed by the
veterinarian. The form of the certificate shall be prescribed by
the Department of { - Human Services - } { + Public
Health + }.
SECTION 164. ORS 433.375 is amended to read:
433.375. (1) The owner of the animal shall present by mail or
otherwise the inoculation certificate, together with the fee
fixed pursuant to ORS 433.380, if any, to the clerk of the county
in which the owner resides.
(2) The county shall upon receipt of the fee and presentation
of the certificate issue to the owner a serial-numbered tag,
legibly identifying its expiration date as such date is
determined in accordance with rules of the Department of
{ - Human Services - } { + Public Health + } relating to
intervals of inoculation. The tag shall be designed for and shall
be attached to a collar or harness which shall be worn by the dog
for which the tag and certificate is issued at all times when off
or outside the premises of the owner. Whenever an original tag
is lost, mutilated or destroyed, upon application and payment of
the fee prescribed under ORS 433.380, if any, a replacement tag,
to be dated, designed and worn as the original, shall be issued.
(3) No official of any county shall issue a license for a dog
until the official has been shown a proper certification, or its
equivalent, of a rabies inoculation.
(4) If the county files the certificate upon which a tag is
issued, it shall be cross-referenced to the tag number. If the
certificate is not filed, the county shall keep an appropriate
record of the expiration date and number, if any, of the
certificate cross-referenced to the tag number. Notwithstanding
ORS 205.320 (1), a fee is not required for filing the
certificate.
(5) Unexpired tags shall be honored in all counties when the
animal is in transit or where the owner has established a new
residence.
(6) The provisions of this section apply to a city, rather than
a county, in a city which has a dog licensing program.
SECTION 165. ORS 433.407 is amended to read:
433.407. As used in ORS 433.407 to 433.423 unless the context
requires otherwise:
(1) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(2) 'Health care facility' means a facility as defined in ORS
442.015 and a mental health facility, alcohol treatment facility
or drug treatment facility licensed or operated under ORS chapter
426 and 430.397 to 430.401 or ORS chapter 430.
(3) 'Worker' means a person who is licensed or certified to
provide health care under ORS chapter 677, 678, 679, 680, 684 or
685 or ORS 682.157, an employee of a health care facility, of a
licensed health care provider or of a clinical laboratory as
defined in ORS 438.010 (1), a firefighter, a law enforcement
officer as defined in ORS 414.805, a corrections officer or a
probation officer.
SECTION 166. ORS 433.419 is amended to read:
433.419. When a local health department or the Department of
{ - Human Services - } { + Public Health + } learns of a case
or suspected case of an infectious disease which may have exposed
a worker to risk of infection, the local health department or the
Department of
{ - Human Services - } { + Public Health + } shall make every
reasonable effort to notify the worker and employer of the
exposure as soon as medically appropriate given the urgency of
the disease or suspected disease. Notification shall include
recommendations to the worker and employer that are medically
appropriate.
SECTION 167. ORS 433.423 is amended to read:
433.423. (1) The Department of { - Human Services - }
{ + Public Health + } shall adopt rules implementing ORS 433.407
to 433.423. Such rules shall include, but need not be limited to:
(a) The development of curriculum dealing with the exposure of
workers to infectious diseases;
(b) Development and conduct of training programs for local
health department personnel to prepare them to train workers
about the subject of infectious diseases;
(c) Information on the manner in which infectious diseases are
transmitted; and
(d) Guidelines that can assist workers and their employers in
distinguishing between conditions in which such workers are or
are not at risk with respect to infectious diseases.
(2) The rules adopted by the department { - of Human
Services - } shall require that implementation of ORS 433.407 to
433.423 be accomplished in such a manner as to protect the
confidentiality of persons with infectious diseases and workers
exposed to such persons.
SECTION 168. ORS 433.511 is amended to read:
433.511. Subject to available funds, the Department of
{ - Human Services - } { + Public Health + } may establish a
broad public information program to educate the public on indoor
air pollutants, their identities, causes and effects, and on
effective practical methods for preventing, detecting and
correcting the causes of indoor air pollution.
SECTION 169. ORS 433.517 is amended to read:
433.517. Subject to available funds, the Department of
{ - Human Services - } { + Public Health + } may conduct field
investigations and epidemiological studies to quantify the extent
of indoor air pollution levels and public exposure in Oregon.
Field investigations shall be conducted in a manner that does not
compete with the business of private contractors. Epidemiological
studies may be conducted to look for the causes of illness and
collect and analyze data to identify trends and health impacts,
especially where national information on significant potential
problems is lacking.
SECTION 170. ORS 433.521 is amended to read:
433.521. (1) Based upon the recommendations of the Indoor Air
Pollution Task Force, the Department of { - Human Services - }
{ + Public Health + } may establish indoor air quality standards
for significant indoor air pollutants. If established, the
standards:
(a) Shall include an adequate margin of safety;
(b) Shall be adequate to protect the population, including
sensitive groups; and
(c) May be revised as appropriate.
(2) If established, indoor air quality standards shall be at
least for the following significant indoor air pollutants:
(a) Particulate matter;
(b) Aldehydes;
(c) Radon;
(d) Carbon monoxide;
(e) Carbon dioxide;
(f) Ozone; and
(g) Water vapor.
(3) In developing the indoor air quality standards, the
Department of { - Human Services - } { + Public Health + }
shall consult with the Department of Environmental Quality, the
Department of Consumer and Business Services and the Indoor Air
Pollution Task Force. { + The Department of Public Health shall
seek voluntary compliance with the standards. + }
{ - (4) The standards established by the department of Human
Services shall not take effect before July 1, 1991. The
department of Human Services shall seek voluntary compliance with
the standards. - }
SECTION 171. ORS 433.526 is amended to read:
433.526. (1) The Department of { - Human Services - }
{ + Public Health + } may establish by rule a public recognition
program for office workplaces, buildings and public areas that
consistently meet the indoor air quality requirements of ORS
433.502 to 433.526, 455.445 and 468A.775 to 468A.785. Any
workplace, building or public area that qualifies for such
recognition may display a notice indicating that the building
exceeds the requirements of Oregon's indoor clean air statutes.
(2) To qualify for recognition under this section, an office
workplace, building or public area shall:
(a) Comply with all applicable provisions of ORS 433.835 to
433.875;
(b) Demonstrate a consistent pattern of compliance in meeting
all indoor air quality standards and other requirements of ORS
433.502 to 433.526, 455.445 and 468A.775 to 468A.785; and
(c) Demonstrate to the satisfaction of the department { - of
Human Services - } that all technically and economically
practicable steps have been taken to minimize significant sources
of indoor air pollution.
(3) The department { - of Human Services - } by rule may
establish a fee to be submitted by the owner or responsible party
of a building, workplace or public area who requests
certification under this section. The fee shall be an amount
sufficient to pay the department's costs in carrying out the
provisions of this section.
SECTION 172. ORS 433.715 is amended to read:
433.715. No person having delivered merchandise, such as
clothing, wearing apparel of every description, hair goods,
brushes, rubber goods, books, mattresses, blankets, sheets,
pillows or other kinds of bedding, to any person or institution
at or thereafter taken to any place where any communicable
disease exists or may exist, after the delivery of such
merchandise, shall intermingle the same with the goods for sale
or offer the same for sale or sell the same, or receive any
merchandise from any place or premises where any communicable
disease exists or has existed, and intermingle such goods with
other goods for sale or offer the same for sale or sell the same,
until such goods have been thoroughly disinfected in accordance
with the rules and regulations of the Department of { - Human
Services - } { + Public Health + }.
SECTION 173. ORS 433.750 is amended to read:
433.750. (1) The governing body of a county in which an outdoor
mass gathering is to take place shall issue a permit upon
application when the organizer demonstrates compliance with or
the ability to comply with the health and safety rules governing
outdoor mass gatherings to be regulated according to the
anticipated crowd and adopted by the Department of { - Human
Services - } { + Public Health + }. The application shall
include all of the following:
(a) Name and address of the applicant.
(b) Legal description of the place of the proposed gathering.
(c) Date of the proposed gathering.
(d) Estimated attendance at the proposed gathering.
(e) Nature of the proposed gathering.
(f) Such other appropriate information as the county governing
body may require in order to { - insure - } { + ensure + }
compliance with rules of the department { - of Human
Services - } .
(2) Notice of the application shall be sent by the county
governing body to the county sheriff or county chief law
enforcement officer, the county health officer and the chief of
the fire district in which the gathering is to be held.
(3) Each officer receiving notice of the application under
subsection (2) of this section who wishes to comment on the
application shall submit such comment in writing to the county
governing body not later than the hearing date. The comment may
include recommendations related to the official functions of the
officer as to granting the permit and any recommended conditions
that should be imposed.
(4) The county governing body shall hold a public hearing on
the issue of compliance with this section. Notice of the time and
place of such hearing including a general explanation of the
matter to be considered shall be published at least 10 calendar
days before the hearing in a newspaper of general circulation in
the county or, if there is none, it shall be posted in at least
three public places in the county.
(5) Any decision of a county governing body on an application
for a permit to hold an outdoor mass gathering may be appealed to
a circuit court for the county as provided in ORS 34.020 to
34.100.
(6) A county governing body may charge permit applicants a fee
reasonably calculated to reimburse the county for its reasonable
and necessary costs in receiving, processing and reviewing
applications for permits to hold outdoor mass gatherings.
However, a fee authorized by this subsection shall not exceed
$5,000 and shall not be charged when the governing body finds, by
a preponderance of the evidence presented to the governing body,
that the applicant is unable to reimburse the governing body.
SECTION 174. ORS 433.760 is amended to read:
433.760. Notwithstanding any other provisions of law, the
Department of { - Human Services - } { + Public Health + }
shall, in accordance with the provisions of ORS 183.310 to
183.550, make rules regulated according to anticipated crowds
with respect to health and safety at outdoor mass gatherings
which provide for:
(1) Adequate water supply, drainage and sewerage facilities;
(2) Adequate toilet facilities;
(3) Adequate refuse storage and disposal facilities;
(4) Adequate food and sanitary food service, if supplied;
(5) Adequate emergency medical facilities and communication
systems;
(6) Adequate fire protection; and
(7) Adequate security personnel and traffic control.
SECTION 175. ORS 433.810 is amended to read:
433.810. The Department of { - Human Services - }
{ + Public Health + } shall:
(1) Adopt rules necessary for the administration of ORS 433.800
to 433.830 including defining circumstances under which 433.800
to 433.815 and 433.825 shall apply. The department shall include
input from the educational system, health care provider
organizations and other interested parties when adopting rules or
amending those rules.
(2) Develop or approve protocols for educational training as
described in ORS 433.815, including the use of mechanisms for
periodic retraining of individuals, and provide the protocols for
educational training upon request to schools, health care
professionals, parents or guardians of students or other
interested parties.
SECTION 176. ORS 433.850 is amended to read:
433.850. (1) Except as provided in subsection (2) of this
section, an employer shall provide a place of employment that is
free of tobacco smoke for all employees.
(2) The following areas are not subject to the smoking
restrictions in subsection (1) of this section:
(a) Retail businesses primarily engaged in the sale of tobacco
or tobacco products.
(b) Restaurants posted as off-limits to minors or areas of
restaurants posted as off-limits to minors under rules adopted by
the Oregon Liquor Control Commission.
(c) Bars or taverns posted as off-limits to minors under rules
adopted by the Oregon Liquor Control Commission.
(d) Rooms or halls being used by a charitable, fraternal or
religious organization to conduct bingo games under a license
issued pursuant to ORS 464.270.
(e) Bowling centers.
(f) Rooms designated by the owner or person in charge of a
hotel or motel as rooms in which smoking is permitted.
(g) Employee lounges designated by an employer for smoking if:
(A) The lounge is not accessible to minors;
(B) The air in the lounge is exhausted directly to the outside
by an exhaust fan and not recirculated to other parts of the
building;
(C) The lounge is in compliance with ventilation standards
established by rule by the Department of { - Human Services - }
{ + Public Health + };
(D) The lounge is located in a nonwork area where no employee
is required to enter as part of the employee's work
responsibilities. For purposes of this paragraph, 'work
responsibilities' does not include custodial or maintenance work
carried out in a lounge when it is unoccupied; and
(E) There are sufficient nonsmoking lounges to accommodate
nonsmokers.
(3) An employer, except in those places described in subsection
(2) of this section, shall post appropriate signs.
SECTION 177. ORS 433.855 is amended to read:
433.855. (1) The Department of { - Human Services - }
{ + Public Health + }, in accordance with the provisions of ORS
183.310 to 183.550:
(a) Shall adopt rules necessary to implement the provisions of
ORS 433.835 to 433.875 and 433.990 (4);
(b) Shall be responsible for compliance with such rules; and
(c) May impose a civil penalty not to exceed the amount
specified in ORS 433.990 (4) for each violation of a rule of the
department applicable to ORS 433.850 { - , to be collected in
the manner provided in ORS 441.705 to 441.745 - } . All penalties
recovered shall be paid into the State Treasury and credited to
the General Fund.
(2) In carrying out its duties under this section, the
department { - of Human Services - } is not authorized to
require any changes in ventilation or barriers in any public
place. However, nothing in this subsection is intended to limit
the authority of the department to impose any requirements under
any other provision of law.
(3) In public places which the department { - of Human
Services - } regularly inspects, the department { - of Human
Services - } shall check for compliance with the provisions of
ORS 433.835 to 433.875 and 433.990 (4). In other public places,
the department { - of Human Services - } shall respond in
writing or orally by telephone to complaints, notifying the
proprietor or person in charge of responsibilities of the
proprietor or person in charge under ORS 433.835 to 433.875 and
433.990 (4). If repeated complaints are received, the department
{ - of Human Services - } may take appropriate action to
{ - insure - } { + ensure + } compliance.
(4) When a county has received delegation of the duties and
responsibilities under ORS 446.425, 448.100 and 624.510, or
contracted with the department { - of Human Services - } under
ORS 190.110, the county shall be responsible for enforcing the
provisions of ORS 433.835 to 433.875 and 433.990 (4) that are
applicable to those licensed facilities and shall have the same
authority as the department { - of Human Services - } for such
enforcement.
SECTION 178. ORS 433.860 is amended to read:
433.860. The Department of { - Human Services - }
{ + Public Health + } or local board of health may institute an
action in the circuit court of the county where the violation
occurred to enjoin repeated violations of ORS 433.850.
SECTION 179. ORS 433.865 is amended to read:
433.865. Upon request, the Department of { - Human
Services - } { + Public Health + } may waive the provisions of
ORS 433.835 to 433.875 and 433.990 (4) for any public place if it
determines that:
(1) There are valid reasons to do so; and
(2) A waiver will not significantly affect the health and
comfort of nonsmokers.
SECTION 180. ORS 435.090 is amended to read:
435.090. (1) Goods of the class specified in ORS 435.010 shall
be sold at wholesale or at retail in this state only if they:
(a) Specifically identify the manufacturer, date of manufacture
or an expiration date and the distributor thereof by firm name
and address on the container in which the goods are sold or are
intended to be distributed. All such goods manufactured after
December 31, 1994, shall bear an expiration date.
(b) Comply with the standards as to such goods, respecting
grade and quality, prescribed by the Department of { - Human
Services - } { + Public Health + } under ORS 435.100.
(2) Relative to drugs or medicinal preparations intended or
having special utility for the prevention of conception, each
individual container manufactured for sale in Oregon must bear
the date of manufacture or an expiration date. All such drugs or
medicinal preparations manufactured after December 31, 1994,
shall bear an expiration date.
SECTION 181. ORS 435.100 is amended to read:
435.100. (1) The Department of { - Human Services - }
{ + Public Health + } shall adopt and promulgate from time to
time and have jurisdiction over the establishing of such
standards relating to and governing the { - articles - } { +
appliances, drugs + } and medicinal preparations
{ - mentioned - } { + described + } in ORS 435.010 as may be
deemed necessary by the department in the interest of disease
prevention.
(2) The State Board of Pharmacy may adopt other rules to
enforce and carry out the provisions of ORS 435.010 to 435.130 in
cooperation with the department.
(3) The department shall cause to have published the brand
names of all goods of the class specified in ORS 435.010 that
comply with the standards prescribed under subsection (1) of this
section.
SECTION 182. ORS 435.105 is amended to read:
435.105. In lieu of its own inspection program, the State Board
of Pharmacy may enter into an agreement with the Department of
{ - Human Services - } { + Public Health + } or a county or
district board of health. The agreement shall authorize the
department or the board to make inspections of the condom stock
to determine that the stock consists only of brands that comply
with standards promulgated under ORS 435.100 (1). The agreement
shall include authority to enforce applicable rules of the State
Board of Pharmacy and the department and such rules of the board
shall be considered rules of the department or the county or
district board of health.
SECTION 183. ORS 435.205 is amended to read:
435.205. (1) The Department of { - Human Services - } { +
Public Health + } and every county health department shall offer
family planning and birth control services within the limits of
available funds. Both agencies jointly may offer such services.
The Director of { - Human Services - } { + Public Health + }
or a designee shall initiate and conduct discussions of family
planning with each person who might have an interest in and
benefit from such service. The Department of
{ - Human Services - } { + Public Health + } shall furnish
consultation and assistance to county health departments.
(2) Family planning and birth control services may include
interviews with trained personnel; distribution of literature;
referral to a licensed physician for consultation, examination,
medical treatment and prescription; and, to the extent so
prescribed, the distribution of rhythm charts, the initial supply
of a drug or other medical preparation, contraceptive devices and
similar products.
(3) Any literature, charts or other family planning and birth
control information offered under this section in counties in
which a significant segment of the population does not speak
English shall be made available in the appropriate foreign
language for that segment of the population.
(4) In carrying out its duties under this section, and with the
consent of the county governing body, any county health
department may adopt a fee schedule for services provided by the
county health department. The fees shall be reasonably calculated
not to exceed costs of services provided and may be adjusted on a
sliding scale reflecting ability to pay.
(5) The county health department shall collect fees according
to the schedule adopted under subsection (4) of this section.
Such fees may be used to meet the expenses of providing the
services authorized by this section.
SECTION 184. ORS 435.225 is amended to read:
435.225. Any employee of the Department of { - Human
Services - } { + Public Health + } may refuse to accept the
duty of offering family planning and birth control services to
the extent that such duty is contrary to the personal or
religious beliefs of the employee. However, such employee shall
notify the immediate supervisor in writing of such refusal in
order that arrangements may be made for eligible persons to
obtain such information and services from another employee. Such
refusal shall not be grounds for any disciplinary action, for
dismissal, for any interdepartmental transfer, for any other
discrimination in employment, or for suspension from employment,
or for any loss in pay or other benefits.
SECTION 185. ORS 437.010 is amended to read:
437.010. Any representative of a religious denomination,
householder, nurse, parent, guardian or other person attending
to, or in any way having knowledge of the existence of a case of
pulmonary tuberculosis, including the affected person, must
immediately report the fact to the Department of { - Human
Services - } { + Public Health + }. The names and addresses of
all persons reported as having pulmonary tuberculosis shall be
recorded { - in the office of - } { + by + } the department.
SECTION 186. ORS 437.030 is amended to read:
437.030. The Department of { - Human Services - }
{ + Public Health + } shall, upon receiving a report that any
person has tuberculosis, make such investigation of the case as
is necessary to determine whether or not the person reported has
communicable tuberculosis. Upon finding that any person is
suffering from communicable tuberculosis, the department shall
exercise such control over the affected person and contacts with
other persons as may be necessary for the protection of the
public health, pursuant to its rules and regulations. In
exercising such control over any afflicted person the department
may make such rules or orders governing such person's conduct as
are necessary to prevent the spread of the disease.
SECTION 187. ORS 438.010 is amended to read:
438.010. As used in ORS 438.010 to 438.510, unless the context
requires otherwise:
(1) 'Clinical laboratory' or 'laboratory' means a facility
where the microbiological, serological, chemical, hematological,
immunohematological, immunological, toxicological, cytogenetical,
exfoliative cytological, histological, pathological or other
examinations are performed on materials derived from the human
body, for the purpose of diagnosis, prevention of disease or
treatment of patients by physicians, dentists and other persons
who are authorized by license to diagnose or treat humans.
(2) 'Clinical laboratory specialty' or 'laboratory specialty'
means the examination of materials derived from the human body
for the purpose of diagnosis and treatment of patients or
assessment of health, employing one of the following sciences:
Serology, microbiology, chemistry, hematology, immunohematology,
immunology, toxicology, cytogenetics, exfoliative cytology,
histology or pathology.
(3) 'Clinician' means a nurse practitioner licensed and
certified by the Oregon State Board of Nursing, or a physician
assistant licensed by the Board of Medical Examiners for the
State of Oregon.
(4) 'Custody chain' means the handling of specimens in a way
that supports legal testimony to prove that the sample integrity
and identification of the sample have not been violated, as well
as the documentation describing those procedures from specimen
collection to the final report.
(5) 'Dentist' means a person licensed to practice dentistry by
the Oregon Board of Dentistry.
(6) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(7) 'Director of clinical laboratory' or 'director' means the
person who plans, organizes, directs and participates in any or
all of the technical operations of a clinical laboratory,
including but not limited to reviewing laboratory procedures and
their results, training and supervising laboratory personnel, and
evaluating the technical competency of such personnel.
(8) 'Health screen testing' means tests performed for the
purpose of identifying health risks, providing health information
and referring the person being tested to medical care.
(9) 'High complexity laboratory' means a facility that performs
testing classified as highly complex in the specialties of
microbiology, chemistry, hematology, diagnostic immunology,
immunohematology, clinical cytogenetics, cytology,
histopathology, oral pathology, pathology, radiobioassay and
histocompatibility and that may also perform moderate complexity
tests and waived tests.
(10) 'High complexity test' means a procedure performed on
materials derived from the human body that meet the criteria for
this category of testing in the specialties of microbiology,
chemistry, hematology, immunohematology, diagnostic immunology,
clinical cytogenetics, cytology, histopathology, oral pathology,
pathology, radiobioassay and histocompatibility as established by
the department.
(11) 'Laboratory evaluation system' means a system of testing
clinical laboratory methods, procedures and proficiency by
periodic performance and reporting on test specimens submitted
for examination.
(12) 'Moderate complexity laboratory' means a facility that
performs testing classified as moderately complex in the
specialties of microbiology, hematology, chemistry,
immunohematology or diagnostic immunology and may also perform
any waived test.
(13) 'Moderate complexity test' means a procedure performed on
materials derived from the human body that meet the criteria for
this category of testing in the specialties of microbiology,
hematology, chemistry, immunohematology or diagnostic immunology
as established by the department.
(14) 'Operator of a substances of abuse on-site screening
facility' or 'operator' means the person who plans, organizes,
directs and participates in any or all of the technical and
administrative operations of a substances of abuse on-site
screening facility.
(15) 'Owner of a clinical laboratory' means the person who owns
the clinical laboratory, or a county or municipality operating a
clinical laboratory or the owner of any institution operating a
clinical laboratory.
(16) 'Physician' means a person licensed to practice medicine
by the Board of Medical Examiners for the State of Oregon.
(17) 'Physician performed microscopy procedure' means a test
personally performed by a physician or other clinician during a
patient's visit on a specimen obtained during the examination of
the patient.
(18) 'Physician performed microscopy procedures' means a
limited group of tests that are performed only by a physician or
clinician.
(19) 'Specimen' means materials derived from a human being or
body.
(20) 'Substances of abuse' means ethanol and controlled
substances, except those used as allowed by law and as defined in
ORS chapter 475 or as used in ORS 689.005.
(21) 'Substances of abuse on-site screening facility' or '
on-site facility' means a location where on-site tests are
performed on specimens for the purpose of screening for the
detection of substances of abuse.
(22) 'Substances of abuse on-site screening test' or ' on-site
test' means a substances of abuse test that is easily portable
and can meet the requirements of the federal Food and Drug
Administration for commercial distribution or an alcohol
screening test that meets the requirements of the conforming
products list found in the United States Department of
Transportation National Highway Traffic Safety Administration
Docket No. 94-004 and meets the standards of the United States
Department of Transportation Alcohol Testing Procedure, 49 C.F.R.
part 40, in effect on October 23, 1999.
(23) 'Waived test' means a procedure performed on materials
derived from the human body that meet the criteria for this
category of testing as established by the department.
SECTION 188. ORS 438.060 is amended to read:
438.060. Notwithstanding ORS 438.050, any person performing
health screen testing must obtain a permit under ORS 438.150 (5).
However, an employer providing health screen testing to employees
of the employer is exempt from the applications of ORS 438.010,
438.130, 438.150 and this section if such employer contracts for
the testing through a licensed physician, a clinical laboratory
or a hospital, which is a permittee of the Department of
{ - Human Services - } { + Public Health + } as provided in
this section.
SECTION 189. ORS 438.070 is amended to read:
438.070. The Department of { - Human Services - }
{ + Public Health + } shall establish by rule the qualifications
and responsibilities of technical and clinical consultants,
general and technical supervisors and testing personnel. A person
is qualified to act as a technical or clinical consultant, a
general or technical supervisor, or a testing person in a
clinical laboratory if the person meets the requirements
established by the department. Rules adopted under this section
{ - shall - } { + may + } not be more stringent than
comparable rules adopted under the Clinical Laboratory
Improvement Amendments of 1988 (P.L. 100-578; 42 U.S.C. 201 and
263a).
SECTION 190. ORS 438.110 is amended to read:
438.110. (1) The Department of { - Human Services - }
{ + Public Health + } shall establish four levels of laboratory
licenses as follows:
(a) A high complexity laboratory license;
(b) A moderate complexity laboratory license;
(c) A physician performed microscopy laboratory license; and
(d) A waived laboratory license.
(2) The department shall issue and renew licenses required
under ORS 438.040 for any or all clinical laboratory specialties
to the owners of clinical laboratories who demonstrate to the
satisfaction of the department that:
(a) The clinical laboratory is in compliance with ORS 438.010
to 438.510 and the rules of the department adopted under ORS
438.450;
(b) The laboratory is adequately equipped to perform
proficiently within the scope of its license;
(c) The clinical laboratory has facilities for retaining and
does retain complete laboratory records for an appropriate length
of time as the department by rule may require; and
(d) The clinical laboratory meets the standards of the
department for safety, sanitary conditions, plumbing,
ventilation, handling of specimens, maintenance of equipment and
requirements of general hygiene to { - insure - }
{ + ensure + } protection of the public health.
SECTION 191. ORS 438.120 is amended to read:
438.120. (1) In determining the specialties that are authorized
to be performed in a clinical laboratory, the Department of
{ - Human Services - } { + Public Health + } shall consider
laboratory personnel, with particular emphasis on the
qualifications of the director, laboratory equipment and any
other relevant factors affecting the ability of the laboratory to
perform different laboratory specialties.
(2) No laboratory shall be licensed to perform examinations in
the fields of surgical pathology, autopsy pathology, exfoliative
cytology, or immunohematology, except as the department { - of
Human Services - } may establish exemptions from the
requirements of this subsection in the field of immunohematology,
unless its director is a physician or dentist specifically
qualified in these fields.
(3) The list of waived tests, physician performed microscopy
procedures and moderate and high complexity tests shall be
established by the department.
SECTION 192. ORS 438.130 is amended to read:
438.130. (1) The application for a license for a clinical
laboratory shall be made on forms provided by the Department of
{ - Human Services - } { + Public Health + } and shall be
executed by the owner or one of the owners or by an officer of
the firm or corporation owning the clinical laboratory, or in the
case of a county or municipality, by the public official
responsible for operation of the laboratory, or in the case of an
institution, by the administrator of the institution. The
application shall contain the names of the owner, the director or
directors of the clinical laboratory, the location and physical
description of the clinical laboratory, the laboratory
specialties for which a license is requested and such other
information as the department may require.
(2)(a) The application shall be accompanied by an annual or
biennial license fee to be established by the department. The fee
shall be based on test volume, test complexity, the number of
specialties performed and private laboratory accreditation. For
each level of laboratory testing, the fee shall be not more than
100 percent of the corresponding fee charged by the federal
laboratory certification program known as the Clinical Laboratory
Improvement Amendments of 1988 (P.L. 100-578, 42 U.S.C. 201 and
263a) in effect on July 1, 1999. The fee for substance of abuse
screening laboratories not certified under the Clinical
Laboratory Improvement Amendments of 1988 shall be comparable to
the clinical laboratory fee established under this section.
(b) The department may establish prorated fees for licenses
issued for a year or less and when there is a change in the
laboratory's owner, director or address. A prorated license fee
shall be issued to a laboratory accredited by an organization
recognized by the department.
(3) Unless sooner voided, suspended or revoked, all licenses
issued under this section expire on June 30 of the one- or
two-year cycle following the date of issuance and shall be
renewable in the manner prescribed by the department.
(4) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fees and charges, the fees and charges
established under this section shall not exceed the cost of
administering the regulatory program of the Department of
{ - Human Services - } { + Public Health + } pertaining to the
purpose for which the fee or charge is established, as authorized
by the Legislative Assembly within the department's budget, as
the budget may be modified by the Emergency Board.
SECTION 193. ORS 438.140 is amended to read:
438.140. (1) A license issued to the owner of a clinical
laboratory shall show on its face the names of the owners and
directors, the location of the laboratory and the clinical
laboratory specialties authorized under the license. The license
shall be displayed at all times in a prominent place in the
laboratory.
(2) A license issued to the owner of a clinical laboratory is
not transferable. The license of the laboratory is voided 30 days
after a change in its director if it has only one director or if
all directors change or a change in the ownership or in the
location of the laboratory. In case of death of a director,
immediate notification to the Director of { - Human
Services - } { + Public Health + } or a designee who shall be
empowered to issue a special temporary permit of 30 days'
duration issued to a designated substitute director is required.
If a license is voided or a special temporary permit is issued
under this section, a new license application, accompanied by the
nonrefundable license fee prescribed in ORS 438.130, shall be
filed with the Department of
{ - Human Services - } { + Public Health + }.
SECTION 194. ORS 438.150 is amended to read:
438.150. (1) In addition to the license of a clinical
laboratory required by ORS 438.040, the Department of { - Human
Services - } { + Public Health + } may issue a temporary permit
valid for a period, to be determined by the department, from the
date of issuance in any or all clinical laboratory specialties
upon payment of the respective required fees as described in ORS
438.130 (2).
(2) In issuing the temporary permit, the department may require
that:
(a) Plans for compliance with applicable laws and rules be
submitted with the application for the temporary permit; and
(b) During the period in which the temporary permit is in
effect periodic reports be submitted on the progress of the plans
for compliance; and
(c) Special temporary provisions specified by the department
upon application of the temporary permit be maintained for the
protection of the public.
(3) If at any time the department determines that the clinical
laboratory can no longer operate in a manner which protects the
public health and safety or that the requirements imposed under
subsection (2) of this section are not being maintained, the
department shall cancel the temporary permit.
(4) One renewal of the temporary permit may be granted if
deemed to be in the best interest of public health by the
department. The fee for renewal is the respective required fee as
described in ORS 438.130 (2).
(5) The department may issue permits for health screen testing.
(6) The department by rule shall specify:
(a) Appropriate quality assurance procedures;
(b) Personnel qualifications;
(c) Standards for counseling and referral of persons being
tested;
(d) Tests a health testing service may conduct;
(e) The procedure for applying for a permit; and
(f) The procedure for reporting to the department the location
of all health screening facilities.
(7) The department by rule may specify the maximum length of
time a health screen testing service may remain in one location.
SECTION 195. ORS 438.160 is amended to read:
438.160. Subject to ORS 183.310 to 183.550, the Department of
{ - Human Services - } { + Public Health + } may refuse to
issue or renew the license, or may suspend or revoke the license
or health screen testing permit, of a clinical laboratory if it
finds that the owner or director has:
(1) Intentionally made false statements on an application for a
clinical laboratory license or any other documents required by
the department, or made any misrepresentation in seeking to
obtain or retain a license.
(2) Demonstrated incompetence as defined pursuant to
regulations promulgated after public hearing.
(3) Intentionally falsified any report.
(4) Referred a specimen for examination to a nonlicensed or an
unlicensed clinical laboratory in this state unless the
laboratory is exempt from the application of ORS 438.010 to
438.510.
(5) Misrepresented the scope of laboratory service offered by
the clinical laboratory or the clinical laboratory specialties
authorized by the license.
(6) Rendered a report on clinical laboratory work actually
performed in another clinical laboratory without designating the
name and address of the clinical laboratory in which the test was
performed.
(7) Knowingly had professional connection with or permitted the
use of the name of the licensed clinical laboratory or its
director by a clinical laboratory that is required to but has not
obtained a license.
(8) Failed to perform or cause to be performed within the time
specified analysis of test samples as authorized by ORS 438.320,
or failed to report on the results of such analysis within the
specified time.
(9) Failed to permit within a reasonable time the entry or
inspection authorized by ORS 438.310.
(10) Failed to continue to meet requirements of ORS 438.110 and
438.120.
(11) Violated any provision of ORS 438.010 to 438.510.
SECTION 196. ORS 438.210 is amended to read:
438.210. A person is qualified to act as a laboratory director
of a clinical laboratory if:
(1) The person is a pathologist certified in clinical or
anatomical pathology by a national organization or organizations
recognized by the Department of { - Human Services - }
{ + Public Health + }, or is a physician who possesses
qualifications equivalent to those required for such
certification;
(2) The person is a physician who possesses special
qualifications that enable the person to perform as a laboratory
director, or is directing a laboratory on January 1, 1970;
(3) The person has an earned degree of Doctor of Science or
Doctor of Philosophy, or an acceptable degree as determined by
the department, from an accredited college or university, with a
major in the chemical, physical, or biological sciences and
possesses special qualifications as described in the
administrative rules of the department that enable the person to
perform as a laboratory director;
(4) The person is the member of a group of five or more
physicians who operate on November 4, 1993, a laboratory
performing work only on their patients and who is designated by
the group to be the director; or
(5) The person was responsible for the direction of a clinical
laboratory for at least 12 months within the five years preceding
January 1, 1970, and has had at least two years of pertinent
clinical laboratory experience, as determined by the department.
SECTION 197. ORS 438.310 is amended to read:
438.310. (1) The Department of { - Human Services - }
{ + Public Health + } or its authorized representative may:
(a) At reasonable times enter the premises of a clinical
laboratory licensed or subject to being licensed under ORS
438.010 to 438.510 to inspect the facilities, methods,
procedures, materials, staff, equipment, laboratory results and
records of the clinical laboratory.
(b) Require the owner or director to submit reports on the
operations and procedures of the laboratory.
(c) Require the owner or director to submit initial laboratory
findings indicative of communicable disease as defined by law or
by rule. Each report shall include the name of the person from
whom the specimen was obtained, if the name was reported to the
laboratory, and the name and address of the physician for whom
such examination or test was made. Such reports shall not be
construed as constituting a diagnosis nor shall any laboratory
making such report be held liable under the laws of this state
for having violated a trust or confidential relationship.
(2) The Director of { - Human Services - } { + Public
Health + } or a designee, the department, or any employee
thereof, shall not disclose information contained in reports on
communicable diseases submitted to the department under
subsection (1) of this section except as such information is made
available to employees of the department and to local health
officers for purposes of administering the public health laws of
this state. However, information contained in such reports may be
used in compiling statistical and other data in which persons are
not identified by name or otherwise.
(3) The department shall by rule set standards for the
recognition of private laboratory accrediting organizations whose
standards meet or exceed federal standards. A laboratory that is
accredited by a private laboratory accrediting organization
recognized by the department under this section may submit proof
of such accreditation to the department. Upon receipt of such
proof, the department shall issue a license pursuant to ORS
438.130.
SECTION 198. ORS 438.320 is amended to read:
438.320. (1) The Department of { - Human Services - }
{ + Public Health + } shall institute a laboratory evaluation
system, as defined in ORS 438.010, and shall make such rules as
are necessary to { - insure - } { + ensure + } quality control
of laboratory work.
(2) As part of this system, the department may require each
laboratory to:
(a) Participate in on-site inspection and testing;
(b) Analyze test samples submitted by the department prior to,
during or subsequent to the inspection; and
(c) Contract with, at the laboratory's own expense, a
department-approved source of test samples for such test samples
to be submitted periodically to the laboratory and to be returned
to that source for grading after testing. The test results shall
be made available to the department.
(3) The procedures under subsection (2) of this section shall
be referred to as external quality control. The samples are to be
tested by regularly assigned personnel using routine methods. The
test samples shall be confined to the specialty of the laboratory
as indicated on the license. A specified time shall be allowed
for such testing and reporting of the results and shall be the
time required under conditions of normal operation.
(4) In addition to external quality control, each clinical
laboratory shall establish an internal laboratory quality control
system pursuant to rules of the department including but not
necessarily limited to the testing of reference or control sera
and other biological samples, verifying concurrent calibration
standards and control charts recordings, and reporting on its
control system as required by the department.
SECTION 199. ORS 438.420 is amended to read:
438.420. When the control or release of a case contact or
carrier of a communicable disease is dependent on laboratory
findings, the health officer may require such findings to be
obtained by a clinical laboratory licensed by the Department of
{ - Human Services - } { + Public Health + }.
SECTION 200. ORS 438.435 is amended to read:
438.435. (1) In addition to duties which a clinical laboratory
may perform under ORS 438.010 to 438.510, a laboratory is
authorized to perform appropriate tests, examinations or analyses
on materials derived from the human body for the purpose of
detecting substances of abuse in the body. All laboratories
performing the tests, examinations or analyses must be licensed
under the provisions of ORS 438.010 to 438.510 and must employ
qualified technical personnel to perform the tests, examinations
and analyses.
(2) In order to perform such tests, examinations or analyses,
the laboratory may examine specimens submitted by persons other
than those described in ORS 438.430 (1) and shall report the
result of any test, examination or analysis to the person who
submitted the specimen. When the substance of abuse test is for
nonmedical employment or pre-employment purposes, and a written
request is provided, the test result shall be reported to the
person from whom the specimen was originally obtained.
(3) When the specimen of a person tested for substances of
abuse is submitted to the laboratory and the test result is
positive, the laboratory shall perform a confirming test which
has been designated by rule of the Department of { - Human
Services - } { + Public Health + } as the best available
technology for use to determine whether or not the substance of
abuse identified by the first test is present in the specimen
prior to reporting the test results.
(4) The department by rule shall set standards for special
category laboratories that engage only in the initial testing for
substances of abuse in the body, including registration
procedures for such laboratories and personnel.
(5) The operator of a substances of abuse on-site screening
facility may use substances of abuse on-site screening tests if
the test results are not for use in diagnosing or preventing
disease and are not for use by physicians, dentists or other
licensed health care professionals in treating humans. Any entity
using the test shall pay a yearly filing fee, not to exceed $50,
and file a registration form as provided by rule of the
department that:
(a) States the current name and address of the entity, the
telephone number of the entity, if any, and the name of a contact
individual at each on-site facility operated by the entity; and
(b) Certifies that:
(A) The tests are being administered according to the federal
Food and Drug Administration package insert that accompanies the
test;
(B) The tests are being administered according to the
instructions of the manufacturer;
(C) Custody chain procedures are being followed;
(D) Operators of the substances of abuse on-site screening
facility are trained in the use of the substances of abuse
on-site screening tests by the manufacturer; and
(E) If the substances of abuse on-site screening facility
obtains a positive test result on a specimen and the entity
indicates that the test result is to be used to deny or deprive
any person of employment or any benefit, or may otherwise result
in adverse employment action, the same specimen shall be
submitted to a clinical laboratory licensed under ORS 438.110 and
438.150 or an equivalent out-of-state facility and the presence
of a substance of abuse confirmed prior to release of the on-site
test result.
(6) The department by rule shall set reasonable standards for
the screening by correctional agencies of inmates within state
and local correctional facilities and offenders on parole,
probation or post-prison supervision for substances of abuse. The
standards shall include, but not be limited to, the establishment
of written procedures and protocols, the qualifications and
training of individuals who perform screening tests, the approval
of specific technologies and the minimum requirements for record
keeping, quality control and confirmation of positive screening
results.
(7) If an initial test by a special category laboratory under
subsection (4) of this section or a special category screening
under subsection (6) of this section shows a result indicating
the presence of a substance of abuse in the body, a confirmatory
test shall be conducted in a licensed clinical laboratory if the
results are to be used to deprive or deny any person of any
employment or benefit. If a screening test of an inmate of a
state or local correctional facility is positive for a substance
of abuse, the inmate may be held in a secure facility pending the
outcome of the confirmatory test. If the confirmatory test is
positive, the inmate may be held in a secure facility pending the
outcome of any hearing to determine what action will be taken.
(8) If any test for substances of abuse is performed outside
this state the results of which are to be used to deprive or deny
any person any employment or any benefit, the person desiring to
use the test shall have the burden to show that the testing
procedure used meets or exceeds the testing standards of this
state.
SECTION 201. ORS 438.440 is amended to read:
438.440. All moneys received by the Department of { - Human
Services - } { + Public Health + } under ORS 438.010 to 438.510
and 438.990 shall be credited to the Public Health Account and
shall be used for payment of the expenses of the department in
administering the provisions of ORS 438.010 to 438.510 and
438.990.
SECTION 202. ORS 438.450 is amended to read:
438.450. The Department of { - Human Services - }
{ + Public Health + } shall make such rules as are necessary for
carrying out ORS 438.010 to 438.510 in accordance with ORS
183.330.
SECTION 203. ORS 438.605 is amended to read:
438.605. As used in ORS 438.605 to 438.620, 448.280 and
448.285:
(1) 'Accrediting authority' means the official accrediting
authority for the Oregon environmental laboratory accreditation
program comprised of the Director of { - Human Services - }
{ + Public Health + } or designee, the Director of the
Department of Environmental Quality or designee and the Director
of Agriculture or designee.
(2) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(3) 'Environmental laboratory' means a fixed location or mobile
facility that performs chemical, physical, radiological,
microbiological or biological testing of environmental samples or
the collection of environmental samples.
(4) 'Environmental testing' means laboratory analysis of any
matter, pollutant, contaminant or hazardous substance subject to
regulation pursuant to:
(a) Rules adopted or enforced by the Department of { - Human
Services - } { + Public Health + }, the Department of
Environmental Quality or the State Department of Agriculture; or
(b) A federal environmental statute or regulation administered
or enforced by the United States Environmental Protection Agency.
SECTION 204. ORS 438.610 is amended to read:
438.610. (1) The Department of { - Human Services - }
{ + Public Health + }, in concurrence with the accrediting
authority, may adopt by rule standards for any laboratory seeking
accreditation and performing environmental testing for a fee or
for determining compliance with environmental statutes, rules or
regulations.
(2) In developing standards under subsection (1) of this
section, the department shall cooperate with and may seek advice
from the United States Environmental Protection Agency and any
other state or federal agency that may have adopted rules or
regulations for environmental monitoring.
(3) The standards adopted under this section may address
testing and sampling procedures or methods, record keeping,
disposal or retention of testing materials or samples, or any
other practice related to work performed by an environmental
laboratory.
SECTION 205. ORS 438.615 is amended to read:
438.615. The Department of { - Human Services - }
{ + Public Health + }, in concurrence with the accrediting
authority, shall establish by rule and implement an environmental
laboratory accreditation program. The standards for accreditation
may be equivalent to, but may not exceed, standards adopted by
national accreditation programs.
SECTION 206. ORS 438.620 is amended to read:
438.620. (1) In conjunction with the environmental laboratory
accreditation program established under ORS 438.615, the
Department of { - Human Services - } { + Public Health + }
may establish and collect a fee for laboratory accreditation
under the program. A fee imposed under this section shall not
exceed the cost of administering the program.
(2) Prior to imposing the fee under subsection (1) of this
section, the Department of { - Human Services - } { + Public
Health + } shall obtain the approval of the Oregon Department of
Administrative Services and report to the appropriate legislative
committee.
(3) All moneys collected by the Department of { - Human
Services - } { + Public Health + } under this section shall be
deposited in a dedicated account of the Department { + of Public
Health + }. Such moneys are continuously appropriated to the
Department of { - Human Services - } { + Public Health + } to
pay the costs of the Department of
{ - Human Services - } { + Public Health + }, the State
Department of Agriculture and the Department of Environmental
Quality in administering the environmental laboratory
accreditation program established under ORS 438.615.
SECTION 207. ORS 441.750 is amended to read:
441.750. (1) Any hospital which treats as a patient a person
under 18 years of age because the person has attempted to commit
suicide:
(a) Shall cause that person to be provided with information and
referral to in-patient or out-patient community resources, crisis
intervention or other appropriate intervention by the patient's
attending physician, hospital social work staff or other
appropriate staff.
(b) Shall report statistical information to the Department of
{ - Human Services - } { + Public Health + } about the person
described in this subsection but is not required to report the
name of the person.
(2) Any disclosure authorized by this section or any
unauthorized disclosure of information or communications made
privileged and confidential by this section shall not in any way
abridge or destroy the confidential or privileged character
thereof except for the purposes for which any authorized
disclosure is made. Any person making a disclosure authorized by
this section shall not be liable therefor, notwithstanding any
contrary provisions of law.
(3) No physician, hospital or hospital employee shall be held
criminally or civilly liable for action pursuant to this section,
provided the physician, hospital or hospital employee acts in
good faith on probable cause and without malice.
SECTION 208. ORS 441.755 is amended to read:
441.755. (1) The Department of { - Human Services - }
{ + Public Health + } shall prescribe a form to be used by
hospitals to make the report required by ORS 441.750 (1)(b) and
shall prescribe the frequency of such reports.
(2) The report form may include the name of the hospital
reporting, the date of birth, race and sex of person described in
subsection (1) of this section, the suicide method used by the
person and known prior attempts in the past 12 months.
(3) The Department { + of Public Health + } shall compile the
results from the reports and report the results to the public.
SECTION 209. ORS 447.124 is amended to read:
447.124. For the purpose of enforcing ORS 447.118 and the rules
adopted thereunder, the Department of Consumer and Business
Services, with the assistance of the Department of { - Human
Services - } { + Public Health + }:
(1) May conduct periodic inspections of any compost toilet;
(2) Upon making a finding that a compost toilet is in violation
of the rules adopted pursuant to ORS 447.118 (2), may issue an
order requiring the owner of the dwelling served by the compost
toilet to take action necessary to correct the violation;
{ - and - }
(3) Upon making a finding that a compost toilet presents or
threatens to present a public health hazard creating an emergency
requiring immediate action to protect the public health, safety
or welfare, may issue an order requiring the owner of the
dwelling served by the compost toilet to take any action
necessary to remove such hazard or threat thereof. If such owner
fails to take the actions required by such order, the Department
of Consumer and Business Services shall take such action, itself
or by contract with outside parties, as necessary to remove the
hazard or threat thereof. The department shall keep a record of
all necessary expenses incurred by the department in carrying out
such action, including a reasonable charge for costs incurred and
equipment and materials utilized by the state. Any owner who
fails to take action required by an order issued under this
subsection shall be responsible for such necessary expenses
incurred by the state. Based on the record compiled by the
department, an owner responsible for expenses due to the failure
of a manufacturer, distributor or person to comply with the rules
adopted under ORS 447.118 (2) shall have a setoff against the
bond or other security forfeited under ORS 447.118 (3) to the
extent that such expenses are due to such failure of the
manufacturer, distributor or person. The department shall make a
finding and enter an order against the owner for the necessary
expenses. Orders issued under this section may be appealed
pursuant to ORS { - 183.310 to 183.550 but not as a contested
case - } { + 183.484 + }. Any amount due the department under
this subsection and not paid in full within 30 days after the
order is entered, or, if the order is appealed, within 30 days
after there is no further right to appeal, shall become a lien
upon the dwelling of the owner. The department shall file a
notice of the lien with the recording officer of the county in
which the dwelling is located and the recording officer shall
record the notice in a manner designed to appear in the mortgage
records of the county { + ; and + } { - . - }
(4) { - The department - } May contract with any state or
local agency for the purpose of carrying out the provisions of
this section.
SECTION 210. ORS 448.005 is amended to read:
448.005. As used in ORS 448.005 to 448.090, unless the context
requires otherwise:
(1) 'Bathhouse' means a structure that contains dressing rooms,
showers and toilet facilities for use with an adjacent public
swimming pool.
(2) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(3) 'Director' means the Director of { - Human Services - }
{ + Public Health + }.
(4) 'Person' has the meaning given that term in ORS 174.100,
but also includes municipalities, recreation districts, counties
and state agencies or instrumentalities.
(5) 'Public spa pool' means a public swimming pool or wading
pool designed primarily to direct water or air-enriched water
under pressure onto the bather's body with the intent of
producing a relaxing or therapeutic effect.
(6) 'Public swimming pool' means an artificial structure, and
its appurtenances, that contains water more than two feet deep,
is expressly designated or used with the knowledge and consent of
the owner or operator for swimming or recreational bathing, and
is for the use of any segment of the public. 'Public swimming
pool' includes, but is not limited to, swimming pools owned or
operated by:
(a) Travelers' accommodations;
(b) Recreation parks;
(c) Colleges;
(d) Schools;
(e) Organizational camps as defined in ORS 446.310;
(f) Clubs;
(g) Associations;
(h) Business establishments for their patrons or employees;
(i) Private persons and that are open to the public;
(j) Recreation districts;
(k) Municipalities;
(L) Counties; or
(m) State agencies.
(7) 'Public wading pool' means an artificial structure, and its
appurtenances, that contains water less than two feet deep, is
expressly designated or used with the knowledge and consent of
the owner or operator for wading or recreational bathing, and is
for the use of any segment of the public, whether limited to
patrons of a companion facility or not.
(8) 'Recreation park' means those facilities as defined by ORS
446.310.
(9) 'Travelers' accommodation' means those facilities as
defined by ORS 446.310.
(10) 'Variance' means written permission from the department
for a public swimming pool, public spa pool or public wading pool
to be operated when it does not comply with all the applicable
rules for public swimming pools, public spa pools or public
wading pools.
SECTION 211. ORS 448.011 is amended to read:
448.011. The Department of { - Human Services - } { +
Public Health + } shall make such rules pertaining to the
submission of plans for construction, issuance of permits,
design, construction, size, shape, purification equipment,
piping, operation, sanitation and accident prevention for public
swimming pools, public spa pools, public wading pools and
bathhouses as it deems necessary.
SECTION 212. ORS 448.020 is amended to read:
448.020. No person shall construct or perform a major
alteration or reconstruction of a public swimming pool, public
spa pool, public wading pool or bathhouse without a permit to do
so from the Department of { - Human Services - } { + Public
Health + }.
SECTION 213. ORS 448.030 is amended to read:
448.030. (1) Any person desiring to construct any public
swimming pool, public spa pool, public wading pool or bathhouse
shall file application for a permit to do so with the Department
of { - Human Services - } { + Public Health + }.
(2) The application shall be accompanied by a description of
the sources of water supply, amount and quality of water
available and intended to be used, method and manner of water
purification, treatment, disinfection, heating, regulating and
cleaning, lifesaving apparatus, and measures to { - insure - }
{ + ensure + } safety of bathers, measures to { - insure - }
{ + ensure + } personal cleanliness of bathers, methods and
manner of washing, disinfecting, drying and storing bathing
apparel and towels, and all other information and statistics that
may be required by the department. The department shall either
approve or reject the application based upon the plans submitted
and either issue or deny the construction permit.
(3) After a construction permit is issued and upon request, the
department shall cause an investigation to be made of the
proposed public swimming pool, public spa pool, public wading
pool or bathhouse. If the department determines that the public
swimming pool, public spa pool, public wading pool or bathhouse
complies with the rules of the department, it shall issue a final
approval which shall authorize the issuance of a license.
(4) An applicant for a permit to construct a public swimming
pool, public spa pool, public wading pool or bathhouse to be
owned, operated or maintained by a person for profit, or in
conjunction with a travelers' accommodation or recreation park,
shall pay the department a plan review fee of $100 and a
construction permit fee of $200, which entitles the holder to two
inspections toward final approval. The department shall not
impose any new standards after a second or any subsequent
inspection. For any subsequent construction inspection necessary,
the permit holder shall pay $100 for each inspection.
SECTION 214. ORS 448.035 is amended to read:
448.035. (1) No person shall operate or maintain a public
swimming pool, public spa pool, public wading pool or bathhouse
without a license to do so from the Department of { - Human
Services - } { + Public Health + }.
(2) An annual fee of $100 shall be paid for a license to
operate a public swimming pool, public spa pool, public wading
pool or bathhouse. The annual fee for a license for a second or
additional public swimming pool, public spa pool, public wading
pool or bathhouse, or any combination thereof, on the same site
shall be an amount equal to 60 percent of the fee for the first
license.
(3) Licenses issued under this section expire annually on a
date set by rule.
SECTION 215. ORS 448.037 is amended to read:
448.037. (1) A person applying for a variance shall submit a
variance application accompanied by a fee of $150 to the
Department of { - Human Services - } { + Public Health + }.
If the department approves the application, a variance shall be
granted, stating the terms and conditions thereof.
(2) The department may waive the fee for variance requests
precipitated by change in the department's rules.
(3) The department may not delegate the responsibility under
subsection (1) of this section under the provision of ORS
448.100.
SECTION 216. ORS 448.040 is amended to read:
448.040. For the purposes of ORS 448.005 to 448.090, the
Director of { - Human Services - } { + Public Health + } may
at all reasonable times enter upon any part of the premises of
public bathing and swimming places to make examination and
investigation to determine the sanitary conditions of such places
and whether ORS 448.005 to 448.090 or the rules of the Department
of { - Human Services - } { + Public Health + } pertaining to
public swimming pools, public spa pools, public wading pools or
bathhouses are being violated.
SECTION 217. ORS 448.051 is amended to read:
448.051. (1) The Director of { - Human Services - } { +
Public Health + } shall inspect all public swimming pools, public
spa pools, public wading pools and bathhouses to determine the
sanitary conditions of such places and whether ORS 448.005 to
448.090 and the rules of the Department of { - Human
Services - } { + Public Health + } pertaining to public
swimming pools, public spa pools, public wading pools and
bathhouses are being violated.
(2) If the director determines that a public swimming pool,
public spa pool, public wading pool or bathhouse is being
operated or maintained in violation of the rules of the
department or is found to be insanitary, unclean or dangerous to
public health or safety the director may suspend, revoke or deny
the permit or license issued under ORS 448.030 or 448.035 in
accordance with ORS 183.310 to 183.550.
SECTION 218. ORS 448.060 is amended to read:
448.060. (1) No public swimming pool, public spa pool, public
wading pool or bathhouse shall remain open to the public after
the permit or license to operate such facilities has been
suspended, denied or revoked.
(2) Any public swimming pool, public spa pool, public wading
pool or bathhouse constructed, operated or maintained contrary to
ORS 448.005 to 448.090, is a public nuisance, dangerous to
health.
(3) Such nuisance may be abated or enjoined in an action
brought by the Director of { - Human Services - } { + Public
Health + } or may be summarily abated in the manner provided by
law for the summary abatement of public nuisances dangerous to
health.
SECTION 219. ORS 448.100 is amended to read:
448.100. (1) The Director of { - Human Services - } { +
Public Health + } shall delegate to any county board of
commissioners that requests any of the authority,
responsibilities and functions of the director { - of Human
Services - } under ORS 448.005, 448.011, 448.020 to 448.035,
448.040 to 448.060 and this section if the director determines
that the county is able to carry out the rules of the Department
of { - Human Services - } { + Public Health + } relating to
fee collection, licensing, inspections, enforcement and issuance
and revocation of permits and certificates in compliance with
standards for enforcement by the counties and monitoring by the
department. Such standards shall be established by the department
in consultation with the appropriate county officials and in
accordance with ORS 431.345. The department shall review and
monitor each county's performance under this subsection. In
accordance with ORS 183.310 to 183.550, the director may suspend
or rescind a delegation under this subsection. If it is
determined that a county is not carrying out such rules or the
delegation is suspended, the unexpended portion of the fees
collected under subsection (2) of this section shall be available
to the department for carrying out the authority, responsibility
and functions under this section.
(2) The county may determine the amount of, and retain, any fee
for any function undertaken pursuant to subsection (1) of this
section or use the fee schedules pursuant to ORS 448.030 and
448.035. A county to whom licensing, inspection and enforcement
authority has been delegated under this section shall collect and
remit to the department a fee to support the activities of the
department under this section. The fee shall be established by
the department and the Conference of Local Health Officials based
upon a budget and formula for funding activities described in
this section. The department and the Conference of Local Health
Officials shall consult with associations representing Oregon
cities, special districts and the lodging industry in
establishing the fee. In the event the department and the
Conference of Local Health Officials cannot reach agreement on
the budget and formula, the department shall submit its budget
proposal to the Legislative Assembly.
(3) In any action, suit or proceeding arising out of county
administration of functions pursuant to subsection (1) of this
section and involving the validity of a rule promulgated by the
department, the department shall be made a party to the action,
suit or proceeding.
SECTION 220. ORS 448.115 is amended to read:
448.115. As used in ORS 448.115 to 448.285, 454.235 and 454.255
unless the context requires otherwise:
(1) 'Connection' means the connection between a water system
and a customer that enables the customer to receive potable water
from the system.
(2) 'Construction standards' means criteria for constructing or
installing water system facilities.
(3) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(4) 'Director' means the Director of { - Human Services - }
{ + Public Health + }.
(5) 'Emergency' means a condition resulting from an unusual
calamity such as a flood, an earthquake or an accidental spill of
hazardous material that can endanger the quality of the water
produced by a water system.
(6) 'Operational requirements' means requirements that
prescribe the manner in which water systems must be operated.
(7) 'Permit' means a document issued to a water system that
authorizes it to commence or continue to operate in the State of
Oregon and lists the conditions the system must meet to continue
operating.
(8) 'Safe drinking water' means water that is sufficiently free
from biological, chemical, radiological or physical impurities
such that individuals will not be exposed to disease or harmful
physiological effects.
(9) 'Sanitary survey' means an on-site review of the source,
facilities, equipment, operation and maintenance of a water
system, including related land uses, for the purpose of
evaluating the capability of that water system to produce and
distribute safe drinking water.
(10) 'Special master' means the person appointed by the court
to administrate the water system.
(11) 'Variance' means permission from the agency for a water
system to provide water that does not meet water quality
standards.
(12) 'Water supplier' means any person, group of persons,
municipality, district, corporation or entity that owns or
operates a water system.
(13) 'Water system' means a system for the provision of water
for human consumption through pipes or other constructed
conveyances.
(14) 'Waterborne disease' means disease caused by chemical,
physical, radiological or biological agents epidemiologically
associated with infection, illness or disability that is
transported to human beings by water that has been ingested or
through contact as in bathing or other domestic uses.
SECTION 221. ORS 448.119 is amended to read:
448.119. Before a water system is subject to regulation under
ORS 448.119 to 448.285, 454.235 and 454.255, the system must have
at least four service connections, or it must serve water to
public or commercial premises which are used by an average of at
least 10 individuals daily at least 60 days each year. In a
housing subdivision of four or more living units where the water
service connections of individual units are only two or three per
water system, at the discretion of the Director of { - Human
Services - } { + Public Health + }, the Department of
{ - Human Services - } { + Public Health + } may regulate the
water systems within the subdivision under ORS 448.119 to
448.285, 454.235 and 454.255.
SECTION 222. ORS 448.123 is amended to read:
448.123. (1) It is the purpose of ORS 448.119 to 448.285,
454.235 and 454.255 to:
(a) Assure all Oregonians safe drinking water.
(b) Provide a simple and effective regulatory program for
drinking water systems.
(c) Provide a means to improve inadequate drinking water
systems.
(2) In carrying out the purpose set forth in subsection (1) of
this section, the Department of { - Human Services - } { +
Public Health + } shall act in accordance with the goal set forth
in ORS 468B.155.
(3) If, in carrying out any duty prescribed by law, the
department acquires information related to ground water quality
in Oregon, the department shall forward a copy of the information
to the centralized repository established pursuant to ORS
468B.167.
SECTION 223. ORS 448.131 is amended to read:
448.131. (1) The Department of { - Human Services - } { +
Public Health + } shall adopt water quality standards that are
necessary to protect the public health through { - insuring - }
{ + ensuring + } safe drinking water within a water system.
(2) In order to { - insure - } { + ensure + } safe drinking
water, the department shall prescribe:
(a) Construction standards governing the performance of a water
system insofar as they relate to the safety of drinking water.
(b) Standards for the operation of water systems in so far as
they relate to the delivery of safe drinking water.
(c) Other standards and requirements considered necessary by
the department to { - insure - } { + ensure + } safe drinking
water.
(3) The department shall require that construction and
installation plans be submitted and approved before construction
begins on new systems or substantial improvements are made to old
systems. The department may adopt rules exempting certain water
systems from the plan review process.
(4) The department may impose and collect a fee from a water
supplier for reviewing construction and installation plans.
(5) Nothing in this section authorizes the department to
require alterations of existing facilities unless alterations are
necessary to { - insure - } { + ensure + } safe drinking
water.
SECTION 224. ORS 448.135 is amended to read:
448.135. The Department of { - Human Services - } { +
Public Health + } may grant variances from standards if:
(1) There is no unreasonable risk to health;
(2) The water supplier has provided sufficient evidence to
confirm that the best available treatment techniques are unable
to treat the water in question so that it meets maximum
contaminant levels;
(3) The water supplier agrees to notify the customers of the
water supplier at appropriate intervals, as determined by the
department, why the water system is, or remains, out of
compliance with standards;
(4) The water supplier agrees to adhere to a compliance
schedule, if the department prescribes one, which outlines how
the water supplier intends to achieve compliance with standards.
If a schedule is prescribed, it must be reviewed and evaluated
every three years; and
(5) The department has announced its intention to grant a
variance and has either:
(a) Held a public hearing in the affected area prior to
granting the variance; or
(b) Served notice of intent to grant the variance either
personally, or by registered or certified mail to all customers
connected to the water system, or by publication in a newspaper
in general circulation in the area. If no hearing is requested
within 10 days of the date that notice is given, the department
may grant the variance.
SECTION 225. ORS 448.140 is amended to read:
448.140. A water system that does not comply with the rules and
standards of the Department of { - Human Services - } { +
Public Health + } shall be operated only after the water supplier
has received a permit for the system from the department if:
(1) The department has not granted a variance from standards as
provided under ORS 448.135 to the water supplier; and
(2) The water system is providing water that does not meet
maximum contaminant standards as determined by an investigation
conducted by the department under ORS 448.150.
SECTION 226. ORS 448.145 is amended to read:
448.145. (1) A permit shall be issued by the Department of
{ - Human Services - } { + Public Health + } when there are
economic or other compelling factors such that the water supplier
is unable to install the water treatment facilities or to meet
the maximum contaminant levels.
(2) The department shall prescribe a compliance schedule,
including interim measures to eliminate the risk to health, which
sets a specific time limit for the water supplier operating on a
permit to install the water treatment facilities or to meet the
maximum contaminant levels.
(3) For so long as the water supplier operates on a permit, it
must notify its customers at least once every three months why
the water system is, or remains, out of compliance.
(4) When the department announces its intention to grant a
permit, it shall:
(a) Hold a public hearing in the affected area prior to
granting the permit; or
(b) Serve notice of intent to issue the permit either
personally, or by registered or certified mail to all customers
connected to the water system, or by publication in a newspaper
in general circulation in the area. If no hearing is requested
within 10 days of the date that notice is given, the department
may finalize the permit.
(5) The document evidencing the permit shall contain a
statement of the conditions under which the water system may
operate.
SECTION 227. ORS 448.150 is amended to read:
448.150. (1) The Department of { - Human Services - } { +
Public Health + } shall:
(a) Conduct periodic sanitary surveys of drinking water systems
and sources, take water samples and inspect records to
{ - insure - } { + ensure + } the system is not creating an
unreasonable risk to health. The department shall provide written
reports of such examinations to the local health administrator
and to the water supplier.
(b) Require regular water sampling by water suppliers. These
samples shall be analyzed in a laboratory approved by the
department. The results of the laboratory analysis shall be
reported to the department by the water supplier, unless direct
laboratory reporting is authorized by the water supplier.
(c) Investigate any water system that fails to meet the water
quality standards established by the department.
(d) Require every water supplier that provides drinking water
that is from a surface water source to conduct sanitary surveys
of the watershed as may be considered necessary by the department
for the protection of public health. The water supplier shall
make written reports of such sanitary surveys of watersheds
promptly to the department and to the local health department.
(e) Investigate reports of waterborne disease pursuant to its
authority under ORS 431.110 and take necessary actions as
provided for in ORS 446.310, 448.030, 448.115 to 448.285,
454.235, 454.255 and 455.680 to protect the public health and
safety.
(f) Notify the Department of Environmental Quality of a
potential ground water management area if, as a result of its
water sampling under paragraphs (a) to (e) of this subsection,
the Department of { - Human Services - } { + Public
Health + } detects the presence in ground water of:
(A) Nitrate contaminants at levels greater than 70 percent of
the levels established pursuant to ORS 468B.165; or
(B) Any other contaminants at levels greater than 50 percent of
the levels established pursuant to ORS 468B.165.
(2) The notification required under subsection (1)(f) of this
section shall identify the substances detected in the ground
water and all ground water aquifers that may be affected.
SECTION 228. ORS 448.155 is amended to read:
448.155. The Department of { - Human Services - } { +
Public Health + }:
(1) May provide technical assistance and organize, coordinate
and conduct training for water system personnel.
(2) Shall conduct a program designed to stimulate public
participation in matters relating to water systems through public
presentations, dissemination of informational materials and other
similar efforts.
SECTION 229. ORS 448.160 is amended to read:
448.160. (1) The Department of { - Human Services - } { +
Public Health + } shall maintain a plan outlining actions to be
taken by the department during emergencies relating to water
systems.
(2) The department may require that a water supplier compile an
emergency plan if it appears necessary to the Director of
{ - Human Services - } { + Public Health + }.
SECTION 230. ORS 448.165 is amended to read:
448.165. (1) Counties may develop water service plans. These
plans should encourage small water systems to combine management
functions and to consolidate where possible. Water service plans
must be in keeping with county land use plans.
(2) Cities or counties, whichever have authority to issue
building permits, must certify that the Department of { - Human
Services - } { + Public Health + } has approved the
construction and installation plans of a proposed water system
development and the development plan does not violate city or
county water service plans before issuing a building permit.
(3) Counties or boundary commissions are authorized to approve
the formation, consolidation and expansion of water systems not
owned by cities in keeping with county and city plans. In doing
so, counties or boundary commissions should consider whether
water service is extended in a logical fashion and water systems
have a financial base sufficient for operation and maintenance.
SECTION 231. ORS 448.170 is amended to read:
448.170. (1) The Department of { - Human Services - } { +
Public Health + } may enter into an agreement with a local
governmental unit for the local governmental unit to perform the
duties of the department under the Oregon Drinking Water Quality
Act. The duration of the agreement, the duties to be performed
and the remuneration to be paid by the department are subject to
agreement by the department and the local governmental unit.
(2) In any action, suit or proceeding arising out of county
administration of functions pursuant to ORS 446.310, 448.030,
448.115 to 448.285, 454.235, 454.255, 455.170 and 757.005 and
involving the validity of a rule adopted by the department, the
department shall be made a party to the action, suit or
proceeding.
SECTION 232. ORS 448.175 is amended to read:
448.175. Subject to ORS 183.310 to 183.550, the Department of
{ - Human Services - } { + Public Health + }:
(1) Shall require that the water suppliers give public notice
of violations in the water system.
(2) May refuse to allow expansion of or additional connections
to a water system until the water system meets water quality
standards and requirements.
(3) May enter an order requiring a water supplier to acquire or
construct a water system that provides water meeting department
standards. When the order requires a city to acquire a water
system, the system must have the majority of its facilities
within the city's adopted urban growth boundary. When the order
is entered upon a city, the procedure described in ORS 454.235 to
454.255 shall be followed.
(4) May enter an order requiring a water supplier that fails to
comply with the schedule prescribed under ORS 448.140 to cease
operation of the water system.
SECTION 233. ORS 448.180 is amended to read:
448.180. The Department of { - Human Services - } { +
Public Health + } may grant waivers on construction standards if
the department is satisfied there will be no unreasonable risk to
health.
SECTION 234. ORS 448.250 is amended to read:
448.250. (1) Whenever a water system or part thereof presents
or threatens to present a public health hazard requiring
immediate action to protect the public health, safety and
welfare, the Director of { - Human Services - } { + Public
Health + } may request the district attorney of the county
wherein the system is located to institute an action. The action
may be commenced without the necessity of prior administrative
procedures or hearing and entry of an order or at any time during
such administrative proceedings, if such proceedings have been
commenced. The action may petition for a mandatory injunction
compelling the water supplier to cease and desist operation or to
make such improvements and corrections as are necessary to remove
the public health hazard or threat thereof.
(2)(a) If the water supplier refuses to comply with the order
of the court, in addition to other remedies, the court may
appoint a special master to operate the water system. Costs of
operation and improvement during operation by the special master
are to be charged to the water supplier and may be collected by
impounding revenue due to the water supplier from customers of
the supplier; or, if those funds are insufficient, from other
revenues due to the water supplier.
(b) The court may require sale of a water system under a
special master to a responsible party if the water supplier
refuses to comply with the standards and requirements of the
Department of { - Human Services - } { + Public Health + }.
(3) Cases filed under provisions of this section or any appeal
therefrom shall be given preference on the docket over all other
civil cases except those given an equal preference by statute.
(4) Nothing in this section is intended to prevent the
maintenance of actions for legal or equitable remedies relating
to private or public nuisance or for recovery of damages brought
by private persons or by the state on relation of any person.
SECTION 235. ORS 448.255 is amended to read:
448.255. (1) Whenever the Director of { - Human Services - }
{ + Public Health + } has reasonable grounds to believe that a
water system or part thereof is being operated or maintained in
violation of any rule adopted pursuant to ORS 448.115 to 448.285,
454.235 and 454.255, the director shall give written notice to
the water supplier responsible for the system.
(2) The notice required under subsection (1) of this section
shall include the following:
(a) Citation of the rule allegedly violated;
(b) The manner and extent of the alleged violation; and
(c) A statement of the party's right to request a hearing.
(3) The notice shall be served personally or by registered or
certified mail and shall be accompanied by an order of the
director requiring remedial action which, if taken within the
time specified in the order, will effect compliance with the rule
allegedly violated. The order shall become final unless request
for hearing is made by the party receiving the notice within 10
days from the date of personal service or the date of mailing of
the notice.
(4) The form of petition for hearing and the procedures
employed in the hearing shall be consistent with the requirements
of ORS 183.310 to 183.550 and shall be in accordance with rules
adopted by the Department of { - Human Services - } { +
Public Health + }.
(5) Hearings under this section shall be conducted by a hearing
officer assigned from the Hearing Officer Panel established under
section 3, chapter 849, Oregon Laws 1999.
(6) The order shall be affirmed or reversed by the director
after hearing. A copy of the director's decision setting forth
findings of fact and conclusions shall be sent by registered or
certified mail to the petitioner or served personally upon the
petitioner. An appeal from such decision may be made as provided
in ORS 183.480 relating to a contested case.
SECTION 236. ORS 448.255, as amended by section 85, chapter
849, Oregon Laws 1999, is amended to read:
448.255. (1) Whenever the Director of { - Human Services - }
{ + Public Health + } has reasonable grounds to believe that a
water system or part thereof is being operated or maintained in
violation of any rule adopted pursuant to ORS 448.115 to 448.285,
454.235 and 454.255, the director shall give written notice to
the water supplier responsible for the system.
(2) The notice required under subsection (1) of this section
shall include the following:
(a) Citation of the rule allegedly violated;
(b) The manner and extent of the alleged violation; and
(c) A statement of the party's right to request a hearing.
(3) The notice shall be served personally or by registered or
certified mail and shall be accompanied by an order of the
director requiring remedial action which, if taken within the
time specified in the order, will effect compliance with the rule
allegedly violated. The order shall become final unless request
for hearing is made by the party receiving the notice within 10
days from the date of personal service or the date of mailing of
the notice.
(4) The form of petition for hearing and the procedures
employed in the hearing shall be consistent with the requirements
of ORS 183.310 to 183.550 and shall be in accordance with rules
adopted by the Department of { - Human Services - } { +
Public Health + }.
(5) The director may designate a hearing officer to act on
behalf of the director in holding and conducting hearings.
(6) The order shall be affirmed or reversed by the director
after hearing. A copy of the director's decision setting forth
findings of fact and conclusions shall be sent by registered or
certified mail to the petitioner or served personally upon the
petitioner. An appeal from such decision may be made as provided
in ORS 183.480 relating to a contested case.
SECTION 237. ORS 448.268 is amended to read:
448.268. If, as a result of its activities under ORS 448.150,
the Department of { - Human Services - } { + Public
Health + } confirms the presence in ground water drinking water
supplies of contaminants resulting at least in part from
suspected nonpoint source activities, the department shall
declare an area of ground water concern. The declaration shall
identify the substances confirmed in the ground water and all
ground water aquifers that may be affected.
SECTION 238. ORS 448.271 is amended to read:
448.271. (1) In any transaction for the sale or exchange of
real estate that includes a well that supplies ground water for
domestic purposes, the seller of the real estate shall, upon
accepting an offer to purchase that real estate, have the well
tested for nitrates and total coliform bacteria. The Department
of
{ - Human Services - } { + Public Health + } also may require
additional tests for specific contaminants in an area of ground
water concern or ground water management area. The seller shall
submit the results of the test required under this section to the
department.
(2) The failure of a seller to comply with the provisions of
this section does not invalidate an instrument of conveyance
executed in the transaction.
SECTION 239. ORS 448.273 is amended to read:
448.273. The Legislative Assembly finds that an agreement
between this state and the federal government to assume primary
enforcement responsibility in this state for the federal Safe
Drinking Water Act is in the best interest of this state, subject
to the following assumptions:
(1) The federal government provides an annual program grant in
an amount no less than that allocated for the state in the 1984
fiscal year.
(2) The federal government provides technical assistance to
this state, as requested, in emergency situations and during
outbreaks of waterborne diseases.
(3) The federal government must negotiate an annual work plan
for the Department of { - Human Services - } { + Public
Health + } that can be accomplished within the amount of program
grant funding available.
(4) The Department of { - Human Services - } { + Public
Health + } adopts standards no less stringent than the National
Primary Drinking Water Regulations of the United States
Environmental Protection Agency.
(5) The Department of { - Human Services - } { + Public
Health + } provides engineering assistance through regional
offices in at least four geographically distributed areas in this
state.
(6) In cooperation with representatives of local health
departments, the Department of { - Human Services - } { +
Public Health + } develops an equitable formula for distribution
of available funds to support local health department water
programs.
(7) The primacy agreement may be canceled by the Department of
{ - Human Services - } { + Public Health + }, upon 90 days'
notice, if at any time the federal requirements exceed the amount
of federal funding and the cancellation is approved by the
legislative review agency as defined in ORS 291.371 (1).
(8) The federal government can impose financial sanctions
against this state if the state fails to meet the objectives of
the annual negotiated work plan without reasonable explanation by
tying the next annual funding to specific state production and by
withholding of funds a possibility if continued unexplained
failures occur but no sanction exists to interfere with other
types of federal funding in this state.
(9) The federal government may seek to enforce the safe
drinking water standards if this state fails to take timely
compliance action against a public water system that violates
such standards.
(10) Enforcement under subsection (9) of this section may be by
injunctive relief or, in the case of willful violation, civil
penalties authorized by 42 U.S.C. 300g-3 (a) and (b).
SECTION 240. ORS 448.277 is amended to read:
448.277. The Department of { - Human Services - } { +
Public Health + } is authorized to enter into an agreement with
the federal government to administer the federal Safe Drinking
Water Act in this state. The agreement is subject to the
legislative assumption stated in ORS 448.273. The agreement shall
remain in effect subject to annual renegotiation of the duties to
be performed and the remuneration to be received by the
department except that it may be canceled by the department, upon
90 days' notice, if at any time the federal requirements exceed
the amount of federal funding and the cancellation is approved by
the legislative review agency as defined in ORS 291.371 (1).
SECTION 241. ORS 448.279 is amended to read:
448.279. (1) The Department of { - Human Services - } { +
Public Health + } by rule shall establish a certification program
for persons who inspect cross connections or test backflow
prevention device assemblies. The program shall include minimum
qualifications necessary for a person to be certified to:
(a) Conduct a cross connection inspection; and
(b) Test a backflow prevention device assembly.
(2) Except for an employee of a water supplier as defined in
ORS 448.115, a person certified under this section shall:
(a) Become licensed as a construction contractor with the
Construction Contractors Board as provided under ORS chapter 701;
or
(b) Become licensed as a landscape contractor as provided under
ORS 671.510 to 671.710.
(3) In conjunction with the certification program established
under subsection (1) of this section, the department may
establish and collect a fee from an individual requesting
certification under the program. A fee imposed under this
subsection shall:
(a) Not be refundable; and
(b) Not exceed the cost of administering the certification
program of the department for which purpose the fee is
established, as authorized by the Legislative Assembly within the
budget of the department and as the budget may be modified by the
Emergency Board.
(4) All moneys collected by the department under this section
shall be deposited in the General Fund to the credit of an
account of the department. Such moneys are continuously
appropriated to the department to pay the cost of administering
the certification program established pursuant to subsections (1)
and (3) of this section.
SECTION 242. ORS 448.280 is amended to read:
448.280. (1) In addition to any other penalty provided by law:
(a) Any person who violates any rule of the Department of
{ - Human Services - } { + Public Health + } relating to the
construction, operation or maintenance of a water system or part
thereof shall incur a civil penalty not to exceed $500 for each
day of violation, except that a violation at any water system
that serves more than 10,000 people shall be subject to a civil
penalty not to exceed $1,000 for each day of violation.
(b) Any person who operates an environmental laboratory and who
purports that the laboratory is accredited under the
environmental laboratory accreditation program established under
ORS 438.615 when the laboratory is not accredited shall incur a
civil penalty in accordance with the schedule of penalties
established by rule by the Director of { - Human Services - }
{ + Public Health + }, in collaboration with the accrediting
authority.
(2) No civil penalty prescribed under subsection (1) of this
section shall be imposed until the person incurring the penalty
has received five days' advance notice in writing from the
department or unless the person incurring the penalty shall
otherwise have received actual notice of the violation not less
than five days prior to the violation for which a penalty is
imposed.
SECTION 243. ORS 448.285 is amended to read:
448.285. (1) The Director of { - Human Services - } { +
Public Health + } shall adopt by rule a schedule or schedules
establishing the amount of civil penalty that may be imposed for
a particular violation. No civil penalty shall exceed $500 per
day, except that a violation at any water system that serves more
than 10,000 people shall be subject to a civil penalty not to
exceed $1,000 for each day of violation.
(2) The director may impose the penalty without hearing but
only after the notice required by ORS 448.280 (2). In imposing a
penalty pursuant to the schedule or schedules adopted pursuant to
this section, the director shall consider the following factors:
(a) The past history of the person incurring a penalty in
taking all feasible steps or procedures necessary or appropriate
to correct any violation.
(b) Any prior violations of statutes, rules, orders and permits
pertaining to the water system.
(c) The economic and financial conditions of the person
incurring the penalty.
(3) The penalty imposed under this section may be remitted or
mitigated upon such terms and conditions as the Department of
{ - Human Services - } { + Public Health + } considers proper
and consistent with the public health and safety.
(4) In adopting rules or imposing penalties under this section
for violations of ORS 448.280 (1)(b), the director shall
collaborate with the accrediting authority.
SECTION 244. ORS 448.295 is amended to read:
448.295. Subject to the authority of the Department of
{ - Human Services - } { + Public Health + }, for the purpose
of protecting from pollution their domestic water supply sources,
cities shall have jurisdiction over all property:
(1) Occupied by the distribution system or by the domestic
water supply sources by and from which the city or any person or
corporation provides water to the inhabitants of the city.
(2) Acquired, owned or occupied for the purpose of preserving
or protecting the purity of the domestic water supply source.
(3) Acquired, owned or occupied by cities within the areas
draining into the domestic water supply sources.
SECTION 245. ORS 448.330 is amended to read:
448.330. (1) The Director of { - Human Services - } { +
Public Health + } may prohibit the sale of water pipe used to
carry potable water and solders, fillers or brazing material used
in making up joints and fittings in this state and the
installation or use of water pipe used to carry potable water and
solders, fillers or brazing material used in making up joints and
fittings in any private or public potable water supply system or
individual water user's lines until such time as the director
determines that adequate standards exist and are practiced in the
manufacture of water pipe used to carry potable water and
solders, fillers or brazing material used in making up joints and
fittings to { - insure - } { + ensure + } that the pipe and
solder do not present a present or potential threat to the public
health in this state.
(2) The Director of { - Human Services - } { + Public
Health + } shall adopt, by rule, product acceptability criteria
for water pipe used to carry potable water and solders, fillers
or brazing material used in making up joints and fittings for
water supply purposes which { - insure - } { + ensure + }
that the pipe and solder do not present a threat to the public
health in this state. The Department of
{ - Human Services - } { + Public Health + } shall be
responsible for the monitoring of the sale and use of water pipe
used to carry potable water and solders, fillers or brazing
material used in making up joints and fittings for compliance
with the product acceptability criteria. The Department of
Consumer and Business Services shall cooperate with, and assist,
the Department of { - Human Services - } { + Public
Health + } in its monitoring efforts.
(3) No water pipe used to carry potable water or solders,
fillers or brazing material used in making up joints and fittings
which does not conform to the product acceptability criteria
adopted under subsection (2) of this section shall be sold in
this state or installed in any part of any public or private
potable water supply system or individual water user's lines.
(4) Notwithstanding subsection (1) or (3) of this section, the
Director of { - Human Services - } { + Public Health + } may
grant exemptions from any prohibition of the sale or use of water
pipe used to carry potable water for the emergency repair or
replacement of any existing part of a water supply system, or for
the necessary use by a well driller in the installation of a
well. The director may require any person using water pipe used
to carry potable water under this subsection to notify the
Department of
{ - Human Services - } { + Public Health + } of the date and
location of that use.
SECTION 246. ORS 448.407 is amended to read:
448.407. To aid and advise the Environmental Quality Commission
and Department of { - Human Services - } { + Public
Health + } in the adoption of rules under ORS 448.410 and
448.450, the Director of the Department of Environmental Quality
and the Director of { - Human Services - } { + Public
Health + } shall appoint an advisory committee. The members of
the committee shall include but need not be limited to
representatives of all types of water systems.
SECTION 247. ORS 448.409 is amended to read:
448.409. On or before January 1, 1989, and biennially
thereafter, the Department of Environmental Quality and
Department of { - Human Services - } { + Public Health + }
shall develop and submit a joint report to the Legislative
Assembly. The report shall include, but need not be limited to:
(1) A summary of actions taken under ORS 448.405 to 448.465,
448.992 and 448.994;
(2) An evaluation of the effectiveness of such actions; and
(3) Any information and recommendations, including legislative
recommendations the Department of Environmental Quality or the
Department of { - Human Services - } { + Public Health + }
considers appropriate.
SECTION 248. ORS 448.410 is amended to read:
448.410. (1) The Environmental Quality Commission shall:
(a) Adopt rules necessary to carry out the provisions of ORS
448.410 to 448.430 and 448.992.
(b) Classify all sewage treatment works. In classifying the
sewage treatment works, the commission shall take into
consideration size and type, character of wastewater to be
treated and other physical conditions affecting the sewage
treatment works and the skill, knowledge and experience required
of an operator.
(c) Certify persons qualified to supervise the operation of
sewage treatment works.
(d) Subject to the prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fee, establish a schedule of fees for
certification under paragraph (c) of this subsection. The fees
established under the schedule shall be sufficient to pay the
costs incurred by the department in carrying out the provisions
of ORS 448.410 to 448.430 and 448.992 and shall be within the
budget authorized by the Legislative Assembly as that budget may
be modified by the Emergency Board.
(2) The commission may grant a variance from the requirements
of ORS 448.415, according to criteria established by rule by the
commission.
(3) In adopting rules under this section, the commission shall
consult with the Department of { - Human Services - } { +
Public Health + } in order to coordinate rules adopted under this
section with rules adopted by the Department of { - Human
Services - } { + Public Health + } under ORS 448.450.
SECTION 249. ORS 448.450 is amended to read:
448.450. (1) The Department of { - Human Services - } { +
Public Health + } shall:
(a) Adopt rules necessary to carry out the provisions of ORS
448.450 to 448.465, 448.992 and 448.994.
(b) Classify all potable water treatment plants and water
distribution systems actually used or intended for use by the
public. In classifying the potable water treatment plants and
water distribution systems, the department shall take into
consideration size and type, character of water to be treated and
other physical conditions affecting the treatment plants and
distribution systems and the skill, knowledge and experience
required of an operator.
(c) Certify persons qualified to supervise the operation of a
potable water treatment plant or a water distribution system.
(d) Subject to the prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fee, establish a schedule of fees for
certification under paragraph (c) of this subsection. The fees
established under the schedule shall be sufficient to pay the
cost of the Department of { - Human Services - } { + Public
Health + } in carrying out the provisions of ORS 448.450 to
448.465, 448.992 and 448.994 and shall be within the budget
authorized by the Legislative Assembly as that budget may be
modified by the Emergency Board.
(2) Notwithstanding the authority of the Department of
{ - Human Services - } { + Public Health + } to establish fees
for certification under subsection (1)(d) of this section, the
department will not establish fees for certification of operators
of water systems serving ground water to fewer than 150 service
connections.
(3) In adopting rules under this section, the Department of
{ - Human Services - } { + Public Health + } shall consult
with the Department of Environmental Quality in order to
coordinate rules adopted under this section with rules adopted by
the Environmental Quality Commission under ORS 448.410.
SECTION 250. ORS 448.460 is amended to read:
448.460. On and after September 27, 1987, an operator holding a
current Oregon water treatment certification issued under a
voluntary certification program shall be considered certified
under the program established under ORS 448.450 at the same
classification and grade. Certification of operators by any state
that, as determined by the Department of { - Human Services - }
{ + Public Health + }, accepts certifications made under ORS
448.450 to 448.465, 448.992 and 448.994, shall be accorded
reciprocal treatment and shall be recognized as valid and
sufficient within the purview of ORS 448.450 to 448.465, 448.992
and 448.994, if in the judgment of the Director of { - Human
Services - } { + Public Health + }, the certification
requirements of such state are substantially equivalent to the
requirements of ORS 448.450 to 448.465, 448.992 and 448.994 or
any rule adopted under ORS 448.450 to 448.465, 448.992 and
448.994.
SECTION 251. ORS 448.465 is amended to read:
448.465. Any fees collected pursuant to the schedule adopted
under ORS 448.450 shall be deposited in the General Fund of the
State Treasury to the credit of the Department of { - Human
Services - } { + Public Health + }. Such fees are continuously
appropriated to the Department of Environmental Quality to pay
the cost of administering the provisions of ORS 448.450 to
448.465, 448.992 and 448.994.
SECTION 252. ORS 450.165 is amended to read:
450.165. (1) Whenever the board deems it expedient or necessary
to cause to be constructed sewers, drains or sewage treatment
plants, the cost of which, in whole or in part, is to be paid
either by the proceeds of the sale of bonds by the district or
assessed against the property directly benefited or by both
methods in proportion, the board shall retain a registered
professional engineer to prepare plans and specifications for the
sewers, drains or sewage treatment plants, which plans and
specifications shall be filed in the office of the secretary of
the district.
(2) The district board may, however, adopt any plans and
specifications they see fit, provided the plans have been
prepared by a registered professional engineer and have been
approved by the Department of { - Human Services - }
{ + Public Health + } and the Environmental Quality Commission.
SECTION 253. ORS 450.845 is amended to read:
450.845. Whenever the board deems it expedient or necessary for
the protection of the public health, safety and welfare to cause
to be constructed treatment plants or trunk or lateral sewers or
drains, or any combination thereof, the board shall determine the
proposed boundaries of the area to be directly benefited thereby
and have a registered professional engineer prepare plans and
specifications for such plants, sewers or drains. Such plans and
specifications must be approved by the Department of { - Human
Services - } { + Public Health + } and the Environmental
Quality Commission and shall be filed in the office of the
authority. Parcels of land which may be served practicably by
lateral sewers or drains connected with treatment plants or trunk
sewers or drains and are not adequately served by existing
plants, sewers or drains, as the case may be, are considered to
be directly benefited by the plants, sewers or drains of the
authority. If all or any portion of the cost of construction is
to be specially assessed against individual property, the
engineer shall include in the plans and specifications, a
description of the location and assessed value of each lot, tract
or parcel of land, or portion thereof, to be specially benefited
by the improvement, with the names of the record owners thereof
and an estimate of the unit cost of the improvement to the
specially benefited property.
SECTION 254. ORS 454.235 is amended to read:
454.235. (1) The governing body of the municipality, by
proposed charter amendment or ordinance, may refer the question
of acquiring and constructing a disposal or water system, as
defined in ORS 448.115, to a vote of its electors, and after
approval thereof by a majority of such electors, may authorize
the issuance of and cause to be issued bonds of the municipality
for such purposes. The bonds may be general obligation, limited
obligation or self-liquidating in character in a sum not more
than the amount authorized at such election and shall be subject
to ORS 454.205 to 454.255. The bonds may provide for payment of
principal and interest thereon from service charges to be imposed
by the governing body for services to be extended through
employment and use of the disposal or water system. If service
charges are imposed to be paid as provided in ORS 454.225, such
portion thereof as may be deemed sufficient shall be set aside as
a sinking fund for payment of interest on the bond and the
principal thereof at maturity.
(2)(a) When the Environmental Quality Commission or the
Department of { - Human Services - } { + Public Health + }
enters an order pursuant to ORS 183.310 to 183.550 that requires
the acquisition or construction of a disposal system or a water
system in a municipality, respectively, the governing body of the
municipality shall refer to its electors the question of a bond
issue in an amount sufficient to finance the necessary
acquisition or construction of such disposal or water system. The
election shall be held within one year of the date the order of
the commission or department is entered.
(b) If, within eight months after the order of the commission
or department, the governing body of the municipality has not
called an election in compliance with paragraph (a) of this
subsection, the commission or department, whichever is
appropriate, may apply to the circuit court of the county in
which the municipality is located, or to the Circuit Court of
Marion County for an order compelling the holding of an election.
(c) If the electors do not approve the disposal system bond
issue, submitted pursuant to paragraph (a) or (b) of this
subsection, the commission may apply to the circuit court of the
county in which the municipality is located or to the Circuit
Court of Marion County for an order directing that
self-liquidating bonds of the municipality be issued and sold
pursuant to ORS 454.205 to 454.255, and directing that the
proceeds be applied to the acquisition or construction of a
disposal system required to comply with the final order of the
commission. If the court finds that the disposal system required
by the final order of the commission is necessary under the rules
or standards of the commission, it shall issue an order directing
that such bonds be issued and sold without elector approval in
such an amount as the court finds necessary to acquire or
construct such disposal system, and that the proceeds be applied
for such purposes.
(d) Any court proceeding authorized by paragraphs (b) and (c)
of this subsection shall be advanced on the court docket for
immediate hearing.
SECTION 255. ORS 455.680 is amended to read:
455.680. (1) Plan approval and permits shall be obtained from
the Department of Consumer and Business Services prior to
construction, enlargement or alteration of any recreation park,
picnic park or organizational camp as defined in ORS 446.310.
(2) If the department determines that the work conforms to the
approved plans and specifications, it shall issue a final
approval which shall, if all other { - conditions of ORS
455.010 to 455.240, 455.410 to 455.450 and 455.595 to 455.740 - }
{ + applicable provisions of this chapter + }are met,
authorize the issuance of a license by the Department of
{ - Human Services - } { + Public Health + } to operate the
park or, in the case of then currently licensed parks, shall
authorize continued operation for the remaining part of the
licensing year.
(3) In accordance with ORS { - 455.010 to 455.240, 455.410 to
455.450 and 455.595 to 455.740 - } { + 183.310 to 183.550 + }
and in consultation and agreement with the Department of
{ - Human Services - } { + Public Health + }, the Department of
Consumer and Business Services shall adopt rules to carry out
this section. The rules adopted pursuant to this section shall be
a specialty code as defined in ORS 455.010.
SECTION 256. ORS 459.386 is amended to read:
459.386. As used in ORS 459.386 to 459.405:
(1) 'Disposal' means the final placement of treated infectious
waste in a disposal site operating under a permit issued by a
state or federal agency.
(2) 'Infectious waste' includes:
(a) 'Biological waste,' which includes blood and blood
products, excretions, exudates, secretions, suctionings and other
body fluids that cannot be directly discarded into a municipal
sewer system, and waste materials saturated with blood or body
fluids, but does not include diapers soiled with urine or feces.
(b) 'Cultures and stocks,' which includes etiologic agents and
associated biologicals, including specimen cultures and dishes
and devices used to transfer, inoculate and mix cultures, wastes
from production of biologicals, and serums and discarded live and
attenuated vaccines. 'Cultures' does not include throat and urine
cultures.
(c) 'Pathological waste,' which includes biopsy materials and
all human tissues, anatomical parts that emanate from surgery,
obstetrical procedures, autopsy and laboratory procedures and
animal carcasses exposed to pathogens in research and the bedding
and other waste from such animals. 'Pathological waste' does not
include teeth or formaldehyde or other preservative agents.
(d) 'Sharps,' which includes needles, IV tubing with needles
attached, scalpel blades, lancets, glass tubes that could be
broken during handling and syringes that have been removed from
their original sterile containers.
(3) 'Storage' means the temporary containment of infectious
waste in a manner that does not constitute treatment or disposal
of such waste.
(4) 'Transportation' means the movement of infectious waste
from the point of generation over a public highway to any
intermediate point or to the point of final treatment.
(5) 'Treatment' means incineration, sterilization or other
method, technique or process approved by the Department of
{ - Human Services - } { + Public Health + } that changes the
character or composition of any infectious waste so as to render
the waste noninfectious.
SECTION 257. ORS 459.390 is amended to read:
459.390. (1) Infectious waste shall be segregated from other
wastes by separate containment at the point of generation.
Enclosures used for storage of infectious waste shall be secured
to prevent access by unauthorized persons and shall be marked
with prominent warning signs.
(2) Infectious waste, except for sharps, shall be contained in
disposable red plastic bags or containers made of other materials
impervious to moisture and strong enough to prevent ripping,
tearing or bursting under normal conditions of use. The bags or
containers shall be closed to prevent leakage or expulsion of
solid or liquid wastes during storage, collection or
transportation.
(3) Sharps shall be contained for storage, collection,
transportation and disposal in leakproof, rigid,
puncture-resistant red containers that are taped closed or
tightly lidded to prevent loss of the contents. Sharps may be
stored in such containers for more than seven days.
(4) All bags, boxes or other containers for infectious waste
and rigid containers of discarded sharps shall be clearly
identified as containing infectious waste.
(5) Infectious waste shall be stored at temperatures and only
for times established by rules of the Department of { - Human
Services - } { + Public Health + }.
(6) Infectious waste shall not be compacted before treatment
and shall not be placed for collection, storage or transportation
in a portable or mobile trash compactor.
(7) Infectious waste contained in disposable bags as specified
in this section shall be placed for collection, storage, handling
or transportation in a disposable or reusable pail, carton, box,
drum, dumpster, portable bin or similar container. The container
shall have a tight-fitting cover and be kept clean and in good
repair. The container may be of any color and shall be
conspicuously labeled with the international biohazard symbol and
the words 'Biomedical Waste' on the sides so as to be readily
visible from any lateral direction when the container is upright.
(8) Each time a reusable container for infectious waste is
emptied, the container shall be thoroughly washed and
decontaminated unless the surfaces of the container have been
protected from contamination by a disposable red liner, bag or
other device removed with the waste.
(9) Trash chutes shall not be used to transfer infectious waste
between locations where it is contained or stored.
(10) Generators that produce 50 pounds or less of infectious
waste in any calendar month shall be exempt from the specific
requirements of subsections (5), (7) and (8) of this section.
SECTION 258. ORS 459.395 is amended to read:
459.395. (1) Pathological wastes shall be treated by
incineration in an incinerator that provides complete combustion
of waste to carbonized or mineralized ash. The ash shall be
disposed of as provided in rules adopted by the Environmental
Quality Commission. However, if the Department of Environmental
Quality determines that incineration is not reasonably available
within a wasteshed, pathological wastes may be disposed of in the
same manner provided for cultures and stocks.
(2) Cultures and stocks shall be incinerated as described in
subsection (1) of this section or sterilized by other means
prescribed by Department of { - Human Services - } { + Public
Health + } rule. Sterilized waste may be disposed of in a
permitted land disposal site if it is not otherwise classified as
hazardous waste.
(3) Liquid or soluble semisolid biological wastes may be
discharged into a sewage treatment system that provides secondary
treatment of waste.
(4) Sharps and biological wastes may be incinerated as
described in subsection (1) of this section or sterilized by
other means prescribed by Department of { - Human Services - }
{ + Public Health + } rule. Sharps may be disposed of in a
permitted land disposal site only if the sharps are in containers
as required in ORS 459.390 (3) and are placed in a segregated
area of the landfill.
(5) Other methods of treatment and disposal may be approved by
rule of the Environmental Quality Commission.
SECTION 259. ORS 466.135 is amended to read:
466.135. Upon receipt of an application for a hazardous waste
disposal site permit, the Department of Environmental Quality
shall cause copies of the application to be sent to affected
state agencies, including the Department of { - Human
Services - } { + Public Health + }, the Public Utility
Commission, the State Fish and Wildlife Commission and the Water
Resources Director. Each agency shall respond by making a
recommendation as to whether the permit application should be
granted. If the Department of { - Human Services - }
{ + Public Health + } recommends against granting the permit,
the Environmental Quality Commission must refuse to issue the
permit. Recommendation from other agencies shall be considered as
evidence in determining whether to grant the permit.
SECTION 260. ORS 466.280 is amended to read:
466.280. Upon receipt of an application for a PCB disposal
facility permit, the Department of Environmental Quality shall
cause copies of the application to be sent to affected state
agencies, including the Department of { - Human Services - }
{ + Public Health + }, the Public Utility Commission, the State
Fish and Wildlife Commission and the Water Resources Director.
Each agency shall respond within the period specified by the
Department of Environmental Quality by making a written
recommendation as to whether the permit application should be
granted. Recommendation from other agencies shall be considered
in determining whether to grant the permit.
SECTION 261. ORS 466.605 is amended to read:
466.605. As used in ORS 466.605 to 466.680 and 466.990 (3) and
(4):
(1) 'Barrel' means 42 U.S. gallons at 60 degrees Fahrenheit.
(2) 'Cleanup' means the containment, collection, removal,
treatment or disposal of oil or hazardous material; site
restoration; and any investigations, monitoring, surveys, testing
and other information gathering required or conducted by the
Department of Environmental Quality.
(3) 'Cleanup costs' means all costs associated with the cleanup
of a spill or release incurred by the state, its political
subdivision or any person with written approval from the
department when implementing ORS 466.205, 466.605 to 466.680,
466.990 (3) and (4) and 466.995 (2) or 468B.320.
(4) 'Commission' means the Environmental Quality Commission.
(5) 'Department' means the Department of Environmental Quality.
(6) 'Director' means the Director of the Department of
Environmental Quality.
(7) 'Hazardous material' means one of the following:
(a) A material designated by the commission under ORS 466.630.
(b) Hazardous waste as defined in ORS 466.005.
(c) Radioactive waste as defined in ORS 469.300, radioactive
material identified by the Energy Facility Siting Council under
ORS 469.605 and radioactive substances as defined in ORS 453.005.
(d) Communicable disease agents as regulated by the Department
of { - Human Services - } { + Public Health + } under ORS
chapter 431 and ORS 433.010 to 433.045 and 433.106 to 433.990.
(e) Hazardous substances designated by the United States
Environmental Protection Agency under section 311 of the Federal
Water Pollution Control Act, P.L. 92-500, as amended.
(8) 'Oils' or 'oil' includes gasoline, crude oil, fuel oil,
diesel oil, lubricating oil, sludge, oil refuse and any other
petroleum related product.
(9) 'Person' means an individual, trust, firm, joint stock
company, corporation, partnership, association, municipal
corporation, political subdivision, interstate body, the state
and any agency or commission thereof and the federal government
and any agency thereof.
(10) 'Reportable quantity' means one of the following:
(a) A quantity designated by the commission under ORS 466.625.
(b) The lesser of:
(A) The quantity designated for hazardous substances by the
United States Environmental Protection Agency pursuant to section
311 of the Federal Water Pollution Control Act, P.L. 92-500, as
amended;
(B) The quantity designated for hazardous waste under ORS
466.005 to 466.385, 466.990 (1) and (2) and 466.992;
(C) Any quantity of radioactive material, radioactive substance
or radioactive waste;
(D) If spilled into waters of the state, or escape into waters
of the state is likely, any quantity of oil that would produce a
visible oily slick, oily solids, or coat aquatic life, habitat or
property with oil, but excluding normal discharges from properly
operating marine engines; or
(E) If spilled on land, any quantity of oil over one barrel.
(c) Ten pounds unless otherwise designated by the commission
under ORS 466.625.
(11) 'Respond' or 'response' means:
(a) Actions taken to monitor, assess and evaluate a spill or
release or threatened spill or release of oil or hazardous
material;
(b) First aid, rescue or medical services, and fire
suppression; or
(c) Containment or other actions appropriate to prevent,
minimize or mitigate damage to the public health, safety, welfare
or the environment which may result from a spill or release or
threatened spill or release if action is not taken.
(12) 'Spill or release' means the discharge, deposit,
injection, dumping, spilling, emitting, releasing, leaking or
placing of any oil or hazardous material into the air or into or
on any land or waters of the state, as defined in ORS 468B.005,
except as authorized by a permit issued under ORS chapter 454,
459, 459A, 468, 468A, 468B or 469, ORS 466.005 to 466.385,
466.990 (1) and (2) or 466.992 or federal law or while being
stored or used for its intended purpose.
(13) 'Threatened spill or release' means oil or hazardous
material is likely to escape or be carried into the air or into
or on any land or waters of the state.
SECTION 262. ORS 468A.707 is amended to read:
468A.707. (1) The Environmental Quality Commission by rule
shall:
(a) Establish an asbestos abatement program that assures the
proper and safe abatement of asbestos hazards through contractor
licensing and worker training.
(b) Establish the date after which a contractor must be
licensed under ORS 468A.720 and a worker must hold a certificate
under ORS 468A.730.
(c) Establish criteria and provisions for granting an extension
of time for contractor licensing and worker certification, which
may consider the number of workers and the availability of
accredited training courses.
(2) The program established under subsection (1) of this
section shall include at least:
(a) Criteria for contractor licensing and training;
(b) Criteria for worker certification and training;
(c) Standardized training courses; and
(d) A procedure for inspecting asbestos abatement projects.
(3) In establishing the training requirements under subsections
(1) and (2) of this section, the commission shall adopt different
training requirements that reflect the different levels of
responsibility of the contractor or worker, so that within the
category of contractor, sublevels shall be separately licensed or
exempted and within the category of worker, sublevels shall be
separately certified or exempted. The commission shall
specifically address as a separate class, those contractors and
workers who perform small scale, short duration renovating and
maintenance activity. As used in this subsection, 'small scale,
short duration renovating and maintenance activity' means a task
for which the removal of asbestos is not the primary objective of
the job, including but not limited to:
(a) Removal of asbestos-containing insulation on pipes;
(b) Removal of small quantities of asbestos-containing
insulation on beams or above ceilings;
(c) Replacement of an asbestos-containing gasket on a valve;
(d) Installation or removal of a small section of drywall; or
(e) Installation of electrical conduits through or proximate to
asbestos-containing materials.
(4) The Department of Environmental Quality, on behalf of the
commission, shall consult with the Department of Consumer and
Business Services and the Department of { - Human Services - }
{ + Public Health + } about proposed rules for the asbestos
abatement program to
{ - assure - } { + ensure + } that the rules are compatible
with all other state and federal statutes and regulations related
to asbestos abatement.
(5) The Department of Environmental Quality shall cooperate
with the Department of Consumer and Business Services and the
Department of { - Human Services - } { + Public Health + } to
promote proper and safe asbestos abatement work practices and
compliance with the provisions of ORS 279.025, 468.126, 468A.135
and 468A.700 to 468A.760.
SECTION 263. ORS 468B.150 is amended to read:
468B.150. As used in ORS 448.268, 448.271 and 468B.150 to
468B.190:
(1) 'Area of ground water concern' means an area of the state
subject to a declaration by the Department of Environmental
Quality under ORS 468B.175 or the Department of { - Human
Services - } { + Public Health + } under ORS 448.268.
(2) 'Contaminant' means any chemical, ion, radionuclide,
synthetic organic compound, microorganism, waste or other
substance that does not occur naturally in ground water or that
occurs naturally but at a lower concentration.
(3) 'Ground water management area' means an area in which
contaminants in the ground water have exceeded the levels
established under ORS 468B.165, and the affected area is subject
to a declaration under ORS 468B.180.
(4) 'Fertilizer' has the meaning given that term in ORS
633.311.
(5) 'Pesticide' has the meaning given that term in ORS 634.006.
SECTION 264. ORS 468.035 is amended to read:
468.035. (1) Subject to policy direction by the Environmental
Quality Commission, the Department of Environmental Quality:
(a) Shall encourage voluntary cooperation by the people,
municipalities, counties, industries, agriculture, and other
pursuits, in restoring and preserving the quality and purity of
the air and the waters of the state in accordance with rules and
standards established by the commission.
(b) May conduct and prepare, independently or in cooperation
with others, studies, investigations, research and programs
pertaining to the quality and purity of the air or the waters of
the state and to the treatment and disposal of wastes.
(c) Shall advise, consult, and cooperate with other agencies of
the state, political subdivisions, other states or the federal
government, in respect to any proceedings and all matters
pertaining to control of air or water pollution or for the
formation and submission to the legislature of interstate
pollution control compacts or agreements.
(d) May employ personnel, including specialists and
consultants, purchase materials and supplies, and enter into
contracts necessary to carry out the purposes set forth in ORS
448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to
454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.
(e) Shall conduct and supervise programs of air and water
pollution control education, including the preparation and
distribution of information regarding air and water pollution
sources and control.
(f) Shall provide advisory technical consultation and services
to units of local government and to state agencies.
(g) Shall develop and conduct demonstration programs in
cooperation with units of local government.
(h) Shall serve as the agency of the state for receipt of
moneys from the federal government or other public or private
agencies for the purposes of air and water pollution control,
studies or research and to expend moneys after appropriation
thereof for the purposes given.
(i) Shall make such determination of priority of air or water
pollution control projects as may be necessary under terms of
statutes enacted by the Congress of the United States.
(j) Shall seek enforcement of the air and water pollution laws
of the state.
(k) Shall institute or cause to be instituted in a court of
competent jurisdiction, proceedings to compel compliance with any
rule or standard adopted or any order or permit, or condition
thereof, issued pursuant to ORS 448.305, 454.010 to 454.040,
454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and
ORS chapters 468, 468A and 468B.
(L) Shall encourage the formulation and execution of plans in
conjunction with air and water pollution control agencies or with
associations of counties, cities, industries and other persons
who severally or jointly are or may be the source of air or water
pollution, for the prevention and abatement of pollution.
(m) May determine, by means of field studies and sampling, the
degree of air or water pollution in various regions of the state.
(n) May perform such other and further acts as may be
necessary, proper or desirable to carry out effectively the
duties, powers and responsibilities of the department as set
forth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255,
454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A
and 468B.
(o) Shall coordinate any activities of the department related
to a watershed enhancement project approved by the Oregon
Watershed Enhancement Board under ORS 541.375 with activities of
other cooperating state and federal agencies participating in the
project.
(2) Nothing in this section shall affect the authority of the
Department of { - Human Services - } { + Public Health + } to
make and enforce rules:
(a) Regarding the quality of water for human or animal
consumption pursuant to ORS 448.115 to 448.325, 624.010 to
624.120 and 624.310 to 624.430; and
(b) Regarding the quality of water for public swimming places
pursuant to ORS 431.110.
(3) Nothing in this section shall prevent the State Department
of Agriculture or the State Forestry Department from
independently receiving moneys from a public or private agency
for the purposes of preventing or controlling air or water
pollution resulting from agricultural or silvicultural activities
or soil erosion, or for research related to such purposes.
(4)(a) In awarding a public contract under ORS chapter 279 for
a removal or remedial action pursuant to ORS 465.200 to 465.510,
465.517 to 465.548 and 465.992, a corrective action or cleanup
action pursuant to ORS 466.005 to 466.385, 466.605 to 466.680 or
466.706 to 466.882 or a removal pursuant to ORS 468B.005 to
468B.030, 468B.035, 468B.048 to 468B.085, 468B.090, 468B.093,
468B.095 and 468B.300 to 468B.500, the department, and the Oregon
Department of Administrative Services, when administering the
establishment of such a contract on behalf of the Department of
Environmental Quality under ORS 279.712, shall subtract from the
amount of any bid or proposal the hazardous waste management fees
and solid waste fees that would be required by law to be paid to
the department for waste that would be disposed of at a solid
waste disposal site or a hazardous waste or PCB disposal
facility, based on the bid or proposal. The amount to be
subtracted shall be established on the basis of reasonable
preprocurement estimates of the amount of waste that would be
disposed of under the contract and that would be subject to those
fees.
(b) The subtraction for fees under paragraph (a) of this
subsection shall apply only to a contract reasonably anticipated
to involve the disposal of no less than 50 tons of hazardous
waste or no less than 500 tons of solid waste. The Legislative
Assembly finds that making accurate advance estimates of amounts
of waste that would be disposed of in projects of this character
is technically challenging and requires the application of
professional discretion. Therefore, no award of a contract under
this subsection shall be subject to challenge, under ORS 279.067
or otherwise, on the ground of the inaccuracy or claimed
inaccuracy of any such estimate.
(c) The subtraction for fees under paragraph (a) of this
subsection shall not apply to the establishment, by or on behalf
of the department, of master contracts by which the department
engages the services of a contractor over a period of time for
the purpose of issuing work orders for the performance of
environmental activities on a project or projects for which the
amounts of waste to be disposed of were not reasonably identified
at the inception of the master contracts. However, the department
shall require any contractor under a master contract to apply the
subtraction for fees under paragraph (a) of this subsection in
the selection of any subcontractor to perform the removal of
waste in amounts equaling or exceeding the amounts set forth in
paragraph (b) of this subsection. Nothing in this subsection
shall be construed to prohibit the department or the Oregon
Department of Administrative Services from establishing contracts
pursuant to this section through contracting procedures
authorized by ORS chapter 279 that do not require the
solicitation of bids or proposals.
SECTION 265. ORS 468.035, as amended by section 103, chapter
849, Oregon Laws 1999, is amended to read:
468.035. (1) Subject to policy direction by the Environmental
Quality Commission, the Department of Environmental Quality:
(a) Shall encourage voluntary cooperation by the people,
municipalities, counties, industries, agriculture, and other
pursuits, in restoring and preserving the quality and purity of
the air and the waters of the state in accordance with rules and
standards established by the commission.
(b) May conduct and prepare, independently or in cooperation
with others, studies, investigations, research and programs
pertaining to the quality and purity of the air or the waters of
the state and to the treatment and disposal of wastes.
(c) Shall advise, consult, and cooperate with other agencies of
the state, political subdivisions, other states or the federal
government, in respect to any proceedings and all matters
pertaining to control of air or water pollution or for the
formation and submission to the legislature of interstate
pollution control compacts or agreements.
(d) May employ personnel, including specialists, consultants
and hearing officers, purchase materials and supplies, and enter
into contracts necessary to carry out the purposes set forth in
ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to
454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.
(e) Shall conduct and supervise programs of air and water
pollution control education, including the preparation and
distribution of information regarding air and water pollution
sources and control.
(f) Shall provide advisory technical consultation and services
to units of local government and to state agencies.
(g) Shall develop and conduct demonstration programs in
cooperation with units of local government.
(h) Shall serve as the agency of the state for receipt of
moneys from the federal government or other public or private
agencies for the purposes of air and water pollution control,
studies or research and to expend moneys after appropriation
thereof for the purposes given.
(i) Shall make such determination of priority of air or water
pollution control projects as may be necessary under terms of
statutes enacted by the Congress of the United States.
(j) Shall seek enforcement of the air and water pollution laws
of the state.
(k) Shall institute or cause to be instituted in a court of
competent jurisdiction, proceedings to compel compliance with any
rule or standard adopted or any order or permit, or condition
thereof, issued pursuant to ORS 448.305, 454.010 to 454.040,
454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and
ORS chapters 468, 468A and 468B.
(L) Shall encourage the formulation and execution of plans in
conjunction with air and water pollution control agencies or with
associations of counties, cities, industries and other persons
who severally or jointly are or may be the source of air or water
pollution, for the prevention and abatement of pollution.
(m) May determine, by means of field studies and sampling, the
degree of air or water pollution in various regions of the state.
(n) May perform such other and further acts as may be
necessary, proper or desirable to carry out effectively the
duties, powers and responsibilities of the department as set
forth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255,
454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A
and 468B.
(o) Shall coordinate any activities of the department related
to a watershed enhancement project approved by the Oregon
Watershed Enhancement Board under ORS 541.375 with activities of
other cooperating state and federal agencies participating in the
project.
(2) Nothing in this section shall affect the authority of the
Department of { - Human Services - } { + Public Health + } to
make and enforce rules:
(a) Regarding the quality of water for human or animal
consumption pursuant to ORS 448.115 to 448.325, 624.010 to
624.120 and 624.310 to 624.430; and
(b) Regarding the quality of water for public swimming places
pursuant to ORS 431.110.
(3) Nothing in this section shall prevent the State Department
of Agriculture or the State Forestry Department from
independently receiving moneys from a public or private agency
for the purposes of preventing or controlling air or water
pollution resulting from agricultural or silvicultural activities
or soil erosion, or for research related to such purposes.
(4)(a) In awarding a public contract under ORS chapter 279 for
a removal or remedial action pursuant to ORS 465.200 to 465.510,
465.517 to 465.548 and 465.992, a corrective action or cleanup
action pursuant to ORS 466.005 to 466.385, 466.605 to 466.680 or
466.706 to 466.882 or a removal pursuant to ORS 468B.005 to
468B.030, 468B.035, 468B.048 to 468B.085, 468B.090, 468B.093,
468B.095 and 468B.300 to 468B.500, the department, and the Oregon
Department of Administrative Services, when administering the
establishment of such a contract on behalf of the Department of
Environmental Quality under ORS 279.712, shall subtract from the
amount of any bid or proposal the hazardous waste management fees
and solid waste fees that would be required by law to be paid to
the department for waste that would be disposed of at a solid
waste disposal site or a hazardous waste or PCB disposal
facility, based on the bid or proposal. The amount to be
subtracted shall be established on the basis of reasonable
preprocurement estimates of the amount of waste that would be
disposed of under the contract and that would be subject to those
fees.
(b) The subtraction for fees under paragraph (a) of this
subsection shall apply only to a contract reasonably anticipated
to involve the disposal of no less than 50 tons of hazardous
waste or no less than 500 tons of solid waste. The Legislative
Assembly finds that making accurate advance estimates of amounts
of waste that would be disposed of in projects of this character
is technically challenging and requires the application of
professional discretion. Therefore, no award of a contract under
this subsection shall be subject to challenge, under ORS 279.067
or otherwise, on the ground of the inaccuracy or claimed
inaccuracy of any such estimate.
(c) The subtraction for fees under paragraph (a) of this
subsection shall not apply to the establishment, by or on behalf
of the department, of master contracts by which the department
engages the services of a contractor over a period of time for
the purpose of issuing work orders for the performance of
environmental activities on a project or projects for which the
amounts of waste to be disposed of were not reasonably identified
at the inception of the master contracts. However, the department
shall require any contractor under a master contract to apply the
subtraction for fees under paragraph (a) of this subsection in
the selection of any subcontractor to perform the removal of
waste in amounts equaling or exceeding the amounts set forth in
paragraph (b) of this subsection. Nothing in this subsection
shall be construed to prohibit the department or the Oregon
Department of Administrative Services from establishing contracts
pursuant to this section through contracting procedures
authorized by ORS chapter 279 that do not require the
solicitation of bids or proposals.
SECTION 266. ORS 468.035, as amended by section 17, chapter
495, Oregon Laws 2001, is amended to read:
468.035. (1) Subject to policy direction by the Environmental
Quality Commission, the Department of Environmental Quality:
(a) Shall encourage voluntary cooperation by the people,
municipalities, counties, industries, agriculture, and other
pursuits, in restoring and preserving the quality and purity of
the air and the waters of the state in accordance with rules and
standards established by the commission.
(b) May conduct and prepare, independently or in cooperation
with others, studies, investigations, research and programs
pertaining to the quality and purity of the air or the waters of
the state and to the treatment and disposal of wastes.
(c) Shall advise, consult, and cooperate with other agencies of
the state, political subdivisions, other states or the federal
government, in respect to any proceedings and all matters
pertaining to control of air or water pollution or for the
formation and submission to the legislature of interstate
pollution control compacts or agreements.
(d) May employ personnel, including specialists and
consultants, purchase materials and supplies, and enter into
contracts necessary to carry out the purposes set forth in ORS
448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to
454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.
(e) Shall conduct and supervise programs of air and water
pollution control education, including the preparation and
distribution of information regarding air and water pollution
sources and control.
(f) Shall provide advisory technical consultation and services
to units of local government and to state agencies.
(g) Shall develop and conduct demonstration programs in
cooperation with units of local government.
(h) Shall serve as the agency of the state for receipt of
moneys from the federal government or other public or private
agencies for the purposes of air and water pollution control,
studies or research and to expend moneys after appropriation
thereof for the purposes given.
(i) Shall make such determination of priority of air or water
pollution control projects as may be necessary under terms of
statutes enacted by the Congress of the United States.
(j) Shall seek enforcement of the air and water pollution laws
of the state.
(k) Shall institute or cause to be instituted in a court of
competent jurisdiction, proceedings to compel compliance with any
rule or standard adopted or any order or permit, or condition
thereof, issued pursuant to ORS 448.305, 454.010 to 454.040,
454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and
ORS chapters 468, 468A and 468B.
(L) Shall encourage the formulation and execution of plans in
conjunction with air and water pollution control agencies or with
associations of counties, cities, industries and other persons
who severally or jointly are or may be the source of air or water
pollution, for the prevention and abatement of pollution.
(m) May determine, by means of field studies and sampling, the
degree of air or water pollution in various regions of the state.
(n) May perform such other and further acts as may be
necessary, proper or desirable to carry out effectively the
duties, powers and responsibilities of the department as set
forth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255,
454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A
and 468B.
(o) Shall coordinate any activities of the department related
to a watershed enhancement project approved by the Oregon
Watershed Enhancement Board under ORS 541.375 with activities of
other cooperating state and federal agencies participating in the
project.
(2) Nothing in this section shall affect the authority of the
Department of { - Human Services - } { + Public Health + } to
make and enforce rules:
(a) Regarding the quality of water for human or animal
consumption pursuant to ORS 448.115 to 448.325, 624.010 to
624.120 and 624.310 to 624.430; and
(b) Regarding the quality of water for public swimming places
pursuant to ORS 431.110.
(3) Nothing in this section shall prevent the State Department
of Agriculture or the State Forestry Department from
independently receiving moneys from a public or private agency
for the purposes of preventing or controlling air or water
pollution resulting from agricultural or silvicultural activities
or soil erosion, or for research related to such purposes.
(4)(a) In awarding a public contract under ORS chapter 279 for
a removal or remedial action pursuant to ORS 465.200 to 465.510,
a corrective action or cleanup action pursuant to ORS 466.005 to
466.385, 466.605 to 466.680 or 466.706 to 466.882 or a removal
pursuant to ORS 468B.005 to 468B.030, 468B.035, 468B.048 to
468B.085, 468B.090, 468B.093, 468B.095 and 468B.300 to 468B.500,
the department, and the Oregon Department of Administrative
Services, when administering the establishment of such a contract
on behalf of the Department of Environmental Quality under ORS
279.712, shall subtract from the amount of any bid or proposal
the hazardous waste management fees and solid waste fees that
would be required by law to be paid to the department for waste
that would be disposed of at a solid waste disposal site or a
hazardous waste or PCB disposal facility, based on the bid or
proposal. The amount to be subtracted shall be established on the
basis of reasonable preprocurement estimates of the amount of
waste that would be disposed of under the contract and that would
be subject to those fees.
(b) The subtraction for fees under paragraph (a) of this
subsection shall apply only to a contract reasonably anticipated
to involve the disposal of no less than 50 tons of hazardous
waste or no less than 500 tons of solid waste. The Legislative
Assembly finds that making accurate advance estimates of amounts
of waste that would be disposed of in projects of this character
is technically challenging and requires the application of
professional discretion. Therefore, no award of a contract under
this subsection shall be subject to challenge, under ORS 279.067
or otherwise, on the ground of the inaccuracy or claimed
inaccuracy of any such estimate.
(c) The subtraction for fees under paragraph (a) of this
subsection shall not apply to the establishment, by or on behalf
of the department, of master contracts by which the department
engages the services of a contractor over a period of time for
the purpose of issuing work orders for the performance of
environmental activities on a project or projects for which the
amounts of waste to be disposed of were not reasonably identified
at the inception of the master contracts. However, the department
shall require any contractor under a master contract to apply the
subtraction for fees under paragraph (a) of this subsection in
the selection of any subcontractor to perform the removal of
waste in amounts equaling or exceeding the amounts set forth in
paragraph (b) of this subsection. Nothing in this subsection
shall be construed to prohibit the department or the Oregon
Department of Administrative Services from establishing contracts
pursuant to this section through contracting procedures
authorized by ORS chapter 279 that do not require the
solicitation of bids or proposals.
SECTION 267. ORS 468.035, as amended by section 103, chapter
849, Oregon Laws 1999, and section 18, chapter 495, Oregon Laws
2001, is amended to read:
468.035. (1) Subject to policy direction by the Environmental
Quality Commission, the Department of Environmental Quality:
(a) Shall encourage voluntary cooperation by the people,
municipalities, counties, industries, agriculture, and other
pursuits, in restoring and preserving the quality and purity of
the air and the waters of the state in accordance with rules and
standards established by the commission.
(b) May conduct and prepare, independently or in cooperation
with others, studies, investigations, research and programs
pertaining to the quality and purity of the air or the waters of
the state and to the treatment and disposal of wastes.
(c) Shall advise, consult, and cooperate with other agencies of
the state, political subdivisions, other states or the federal
government, in respect to any proceedings and all matters
pertaining to control of air or water pollution or for the
formation and submission to the legislature of interstate
pollution control compacts or agreements.
(d) May employ personnel, including specialists, consultants
and hearing officers, purchase materials and supplies, and enter
into contracts necessary to carry out the purposes set forth in
ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to
454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.
(e) Shall conduct and supervise programs of air and water
pollution control education, including the preparation and
distribution of information regarding air and water pollution
sources and control.
(f) Shall provide advisory technical consultation and services
to units of local government and to state agencies.
(g) Shall develop and conduct demonstration programs in
cooperation with units of local government.
(h) Shall serve as the agency of the state for receipt of
moneys from the federal government or other public or private
agencies for the purposes of air and water pollution control,
studies or research and to expend moneys after appropriation
thereof for the purposes given.
(i) Shall make such determination of priority of air or water
pollution control projects as may be necessary under terms of
statutes enacted by the Congress of the United States.
(j) Shall seek enforcement of the air and water pollution laws
of the state.
(k) Shall institute or cause to be instituted in a court of
competent jurisdiction, proceedings to compel compliance with any
rule or standard adopted or any order or permit, or condition
thereof, issued pursuant to ORS 448.305, 454.010 to 454.040,
454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and
ORS chapters 468, 468A and 468B.
(L) Shall encourage the formulation and execution of plans in
conjunction with air and water pollution control agencies or with
associations of counties, cities, industries and other persons
who severally or jointly are or may be the source of air or water
pollution, for the prevention and abatement of pollution.
(m) May determine, by means of field studies and sampling, the
degree of air or water pollution in various regions of the state.
(n) May perform such other and further acts as may be
necessary, proper or desirable to carry out effectively the
duties, powers and responsibilities of the department as set
forth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255,
454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A
and 468B.
(o) Shall coordinate any activities of the department related
to a watershed enhancement project approved by the Oregon
Watershed Enhancement Board under ORS 541.375 with activities of
other cooperating state and federal agencies participating in the
project.
(2) Nothing in this section shall affect the authority of the
Department of { - Human Services - } { + Public Health + } to
make and enforce rules:
(a) Regarding the quality of water for human or animal
consumption pursuant to ORS 448.115 to 448.325, 624.010 to
624.120 and 624.310 to 624.430; and
(b) Regarding the quality of water for public swimming places
pursuant to ORS 431.110.
(3) Nothing in this section shall prevent the State Department
of Agriculture or the State Forestry Department from
independently receiving moneys from a public or private agency
for the purposes of preventing or controlling air or water
pollution resulting from agricultural or silvicultural activities
or soil erosion, or for research related to such purposes.
(4)(a) In awarding a public contract under ORS chapter 279 for
a removal or remedial action pursuant to ORS 465.200 to 465.510,
a corrective action or cleanup action pursuant to ORS 466.005 to
466.385, 466.605 to 466.680 or 466.706 to 466.882 or a removal
pursuant to ORS 468B.005 to 468B.030, 468B.035, 468B.048 to
468B.085, 468B.090, 468B.093, 468B.095 and 468B.300 to 468B.500,
the department, and the Oregon Department of Administrative
Services, when administering the establishment of such a contract
on behalf of the Department of Environmental Quality under ORS
279.712, shall subtract from the amount of any bid or proposal
the hazardous waste management fees and solid waste fees that
would be required by law to be paid to the department for waste
that would be disposed of at a solid waste disposal site or a
hazardous waste or PCB disposal facility, based on the bid or
proposal. The amount to be subtracted shall be established on the
basis of reasonable preprocurement estimates of the amount of
waste that would be disposed of under the contract and that would
be subject to those fees.
(b) The subtraction for fees under paragraph (a) of this
subsection shall apply only to a contract reasonably anticipated
to involve the disposal of no less than 50 tons of hazardous
waste or no less than 500 tons of solid waste. The Legislative
Assembly finds that making accurate advance estimates of amounts
of waste that would be disposed of in projects of this character
is technically challenging and requires the application of
professional discretion. Therefore, no award of a contract under
this subsection shall be subject to challenge, under ORS 279.067
or otherwise, on the ground of the inaccuracy or claimed
inaccuracy of any such estimate.
(c) The subtraction for fees under paragraph (a) of this
subsection shall not apply to the establishment, by or on behalf
of the department, of master contracts by which the department
engages the services of a contractor over a period of time for
the purpose of issuing work orders for the performance of
environmental activities on a project or projects for which the
amounts of waste to be disposed of were not reasonably identified
at the inception of the master contracts. However, the department
shall require any contractor under a master contract to apply the
subtraction for fees under paragraph (a) of this subsection in
the selection of any subcontractor to perform the removal of
waste in amounts equaling or exceeding the amounts set forth in
paragraph (b) of this subsection. Nothing in this subsection
shall be construed to prohibit the department or the Oregon
Department of Administrative Services from establishing contracts
pursuant to this section through contracting procedures
authorized by ORS chapter 279 that do not require the
solicitation of bids or proposals.
SECTION 268. ORS 468.055 is amended to read:
468.055. In addition to the authority granted under ORS 190.003
to 190.130, when authorized by the Environmental Quality
Commission and the Department of { - Human Services - }
{ + Public Health + }, the Director of the Department of
Environmental Quality and the Director of { - Human
Services - } { + Public Health + } may contract on behalf of
their respective agencies for the purposes of carrying out the
functions of either agency, defining areas of responsibility,
furnishing services or employees by one to the other and
generally providing cooperative action in the interests of public
health and the quality of the environment in Oregon. Each
contracting agency is directed to maintain liaison with the other
and to cooperate with the other in all matters of joint concern
or interest.
SECTION 269. ORS 468.060 is amended to read:
468.060. On its own motion after public hearing, the
Environmental Quality Commission may grant specific authorization
to the Department of { - Human Services - } { + Public
Health + } or to any county, district or city board of health to
enforce any rule of the commission relating to air or water
pollution or solid wastes.
SECTION 270. ORS 471.190 is amended to read:
471.190. (1) The holder of a temporary sales license may sell
at retail by the drink wine, malt beverages, cider and distilled
liquor. Distilled liquor served by the holder of a temporary
sales license must be purchased from a retail sales agent of the
Oregon Liquor Control Commission. The holder of a temporary sales
license must provide food service as required by commission rule.
(2) A temporary sales license may be issued only to:
(a) Nonprofit or charitable organizations that are registered
with the state.
(b) A political committee that has filed a statement of
organization under ORS 260.039 or 260.042.
(c) State agencies.
(d) Local governments, and agencies and departments of local
governments.
(e) Persons not otherwise described in this subsection if,
under the rules of the commission applicable to the presence of
minor patrons on licensed premises, minor patrons would be
allowed to be anywhere on the licensed premises during the time
that the event is occurring.
(3) The holder of a temporary sales license may sell or raffle
wine, malt beverages or cider in factory-sealed containers for
consumption off the licensed premises.
(4) The commission may by rule establish additional eligibility
requirements for temporary sales licenses.
(5) Subject to such qualifications as the commission may
establish by rule, persons who hold a full or limited on-premises
sales license are eligible for temporary sales licenses.
(6) A person holding a temporary sales license is not required
to obtain a temporary restaurant license or mobile unit license
under ORS chapter 624 if only wine, malt beverages and cider in
single-service containers are served and only nonperishable food
items that are exempted from licensure by the Department of
{ - Human Services - } { + Public Health + } are served.
(7) Employees and volunteers serving alcoholic beverages for a
nonprofit or charitable organization licensed under this section
are not required to have server permits nor to complete an
alcohol server education program and examination under ORS
471.542. The commission by rule may establish education
requirements for servers described in this subsection.
SECTION 271. ORS 471.333 is amended to read:
471.333. (1) Except as provided in subsections (2) and (3) of
this section, the Oregon Liquor Control Commission shall not
refuse to issue, cancel or suspend a license under ORS 471.313,
471.315 or 471.425 for maintaining an insanitary establishment.
(2) The commission may refuse to issue, cancel or suspend a
license under ORS 471.313, 471.315 or 471.425 for maintaining an
insanitary establishment in violation of a city ordinance
relating to sanitation only if the licensee is convicted of
violating the ordinance.
(3) The commission may refuse to issue, cancel or suspend a
license under ORS 471.313, 471.315 or 471.425 for maintaining an
insanitary establishment in violation of ORS 447.010 to 447.156
{ - and 447.992 - } or the laws, orders or rules relating to
public health of the Department of { - Human Services - }
{ + Public Health + } or the State Department of Agriculture
only when the agency charged with enforcing those laws, orders or
rules finds that the licensee is in violation of them and renders
a final order adverse to the licensee.
SECTION 272. ORS 471.732 is amended to read:
471.732. (1) The Legislative Assembly finds and declares that
the regulation of health and sanitation matters in premises
licensed by the Oregon Liquor Control Commission under this
chapter can best be performed by the Department of { - Human
Services - } { + Public Health + } and the State Department of
Agriculture.
(2) It is the policy of the Legislative Assembly and the intent
of ORS 471.333 and 624.010 and this section that premises
licensed by the Oregon Liquor Control Commission under this
chapter shall be subject to the laws governing health and
sanitation matters, including any applicable licensing
requirements, and to the rules adopted thereunder by the
Department of { - Human Services - } { + Public Health + }
and the State Department of Agriculture.
SECTION 273. ORS 478.260 is amended to read:
478.260. (1) The district board shall select a fire chief
qualified by actual experience as a firefighter and fire
precautionist, or otherwise, and assistants, volunteer or
otherwise, and fix their compensation. The fire chief shall be
responsible for the equipment and properties of the district.
Under the direction of the board, the fire chief shall be
responsible for the conduct of the department.
(2) The board, with advice and counsel of the fire chief, shall
select the location of the fire house or houses or headquarters
of the fire department of the district. Such sites shall be
chosen with a view to the best service to the residents and
properties of the whole district and may be acquired by purchase
or exercise of the powers of eminent domain in the manner
provided by ORS chapter 35. The board may purchase apparatus and
equipment as needed by the district, and provide a water system,
ponds or reservoirs for the storage of water for fire-fighting
purposes. Or the board may contract with water companies or
districts, or both, for water service and facilities at a rate of
compensation mutually agreed upon. The board also may divide the
district into zones or subdivisions and provide an adequate
system or code of fire alarms or signals by telephone, bell,
whistle, siren or other means of communication.
(3) A district may operate or acquire and operate, or contract
for the operation of, emergency medical service equipment and
vehicles both within and without the boundaries of the district.
A district may conduct ambulance operations only in conformance
with a county plan adopted under ORS 682.205 for ambulance
services and ambulance service areas and with rules of the
Department of { - Human Services - } { + Public Health + }
relating to such services and service areas. Service authorized
under a county plan includes authorization for a district to
provide ambulance services by intergovernmental agreement with
any other unit of local government designated by the plan to
provide ambulance services.
(4) As used in this section, 'ambulance services' has the
meaning given that term in ORS 682.325.
SECTION 274. ORS 527.710 is amended to read:
527.710. (1) In carrying out the purposes of ORS 527.610 to
527.770, 527.990 (1) and 527.992, the State Board of Forestry
shall adopt, in accordance with applicable provisions of ORS
183.310 to 183.550, rules to be administered by the State
Forester establishing standards for forest practices in each
region or subregion.
(2) The rules shall ensure the continuous growing and
harvesting of forest tree species. Consistent with ORS 527.630,
the rules shall provide for the overall maintenance of the
following resources:
(a) Air quality;
(b) Water resources, including but not limited to sources of
domestic drinking water;
(c) Soil productivity; and
(d) Fish and wildlife.
(3)(a) In addition to its rulemaking responsibilities under
subsection (2) of this section, the board shall collect and
analyze the best available information and establish inventories
of the following resource sites needing protection:
(A) Threatened and endangered fish and wildlife species
identified on lists that are adopted, by rule, by the State Fish
and Wildlife Commission or are federally listed under the
Endangered Species Act of 1973 as amended;
(B) Sensitive bird nesting, roosting and watering sites;
(C) Biological sites that are ecologically and scientifically
significant; and
(D) Significant wetlands.
(b) The board shall determine whether forest practices would
conflict with resource sites in the inventories required by
paragraph (a) of this subsection. If the board determines that
one or more forest practices would conflict with resource sites
in the inventory, the board shall consider the consequences of
the conflicting uses and determine appropriate levels of
protection.
(c) Based upon the analysis required by paragraph (b) of this
subsection, and consistent with the policies of ORS 527.630, the
board shall adopt rules appropriate to protect resource sites in
the inventories required by paragraph (a) of this subsection.
(4) Before adopting rules under subsection (1) of this section,
the board shall consult with other agencies of this state or any
of its political subdivisions that have functions with respect to
the purposes specified in ORS 527.630 or programs affected by
forest operations. Agencies and programs subject to consultation
under this subsection include, but are not limited to:
(a) Air and water pollution programs administered by the
Department of Environmental Quality under ORS chapters 468A and
468B and ORS 477.013 and 477.515 to 477.532;
(b) Mining operation programs administered by the Department of
Geology and Mineral Industries under ORS 516.010 to 516.130 and
ORS chapter 517;
(c) Game fish and wildlife, commercial fishing, licensing,
wildlife and bird refuge and fish habitat improvement tax
incentive programs administered by the State Department of Fish
and Wildlife under ORS 272.060, 315.134 and ORS chapters 496,
498, 501, 506 and 509;
(d) Park land, Willamette River Greenway, scenic waterway and
recreation trail programs administered by the State Parks and
Recreation Department under ORS 358.480 to 358.545, 390.310 to
390.368, 390.805 to 390.925, 390.950 to 390.989 and 390.121;
(e) The programs administered by the Columbia River Gorge
Commission under Public Law 99-663 and ORS 196.110 and 196.150;
(f) Removal and fill, natural heritage conservation and natural
heritage conservation tax incentive programs administered by the
State Land Board and the Division of State Lands under ORS
196.800 to 196.900, 273.553 to 273.591 and 541.700 to 541.990;
(g) Federal Safe Drinking Water Act programs administered by
the Department of { - Human Services - } { + Public
Health + } under ORS 448.273 to 448.990;
(h) Natural heritage conservation programs administered by the
Natural Heritage Advisory Council under ORS 273.553 to 273.591;
(i) Open space land tax incentive programs administered by
cities and counties under ORS 308A.300 to 308A.330;
(j) Water resources programs administered by the Water
Resources Department under ORS 536.220 to 536.540; and
(k) Pesticide control programs administered by the State
Department of Agriculture under ORS chapter 634.
(5) In carrying out the provisions of subsection (4) of this
section, the board shall consider and accommodate the rules and
programs of other agencies to the extent deemed by the board to
be appropriate and consistent with the purposes of ORS 527.630.
(6) The board shall adopt rules to meet the purposes of another
agency's regulatory program where it is the intent of the board
to administer the other agency's program on forestland and where
the other agency concurs by rule. An operation performed in
compliance with the board's rules shall be deemed to comply with
the other agency's program.
(7)(a) The board may enter into cooperative agreements or
contracts necessary in carrying out the purposes specified in ORS
527.630, including but not limited to stewardship agreements as
described in ORS 527.662.
(b) The State Forestry Department shall enter into agreements
with appropriate state agencies for joint monitoring of the
effectiveness of forest practice rules in protecting forest
resources and water quality.
(8) If based upon the analysis required in section 15 (2)(f),
chapter 919, Oregon Laws 1991, and as the results become
available, the board determines that additional rules are
necessary to protect forest resources pursuant to ORS 527.630,
the board shall adopt forest practice rules that reduce to the
degree practicable the adverse impacts of cumulative effects of
forest practices on air and water quality, soil productivity,
fish and wildlife resources and watersheds. Such rules shall
include a process for determining areas where adverse impacts
from cumulative effects have occurred or are likely to occur, and
may require that a written plan be submitted for harvests in such
areas.
(9)(a) The State Forester, in cooperation with the State
Department of Fish and Wildlife, shall identify streams for which
restoration of habitat would be environmentally beneficial. The
State Forester shall select as a priority those streams where
restoration efforts will provide the greatest benefits to fish
and wildlife, and to streambank and streambed stability.
(b) For those streams identified in paragraph (a) of this
subsection, the State Forester shall encourage landowners to
enter into cooperative agreements with appropriate state agencies
for conduct of restoration activities.
(c) The board, in consultation with appropriate state agencies,
shall study and identify methods for restoring or enhancing fish
and wildlife populations through restoration and rehabilitation
of sites beneficial to fish and wildlife.
(d) The board shall adopt rules to implement the findings of
this subsection.
(10) The board shall adopt rules that provide the State
Forester with authority to condition the approval of plans
required under ORS 527.670 (2) and (3) when the State Forester
makes a determination that there is evidence of a potential
threat to resources protected under this section by controlling
method, timing and extent of harvest when the forester determines
such limitations are necessary to achieve the objectives of ORS
527.630.
(11) In addition to its responsibilities under subsections (1)
to (3) of this section, the board shall adopt rules to reduce the
risk of serious bodily injury or death caused by a rapidly moving
landslide directly related to forest practices. The rules shall
consider the exposure of the public to these safety risks and
shall include appropriate practices designed to reduce the
occurrence, timing or effects of rapidly moving landslides. As
used in this subsection, 'rapidly moving landslide' has the
meaning given that term in ORS 195.250.
SECTION 275. ORS 537.532 is amended to read:
537.532. (1) Notwithstanding any other provision of law, the
injection into aquifers of water that complies with drinking
water standards established by the Department of { - Human
Services - } { + Public Health + } under ORS 448.273 under an
aquifer storage and recovery limited license or permit:
(a) Shall not be considered a waste, contaminant or pollutant;
(b) Shall be exempt from the requirement to obtain a discharge
permit under ORS 468B.050 or 468B.053 or a concentration limit
variance from the Department of Environmental Quality;
(c) Shall comply with all other applicable local, state or
federal laws; and
(d) May be located within or outside an urban growth boundary
in conformance with land use laws.
(2) In order to continue to protect the high quality of
Oregon's aquifers for present and future uses, the Legislative
Assembly recognizes the need to minimize concentrations of
constituents in the injection source water that are not naturally
present in the aquifer. Each aquifer storage and recovery limited
license or permit shall include conditions to minimize, to the
extent technically feasible, practical and cost-effective, the
concentration of constituents in the injection source water that
are not naturally present in the aquifer. In no case may an
aquifer storage and recovery limited license or permit establish
concentration limits for water to be injected in excess of the
standards established by the Department of { - Human
Services - } { + Public Health + } under ORS 448.273 or the
maximum measurable levels established by the Environmental
Quality Commission under ORS 468B.165, whichever are more
stringent.
(3) Except as otherwise provided, if the injection source water
contains constituents regulated under ORS 448.273 or 468B.165
that are detected at greater than 50 percent of the established
levels, the aquifer storage and recovery limited license or
permit may require the permittee to employ, or continue the
employment of, technically feasible, practical and cost-effective
methods to minimize concentrations of such constituents in the
injection source water. Constituents that have a secondary
maximum contaminant level or constituents that are associated
with disinfection of the water may be injected into the aquifer
up to the standards established under ORS 448.273.
(4) The Water Resources Department may, based upon valid
scientific data, further limit certain constituents in the
injection source water if the department finds the constituents
will interfere with or pose a threat to the maintenance of the
water resources of the state for present or future beneficial
uses.
SECTION 276. ORS 537.534 is amended to read:
537.534. (1) In accordance with this section, the Water
Resources Commission shall establish rules for the permitting and
administration of aquifer storage and recovery projects. The
rules shall establish the Water Resources Department as the sole
permitting agency for the projects, but the Department of
Environmental Quality and the Department of { - Human
Services - } { + Public Health + } may comment on permits for a
project and recommend conditions to be included on the permit.
When necessary, the applicant also shall obtain land use and
development approval from a local government.
(2) Notwithstanding the provisions of ORS 537.130, the Water
Resources Commission shall establish by rule a procedure to allow
a person to obtain a limited license to store and use water
injected into an underground aquifer for aquifer storage and
recovery testing purposes for a short term or fixed duration
after the person complies with the notice provision set forth in
ORS 537.144. The rules shall provide a 30-day public comment
period before issuance of a limited license. The { + Water
Resources + } Department may attach conditions to the limited
license regarding monitoring, sampling and rates of recovery up
to 100 percent of the injection quantity. Aquifer storage and
recovery under a limited license may be conditioned by the
department to protect existing ground water rights that rely upon
the receiving aquifer and the injection source water. The
department may revoke or modify the limited license to use the
stored water acquired under a limited license if that use causes
injury to any other water right or to a minimum perennial
streamflow. The Water Resources Director may issue a limited
license for aquifer storage and recovery purposes for a term of
not more than five years. The license may be renewed if the
applicant demonstrates further testing is necessary.
(3) To obtain a limited license for aquifer storage and
recovery, the applicant shall provide to the { + Water
Resources + } Department:
(a) Well construction information;
(b) Test results of the quality of the injection source water;
(c) Test results of the quality of the receiving aquifer water;
(d) The proposed injected water storage time, recovery rates
and recovery schedule;
(e) Preliminary hydrogeologic information including a
description of the aquifer, estimated flow direction and rate of
movement, allocation of surface water, springs or wells within
the area affected by aquifer storage and recovery wells;
(f) The fee established by rule by the commission pursuant to
ORS 536.050 (1)(L); and
(g) Any other information required by rule of the commission.
(4) Only after completion of a test program under a limited
license issued under subsection (3) of this section may the
applicant apply for a permanent aquifer storage and recovery
permit. Each application for an aquifer storage and recovery
permit shall be accompanied by the fee set forth in ORS 536.050
(1)(b)(A). The Water Resources Department shall be the sole
permitting agency for the project and may place conditions on the
permit consistent with rules adopted by the commission, but the
Department of Environmental Quality and the Department of
{ - Human Services - } { + Public Health + } may review,
comment on and recommend conditions to be included on the permit.
When necessary, the applicant shall obtain land use and
development approval from a local government. Where existing
water rights for the injection source water have been issued, the
Water Resources Department shall receive comments from interested
parties or agencies, but the public interest review standards
shall apply only to the matters raised by the aquifer storage and
recovery permit application in the same manner as any new water
right application, not to the underlying water rights. If new
water rights for injection source water and aquifer storage and
recovery are necessary, then the public interest review standards
shall apply to the new permit application in the same manner as
any new water right application. The Water Resources Director may
refer policy matters to the commission for decision.
(5) The commission shall adopt rules consistent with this
section to implement an aquifer storage and recovery program. The
rules shall include:
(a) Requirements for reporting and monitoring the aquifer
storage and recovery project aquifer impacts and for constituents
reasonably expected to be found in the injection source water.
(b) Provisions that allow any person operating an aquifer
storage and recovery project under a permit, upon approval by the
{ + Water Resources + } Department, to recover up to 100
percent of the water stored in the aquifer storage facility if
valid scientific data gathered during operations under the
limited license or permit demonstrate that the injected source
water is not lost through migration or other means and that
ground water otherwise present in the aquifer has not been
irretrievably lost as a result of aquifer storage or retrieval.
The department may place such other conditions on withdrawal of
stored water necessary to protect the public health and
environment, including conditions allowing reconsideration of the
permit to comply with ORS 537.532.
(c) The procedure for allowing the Department of Environmental
Quality and the Department of { - Human Services - }
{ + Public Health + } to comment on and recommend permit
conditions.
(6) The use of water under a permit as injection source water
for an aquifer storage and recovery project up to the limits
allowed in subsection (5)(b) of this section shall not affect the
priority date of the water right permit or otherwise affect the
right evidenced by the permit.
(7) The holder of a permit for aquifer storage and recovery
shall apply for a transfer or change of use if the use of
recovered water is different from that which is allowed in the
source water permit or certificate.
SECTION 277. ORS 541.845 is amended to read:
541.845. (1) In accordance with the applicable provisions of
ORS 183.310 to 183.550, the Water Resources Commission may adopt
rules necessary to carry out ORS 541.700 to 541.855.
(2) In adopting rules establishing guidelines or criteria for
awarding loans or grants for drinking water projects, the
commission shall coordinate the Water Resources Department's
rulemaking process with the Economic and Community Development
Department and the Department of { - Human Services - }
{ + Public Health + } in order to assure that rules adopted
under this subsection are consistent with rules adopted under ORS
285B.467 and 431.120. The rules adopted under this subsection
shall:
(a) Require the installation of meters on all new service
connections to any municipal drinking water distribution lines
funded under ORS 285B.461, 285B.467, 285B.560 to 285B.599,
431.120, 541.700, 541.705, 541.755, 541.765, 541.830 and 541.845;
and
(b) Require a plan, to be adopted by the municipality, for
installation of meters on all service connections throughout the
drinking water system.
(3) As used in this section, 'service connection' does not
include fire hydrants, fire sprinkler system connections, line
blow-offs and drains, standby emergency interties, valve
controlled drinking fountains and other similar intermittently
used connections.
SECTION 278. ORS 545.101 is amended to read:
545.101. (1) When a subdivision is platted after September 13,
1975, under ORS 92.010 to 92.190, if the subdivision has three or
more tracts on each acre of land within the subdivision, the
subdivision shall be excluded and taken from the district
pursuant to ORS 545.097 to 545.126 at the time that the plat is
approved by the appropriate governing body.
(2) The exclusion provided in subsection (1) of this section
shall not apply to a district which:
(a) Also supplies domestic water approved by the Department of
{ - Human Services - } { + Public Health + } to the
subdivision; or
(b) Agrees to supply water to the subdivision. A district may
require as a condition of any agreement that:
(A) The subdivider install underground pipe from the district's
designated point of delivery to each lot or parcel in the
subdivision as shown on the plat approved by the appropriate
governing body;
(B) The subdivider install a meter or other adequate measuring
device at the delivery point to the subdivision and for each lot
or parcel;
(C) The subdivider provide adequate easements for the delivery
system and make provision for the maintenance and repair of the
delivery system; and
(D) The subdivider provide any other measures that the district
considers necessary for the proper and efficient delivery of
water to the subdivision and for the efficient administration of
such delivery.
(3) Nothing in subsection (2)(b) of this section requires a
district to agree to deliver water to a subdivision.
SECTION 279. ORS 624.010 is amended to read:
624.010. As used in ORS 624.010 to 624.120, unless the context
requires otherwise:
(1) 'Bed and breakfast facility' means any establishment
located in a structure designed for a single family residence and
structures appurtenant thereto, regardless of whether the owner
or operator of the establishment resides in any of the
structures, that:
(a) Has more than two rooms for rent on a daily basis to the
public; and
(b) Offers a breakfast meal as part of the cost of the room.
(2) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(3) 'Director' means the Director of { - Human Services - }
{ + Public Health + }.
(4) 'Limited service restaurant' means a restaurant serving
only individually portioned prepackaged foods prepared from an
approved source by a commercial processor and nonperishable
beverages.
(5) 'Restaurant' includes any establishment where food or drink
is prepared for consumption by the public or any establishment
where the public obtains food or drink so prepared in form or
quantity consumable then and there, whether or not it is consumed
within the confines of the premises where prepared, and also
includes establishments that prepare food or drink in consumable
form for service outside the premises where prepared, but does
not include railroad dining cars, bed and breakfast facilities or
temporary restaurants as defined in subsection (6) of this
section.
(6) 'Temporary restaurant' means any establishment operating
temporarily in connection with any fair, carnival, circus or
similar public gathering or entertainment, food product promotion
or any other event where food is prepared or served for
consumption by the public. 'Temporary restaurant' does not
include:
(a) An establishment where food is prepared and served by a
fraternal, social or religious organization only to its own
members and guests.
(b) An approved school lunchroom where food is prepared and
served for school and community activities, where the preparation
and service are under the direction of the school lunchroom
supervisor.
(c) A food product promotion where only samples of a food or
foods are offered to demonstrate the characteristics of the food
product. For the purposes of this paragraph, a sample shall not
include a meal, an individual hot dish or a whole sandwich.
(d) A private residence, or part thereof, including the
grounds, areas and facilities held out for the use of the
occupants generally, for which a temporary sales license is
issued under ORS 471.190 for a period not exceeding one day.
SECTION 280. ORS 624.020 is amended to read:
624.020. (1) A person may not operate a restaurant or bed and
breakfast facility without a license to do so from the Department
of { - Human Services - } { + Public Health + }.
(2) Application for the license shall be in writing in the form
prescribed by the department and shall contain the name and
address of the applicant and any other information that the
department may require. A license expires annually on December
31.
(3) To reinstate a license after the December 31 expiration,
the applicant must pay a reinstatement fee of $100 in addition to
the license fee required under subsection (4) of this section. If
the applicant reinstates the license after January 31, the
reinstatement fee shall increase by $100 on the first day of each
succeeding month until the license is reinstated.
(4) An applicant for issuance or reinstatement of a license
shall pay a fee to the department { - of Human Services - } as
follows:
(a) $150 for a bed and breakfast facility;
(b) $200 for a limited service restaurant; and
(c) For a restaurant in accordance with seating capacity, as
follows:
(A) $350 for 0-15 seats;
(B) $395 for 16-50 seats;
(C) $450 for 51-150 seats; and
(D) $500 for more than 150 seats.
(5) The department may exempt or reduce the license fee for
restaurants operated by benevolent organizations, as defined by
ORS 624.015, that provide food or beverage primarily to children,
the elderly, the indigent or other needy populations if the
persons are not required to pay the full cost of the food or
beverage. Exemptions or reductions in fees by the department are
not binding upon a delegate county that has a current fee
ordinance.
(6) The Director of { - Human Services - } { + Public
Health + } may suspend, deny or revoke any license for violation
of any of the applicable provisions of ORS 624.010 to 624.120 or
any rule adopted under ORS 624.010 to 624.120.
(7) Procedures for denial, revocation or suspension of a
license are as provided in ORS 183.310 to 183.550.
(8) The licensee shall post evidence of the license in public
view at the customary entrance of the restaurant or bed and
breakfast facility. A person other than the director may not
deface or remove evidence of a license.
(9) A license is not transferable. The department may not issue
a refund representing any unused portion of a license.
SECTION 281. ORS 624.023 is amended to read:
624.023. The Department of { - Human Services - }
{ + Public Health + } shall allow restaurants with an occupancy
capacity of no more than 15 persons, including employees and
patrons, to have only one toilet fixture and adjacent lavatory on
the premises. This single toilet fixture shall comply with all
department standards for construction, maintenance, cleanliness,
accessibility and others, not in conflict with the state building
code, that the department might provide.
SECTION 282. ORS 624.025 is amended to read:
624.025. (1) No person shall operate a temporary restaurant
without first procuring a license to do so from the Department of
{ - Human Services - } { + Public Health + }. The temporary
restaurant license shall be posted in a conspicuous place on the
premises of the licensee.
(2) Application for a temporary restaurant license shall be in
writing in the form prescribed by the department and shall
contain the name and address of the applicant, the specific
location of the temporary restaurant and any other information
the department may require.
(3) All licenses issued under this section shall terminate 30
days after issuance unless within the 30 days the temporary
restaurant is discontinued or is moved from the specific location
for which the license was issued. If within 30 days after
issuance the temporary restaurant is discontinued or moved from
the specific location for which the license was issued, the
license shall terminate upon the discontinuance or the removal.
(4) Except as provided in ORS 624.028 or 624.510, every
applicant for a temporary restaurant license or renewal thereof
shall pay to the department a license fee of $35 for an event
lasting one day and $50 for an event lasting two or more days.
(5) The Director of { - Human Services - } { + Public
Health + } may suspend, deny or revoke any license issued under
this section or under ORS 624.028 if it appears, after a
reasonable time has been given for correction of a sanitation
violation, that the applicant does not meet applicable minimum
sanitation standards as outlined in ORS 624.010 to 624.120 or any
rule adopted thereunder. Any suspension, denial or revocation
action shall be taken in accordance with ORS 183.310 to 183.550.
(6) Notwithstanding any other provision of this section:
(a) Each temporary restaurant operating on an intermittent
basis, in a grouping of six or more, at the same specific
location two or more times within a 30-day period shall be issued
one license for each 30-day period.
(b) The total annual amount of license fees for temporary
restaurants described in paragraph (a) of this subsection shall
not exceed the annual license fee for a restaurant that is
situated in the county in which the temporary restaurant is
situated.
SECTION 283. ORS 624.027 is amended to read:
624.027. When the Department of { - Human Services - }
{ + Public Health + } determines that public health hazards are
nonexistent, the department may, by rule, exempt certain types of
confection operations from the license requirements of ORS
624.010 to 624.120.
SECTION 284. ORS 624.028 is amended to read:
624.028. (1)(a) Notwithstanding ORS 624.025 (3) and (4), the
Department of { - Human Services - } { + Public Health + }
shall issue a license to a benevolent organization to operate a
temporary restaurant pursuant to this section if the benevolent
organization has notified the department, orally or in writing,
of its intention to operate a temporary restaurant. The
department shall provide at least one place in each county at
which such notification may be made.
(b) Not more than 13 temporary restaurant licenses per year may
be issued pursuant to this section to each benevolent
organization.
(c) No license fee or inspection fee shall be charged for a
temporary restaurant licensed pursuant to this section.
(2) The department shall issue a temporary benevolent
restaurant license to each provider of restaurant service at a
special event arranged by a benevolent organization. The license
shall be provided without fee to each restaurant service provider
who files with the benevolent organization a signed statement
that the service provider receives no profit from restaurant
services performed at the special event. The statement shall be
subject to inspection by the department at the time inspections
are made pursuant to ORS 624.067. For the purpose of licenses
issued pursuant to this subsection, a particular benevolent
organization may arrange only one special event per calendar
year.
(3) All licenses issued pursuant to this section shall
terminate three days after issuance unless within the three days
the temporary restaurant is discontinued or is moved from the
specific location for which the license was issued. If within
three days after issuance the temporary restaurant is
discontinued or moved from the specific location for which the
license was issued, the license shall terminate upon the
discontinuance or the removal.
SECTION 285. ORS 624.032 is amended to read:
624.032. The Department of { - Human Services - }
{ + Public Health + } shall allow a bed and breakfast facility
to conduct food service operations for its patrons in rooms used
by the owner or operator, provided that:
(1) Such rooms are not used as sleeping quarters; and
(2) Persons not employed by the facility shall be excluded from
such rooms during breakfast meal hours.
SECTION 286. ORS 624.035 is amended to read:
624.035. The Director of { - Human Services - } { + Public
Health + } may declare that an extraordinary situation exists and
may apply alternative food service criteria in an establishment
operated to prepare or serve food or beverages to indigent or
needy persons by a benevolent organization, as defined by ORS
624.015, without charge or solicitation from those served.
SECTION 287. ORS 624.045 is amended to read:
624.045. The Department of { - Human Services - }
{ + Public Health + } shall appoint a State Food Service
Advisory Committee. The committee shall consist of volunteer
representatives from a cross section of the food service
industry, the general public, appropriate local and state groups,
county sanitarians and other appropriate state agencies,
including the State Department of Agriculture. In addition to
such other duties as may be prescribed by the Department of
{ - Human Services - } { + Public Health + }, the committee,
not later than January 1 of each year in which a biennial session
of the Legislative Assembly convenes, shall:
(1) Submit to the department and the Legislative Assembly
recommendations regarding the implementation of ORS 624.020,
624.060, 624.085 and 624.510.
(2) Coordinate with any county food service advisory committee
established under ORS 624.550 the implementation of any
recommendations or evaluations required under ORS 624.550.
SECTION 288. ORS 624.060 is amended to read:
624.060. (1) At least once every six months the Director of
{ - Human Services - } { + Public Health + } shall inspect
every restaurant located within the jurisdiction of the director.
At least once a year the director shall inspect every bed and
breakfast facility located within the jurisdiction of the
director. The person operating the restaurant or bed and
breakfast facility shall, upon the request of the director,
permit access to all parts of the establishment.
(2) A copy of each inspection report shall be given to the
restaurant or bed and breakfast facility operator or person in
charge of the restaurant or bed and breakfast facility, and
another copy shall be filed with the records of the Department of
{ - Human Services - } { + Public Health + }.
(3) During each inspection, the director shall { - insure - }
{ + ensure + } that restaurants or bed and breakfast
establishments that hold valid liquor licenses have properly
posted the appropriate sign required by ORS 471.551.
(4) After each inspection, notice regarding compliance with ORS
624.010 to 624.120 by the restaurant or bed and breakfast
facility shall be posted at the customary entrance of the
restaurant or bed and breakfast facility in public view and shall
not be removed by any person except the director.
(5) If the director discovers the violation of any provision of
ORS 624.010 to 624.120, the director shall make a second
inspection after the lapse of such time as the director deems
necessary for the defect to be remedied. When a violation noted
on an inspection has been remedied, that violation shall not
cumulate with violations noted on a second inspection.
SECTION 289. ORS 624.065 is amended to read:
624.065. (1) At least once during the operation of a temporary
restaurant, the Director of { - Human Services - } { + Public
Health + } shall inspect the facilities and operation. The person
operating the temporary restaurant shall, upon request of the
director, permit access to all parts of the establishment.
(2) One copy of the inspection report shall be posted by the
director somewhere on the establishment premises; and the report
shall not be defaced or removed by any person except the director
until the temporary restaurant license is terminated. Another
copy of the inspection report shall be filed with the records of
the Department of { - Human Services - } { + Public
Health + }.
SECTION 290. ORS 624.067 is amended to read:
624.067. (1) At any time during the operation of a temporary
restaurant licensed pursuant to ORS 624.028, the Director of
{ - Human Services - } { + Public Health + } may inspect the
facilities and operation.
(2) The benevolent organization operating the temporary
restaurant shall, upon request of the director, permit access to
all parts of the establishment.
SECTION 291. ORS 624.070 is amended to read:
624.070. Samples of food, drink and other substances may be
taken and examined by the Director of { - Human Services - }
{ + Public Health + } as often as may be necessary for the
detection of unwholesomeness or adulteration. The director may
condemn and forbid the sale of, or cause to be removed or
destroyed, any food or drink which is unwholesome or adulterated.
SECTION 292. ORS 624.075 is amended to read:
624.075. When the violation of any provision of ORS 624.010 to
624.120 or any rule promulgated thereunder comes to the attention
of the Director of { - Human Services - } { + Public
Health + } and if the violation is of such a nature as to
constitute a serious hazard to the health of the public,
immediate closure of the temporary restaurant may be secured upon
notification of the operator in writing. The inspection report
carrying a statement ordering closure and signed by the director
delivered to the operator may serve as the written notice of the
closure. A copy of this notice shall be filed with the records of
the Department of
{ - Human Services - } { + Public Health + }. The closure
order shall have the effect of an immediate revocation of the
operator's license. The director shall, if requested, provide a
prompt hearing after closure in accordance with ORS 183.310 to
183.550.
SECTION 293. ORS 624.080 is amended to read:
624.080. (1) The Department of { - Human Services - }
{ + Public Health + } may, by rule, define certain communicable
diseases which may be spread to the public by employees of a
restaurant, bed and breakfast facility or temporary restaurant.
(2) No person who is affected with a communicable disease
described in subsection (1) of this section or is a carrier of
such disease shall work in any restaurant, bed and breakfast
facility or temporary restaurant. No restaurant, bed and
breakfast facility or temporary restaurant shall employ any such
person or any person suspected of being affected with any
communicable disease or of being a carrier of such disease. If
the restaurant, bed and breakfast facility or temporary
restaurant manager suspects that any employee has contracted any
disease in a communicable form or has become a carrier of such
disease the manager shall notify the Director of { - Human
Services - } { + Public Health + } immediately. A placard
containing this subsection shall be posted in all toilet rooms.
(3) When suspicion arises as to the possibility of transmission
of infection from any restaurant, bed and breakfast facility or
temporary restaurant employee, the director may require any or
all of the following measures:
(a) The immediate exclusion of the employee from all
restaurants, bed and breakfast facilities and temporary
restaurants; and
(b) Adequate medical examinations of the employee and
associates of the employee, with such laboratory examinations as
may be indicated.
SECTION 294. ORS 624.085 is amended to read:
624.085. (1) If the Director of { - Human Services - }
{ + Public Health + } determines that a critical violation of
ORS 624.010 to 624.120, or any rule promulgated pursuant thereto,
exists in a restaurant or bed and breakfast facility and the
critical violation constitutes a potential danger to the public
health, the director may revoke, suspend or refuse to issue the
license required by ORS 624.020 if, after a reasonable time has
been given for correction of the violation, but not longer than
14 days, the violation continues to exist. The director shall
reinstate a license that has been revoked or suspended if the
director determines that the violation has been corrected.
(2) Notwithstanding ORS 624.020 (6), if the director determines
that a critical violation of ORS 624.010 to 624.120, or any rule
promulgated pursuant thereto, exists in a restaurant or bed and
breakfast facility and the critical violation constitutes an
imminent or present danger to the public health, the director may
order immediate correction, use of an approved alternative
procedure or closure of the restaurant or bed and breakfast
facility by written notice thereof to the operator. The
inspection report carrying a statement ordering closure and
specifying the reasons therefor signed by the director and
delivered to the operator may serve as the written notice of the
closure. The director shall use inspection forms that clearly
display notice that procedures are available to the licensee
under ORS 183.310 to 183.550 for appeal of the closure order. A
copy of the notice shall be filed with the records of the
Department of { - Human Services - } { + Public Health + }.
The closure order shall have the effect of an immediate
revocation of the operator's license. If requested, the director
shall provide a prompt hearing after the closure in accordance
with ORS 183.310 to 183.550.
(3) If the director determines that closure of the restaurant
or bed and breakfast facility is necessary because failure to
correct a critical violation or implement an approved alternative
procedure constitutes a potential danger to the public health, or
failure to correct a critical violation or implement an approved
alternative procedure constitutes an imminent or present danger
to the public health, the director shall:
(a) Notify the owner or person in charge of the restaurant or
bed and breakfast facility that such restaurant or bed and
breakfast facility shall not be used for food service purposes
until the critical violations specified in the inspection report
have been corrected; and
(b) Post a notice of closure upon the restaurant or bed and
breakfast facility at the customary entrance to the restaurant or
bed and breakfast facility in public view to the effect that the
restaurant or bed and breakfast facility is closed for operation
because a critical violation exists.
(4)(a) No person shall remove a notice of closure from a
restaurant or bed and breakfast facility until the violation
which caused the notice to be posted has been corrected.
(b) No person shall operate a restaurant or bed and breakfast
facility upon which a notice of closure has been posted until the
violation which caused the notice to be posted has been corrected
and the notice has been removed.
(5) The director shall define clearly the criteria and rules
for conformance to acceptable food service practices used to
determine the restaurant or bed and breakfast facility sanitation
score to { - insure - } { + ensure + } statewide uniformity
in the inspection and licensing processes. Critical violations
which constitute a potential danger to the public health and
critical violations which constitute an imminent or present
danger to the public health shall be clearly defined. Minimum
acceptable food service standard procedures shall be clearly
defined by setting a minimum acceptable sanitation score for a
licensed restaurant or bed and breakfast facility.
(6) If a restaurant or bed and breakfast facility obtains a
sanitation score of less than the minimum acceptable standard,
the restaurant or bed and breakfast facility operator or person
in charge of the restaurant or bed and breakfast facility shall
be notified of impending closure if, after reinspection within 30
days, the sanitation score does not meet minimum acceptable food
service standards. If closure action is taken after reinspection,
the restaurant or bed and breakfast facility may not be operated
until the restaurant or bed and breakfast facility operator
submits a plan for correction of the violations that receives the
approval of the director and a subsequent inspection of the
restaurant or bed and breakfast facility produces a sanitation
score that meets minimum acceptable food service standards.
(7) The department may establish a more frequent inspection
schedule for a restaurant licensed under ORS 624.020 that fails
to meet specific minimum standards established by the department.
The department may charge a fee for costs associated with the
performance of additional inspections.
(8) As used in this section, 'imminent' means impending or
likely to develop without delay.
SECTION 295. ORS 624.100 is amended to read:
624.100. The Department of { - Human Services - }
{ + Public Health + } shall make all rules necessary for the
enforcement of ORS 624.010 to 624.120, including such rules
concerning the construction and operation of restaurants, bed and
breakfast facilities and temporary restaurants as are reasonably
necessary to protect the public health of persons using these
facilities. Particularly, these latter rules shall provide for,
but shall not be restricted to the following:
(1) A water supply adequate in quantity and safe for human
consumption.
(2) Disposal of sewage, refuse and other wastes in a manner
that will not create a nuisance or a health hazard.
(3) The cleanliness and accessibility of toilets and
handwashing facilities.
(4) The cleanliness of the premises.
(5) The refrigeration of perishable foods.
(6) The storage of food for protection against dust, dirt and
contamination.
(7) Equipment of proper construction and cleanliness of such
equipment.
(8) The control of insects and rodents.
(9) The cleanliness and grooming of food workers.
(10) Exclusion of unauthorized persons from food preparation
and storage areas.
(11) Review of proposed plans for the construction or
remodeling of facilities subject to licensing under this chapter.
SECTION 296. ORS 624.110 is amended to read:
624.110. The Department of { - Human Services - }
{ + Public Health + } shall make such rating surveys as are
necessary to obtain uniform enforcement of ORS 624.010 to 624.120
throughout the state, and shall prepare and disseminate
information pertaining to educational programs for the purpose of
encouraging compliance with ORS 624.010 to 624.120 on the part of
owners, managers and employees of eating and drinking
establishments.
SECTION 297. ORS 624.310 is amended to read:
624.310. As used in ORS 624.310 to 624.430 unless the context
requires otherwise:
(1) 'Approved' means approved by the administrator.
(2) 'Commissary' means commissary catering establishment,
restaurant or any other place in which food, beverage,
ingredients, containers or supplies are kept, handled, prepared
or stored, and from which vending machines or mobile units are
serviced.
(3) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(4) 'Director' means the Director of { - Human Services - }
{ + Public Health + }.
(5) 'Employee' means any operator or any person employed by an
operator who handles any food, beverage, or ingredient to be
dispensed through vending machines or mobile units, or who comes
into contact with product contact surfaces of the container,
equipment, utensils or packaging materials, used in connection
with vending machines or mobile unit operations, or who otherwise
services or maintains one or more such machines or units.
(6) 'Food' means any raw, cooked or processed edible substance,
beverage or ingredient used or intended for use in whole, or in
part, for human consumption.
(7) 'Machine location' means the room, enclosure, space or area
where one or more vending machines are installed and are in
operation.
(8) 'Mobile unit' means any vehicle on which food is prepared,
processed or converted or which is used in selling and dispensing
food to the ultimate consumer.
(9) 'Operator' means any person, who by contract, agreement or
ownership is responsible for operating a commissary or warehouse
or furnishing, installing, servicing, operating or maintaining
one or more vending machines or mobile units.
(10) 'Person' means any individual, partnership, corporation,
company, firm, institution, association or any other public or
private entity.
(11) 'Product contact surface' means any surface of the vending
machine or mobile unit, appurtenance or container which comes
into direct contact with any food, beverage or ingredient.
(12) 'Readily perishable food' means any food, beverage or
ingredient consisting in whole or in part of milk, milk products,
eggs, meat, fish, poultry, or any other food capable of
supporting rapid and progressive growth of microorganisms which
can cause food infections or food intoxications. However,
'readily perishable food' does not include products in
hermetically sealed containers processed by heat to prevent
spoilage or dehydrated, dry or powdered products which are so low
in moisture content as to preclude development of microorganisms.
(13) 'Single-service article' means any utensil, container,
implement or wrapper intended for use only once in the
preparation, storage, display, service or consumption of food or
beverage.
(14) 'Utensil' means any kitchenware, tableware, glassware,
cutlery, container, cleaning brush or other equipment that comes
into contact with food or product contact surfaces during
cleaning of vending machines, mobile units or commissary
equipment, or during storage, preparation, serving, dispensing or
consumption of food.
(15) 'Vending machine' means any self-service device offered
for public use which, upon insertion of a coin, coins, currency
or token, or by other means, dispenses unit servings of food or
beverage, either in bulk or package, without the necessity of
replenishing the device between each vending operation.
(16) 'Warehouse' means any place where food, utensils,
single-service articles, cleaning or servicing supplies for
vending machines, mobile units or commissaries are stored.
SECTION 298. ORS 624.320 is amended to read:
624.320. (1) A person may not operate a vending machine,
warehouse, commissary or mobile unit without first procuring a
license to do so from the Department of { - Human Services - }
{ + Public Health + }. The operator shall post the license in a
conspicuous place in the warehouse or commissary. The operator
shall affix a card, emblem or other device clearly showing the
name and address of the licensee and the serial number of the
license to each vending machine or mobile unit as the case may
be.
(2) Application for the license shall be in writing in the form
prescribed by the department and shall contain the following
information:
(a) Name and address of the applicant.
(b) Location of all warehouses or commissaries.
(c) Locations where supplies are kept.
(d) Locations where vending machines or mobile units are
stored, repaired or renovated.
(e) Identity and form of food to be dispensed through vending
machines.
(f) Number of each type of vending machine on location.
(3) The operator must keep the specific locations of the
vending machines and specific itineraries of the mobile units on
file at the operator's business office and readily available to
the department. The operator shall furnish the department with
written details of the conversion of any vending machine to
dispense products other than those for which the license was
issued.
SECTION 299. ORS 624.330 is amended to read:
624.330. (1) Vending machines dispensing only ball chewing gum,
nutmeats and the following prepackaged foods: Candy, chewing gum,
nutmeats, potato chips, pretzels, popcorn, cookies, crackers and
bottled or canned soft drink beverages shall be exempt from the
provisions of ORS 624.320 and 624.430.
(2) The Department of { - Human Services - } { + Public
Health + } may, by rule, exempt certain other types of vending
machines from the license requirements of ORS 624.310 to 624.430
when it appears that there is no danger to the life and health of
the people of this state.
(3) The provisions of ORS 624.310 to 624.430 do not include
commissaries, mobile units or vending machines which are
presently licensed and inspected by the State Department of
Agriculture or United States Public Health Service.
SECTION 300. ORS 624.340 is amended to read:
624.340. The Director of { - Human Services - } { + Public
Health + } may deny, suspend or revoke a license in accordance
with ORS 183.310 to 183.550 in any case where the director finds
that there has been a substantial failure to comply with the
provisions of ORS 624.310 to 624.430 or the rules promulgated
under ORS 624.310 to 624.430.
SECTION 301. ORS 624.370 is amended to read:
624.370. (1) At least once every six months, the Director of
{ - Human Services - } { + Public Health + } shall inspect
every commissary and warehouse, and a representative number of
each operator's mobile units and vending machines. The director
shall be granted access at reasonable times to all parts of the
commissary and shall have access, either in the company of an
employee or otherwise, to the interior of all vending machines or
mobile units of the operator at such times as the director
considers necessary to { - insure - } { + ensure + }
compliance with the provisions of ORS 624.310 to 624.430.
(2) Samples of food, drink and other substances may be taken
and examined by the director as often as may be necessary for the
detection of unwholesomeness or adulteration. The director may
condemn and prohibit the sale of or cause to be removed or
destroyed, any food or drink which contains any toxic,
contaminated, filthy, putrid, decomposed or diseased substance or
if it is otherwise unfit for human consumption.
(3) One copy of the inspection report shall be posted by the
director upon an inside wall of the commissary or placed in the
mobile unit. The inspection report shall not be defaced or
removed by any person except the director. A copy of the
inspection report on vending machines shall be sent to the
operator. Another copy of each inspection report shall be filed
with the records of the Department of { - Human Services - }
{ + Public Health + }.
(4) If the director discovers the violation of any provision of
ORS 624.310 to 624.430 or any rule promulgated thereunder, the
director shall make a second inspection after the lapse of such
time as the director considers necessary for the defect to be
remedied.
(5) If a violation is of a nature so as to constitute a danger
to the health of the people of this state, the director may order
immediate closure of the commissary, mobile unit, or vending
machine and shall, within 24 hours of the time of inspection,
mail to or serve personally on the licensee a copy of the
inspection report signed by the director showing thereon the
particular facility closed and the reason. The director shall, if
requested, hold a hearing in accordance with ORS 183.310 to
183.550.
SECTION 302. ORS 624.380 is amended to read:
624.380. (1) No person affected with a communicable disease
described in ORS 624.080 (1) or is a carrier of such disease
shall work in any commissary, mobile unit or in the servicing of
vending machines nor shall any operator employ any such person or
any person suspected of being affected with any communicable
disease or of being a carrier of such disease. If the operator
suspects that any employee has an infectious disease in a
communicable form or may be a carrier of such a disease the
operator shall notify the Director of { - Human Services - }
{ + Public Health + } immediately. A placard containing this
section shall be posted in all toilet rooms.
(2) When, in the opinion of the director, there is a
possibility of transmission of infection from any person or
employee, the director may require the immediate exclusion of
such person or employee from all commissaries, mobile units and
vending machines and may require a medical examination of the
person or employee and associates of the person or employee
including such laboratory examinations as may be indicated.
SECTION 303. ORS 624.390 is amended to read:
624.390. The Department of { - Human Services - }
{ + Public Health + } shall make reasonable rules for carrying
out the provisions of ORS 624.310 to 624.430, including but not
limited to the following:
(1) Construction and operation of commissaries, mobile units
and vending machines.
(2) Water supply adequate in quantity and safe for human
consumption.
(3) Disposal of sewage, refuse and other wastes in a manner
that will not create a nuisance or health hazard.
(4) Cleanliness of premises and facilities.
(5) Refrigeration of perishable foods and the wholesomeness of
all food and beverage ingredients.
(6) Protection of food, utensils, wrapping and serving
materials against dust, dirt and contamination.
(7) Equipment of proper construction and the maintenance of
such equipment.
(8) Approved plumbing.
(9) Sanitary facilities for employees in commissaries.
(10) Control and exclusion of insects and rodents.
(11) Labeling of foods or beverages.
(12) Exclusion of vending machines dispensing chemicals,
sanitizers, detergents, economic poisons and such other compounds
of similar nature from immediate areas where food and beverage
vending machines are located.
(13) Approval of plans for commissaries, mobile units and
vending machines.
SECTION 304. ORS 624.400 is amended to read:
624.400. The Department of { - Human Services - }
{ + Public Health + } shall make such surveys as are necessary
to obtain uniform enforcement of ORS 624.310 to 624.430
throughout the state and shall prepare and disseminate
information and shall cooperate with and assist local health
departments in educational programs for the purpose of
encouraging compliance with ORS 624.310 to 624.430 on the part of
operators and employees of vending machines and mobile units.
SECTION 305. ORS 624.410 is amended to read:
624.410. (1) Foods from commissaries or other sources outside
the jurisdiction of the Department of { - Human Services - }
{ + Public Health + } may be sold in the local jurisdiction if
such commissaries or other sources of supply conform to the
provisions of ORS 624.310 to 624.430 and the rules promulgated
under ORS 624.310 to 624.430 or to substantially equivalent
provisions.
(2) The department shall investigate and survey the system of
regulations in effect for commissaries or sources of supply
outside the state. Upon determination that the regulations in
effect are of a quality substantially equal to the rules of ORS
624.310 to 624.430, the department may permit such commissaries
or sources of supply to be used in the state.
SECTION 306. ORS 624.430 is amended to read:
624.430. (1) Every applicant for a license to operate a
commissary, vending machine, warehouse or mobile unit shall pay
to the Department of { - Human Services - } { + Public
Health + } an annual fee in the following amounts:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Annual fee
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(a) Each commissary $ 250
(b) Each warehouse $ 100
(c) Each mobile unit $ 125
(d) Vending machines as follows:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Number of
machines Annual fee
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1 - 10 $ 25
11 - 20 $ 50
21 - 30 $ 75
31 - 40 $ 100
41 - 50 $ 125
51 - 75 $ 150
76 -100 $ 200
101 -250 $ 350
251 -500 $ 550
501 -750 $ 750
7511,000 $ 920
1,001,500 $ 1,200
1,501 { -
- - }
{ -
2,000 - }
or m1,500
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(2) All licenses issued under ORS 624.320 expire annually on a
date set by department rule. A license is not transferable. The
department may not issue a refund representing any unused portion
of a license. The department may not refund fees submitted with
applications that have been denied.
(3) To reinstate a license after the expiration date, the
operator must pay a reinstatement fee of $100 in addition to the
license fee required under subsection (1) of this section. If the
operator reinstates the license more than 30 days after the
expiration date, the reinstatement fee shall increase by $100 on
the 31st day following the expiration date and on that day of the
month in each succeeding month until the license is reinstated.
SECTION 307. ORS 624.510 is amended to read:
624.510. (1) The Director of { - Human Services - }
{ + Public Health + } shall delegate to any county board of
commissioners which requests any of the authority,
responsibilities and functions of the director { - of Human
Services - } under ORS 624.010 to 624.120, 624.310 to 624.430,
624.650 and 624.992 if the director determines that the county is
able to carry out the rules of the Department of
{ - Human Services - } { + Public Health + } relating to fee
collection, licensing, inspections, enforcement, civil penalties
and issuance and revocation of permits and certificates in
compliance with standards for enforcement by the counties and
monitoring by the department. Such standards shall be established
by the department in consultation with the appropriate county
officials and in accordance with ORS 431.345. The department
shall review and monitor each county's performance under this
subsection. The review shall include criteria to determine if
provisions of ORS 624.085 are uniformly applied to all licensees
within the county. In accordance with ORS 183.310 to 183.550,
the director may suspend or rescind a delegation under this
subsection. If it is determined that a county is not carrying out
such rules or the delegation is suspended, the unexpended portion
of the fees collected under subsection (2) of this section shall
be available to the department for carrying out the authority,
responsibility and functions under this section.
(2) Except as provided in subsections (4) and (5) of this
section, the county may determine the amount of, and retain, any
fee for any function undertaken pursuant to subsection (1) of
this section or use the fee schedules pursuant to ORS 624.020,
624.025 and 624.430.
(3) The department, after consultation with the Oregon
Coalition of Local Health Officials and the Oregon Restaurant
Association, shall by rule adopt a formula for calculating
allowable costs for licenses issued under ORS 624.010 to 624.120.
The formula shall include, but not be limited to, expenses
related to administration, program costs, salaries, travel
expenses and department consultation fees. The formula shall be
one of the standards for delegation of health enforcement
authority under subsection (1) of this section to counties that
establish fees above the amounts set forth in ORS 624.020 (4).
(4) Any county that proposes to increase its fees above the
amounts set forth in ORS 624.020 (4) must document that revenues
generated by the proposed fee are not in excess of the formula
adopted under subsection (3) of this section and are necessary to
recover allowable costs pursuant to the formula.
(5) The department, after consultation with the Oregon
Coalition of Local Health Officials, shall by rule assess a
remittance from each county to which health enforcement authority
has been delegated under subsection (1) of this section. The
remittance shall supplement existing funds for consultation
services and development and maintenance of the statewide food
service program. The department shall consult with the Oregon
Coalition of Local Health Officials and the Oregon Restaurant
Association in developing the statewide food service program.
(6) In any action, suit or proceeding arising out of county
administration of functions pursuant to subsection (1) of this
section and involving the validity of a rule promulgated by the
department, the department shall be made a party to the action,
suit or proceeding.
SECTION 308. ORS 624.530 is amended to read:
624.530. (1) Notwithstanding any provision of ORS 624.010 to
624.120 or 624.310 to 624.430 or statutes administered by the
State Department of Agriculture, the Director of { - Human
Services - } { + Public Health + } and the Director of { - the
department - } { + Agriculture + } jointly shall adopt rules
and enter into interagency agreements necessary to
{ - insure - } { + ensure + } that only one of the agencies
inspects and licenses any facility that is subject to regulation
by both agencies.
(2) The rules and agreements entered into pursuant to
subsection (1) of this section shall be written so as to
encourage delegation of jurisdiction over facilities to local
governments pursuant to ORS 624.510.
SECTION 309. ORS 624.550 is amended to read:
624.550. Each county board of commissioners to which health
enforcement authority has been delegated pursuant to ORS 624.510
shall appoint a food service advisory committee consisting of at
least three volunteer representatives from a cross section of the
food service industry and the general public. In addition to such
other duties as may be prescribed by the county commissioners,
each such advisory committee, not later than January 1 of each
odd-numbered year, shall:
(1) Make recommendations to the county commissioners regarding
the implementation of this section, ORS 624.020, 624.060, 624.085
and 624.510; and
(2) Review and provide to the Department of { - Human
Services - } { + Public Health + } an evaluation of the
effectiveness of this section, ORS 624.020, 624.060, 624.085 and
624.510.
SECTION 310. ORS 624.570 is amended to read:
624.570. (1)(a) Except as provided in subsection (7) of this
section, any person involved in the preparation or service of
food in a restaurant or food service facility licensed under ORS
624.020 or 624.320 must successfully complete a food handler
training program and earn a certificate of program completion
within 30 days after the date of hire. The person shall
thereafter maintain a valid completion certificate at all times
during the employment.
(b) A food handler training program offered by a county or the
Department of { - Human Services - } { + Public Health + },
or offered by a private training entity and approved by a county
or the department, is valid in any county of the state for the
purpose of obtaining the certificate of completion under
subsection (2) of this section.
(2) If a person successfully completes the food handler
training program required in subsection (1) of this section and
pays the appropriate fee, the county or the department shall
issue a certificate of completion. A certificate of completion
issued by a county or the department is valid in any county of
the state. A food handler certificate of completion expires three
years after the date of issuance.
(3) All delegate counties, as described in ORS 624.510, shall
establish and maintain food handler training programs. The
department shall establish and maintain food handler training
programs in counties without authority delegated under ORS
624.510.
(4) A person holding a food handler certification issued under
a county ordinance containing requirements at least equal to the
requirements established by the department, as determined by the
department, is in compliance with the requirements of subsection
(1) of this section.
(5) The department shall establish by rule all provisions
necessary to administer and enforce the provisions of this
section, including but not limited to:
(a) Minimum standards for program content and delivery; and
(b) The establishment of minimum requirements for successful
completion of the training.
(6) The department shall and a delegate county may charge a
program fee to program participants. The fee may not exceed $10.
A fee not exceeding $5 may be charged for duplicate certificates
of completion.
(7) Persons involved in the preparation or service of food in a
temporary restaurant are not required to complete a food handler
training program, but the temporary restaurant shall have at
least one person who has completed the food handler training
program on the premises at all times.
SECTION 311. ORS 624.630 is amended to read:
624.630. A person may not construct or extensively remodel a
facility subject to licensure under this chapter without first
submitting construction or remodeling plans to the Department of
{ - Human Services - } { + Public Health + } and paying a fee
to the department for review of the plans. The fee shall be
assessed in the following amounts:
(1) For initial construction:
(a) Of a full service restaurant, $250.
(b) Of a bed and breakfast facility, $75.
(c) Of a commissary, $125.
(d) Of a warehouse, $50.
(e) Of a limited service restaurant, $75.
(f) Of a mobile unit, $75.
(2) For remodeling:
(a) Of a full service restaurant, $100.
(b) Of any facility other than a full service restaurant, $50.
SECTION 312. ORS 624.650 is amended to read:
624.650. (1) Notwithstanding any provision of ORS 624.010,
624.025, 624.065, 624.510 or 624.530, a temporary restaurant as
defined under ORS 624.010 that is a mobile unit as defined under
ORS 624.310 may be required to pay a fee not to exceed $25 for
inspection services if the mobile unit is licensed by:
(a) The Department of { - Human Services - } { + Public
Health + } under ORS 624.320 or a county delegated authority
under ORS 624.510 to conduct inspections in accordance with ORS
624.370;
(b) The State Department of Agriculture or the United States
Public Health Service as provided under ORS 624.330; or
(c) Another jurisdiction and permitted to be used in this state
under ORS 624.410.
(2) Nothing in this section shall prohibit the Department of
{ - Human Services - } { + Public Health + } or a county
delegated authority under ORS 624.510 from enforcing ORS 624.380
or 624.420 or rules adopted by the department pursuant to ORS
624.390.
SECTION 313. ORS 624.670 is amended to read:
624.670. All moneys received by the Department of { - Human
Services - } { + Public Health + } under this chapter shall be
paid into the State Treasury, deposited in the General Fund to
the credit of the Public Health Account and used exclusively by
the department for the purpose of carrying out the provisions of
this chapter.
SECTION 314. ORS 624.992 is amended to read:
624.992. (1) In addition to any other penalty provided by law,
the Department of { - Human Services - } { + Public
Health + } may impose a civil penalty on any person for violation
of ORS 624.020 (1), 624.060 (1), 624.060 (4), 624.070, 624.085,
624.320, 624.370, 624.380 or 624.430 or rules adopted under ORS
624.010 to 624.120 or 624.390.
(2) After public hearing, the department { - of Human
Services - } by rule shall adopt objective criteria for
establishing the civil penalty that may be imposed under
subsection (1) of this section.
(3) Civil penalties under subsection (1) of this section shall
be imposed in the manner provided by ORS 183.090.
(4) A county board of commissioners delegated civil penalty
authority under ORS 624.510 shall implement that authority in
accordance with protocols and limits established by the
department
{ - of Human Services - } by rule. The board's civil penalty
authority shall apply only to imminent and present dangers to
public health and to operation without a license.
SECTION 315. ORS 628.270 is amended to read:
628.270. (1) The Department of { - Human Services - }
{ + Public Health + } may, by rule, define certain communicable
diseases which may be spread to the public through the handling
of food in refrigerated locker plants.
(2) No person who has a communicable or infectious disease
described in subsection (1) of this section shall be permitted to
work in or about any refrigerated locker plant or to handle any
food in connection with the operation of such plant.
(3) In the discretion of the State Department of Agriculture,
an employee of a locker plant may be required to furnish a
certificate of health from a physician duly accredited by the
Department of { - Human Services - } { + Public Health + }
for the purpose of issuing such certificates. If such certificate
is required under municipal ordinance upon examination deemed
adequate by the Department of { - Human Services - }
{ + Public Health + }, a certificate issued in compliance with
such ordinance is sufficient under this section.
(4) Any health certificate required by this section shall be
revoked by the Department of { - Human Services - }
{ + Public Health + } at any time that the holder thereof is
found, upon physical examination of such holder, to have any
communicable or infectious disease. Refusal of any person
employed in such locker plant to submit to proper and reasonable
physical examination, upon written demand by the Department of
{ - Human Services - } { + Public Health + } or the State
Department of Agriculture, is cause for revocation of the
employee's health certificate and also is sufficient reason for
revocation of the locker plant's license unless the employee
immediately is removed from any work or operation in or about
such locker plant involving the handling of food.
SECTION 316. ORS 634.550 is amended to read:
634.550. (1) There is created a Pesticide Analytical and
Response Center with a governing board consisting of the
following members:
(a) The Director of Agriculture or designee.
(b) The State Forester or designee.
(c) The State Fish and Wildlife Director or designee.
(d) The Director of the Department of Environmental Quality or
designee.
(e) The Director of { - Human Services - } { + Public
Health + } or designee.
(f) The Administrator of the Occupational Safety and Health
Division or designee.
(g) The State Fire Marshal or designee.
(h) The Director of the Poison Control and Drug Information
Program of the Oregon Health and Science University or designee.
(i) One citizen from the state at large appointed jointly by
the Director of Agriculture and the Director of { - Human
Services - } { + Public Health + }.
(2) The Director of Agriculture shall appoint an administrator
for the Pesticide Analytical and Response Center, who shall be
responsible to the board for performance of the duties of the
center and the board.
(3) The Director of Agriculture or designee and the Director of
{ - Human Services - } { + Public Health + } or designee shall
alternate as chairperson of the board for terms of one year each.
When one is serving as chairperson, the other shall serve as vice
chairperson.
(4) The board shall seek expert consultation from the extension
service toxicology program, the Center for Research on
Occupational and Environmental Toxicology and such other sources
as may be needed.
(5) The functions of the board are to:
(a) Direct the activities and priorities of the administrator
of the center.
(b) Centralize receiving of information relating to actual or
alleged health and environmental incidents involving pesticides.
(c) Mobilize expertise necessary for timely and accurate
investigation of pesticide incidents and analyses of associated
samples.
(d) Identify trends and patterns of problems related to
pesticide use.
(e) Make recommendations for action to a state agency when a
majority of the board considers that such action may be warranted
on the basis of the findings of an incident investigation or on
the basis of identification of a trend or pattern of problems.
Recommended actions may include, but not be limited to,
regulatory action, modification of administrative rules, proposal
of new legislation, public education and consultation to
industry.
(f) Report in a standardized format the results of the
investigations of pesticide incidents.
(g) Establish by consensus, procedures for carrying out its
responsibilities within the limits of available resources.
(h) Prepare and submit to each session of the Legislative
Assembly a report of the activities of the center that includes a
record of recommendations made by the board and the actions
resulting from the board's work.
(6) Upon receipt of a recommendation from the board, a state
agency shall respond in a timely manner to inform the board of
actions taken or the reasons for taking no action on the
recommendation.
(7) Any medical information received by a member of the board
or by a staff member of the center in the course of carrying out
the duties of the center or the board shall be held confidential
as provided in ORS 192.525 and 433.008.
(8) The functions of the board do not supersede the regulatory
authority of any agency and are not in lieu of the regulatory
authority of any agency.
SECTION 317. ORS 192.535 is amended to read:
192.535. (1) A person may not obtain genetic information from
an individual, or from an individual's DNA sample, without first
obtaining informed consent of the individual or the individual's
representative, except:
(a) As authorized by ORS 181.085 or comparable provisions of
federal criminal law relating to the identification of persons,
or for the purpose of establishing the identity of a person in
the course of an investigation conducted by a law enforcement
agency, a district attorney, a medical examiner or the Criminal
Justice Division of the Department of Justice;
(b) For anonymous research conducted after notification
pursuant to ORS 192.537 (2);
(c) As permitted by rules of the Department of { - Human
Services - } { + Public Health + } for identification of
deceased individuals;
(d) As permitted by rules of the Department of { - Human
Services - } { + Public Health + } for newborn screening
procedures;
(e) As authorized by statute for the purpose of establishing
paternity; or
(f) For the purpose of furnishing genetic information relating
to a decedent for medical diagnosis of blood relatives of the
decedent.
(2) Except as provided in subsection (3) of this section, a
physician licensed under ORS chapter 677 shall seek the informed
consent of the individual or the individual's representative for
the purposes of subsection (1) of this section in the manner
provided by ORS 677.097. Except as provided in subsection (3) of
this section, any other licensed health care provider or facility
must seek the informed consent of the individual or the
individual's representative for the purposes of subsection (1) of
this section in a manner substantially similar to that provided
by ORS 677.097 for physicians.
(3) A person conducting research shall seek the informed
consent of the individual or the individual's representative for
the purposes of subsection (1) of this section in the manner
provided by ORS 192.547.
(4) Except as provided in ORS 746.135 (1), any person not
described in subsection (2) or (3) of this section must seek the
informed consent of the individual or the individual's
representative for the purposes of subsection (1) of this section
in the manner provided by rules adopted by the Department of
{ - Human Services - } { + Public Health + }.
(5) The Department of { - Human Services - } { + Public
Health + } may not adopt rules under subsection (1)(d) of this
section that would require the providing of a DNA sample for the
purpose of obtaining complete genetic information used to screen
all newborns.
SECTION 318. ORS 192.537 is amended to read:
192.537. (1) Subject to the provisions of ORS 192.531 to
192.549, 659A.303 and 746.135, an individual's genetic
information and DNA sample are private and must be protected, and
an individual has a right to the protection of that privacy. Any
person authorized by law or by an individual or an individual's
representative to obtain, retain or use an individual's genetic
information or any DNA sample must maintain the confidentiality
of the information or sample and protect the information or
sample from unauthorized disclosure or misuse.
(2)(a) A person may use an individual's DNA sample or genetic
information for anonymous research only if the individual was
notified the sample or genetic information may be used for
anonymous research and the individual did not, at the time of
notification, request that the sample not be used for anonymous
research.
(b) The Department of { - Human Services - } { + Public
Health + } shall adopt rules to implement paragraph (a) of this
subsection after considering similar federal regulations.
(3) A person may not retain another individual's genetic
information or DNA sample without first obtaining authorization
from the individual or the individual's representative, unless:
(a) Retention is authorized by ORS 181.085 or comparable
provisions of federal criminal law relating to identification of
persons, or is necessary for the purpose of a criminal or death
investigation, a criminal or juvenile proceeding, an inquest or a
child fatality review by a multidisciplinary child abuse team;
(b) Retention is authorized by specific court order pursuant to
rules adopted by the Chief Justice of the Supreme Court for civil
actions;
(c) Retention is permitted by rules of the Department of
{ - Human Services - } { + Public Health + } for
identification of, or testing to benefit blood relatives of,
deceased individuals;
(d) Retention is permitted by rules of the Department of
{ - Human Services - } { + Public Health + } for newborn
screening procedures; or
(e) Retention is for anonymous research conducted after
notification pursuant to subsection (2) of this section.
(4) The DNA sample of an individual from which genetic
information has been obtained shall be destroyed promptly upon
the specific request of that individual or the individual's
representative, unless:
(a) Retention is authorized by ORS 181.085 or comparable
provisions of federal criminal law relating to identification of
persons, or is necessary for the purpose of a criminal or death
investigation, a criminal or juvenile proceeding, an inquest or a
child fatality review by a multidisciplinary child abuse team;
(b) Retention is authorized by specific court order pursuant to
rules adopted by the Chief Justice of the Supreme Court for civil
actions; or
(c) Retention is for anonymous research conducted after
notification pursuant to subsection (2) of this section.
(5) A DNA sample from an individual that is the subject of a
research project, other than an anonymous research project, shall
be destroyed promptly upon completion of the project or
withdrawal of the individual from the project, whichever occurs
first, unless the individual or the individual's representative
directs otherwise by informed consent.
(6) A DNA sample from an individual for insurance or employment
purposes shall be destroyed promptly after the purpose for which
the sample was obtained has been accomplished unless retention is
authorized by specific court order pursuant to rules adopted by
the Chief Justice of the Supreme Court for civil, criminal and
juvenile proceedings.
(7) An individual or an individual's representative, promptly
upon request, may inspect, request correction of and obtain
genetic information from the records of the individual, unless
the genetic information has been made anonymous by destruction of
all information that could allow disclosure of the identity of
the individual who provided the sample or the identity of the
individual's blood relatives.
(8) Subject to the provisions of ORS 192.531 to 192.549, and to
policies adopted by the person in possession of a DNA sample, an
individual or the individual's representative may request that
the individual's DNA sample be made available for additional
genetic testing for medical diagnostic purposes. If the
individual is deceased and has not designated a representative to
act on behalf of the individual after death, a request under this
subsection may be made by the closest surviving blood relative of
the decedent or, if there is more than one surviving blood
relative of the same degree of relationship to the decedent, by
the majority of the surviving closest blood relatives of the
decedent.
(9) The Department of { - Human Services - } { + Public
Health + } shall coordinate the implementation of this section.
(10) This section applies only to genetic information that can
be identified as belonging to an individual or the individual's
blood relative. This section does not apply to any law, contract
or other arrangement that determines a person's rights to
compensation relating to substances or information derived from
an individual's DNA sample.
SECTION 319. ORS 192.539 is amended to read:
192.539. (1) Regardless of the manner of receipt or the source
of genetic information, including information received from an
individual or a blood relative of the individual, a person may
not disclose or be compelled, by subpoena or any other means, to
disclose the identity of an individual upon whom a genetic test
has been performed or the identity of a blood relative of the
individual, or to disclose genetic information about the
individual or a blood relative of the individual in a manner that
permits identification of the individual, unless:
(a) Disclosure is authorized by ORS 181.085 or comparable
provisions of federal criminal law relating to identification of
persons, or is necessary for the purpose of a criminal or death
investigation, a criminal or juvenile proceeding, an inquest, or
a child fatality review by a multidisciplinary child abuse team;
(b) Disclosure is required by specific court order entered
pursuant to rules adopted by the Chief Justice of the Supreme
Court for civil actions;
(c) Disclosure is authorized by statute for the purpose of
establishing paternity;
(d) Disclosure is specifically authorized by the tested
individual or the tested individual's representative by signing a
consent form prescribed by rules of the Department of { - Human
Services - } { + Public Health + };
(e) Disclosure is for the purpose of furnishing genetic
information relating to a decedent for medical diagnosis of blood
relatives of the decedent; or
(f) Disclosure is for the purpose of identifying bodies.
(2) The prohibitions of this section apply to any redisclosure
by any person after another person has disclosed genetic
information or the identity of an individual upon whom a genetic
test has been performed, or has disclosed genetic information or
the identity of a blood relative of the individual.
(3) A release or publication is not a disclosure if:
(a) It involves a good faith belief by the person who caused
the release or publication that the person was not in violation
of this section;
(b) It is not due to willful neglect;
(c) It is corrected in the manner described in ORS 192.541 (4);
(d) The correction with respect to genetic information is
completed before the information is read or heard by a third
party; and
(e) The correction with respect to DNA samples is completed
before the sample is retained or genetically tested by a third
party.
SECTION 320. ORS 675.310 is amended to read:
675.310. (1) There is created in the Department of { - Human
Services - } { + Public Health + } the Occupational Therapy
Licensing Board. It shall be composed of five members, appointed
by the Governor, three of whom shall be licensed occupational
therapists in this state with no { - less - } { + fewer + }
than three years of experience in occupational therapy
immediately preceding their appointment, and two of whom shall be
members of the { - consuming - } public. Board members
required to be occupational therapists may be selected by the
Governor from a list of no { - less - } { + fewer + } than
eight nominees submitted by the Occupational Therapy Association
of Oregon.
{ - However, one member of the board may be a licensed
occupational therapy assistant. - }
{ + (2) Notwithstanding subsection (1) of this section, the
Governor may appoint to the board one person who is a licensed
occupational therapy assistant in place of a member who is
otherwise required to be a licensed occupational therapist. + }
{ - (2) - } { + (3) + } Members are entitled to
compensation and expenses as provided in ORS 292.495.
{ - (3) - } { + (4) + } Members shall serve a term of four
years and may not serve more than two consecutive terms.
SECTION 321. ORS 675.330 is amended to read:
675.330. (1) All moneys received by the Department of
{ - Human Services - } { + Public Health + } under ORS 675.210
to 675.340 shall be deposited into the General Fund in the State
Treasury and placed to the credit of the department { - of
Human Services - } , and such moneys hereby appropriated
continuously and shall be used only for the administration and
enforcement of ORS 675.210 to 675.340 { - and 675.990 (2) - } .
(2) All civil penalties collected or received for violations of
or in prosecutions under ORS 675.210 to 675.340 { - and 675.990
(2) - } shall be paid into the General Fund of the State
Treasury and placed to the credit of the Public Health Account,
and such moneys hereby are appropriated continuously and shall be
used only for the administration and enforcement of ORS 675.210
to 675.340 { - and 675.990 (2) - } .
(3) All fines collected or received for violations of or in
prosecutions under ORS 675.210 to 675.340 and 675.990 (2) shall
be forwarded to the Department of Revenue for deposit in the
Criminal Fine and Assessment Account.
SECTION 322. ORS 682.015 is amended to read:
682.015. (1) A person or governmental unit commits the offense
of unlawful operation of an unlicensed ambulance if, on and after
July 1, 1983, or the offense of unlawful operation of an
unlicensed ambulance service if, on and after July 1, 1994, the
person or governmental unit advertises or operates in this state
a motor vehicle, aircraft or watercraft ambulance that:
(a) Is not operated by an ambulance service licensed under this
chapter;
(b) Is not licensed under this chapter; and
(c) Does not meet the minimum requirements established under
this chapter by the Department of { - Human Services - }
{ + Public Health + } in consultation with the State Emergency
Medical Service Committee for that type of ambulance.
(2) As used in this section, 'governmental unit' and ' person'
have the meaning given those terms in ORS 682.025.
(3) This section does not apply to any ambulance or any person
if the ambulance or person is exempted by ORS 682.035 or 682.285
from regulation by the Department of { - Human Services - }
{ + Public Health + }.
(4) Authority of political subdivisions to regulate ambulance
services or to regulate or allow the use of ambulances is limited
under ORS 682.275.
(5) The offense described in this section, unlawful operation
of an unlicensed ambulance or ambulance service, is a Class A
misdemeanor. Each day of continuing violation shall be considered
a separate offense.
(6) In addition to the penalties prescribed by subsection (5)
of this section, the Department of { - Human Services - }
{ + Public Health + } may impose upon a licensed ambulance
service a civil penalty not to exceed $5,000 for each violation
of this chapter and the rules adopted thereunder. Each day of
continuing violation shall be considered a separate violation for
purposes of this subsection.
SECTION 323. ORS 682.025 is amended to read:
682.025. As used in this chapter, unless the context requires
otherwise:
(1) 'Ambulance' or 'ambulance vehicle' means any privately or
publicly owned motor vehicle, aircraft or watercraft that is
regularly provided or offered to be provided for the emergency
transportation of persons suffering from illness, injury or
disability.
(2) 'Ambulance service' means any person, governmental unit,
corporation, partnership, sole proprietorship or other entity
that operates ambulances and that holds itself out as providing
prehospital care or medical transportation to sick, injured or
disabled persons.
(3) 'Board' means the Board of Medical Examiners for the State
of Oregon.
(4) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(5) 'Emergency care' means the performance of acts or
procedures under emergency conditions in the observation, care
and counsel of the ill, injured or disabled; in the
administration of care or medications as prescribed by a licensed
physician, insofar as any of these acts is based upon knowledge
and application of the principles of biological, physical and
social science as required by a completed course utilizing an
approved curriculum in prehospital emergency care. However,
'emergency care' does not include acts of medical diagnosis or
prescription of therapeutic or corrective measures.
(6) 'Emergency medical technician' or 'EMT' means a person who
has received formal training in prehospital { + , + }
{ - and - } emergency { + and nonemergency + } care, and is
state certified to attend any ill, injured or disabled person.
Police officers, firefighters, funeral home employees and other
personnel serving in a dual capacity one of which meets the
definition of ' emergency medical technician' are 'emergency
medical technicians' within the meaning of this chapter.
(7) 'First responder' means a person who has successfully
completed a first responder training course approved by the
department and:
(a) Has been examined and certified as a first responder by an
authorized representative of the department to perform basic
emergency and nonemergency care procedures; or
(b) Has been otherwise designated as a first responder by an
authorized representative of the department to perform basic
emergency and nonemergency care procedures.
(8) 'Fraud or deception' means the intentional
misrepresentation or misstatement of a material fact, concealment
of or failure to make known any material fact, or any other means
by which misinformation or false impression knowingly is given.
(9) 'Governmental unit' means the state or any county,
municipality or other political subdivision or any department,
board or other agency of any of them.
(10) 'Highway' means every public way, thoroughfare and place,
including bridges, viaducts and other structures within the
boundaries of this state, used or intended for the use of the
general public for vehicles.
(11) 'Nonemergency care' means the performance of acts or
procedures on a patient who is not expected to die, become
permanently disabled or suffer permanent harm within the next 24
hours, including but not limited to observation, care and counsel
of a patient and the administration of medications prescribed by
a physician licensed under ORS chapter 677, insofar as any of
those acts are based upon knowledge and application of the
principles of biological, physical and social science and are
performed in accordance with scope of practice rules adopted by
the Board of Medical Examiners in the course of providing
prehospital care as defined by this section.
(12) 'Owner' means the person having all the incidents of
ownership in an ambulance service or an ambulance vehicle or
where the incidents of ownership are in different persons, the
person, other than a security interest holder or lessor, entitled
to the possession of an ambulance vehicle or operation of an
ambulance service under a security agreement or a lease for a
term of 10 or more successive days.
(13) 'Patient' means an ill, injured or disabled person
transported in an ambulance.
(14) 'Person' means any individual, corporation, association,
firm, partnership, joint stock company, group of individuals
acting together for a common purpose or organization of any kind
and includes any receiver, trustee, assignee or other similar
representative thereof.
(15) 'Prehospital care' means that care rendered by emergency
medical technicians as an incident of the operation of an
ambulance as defined by this chapter and that care rendered by
emergency medical technicians as incidents of other public or
private safety duties, and includes, but is not limited to, '
emergency care' as defined by this section.
(16) 'Scope of practice' means the maximum level of emergency
or nonemergency care that an emergency medical technician may
provide.
(17) 'Standing orders' means the written protocols that an
emergency medical technician follows to treat patients when
direct contact with a physician is not maintained.
(18) 'Supervising physician' means a medical or osteopathic
physician licensed under ORS chapter 677, actively registered and
in good standing with the board, who provides direction of
emergency or nonemergency care provided by emergency medical
technicians.
(19) 'Unprofessional conduct' means conduct unbecoming a person
certified in emergency { + and nonemergency + } care, or
detrimental to the best interests of the public and includes:
(a) Any conduct or practice contrary to recognized standards of
ethics of the medical profession or any conduct or practice which
does or might constitute a danger to the health or safety of a
patient or the public or any conduct, practice or condition which
does or might impair an emergency medical technician's ability
safely and skillfully to practice emergency or nonemergency care;
(b) Willful performance of any medical treatment which is
contrary to acceptable medical standards; and
(c) Willful and consistent utilization of medical service for
treatment which is or may be considered inappropriate or
unnecessary.
SECTION 324. ORS 682.037 is amended to read:
682.037. (1) Upon the request of the designated official of an
ambulance service { - as defined in ORS 682.015, - } { +
or + } a first responder as { + those terms are + } defined in
ORS 682.025, the emergency medical services system authority in
the county in which a prehospital care event occurred or the
Department of { - Human Services - } { + Public Health + }, a
hospital licensed under ORS chapter 441 may provide to the
requester the following information:
(a) The disposition of the person who was the subject of the
prehospital care event from the emergency department or other
intake facility of the hospital, including but not limited to:
(A) Whether the person was admitted to the hospital; and
(B) If the person was admitted, to what unit the person was
assigned;
(b) The diagnosis given the person in the emergency department
or other intake facility; and
(c) Whether within the first hour after the person arrived at
the hospital, the person received one or more medical procedures
on a list that the Department of { - Human Services - }
{ + Public Health + } shall establish by rule.
(2) Information provided pursuant to subsection (1) of this
section shall be:
(a) Treated as a confidential medical record and not disclosed;
(b) Considered privileged data under ORS 41.675 and 41.685; and
(c) Used only for legitimate medical quality assurance and
quality improvement activities.
(3) A hospital may charge a fee reasonably related to the
actual cost of providing the information requested pursuant to
this section.
(4) For purposes of this section, 'emergency medical services
system' has the meaning given in ORS 41.685.
SECTION 325. { + ORS 682.037 is added to and made a part of
ORS chapter 682. + }
SECTION 326. ORS 682.045 is amended to read:
682.045. (1) A license for an ambulance service or the
operation of ambulance vehicles shall be obtained from the
Department of { - Human Services - } { + Public Health + }.
(2) Applications for licenses shall be upon forms prescribed by
the department and shall contain:
(a) The name and address of the person or governmental unit
owning the ambulance service or vehicle.
(b) If other than the applicant's true name, the name under
which the applicant is doing business.
(c) In the case of an ambulance vehicle, a description of the
ambulance, including the make, model, year of manufacture,
registration number and the insignia name, monogram or other
distinguishing characteristics to be used to designate the
applicant's ambulance vehicles.
(d) The location and description of the principal place of
business of the ambulance service, and the locations and
descriptions of the place or places from which its ambulance is
intended to operate.
(e) Such other information as the department may reasonably
require to determine compliance with ORS 820.350 to 820.380 and
this chapter and the rules adopted thereunder.
(3) Except in the case of governmental units, the application
shall be accompanied by future responsibility filing of the type
described under ORS 806.270.
SECTION 327. ORS 682.047 is amended to read:
682.047. (1) When applications have been made as required under
ORS 682.045, the Department of { - Human Services - }
{ + Public Health + } shall issue licenses to the owner if it is
found that the ambulance service and ambulance comply with the
requirements of ORS 820.350 to 820.380 and this chapter and the
rules adopted thereunder.
(2) Each license unless sooner suspended or revoked shall
expire on the next June 30.
(3) The department may initially issue a license for less than
a 12-month period or for more than a 12-month period not to
exceed 15 months.
(4) Licenses shall be issued only to the owner of the ambulance
service and only for the ambulance named in the application and
shall not be transferable to any other person, governmental unit,
ambulance service or ambulance.
(5) Licenses shall be displayed as prescribed by the rules of
the department.
(6) The department shall provide for the replacement of any
current license that becomes lost, damaged or destroyed. A
replacement fee of $10 shall be charged for each replacement
license.
(7) Nonrefundable fees in the following amounts shall accompany
each initial and each subsequent annual application to obtain a
license to operate an ambulance service and ambulance:
(a) $75 for an ambulance service having a maximum of four
full-time paid positions;
(b) $250 for an ambulance service having five or more full-time
paid positions;
(c) $45 for each ambulance license if the ambulance is owned
and operated by an ambulance service that has a maximum of four
full-time paid positions; and
(d) $80 for each ambulance license if the ambulance is owned
and operated by an ambulance service having five or more
full-time paid positions.
(8) The fees established under subsection (7) of this section
do not apply to an ambulance or vehicle described under ORS
682.035.
SECTION 328. ORS 682.075 is amended to read:
682.075. (1) Subject to any law or rule pursuant thereto
relating to the construction or equipment of ambulances, the
Department of { - Human Services - } { + Public Health + }
shall, with the advice of the State Emergency Medical Service
Committee appointed under ORS 682.195 and in accordance with ORS
183.310 to 183.550, adopt and when necessary amend or repeal
rules relating to the construction, maintenance, capacity,
sanitation, emergency medical supplies and equipment of
ambulances.
(2) In order for an owner to secure and retain a license for an
ambulance under this chapter, it shall meet the requirements
imposed by rules of the department. The requirements may relate
to construction, maintenance, capacity, sanitation and emergency
medical supplies and equipment on ambulances. Such requirements
shall include, but are not limited to, requirements relating to
space in patient compartments, access to patient compartments,
storage facilities, operating condition, cots, mattresses,
stretchers, cot and stretcher fasteners, bedding, oxygen and
resuscitation equipment, splints, tape, bandages, tourniquets,
patient convenience accessories, cleanliness of vehicle and
laundering of bedding.
SECTION 329. ORS 682.085 is amended to read:
682.085. (1) The Department of { - Human Services - }
{ + Public Health + } or its authorized representatives may at
reasonable times inspect ambulances and ambulance services
licensed or subject to being licensed under this chapter.
(2) The department may suspend or revoke a license if the
ambulance service owner fails to take corrective action required
pursuant to an inspection of an ambulance or ambulance service
under this section.
SECTION 330. ORS 682.105 is amended to read:
682.105. (1) In order to secure and retain a license under this
chapter, the owner of an ambulance or ambulance service, other
than a governmental unit, shall file and maintain with the
Department of { - Human Services - } { + Public Health + }
proof of ability to respond in damages for liability arising from
the ownership, operation, use or maintenance of the ambulance, or
arising from the delivery of prehospital care, in the amount of:
(a) $100,000 because of bodily injury to or death of one person
in any one accident;
(b) Subject to that limit for one person, $300,000 because of
bodily injury to or death of two or more persons in any one
accident;
(c) $20,000 because of injury to or destruction of the property
of others in any one accident; and
(d) $500,000 because of injury arising from the negligent
provision of prehospital care to any individual.
(2) Proof of financial responsibility under subsection (1) of
this section may be given by filing with the department for the
benefit of the owner:
(a) A certificate of insurance issued by an insurance carrier
licensed to transact insurance in this state showing that the
owner has procured and that there is in effect a motor vehicle
liability policy for the limits of financial responsibility
mentioned in subsection (1)(a) to (c) of this section designating
by explicit description all motor vehicles with respect to which
coverage is granted thereby and insuring the named insured and
all other persons using any such motor vehicle with insured's
consent against loss from the liabilities imposed by law for
damages arising out of the ownership, operation, use or
maintenance of any such motor vehicle, and that there is in
effect a professional liability policy for the limit of financial
responsibility described in subsection (1)(d) of this section
insuring the named insured and all other persons engaged in the
provision of prehospital care under the auspices of the licensed
ambulance service against loss from the liabilities imposed by
law for damages arising out of the provision of prehospital care;
(b) A bond conditioned for the paying in behalf of the
principal, the limits of financial responsibility mentioned in
subsection (1) of this section; or
(c) A certificate of the State Treasurer that such owner has
deposited with the State Treasurer the sum of $320,000 in cash,
in the form of an irrevocable letter of credit issued by an
insured institution as defined in ORS 706.008 or in securities
such as may legally be purchased by fiduciaries or for trust
funds of a market value of $320,000.
SECTION 331. ORS 682.107 is amended to read:
682.107. (1) When insurance is the method chosen to prove
financial responsibility, the certificate of insurance shall be
signed by an authorized company representative and shall contain
the following information:
(a) The date on which the policy was issued.
(b) The name and address of the named insured.
(c) The policy number.
(d) The amount of coverage in terms of the liability limits
stated in ORS 682.105.
(2) The policy of insurance for which the certificate is given
shall not be canceled or terminated except upon the giving of 10
days' prior written notice to the Department of { - Human
Services - } { + Public Health + }. However, an insurance
policy subsequently procured and certified to the department
shall, on the date the certificate is filed with the department,
terminate the insurance previously certified with respect to any
owner or vehicle designated in both certificates.
(3) The vehicle policy need not insure any liability under any
worker's compensation, nor any liability on account of bodily
injury to or death of an employee of the insured while engaged in
the employment of the insured, or while engaged in the operation,
maintenance or repair of a vehicle nor any liability for damage
to property owned by, rented to, in charge of or transported by
the insured.
(4) The requirements for a vehicle liability policy and
certificate of insurance may be fulfilled by the policies and
certificates of one or more insurance carriers which policies and
certificates together meet such requirements.
SECTION 332. ORS 682.145 is amended to read:
682.145. (1) For any person to be certified as an emergency
medical technician or first responder, an application for
certification shall be made to the Department of { - Human
Services - } { + Public Health + }. The application shall be
upon forms prescribed by the department and shall contain:
(a) The name and address of the applicant.
(b) The name and location of the training course successfully
completed by the applicant and the date of completion.
(c) Certification that to the best of the applicant's knowledge
the applicant is physically and mentally qualified to act as an
emergency medical technician or first responder, is free from
addiction to controlled substances or alcoholic beverages, or if
not so free, has been and is currently rehabilitated and is free
from epilepsy or diabetes, or if not so free, has been free from
any lapses of consciousness or control occasioned thereby for a
period of time as prescribed by rule of the department.
(d) Such other information as the department may reasonably
require to determine compliance with applicable provisions of
this chapter and the rules adopted thereunder.
(2) The application shall be accompanied by proof as prescribed
by rule of the department of the applicant's successful
completion of a training course approved by the department, and
if an extended period of time has elapsed since the completion of
the course, of a satisfactory amount of continuing education.
(3) The department shall adopt a schedule of minimum
educational requirements in emergency and nonemergency care for
emergency medical technicians and first responders. The
department, with the advice of the State Emergency Medical
Service Committee, may establish levels of emergency medical
technician certification as may be necessary to serve the public
interest. A course approved by the department shall be designed
to protect the welfare of out-of-hospital patients, to promote
the health, well-being and saving of the lives of such patients
and to reduce their pain and suffering.
SECTION 333. ORS 682.155 is amended to read:
682.155. (1) A nonrefundable initial application fee shall be
submitted with the initial application for emergency medical
technician and first responder certification. In addition, a
nonrefundable examination fee shall be submitted for the
following purposes:
(a) First responder written examination;
(b) Emergency medical technician written examination;
(c) Emergency medical technician practical examination; and
(d) A fee deemed necessary by the Department of { - Human
Services - } { + Public Health + } to cover the fee charged by
the national examination agency or other examination service
utilized by the department for the purpose of examining
candidates for emergency medical technician certification.
(2) Subject to the review of the Oregon Department of
Administrative Services, the fees and charges established under
this section shall not exceed the cost of administering the
regulatory program of the Department of { - Human Services - }
{ + Public Health + } pertaining to the purpose for which the
fee or charge is established, as authorized by the Legislative
Assembly for the department's budget, as the budget may be
modified by the Emergency Board.
(3) All moneys received by the Department { + of Public
Health + } under this chapter shall be paid into the General Fund
in the State Treasury and placed to the credit of the
{ - department account - } { + Public Health Account + } and
such moneys hereby are appropriated continuously and shall be
used only for the administration and enforcement of this chapter.
SECTION 334. ORS 682.157 is amended to read:
682.157. (1) When application has been made as required under
ORS 682.145, the Department of { - Human Services - }
{ + Public Health + } shall certify the applicant as an
emergency medical technician or as a first responder if it finds:
(a) The applicant has successfully completed a training course
approved by the department.
(b) The applicant's physical and mental qualifications have
been certified as required under ORS 682.145.
(c) No matter has been brought to the attention of the
department which would disqualify the applicant.
(d) A nonrefundable fee has been paid to the department
pursuant to ORS 682.155.
(e) The applicant for emergency medical technician
certification is 18 years of age or older and the applicant for
first responder is 16 years of age or older.
(f) The applicant has successfully completed examination as
prescribed by the department.
(g) The applicant meets other requirements prescribed by rule
of the department.
(2) The department may provide for the issuance of a
provisional certification for emergency medical technicians.
(3) The department may issue by indorsement certification for
emergency medical technician without proof of completion of an
approved training course to an emergency medical technician who
is licensed to practice emergency care in another state of the
United States or a foreign country if, in the opinion of the
department, the applicant meets the requirements of certification
in this state and can demonstrate to the satisfaction of the
department competency to practice emergency care. The department
shall be the sole judge of credentials of any emergency medical
technician applying for certification without proof of completion
of an approved training course.
(4) Each person holding a certificate under ORS 682.145 and
this section shall submit, at the time of application for renewal
of the certificate to the department, evidence of the applicant's
satisfactory completion of a department approved program of
continuing education and other requirements prescribed by rule by
the department.
(5) The department shall prescribe criteria and approve
programs of continuing education in emergency and nonemergency
care to meet the requirements of this section.
(6) The department shall include a fee pursuant to ORS 682.155
for late renewal and for issuance of any duplicate certificate.
Each certification issued under this section, unless sooner
suspended or revoked, shall expire and be renewable after a
period of two years. Each certificate must be renewed on or
before June 30 of every second year. The department by rule shall
establish a schedule of certificate renewals under this
subsection and shall prorate the fees to reflect any shorter
certificate period.
(7) Nothing in this chapter authorizes an emergency medical
technician or first responder to operate an ambulance without a
driver license as required under the Oregon Vehicle Code.
SECTION 335. ORS 682.175 is amended to read:
682.175. (1) The Department of { - Human Services - }
{ + Public Health + } may deny, suspend or revoke licenses for
ambulances and ambulance services in accordance with the
provisions of ORS 183.310 to 183.550 for a failure to comply with
any of the requirements of ORS 820.350 to 820.380 and this
chapter or the rules adopted thereunder.
(2) The certification of an emergency medical technician may be
denied, suspended or revoked in accordance with the provisions of
ORS 183.310 to 183.550 for any of the following reasons:
(a) A failure to have completed successfully a department
approved course.
(b) In the case of provisional certifications, failure to have
completed successfully a department approved course.
(c) Failure to meet or continue to meet the physical and mental
qualifications required to be certified under ORS 682.145.
(d) The use of fraud or deception in receiving a certificate.
(e) Practicing skills beyond the scope of practice established
by the Board of Medical Examiners for the State of Oregon under
ORS 682.245.
(f) Rendering emergency or nonemergency care under an assumed
name.
(g) The impersonation of another EMT.
(h) Unprofessional conduct.
(i) Obtaining a fee by fraud or misrepresentation.
(j) Habitual or excessive use of intoxicants or drugs.
(k) The presence of a mental disorder that demonstrably affects
an EMT's performance, as certified by two psychiatrists retained
by the department.
(L) Subject to ORS 670.280, conviction of any criminal offense
that reasonably raises questions about the ability of the EMT to
perform the duties of an EMT in accordance with the standards
established by this chapter. A copy of the record of conviction,
certified to by the clerk of the court entering the conviction,
shall be conclusive evidence of the conviction.
(m) Suspension or revocation of an emergency medical technician
certificate issued by another state:
(A) For a reason that would permit the department to suspend or
revoke a certificate issued under this chapter; and
(B) Evidenced by a certified copy of the order of suspension or
revocation.
(n) Gross negligence or repeated negligence in rendering
emergency medical assistance.
(o) Rendering emergency or nonemergency care without being
certified except as provided in ORS 30.800.
(p) Rendering emergency or nonemergency care as an EMT without
written authorization and standing orders from a supervising
physician who has been approved by the board in accordance with
ORS 682.245.
(q) Refusing an invitation for an interview with the department
as specified in this section.
(3) The department may investigate any evidence that appears to
show that an EMT certified by the department is or may be
medically incompetent, guilty of unprofessional or dishonorable
conduct or mentally or physically unable to safely function as an
EMT. The department may investigate the off-duty conduct of an
EMT to the extent that such conduct may reasonably raise
questions about the ability of the EMT to perform the duties of
an EMT in accordance with the standards established by this
chapter. Upon receipt of a complaint about an EMT or applicant,
the department shall conduct an investigation as described under
ORS 676.165. An investigation shall be conducted in accordance
with ORS 676.175.
(4) Any health care facility licensed under ORS 441.015 to
441.087 and 441.820, any medical or osteopathic physician
licensed under ORS chapter 677, any owner of an ambulance
licensed under this chapter or any EMT certified under this
chapter shall report to the department any information the person
may have that appears to show that an EMT is or may be medically
incompetent, guilty of unprofessional or dishonorable conduct or
mentally or physically unable to safely function as an EMT.
(5) If, in the opinion of the department, it appears that the
information provided to it under provisions of this section is or
may be true, the department may request an interview with the
EMT. At the time the department requests an interview, the EMT
shall be provided with a general statement of the issue or issues
of concern to the department. The request shall include a
statement of the procedural safeguards available to the EMT,
including the right to end the interview on request, the right to
have counsel present and the following statement: 'Any action
proposed by the Department of { - Human Services - }
{ + Public Health + } shall provide for a contested case
hearing. '
(6) Information regarding an ambulance service provided to the
department pursuant to this section is confidential and shall not
be subject to public disclosure, nor shall it be admissible as
evidence in any judicial proceeding. Information that the
department obtains as part of an investigation into emergency
medical technician or applicant conduct or as part of a contested
case proceeding, consent order or stipulated agreement involving
emergency medical technician or applicant conduct is confidential
as provided under ORS 676.175. Information regarding an ambulance
service does not become confidential due to its use in a
disciplinary proceeding against an emergency medical technician.
(7) Any person who reports or provides information to the
department under this section and who provides information in
good faith shall not be subject to an action for civil damage as
a result thereof.
(8) In conducting an investigation under subsection (3) of this
section, the department may:
(a) Take evidence;
(b) Take depositions of witnesses, including the person under
investigation, in the manner provided by law in civil cases;
(c) Compel the appearance of witnesses, including the person
under investigation, in the manner provided by law in civil
cases;
(d) Require answers to interrogatories; and
(e) Compel the production of books, papers, accounts, documents
and testimony pertaining to the matter under investigation.
(9) The department may issue subpoenas to compel compliance
with the provisions of subsection (8) of this section. If any
person fails to comply with a subpoena issued under this
subsection, or refuses to testify on matters on which the person
may lawfully be interrogated, a court may compel obedience as
provided in ORS 183.440.
SECTION 336. ORS 682.185 is amended to read:
682.185. (1) The Department of { - Human Services - }
{ + Public Health + } may discipline, as provided in this
section, an ambulance service or any person certified as an
emergency medical technician or first responder in this state who
has:
(a) Admitted the facts of a complaint which alleges facts which
establish that such person is guilty of violation of one or more
of the grounds for suspension or revocation of a certificate as
set forth in ORS 682.175 or that an ambulance service has
violated the provisions of this chapter or the rules adopted
thereunder.
(b) Been found guilty in accordance with ORS 183.310 to 183.550
of violation of one or more of the grounds for suspension or
revocation of certification as set forth in ORS 682.175 or that
an ambulance service has violated the provisions of this chapter
or the rules adopted thereunder.
(2) The purpose of disciplining an EMT under this section is to
ensure that the EMT will provide services that are consistent
with the obligations of this chapter. Prior to taking final
disciplinary action, the department shall determine if the EMT
has been disciplined for the questioned conduct by the EMT's
employer or supervising physician. The department shall consider
any such discipline or any other corrective action in deciding
whether additional discipline or corrective action by the
department is appropriate.
(3) In disciplining an EMT or ambulance service as authorized
by subsection (1) of this section, the department may use any or
all of the following methods:
(a) Suspend judgment.
(b) Issue a letter of reprimand.
(c) Issue a letter of instruction.
(d) Place the EMT or ambulance service on probation.
(e) Suspend the EMT certificate or ambulance service license.
(f) Revoke the EMT certificate or ambulance service license.
(g) Place limitations on the certificate of the EMT to practice
emergency or nonemergency care in this state or place limitations
on the license of the ambulance service.
(h) Take such other disciplinary action as the department in
its discretion finds proper, including assessment of the costs of
the disciplinary proceedings as a civil penalty or assessment of
a civil penalty not to exceed $5,000, or both.
(4) In addition to the action authorized by subsection (3) of
this section, the department may temporarily suspend a
certificate or license without a hearing, simultaneously with the
commencement of proceedings under ORS 183.310 to 183.550 if the
department finds that evidence in its possession indicates that a
continuation in practice of the EMT or operation of the ambulance
service constitutes an immediate danger to the public.
(5) If the department places any EMT or ambulance service on
probation as set forth in subsection (3)(d) of this section, the
department may determine, and may at any time modify, the
conditions of the probation and may include among them any
reasonable condition for the purpose of protection of the public
and for the purpose of the rehabilitation of the EMT or ambulance
service, or both. Upon expiration of the term of probation,
further proceedings shall be abated if the EMT or ambulance
service has complied with the terms of the probation.
(6) If an EMT certified in this state is suspended, the holder
of the certificate may not practice during the term of
suspension.
(7) If an ambulance service licensed in this state is
suspended, the ambulance service may not operate in this state
during the term of the suspension, provided that the department
shall condition such suspension upon such arrangements as may be
necessary to assure the continued availability of ambulance
service in the area served by that ambulance service. Upon
expiration of the term of suspension, the certificate or license
shall be reinstated by the department if the conditions for which
the certificate or license was suspended no longer exist.
(8) Whenever an EMT certificate or ambulance service license is
denied or revoked for any cause, the department may, in its
discretion, after { - the lapse - } { + a period + } of two
years from the date of { - such - } { + the denial or + }
revocation, upon written application by the person formerly
certified or licensed and after a hearing, issue { - or restore
the - } { + an + } EMT certificate or ambulance service
license { + to the person + }.
(9) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
SECTION 337. ORS 682.195 is amended to read:
682.195. (1) The Department of { - Human Services - }
{ + Public Health + } shall appoint a State Emergency Medical
Service Committee composed of 18 members as follows:
(a) Seven physicians licensed under ORS chapter 677 whose
practice consists of routinely treating emergencies such as
cardiovascular illness or trauma, appointed from a list submitted
by the Board of Medical Examiners.
(b) Four emergency medical technicians whose practices consist
of routinely treating emergencies, including but not limited to
cardiovascular illness or trauma, at least one of whom is at the
lowest level of emergency medical technician certification
established by the department at the time of appointment. EMTs
appointed pursuant to this paragraph shall be selected from lists
submitted by each area trauma advisory board. The lists shall
include nominations from entities including but not limited to
organizations that represent emergency care providers in Oregon.
(c) One volunteer ambulance operator, one person representing
governmental agencies that provide ambulance services and one
person representing a private ambulance company.
(d) One hospital administrator.
(e) One nurse who has served at least two years in the capacity
of an emergency department nurse.
(f) One representative of an emergency dispatch center.
(g) One community college or licensed career school
representative.
(2) The committee shall include at least one resident but no
more than three residents from each region served by one area
trauma advisory board at the time of appointment.
(3) Appointments shall be made for a term of four years in a
manner to preserve insofar as possible the representation of the
organization described in subsection (1) of this section.
Vacancies shall be filled for any unexpired term as soon as the
department can make such appointments. The committee shall choose
its own chairperson and shall meet at the call of the chairperson
or the { - department administrator - } { + Director of
Public Health + }.
(4) The State Emergency Medical Service Committee shall:
(a) Advise the department concerning the adoption, amendment
and repeal of rules authorized by this chapter;
(b) Assist the Emergency Medical Services and Trauma Systems
Program in providing state and regional emergency medical
services coordination and planning;
(c) Assist communities in identifying emergency medical service
system needs and quality improvement initiatives;
(d) Assist the Emergency Medical Services and Trauma Systems
Program in prioritizing, implementing and evaluating emergency
medical service system quality improvement initiatives identified
by communities;
(e) Review and prioritize rural community emergency medical
service funding requests and provide input to the Rural Health
Coordinating Council; and
(f) Review and prioritize funding requests for rural community
emergency medical service training and provide input to the Area
Health Education Center program.
(5) The chairperson of the committee shall appoint a
subcommittee on EMT certification and discipline, consisting of
five physicians and four EMTs. The subcommittee shall advise the
department and the board on the adoption, amendment, repeal and
application of rules concerning ORS 682.135 to 682.175 and
682.245. The decisions of this subcommittee shall not be subject
to the review of the full State Emergency Medical Service
Committee.
(6) Members are entitled to compensation as provided in ORS
292.495.
SECTION 338. ORS 682.205 is amended to read:
682.205. (1) Each county shall develop a plan for the county or
two or more contiguous counties may develop a plan relating to
the need for and coordination of ambulance services and establish
one or more ambulance service areas consistent with the plan for
the efficient and effective provision of ambulance services.
(2) Each person, city or rural fire protection district within
the county that provides or desires to provide ambulance services
shall notify the county in writing if the person, city or
district wants to be consulted prior to the adoption or amendment
of a county plan for ambulance services.
(3) Prior to adopting or amending a plan under subsection (1)
of this section, a county shall notify each person, city or
district that notified the county under subsection (2) of this
section of its desire to be consulted. The county governing body
shall consult with and seek advice from such persons, cities and
districts with regard to the plan and to the boundaries of any
ambulance service areas established under the plan. After such
consultation, the county shall adopt or amend a plan in the same
manner as the county enacts nonemergency ordinances.
(4) Any plan developed and any service area established
pursuant to subsection (1) of this section shall be submitted to
the Department of { - Human Services - } { + Public
Health + }.
(5) The department, in consultation with the appropriate bodies
specified in subsection (1) of this section, shall adopt rules
pursuant to ORS 183.310 to 183.550 that specify those subjects to
be addressed and considered in any plan for ambulance services
and areas under subsection (1) of this section and those subjects
to be addressed and considered in the adoption of any such plan.
The rules shall be uniform, as far as practicable, but take into
consideration unique circumstances of local districts.
(6) The department shall review a plan submitted under
subsection (4) of this section for compliance with the rules of
the department adopted under subsection (5) of this section. Not
later than 60 days after receiving the plan, the department shall
approve the plan if it complies with the rules or disapprove the
plan. The department shall give written notice of such action to
the county and, when a plan is not approved, the notice shall
indicate specifically how the plan does not comply with the rules
of the department. The county shall modify the plan to comply
with the rules and shall submit the modified plan to the
department for review under this subsection.
(7) The rules adopted under subsection (5) of this section
shall be enforceable by the department in a proceeding in circuit
court for equitable relief.
(8) This section does not require a county to establish more
than one ambulance service area within the county.
SECTION 339. ORS 682.215 is amended to read:
682.215. (1) In accordance with ORS 183.310 to 183.550, the
Department of { - Human Services - } { + Public Health + }
may adopt and may when necessary amend or repeal such rules as
are necessary for carrying out this chapter.
(2) The department is authorized and directed to establish
appropriate rules in accordance with the provisions of ORS
183.310 to 183.550 concerning the administration of this chapter.
Such rules may deal with, but are not limited to, such matters as
criteria for requirements, types and numbers of emergency
vehicles including supplies and equipment carried, requirements
for the operation and coordination of ambulances and other
emergency care systems, criteria for the use of two-way
communications, procedures for summoning and dispatching aid and
other necessary and proper matters.
SECTION 340. ORS 682.225 is amended to read:
682.225. (1) The Department of { - Human Services - }
{ + Public Health + }, in consultation with the State Emergency
Medical Service Committee, shall adopt rules specifying minimum
requirements for ambulance services, and for staffing and medical
and communications equipment requirements for all types of
ambulances. The rules shall define the requirements for advanced
life support and basic life support units of emergency vehicles,
including equipment and emergency medical technician staffing of
the passenger compartment when a patient is being transported in
emergency circumstances.
(2) The department may waive any of the requirements imposed by
this chapter in medically disadvantaged areas as determined by
the Director of { - Human Services - } { + Public Health + },
or upon a showing that a severe hardship would result from
enforcing a particular requirement.
(3) The department shall exempt from rules adopted under this
section air ambulances that do not charge for the provision of
ambulance services.
SECTION 341. ORS 682.245 is amended to read:
682.245. (1) The Board of Medical Examiners for the State of
Oregon shall adopt by rule a scope of practice for emergency
medical technicians at such levels as may be established by the
Department of { - Human Services - } { + Public Health + }
and for first responders.
(2) The board shall adopt by rule standards for the
qualifications and responsibilities of supervising physicians.
(3) The standing orders for emergency medical technicians and
first responders may not exceed the scope of practice defined by
the board.
(4) No emergency medical technician shall provide patient care
or treatment without written authorization and standing orders
from a supervising physician who has been approved by the board.
(5) The policies and procedures for applying and enforcing this
section may be delegated in whole or in part to the department.
SECTION 342. ORS 682.255 is amended to read:
682.255. (1) It is unlawful for any person or governmental unit
to:
(a) Intentionally make any false statement on an application
for an ambulance service license, ambulance vehicle license or
for certification as an emergency medical technician or first
responder or on any other documents required by the Department of
{ - Human Services - } { + Public Health + }; or
(b) Make any misrepresentation in seeking to obtain or retain a
certification or license.
(2) Any violation described in subsection (1) of this section
is also grounds for denial, suspension or revocation of a
certification or license under ORS 682.175.
SECTION 343. ORS 682.275 is amended to read:
682.275. (1) As used in this section, 'political subdivision'
includes counties, cities, districts, authorities and other
public corporations and entities organized and existing under
statute or charter.
(2) An ordinance of any political subdivision regulating
ambulance services or emergency medical technicians shall not
require less than is required under ORS 820.300 to 820.380, or
this chapter or the rules adopted by the Department of
{ - Human Services - } { + Public Health + } under this
chapter.
(3) When a political subdivision enacts an ordinance regulating
ambulance services or emergency medical technicians, the
ordinance must comply with the county plan for ambulance services
and ambulance service areas adopted under ORS 682.205 by the
county in which the political subdivision is situated and with
the rules of the department relating to such services and service
areas. The determination of whether the ordinance is in
compliance with the county plan shall be made by the county
governing body.
SECTION 344. ORS 682.285 is amended to read:
682.285. (1) The Department of { - Human Services - }
{ + Public Health + } may grant exemptions or variances from one
or more of the requirements of ORS 820.330 to 820.380 or this
chapter or the rules adopted thereunder to any class of vehicles
if it finds that compliance with such requirement or requirements
is inappropriate because of special circumstances which would
render compliance unreasonable, burdensome or impractical due to
special conditions or cause, or because compliance would result
in substantial curtailment of necessary ambulance service. Such
exemptions or variances may be limited in time or may be
conditioned as the department considers necessary to protect the
public welfare.
(2) In determining whether or not a variance shall be granted,
the advice of the State Emergency Medical Service Committee shall
be received and in all cases the equities involved and the
advantages and disadvantages to the welfare of patients and the
owners of vehicles shall be weighed by the department.
(3) Rules under this section shall be adopted, amended or
repealed in accordance with ORS 183.330.
SECTION 345. ORS 682.295 is amended to read:
682.295. The Department of { - Human Services - }
{ + Public Health + } may receive and disburse such federal
funds as may be available for carrying out any of the provisions
of ORS 820.330 to 820.380 or this chapter.
SECTION 346. ORS 682.991 is amended to read:
682.991. (1) Violation of any provision of ORS 682.047 (5),
682.135 or 682.255 is a Class A misdemeanor. Each day of
continuing violation shall be considered a separate offense.
(2) Violation of any provision of this chapter is a
misdemeanor. In any prosecution for such violation it shall be
sufficient to sustain a conviction to show a single act of
conduct in violation of any of the provisions of this chapter and
it shall not be necessary to show a general course of such
conduct.
(3) In addition to the penalties under this section, the
Department of { - Human Services - } { + Public Health + }
may assess civil penalties of up to $5,000 per violation against
any entity or person licensed under this chapter or subject to
licensure under this chapter.
SECTION 347. ORS 685.055 is amended to read:
685.055. The Director of { - Human Services - } { + Public
Health + } shall not discriminate between licensed naturopathic
physicians and any other person authorized by law to render
professional services that a licensed naturopathic physician may
render, when such services are required. If the Department of
{ - Human Services - } { + Public Health + } is responsible
for paying for such services, the services shall be paid for in
the same manner and under the same standards as similar
professional services.
SECTION 348. ORS 685.160 is amended to read:
685.160. (1) There hereby is created the Board of Naturopathic
Examiners in the Department of { - Human Services - }
{ + Public Health + }. The board shall consist of five members
appointed by the Governor for terms of three years commencing
July 1, and until their successors are appointed and qualified. A
majority of the members of the board constitutes a quorum. The
Governor shall fill all vacancies in the membership of the board.
All appointments of members of the board by the Governor are
subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565.
(2) Of the membership of the Board of Naturopathic Examiners:
(a) All members must be citizens of this state.
(b) Four members shall be naturopaths who have each practiced
continuously in this state for the five years immediately prior
to the date of appointment.
(c) One shall be a member of the general public who does not
possess the qualifications set forth in paragraph (b) of this
subsection.
(3) The board shall carry into effect the provisions of this
chapter and is authorized to issue licenses to practice
naturopathic medicine in this state. The possession of a common
seal by the board hereby is authorized.
SECTION 349. ORS 685.201 is amended to read:
685.201. All moneys received by the Department of { - Human
Services - } { + Public Health + } under this chapter shall be
paid into the General Fund in the State Treasury and placed to
the credit of the Public Health Account and such moneys hereby
are appropriated continuously and shall be used only for the
administration and enforcement of this chapter.
SECTION 350. ORS 686.210 is amended to read:
686.210. (1) There is created the Oregon State Veterinary
Medical Examining Board in the Department of { - Human
Services - } { + Public Health + } which shall carry out the
purposes and enforce the provisions of this chapter. The board
shall consist of seven members appointed by the Governor for a
term of four years. Appointments made by the Governor to the
board may be selected from a list of five names for each
appointment suggested by the Oregon Veterinary Medical
Association. Five members shall be licensed to practice
veterinary medicine, surgery and dentistry in this state. Two
members shall be public members. Any appointments to fill
vacancies by reason of death, resignation or removal shall be
made by the Governor for the residue of the term of the retiring
member. All appointments of members of the board by the Governor
are subject to confirmation by the Senate in the manner provided
in ORS 171.562 and 171.565.
(2) The board may appoint an executive secretary. Nothing in
this chapter shall be construed to prevent assistance being
rendered by the executive secretary of the board in any hearing
called by it.
(3) Pursuant to ORS 183.310 to 183.550 the board may adopt
rules necessary for the administration of this chapter.
SECTION 351. ORS 686.246 is amended to read:
686.246. All moneys received by the Department of { - Human
Services - } { + Public Health + } under this chapter shall be
paid into the General Fund in the State Treasury and placed to
the credit of the Public Health Account and such moneys hereby
are appropriated continuously and shall be used only for the
administration and enforcement of this chapter.
SECTION 352. ORS 688.545 is amended to read:
688.545. (1) There is created in the Department of { - Human
Services - } { + Public Health + } a Board of Radiologic
Technology consisting of seven members who shall be appointed by
the Governor. Each member of the board shall be a citizen of the
United States and a resident of the State of Oregon. One member
shall be a radiologist. One member shall be a lay person. Five
members shall be licensed practicing radiologic technologists,
one of whom shall be a radiation therapist. Each appointed member
shall be entitled to vote.
(2) { - The Director of the Radiation Control Section of the
Department of Human Services, or a person appointed by the
director, shall be - } { + The Director of Public Health shall
appoint a person from the State Radiation Control Agency who
shall serve as + } an advisory member of the board for the
purpose of providing counsel and shall not be entitled to vote.
(3) The term of office of the members of the board shall be
three years and a member may be reappointed to serve not more
than two full terms.
(4) Members of the board shall be entitled to compensation and
expenses as provided in ORS 292.495.
(5) The board shall annually elect the board chairperson from
the members of the board.
(6) For the purpose of transacting its business, the board
shall meet at least once every three months at times and places
designated by resolution. Special meetings may also be held at
such times as the board may elect or at the call of the
chairperson. A written notice of the time, place and purpose of
any special meeting shall be mailed to all members of the board
at least 15 days before the date of the meeting. All meetings are
subject to ORS 192.610 to 192.690.
(7) Four members of the board shall constitute a quorum for the
transaction of business at any meeting. Four affirmative votes
shall be required to take action.
SECTION 353. ORS 688.595 is amended to read:
688.595. The Director of { - the Radiation Control Section of
the Department of Human Services - } { + Public Health + }
shall enforce the provisions of ORS 688.405 to 688.605 and shall
conduct, under the direction of the Board of Radiologic
Technology, inspections in furtherance of the purposes of ORS
688.405 to 688.605.
SECTION 354. ORS 688.625 is amended to read:
688.625. As used in ORS 688.625 to 688.665:
(1) 'Dialysis facility or center' means a place awarded
conditional or unconditional status by the federal Health Care
Financing Administration.
(2) 'End stage renal disease' means a condition that requires
either the replacement of kidney functions through renal
transplantation or the permanent assistance of those functions
through dialysis.
(3) 'Hemodialysis technician' means a person certified by the
Department of { - Human Services - } { + Public Health + }
under ORS 688.650.
SECTION 355. ORS 688.630 is amended to read:
688.630. { - After January 1, 2000, - } It is unlawful:
(1) For any person to act as a hemodialysis technician without
being certified by the Department of { - Human Services - }
{ + Public Health + }.
(2) For any dialysis facility or center to authorize a person
to act for it as a hemodialysis technician without being
certified by the department.
SECTION 356. ORS 688.635 is amended to read:
688.635. (1) A person certified as a hemodialysis technician
may, under the direct supervision of a physician licensed under
ORS chapter 677 or a registered nurse licensed under ORS 678.010
to 678.410, perform functions as determined by rules adopted by
the Department of { - Human Services - } { + Public
Health + }, in consultation with the Board of Medical Examiners
and the Oregon State Board of Nursing.
(2) A hemodialysis technician shall not:
(a) Administer medications by oral, intramuscular, intravenous
or subcutaneous means except as specified under rules adopted by
the department pursuant to subsection (1) of this section.
(b) Determine the frequency, duration or nature of dialysis
treatments or alter any treatment prescribed by a licensed health
professional.
(c) Engage in any health care activity requiring a license
except as authorized under rules adopted by the department
pursuant to subsection (1) of this section.
SECTION 357. ORS 688.640 is amended to read:
688.640. (1) For any person to be certified as a hemodialysis
technician, an application for certification shall be made to the
Department of { - Human Services - } { + Public Health + }.
The application shall be upon forms prescribed by the department
and shall contain:
(a) The name and address of the applicant.
(b) The name and location of the training course successfully
completed by the applicant and the date of completion and, if an
extended period of time has elapsed since the completion of the
training, of the required amount of continuing education.
(c) Such other information as the department may reasonably
require to determine compliance with applicable provisions of ORS
688.625 to 688.665 and the rules adopted thereunder.
(2) The department, in consultation with the Board of Medical
Examiners and the Oregon State Board of Nursing, shall adopt
rules establishing initial training and continuing education
requirements.
SECTION 358. ORS 688.645 is amended to read:
688.645. (1) An initial application fee shall be submitted with
the application for hemodialysis technician certification. If the
applicant is taking an examination administered by the Department
of { - Human Services - } { + Public Health + }, an
additional fee shall be charged for the examination.
(2) The department may charge a fee for late renewal of a
certificate and for issuance of any duplicate certificate.
(3) Subject to the review of the Oregon Department of
Administrative Services, the fees and charges established under
this section shall not exceed the cost of administering the
certification program of the Department of { - Human
Services - } { + Public Health + } pertaining to the purpose
for which the fee or charge is established, as authorized by the
Legislative Assembly for the Department of { - Human
Services' - } { + Public Health + } budget, as the budget may
be modified by the Emergency Board.
(4) All moneys received by the Department { + of Public
Health + } under ORS 688.625 to 688.665 shall be paid into the
General Fund in the State Treasury and placed to the credit of
the { - department account - } { + Public Health Account + }
and such moneys hereby are appropriated continuously and shall be
used only for the administration and enforcement of ORS 688.625
to 688.665.
SECTION 359. ORS 688.650 is amended to read:
688.650. (1) When application has been made as required under
ORS 688.640, the Department of { - Human Services - }
{ + Public Health + } shall certify the applicant as a
hemodialysis technician if it finds:
(a) The applicant has successfully completed the training
requirement adopted by the department.
(b) A fee has been paid to the department pursuant to ORS
688.645.
(c) The applicant has successfully completed an examination
administered by the department or administered by another public
or private entity and approved by the department.
(d) The applicant meets any other requirements prescribed by
rule of the department.
(2) The department may provide for the issuance of a temporary
or provisional certification for a person to practice as a
hemodialysis technician until the person has taken and passed the
next held certification examination available to the person and
has received a certificate. The department may impose any
conditions or limitations on a temporary or provisional
certificate that the department considers reasonable and
necessary to protect the public. A temporary or provisional
certificate may be held only by a person who:
(a) Has not received a failing grade on a certification
examination approved or administered by the department; and
(b)(A) Has successfully completed the initial training required
by department rule; or
(B) Is currently working in this or another state as a
hemodialysis technician and is enrolled in a program offering the
initial training required by department rule.
(3) Each person holding a certificate under this section shall
submit, at the time of application for renewal of the certificate
to the department, evidence of the applicant's satisfactory
completion of any continuing education requirements prescribed by
rule by the department.
(4) The department shall prescribe criteria and approve
programs of continuing education.
(5) Each certification issued under this section, unless sooner
suspended or revoked, shall expire and be renewable after a
period of two years. Each certificate must be renewed on or
before June 30 of every second year. The department by rule shall
establish a schedule of certificate renewals under this
subsection and shall prorate the fees to reflect any shorter
certificate period.
SECTION 360. ORS 688.655 is amended to read:
688.655. (1) The certification of a hemodialysis technician may
be denied, suspended or revoked in accordance with the provisions
of ORS 183.310 to 183.550 for any of the following:
(a) Failure to complete continuing education requirements.
(b) The use of fraud or deception in receiving a certificate.
(c) Habitual or excessive use of intoxicants or drugs.
(d) The presence of a mental disorder that demonstrably affects
a technician's performance, as certified by two psychiatrists
retained by the Department of { - Human Services - }
{ + Public Health + }.
(e) Conviction of a criminal offense that the department
considers reasonably related to the fitness of the person to
practice hemodialysis.
(f) Suspension or revocation of a hemodialysis technician
certificate issued by another state.
(g) Gross negligence or repeated negligence in rendering
hemodialysis care.
(h) Any reason identified by department rule as rendering the
applicant unfit to perform the duties of a hemodialysis
technician.
(2) The department may investigate any evidence that appears to
show that a hemodialysis technician certified by the department
is or may be medically incompetent or is or may be guilty of
unprofessional or dishonorable conduct or is or may be mentally
or physically unable to safely function as a hemodialysis
technician.
(3) Any dialysis facility or center, any hemodialysis
technician certified under ORS 688.650, any physician licensed
under ORS chapter 677 or any registered nurse licensed under ORS
678.010 to 678.410 shall report to the department any information
the person may have that appears to show that a hemodialysis
technician is or may be medically incompetent or is or may be
guilty of unprofessional or dishonorable conduct or is or may be
mentally or physically unable to safely function as a
hemodialysis technician.
(4) Information provided to the department pursuant to this
section is confidential and shall not be subject to public
disclosure, nor shall it be admissible as evidence in any
judicial proceeding.
(5) Any person who reports or provides information to the
department under this section and who provides information in
good faith shall not be subject to an action for civil damage as
a result thereof.
SECTION 361. ORS 688.660 is amended to read:
688.660. (1) The Department of { - Human Services - }
{ + Public Health + } may discipline a person certified as a
hemodialysis technician who has:
(a) Admitted the facts of a complaint alleging the person is
guilty of violation of one or more of the grounds for suspension
or revocation of a certificate as set forth in ORS 688.655.
(b) Been found guilty in accordance with ORS 183.310 to 183.550
of violation of one or more of the grounds for suspension or
revocation of certification as set forth in ORS 688.655.
(2) In disciplining a technician, the department may use any or
all of the following methods:
(a) Suspend judgment.
(b) Place the technician on probation.
(c) Suspend the technician's certificate.
(d) Revoke the technician's certificate.
(e) Place limitations on the ability of the technician to
practice hemodialysis in this state.
(f) Take such other disciplinary action as the department in
its discretion finds proper, including assessment of the costs of
the disciplinary proceedings, not to exceed $1,000, as a civil
penalty or assessment of a civil penalty not to exceed $1,000.
(3) In addition to the action authorized by subsection (2) of
this section, the department may temporarily suspend a
certificate or license without a hearing, simultaneously with the
commencement of proceedings under ORS 183.310 to 183.550, if the
department finds that evidence in its possession indicates that a
continuation in practice of the technician constitutes an
immediate danger to the public.
(4) If the department places a technician on probation, the
department may determine, and may at any time modify, the
conditions of the probation and may include among them any
reasonable condition for the purpose of protection of the public
and for the purpose of the rehabilitation of the technician. Upon
expiration of the term of probation, further proceedings shall be
abated if the technician has complied with the terms of the
probation.
(5) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
SECTION 362. ORS 688.665 is amended to read:
688.665. The Department of { - Human Services - }
{ + Public Health + } shall adopt rules that the department
considers necessary and proper to enforce ORS 688.625 to 688.665.
SECTION 363. ORS 689.135 is amended to read:
689.135. (1) The State Board of Pharmacy shall have such other
duties, powers and authority as may be necessary to the
enforcement of this chapter and to the enforcement of board rules
made pursuant thereto, which shall include, but are not limited
to, the following:
(a) Cause to have printed and circulated annually copies of any
changes in the laws relating to pharmacy, controlled substances,
drugs and poisons and the rules adopted to enforce such laws, and
set reasonable charges therefor.
(b) Appoint advisory committees.
(2) The board may join such professional organizations and
associations organized exclusively to promote the improvement of
the standards of the practice of pharmacy for the protection of
the health and welfare of the public and whose activities assist
and facilitate the work of the board.
(3) In addition to any statutory requirements, the board may
require such surety bonds as it deems necessary to guarantee the
performance and discharge of the duties of any officer or
employee receiving and disbursing funds.
(4) The executive director of the board shall keep the seal of
the board and shall affix it only in such manner as may be
prescribed by the board.
(5) The board shall determine within 30 days prior to the
beginning of each state fiscal year the fees to be collected for:
(a) Examinations and reexaminations, which fee shall not exceed
$400.
(b) Pharmacist licenses, which fee shall not exceed $250.
(c) Pharmacist licensing by reciprocity, which fee shall not
exceed $300.
(d) Intern license, which fee shall not exceed $50.
(e) Duplicate pharmacist certificate, which fee shall not
exceed $50.
(f) Pharmacist license, delinquent renewal fee, which fee shall
not exceed $50.
(g) Certification of approved providers of continuing education
courses, which fee shall not exceed $300.
(h) Registration of drug outlets other than pharmacies and
renewal of registration, which fee shall not exceed $500.
(i) Initial pharmacy or institutional drug outlet, which fee
shall not exceed $300.
(j) Annual pharmacy or institutional drug outlet, which fee
shall not exceed $300.
(k) Pharmacy or institutional drug outlet delinquent renewal
fee, which fee shall not exceed $200.
(L) Nonprescription drug outlets, which fee shall not exceed
$50.
(m) Nonprescription drug outlet delinquent renewal fee, which
fee shall not exceed $50.
(n) Reinspection fee, which fee shall not exceed $100.
(o) Drug outlets, other than pharmacies or institutional drug
outlets, delinquent renewal fee, which fee shall not exceed $100.
(6) All moneys collected either as costs or fines under ORS
435.010 to 435.130, 453.175, 453.185 and 453.990 and this chapter
shall be paid by the magistrate or other officer receiving them
to the treasurer of the county where the prosecution is
conducted. These moneys shall be applied, first, to the payment
of the costs of such prosecution; the remainder shall be paid by
the county treasurer to the General Fund in the State Treasury
and, in the case of:
(a) All moneys except criminal fines, placed to the credit of
the Public Health Account and such moneys hereby are appropriated
continuously and shall be used only for the administration and
enforcement of ORS 435.010 to 435.130 and this chapter.
(b) Criminal fines, placed to the credit of the Criminal Fine
and Assessment Account.
(7) All moneys received by the Department of { - Human
Services - } { + Public Health + } under ORS 435.010 to 435.130,
453.185 and 453.990 and this chapter shall be paid into the
General Fund in the State Treasury and placed to the credit of
the Public Health Account and such moneys hereby are appropriated
continuously and shall be used only for the administration and
enforcement of ORS 435.010 to 435.130 and this chapter.
(8) The board may receive and expend funds, in addition to its
annual biennial appropriation, from parties other than the state,
provided:
(a) Such moneys are awarded for the pursuit of a specific
objective which the board is authorized to accomplish by this
chapter, or which the board is qualified to accomplish by reason
of its jurisdiction or professional expertise;
(b) Such moneys are expended for the pursuit of the objective
for which they are awarded;
(c) Activities connected with or occasioned by the expenditures
of such funds do not interfere with or impair the performance of
the board's duties and responsibilities and do not conflict with
the exercise of the board's powers as specified by this chapter;
(d) Such moneys are kept in a separate, special state account;
and
(e) Periodic reports are made to the Governor concerning the
board's receipt and expenditure of such moneys.
(9) The board may assign to each drug outlet under its
jurisdiction, a uniform state number, coordinated where possible
with all other states which adopt the same uniform numbering
system.
(10) The board or its authorized representatives shall also
have power to investigate and gather evidence concerning alleged
violations of the provisions of this chapter or of the rules of
the board.
(11) The president and vice president of the board may
administer oaths in connection with the duties of the board.
(12) The books, registers and records of the board as made and
kept by the executive director or under the supervision of the
executive director, subject to the direction of the board, shall
be prima facie evidence of the matter recorded therein, in any
court of law.
(13) The board may administer oaths, issue notices and
subpoenas in the name of the board, enforce subpoenas in the
manner authorized by ORS 183.440, hold hearings and perform such
other acts as are reasonably necessary to carry out its duties
under this chapter.
(14)(a) Notwithstanding anything in this chapter to the
contrary, whenever a duly authorized representative of the board
finds or has probable cause to believe that any drug or device is
adulterated, misbranded or a new drug, as defined in Section
201(p) of the Federal Food, Drug and Cosmetic Act, for which
there is no approval in effect pursuant to Section 505(b) of the
federal Act nor an approved notice of claimed investigational
exemption pursuant to Section 505(i) of the federal Act, or
otherwise rendered unsafe for use as a result of fire, flood or
other natural disaster, the representative shall affix to such
drug or device a tag or other appropriate marking giving notice
that such article is or is suspected of being adulterated,
misbranded, or otherwise rendered unsafe and has been detained or
embargoed and warning all persons not to remove or dispose of
such article by sale or otherwise until provision for removal or
disposal is given by the board, its agent or the court. No person
shall remove or dispose of such embargoed drug or device by sale
or otherwise without the permission of the board or its agent or,
after summary proceedings have been instituted, without
permission from the court.
(b) When a drug or device detained or embargoed under paragraph
(a) of this subsection has been declared by such representative
to be adulterated, misbranded or a new drug, or rendered unsafe,
the board shall, as soon as practical thereafter, petition the
judge of the circuit court in whose jurisdiction the article is
detained or embargoed for an order for condemnation of such
article. If the judge determines that the drug or device so
detained or embargoed is not adulterated or misbranded or
rendered unsafe, the board shall direct the immediate removal of
the tag or other marking.
(c) If the court finds the detained or embargoed drug or device
is adulterated or misbranded or rendered unsafe, such drug or
device, after entry of the decree, shall be destroyed at the
expense of the owner under the supervision of a board
representative and all court costs and fees, storage and other
proper expense shall be borne by the owner of such drug or
device. When the adulteration or misbranding can be corrected by
proper labeling or processing of the drug or device, the court,
after entry of the decree and after such costs, fees and expenses
have been paid and a good and sufficient bond has been posted,
may direct that such drug or device be delivered to the owner
thereof for such labeling or processing under the supervision of
a board representative. Expense of such supervision shall be paid
by the owner. Such bond shall be returned to the owner of the
drug or device on representation to the court by the board that
the drug or device is no longer in violation of the embargo and
the expense of supervision has been paid.
(d) It is the duty of the Attorney General to whom the board
reports any violation of this subsection to cause appropriate
proceedings to be instituted in the proper court without delay
and to be prosecuted in the manner required by law. Nothing in
this subsection shall be construed to require the board to report
violations whenever the board believes the public's interest will
be adequately served in the circumstances by a suitable written
notice or warning.
(15) Except as otherwise provided to the contrary, the board
shall exercise all of its duties, powers and authority in
accordance with ORS 183.310 to 183.550.
SECTION 364. ORS 689.645 is amended to read:
689.645. (1) In accordance with rules adopted by the State
Board of Pharmacy under ORS 689.205, a pharmacist may administer
vaccines and immunizations only to persons who are more than 18
years of age.
(2) The board is authorized to issue, to licensed pharmacists
who have completed training accredited by the Centers for Disease
Control and Prevention, the American Council on Pharmaceutical
Education or a similar health authority or professional body,
certificates of special competency in the administration of
vaccines and immunizations to persons more than 18 years of age.
(3) The board shall adopt rules relating to the reporting of
the administration of vaccines and immunizations to a patient's
primary health care provider and to the Department of { - Human
Services - } { + Public Health + }.
(4) The board shall adopt rules requiring pharmacists to
establish protocols for the administration of vaccines and
immunizations to persons more than 18 years of age.
(5) The board shall convene a volunteer Immunization Advisory
Committee consisting of no more than nine members for the purpose
of advising the board in promulgating rules under this section.
The committee shall consist of one representative from the
Department of { - Human Services - } { + Public Health + },
two representatives from the Board of Medical Examiners, two
representatives from the Oregon State Board of Nursing and two
representatives from the State Board of Pharmacy and no more than
two pharmacists other than the representatives from the State
Board of Pharmacy.
SECTION 365. ORS 691.405 is amended to read:
691.405. As used in ORS 691.405 to 691.585:
(1) 'American Dietetic Association' means the national
professional organization of dietitians that provides direction
and leadership for quality dietetic practice, education and
research.
(2) 'Board' means the Board of Examiners of Licensed Dietitians
established under ORS 691.485.
(3) 'Commission on Dietetic Registration' means the commission
on dietetic registration that is a member of the National
Commission for Health Certifying Agencies.
(4) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(5) 'Dietetics practice' means the integration and application
of principles derived from the sciences of nutrition,
biochemistry, food, management, physiology and behavioral and
social sciences to achieve and maintain the health of people
through:
(a) Assessing the nutritional needs of clients;
(b) Establishing priorities, goals and objectives that meet
nutritional needs of clients;
(c) Advising and assisting individuals or groups on appropriate
nutritional intake by integrating information from a nutritional
assessment with information on food and other sources of
nutrients and meal preparation; and
(d) Evaluating, making changes in and maintaining appropriate
standards of quality in food and nutrition services.
(6) 'Licensed dietitian' means a dietitian licensed as provided
in ORS 691.435.
SECTION 366. ORS 691.485 is amended to read:
691.485. (1) There is established a Board of Examiners of
Licensed Dietitians within the Department of { - Human
Services - } { + Public Health + } for the purpose of carrying
out and enforcing the provisions of ORS 691.405 to 691.585.
(2) The board shall consist of seven members appointed by the
department of which:
(a) Two are members of the general public;
(b) One is a physician trained in clinical nutrition; and
(c) Four are dietitians licensed under ORS 691.405 to 691.585
who have been engaged in the practice of dietetics for no fewer
than five years.
(3) Members of the board shall be appointed for three-year
terms and are eligible for reappointment, but none shall serve
more than two consecutive terms.
(4) Members of the board are entitled to compensation and
expenses as provided in ORS 292.495.
SECTION 367. ORS 691.565 is amended to read:
691.565. (1) All moneys received by the Department of
{ - Human Services - } { + Public Health + } under ORS 691.405
to 691.585 shall be deposited into the General Fund and placed to
the credit of the department, and such moneys shall be used only
for the administration and enforcement of ORS 691.405 to 691.585.
(2) All fines collected or received for violations of or
prosecutions under ORS 691.405 to 691.585 shall be paid into the
General Fund and placed for the credit of the Public Health
Account, and such moneys shall be continuously appropriated and
used only for the administration and enforcement of ORS 691.405
to 691.585.
SECTION 368. ORS 692.300 is amended to read:
692.300. (1) There is created the State Mortuary and Cemetery
Board in the Department of { - Human Services - } { + Public
Health + } to carry out the purposes and enforce the provisions
of this chapter. The board shall consist of 11 members. The
members of the board shall be as follows:
(a) Two members shall be licensed funeral service
practitioners. One of the members under this paragraph shall be a
funeral service practitioner who does not offer embalming.
(b) One member shall be a licensed embalmer.
(c) Three members shall be representatives of cemeteries, one
representing for-profit cemeteries, one representing a city or
county owned or operated cemetery and one representing a special
district owned or operated cemetery.
(d) One member shall be a representative of a crematorium.
(e) Four members shall be representatives of the public, one of
whom shall be a member of a recognized senior citizen
organization.
(2) The term of office of the members of the board shall be
four years ending on December 31. A member is eligible for no
more than two consecutive terms. They shall be appointed by the
Governor and hold office until the appointment and qualification
of their successors.
SECTION 369. ORS 692.375 is amended to read:
692.375. All moneys received by the Department of { - Human
Services - } { + Public Health + } under this chapter shall be
paid into the General Fund in the State Treasury and placed to
the credit of the Public Health Account. The moneys are
appropriated continuously and shall be used only for the
administration and enforcement of this chapter, for the
administration and enforcement of ORS 97.931 and for the purpose
of education of funeral service practitioners and embalmers.
SECTION 370. ORS 693.115 is amended to read:
693.115. (1) The State Plumbing Board is established in the
Department of Consumer and Business Services, consisting of seven
members appointed by the Governor. The appointment of a member of
the board is subject to confirmation by the Senate pursuant to
section 4, Article III of the Oregon Constitution.
(2) The members of the board shall be as follows:
(a) One journeyman plumber with 10 or more years' experience in
the trade or calling of journeyman plumber;
(b) One person who is registered to conduct a plumbing
business;
(c) One local plumbing inspector who is a journeyman plumber;
(d) One registered professional mechanical engineer;
(e) One officer or employee of the Department of { - Human
Services - } { + Public Health + };
(f) One plumbing equipment supplier who otherwise qualifies by
experience in the industry or one building official; and
(g) One member of the general public.
(3) The term of office of each member is four years and no
member shall be eligible for appointment to more than two full
terms of office, but a member serves at the pleasure of the
Governor. Before the expiration of the term of a member, the
Governor shall appoint a successor. If there is a vacancy for any
cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
(4) A member of the board shall receive compensation and
expenses as provided in ORS 292.495.
SECTION 371. ORS 701.505 is amended to read:
701.505. For the purposes of ORS 431.920 and 701.500 to
701.515:
(1) 'Abatement' has the meaning given that term in
P.L. 102-550, section 1004, 40 C.F.R. 745.223 { + (1997) + } and
as further defined pursuant to the authorities described in ORS
701.500.
(2) 'Accredited Training Program' means a training program that
has been accredited by the Department of { - Human Services - }
{ + Public Health + } to provide training for individuals
engaged in lead-based paint activities.
(3) 'Certified' means an action by the Department of
{ - Human Services - } { + Public Health + } verifying the
successful completion of a training program accredited by the
department and any other requirements.
(4) 'Discipline' means a specific type or category of
lead-based paint activity.
(5) 'Evaluation' has the meaning given that term in
P.L. 102-550, section 1004, and as further defined pursuant to
the authorities described in ORS 701.500.
(6) 'Inspection' has the meaning given that term in
P.L. 102-550, section 1004, 40 C.F.R. 745.223 { + (1997) + } and
as further defined pursuant to the authorities described in ORS
701.500.
(7) 'Lead-based paint' has the meaning given that term in P.L.
102-550, section 1004, and as further defined pursuant to the
authorities described in ORS 701.500.
(8) 'Lead-based paint activities' has the meaning given that
term in 40 C.F.R. 745.223 and as further defined pursuant to the
authorities described in ORS 701.500.
(9) 'Lead-based paint hazard' means any condition that causes
exposure to lead from lead-contaminated dust, lead-contaminated
soil, lead-contaminated paint that is deteriorated or present in
accessible surfaces, friction surfaces or impact surfaces that
would result in adverse human health effects as established by
the appropriate federal agency.
(10) 'Licensed' means a person who has been certified by the
Department of { - Human Services - } { + Public Health + } in
one or more disciplines and has completed the requirements of the
Construction Contractors Board.
(11) 'Registered' means a person or business that has met the
requirements for registration under this chapter.
SECTION 372. ORS 815.260 is amended to read:
815.260. (1) A person commits the offense of operation of a
recreational vehicle with unsealed disposal system if:
(a) The person has the use, possession or control of any
vehicle or structure constructed for movement on highways;
(b) The vehicle or structure is equipped with a plumbing, sink
or toilet fixture; and
(c) The disposal system for the vehicle or structure is
unsealed or uncapped while the vehicle or structure is in any way
or place of whatever nature open to the use of the public.
(2) For purposes of this section, a way or place open to the
use of the public includes, but is not limited to, highways,
roads, streets, alleys, lanes, trails, beaches, parks and
recreational use areas owned or operated by the state, a county
or local municipality for use by the general public.
(3) This section does not apply to disposal systems being
discharged into or connected with a sewage disposal system
approved by the Department of { - Human Services - }
{ + Public Health + }.
(4) The offense described in this section, operation of a
recreational vehicle with unsealed disposal system, is a Class C
traffic violation.
SECTION 373. ORS 820.330 is amended to read:
820.330. (1) A person commits the offense of failure to make,
maintain and make available ambulance records if the person
violates any of the following:
(a) When an ambulance is used in an emergency situation the
driver of the ambulance, within 24 hours after such use, must
cause to be made and must sign a record that complies with ORS
820.340.
(b) The owner of any ambulance must cause any record required
by this section to be preserved for not less than seven years.
(c) Upon demand of any district attorney, the custodian of any
record required under this section must make the record available
to that district attorney for the purpose of investigating any
alleged violation of ORS 820.320 by a driver of an ambulance.
(d) Upon demand of an authorized representative of the
Department of { - Human Services - } { + Public Health + },
the custodian of any record required under this section shall
make the record available to the authorized representative who
wishes to inspect the record for purposes of ascertaining
identities of emergency medical technicians as defined in ORS
682.025.
(2) This section does not apply to any person or ambulance
exempted by ORS 682.035 or 682.285 from regulation by the
Department of { - Human Services - } { + Public Health + }.
(3) Authority of political subdivisions to regulate records of
ambulances is limited under ORS 682.275.
(4) The offense described in this section, failure to make,
maintain and make available ambulance records, is a Class B
traffic violation.
SECTION 374. ORS 820.360 is amended to read:
820.360. (1) A person commits the offense of illegal ambulance
lighting equipment if the person drives or moves on any highway
or owns and causes or knowingly permits to be driven or moved on
any highway an ambulance that does not contain and is not at all
times equipped with warning lights in proper condition and
adjustment as required under ORS 820.350.
(2) This section does not apply to any person or ambulance
exempted by ORS 682.035 or 682.285 from regulation by the
Department of { - Human Services - } { + Public Health + }.
(3) Authority of political subdivisions to regulate warning
lights on ambulances is limited under ORS 682.275.
(4) The offense described under this section, illegal ambulance
lighting equipment, is a Class C traffic violation.
SECTION 375. ORS 820.380 is amended to read:
820.380. (1) A person commits the offense of illegal ambulance
or emergency vehicle sirens if the person drives or moves on any
highway or owns and causes or knowingly permits to be driven or
moved on any highway an ambulance or emergency vehicle that does
not contain and is not at all times equipped with sirens or other
audible signals in proper conditions and adjustment as required
under 820.370.
(2) This section does not apply to any ambulance or person
operating or owning an ambulance if the ambulance or person is
exempted by ORS 682.035 or 682.285 from regulation by the
Department of { - Human Services - } { + Public Health + }.
(3) Authority of political subdivisions to regulate sirens and
other audible signals is limited under ORS 682.275.
(4) The offense described under this section, illegal ambulance
or emergency vehicle sirens, is a Class C traffic violation.
SECTION 376. ORS 830.110 is amended to read:
830.110. In addition to the powers and duties otherwise
provided in this chapter, the State Marine Board shall have the
power and duty to:
(1) Make all rules necessary to carry out the provisions of
this chapter. The rules shall be made in accordance with ORS
183.310 to 183.550.
(2) Devise a system of identifying numbers for boats, floating
homes and boathouses. If an agency of the federal government has
an overall system of identification numbering for boats within
the United States, the system devised by the board shall conform
with the federal system.
(3) Cooperate with state and federal agencies to promote
uniformity of the laws relating to boating and their enforcement.
(4) Make contracts necessary to carry out the provisions of ORS
830.060 to 830.145, 830.700 to 830.715, 830.725, 830.730,
830.770, 830.780, 830.785, 830.795 to 830.820 and 830.830 to
830.870.
(5) Advise and assist county sheriffs and other peace officers
in the enforcement of laws relating to boating.
(6) Study, plan and recommend the development of boating
facilities throughout the state which will promote the safety and
pleasure of the public through boating.
(7) Publicize the advantage of safe boating.
(8) Accept gifts and grants of property and money to be used to
further the purposes of this chapter.
(9) Exempt from any provisions of this chapter any class of
boats if it determines that the safety of persons and property
will not be materially promoted by the applicability of those
provisions to the class of boats, but the board shall not exempt
from numbering any class of boats unless it determines that the
numbering will not materially aid in their identification and
unless the secretary of the department of the federal government
under which the United States Coast Guard is operating has
exempted from numbering the same boats or classes of boats.
(10) Appoint and require the bonding of agents to issue a
temporary permit to operate a boat. The agents may charge, in
addition to the prescribed fees, $1 per transaction for their
services in issuing the temporary permit.
(11) Publish and distribute to the interested public the
boating laws of this state and resumes or explanations of those
laws.
(12) Publish and distribute forms for any application required
under this chapter and require the use of such forms.
(13) Make rules for the uniform navigational marking of the
waters of this state. Such rules shall not conflict with markings
prescribed by the United States Coast Guard. No political
subdivision or person shall mark the waters of this state in any
manner in conflict with the markings prescribed by the board.
(14) Make rules regarding marine toilets and their use
consistent with the prevention and control of pollution of the
waters of this state and not in conflict with the rules of the
Department of { - Human Services - } { + Public Health + } or
the Environmental Quality Commission.
(15) Institute proceedings to enjoin unlawful obstructions
injuring free navigation on the waters of this state.
(16) Make rules regulating water ski course markers, ski jumps
and other special use devices placed in the waters of this state.
Such rules may regulate the installation and use of the devices
and may require a permit.
(17) Adopt rules necessary to carry out and enforce the
provisions of ORS 830.950 and 830.955. The rules shall include
but need not be limited to:
(a) The kinds of protective covering or physical barriers that
are acceptable to be used between a submersible polystyrene
device and the water.
(b) Guidelines for the use of submersible polystyrene devices
for the repair or maintenance of existing docks or floats.
(18) Adopt rules no later than November 1, 1991, providing for
establishment of a Safe Boating Education Course to be made
available to courts and law enforcement agencies within this
state for use as a sentencing option for those individuals
convicted of boating offenses. The board shall specify the
content of the Safe Boating Education Course and shall prescribe
procedures for making the course available to local courts and
law enforcement agencies, including procedures for promptly
notifying such courts whether individuals required to enroll in
the course have taken and successfully passed the course. Such
rules may provide for administration of the course through
nonprofit organizations, such as the United States Coast Guard
Auxiliary, United States Power Squadrons or similar groups.
(19) For purposes of ORS 830.175, 830.180, 830.185 and 830.195,
in cooperation with the State Aviation Board, regulate boats that
are seaplanes as provided in section 4, chapter 655, Oregon Laws
1995, and ORS 830.605 and 835.200.
SECTION 377. ORS 830.535 is amended to read:
830.535. (1) For the chemical analyses to be valid under ORS
830.505, 830.520 or 830.525:
(a) The chemical analyses of a person's blood shall be
performed by an individual shown to be qualified to perform such
analyses and shall be performed according to methods approved by
the Department of { - Human Services - } { + Public
Health + }. For the purposes of this paragraph, the Department of
{ - Human Services - } { + Public Health + } shall approve
methods of performing chemical analyses of a person's blood that
are satisfactory for determining alcoholic content.
(b) The chemical analyses of a person's breath shall be
performed by an individual possessing a valid permit to perform
such analyses issued by the Department of State Police under ORS
813.160 or by the State Marine Board under the provisions of this
section. The chemical analyses shall be performed according to
methods approved by the Department of State Police under ORS
813.160 or approved by the board under this section. For purposes
of this section, the board shall do all of the following:
(A) Approve methods of performing chemical analyses of a
person's breath.
(B) Prepare manuals and conduct courses throughout the state
for the training of peace officers in chemical analyses of a
person's breath, which courses shall include, but are not limited
to, approved methods of chemical analyses, use of approved
equipment and interpretation of test results together with a
written examination on these subjects.
(C) Test and certify the accuracy of equipment to be used by
peace officers for chemical analyses of a person's breath before
regular use of such equipment and periodically thereafter at
intervals of not more than 90 days. Tests and certification
required by this subparagraph shall be conducted by trained
technicians.
(D) Ascertain the qualifications and competence of individuals
to conduct such analyses in accordance with one or more methods
approved by the board or by the Department of State Police under
ORS 813.160.
(E) Issue permits to individuals according to their
qualifications. Permits shall be issued to peace officers only
upon satisfactory completion of the prescribed training course
and written examination. A permit shall state the methods and
equipment which the peace officer is qualified to use. Permits
shall be subject to termination or revocation at the discretion
of the board.
(2) In conducting a chemical test of the blood, only a duly
licensed physician or a person acting under the direction or
control of a duly licensed physician may withdraw blood or pierce
human tissue. A licensed physician, or a qualified person acting
under the direction or control of a duly licensed physician,
shall not be held civilly liable for withdrawing any bodily
substance, in a medically acceptable manner, at the request of a
peace officer.
(3) An individual who performs a chemical analysis of breath or
blood under ORS 830.505, 830.520 or 830.525 shall prepare and
sign a written report of the findings of the test. A test
administered at the request of a peace officer shall include the
identification of the peace officer upon whose request the test
was administered.
(4) Any individual having custody of the report mentioned in
subsection (3) of this section shall, upon request of the person
tested, furnish a copy of the report to that person or that
person's attorney.
(5) The expense of conducting a chemical test as provided by
ORS 830.505 or 830.520 shall be paid by the governmental units on
whose equipment the test is conducted or by the governmental
units upon whose request the test was administered if no
governmental unit's equipment is used to conduct the test.
SECTION 378. ORS 97.170 is amended to read:
97.170. (1) Except as set forth in subsection (4) of this
section, any licensed funeral service practitioner having charge
of the body of a deceased person thought to be an unclaimed
indigent shall use all reasonable diligence promptly to notify
the relatives of the deceased person or any other person having
an interest in the deceased person and shall arrange with any
relative who claims the body or with any friend of the deceased
person who will pay the expenses to make disposition of the body.
If no one claims the body within five days after death, or if
those notified acquiesce, the funeral service practitioner shall
notify, by telephone, the Demonstrator of Anatomy of the Oregon
Health and Science University. The Demonstrator of Anatomy, who
shall be appointed by the Oregon Health and Science University
Board of Directors from the staff of the Oregon Health and
Science University, shall immediately inform the funeral service
practitioner whether the body is deemed to be in fit condition
and is desired for medical instruction or the advancement of
medical science. If the body is desired for these purposes, the
funeral service practitioner shall arrange for a licensed
embalmer to make such preparation as is necessary and shall,
within 72 hours, deliver it to the Oregon Health and Science
University, or any other school or college within the State of
Oregon qualifying applicants for examination in the fundamental
sciences as required and specified in ORS 683.010 to 683.335 and
ORS chapters 676 to 681 and 684 to 686, as the Demonstrator of
Anatomy directs. The expenses of embalming, transportation of the
body to such school or college, filing fees and other related
expenses shall be paid from the funds appropriated specifically
for the purposes of this section. Such expenses shall not exceed
the normal rates charged for such services to the general public.
(2) If the Demonstrator of Anatomy does not require any such
body for instruction or research, it may be assigned, on request,
to any other properly authorized institution within this state or
to any qualified physician for instruction or research.
(3) When the body of a deceased person is deemed in unfit
condition by the Demonstrator of Anatomy and disposition does not
take place as set forth in subsections (1) and (2) of this
section, and no relatives, friends or interested persons claim
the body after notification is attempted, then the funeral
service practitioner may commence to cremate or bury the body
without the consent of persons listed in ORS 97.130 and is
furthermore indemnified from any liability arising from having
made such disposition. The method of disposition must be in the
least costly manner that complies with law, and that does not
conflict with known wishes of the deceased. Reimbursement for
costs of disposition shall be made as set forth in subsection (5)
of this section.
(4) When the deceased person is a child over whom the
Department of Human Services held guardianship at the time of
death, and no relatives, friends or interested persons claim the
body after notification is attempted as set forth in subsection
(1) of this section, the department may at its discretion notify
the Demonstrator of Anatomy and proceed as set forth in
subsection (1) of this section, or may authorize burial or
cremation of the body. Expenses related to burial or cremation
authorized by the department under this subsection shall be borne
by the department.
(5) Upon receipt of an itemized statement of expenses, the
Department { + of Public Health + } shall reimburse the funeral
service practitioner within 30 days the reasonable costs for
disposition of any unclaimed deceased person who has insufficient
assets and for whom no one takes responsibility. The method of
disposition must be in the least costly manner and shall not
exceed $450 per disposition.
SECTION 379. ORS 97.450 is amended to read:
97.450. Whenever any cemetery which is within the limits of any
county, city or town has been abandoned, or it is desirable to
abandon such cemetery, or such cemetery has been allowed to
remain in a dilapidated condition for a period of five years or
longer, the governing body of any county, if the cemetery is
owned by the county, or the corporate authorities of the city or
town, if the cemetery is owned by the city or town, or the
trustees or directors, if the cemetery is owned by an association
or corporation, may order that such burial ground be
discontinued, cause the remains of all persons interred therein
to be moved to some other suitable place and provide for the
removal and reerection of all stones and monuments marking said
graves. However, such removal shall be made in an appropriate
manner and in accordance with the directions of the Director of
{ - Human Services - } { + Public Health + }, and written
notice shall first be given to the family, or next of kin of the
deceased, if known, and if unknown, notice of the removal shall
be published for at least four successive weeks in a newspaper of
general circulation in the county in which the cemetery is
located. Such removal and the costs of the proceedings under this
section shall be at the expense of the county, city or town,
party, corporation or association owning the cemetery to be
moved.
SECTION 380. ORS 105.580 is amended to read:
105.580. (1) Except as provided in subsection (3) of this
section, if the existence of the nuisance is established in the
action, an order of abatement shall be entered as part of the
final judgment in the case.
(2) The order of abatement may direct the effectual closing of
the premises, building or place against its use for any purpose,
and so keeping it closed for a period of one year, unless sooner
released. The court shall not include provisions for the closing
of the premises under the provisions of this subsection unless
that relief is specifically requested in the complaint.
(3) The court, if satisfied of an owner's good faith, shall
enter no order of abatement as to that owner if the court finds
that the owner:
(a) Had no knowledge of the existence of the nuisance or has
been making reasonable efforts to abate the nuisance;
(b) Has not been guilty of any contempt of court in the
proceedings; and
(c) Will make best efforts to immediately abate any nuisance
that may exist and prevent it from being a nuisance for a period
of one year thereafter.
(4) Except for an order of abatement entered based on the
manufacture of a controlled substance, if an order of abatement
has been entered and an owner subsequently meets the requirements
of this section, the order of abatement shall be canceled as to
that owner.
(5) If the court enters an order under this section on the
basis that the property was used for the manufacture of a
controlled substance, the court shall send a copy of the order to
the Director of { - Human Services - } { + Public Health + }.
The director or the director's designee shall declare the
property to be an illegal drug manufacturing site for purposes of
ORS 453.855 to 453.912. An order of the court under this section
shall not be canceled until the director or the director's
designee determines the property to be fit for use. Upon
determining the property to be fit for use, the director or
designee shall notify the court, which shall cancel the abatement
order.
SECTION 381. ORS 106.165 is amended to read:
106.165. (1) The Director of { - Human Services - }
{ + Public Health + } by rule shall prescribe a standard form of
the marriage certificate to be used in this state. The
certificate shall contain the names and addresses of the parties
and of at least two witnesses, the date and place of the
marriage, the signature of the person who solemnized the
marriage, the date of the license for the marriage and the name
of the county clerk who issued the license.
(2) The form shall be of such size and appearance as to
emphasize the importance of the event that it evidences and the
significance of the pioneer heritage of this state.
(3) In carrying out the duties imposed by subsections (1) and
(2) of this section, the director { - of Human Services - }
shall consult with the county clerks and may authorize a
competition among graphic artists to prepare the form to be
prescribed.
SECTION 382. ORS 109.070 is amended to read:
109.070. (1) The paternity of a person may be established as
follows:
(a) The child of a wife cohabiting with her husband who was not
impotent or sterile at the time of the conception of the child
shall be conclusively presumed to be the child of her husband,
whether or not the marriage of the husband and wife may be void.
(b) A child born in wedlock, there being no decree of
separation from bed or board, shall be presumed to be the child
of the mother's husband, whether or not the marriage of the
husband and wife may be void. This shall be a disputable
presumption.
(c) By the marriage of the parents of a child after birth of
the child.
(d) By filiation proceedings.
(e) By filing with the State Registrar of the Center for Health
Statistics the voluntary acknowledgment of paternity form as
provided for by ORS 432.287. Except as otherwise provided in
subsection (2) of this section, this filing establishes paternity
for all purposes.
(f) By having established paternity through a voluntary
acknowledgment of paternity process in another state.
(g) By paternity being established or declared by other
provision of law.
(2)(a) A party to a voluntary acknowledgment of paternity may
rescind the acknowledgment within the earlier of:
(A) Sixty days after filing the voluntary acknowledgment of
paternity; or
(B) The date of a proceeding relating to the child, including a
proceeding to establish a support order, in which the party
wishing to rescind the acknowledgment is also a party to the
proceeding. For the purposes of this subparagraph, the date of a
proceeding is the date on which an order is entered in the
proceeding.
(b)(A) A signed voluntary acknowledgment of paternity filed in
this state may be challenged:
(i) At any time after the 60-day period on the basis of fraud,
duress or material mistake of fact. The party bringing the
challenge has the burden of proof.
(ii) Within one year after the voluntary acknowledgment has
been filed, unless the provisions of paragraph (c) of this
subsection apply. No challenge to the voluntary acknowledgment
may be allowed more than one year after the voluntary
acknowledgment has been filed, unless the provisions of
sub-subparagraph (i) of this subparagraph apply.
(B) Legal responsibilities arising from the voluntary
acknowledgment of paternity, including child support obligations,
may not be suspended during the challenge, except for good cause.
(c) No later than one year after a voluntary acknowledgment of
paternity form is filed in this state and if genetic parentage
tests have not been previously completed, a party to the
acknowledgment or the state, if child support enforcement
services are being provided under ORS 25.080, may apply to the
court or to the administrator, as defined in ORS 25.010, for an
order requiring that the parties and the child submit to genetic
parentage tests.
(d) If the results of the tests exclude the male party as a
possible father of the child, a party or the state, if child
support enforcement services are being provided under ORS 25.080,
may apply to the court for an order of nonpaternity. Upon receipt
of an order of nonpaternity, the Director of { - Human
Services - } { + Public Health + } shall correct any records
maintained by the State Registrar of the Center for Health
Statistics that indicate that the male party is the parent of the
child.
(e) The state child support program shall pay any costs for
genetic parentage tests subject to recovery from the party who
requested the tests.
SECTION 383. ORS 109.251 is amended to read:
109.251. As used in ORS 109.250 to 109.262, 'blood tests '
includes any test for genetic markers to determine paternity of a
type generally acknowledged as reliable by accreditation bodies
designated by the Department of { - Human Services - }
{ + Public Health + } in compliance with the United States
Secretary of Health and Human Services, and performed by a
laboratory approved by such accreditation body. 'Blood tests'
includes but is not limited to the Human Leucocyte Antigen Test,
the deoxyribonucleic acid test and any test that extracts genetic
material from any human tissue.
SECTION 384. ORS 179.505 is amended to read:
179.505. (1) 'Provider,' as used in this section, means any
public agency or publicly operated institution, any private
organization that operates as a community mental health provider,
any subcontractor of a community mental health provider or any
contractor of the Department of Human Services { + or the
Department of Public Health + }, licensed or operated under this
chapter or ORS chapter 426 or 427 or ORS 430.010 to 430.180,
430.265 to 430.395, 430.397 to 430.401, 430.405 to 430.565 and
430.610 to 430.880 or ORS 431.035 to 431.530, 431.705 to 431.990
and sections 2 and 12, chapter 321, Oregon Laws 1987, that
provides health care services or maintains written accounts of
health care services provided to individuals.
(2) Except as provided in subsections (3), (4), (6), (7), (8),
(9), (11), (12), (14), (15) and (16) of this section, case
histories, clinical records, X-rays, treatment charts, progress
reports and other similar written accounts of the patients of any
provider maintained in or by the provider by the officers or
employees thereof who are authorized to maintain such histories,
records, X-rays, reports, charts and other accounts within the
official scope of their duties shall not be subject to
inspection. This subsection applies to written accounts
maintained in or by facilities of the Department of Corrections
only to the extent that the written accounts concern the medical,
dental or psychiatric treatment as patients of those under the
jurisdiction of the Department of Corrections.
(3) If the patient, or in the case of incompetence, the legal
guardian, gives voluntary and informed consent, the content of
any written account referred to in subsection (2) of this section
shall be released accordingly, if the consent is in writing and
is signed and dated by the patient or guardian and sets forth
with specificity the following:
(a) Name of the provider directed to make the disclosure,
except when the consent is given by recipients of or applicants
for public assistance to a governmental entity for purposes of
determining eligibility for benefits or investigating for fraud;
(b) Name or title of the persons or organizations to which the
information is to be disclosed or that information may be
released to the public;
(c) Name of the patient;
(d) Extent or nature of the information to be disclosed; and
(e) Statement that the consent is subject to revocation at any
time except to the extent that action has been taken in reliance
thereon, and a specification of the date, event or condition upon
which it will expire without express revocation. However, no
revocation of a consent is valid with respect to inspection or
records necessary to validate expenditures by or on behalf of
governmental entities.
(4) The content of any written account referred to in
subsection (2) of this section may be released without consent:
(a) To any person to the extent necessary to meet a medical
emergency.
(b) At the discretion of the responsible officer of the
provider, which in the case of any Department of Human Services
facility or community mental health and developmental
disabilities program shall be the Director of Human Services, to
persons engaged in scientific research, program evaluation, peer
review and fiscal audits. However, patient identities shall not
be disclosed to such persons, except when the disclosure is
essential to the research, evaluation, review or audit or when
the disclosure benefits the provider or patient.
(c) To governmental agencies when necessary to secure
compensation for services rendered in the treatment of the
patient.
(5) When a patient's identity is disclosed under subsection (4)
of this section, a provider shall prepare, and include in the
permanent records of the provider, a written statement indicating
the reasons for the disclosure, the written accounts disclosed
and the recipients of the disclosure.
(6) The content of any written account referred to in
subsection (2) of this section and held by a provider currently
engaged in the treatment of a patient may be released to officers
or employees of that provider, its agents or cooperating
providers who are currently acting within the official scope of
their duties to evaluate treatment programs, to diagnose or treat
or to assist in diagnosing or treating a patient when such
written account is to be used in the course of diagnosing or
treating the patient. Nothing in this subsection shall prevent
the transfer of written accounts referred to in subsection (2) of
this section among providers of the Department of Human Services,
the Department of Corrections, a local correctional facility or a
community mental health and developmental disabilities program
when the transfer is necessary or beneficial to the treatment of
a patient.
(7) When an action, suit, claim, arbitration or proceeding is
brought under ORS 34.105 to 34.240 or 34.310 to 34.730 and
involves a claim of constitutionally inadequate medical care,
diagnosis or treatment, or is brought under ORS 30.260 to 30.300
and involves the Department of Corrections or an institution
operated by the department, nothing in this section prohibits the
disclosure or release of any written account referred to in
subsection (2) of this section to the Department of Justice,
Oregon Department of Administrative Services, or their agents,
upon request, or the subsequent release to a court,
administrative hearings officer, arbitrator or other
administrative decision maker.
(8)(a) When an action, suit, claim, arbitration or proceeding
involves the Department of Human Services or an institution
operated by the department, nothing in this section prohibits the
disclosure or release of any written account referred to in
subsection (2) of this section to the Department of Justice,
Oregon Department of Administrative Services, or their agents,
provided:
(A) Consent under subsection (3) of this section is requested
and obtained; or
(B) If no consent under subsection (3) of this section is
given, disclosure is made only after notice of the extent or
nature of the disclosure has been given to the patient.
(b) Disclosure or release of information in an action, suit,
claim, nonlabor arbitration or proceeding is limited by the
relevancy restrictions of ORS 40.010 to 40.585 and ORS chapter
183. Only written accounts of a plaintiff, claimant or petitioner
shall be disclosed or released under this paragraph.
(c) Disclosure or release of information as part of a labor
arbitration or proceeding to support a personnel action taken
against staff is limited to written accounts directly relating to
alleged action or inaction by staff for which the personnel
action was imposed.
(9)(a) The copy of any written account referred to in
subsection (2) of this section, upon written request of the
patient, or in the case of incompetence, the legal guardian,
shall be released to the patient or the guardian within a
reasonable time not to exceed five working days. The patient, or
in the case of incompetence, the legal guardian, shall have the
right to immediate inspection of any written accounts.
(b) If the release of psychiatric or psychological information
contained in the written account would constitute an immediate
and grave detriment to the treatment of the patient, disclosure
may be denied, if medically contraindicated by the attending
physician in the medical record of the patient.
(c) The Department of Corrections may withhold psychiatric or
psychological information if:
(A) The information relates to an individual other than the
individual seeking it.
(B) Release of the information would constitute a danger to
another individual.
(C) Release of the information would compromise the privacy of
a confidential source.
(d) However, a written statement of the denial under paragraph
(c) of this subsection and the reasons therefor shall be entered
in the individual's record.
(10) A provider may require a person requesting disclosure of
the contents of a written account under this section to reimburse
the provider for the reasonable costs incurred in searching
files, abstracting if requested and copying if requested.
However, a patient shall not be denied access to written accounts
concerning the patient because of inability to pay.
(11) No written account referred to in subsection (2) of this
section may be used to initiate or substantiate any criminal,
civil, administrative, legislative or other proceedings conducted
by federal, state or local authorities against the patient or to
conduct any investigations of the patient. If the patient, as a
party to an action, suit or other judicial proceeding,
voluntarily produces evidence regarding an issue to which a
written account referred to in subsection (2) of this section
would be relevant, the contents of that written account may be
released for use in the proceeding.
(12) Information obtained in the course of diagnosis,
evaluation or treatment of a patient which, in the professional
judgment of the provider indicates a clear and immediate danger
to others or to society may be reported to the appropriate
authority. A decision not to disclose information under this
subsection shall not subject the provider to any civil liability.
Nothing in this subsection shall be construed to alter the
provisions of ORS 146.750, 146.760, 419B.010, 419B.015, 419B.020,
419B.025, 419B.030, 419B.035, 419B.040 and 419B.045.
(13) The prohibitions of this section shall apply to written
accounts concerning any individual who has been treated by any
provider irrespective of whether or when the individual ceases to
receive treatment.
(14) Persons other than the patient who are granted access
under this section to the contents of a written account referred
to in subsection (2) of this section shall not disclose the
contents of the written account to any other person except in
accordance with the provisions of this section.
(15) Nothing in this section shall prevent the Department of
Human Services from disclosing the contents of written accounts
in its possession to individuals or agencies with whom children
in its custody are placed.
(16) The system designated under ORS 192.517 (1) shall have
access to records, as defined in ORS 192.515, as provided in ORS
192.517.
SECTION 385. ORS 192.525 is amended to read:
192.525. (1) The Legislative Assembly declares that it is the
policy of the State of Oregon to protect both the right of an
individual to have the medical history of the individual
protected from disclosure to persons other than the health care
provider and insurer of the individual who needs such
information, and the right of an individual to review the medical
records of that individual. It is recognized that both rights may
be limited, but only to benefit the patient. These rights of
confidentiality and full access must be protected by private and
public institutions providing health care services and by private
practitioners of the healing arts. The State of Oregon commits
itself to fulfilling the objectives of this public policy for
public providers of health care. Private practitioners of the
healing arts and private institutions providing health care
services are encouraged to adopt voluntary guidelines that will
grant health care recipients access to their own medical records
while preserving those records from unnecessary disclosure.
(2) Except as otherwise provided by law, a health care provider
must disclose a patient's medical records after receiving a
written release authorization that directs the health care
provider to produce the patient's medical records. If the patient
is able to give consent to the release, the authorization must be
signed by the patient. If the patient is not able to give consent
to the release, the authorization must be signed by a person
authorized by law to obtain the medical records sought under the
authorization.
(3) A written release authorization under this section must be
in substantially the following form:
_________________________________________________________________
AUTHORIZATION TO DISCLOSE
MEDICAL RECORDS
This authorization must be written, dated and signed by the
patient or by a person authorized by law to give authorization.
I authorize _______ (name of hospital/health care provider) to
release a copy of the medical information for _____ (name of
patient) to _____ (name and address of recipient).
The information will be used on my behalf for the following
purpose(s):
_________________________________________________________________
_________________________________________________________________
By initialing the spaces below, I specifically authorize the
release of the following medical records, if such records exist:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_
All hospital records (including nursing
records and progress notes)
_
Transcribed hospital reports
_
Medical records needed for continuity
of care
_
Most recent five-year history
_
Laboratory reports
_
Pathology reports
_
Diagnostic imaging reports
_
Clinician office chart notes
_
Dental records
_
Physical therapy records
_
Emergency and urgency care records
_
Billing statements
_
Other
_______________
_
Please send the entire medical record (all
information) to the above named recipient.
The recipient understands this record may
be voluminous and agrees to pay all
reasonable charges associated with
providing this record.
_
*HIV/AIDS-related records
_
*Mental health information
_
*Genetic testing information
*Must be initialed to be included in other
documents.
_
**Drug/alcohol diagnosis, treatment
or referral information:
_______________
**Federal Regulation, 42 C.F.R. part 2, requires
a description of how much and what kind of
information is to be disclosed.
_
This authorization is limited to the
following treatment:
_______________
_
This authorization is limited to the
following time period:
_______________
_
This authorization is limited to a workers'
compensation claim for injuries of
______
(date).
This authorization may be revoked at any time. The only exception
is when action has been taken in reliance on the authorization.
Unless revoked earlier, this consent will expire 180 days from
the date of signing or shall remain in effect for the period
reasonably needed to complete the request.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____
________
(Date) (Signature of patient)
_____
________
(Date) (Signature of person
authorized by law)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(4) A health care provider may withhold another health care
provider's medical record after receiving a written release
authorization in the form provided for in subsection (3) of this
section. If a health care provider withholds any medical record
for any reason after receiving a written release authorization in
the form provided for in subsection (3) of this section, the
withheld medical record must be identified by the health care
provider in the response to the release authorization by
disclosing the author of the medical record and the date of the
medical record.
(5) Notwithstanding subsection (2) of this section, if, in the
professional judgment of a physician licensed under ORS chapter
677 or in the professional judgment of a licensed mental health
care provider, the disclosure of a medical record or any part of
a medical record would be injurious to a patient, the health care
provider may withhold a medical record or provide an accurate and
representative summary of the factual information contained in
the medical record. A health care provider must give notice if a
medical record is withheld or a summary is provided under this
subsection in the response to the release authorization.
(6) A health care provider may charge a reasonable fee for
responding to a release authorization under this section.
(7) A patient may not maintain an action for damages against a
health care provider for disclosures made by the health care
provider in good faith reliance on a properly executed written
release authorization as provided for in this section.
(8) For the purposes of this section, 'medical records '
includes chart notes, reports, laboratory reports,
correspondence, transcribed records, patient questionnaires and
any other record concerning the patient's care, diagnosis or
treatment. 'Medical records' does not include personal office
notes of the health care provider that do not concern the
patient's care, diagnosis or treatment.
(9) For the purposes of this section, 'health care provider'
means a person licensed by one of the following agencies, or any
employee of a person licensed by one of the following agencies:
(a) State Board of Examiners for Speech-Language Pathology and
Audiology;
(b) State Board of Chiropractic Examiners;
(c) State Board of Clinical Social Workers;
(d) Oregon Board of Licensed Professional Counselors and
Therapists;
(e) Oregon Board of Dentistry;
(f) State Board of Denture Technology;
(g) Board of Examiners of Licensed Dietitians;
(h) State Board of Massage Therapists;
(i) State Mortuary and Cemetery Board;
(j) Board of Naturopathic Examiners;
(k) Oregon State Board of Nursing;
(L) Board of Examiners of Nursing Home Administrators;
(m) Oregon Board of Optometry;
(n) State Board of Pharmacy;
(o) Board of Medical Examiners;
(p) Occupational Therapy Licensing Board;
(q) Physical Therapist Licensing Board;
(r) State Board of Psychologist Examiners; or
(s) Board of Radiologic Technology.
(10) For the purposes of this section, 'health care provider'
includes a health care facility defined in ORS 442.015 and
emergency medical technicians certified by the Department of
{ - Human Services - } { + Public Health + }.
SECTION 386. ORS 192.547 is amended to read:
192.547. (1)(a) The Department of { - Human Services - }
{ + Public Health + } shall adopt rules for conducting research
using DNA samples, genetic testing and genetic information. Rules
establishing minimum research standards shall conform to the
Federal Policy for the Protection of Human Subjects, 45 C.F.R.
46, that is current at the time the rules are adopted. The rules
may be changed from time to time as may be necessary.
(b) The rules adopted by the department { - of Human
Services - } shall address the operation and appointment of
institutional review boards. The rules shall conform to the
compositional and operational standards for such boards contained
in the Federal Policy for the Protection of Human Subjects that
is current at the time the rules are adopted. The rules must
require that research conducted under paragraph (a) of this
subsection be conducted with the approval of the institutional
review board.
(c) Persons proposing to conduct anonymous research or genetic
research that is otherwise thought to be exempt from review must
obtain from an institutional review board prior to conducting
such research a determination that the proposed research is
exempt from review.
(2) A person proposing to conduct research under subsection (1)
of this section, including anonymous research, must disclose to
the institutional review board the proposed use of DNA samples,
genetic testing or genetic information.
(3) The department { - of Human Services - } shall adopt
rules requiring that all institutional review boards operating
under subsection (1)(b) of this section register with the
department.
(4) The department { - of Human Services - } shall consult
with the Advisory Committee on Genetic Privacy and Research
before adopting the rules required under subsections (1) and (3)
of this section, including rules identifying those parts of the
Federal Policy for the Protection of Human Subjects that are
applicable to this section.
(5) In consultation with the Advisory Committee on Genetic
Privacy and Research, the department { - of Human Services - }
shall promulgate guidelines for genetic research in which the
identity of the individual providing a DNA sample is protected by
an encryption or coding system. The department shall base the
guidelines on recommendations of credible national and state
organizations.
(6) Research conducted in accordance with this section is
rebuttably presumed to comply with ORS 192.535 and 192.539.
(7) In cases in which informed consent is required by either
ORS 192.535 or the Federal Policy for the Protection of Human
Subjects, samples collected before June 25, 2001, with blanket
informed consent for research may be used for genetic research
without specific informed consent, but samples obtained after
June 25, 2001, must have specific informed consent from the
individual for genetic research.
(8) Except as otherwise allowed by rule of the department
{ - of Human Services - } , if DNA samples or genetic
information obtained for either clinical or research purposes is
used in research, a person may not recontact the individual or
the individual's physician by using research information with
personal identifiers. The department { - of Human Services - }
shall adopt by rule criteria for recontacting an individual or an
individual's physician. In adopting the criteria, the department
shall consider the recommendations of national organizations such
as those created by executive order by the President of the
United States and the recommendations of the Advisory Committee
on Genetic Privacy and Research.
SECTION 387. ORS 192.549 is amended to read:
192.549. (1) The Advisory Committee on Genetic Privacy and
Research is established consisting of 14 members. The President
of the Senate and the Speaker of the House of Representatives
shall each appoint one member and one alternate. The Director of
{ - Human Services - } { + Public Health + } shall appoint one
representative and one alternate from each of the following
categories:
(a) Academic institutions involved in genetic research;
(b) Physicians licensed under ORS chapter 677;
(c) Voluntary organizations involved in the development of
public policy on issues related to genetic privacy;
(d) Hospitals;
(e) The Department of { - Human Services - } { + Public
Health + };
(f) The Department of Consumer and Business Services;
(g) Health care service contractors involved in genetic and
health services research;
(h) The biosciences industry;
(i) The pharmaceutical industry;
(j) Health care consumers;
(k) Organizations advocating for privacy of medical
information; and
(L) Public members of institutional review boards.
(2) Organizations and individuals representing the categories
listed in subsection (1) of this section may recommend nominees
for membership on the advisory committee to the President, the
Speaker and the director.
(3) Members and alternate members of the advisory committee
serve two-year terms and may be reappointed.
(4) Members and alternate members of the advisory committee
serve at the pleasure of the appointing entity.
(5) The Department of { - Human Services - } { + Public
Health + } shall provide staff for the advisory committee.
(6) The advisory committee shall report biennially to the
Legislative Assembly in the manner provided by ORS 192.245. The
report shall include the activities and the results of any
studies conducted by the advisory committee. The advisory
committee may make any recommendations for legislative changes
deemed necessary by the advisory committee.
(7) The advisory committee shall study the use and disclosure
of genetic information and shall develop and refine a legal
framework that defines the rights of individuals whose DNA
samples and genetic information are collected, stored, analyzed
and disclosed.
(8) The advisory committee shall create opportunities for
public education on the scientific, legal and ethical development
within the fields of genetic privacy and research. The advisory
committee shall also elicit public input on these matters. The
advisory committee shall make reasonable efforts to obtain public
input that is representative of the diversity of opinion on this
subject. The advisory committee's recommendations to the
Legislative Assembly shall take into consideration public
concerns and values related to these matters.
SECTION 388. ORS 198.792 is amended to read:
198.792. (1) Proceedings may be initiated by the county board
or any other public agency in accordance with ORS 431.705 to
431.760:
(a) To annex the affected territory to a district, as defined
by ORS 431.705; or
(b) To form a metropolitan service district as authorized by
ORS chapter 268, or a county service district as authorized by
ORS chapter 451, to include the affected territory.
(2) The findings of the Director of { - Human Services - }
{ + Public Health + } when filed with the county board in
accordance with ORS 431.735 or 431.750 shall be considered a
petition for the purposes of ORS 198.705 to 198.955. The county
board of the principal county shall conduct proceedings in
accordance with the findings and order of the director and with
ORS 198.705 to 198.955.
(3) In proceedings described by subsection (1) of this section,
the county board shall determine whether the affected territory
shall be included in a new district or annexed to an existing
district. The county board shall not inquire into the need for
the proposed service facilities or adjust the boundaries of the
affected territory. ORS 198.805 (2), and the provisions of ORS
198.810 and 198.815 providing for an election on the formation of
or annexation to a district, do not apply to proceedings under
this section.
SECTION 389. ORS 199.490 is amended to read:
199.490. (1) A proceeding for a minor boundary change other
than a transfer of territory may be initiated:
(a) By resolution of the governing body of the affected city or
district;
(b) By petition signed by 10 percent of the electors registered
in the affected territory;
(c) By petition signed by the owners of at least one-half the
land area in the affected territory;
(d) By resolution of a boundary commission having jurisdiction
of the affected territory; or
(e) When the minor boundary change is a withdrawal of a city
from a district, by resolution of the governing body of the city,
which shall be an affected city for the purposes of ORS 199.410
to 199.534.
(2)(a)(A) An annexation proceeding may also be initiated by a
resolution adopted by the governing body of the affected city or
district upon receiving consent to annex their land in writing
from more than half of the owners of land in the territory
proposed to be annexed, who also own more than half of the land
in the territory proposed to be annexed and of real property
therein representing more than half of the assessed value of all
real property in the territory proposed to be annexed.
(B) A resolution adopted by the governing body of the affected
city or district upon receiving written consent to annexation
from a majority of the electors registered in the territory
proposed to be annexed and written consent to the annexation of
their land from the owners of more than half the land in the
territory proposed to be annexed.
(b) However, before soliciting statements of consent for the
purpose of authorizing an annexation under a proceeding initiated
as provided by this subsection, the governing body of the
affected city or district shall file a notice of intent to annex
with the boundary commission having jurisdiction of the affected
territory. The notice of intent to annex shall name the affected
city or district and generally describe the boundaries of the
territory sought to be annexed, which territory must be
contiguous to the city or district or separated from it only by a
public right of way or a stream, bay, lake or other body of
water. The notice of intent to annex shall have attached to it a
county assessor's cadastral map showing the location of the
affected territory that the city or district proposes to annex.
(c) For the purpose of this subsection, consent need not be
obtained for any land in a public way included within or
contiguous to the territory proposed to be annexed. However, land
in such a public way shall, as determined by the commission, be
considered annexed to the affected city or district if the minor
boundary change is approved, regardless of the land's ownership,
size or assessed valuation.
(d) For the purpose of this subsection, consent need not be
obtained for any real property that is publicly owned, is the
right of way for a public utility, telecommunications utility or
railroad or is exempt from ad valorem taxation unless the owner
of such property files a statement consenting to or opposing
annexation with the legislative body of the annexing city or
district on or before the date the city or district adopts the
resolution required by paragraph (a) of this subsection.
(e) As used in this subsection, 'owner' has the additional
meaning given that term in ORS 222.120 (7).
(3) A transfer of territory proceeding may be initiated:
(a) By joint resolution of the governing bodies of the affected
districts or cities;
(b) By petition signed by 10 percent of the electors registered
in the affected territory;
(c) By petition signed by the owners of at least one-half the
land area in the affected territory; or
(d) By resolution of a boundary commission having jurisdiction
of the affected territory.
(4) The petition or resolution shall:
(a) Name the affected city or district and state whether it is
proposed to annex, withdraw or transfer territory;
(b) Describe the boundaries of the affected territory;
(c) If the proposal concerns a district, designate the
applicable principal Act;
(d) Have attached a county assessor's cadastral map showing the
location of the affected territory; and
(e) Be filed with the boundary commission having jurisdiction
of the affected territory.
(5) When a city annexation is initiated:
(a) As provided by ORS 222.750 the petition proposing the
annexation shall be filed with the boundary commission having
jurisdiction of the annexation.
(b) As provided by ORS 222.840 to 222.915, the findings adopted
by the Director of { - Human Services - } { + Public
Health + } under ORS 222.880 shall be considered the initiatory
action and a certified copy of the findings shall be filed with
the boundary commission having jurisdiction of the annexation, at
the same time a copy of the finding is filed with the affected
city.
(6) Except when a boundary change is initiated by an affected
city or district under subsection (1), (2), (3) or (5) of this
section or by the Director of { - Human Services - }
{ + Public Health + } as provided by subsection (5)(b) of this
section, the boundary commission shall notify the affected city
or district that a petition has been filed or that the commission
has adopted a resolution. If the petition complies with the
requirements of the applicable statutes, the commission shall
proceed as provided by ORS 199.460 to 199.463 and 199.490 to
199.519.
(7) Unless the parties appearing at a hearing for a minor
boundary change or application under ORS 199.464 agree to a
postponement of the adoption of a final order, a final order
approving or disapproving a minor boundary change must be adopted
within 90 days after the date the petition, resolution or
application is filed with the commission. If a final order
approving or disapproving a minor boundary change is not adopted
within 90 days after the petition, resolution or application is
filed or within the period of postponement, the petition,
resolution or application shall be considered approved by the
commission. A postponement shall not be for a period exceeding
one year from the date the petition, resolution or application
initiating the proposal is filed with the commission.
SECTION 390. ORS 199.495 is amended to read:
199.495. In a proceeding initiated as provided by ORS 199.490
(2) and (5):
(1) If the proposed annexation is approved by the commission,
the final order shall be effective at the time specified in the
final order except that the effective date for an annexation
initiated as provided by ORS 199.490 (5) shall not be more than
one year after the date the final order is adopted and for an
annexation initiated as provided by ORS 199.490 (2) shall not be
more than 10 years after the date the final order is adopted. If
no effective date is specified in the final order, the order
shall take effect on the date the order is adopted. The order
shall not be subject to ORS 199.505.
(2) ORS 222.883 to 222.896, 222.900 (1) and (3) and 222.915 do
not apply to proceedings initiated by the findings of the
Director of { - Human Services - } { + Public Health + }.
SECTION 391. ORS 199.512 is amended to read:
199.512. (1) The findings of the Director of { - Human
Services - } { + Public Health + } filed with a boundary
commission in accordance with ORS 431.740 or 431.750 shall be
considered a petition for the purposes of ORS 199.410 to 199.534.
When the findings of the director are filed with a commission, it
shall proceed in accordance with the findings and with ORS
199.410 to 199.534, but the commission shall not inquire into the
need for the proposed facilities or adjust the boundaries of the
affected territory.
(2) In proceedings described by subsection (1) of this section,
the boundary commission shall determine whether the affected
territory shall be included in a new city, new metropolitan
service district or new county service district or annexed to an
existing district. The final order of the commission shall
conclude the proceedings for all purposes; and the formation or
annexation approved and ordered by the commission shall take
effect 45 days after the date the commission adopts the final
order in the proceeding.
SECTION 392. ORS 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Standards and
Practices Commission a verified statement of economic interest as
required under this chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except municipal judges in those cities where a
majority of the votes cast in the subject city in the 1974
general election was in opposition to the ballot measure provided
for in section 10, chapter 68, Oregon Laws 1974 (special
session), and except any pro tem judicial officer who does not
otherwise serve as a judicial officer.
(c) Any candidate for an office designated in paragraph (a) or
(b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of the Oregon
University System and the president and vice presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
(G) Director of the Oregon State Fair and Exposition Center.
(H) State Fish and Wildlife Director.
(I) State Forester.
(J) State Geologist.
(K) Director of Human Services.
(L) Director of the Department of Consumer and Business
Services.
(M) Director of Division of State Lands.
(N) State Librarian.
(O) Administrator of Oregon Liquor Control Commission.
(P) Superintendent of State Police.
(Q) Director of the Public Employees Retirement System.
(R) Director of Department of Revenue.
(S) Director of Transportation.
(T) Public Utility Commissioner.
(U) Director of Veterans' Affairs.
(V) Executive Director of Oregon Government Standards and
Practices Commission.
(W) Administrator of the Office of Energy.
(X) Director and each assistant director of the Oregon State
Lottery.
{ + (Y) Director of Public Health. + }
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official except elected
officials in those cities or counties where a majority of votes
cast in the subject city or county in any election on the issue
of filing statements of economic interest under this chapter was
in opposition.
(j) Every member of a city or county planning, zoning or
development commission except such members in those cities or
counties where a majority of votes cast in the subject city or
county at any election on the issue of filing statements of
economic interest under this chapter was in opposition to the
ballot measure provided for in section 10, chapter 68, Oregon
Laws 1974 (special session).
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county except such employees in those cities or counties
where a majority of votes cast in the subject city or county in
an election on the issue of filing statements of economic
interest under this chapter was in opposition.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
(p) Every member of the following state boards and commissions:
(A) Capitol Planning Commission.
(B) Board of Geologic and Mineral Industries.
(C) Oregon Economic and Community Development Commission.
(D) State Board of Education.
(E) Environmental Quality Commission.
(F) Fish and Wildlife Commission of the State of Oregon.
(G) State Board of Forestry.
(H) Oregon Government Standards and Practices Commission.
(I) Oregon Health Council.
(J) State Board of Higher Education.
(K) Oregon Investment Council.
(L) Land Conservation and Development Commission.
(M) Oregon Liquor Control Commission.
(N) Oregon Short Term Fund Board.
(O) State Marine Board.
(P) Mass transit district boards.
(Q) Energy Facility Siting Council.
(R) Board of Commissioners of the Port of Portland.
(S) Employment Relations Board.
(T) Public Employees Retirement Board.
(U) Oregon Racing Commission.
(V) Oregon Transportation Commission.
(W) Wage and Hour Commission.
(X) Water Resources Commission.
(Y) Workers' Compensation Board.
(Z) Oregon Facilities Authority.
(AA) Oregon State Lottery Commission.
(BB) Pacific Northwest Electric Power and Conservation Planning
Council.
(CC) Columbia River Gorge Commission.
(DD) Oregon Health and Science University Board of Directors.
(q) The following officers of the State Treasury:
(A) Chief Deputy State Treasurer.
(B) Executive Assistant to the State Treasurer.
(C) Director of the Investment Division.
(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(3) By April 15 next after the filing date for the primary
election, each candidate for elective public office described in
subsection (1) of this section shall file with the commission a
statement of economic interest as required under ORS 244.060,
244.070 and 244.090.
(4) Within 30 days after the filing date for the general
election, each candidate for elective public office described in
subsection (1) of this section who was not a candidate in the
preceding primary election shall file with the commission a
statement of economic interest as required under ORS 244.060,
244.070 and 244.090.
(5) The Legislative Assembly shall maintain a continuing review
of the operation of this chapter and from time to time may add to
or delete from the list of boards and commissions in subsections
(1) to (3) of this section as in the judgment of the Legislative
Assembly is consistent with the purposes of this chapter.
(6) Subsections (1) to (5) of this section apply only to
persons who are incumbent, elected or appointed officials as of
April 15 and to persons who are candidates for office on April
15. Those sections also apply to persons who do not become
candidates until 30 days after the filing date for the statewide
general election.
(7)(a) Failure to file the statement required by this section
subjects a person to a civil penalty that may be imposed as
specified in ORS 183.090, but the enforcement of this subsection
does not require the Oregon Government Standards and Practices
Commission to follow the procedures in ORS 244.260 before finding
that a violation of this section has occurred.
(b) Failure to file the required statement in timely fashion
shall be prima facie evidence of a violation of this section.
(c) If within five days after the date on which the statement
is to be filed under this section the statement has not been
received by the commission, the commission shall notify the
public official and give the public official not less than 15
days to comply with the requirements of this section. If the
public official fails to comply by the date set by the
commission, the commission may impose a civil penalty of $5 for
each day the statement is late beyond the date fixed by the
commission. The maximum penalty that may be accrued under this
section is $1,000.
(d) A civil penalty imposed under this subsection is in
addition to and not in lieu of sanctions that may be imposed
under ORS 244.380.
SECTION 393. ORS 285B.410 is amended to read:
285B.410. As used in ORS 285B.410 to 285B.479, unless the
context requires otherwise:
(1) 'Community facilities' means municipal facilities that
assist the economic and community development of the
municipality, as specified in rules adopted by the Economic and
Community Development Department, whether operated by the
municipality or by a person under a management contract or an
operating agreement with the municipality.
(2) 'Direct project management costs' means new expenses
incurred by a municipality solely to support, plan for and manage
an infrastructure project, funded in whole or in part through
financial assistance under ORS 285B.410 to 285B.479, during the
planning and construction phases of the project.
(3) 'Infrastructure project' means:
(a) A project for the construction of sewage treatment works,
solid waste disposal sites, water supply works, roads, public
transportation, railroad industrial spurs or sidings,
telecommunications infrastructure or other facilities that
comprise the physical foundation for industrial and commercial
activity. The costs of property acquisition directly related to
the infrastructure project and acquisition of easements or rights
of way necessary to accomplish construction of the infrastructure
project are eligible for assistance under ORS 285B.410 to
285B.479. The costs of activities related to performing an
environmental action on a brownfield are eligible for assistance
under ORS 285B.416 (2) and 285B.455 (5). Purchases of off-site
property for project-related purposes such as wetland mitigation
or other uses not directly related to the infrastructure are not
eligible for assistance. As used in this paragraph, 'brownfield '
and 'environmental action' have the meanings given those terms
respectively in ORS 285A.185 and 285A.188.
(b) A project, in consultation with the Department of
Transportation and other affected agencies, for the acquisition,
reconstruction or rehabilitation of an abandoned railroad line or
railroad line that has been designated by the owner and operator
thereof as subject to abandonment within a three-year period
pursuant to federal law and regulations governing abandonment of
common carrier railroad lines. The project may include operation
or maintenance costs if the project also includes acquisition,
reconstruction or rehabilitation.
(c) A safe drinking water project, in consultation with the
Water Resources Department, the Department of { - Human
Services - } { + Public Health + } or the Department of Land
Conservation and Development, for improving a drinking water
system for the purpose of achieving or maintaining compliance
with applicable state or federal drinking water quality
regulations.
(d) A project for the acquisition, construction or development
of community facilities, including the acquisition of land, the
construction, acquisition, renovation or reconstruction of
buildings, structures and other real property and the acquisition
or construction of related equipment and fixtures.
(e) A project, as specified by rule of the Economic and
Community Development Department, resulting from an emergency as
defined in ORS 401.025.
(4) 'Municipality' means a city, a county, the Port of Portland
created by ORS 778.010, a county service district organized under
ORS chapter 451, a tribal council of an Indian tribe in this
state or a district as defined in ORS 198.010.
(5) 'Nonurban infrastructure projects' includes all those
projects which do not meet the definition of urban infrastructure
projects.
(6) 'Public transportation' includes public depots, public
parking, public docks, public wharves, railroads and airport
facilities.
(7) 'Roads' includes:
(a) Ways described as streets, highways, throughways or alleys;
(b) Road related structures that are in the right of way such
as tunnels, culverts or similar structures; and
(c) Structures that provide for continuity of the right of way
such as bridges.
(8) 'Sewage treatment works' includes all facilities necessary
for collecting, pumping, treating and disposing of sanitary or
storm sewage.
(9) 'Solid waste disposal site' has the meaning given to the
term 'disposal site' by ORS 459.005.
(10) 'Telecommunications infrastructure' means real or personal
property, structures or equipment constructed, used or configured
for the electronic transmission or receipt of voice, data, text,
images or video between sites and facilities.
(11) 'Urban infrastructure projects' includes all those
projects located in whole or in part within the acknowledged
Portland Metropolitan Area Regional Urban Growth Boundary, and
the acknowledged urban growth boundaries of the cities of Eugene,
Springfield, Salem, Keizer or Medford or projects that will
principally benefit these areas. The Director of the Economic and
Community Development Department is authorized to resolve
situations left in question by this definition.
(12) 'Water supply works' includes all facilities necessary for
tapping natural sources of domestic and industrial water,
treating and protecting the quality of the water and transmitting
it to the point of sale to any public or private agency for
domestic, municipal and industrial water supply service.
SECTION 394. ORS 285B.467 is amended to read:
285B.467. (1) The Economic and Community Development Department
shall adopt by rule standards by which to determine the
eligibility for revenue bond financing under ORS 285B.467 to
285B.479 of infrastructure projects that have qualified under ORS
285B.419 to 285B.437 and 285B.449.
(2) In adopting rules establishing guidelines or criteria for
awarding loans or grants for drinking water projects, the
department shall coordinate the department's rulemaking process
with the Water Resources Department and the Department of
{ - Human Services - } { + Public Health + } in order to
{ - assure - } { + ensure + } that rules adopted under this
subsection are consistent with rules adopted under ORS 431.120
and 541.845. The rules adopted under this subsection shall:
(a) Require the installation of meters on all new service
connections to any distribution lines funded under ORS 285B.410,
285B.461, 285B.560 to 285B.599, 431.120, 541.700, 541.705,
541.755, 541.765, 541.830, 541.845 and this section; and
(b) Require a plan, to be adopted by the municipality, for
installation of meters on all service connections throughout the
drinking water system.
(3) Upon determining an infrastructure project eligible for
revenue bond financing under ORS 285B.467 to 285B.479, the
department shall forward the application to the State Treasurer,
who shall determine whether to issue revenue bonds.
(4) Notwithstanding ORS 285B.410 (3)(a) and 285B.416 (1), when
an infrastructure project is determined to be eligible for
revenue bond financing under ORS 285B.467 to 285B.479, direct
project management costs and the costs for preliminary planning
or legal, fiscal and economic investigations, reports and studies
to determine the economic and engineering feasibility of the
project are included within the total project costs of the
project and may be paid from bond proceeds.
(5) Administrative expenses of the department in processing
applications and investigating proposed infrastructure projects
and bond sales shall not be derived from bond proceeds.
(6) The department may pledge all or any portion of the
existing or future assets and receipts of the Special Public
Works Fund to pay debt service on bonds issued pursuant to ORS
285B.410 to 285B.479. Such pledge shall take effect immediately,
without delivery of the pledged funds to third parties, and the
lien of the pledge shall be superior to all other liens of any
nature.
(7) The department is authorized to establish separate accounts
within the fund for separate bond issues.
(8) As used in this section, 'service connection' does not
include fire hydrants, fire sprinkler system connections, line
blow-offs and drains, stand-by emergency interties, valve
controlled drinking fountains and other similar intermittently
used connections.
SECTION 395. ORS 285B.563 is amended to read:
285B.563. (1) There is established in the State Treasury,
separate and distinct from the General Fund, the Water Fund. All
moneys in the fund are continuously appropriated to the Economic
and Community Development Department to provide financing for
water projects, as described in ORS 285B.560 to 285B.599,
including the direct project management costs and for the purpose
specified in ORS 285A.075 (9).
(2)(a) Moneys in the Water Fund may be obligated to water
projects.
(b) Moneys shall be used primarily to make loans to
municipalities. The department may make a loan only if:
(A) The municipality applying for the loan certifies to the
department that adequate funds will be available to repay the
loan; and
(B) The department determines that the amount of the loan
applied for is based on a reasonable and prudent expectation of
the municipality's ability to repay the loan.
(c) The department may award a grant only if a loan is not
feasible due to:
(A) Financial hardship to the municipality, as determined by
the department, based on consideration of anticipated water
service charges or anticipated waste water service charges that
exceed the statewide average for such charges, the per capita
income of the municipality and such other factors as the
department by rule may establish; and
(B) Special circumstances of the water project.
(d) The department may determine the amount of grant or loan
funding on a case-by-case basis.
(3) The moneys in the fund may also be used to assist the
department in selling revenue bonds on behalf of municipalities
in order to carry out the purposes of ORS 285B.560 to 285B.599.
(4) With the approval of the State Treasurer, moneys in the
Water Fund may be invested as provided by ORS 293.701 to 293.820.
The earnings from such investments and other program income shall
be credited to the Water Fund.
(5) The Water Fund shall consist of:
(a) Moneys appropriated to the fund by the Legislative
Assembly.
(b) Moneys transferred to the fund by the Economic and
Community Development Department from the Special Public Works
Fund created by ORS 285B.455.
(c) Moneys transferred to the fund by the Water Resources
Commission from the Water Development Fund created by Article
XI-I(1) of the Oregon Constitution.
(d) Moneys from any federal, state or other grants.
(e) Proceeds of revenue bonds issued under ORS 285B.575.
(f) Earnings on the fund.
(6) The department shall administer the fund.
(7) The department shall adopt rules and policies for the
administration of the fund. The department shall coordinate its
rulemaking regarding safe drinking water projects with the Water
Resources Department and the Department of { - Human
Services - } { + Public Health + }. The rules adopted under
this subsection for safe drinking water projects shall:
(a) Require the installation of meters on all new service
connections to any distribution lines funded with moneys from the
fund or from the proceeds of revenue bonds issued under ORS
285B.572 to 285B.578.
(b) Require a plan, to be adopted by a municipality receiving
financial assistance from the fund, for installation of meters on
all service connections throughout the drinking water system not
later than two years after the completion of a safe drinking
water project.
(8)(a) The Economic and Community Development Department shall
manage the Water Fund and any expenditures from accounts in the
fund and transfers between accounts so that the fund value shall
be equal to at least 50 percent of lottery revenues actually
transferred to the fund plus interest on such amounts compounded
annually at five percent.
(b) If necessary to ensure repayment of bonds issued under ORS
285B.560 to 285B.599, the department may reduce the value of the
fund to less than the limit established in paragraph (a) of this
subsection when the department:
(A) Finds that without such a reduction in fund value, bonds
secured by the fund are likely to be in default; and
(B) Imposes a moratorium on grants until the requirements of
paragraph (a) of this subsection are satisfied.
(9)(a) The department may charge administrative costs to the
fund, but not to moneys segregated in the account created by
subsection (11) of this section, to pay for administrative
expenses incurred by the department.
(b) As used in this section, 'administrative expenses '
includes:
(A) The direct and administrative costs of processing
applications, investigating water projects, monitoring recipients
of financing for water projects and servicing and collecting
outstanding financial awards made for water projects; and
(B) The costs of contracting for planning and technical
assistance services and other support services for
municipalities.
(c) To the extent permitted by federal law, administrative
expenses of the department as limited in this subsection that are
paid from the fund shall not exceed four percent of the total
assets of the fund reduced by the bonded debt liabilities in any
one year. Administrative expenses of the department as limited in
this subsection may be paid from bond proceeds.
(10) The department may establish other accounts within the
Water Fund for the payment of water projects costs, reserves,
debt service payments, credit enhancements, costs of issuing
revenue bonds, administrative and operating expenses or any other
purpose necessary to carry out ORS 285B.560 to 285B.599.
(11) There is created within the Water Fund a separate and
distinct account for the proceeds from the sale of water
development general obligation bonds issued for safe drinking
water projects and credited to the special account under this
section. Any investment earnings thereon shall be segregated in
and continuously appropriated to a special, separately accounted
for subaccount of this account. Moneys credited to this account
shall be maintained separate and distinct from moneys credited to
subaccounts created under subsection (10) of this section.
Notwithstanding ORS 285B.566 or subsection (4) of this section,
all repayments of moneys loaned from the account created by this
subsection, including interest on such moneys, shall be credited
to the Water Development Administration and Bond Sinking Fund
created by ORS 541.830.
SECTION 396. ORS 315.604 is amended to read:
315.604. (1) As used in this section:
(a) 'Bone marrow donor expense' means the sum of the amounts
paid or incurred during the tax year by an employer for the
following:
(A) Development of an employee bone marrow donation program.
(B) Employee education related to bone marrow donation,
including but not limited to the need for donors and an
explanation of the procedures used to determine tissue type and
donate bone marrow.
(C) Payments to a health care provider for determining the
tissue type of an employee who agrees to register or registers as
a bone marrow donor.
(D) Wages paid to an employee for time reasonably related to
tissue typing and bone marrow donation.
(E) Transportation of an employee to the site of a donation or
any other service which is determined by the Department of
{ - Human Services - } { + Public Health + } by rule as
essential for a successful bone marrow donation.
(b) 'Employee' means an individual who:
(A) Is regularly employed by the taxpayer for more than 20
hours per week;
(B) Who is not a temporary or seasonal employee; and
(C) Whose wages are subject to withholding under ORS 316.162 to
316.212.
(c) 'Wages' has the meaning given the term for purposes of ORS
316.162 to 316.212.
(2) A business tax credit against the taxes otherwise due under
ORS chapter 316 for the tax year is allowed to a resident
employer, or if the employer is a corporation, to the employer
against the taxes otherwise due under ORS chapter 317. The amount
of the credit is equal to 25 percent of the bone marrow donor
expense paid or incurred during the tax year by an employer to
provide a program for employees who are potential bone marrow
donors or who actually become bone marrow donors.
(3)(a) Except as provided under paragraph (b) of this
subsection, the allowance of a credit under this section shall
not affect the computation of taxable income for purposes of ORS
chapter 316 or 317.
(b) If in determining the amount of the credit for any tax year
an amount allowed as a deduction under section 170 of the
Internal Revenue Code is included in bone marrow donation
expense, the amount allowed as a deduction shall be added to
federal taxable income.
(4) The credit allowed under this section shall be allowed to a
nonresident employer in the same manner as the credit is allowed
to a resident employer.
(5) Any tax credit otherwise allowable under this section which
is not used by the taxpayer in a particular tax year may be
carried forward and offset against the taxpayer's tax liability
for the next succeeding tax year. Any credit remaining unused in
such next succeeding tax year may be carried forward and used in
the second succeeding tax year. Any credit remaining unused in
such second succeeding tax year may be carried forward and used
in the third succeeding tax year. Any credit remaining unused in
such third succeeding tax year may be carried forward and used in
the fourth succeeding tax year. Any credit remaining unused in
such fourth succeeding tax year may be carried forward and used
in the fifth succeeding tax year, but may not be used in any tax
year thereafter.
SECTION 397. ORS 345.535 is amended to read:
345.535. (1) In adopting criteria for the registration of
private schools, the State Board of Education shall take into
consideration the unique qualities of private education while
seeking to further the educational opportunities of students
enrolled in such schools.
(2) After consultation with the advisory committee appointed
under ORS 345.575, the State Board of Education shall establish
by rule minimum criteria for the registration of private schools.
(3) In establishing standards, the State Board of Education
shall comply with the rules of the State Fire Marshal and the
Department of { - Human Services - } { + Public Health + }
relating to fire protection, health and sanitation.
SECTION 398. ORS 401.347 is amended to read:
401.347. The Office of Emergency Management shall provide
technical, clerical and other necessary support services to the
commission. The Department of Consumer and Business Services, the
Department of Human Services, { + the Department of Public
Health, + } the State Department of Geology and Mineral
Industries, the Department of Land Conservation and Development,
the Department of Transportation, the Water Resources Department
and the Oregon University System shall provide assistance, as
required, to the commission to enable it to meet its objectives.
SECTION 399. ORS 408.320 is amended to read:
408.320. The Oregon Public Health Advisory Board created under
ORS 431.195 shall:
(1) Order the compilation of statistical data from information
obtained under ORS 408.310 and determine the use and
dissemination of that data.
(2) Make recommendations to the Director of { - Human
Services - } { + Public Health + } or the Director of Veterans'
Affairs concerning the implementation and operation of programs
authorized by ORS 408.300 to 408.340.
(3) Assess programs of federal agencies operating for the
benefit of veterans exposed to causative agents and their
families, and make recommendations to the appropriate agencies
for the improvement of those programs.
(4) Suspend or terminate specific programs or duties required
under ORS 408.300 to 408.340 when necessary to prevent
duplication of those programs or duties by other governmental
agencies.
(5) Apply for, receive and accept any grants or contributions
available from the United States or any of its agencies for the
purpose of carrying out ORS 408.300 to 408.340.
(6) When the advisory board considers it necessary for the
health and welfare of veterans and the spouses, surviving spouses
and minor children of veterans, ask the Attorney General to
initiate proceedings as provided under ORS 408.335.
(7) Report biennially to the Legislative Assembly or to the
Emergency Board, as appropriate, as necessary to accomplish the
objectives of ORS 408.300 to 408.340 concerning the programs
instituted under ORS 408.300 to 408.340.
SECTION 400. ORS 409.010 is amended to read:
409.010. (1) The Department of Human Services is created.
(2) The department is responsible for the delivery and
administration of programs and services relating to:
(a) Children and families, including but not limited to child
protective services, foster care, residential care for children
and adoption services;
(b) Elderly persons and disabled persons, including but not
limited to social, health and protective services and promotion
of hiring of otherwise qualified persons who are certifiably
disabled;
(c) Persons who, as a result of the person's or the person's
family's economic, social or health condition, require financial
assistance, institutional care, rehabilitation or other social
and health services;
(d) Health and health-related affairs, including but not
limited to medical assistance and services, { - public health
services, - } migrant health services, licensing of health
facilities and coordination of the activities of professional and
occupational licensing boards;
(e) Mental health and developmental disabilities;
(f) Vocational rehabilitation for individuals with
disabilities;
(g) Alcohol abuse, drug abuse, addiction and chemical
dependency problems;
(h) Licensing and regulation of individuals, facilities and
programs providing health and human services, in accordance with
the provisions of state and federal law; and
(i) Any other health and human service programs and functions
delegated to the department by or in accordance with the
provisions of state and federal law.
(3) The department shall be the recipient of all federal funds
paid or to be paid to the state to enable the state to provide
the programs and services assigned to the department.
(4)(a) All personnel of the department, including those engaged
in the administration of vocational rehabilitation programs,
public assistance programs and services to families or children
in compliance with the federal social security laws, shall be
subject to the merit system prescribed in the State Personnel
Relations Law. For purposes of the State Personnel Relations Law,
the department is the appointing authority of all employees in
the department.
(b) The Director of Human Services, in conformity with the
State Personnel Relations Law, may appoint and employ such
personnel as may be necessary for the department, and may appoint
and fix the compensation of all assistants and employees of the
department.
(c) The director may authorize reimbursement of such expenses
as are approved by the department and incurred by assistants and
employees of the department, and by volunteers or other persons
not employed by the department, in carrying out duties assigned
or authorized by the department.
(5) The director may designate employees to be custodians of
records within any of the organizational units of the department,
and persons so designated shall have the duties and powers of
custodians of public records as prescribed by law. Such
designation shall be in writing and notice thereof shall be filed
in the office of the Secretary of State, with the director and in
the organizational unit to which the authorization applies.
SECTION 401. ORS 419B.005 is amended to read:
419B.005. As used in ORS 418.747, 418.748, 418.749 and 419B.005
to 419B.050, unless the context requires otherwise:
(1)(a) 'Abuse' means:
(A) Any assault, as defined in ORS chapter 163, of a child and
any physical injury to a child which has been caused by other
than accidental means, including any injury which appears to be
at variance with the explanation given of the injury.
(B) Any mental injury to a child, which shall include only
observable and substantial impairment of the child's mental or
psychological ability to function caused by cruelty to the child,
with due regard to the culture of the child.
(C) Rape of a child, which includes but is not limited to rape,
sodomy, unlawful sexual penetration and incest, as those acts are
defined in ORS chapter 163.
(D) Sexual abuse, as defined in ORS chapter 163.
(E) Sexual exploitation, including but not limited to:
(i) Contributing to the sexual delinquency of a minor, as
defined in ORS chapter 163, and any other conduct which allows,
employs, authorizes, permits, induces or encourages a child to
engage in the performing for people to observe or the
photographing, filming, tape recording or other exhibition which,
in whole or in part, depicts sexual conduct or contact, as
defined in ORS 167.002 or described in ORS 163.665 and 163.670,
sexual abuse involving a child or rape of a child, but not
including any conduct which is part of any investigation
conducted pursuant to ORS 419B.020 or which is designed to serve
educational or other legitimate purposes; and
(ii) Allowing, permitting, encouraging or hiring a child to
engage in prostitution, as defined in ORS chapter 167.
(F) Negligent treatment or maltreatment of a child, including
but not limited to the failure to provide adequate food,
clothing, shelter or medical care that is likely to endanger the
health or welfare of the child.
(G) Threatened harm to a child, which means subjecting a child
to a substantial risk of harm to the child's health or welfare.
(H) Buying or selling a person under 18 years of age as
described in ORS 163.537.
(b) 'Abuse' does not include reasonable discipline unless the
discipline results in one of the conditions described in
paragraph (a) of this subsection.
(2) 'Child' means an unmarried person who is under 18 years of
age.
(3) 'Public or private official' means:
(a) Physician, including any intern or resident.
(b) Dentist.
(c) School employee.
(d) Licensed practical nurse or registered nurse.
(e) Employee of the Department of Human Services,
{ + Department of Public Health, + } State Commission on
Children and Families, Child Care Division of the Employment
Department, the Oregon Youth Authority, a county health
department, a community mental health and developmental
disabilities program, a county juvenile department, a licensed
child-caring agency or an alcohol and drug treatment program.
(f) Peace officer.
(g) Psychologist.
(h) Member of the clergy.
(i) Licensed clinical social worker.
(j) Optometrist.
(k) Chiropractor.
(L) Certified provider of foster care, or an employee thereof.
(m) Attorney.
(n) Naturopathic physician.
(o) Licensed professional counselor.
(p) Licensed marriage and family therapist.
(q) Firefighter or emergency medical technician.
(r) A court appointed special advocate, as defined in ORS
419A.004.
(s) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
(4) 'Law enforcement agency' means:
(a) Any city or municipal police department.
(b) Any county sheriff's office.
(c) The Oregon State Police.
(d) A county juvenile department.
SECTION 402. ORS 419B.050 is amended to read:
419B.050. (1) Upon notice by either a law enforcement agency or
the Department of Human Services that a child abuse investigation
is being conducted under ORS 419B.020, a health care provider may
permit the law enforcement agency or the department to inspect
and copy medical records, including, but not limited to, prenatal
and birth records, of the child involved in the investigation
without the consent of the child, or the parent or guardian of
the child. A health care provider who in good faith disclosed
medical records under this section is not civilly or criminally
liable for the disclosure.
(2)(a) As used in this section, 'health care provider ' means a
person licensed by one of the following agencies, or any employee
of a person licensed by one of the following agencies:
(A) State Board of Examiners for Speech-Language Pathology and
Audiology;
(B) State Board of Chiropractic Examiners;
(C) State Board of Clinical Social Workers;
(D) Oregon Board of Licensed Professional Counselors and
Therapists;
(E) Oregon Board of Dentistry;
(F) State Board of Denture Technology;
(G) Board of Examiners of Licensed Dietitians;
(H) State Board of Massage Therapists;
(I) State Mortuary and Cemetery Board;
(J) Board of Naturopathic Examiners;
(K) Oregon State Board of Nursing;
(L) Board of Examiners of Nursing Home Administrators;
(M) Oregon Board of Optometry;
(N) State Board of Pharmacy;
(O) Board of Medical Examiners;
(P) Occupational Therapy Licensing Board;
(Q) Physical Therapist Licensing Board;
(R) State Board of Psychologist Examiners; or
(S) Board of Radiologic Technology.
(b) For the purposes of this section, 'health care provider'
includes a health care facility as defined in ORS 442.015 and
emergency medical technicians certified by the Department of
{ - Human Services - } { + Public Health + }.
SECTION 403. ORS 431.157 is amended to read:
431.157. Pursuant to ORS 448.100 (1), 446.425 (1) and 624.510
(1), the county is delegated the authority granted to the
Director of { - Human Services - } { + Public Health + } in
ORS 431.155.
SECTION 404. ORS 431.170 is amended to read:
431.170. (1) The Director of { - Human Services - }
{ + Public Health + } shall take direct charge of the functions
that are necessary to preserve the public health in any county or
district whenever any county or district official fails or
refuses to administer or enforce the public health laws or rules
that the { - director or board - } { + county or district
official or the county or district board of health + } is charged
to enforce.
(2) The director may call to the aid of the director such
assistance as is necessary for the enforcement of such statutes
and rules, the expense of which shall be borne by the county or
district making the use of this procedure necessary, to be paid
out of the respective county or district treasury upon vouchers
properly certified by the director.
SECTION 405. ORS 431.175 is amended to read:
431.175. If necessary, the Director of { - Human Services - }
{ + Public Health + } or a designee thereof, the State Fire
Marshal or a designee thereof or an officer of a law enforcement
agency may appear before any magistrate empowered to issue
warrants in criminal cases, and require such magistrate to issue
a warrant, directing it to any sheriff or deputy or any constable
or police officer, to enter the described property or to remove
any person or obstacle, or to defend any threatened violence to
the director or a designee thereof, the State Fire Marshal or a
designee thereof or an officer, upon entering private property,
or to assist the director in any way.
SECTION 406. ORS 431.190 is amended to read:
431.190. The Director of { - Human Services - } { + Public
Health + } shall appoint { - , not later than 60 days after
October 4, 1977, - } an advisory board to study the practices
and procedures of the health care professions in this state and
to recommend rules relating to the auditing of health care
practices in hospitals which will:
(1) Promote standard record keeping by hospitals and persons
practicing any of the healing arts in hospitals;
(2) Establish those criteria most appropriate for determining
the proper objects of such auditing; and
(3) Insure auditing of those practices and procedures most
relevant to the causes and occurrence of professional negligence
in hospitals.
SECTION 407. ORS 431.195 is amended to read:
431.195. (1) There is established the Oregon Public Health
Advisory Board to serve as an advisory body to the Director of
{ - Human Services - } { + Public Health + }.
(2) The members of the board shall be residents of this state
and shall be appointed by the Governor. The board shall consist
of 15 members at least one-half of whom shall be public members
broadly representing the state as a whole and the others to
include representatives of local government and public and
private health providers. At least two representatives, one
consumer and one provider, from the Oregon Health Council shall
serve on the board.
(3) The Oregon Public Health Advisory Board shall:
(a) Advise the director on policy matters related to the
operation of the Department of { - Human Services - } { +
Public Health + }.
(b) Provide a review of statewide public health issues and make
recommendations to the director.
(c) Participate in public health policy development.
(4) Members shall be appointed for four-year terms. No person
shall serve more than two consecutive terms.
(5) The board shall meet at least quarterly.
(6) Members of the board shall be entitled to compensation and
expenses as provided in ORS 292.495.
(7) Vacancies on the board shall be filled by appointments of
the Governor for the unexpired term.
SECTION 408. ORS 431.250 is amended to read:
431.250. (1) The Department of { - Human Services - }
{ + Public Health + } hereby is designated as the state agency
to apply to and receive from the federal government or any agency
thereof such grants for promoting public health and the
prevention of disease, including grants for cancer control and
industrial hygiene programs, as may be available to this state or
any of its political subdivisions or agencies.
(2) For the purposes of subsection (1) of this section, the
department shall:
(a) Disburse or supervise the disbursement of all funds made
available at any time by the federal government or this state for
those purposes.
(b) Adopt, carry out and administer plans for those purposes.
Plans so adopted shall be made statewide in application insofar
as reasonably feasible, possible or permissible, and shall be so
devised as to meet the approval of the federal government or any
of its agencies, not inconsistent with the laws of the state.
SECTION 409. ORS 432.015 is amended to read:
432.015. The State Registrar of the Center for Health
Statistics, under the supervision of the Director of { - Human
Services - } { + Public Health + }, in compliance with ORS
183.310 to 183.550, shall adopt rules necessary to the
installation and efficient performance of an adequate system of
vital and public health statistics including rules for the return
of evidence affecting delayed certificates, or affecting
alteration of a certificate, after the certificate has been filed
with the state registrar.
SECTION 410. ORS 432.020 is amended to read:
432.020. The Director of { - Human Services - } { + Public
Health + } shall appoint the State Registrar of the Center for
Health Statistics who shall qualify in accordance with standards
of education and experience as the director shall determine.
SECTION 411. ORS 432.025 is amended to read:
432.025. The State Registrar of the Center for Health
Statistics, with the approval of the Director of { - Human
Services - } { + Public Health + }, may appoint, when
necessary, assistant state registrars who shall be assistants to
the state registrar.
SECTION 412. ORS 432.287 is amended to read:
432.287. (1) The Director of { - Human Services - }
{ + Public Health + } shall adopt by rule a form of a voluntary
acknowledgment of paternity that includes the minimum
requirements specified by the United States Secretary of Health
and Human Services. When the form is signed by both biological
parents and witnessed by a third party, the form establishes
paternity for all purposes when filed with the State Registrar of
the Center for Health Statistics, provided there is no male
parent already named on the birth certificate. Establishment of
paternity under this section is subject to the provisions and the
requirements in ORS 109.070. When there is no other male named
as father on the child's birth certificate, the filing of such
voluntary acknowledgment of paternity form shall cause the state
registrar to place the name of the male parent who has signed the
voluntary acknowledgment of paternity form on the birth
certificate of the child or, if appropriate, issue a new birth
certificate containing the name of the child's male parent, as
that parent is named in the voluntary acknowledgment of paternity
form. When signed by both parents in the health care facility of
the child's birth within five days after the birth, the voluntary
acknowledgment of paternity form is not a sworn document. When
thus signed, a staff member of the health care facility shall
witness the signatures of the parents. In all other
circumstances, the form is a sworn document. The filing of the
voluntary acknowledgment of paternity form created by this
section is subject to the payment of any fees that may apply.
(2) The voluntary acknowledgment of paternity form must
contain:
(a) A statement of rights and responsibilities including any
rights afforded to a minor parent;
(b) A statement of the alternatives to and consequences of
signing the acknowledgment;
(c) Instructions on how to file the form with the state
registrar and information about any fee required;
(d) Lines for the Social Security numbers and addresses of the
parents; and
(e) A statement that the rights, responsibilities, alternatives
and consequences listed on the acknowledgment were read to the
parties prior to signing the acknowledgment.
(3) Upon request, the state registrar shall provide a copy of
any voluntary acknowledgment of paternity form to the state
agency responsible for administration of the child support
enforcement program created under Title IV-D of the Social
Security Act. The duty imposed upon the state registrar by this
section is limited to birth certificates executed and filed with
the state registrar after October 1, 1995.
SECTION 413. ORS 432.900 is amended to read:
432.900. (1) In addition to any other liability or penalty
provided by law, the Director of { - Human Services - }
{ + Public Health + } may impose a civil penalty on any person
for willful failure to comply with any part of ORS 432.520. A
civil penalty may be imposed against a health care facility for
each day compliance is refused. The penalty shall be $50 per day
for the first 30 days and $500 per day thereafter. A civil
penalty of $50 may be imposed against a practitioner for each day
compliance is refused.
(2) Any fines collected pursuant to subsection (1) of this
section shall be paid into the State Treasury and deposited in
the General Fund.
(3) Civil penalties described in subsection (1) of this section
shall be imposed in the manner provided in ORS 183.090.
SECTION 414. ORS 433.990 is amended to read:
433.990. (1) Violation of ORS 433.004 or 433.008, 433.255,
433.260 or 433.715 is a Class A misdemeanor.
(2) Violation of ORS 433.010 is punishable, upon conviction, by
imprisonment in the custody of the Department of Corrections for
not more than three years.
(3) Violation of ORS 433.035 is punishable upon conviction by a
fine of not less than $10 nor more than $100, or by imprisonment
for not less than 10 days nor more than 30 days, or by both.
(4) Violation of ORS 433.850 is a Class D violation punishable
by fines totaling not more than $50 per day, not to exceed $1,000
in any 30-day period.
(5) Violation of ORS 433.345 or 433.365 is a Class B violation.
Failure to obey any lawful order of the Director of
{ - Human Services - } { + Public Health + } issued under ORS
433.350 is a Class C misdemeanor.
(6) Any organizer, as defined in ORS 433.735, violating ORS
433.745 is punishable, upon conviction, by a fine of not more
than $10,000.
SECTION 415. ORS 443.035 is amended to read:
443.035. (1) A license may be granted, or may be renewed
annually, for the calendar year beginning on or after January 1,
1996, upon payment of a fee as follows:
(a) For a new home health agency:
(A) $1,000; and
(B) An additional $1,000 for each subunit of a parent home
health agency.
(b) For renewal of a license:
(A) $600; and
(B) An additional $600 for each subunit of a parent home health
agency.
(c) For a change of ownership at a time other than the annual
renewal date:
(A) $500; and
(B) An additional $500 for each subunit of a parent home health
agency.
(2) Notwithstanding subsection (1)(c) of this section, the fee
for a change in ownership shall be $100 if a change in ownership
does not involve:
(a) The majority owner or partner; or
(b) The administrator operating the agency.
(3) All fees received pursuant to subsection (1) of this
section shall be paid over to the State Treasurer and credited to
the { - Public Health Account - } { + Department of Human
Services Account + }. Such moneys are appropriated continuously
to the Department of Human Services for the administration of ORS
443.005 to 443.095.
SECTION 416. ORS 446.310 is amended to read:
446.310. As used in ORS 446.310 to 446.350, unless the context
requires otherwise:
(1) 'Camping vehicle' means either a vacation trailer or a
self-propelled vehicle or structure equipped with wheels for
highway use and which is intended for human occupancy and is
being used for vacation and recreational purposes, but not for
residential purposes, and is equipped with plumbing, sink or
toilet.
(2) 'Construction' means work regulated by the state building
code as defined in ORS 455.010.
(3) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(4) 'Director' means the Director of { - Human Services - }
{ + Public Health + }.
(5) 'Health official' means a local public health administrator
appointed pursuant to ORS 431.418.
(6) 'Hostel' means any establishment having beds rented or kept
for rent on a daily basis to travelers for a charge or fee paid
or to be paid for rental or use of facilities and which are
operated, managed or maintained under the sponsorship of a
nonprofit organization which holds a valid exemption from federal
income taxes under the Internal Revenue Code of 1954 as amended.
(7) 'Organizational camp' includes any area designated by the
person establishing, operating, managing or maintaining the same
for recreational use by groups or organizations which include but
are not limited to youth camps, scout camps, summer camps, day
camps, nature camps, survival camps, athletic camps, camps which
are operated and maintained under the guidance, supervision or
auspices of religious, public and private educational systems and
community service organizations.
(8) 'Picnic park' means any recreation park which is for day
use only and provides no recreation vehicle or overnight camping
spaces.
(9) 'Tourist facility' means any travelers' accommodation,
hostel, picnic park, recreation park and organizational camp.
(10) 'Recreation park' means any area designated by the person
establishing, operating, managing or maintaining the same for
picnicking, overnight camping or use of recreational vehicles by
the general public or any segment of the public. 'Recreation
park' includes but is not limited to areas open to use free of
charge or through payment of a tax or fee or by virtue of rental,
lease, license, membership, association or common ownership and
further includes, but is not limited to those areas divided into
two or more lots, parcels, units or other interests for purposes
of such use.
(11) 'Regulating agency' means, with respect to a tourist
facility, the Department of { - Human Services - } { + Public
Health + }.
(12) 'Travelers' accommodation' includes any establishment,
which is not a hostel, having rooms, apartments or sleeping
facilities rented or kept for rent on a daily or weekly basis to
travelers or transients for a charge or fee paid or to be paid
for rental or use of facilities.
SECTION 417. ORS 446.320 is amended to read:
446.320. (1) No person shall establish, operate, manage or
maintain a tourist facility, without a license from the Director
of { - Human Services - } { + Public Health + }.
(2) Organizational camps operated under rental or leasehold
agreements may be licensed either to the landlord or to the
tenant provided that the license holder shall be responsible for
compliance with ORS 446.310 to 446.350 and the rules adopted
thereunder.
SECTION 418. ORS 446.321 is amended to read:
446.321. (1) Every application for licensing of a tourist
facility as defined in ORS 446.310 and required by ORS 446.320
shall pay to the Department of { - Human Services - }
{ + Public Health + } a fee established by department rule. The
fee shall not exceed $60, except that recreation parks shall pay
an additional fee not to exceed $2 for each space.
(2) Rules adopted pursuant to subsection (1) of this section
shall be adopted in accordance with ORS 183.310 to 183.550.
SECTION 419. ORS 446.322 is amended to read:
446.322. Upon receipt of a completed application on a
Department of { - Human Services - } { + Public Health + }
form, required fee, and after representation by the applicant
that the facility is in compliance with the provisions of ORS
446.310 to 446.350, and the rules adopted pursuant thereto, and
the requirements of the Department of Consumer and Business
Services, the Department of
{ - Human Services - } { + Public Health + } shall issue a
license, unless there is reason to believe noncompliance exists.
SECTION 420. ORS 446.324 is amended to read:
446.324. (1) If any applicant for licensing or any person to
whom a license has been issued fails to comply with the
provisions of ORS 446.310 to 446.350 or with the rules adopted
pursuant thereto, the Department of { - Human Services - }
{ + Public Health + } may deny issuance of, suspend or revoke
the license or assess a civil penalty.
(2) Hearings on the denial, suspension or revocation of a
license or on assessing a civil penalty shall be conducted as a
contested case in accordance with ORS 183.310 to 183.550.
SECTION 421. ORS 446.325 is amended to read:
446.325. (1) Public entities, private persons or nonprofit
organizations described under ORS 446.265 (3), timber companies
and private utilities shall not establish or operate a recreation
park without complying with the rules of the Department of
{ - Human Services - } { + Public Health + } and securing the
approval of the Director of { - Human Services - } { + Public
Health + } or designee but shall be exempt from the licensing
requirement of ORS 446.320. The director or designee may
delegate, to a health official having sufficient sanitarians, the
authority to approve such recreation parks.
(2) ORS 446.310 to 446.350 do not apply to:
(a) Any structure designed for and occupied as a single family
residence in which no more than two sleeping rooms are provided
on a daily or weekly basis for the use of no more than a total of
six travelers or transients at any one time for a charge or fee
paid or to be paid for the rental or use of the facilities;
(b) Any temporary camping sites used solely and incidentally in
the course of backpacking, hiking, horseback packing, canoeing,
rafting or other expedition, unless the expedition is part of an
organizational camp program; or
(c) A yurt, as defined in ORS 446.265, that is used as a living
unit in transitional housing accommodations.
SECTION 422. ORS 446.330 is amended to read:
446.330. In accordance with ORS 183.310 to 183.550, the
Department of { - Human Services - } { + Public Health + }
may adopt any rules necessary for the administration of ORS
446.310 to 446.350 and 446.990, including but not limited to
rules, concerning the construction, operation and use of tourist
facilities that are necessary to protect the health and welfare
of persons using these facilities. The rules shall pertain but
not be restricted to water supply, final sewage disposal, surface
drainage, maintenance, insect and rodent control, garbage
disposal, designation and maintenance of camping space and the
cleanliness of the premises.
SECTION 423. ORS 446.335 is amended to read:
446.335. (1) The Director of { - Human Services - }
{ + Public Health + } or designee may inspect every tourist
facility to determine whether it conforms with ORS 446.310 to
446.350 and the rules adopted pursuant thereto. A person
operating such facility shall permit the director or designee
access to all of the facility at any reasonable time.
(2) The operator of a seasonal facility which customarily is
closed for 120 days or more in any 12-month period shall notify
the director in writing of the intention to reopen at the
beginning of a season. Notice shall be given at least 30 days
prior to the reopening.
SECTION 424. ORS 446.340 is amended to read:
446.340. (1) The owner or operator of a recreation park or
organizational camp is responsible for the sanitary condition of
the park grounds and buildings.
(2) If sanitary facilities are not provided in a recreation
park or organizational camp for the safe disposal of sewage or
other wastes from a camping vehicle, a notice shall be posted in
a conspicuous place stating that camping vehicles are permitted
overnight only if the vehicle's waste holding tanks are used.
(3) Notwithstanding ORS 446.330, the Department of { - Human
Services - } { + Public Health + } shall not require an owner
or operator of a recreation park or organizational camp to
provide both toilets and dumping stations.
SECTION 425. ORS 446.345 is amended to read:
446.345. No person shall:
(1) Use kitchen or toilet facilities in a camping vehicle being
operated on a highway or parked overnight at a place where
sanitary facilities are not provided unless the person makes
provision whereby sewage and other waste materials can be held in
watertight and sanitary containers of a type approved by the
Department of { - Human Services - } { + Public Health + }.
(2) Empty a container described in subsection (1) of this
section except into a public sewerage system, septic tank or
cesspool of a type approved by the department. However, in
isolated areas where space is not available in a recreation park
or organizational camp and such facilities are not available,
these containers may be emptied into the ground if all sewage and
other waste materials are buried at least one foot below the
surface of the ground.
(3) When using a recreation park or organizational camp, create
an insanitary condition or deposit putrescible or nonputrescible
waste any place other than in appropriate containers designated
for such purposes.
SECTION 426. ORS 446.347 is amended to read:
446.347. (1) In addition to any other penalty provided by law,
any person who violates any rule of the Department of { - Human
Services - } { + Public Health + } relating to the
construction, operation or maintenance of a tourist facility or
part thereof may incur a civil penalty not to exceed $1,000 per
violation.
(2) No civil penalty prescribed under subsection (1) of this
section shall be imposed until the person incurring the penalty
has received five days' advance notice in writing from the
department or unless the person incurring the penalty shall
otherwise have received actual notice of the violation not less
than five days prior to the violation for which a penalty is
imposed.
SECTION 427. ORS 446.348 is amended to read:
446.348. (1) The Director of { - Human Services - }
{ + Public Health + } shall adopt by rule a schedule or
schedules establishing the amount of civil penalty that may be
imposed for a particular violation.
(2) The director may impose the penalty without hearing but
only after the notice required by ORS 446.347 (2). In imposing a
penalty pursuant to the schedule or schedules adopted pursuant to
this section, the director shall consider the following factors:
(a) The past history of the person incurring a penalty in
taking all feasible steps or procedures necessary or appropriate
to correct any violation.
(b) Any prior violations of statutes, rules, orders and permits
pertaining to the water system.
(c) The economic and financial conditions of the person
incurring the penalty.
(3) The penalty imposed under this section may be remitted or
mitigated upon such terms and conditions as the Department of
{ - Human Services - } { + Public Health + } considers proper
and consistent with the public health and safety.
SECTION 428. ORS 446.350 is amended to read:
446.350. The Tourist Facility Account is established in the
General Fund of the State Treasury. All moneys received under ORS
446.310 to 446.350 by the Director of { - Human Services - }
{ + Public Health + } shall be credited to the Tourist Facility
Account. All moneys in the account are appropriated continuously
to the Department of { - Human Services - } { + Public
Health + } for the purpose of administering and enforcing ORS
446.310 to 446.350.
SECTION 429. ORS 446.425 is amended to read:
446.425. (1) The Director of { - Human Services - }
{ + Public Health + } shall delegate to any county board of
commissioners which requests any of the authority,
responsibilities and functions of the director under ORS 446.310,
446.320, 446.330 to 446.340, 446.345, 446.350 and 446.990 if the
director determines that the county is able to carry out the
rules of the Department of { - Human Services - } { + Public
Health + } relating to fee collection, inspections, enforcement
and issuance and revocation of permits and licenses in compliance
with standards for enforcement by the counties and monitoring by
the department. Such standards shall be established by the
department in consultation with the appropriate county officials
and in accordance with ORS 431.345. The department shall review
and monitor each county's performance under this subsection. In
accordance with ORS 183.310 to 183.550, the director may suspend
or rescind a delegation under this subsection. If it is
determined that a county is not carrying out such rules or the
delegation is suspended, the unexpended portion of the fees
collected under subsection (2) of this section shall be available
to the department for carrying out the authority, responsibility
and functions under this section.
(2) The county may determine the amount of, and retain, any fee
for any function undertaken pursuant to subsection (1) of this
section. The amount of the fees shall not exceed the costs of
administering the inspection program. The county, quarterly,
shall remit 15 percent of an amount equal to the state licensing
fee or 15 percent of the county license fee whichever is less, to
the department for consultation service and maintenance of the
statewide program.
(3) In any action, suit or proceeding arising out of county
administration of functions pursuant to subsection (1) of this
section and involving the validity of a rule adopted by the
department, the department shall be made a party to the action,
suit or proceeding.
SECTION 430. ORS 448.990 is amended to read:
448.990. (1) Violation of ORS 448.005 to 448.090 by any person,
firm or corporation, whether acting as principal or agent,
employer or employee, is punishable, upon conviction, by a fine
of not less than $25 nor more than $500 or by imprisonment in the
county jail not exceeding six months, or by both. Each day that
the violation continues is a separate offense.
(2) Subject to ORS 153.022, violation of any of the following
is punishable as a Class A misdemeanor:
(a) Any rule of the Department of { - Human Services - }
{ + Public Health + } adopted pursuant to ORS 448.115 to
448.330.
(b) Any order issued by the department pursuant to ORS 448.175.
(c) ORS 448.265 or 448.315 (2)(a).
SECTION 431. ORS 451.445 is amended to read:
451.445. (1) When certified copy of the findings of the
Director of { - Human Services - } { + Public Health + } is
filed with the county court as provided by ORS 431.740 or
431.750, the county court shall, subject to ORS 198.792, proceed
to form the district to provide the facilities described in the
findings and shall enter an order in accordance with ORS 451.485.
(2) The county court shall, within one year after making its
order under ORS 451.485, prepare plans and specifications for the
service facilities proposed to be provided within the district
and proceed in accordance with the time schedule to construct or
install the facilities.
(3) Notwithstanding the provisions of ORS 451.487, the order of
the county court under ORS 451.485 is not subject to referendum
if it is adopted in accordance with subsection (1) of this
section and as a result of proceedings conducted under ORS
431.705 to 431.760.
(4) Notwithstanding ORS 451.495, when service facilities are to
be constructed for the purpose of removing or alleviating a
danger to public health and as a result of proceedings conducted
by ORS 431.705 to 431.760, if any portion of the cost of the
service facilities is to be assessed against the property
directly benefited, ORS 451.495 (1)(c) does not apply to the
general ordinance providing for the method of assessment which
must be adopted under ORS 451.495.
SECTION 432. ORS 452.151 is amended to read:
452.151. The board may request technical advice and information
from the Oregon State University Agricultural Experiment Station
and the Department of { - Human Services - } { + Public
Health + } regarding methods and chemicals to be used in the
control and extermination of rats and public health vectors.
SECTION 433. ORS 452.300 is amended to read:
452.300. The Department of { - Human Services - }
{ + Public Health + } shall maintain a program of public health
vector control, which program shall include, but not be limited
to:
(1) Monitoring and investigating public health vectors and
vector-borne diseases.
(2) Providing technical assistance and information to vector
control districts, local vector control programs and the public.
(3) Maintaining training programs for vector control district
personnel and other public health personnel.
(4) Coordinating and assisting vector control district programs
and other local programs in research projects.
(5) Reviewing vector control program pesticide use plans
submitted by agencies which intend to use chemicals for vector
control. Agencies must obtain the approval of the Department of
{ - Human Services - } { + Public Health + } prior to
pesticide applications.
SECTION 434. ORS 452.530 is amended to read:
452.530. (1) Notwithstanding any other provisions of law the
department shall administer and enforce the provisions of ORS
452.510 to 452.590.
(2) The department may make all rules and regulations for the
administration of ORS 452.510 to 452.590, and provide the
necessary forms to carry those sections into effect. This
includes the authority necessary to promulgate regulations
affecting persons and property before, during or after the
department has detected, controlled or destroyed ragweed and to
prevent the spreading or regrowth of the weed.
(3) The department may cooperate with federal agencies, the
Oregon State University, extension service, the Department of
{ - Human Services - } { + Public Health + } and all other
public and private agencies or organizations in the
administration of ORS 452.510 to 452.590. The department shall
publish and furnish information and advice concerning the control
of ragweed, the injurious consequences of ragweed pollen and the
necessity of preventing the further spread of this obnoxious
weed.
SECTION 435. ORS 453.005 is amended to read:
453.005. As used in ORS 453.005 to 453.135 { - and 453.990
(2) - } unless the context requires otherwise:
(1) 'Combustible' means any substance which has a flash point
above 80 degrees Fahrenheit to and including 140 degrees, as
determined by the Tagliabue Open Cup Tester.
(2) 'Commerce' means any and all commerce within the State of
Oregon and subject to the jurisdiction thereof and includes the
operation of any business or service establishment.
(3) 'Corrosive' means any substance which in contact with
living tissue will cause destruction of tissue by chemical
action, but does not refer to action on inanimate surfaces.
(4) 'Electrical hazard' means an article which because of its
design or manufacture may cause personal injury or illness by
electric shock when in normal use or when subjected to reasonably
foreseeable damage or abuse.
(5) 'Extremely flammable' means any substance which has a flash
point at or below 20 degrees Fahrenheit as determined by the
Tagliabue Open Cup Tester.
(6) 'Flammable' means any substance which has a flash point of
above 20 degrees to and including 80 degrees Fahrenheit, as
determined by the Tagliabue Open Cup Tester.
(7) 'Hazardous substance' means:
(a) Any substance which is toxic, corrosive, an irritant, a
strong sensitizer, flammable, combustible, or generates pressure
through decomposition, heat or other means, if such substance or
mixture of substances may cause substantial personal injury or
substantial illness during or as a proximate result of any
customary or reasonably foreseeable handling or use, including
reasonably foreseeable ingestion by children or any substance
which the Director of { - Human Services - } { + Public
Health + } finds, pursuant to the provisions of ORS 453.005 to
453.135 { - and 453.990 (2) - } , comes within the definition
of this paragraph.
(b) Any radioactive substance, if, with respect to such
substance as used in a particular class of article or as
packaged, the director determines that the substance is
sufficiently hazardous to require labeling in accordance with ORS
453.005 to 453.135 { - and 453.990 (2) - } in order to protect
the public health. However, the term 'hazardous substance' does
not include any source material, special nuclear material, or
by-product material as defined in the Atomic Energy Act of 1954,
as amended, and regulations issued pursuant thereto by the Atomic
Energy Commission.
(c) Any toy or other article intended for use by children which
the director determines in accordance with ORS 453.055 presents
an electrical, thermal or mechanical hazard.
(d) Any article which is not pesticide within the meaning of
the Federal Insecticide, Fungicide, and Rodenticide Act or
regulated under ORS 616.335 to 616.385, but which is a hazardous
substance within the meaning of paragraph (a) of this subsection
by reason of bearing or containing pesticide.
(8) 'Highly toxic' means any substance which falls within any
of the following categories:
(a) Produces death within 14 days in one-half or more of a
group of 10 or more laboratory white rats each weighing between
200 and 300 grams, at a single dose of 50 milligrams or less per
kilogram of body weight, when orally administered; or
(b) Produces death within 14 days in one-half or more of a
group of 10 or more laboratory white rats each weighing between
200 and 300 grams, when inhaled continuously for a period of one
hour or less at an atmosphere concentration of 200 parts per
million by volume or less of gas or vapor or two milligrams per
liter by volume or less of mist or dust, provided such
concentration is likely to be encountered by humans when the
substance is used in any reasonably foreseeable manner; or
(c) Produces death within 14 days in one-half or more of a
group of 10 or more rabbits tested in a dosage of 200 milligrams
or less per kilogram of body weight, when administered by
continuous contact with the bare skin for 24 hours or less.
(9) 'Immediate container' does not include package liners.
(10) 'Irritant' means any substance not corrosive within the
meaning of subsection (3) of this section, but which on
immediate, prolonged, or repeated contact with normal living
tissue will induce a local inflammatory reaction.
(11) 'Label' means a display of written, printed, or graphic
matter upon the immediate container of any substance, or in the
case of an article which is unpackaged or is not packaged in an
immediate container intended or suitable for delivery to the
ultimate consumer, a display of such matter directly on the
article involved or on a tag or other suitable material affixed
thereto, and a requirement made by or under authority of ORS
453.005 to 453.135 { - and 453.990 (2) - } that any word,
statement, or other information appearing on the label shall not
be considered to be complied with unless such word, statement, or
other information also appears on the outside container or
wrapper, if any, unless it is easily legible through the outside
container or wrapper and on all accompanying literature where
there are directions for use, written or otherwise.
(12) 'Mechanical hazard' means an article which in normal use
or when subjected to reasonably foreseeable damage or abuse
presents an unreasonable risk of personal injury or illness, by
its design or manufacture:
(a) From fracture, fragmentation, or disassembly of the
article;
(b) From propulsion of the article or any part or accessory
thereof;
(c) From points or other protrusions, surfaces, edges,
openings, or closures;
(d) From moving parts;
(e) From lack or insufficiency of controls to reduce or stop
motion;
(f) As a result of self-adhering characteristics of the
article;
(g) Because the article or any part or accessory thereof may be
aspirated or ingested;
(h) Because of instability; or
(i) Because of any other aspect of the article's design or
manufacture.
(13) 'Misbranded hazardous substance' means a hazardous
substance that does not meet the labeling requirements of ORS
453.035.
(14) 'Poison' means:
(a) Arsenic and its preparations;
(b) Corrosive sublimate;
(c) Cyanides and preparations, including hydrocyanic acid;
(d) Hydrochloric acid and any preparation containing free or
chemically unneutralized hydrochloric acid (HCl) in a
concentration of 10 percent or more;
(e) Nitric acid or any preparation containing free or
chemically unneutralized nitric acid (HNO3) in a concentration of
five percent or more;
(f) Strychnine;
(g) Sulfuric acid and any preparation containing free or
chemically unneutralized sulfuric acid (H2SO4) in a concentration
of 10 percent or more;
(h) Solution of ammonia, U.S.P. 28 percent; or
(i) Carbolic acid.
(15) 'Radioactive substance' means a substance which emits
ionizing radiation.
(16) 'Strong sensitizer' means a substance which will cause on
normal living tissue, through an allergic or photodynamic
process, a hypersensitivity which becomes evident on
reapplication of the same substances and which is designated as
such by the Director of { - Human Services - } { + Public
Health + }.
(17) 'Thermal hazard' means an article which, in normal use or
when subjected to reasonably foreseeable damage or abuse, because
of its design or manufacture presents an unreasonable risk of
personal injury or illness because of heat as from heated parts,
substances or surfaces.
(18) 'Toxic substance' means any substance, other than
radioactive substance, which has the capacity to produce personal
injury or illness to humans through ingestion, inhalation, or
absorption through any body surface.
SECTION 436. ORS 453.035 is amended to read:
453.035. (1) The Director of { - Human Services - }
{ + Public Health + } shall adopt standards for the labeling of
hazardous substances. The director may permit or require the use
of a recognized generic name or may require the common or usual
name or the chemical name, if there is no common or usual name,
of the hazardous substance or of each component which the
director finds contributes substantially to its hazard.
(2) The director shall require:
(a) The word 'Danger' on substances which are extremely
flammable, corrosive or highly toxic;
(b) The word 'Warning' or 'Caution' on other hazardous
substances;
(c) An affirmative statement of the principal hazard or
hazards, such as 'Flammable,' 'Combustible,' 'Vapor Harmful,'
'Causes Burns,' 'Absorbed Through Skin,' or similar wording
descriptive of the hazard;
(d) Precautionary measures describing the action to be followed
or avoided, except when modified by rule of the director pursuant
to subsection (4) of this section;
(e) Instruction, when necessary or appropriate, for first-aid
treatment;
(f) The word 'Poison' for any hazardous substance which is
defined as 'highly toxic' in ORS 453.005;
(g) Instructions for handling and storage of packages which
require special care in handling or storage;
(h) Adequate directions for the protection of children from the
hazard if the article is intended for use by children and is not
a banned hazardous substance, or the statement 'Keep out of the
reach of children,' or its practical equivalent, if the article
is not intended for use by children; and
(i) The name and place of business of the manufacturer, packer,
distributor or seller.
(3) Any statement required by this section must be in the
English language, located prominently and in conspicuous and
legible type in contrast by typography, layout or color with
other printed matter on the label.
(4) If the director finds that, because of the size of the
package involved or because of the minor hazard presented by the
substance contained therein, or for other good and sufficient
reasons, full compliance with the labeling requirements otherwise
applicable under ORS 453.005 to 453.135 and 453.990 (2) is
impracticable or is not necessary for the adequate protection of
the public health and safety, the director may authorize the
exemption of such substance from the requirements, to an extent
consistent with adequate protection of the public health and
safety.
SECTION 437. ORS 453.055 is amended to read:
453.055. (1) The Director of { - Human Services - }
{ + Public Health + } shall declare to be a hazardous substance
any substance or mixture of substances which the director finds
to be within the definition of hazardous substance in ORS
453.005.
(2) If the director finds that any hazardous substance is a
misbranded hazardous substance, the director shall require such
reasonable variations or labeling requirements in addition to
those required by ORS 453.035 as the director finds necessary for
the protection of the public health and safety. However, if the
director finds that any hazardous substance cannot be labeled
adequately to protect the public health and safety, or the
article presents an imminent danger to the public health and
safety, the director may declare the article to be a banned
hazardous substance and require its removal from commerce.
(3) If the director finds that a toy or other article intended
for use by children is a hazardous substance, bears or contains a
hazardous substance in a manner as to be susceptible of access by
a child to whom the toy or other article is entrusted or presents
an electrical, mechanical or thermal hazard, the director shall
declare a toy or other article to be a banned hazardous substance
and require its removal from commerce.
(4) If the director finds that any hazardous substance
intended, or packaged in a form suitable, for use in a household,
notwithstanding cautionary labeling as required under ORS 453.005
to 453.135 and 453.990 (2), involves a degree or nature of the
hazard by its presence or use in households that the protection
of the public health and safety can be adequately served only by
keeping the substance out of the channels of commerce, the
director shall declare the hazardous substance to be a banned
hazardous substance and require its removal from commerce.
(5) Any hazardous substance intended, or packaged in a form
suitable for use in the household or by children, which fails to
bear a label in accordance with ORS 453.035 and the standards of
the director shall be deemed to be a misbranded hazardous
substance.
(6) Any hazardous substance contained in a reused food, drug or
cosmetic container is a misbranded hazardous substance.
SECTION 438. ORS 453.065 is amended to read:
453.065. (1) Whenever the Director of { - Human Services - }
{ + Public Health + } or a designated representative finds or
has probable cause to believe that any hazardous household
substance is misbranded, or is a banned hazardous substance, the
director or designated representative shall affix to such article
a tag or other appropriate marking, giving notice that such
article is or is suspected of being misbranded or is a banned
hazardous substance, and has been detained or embargoed, and
warning all persons not to remove or dispose of such article by
sale or otherwise until permission for removal or disposal is
given by such agent or the court.
(2) When an article detained or embargoed under subsection (1)
of this section has been found to be misbranded or a banned
hazardous substance, the director shall petition the circuit
court of the county within which the article is detained or
embargoed for a label of condemnation of such article. However,
if the director or a designated representative finds that an
article so detained or embargoed is not misbranded or a banned
hazardous substance, the director or designated representative
shall remove the tag or other marking.
(3) If the court finds that a detained or embargoed article is
misbranded or a banned hazardous substance, after entry of the
decree, the article shall be destroyed at the expense of the
owner or claimant thereof, under supervision of the director or a
designated representative, and all court costs and fees, and
storage and other proper expenses, shall be taxed against the
owner or claimant of such article or the owner or claimant agent.
However, when the misbranding can be corrected by proper labeling
of the article, after entry of the decree and after such costs,
fees, and expenses have been paid and a good and sufficient bond
or irrevocable letter of credit issued by an insured institution,
as defined in ORS 706.008, conditioned that such article shall be
so labeled, has been executed, the court may order that such
article be delivered to the owner or claimant thereof for such
labeling under the supervision of an agent of the director. The
expense of such supervision shall be paid by claimant. The
article shall be returned to the claimant on the representation
to the court by the director that the article is no longer in
violation of ORS 453.005 to 453.135 and 453.990 (2), and that the
expenses of such supervision have been paid.
SECTION 439. ORS 453.075 is amended to read:
453.075. (1) Any article or substance sold by its manufacturer,
distributor, or dealer which is a banned hazardous substance,
whether or not it was such at the time of its sale, shall, in
accordance with rules of the Director of { - Human Services - }
{ + Public Health + }, be repurchased as provided in this
section.
(2) The manufacturer or distributor of any such article shall
repurchase it from the person to whom the manufacturer or
distributor sold it, and shall:
(a) Refund to that person the purchase price paid for such
article or substance; and
(b) If that person has repurchased such article or substance
pursuant to this paragraph or paragraph (a) of this subsection,
reimburse the person for any amounts paid in accordance with this
section for the return of such article or substance in connection
with its repurchase; and
(c) If the manufacturer requires the return of such article or
substance in connection with the repurchase of it, reimburse that
person for any reasonable and necessary expenses incurred in
returning it to the manufacturer.
(3) In the case of any such article or substance sold at retail
by a dealer, if the person who purchased it from the dealer
returns it to the dealer, the dealer shall refund to the
purchaser the purchase price paid for it and reimburse the person
for any reasonable and necessary transportation charges incurred
in its return.
(4) As used in this section:
(a) 'Manufacturer' includes an importer for resale.
(b) 'Distributor' includes a dealer who sells at wholesale an
article or substance with respect to that sale.
SECTION 440. ORS 453.085 is amended to read:
453.085. It shall be unlawful for any person to perform any of
the following acts:
(1) The introduction or delivery for introduction into commerce
of any misbranded hazardous substance or banned hazardous
substance.
(2) The alteration, mutilation, destruction, obliteration, or
removal of the whole or any part of the label of a hazardous
substance.
(3) The doing of any act with respect to a hazardous substance
while the substance is in commerce, or while the substance is
held for sale or resale after shipment in commerce, which results
in the hazardous substance being a misbranded hazardous substance
or a banned hazardous substance.
(4) The receipt of or delivery into commerce of any misbranded
hazardous substance or banned hazardous substance for pay or
otherwise.
(5) The giving of a guarantee or undertaking which is false,
except as a person who relied upon a guarantee or undertaking to
the same effect signed by, and containing the name and address
of, a person residing in the United States from whom the person
received in good faith the hazardous substance.
(6) The failure to permit entry or inspection as authorized by
ORS 453.005 to 453.135 and 453.990 (2) or to permit access to and
copying of any record as authorized by ORS 453.005 to 453.135 and
453.990 (2).
(7) The introduction or delivery for introduction into
commerce, or the receipt in commerce and subsequent delivery or
proffered delivery for pay or otherwise, of a hazardous substance
in a reused food, drug or cosmetic container or in a container
which, though not a reused container, is identifiable as a food,
drug or cosmetic container by its labeling or by other
identification.
(8) The use by any person to the advantage of the person, or
the revealing other than to the Director of { - Human
Services - } { + Public Health + } or the authorized
representative of the director or to a court of any information
acquired under authority of ORS 453.005 to 453.135 and 453.990
(2) concerning any method or process which is a trade secret
entitled to protection.
(9) The sale or delivery of any poison to a minor under 18
years of age without the written order of a person 21 years of
age or over, which written order shall be retained in the records
of the seller and the poison register of the seller shall show by
the name of the purchaser the fact that the sale or delivery was
to a minor on order of an adult and show the adult's name and
address.
(10) The sale or delivery of completely denatured alcohol,
methyl alcohol (methanol), canned heat or other solidified forms
of denatured alcohol, or any preparation containing those
substances, to be used for beverage purposes.
(11) The sale or delivery of any poison without making or
causing to be made an entry in a poison register of the seller in
the manner required by law.
(12) The sale or delivery to any person of any poison without
having learned by due inquiry that such person is aware of the
poisonous character thereof and that it is desired for a lawful
purpose.
(13) The giving of a fictitious name or making any false
representations to the seller or dealer when buying any of the
poisons.
(14) The sale or delivery to any person by anyone other than a
pharmacist of a poison.
(15) The removal or disposal of any detained or embargoed
article without permission of the Director of { - Human
Services - } { + Public Health + } or a designated
representative.
SECTION 441. ORS 453.095 is amended to read:
453.095. (1) The authority to adopt rules for the
administration and enforcement of ORS 453.005 to 453.135 and
453.990 (2) is vested in the Director of { - Human Services - }
{ + Public Health + } pursuant to ORS 183.310 to 183.550.
(2) The director shall cause the rules adopted under ORS
453.005 to 453.135 and 453.990 (2) to be no less strict than
rules established pursuant to the Federal Hazardous Substances
Act.
(3) The combustibility, and extreme flammability of solids and
of the contents of self-pressurized containers shall be
determined by methods found by the director to be generally
applicable to such materials or containers, respectively, and
established by the director.
(4) Before designating any substance as a strong sensitizer,
the director, upon consideration of the frequency of occurrence
and severity of the reaction, shall find that the substance has a
significant potential for causing hypersensitivity.
SECTION 442. ORS 453.105 is amended to read:
453.105. (1) For the purposes of enforcement of ORS 453.005 to
453.135 and 453.990 (2), the Director of { - Human Services - }
{ + Public Health + } or a designated representative upon
presenting appropriate credentials to the owner, operator or
agent in charge, may:
(a) Enter, at reasonable times, any factory, warehouse or
establishment in which hazardous substances are manufactured,
processed, packed, or held for introduction into commerce or are
held after such introduction, or to enter any vehicle being used
to transport or hold such hazardous substances in commerce.
(b) Inspect, at reasonable times, and within reasonable limits
and in a reasonable manner, such factory, warehouse,
establishment or vehicle, and all pertinent equipment, finished
and unfinished materials, and labeling therein.
(c) Obtain samples of such materials or packages thereof, or of
such labeling.
(2) If the director or a designated representative obtains any
sample, prior to leaving the premises, the director or designated
representative shall pay or offer to pay the owner, operator, or
agent in charge for such sample and give a receipt describing the
sample obtained.
SECTION 443. ORS 453.115 is amended to read:
453.115. (1) For the purpose of enforcing the provisions of ORS
453.005 to 453.135 and 453.990 (2), carriers engaged in commerce,
and persons receiving hazardous substances in commerce or holding
such hazardous substances so received shall, upon request, permit
the Director of { - Human Services - } { + Public Health + }
or a designated representative at reasonable times, to have
access to and to copy all records showing the movement in
commerce of any such hazardous substances, or the holding thereof
during or after such movement, and the quantity, shipper, and
consignee thereof. Such request must be accompanied by a
statement in writing specifying the nature or kind of such
hazardous substance to which such request relates.
(2) Evidence obtained under this section shall not be used in a
criminal prosecution of the person from whom obtained.
(3) Carriers shall not be subject to the other provisions of
ORS 453.005 to 453.135 and 453.990 (2) by reason of their
receipt, carriage, holding or delivery of hazardous substances in
the usual course of business as carriers.
SECTION 444. ORS 453.125 is amended to read:
453.125. In addition to the remedies provided in ORS 453.005 to
453.135 and 453.990 (2), the Director of { - Human Services - }
{ + Public Health + } may apply to the circuit court for, and
such court shall have jurisdiction upon hearing and for cause
shown, to grant a temporary or permanent injunction restraining
any person from violating any provision of ORS 453.085.
SECTION 445. ORS 453.135 is amended to read:
453.135. Before any violation of ORS 453.005 to 453.135 and
453.990 (2) is reported to any district attorney or police
official for the institution of a criminal proceeding, the person
against whom such proceeding is contemplated shall be given
appropriate notice and an opportunity to present the person's
views before the Director of { - Human Services - }
{ + Public Health + } or the designated agent of the director,
either orally or in writing, in person, or by attorney, with
regard to such contemplated proceeding.
SECTION 446. ORS 453.205 is amended to read:
453.205. As used in ORS 453.205 to 453.275:
(1) 'Art or craft material' means any raw or processed material
or manufactured product marketed or being represented by the
manufacturer, repackager or principal importer as being suitable
for use in any phase of the creation of any work of visual or
graphic art of any medium. 'Art or craft material ' does not
include economic poisons subject to the Federal Insecticide,
Fungicide, and Rodenticide Act (61 Stats. 163) or drugs, devices
or cosmetics, which are subject to the Federal Food, Drug and
Cosmetics Act (52 Stats. 1040).
(2) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(3) 'Human carcinogen' means any substance listed as a human
carcinogen by the International Agency for Research on Cancer.
(4) 'Medium' includes, but is not limited to, paintings,
drawings, prints, sculpture, ceramics, enamels, jewelry, stained
glass, plastic sculpture, photographs and leather and textile
goods.
(5) 'Potential human carcinogen' means one of the following:
(a) Any substance which does not meet the definition of human
carcinogen, but for which there exists sufficient evidence of
carcinogenicity in animals, as determined by the International
Agency for Research on Cancer.
(b) Any chemical shown to be changed by the human body into a
human carcinogen.
(6) 'Toxic substance causing chronic illness' means any of the
following:
(a) Human carcinogens.
(b) Potential human carcinogens.
(c) Any substance included in the list of hazardous substances
prepared by the Department of Consumer and Business Services
pursuant to the Hazard Communication Rule, Division 155,
notwithstanding exemptions made for substances on the list which
are used in particular forms, circumstances or concentrations, if
the health hazard presented by the substance is not the subject
of label statements required by federal law.
SECTION 447. ORS 453.225 is amended to read:
453.225. For the purposes of ORS 453.205 to 453.275, an art or
craft material shall be presumed to contain an ingredient which
is a toxic substance causing chronic illness if the ingredient,
whether an intentional ingredient or an impurity, is one percent
or more by weight of the mixture or product, or if the Department
of { - Human Services - } { + Public Health + } determines
that the toxic or carcinogenic properties of the art or craft
material are such that labeling is necessary for the adequate
protection of the public health and safety.
SECTION 448. ORS 453.235 is amended to read:
453.235. No person shall distribute any art or craft material
containing toxic substances causing chronic illness on which the
person:
(1) Has failed to affix a conspicuous label containing the
signal word 'WARNING,' to alert users of potential adverse health
effects.
(2) Has failed to affix a conspicuous label warning of the
health related dangers of the art or craft material.
(a) If the product contains a human carcinogen, the warning
shall contain the statement: 'CANCER HAZARD! Overexposure may
create cancer risk. '
(b) If the product contains a potential human carcinogen and
does not contain a human carcinogen, the warning shall contain
the statement: 'POSSIBLE CANCER HAZARD! Overexposure might create
cancer risk. '
(c) If the product contains a toxic substance causing chronic
illness, the warning shall contain, but not be limited to, the
following statement or statements where applicable:
(A) 'May cause sterility or damage to reproductive organs. '
(B) 'May cause birth defects or harm to developing fetus. '
(C) 'May be excreted in human milk causing harm to nursing
infant. '
(D) 'May cause central nervous system depression or injury. '
(E) 'May cause numbness or weakness in the extremities. '
(F) 'Overexposure may cause damage to (specify organ). '
(G) 'Heating above (specify degrees) may cause hazardous
decomposition products. '
(d) If a product contains more than one chronically toxic
substance, or if a single substance can cause more than one
chronic health effect, the required statements may be combined
into one warning statement.
(3) Has failed to affix on the label a list of ingredients
which are toxic substances causing chronic illness.
(4) Has failed to affix on the label a statement or statements
of safe use and storage instructions, conforming to the following
list. The label shall contain, but not be limited to, as many of
the following risk statements as are applicable:
(a) 'Keep out of reach of children. '
(b) 'When using, do not eat, drink or smoke. '
(c) 'Wash hands after use and before eating, drinking or
smoking. '
(d) 'Keep container tightly closed. '
(e) 'Store in well ventilated area. '
(f) 'Avoid contact with skin. '
(g) 'Wear protective clothing (specify type). '
(h) 'Wear National Institute of Occupational Safety and Health
(NIOSH) certified masks for dusts, mists or fumes. '
(i) 'Wear NIOSH certified respirator with appropriate cartridge
for (specify type). '
(j) 'Wear NIOSH certified supplied air respirator. '
(k) 'Use window exhaust fan to remove vapors and assure
adequate ventilation (specify explosion proof if necessary). '
(L) 'Use local exhaust hood (specify type). '
(m) 'Do not heat above (specify degrees) without adequate
ventilation. '
(n) 'Do not use or mix with (specify material). '
(5) Has failed to affix on the label a statement on where to
obtain more information, such as 'call your local poison control
center for more health information. '
(6) Has failed to affix on the label the name and address of
the manufacturer.
(7)(a) If the information listed in subsection (4)(a) to (n) of
this section cannot fit on the package label, a package insert
shall be required to convey all the necessary information to the
consumer. In this event, the label shall contain a statement to
refer to the package insert, such as 'CAUTION: See package insert
before use.' The language on this insert shall be nontechnical
and nonpromotional in tone and content.
(b) For purposes of this subsection, 'package insert' means a
display of written, printed or graphic matter upon a leaflet or
suitable material accompanying the art supply.
(8) The requirements set forth in subsections (1) to (7) of
this section shall not be considered to be complied with unless
the required words, statements or other information appear on the
outside container or wrapper, or on a package insert which is
easily legible through the outside container or wrapper and is
painted in a color in contrast with the product or the package
containing the product.
(9) The Department { + of Public Health + } may exempt a
material from full compliance with ORS 453.205 to 453.275. In
considering this exemption, the { - Health Division - }
{ + department + } shall take into consideration the potential
for reasonably foreseeable misuse of a material by a child.
(10) If an art or craft material complies with labeling
standards D-4236 of the American Society for Testing and
Materials (ASTM), the material complies with the provisions of
ORS 453.205 to 453.275, unless the { - division - }
{ + department + } determines that the label on an art or craft
material does not satisfy the purposes of ORS 453.205 to 453.275.
SECTION 449. ORS 453.245 is amended to read:
453.245. (1) For the 1986-1987 academic year and for each
academic year thereafter, no art or craft material which is
considered by the Department of { - Human Services - }
{ + Public Health + } to contain a toxic substance causing
chronic illness, as defined in ORS 453.205, shall be ordered or
purchased by any school or school district for use by students in
kindergarten and grades 1 through 6.
(2) Commencing June 1, 1986, any substance which is defined in
ORS 453.205 as a toxic substance causing chronic illness shall
not be purchased or ordered by a school or school district for
use by students in grades 7 through 12 unless it meets the
labeling standards specified in ORS 453.235.
(3) If the department finds that, because the chronically
toxic, carcinogenic or radioactive substances contained in an art
or craft material cannot be ingested, inhaled or otherwise
absorbed into the body during any reasonably foreseeable use of
the material in a way that could pose a potential health risk,
the department may exempt the material from these requirements to
the extent it determines to be consistent with adequate
protection of the public health and safety.
SECTION 450. ORS 453.255 is amended to read:
453.255. (1) By June 1, 1986, the Department of { - Human
Services - } { + Public Health + } shall develop a list of
those art or craft materials which can be purchased or ordered
for use in kindergarten and in grades 1 through 6 and a list of
materials which, while not currently sold or manufactured, may be
reasonably suspected to still exist at some schools. In
developing the lists, the department shall consult with
manufacturers of art supplies, artists' groups, health
organizations and toxicologists as the department considers
appropriate.
(2) The Superintendent of Public Instruction shall distribute
the lists to all school districts and shall make the lists
available to preschools, child care centers and other businesses
and organizations which involve children in the use of art or
craft materials.
(3) The superintendent shall inform school districts of the
requirements of ORS 453.205 to 453.275 and shall encourage school
districts to dispose of art or craft materials which may contain
human carcinogens, potential human carcinogens or toxic
substances causing chronic illness, but which are not affected by
ORS 453.205 to 453.275.
SECTION 451. ORS 453.265 is amended to read:
453.265. (1) The manufacturer of any art or craft material
sold, distributed, offered for sale or exposed for sale in this
state shall supply to a national poison control network approved
by the Director of { - Human Services of the Department of
Human Services - } { + Public Health + } the formulation
information required by that network for dissemination to poison
control centers. Failure to file formulation information with an
approved poison control network is a violation of ORS 453.205 to
453.275.
(2) The requirements set forth in ORS 453.235 shall not be
considered to be complied with unless all required words,
statements or other information accompany art or craft materials
from manufacturer to consumer, not excluding any distributor,
packager or repackager.
SECTION 452. ORS 453.342 is amended to read:
453.342. Any fire department, emergency service personnel or
law enforcement agency responding to an incident of injury to a
human, wildlife, domestic animal or property resulting from a
hazardous substance emergency shall make a report of the
incident, in writing, to the office of the State Fire Marshal.
The State Fire Marshal annually shall summarize all incidents
reported to the State Fire Marshal and the information received
as a result of the survey conducted under ORS 453.317. The State
Fire Marshal shall submit a copy of the summary to:
(1) The Governor;
(2) The Legislative Assembly;
(3) The Department of Environmental Quality;
(4) The Department of Consumer and Business Services;
(5) The Department of Transportation;
(6) The Department of { - Human Services - } { + Public
Health + };
(7) The Environmental Health Sciences Center at Oregon State
University;
(8) The Office of Emergency Management of the Department of
State Police; and
(9) Every public library as defined in ORS 357.400.
SECTION 453. ORS 453.347 is amended to read:
453.347. (1) The State Fire Marshal shall assist with emergency
response planning by appropriate agencies of government at the
local, state and national levels to assure that the response to a
hazardous substance fixed site or transportation accident is
swift and appropriate to minimize damage to any person, property
or wildlife. This planning shall include assisting in and
training for the preparation of localized plans setting forth
agency responsibilities for on-scene response.
(2) The State Fire Marshal may apply for funds as available to
train, equip and maintain an appropriate response capability at
the state and local level.
(3) The State Fire Marshal shall issue certificates to local
agency personnel who have completed the training.
(4) To the extent practicable, the emergency preparedness and
response program for hazardous substances as provided in this
section shall be consistent with the program for radioactive
material, wastes and substances developed by the Office of Energy
and { + the + } Department of { - Human Services - }
{ + Public Health + } under ORS chapters 453 and 469.
SECTION 454. ORS 453.370 is amended to read:
453.370. (1) In order to maintain and ensure the effectiveness
of state programs established under ORS 453.307 to 453.414, as
well as to ensure the effectiveness of local efforts, a local
government may establish, enforce or enact a local community
right to know regulatory program provided that the local program
complies with the requirements of this section.
(2) To the extent that a local program is supported in whole or
in part by fees, those fees may be set, imposed or assessed only
by the local government that is implementing the local program.
Such fees are allowed only to the extent not otherwise prohibited
or limited by law. Such fees:
(a) Shall be adopted by ordinance as a fee schedule, after
notice and public hearing; and
(b) May not exceed $2,000 for any single facility in any
calendar year.
(3)(a) All local community right to know regulatory program
enforcement, including but not limited to penalties, may be
imposed only by a local fire official or a board established by
the local government to implement the local community right to
know regulatory program.
(b) Penalties for violations of a community right to know
regulatory program shall not exceed $1,000 per day and shall be
assessed according to a schedule adopted by the local government
after notice and public hearing. Except when a local government
has reasonable grounds to find that an employer willfully and
knowingly avoided compliance with the local program, and as long
as the employer submits the required information within 30 days
following a written notification of noncompliance, penalties
shall be suspended if the employer has no history of violating
the local program.
(4) After notice and public hearing, the local government must
determine that:
(a) Existing reporting to local, state or federal agencies is
inadequate to meet the needs and concerns of the local
government;
(b) The state or federal government does not collect data that
will provide substantially the same information desired by the
local government;
(c) The local government has asked the appropriate state agency
to operate the program desired by the local government and the
state agency has not committed to do so within 180 days;
(d) The Department of Environmental Quality, the State Fire
Marshal and the Department of { - Human Services - }
{ + Public Health + } have had an opportunity to comment on the
proposed program and the local government has responded to those
comments; and
(e) The local government has provided an opportunity for
written and oral public comment on the proposed program.
(5) Any local government that operates a local community right
to know regulatory program shall:
(a) Provide for an opportunity to report data electronically;
(b) Place data reported under the program on the Internet with
instructions for the general public that explain the organization
of the data; and
(c) Keep records of data usage and otherwise document interest
in the collected data.
(6) Data and other information presented under a local
community right to know regulatory program:
(a) Shall clearly distinguish, where appropriate, public health
interpretations from the raw data;
(b) May, where feasible, indicate specifically which hazardous
substances and toxic substances are being released into the local
air, water and land; and
(c) Shall include locations where a person may obtain
epidemiological statistics related to health effects of the
hazardous substances and toxic substances, if available.
(7) For any hazardous substance or toxic substance that a local
government proposes to require an employer to report under a
local community right to know regulatory program established
pursuant to this section, the local government shall seek written
and oral public comment and provide written notice to interested
parties prior to adoption as a reporting requirement. The local
government must provide the public with an opportunity to comment
on the appropriateness of reporting on the proposed hazardous
substance or toxic substance, including but not limited to
commenting on health and environmental considerations, economic
concerns and feasibility of compliance. The local government
shall consider the comments before adopting a list or making
additions to a list of hazardous substances and toxic substances
to be reported.
(8) In administering a local community right to know regulatory
program, a local government shall establish procedures to exempt,
when reasonable, an entity from all or part of the local program
for the purpose of protecting trade secrets or where the local
government determines that the operations of the entity pose
little or no risk to the public health or the environment.
(9) Except as prohibited by federal or state law, a local
program shall not differentiate between public and private
employers.
(10) Nothing in this section shall be construed to limit the
authority of a local government to:
(a) Distribute information collected under the state Community
Right to Know and Protection Act; or
(b) Adopt or enforce a local ordinance, rule or regulation
strictly necessary to comply with:
(A) The Uniform Building Code as adopted and amended by the
Director of the Department of Consumer and Business Services;
(B) A uniform fire code; or
(C) Any requirement of a state or federal statute, rule or
regulation, including but not limited to those controlling
hazardous substances, toxic substances or other environmental
contaminants.
(11) For any local community right to know regulatory program
established before January 1, 1999, subsections (2), (4) to (7)
and (9) of this section shall not apply until July 1, 2003.
SECTION 455. ORS 453.510 is amended to read:
453.510. (1) There is established the Interagency Hazard
Communication Council consisting of 21 members.
(2) The council shall consist of the following:
(a) The State Fire Marshal or designee.
(b) The Director of { - Human Services - } { + Public
Health + } or designee.
(c) The Director of Agriculture or designee.
(d) The State Forester or designee.
(e) The State Fish and Wildlife Director or designee.
(f) The Director of the Department of Consumer and Business
Services or designee.
(g) The chairperson of the Public Utility Commission or
designee.
(h) The Director of the Office of Emergency Management of the
Department of State Police or designee.
(i) The chairperson of the Department of Agricultural Chemistry
of Oregon State University or designee.
(j) The director of the Poison Control and Drug Information
Program of the Oregon Health and Science University or designee.
(k) The Director of the Department of Environmental Quality or
designee.
(L) The administrator of the Office of Energy or designee.
(m) The Director of Transportation or designee.
(n) The Superintendent of State Police or designee.
(o) The Governor or designee from the office of the Governor.
(p) The Governor may appoint the Director or designee of the
Center for Research on Occupational and Environmental Toxicology
created under ORS 353.460 and administered by the Oregon Health
and Science University.
(q) Two representatives of local government appointed by the
Governor, at least one of whom is either a firefighter or another
emergency response person.
(r) Three members appointed by the Governor for four-year terms
shall represent the public at large, at least one of whom
represents a public interest group.
(3) The council shall:
(a) Facilitate interagency cooperation in updating the
hazardous substance survey under ORS 453.317;
(b) Facilitate interagency access to data collected that
relates to hazardous material or hazardous substances;
(c) Coordinate state agencies' regulatory responsibilities over
hazardous material and hazardous substances;
(d) Provide, in a timely manner, advice or recommendations to a
state agency required to consult with the council regarding
programs involving hazardous material or hazardous substances;
and
(e) Undertake all duties of a state emergency response
commission required by the Emergency Planning and Community
Right-to-Know Act of 1986 (P.L. 99-499) including but not limited
to:
(A) Designating emergency planning districts.
(B) Appointing members of local emergency planning committees.
(C) Providing oversight for the implementation of reporting
requirements in connection with the council's duties under
paragraph (a) of this subsection.
(D) Commenting on local emergency plans.
(4) Public members shall be entitled to compensation and
expenses as provided in ORS 292.495 which shall be paid by the
State Fire Marshal.
(5) The council shall meet on a regular basis at a time and
place determined by the council.
(6) The chairperson of the Interagency Hazard Communication
Council shall be the Governor or the Governor's designee.
(7) As used in this section:
(a) 'Hazardous material' means one of the following:
(A) A material designated by the commission under ORS 466.630.
(B) Hazardous waste as defined in ORS 466.005.
(C) Radioactive waste as defined in ORS 469.300, radioactive
material identified by the Energy Facility Siting Council under
ORS 469.605 and radioactive substances as defined in ORS 453.005.
(D) Communicable disease agents as regulated by the Department
of { - Human Services - } { + Public Health + } under ORS
433.010 to 433.045 and 433.106 to 433.990 and ORS chapter 431.
(E) Hazardous substances designated by the United States
Environmental Protection Agency under section 311 of the Federal
Water Pollution Control Act, P.L. 92-500, as amended.
(b) 'Hazardous substance' means:
(A) Any substance designated as hazardous by the Director of
the Department of Consumer and Business Services or by the State
Fire Marshal;
(B) Any substance for which a material safety data sheet is
required by the Director of the Department of Consumer and
Business Services under ORS 654.035 and which appears on the list
of Threshold Limit Values for Chemical Substances and Physical
Agents in the Work Environment by the American Conference of
Governmental Industrial Hygienists; or
(C) Radioactive waste and material as defined in ORS 469.300
and radioactive substance as defined in ORS 453.005.
SECTION 456. ORS 453.527 is amended to read:
453.527. (1) The Interagency Hazard Communication Council shall
use an executive committee consisting of:
(a) The State Fire Marshal or designee.
(b) The Director of { - Human Services - } { + Public
Health + } or designee.
(c) The chairperson of the Public Utility Commission or
designee.
(d) The Director of the Office of Emergency Management of the
Department of State Police or designee.
(e) The Director of the Department of Environmental Quality or
designee.
(f) The administrator of the Office of Energy or designee.
(g) The Director of Transportation or designee.
(h) The Governor or designee from the office of the Governor
who shall be the chairperson of the executive committee.
(i) The Superintendent of State Police or designee.
(2) The executive committee shall meet at least once each month
at a time and place determined by the committee.
(3) The executive committee shall:
(a) Make recommendations to the full Interagency Hazard
Communication Council regarding:
(A) The boundaries of local emergency planning districts;
(B) Members of local emergency planning committees; and
(C) Proposed comments on the local emergency plans.
(b) Provide oversight and assistance to local emergency
planning committees in carrying out the requirements of the
Emergency Planning and Community Right-to-Know Act of 1986 (P.L.
99-499).
SECTION 457. ORS 453.605 is amended to read:
453.605. In ORS 453.605 to 453.800, unless the context requires
otherwise:
(1) 'By-product material' means radioactive material, other
than special nuclear material, that is yielded or made
radioactive by exposure to the radiation incident to the process
of producing or utilizing special nuclear material.
(2) 'Department' means the Department of { - Human
Services - } { + Public Health + }.
(3) 'Director' means the Director of { - Human Services - }
{ + Public Health + }.
(4) 'Electronic product' means any manufactured product or
device or component part of such a product or device that has an
electronic circuit which during operation can generate or emit a
physical field of radiation, such as, but not limited to
microwave ovens, laser systems or diathermy machines.
(5) 'Federal government' means the United States or any agency
or instrumentality of the United States.
(6) 'General license' means a license, effective under rules of
the department without the filing of an application, to acquire,
own, possess, use or transfer a device or equipment that produces
radiation, or a quantity of, or a device or equipment that
utilizes, by-product material, source material, special nuclear
material or other radioactive material that occurs naturally or
is produced artificially.
(7) 'Person' means any of the following other than the United
States Atomic Energy Commission or any successor thereto:
(a) Individual, group, association, firm, partnership,
corporation, trust, estate, agency or public or private
institution;
(b) Political subdivision or agency of this state;
(c) State other than this state or any political subdivision or
agency of a state other than this state; or
(d) The legal successor, representative, agent or agency of a
person listed in paragraphs (a) to (c) of this subsection.
(8) 'Radiation' means:
(a) Ionizing radiation including gamma rays, X-rays, alpha and
beta particles, protons, neutrons and other atomic or nuclear
particles or rays.
(b) Any electromagnetic radiation that can be generated during
the operations of electronic products and that the department has
determined to present a biological hazard to the occupational or
public health and safety but does not mean electromagnetic
radiation that can be generated during the operation of an
electronic product that is licensed by the Federal Communications
Commission.
(c) Any sonic, ultrasonic or infrasonic waves that are emitted
from an electronic product as a result of the operation of an
electronic circuit in such product and that the department has
determined to present a biological hazard to the occupational or
public health and safety.
(9) 'Source material' means:
(a) Uranium, thorium or any other material that the department
declares to be essential to the production of special nuclear
material by an order made after the United States Atomic Energy
Commission or any successor thereto has determined the material
to be source material; or
(b) Ore that contains such a concentration of one or more
materials mentioned in paragraph (a) of this subsection that the
department declares the ore to be essential to the production of
special nuclear material by an order made after the United States
Atomic Energy Commission or any successor thereto has determined
such ore to be source material.
(10) 'Special nuclear material' means any of the following that
is not source material:
(a) Plutonium, uranium 233, uranium enriched in the isotope 233
or in the isotope 235, or any other material that the department
declares to be capable of releasing substantial quantities of
atomic energy by an order made after the United States Atomic
Energy Commission or any successor thereto has determined the
material to be special nuclear material.
(b) Material artificially enriched by any material mentioned in
paragraph (a) of this subsection.
(11) 'Specific license' means a license, issued after
application, to receive, acquire, own, possess, use, manufacture,
produce or transfer a device or equipment that produces
radiation, or a quantity of, or a device or equipment that
utilizes, by-product material, source material or special nuclear
material or other radioactive material that occurs naturally or
is produced artificially.
(12) 'X-ray machine' means a device or equipment that produces
radiation when in operation but does not utilize by-product
material, source material, special nuclear material or other
radioactive material that occurs naturally or is produced
artificially.
(13) 'X-ray machine registration' means an authorization
granted by the department allowing the operation of an X-ray
machine.
SECTION 458. ORS 453.635 is amended to read:
453.635. (1) The Department of { - Human Services - }
{ + Public Health + } is the State Radiation Control Agency, but
ORS 453.605 to 453.800 do not apply to a radiation source while
it is being transported on a railroad car or in a motor vehicle
subject to and in conformity with rules adopted by the Department
of Transportation nor do they apply to any matter other than
transportation of radiation sources within the authority of the
Energy Facility Siting Council under ORS chapter 469. To protect
occupational and public health and safety against radiation
hazards the Department of { - Human Services - } { + Public
Health + } shall:
(a) Develop programs to evaluate hazards associated with the
use of radiation sources; and
(b) With due regard for compatibility with the regulatory
programs of the federal government, promulgate standards and make
reasonable regulations relating to registration, licensing, use,
handling, transport, storage, disposal, other than disposal
regulated by ORS 469.300 to 469.563, 469.590 to 469.619 and
469.930, and control of radiation sources, including but not
limited to by-product materials, source materials and special
nuclear materials.
(2) To protect occupational and public health and safety
against radiation hazards the department or its authorized
representative may:
(a) Advise, consult and cooperate with other agencies of this
state, the federal government, other states, interstate agencies,
political subdivisions of this state or other states and with
groups concerned with control of radiation sources;
(b) Encourage, participate in or conduct studies,
investigations, training, research or demonstrations relating to
control of radiation sources;
(c) Accept and administer loans, grants or other funds or
gifts, conditional or otherwise, from the federal government or
from any other source, public or private;
(d) Collect and disseminate information relating to control of
radiation sources; and
(e) Subject to any applicable provision of the State Personnel
Relations Law, appoint officers and employees and prescribe their
duties and fix their compensation.
SECTION 459. ORS 453.645 is amended to read:
453.645. The Director of { - Human Services - } { + Public
Health + } shall appoint a Radiation Advisory Committee to advise
the Department of
{ - Human Services - } { + Public Health + } on matters
relating to radiological health and radiation protection. The
committee shall consist of eight persons who because of their
training and experience are qualified to advise the department on
such matters and they shall serve at the pleasure of the
director. The members of the Radiation Advisory Committee are
entitled to compensation and expenses as provided in ORS 292.495.
SECTION 460. ORS 453.665 is amended to read:
453.665. (1) Subject to subsection (2) of this section, the
Department of { - Human Services - } { + Public Health + }
shall provide for the issuance, allowance, modification,
amendment, revision, suspension and revocation of general and
specific licenses that relate to by-product materials, source
materials or special nuclear materials and to devices or
equipment that utilize any of those materials. The department
shall not require a specific license for the use of an X-ray
machine within the limits of the license by a licensed dentist,
chiropodist or veterinarian or by a person licensed to practice
medicine, surgery, osteopathy, chiropractic, naturopathic
medicine or any other system or method of healing. Otherwise the
department may require registration or a general or specific
license or both registration and a general or specific license
with respect to any radiation source.
(2)(a) Each application for a specific license shall be in
writing and shall state such information as the department by
regulation determines both to be necessary to decide the
applicant's technical, insurance, financial or other
qualifications and to be reasonable and necessary to protect
occupational and public health and safety. At any time after the
filing of the application for and before the expiration of a
specific license the department may require further written
statements, and may cause such inspections to be made as the
department considers necessary, to determine whether the license
should be granted, denied, modified, amended, revised, suspended
or revoked. An application for a specific license or any
statement relating to that application or to any license pursuant
thereto shall be signed by the applicant or licensee. The
department may require any such application or statement to be
made under oath or affirmation.
(b) Each license shall be in such form and contain such terms
and conditions as the department considers necessary to protect
the occupational and public health and safety.
(c) No general or specific license or right to possess or use a
radiation source under a general or specific license may be
assigned in any manner without the approval of the department.
(d) The terms and conditions of any general or specific license
may be modified, amended or revised by regulation or order.
(e) Subject to any requirement for registration, the department
may by regulation recognize a license from any other state or
from the federal government as compliance with a license
requirement of this section or of ORS 453.635.
(f) When the department finds that a radiation source, a use of
a radiation source, a user of a radiation source or a class of
such sources, uses or users will not constitute a significant
risk to the health and safety of the public, the department may
exempt the source, use, user or class, as the case may be, from
any requirement for registration or a license.
SECTION 461. ORS 453.675 is amended to read:
453.675. (1) When in the opinion of the Governor, such
agreements will promote public health and safety and assist in
the peaceful uses of radiation sources, the Governor on behalf of
this state shall enter into agreements with the federal
government providing for discontinuance of certain of the federal
government's responsibilities with respect to radiation sources
and the assumption thereof by this state.
(2) When a person immediately before the effective date of an
agreement under subsection (1) of this section has a license from
the federal government to do anything which relates to by-product
material, source material or special nuclear material and which
on the effective date of the agreement is subject to the control
of this state, the person shall be considered to have a like
license under ORS 453.605 to 453.800 until the expiration date
specified in the license from the federal government or until the
end of the 90th day after the person receives notice from the
Department of
{ - Human Services - } { + Public Health + } that the license
will be considered expired, whichever is earlier.
SECTION 462. ORS 453.685 is amended to read:
453.685. (1) The Director of { - Human Services - }
{ + Public Health + } may enter at any reasonable time upon any
private or public property, with the permission of the owner or
custodian, to determine whether there is compliance with ORS
453.605 to 453.800 and rules lawfully issued pursuant thereto.
When such permission is not obtained or given, if the director
has grounds to believe that a violation of ORS 453.605 to 453.800
or rules lawfully issued pursuant thereto exists, the director
may apply to the proper judicial officer for a warrant to enter
upon the property for purposes of inspection, search or seizure
consonant with the scope of ORS 453.605 to 453.800; except that
in a case where the director has grounds to believe that a
violation of ORS 453.605 to 453.800 or rules pursuant thereto
exists which presents a clear and present danger to the health,
safety or security of the state or its citizens, the director may
make such entry of property as is reasonable to abate the danger
involved and for that purpose.
(2) Upon application to the proper judicial officer for a
warrant to enter property under this section, the judicial
officer shall forthwith summarily determine whether or not
grounds to issue such warrant exists, and if the judicial officer
finds such exists, the judicial officer shall immediately issue a
warrant authorizing entry by the director upon the described
property for the purposes of ORS 453.605 to 453.800. The director
shall not be liable for injury or damage resulting from the
action taken or authorized in good faith and without malice under
the apparent authority of this section, even though such action
is later judicially determined to be unlawful.
SECTION 463. ORS 453.695 is amended to read:
453.695. (1) When the Department of { - Human Services - }
{ + Public Health + } by regulation so requires, any person who
possesses or uses a radiation source shall cause to be made, in
the manner prescribed by the department, records relating to the
receipt, storage, transfer and disposition of the source and to
such other matters as the department prescribes.
(2) Any person who possesses or uses a radiation source shall
cause to be made, in the manner prescribed by the department,
records showing the radiation exposure of any individual who is
affected by such possession or use and for whom the department by
regulation requires personnel monitoring.
(3)(a) Each person who possesses or uses a radiation source and
who has reason to believe that any individual has received from
that source radiation exposure in excess of the maximum
permissible exposure established for an individual by regulations
of the department shall give that individual notice of the
possible exposure with a copy of any record of the exposure.
(b) Any person who possesses or uses a radiation source and
who, in connection with that possession or use, employs an
individual for whom the department by regulation requires
personnel monitoring, in addition to any requirement of paragraph
(a) of this subsection shall, if the individual so requests or if
regulations of the department so require, give the individual a
copy of the individual's personnel monitoring exposure record
annually and at the end of the employment.
(4) Upon the request of the department or its authorized
representative, the custodian of any record required by this
section shall give a copy of that record to the department or its
authorized representative.
SECTION 464. ORS 453.705 is amended to read:
453.705. When a radiation source is in the possession, custody
or control of any person who is not equipped to observe or who
fails to observe any applicable provision of or regulation
pursuant to ORS 453.605 to 453.800, upon the issuance of an
emergency order under ORS 453.807 the Department of { - Human
Services - } { + Public Health + } or its authorized
representative may cause that source to be impounded.
SECTION 465. ORS 453.715 is amended to read:
453.715. When the Department of { - Human Services - }
{ + Public Health + } in writing notifies the Attorney General
that, in the judgment of the department, a person has engaged or
is about to engage in any act or practice that constitutes or
will constitute a violation of any provision of or regulation
pursuant to ORS 453.605 to 453.800, if the department so
requests, the Attorney General shall apply to the circuit court
for the county of that person's residence for an order enjoining
such act or practice, or for an order directing compliance; and
upon a showing by the department that that person has engaged or
is about to engage in any such act or practice, the court may
grant a permanent or temporary injunction or restraining order or
other order.
SECTION 466. ORS 453.745 is amended to read:
453.745. (1) Subject to the approval of the Governor, to
protect the public health and safety and to assist in the
peaceful uses of radiation sources the Department of { - Human
Services - } { + Public Health + } may cooperate with the
federal government, other states or interstate agencies to
perform functions, including inspection, that relate to control
of radiation sources.
(2) The department may institute programs to qualify personnel
to carry out the provisions of ORS 453.605 to 453.800 and may
make those personnel available for participation with the federal
government, other states or interstate agencies in any program in
furtherance of the purposes of ORS 453.605 to 453.800.
SECTION 467. ORS 453.752 is amended to read:
453.752. (1) No X-ray machine shall be operated on or after
July 1, 1996, unless the X-ray machine has a valid X-ray machine
registration.
(2) Prior to issuance of an X-ray machine registration to a
hospital, the X-ray machine shall be approved by an X-ray machine
inspector employed by the Department of { - Human Services - }
{ + Public Health + } or inspected by an accredited radiology
inspector. The inspector shall also review procedures used during
X-ray machine operation and the adequacy of the physical
surroundings and equipment used in conjunction with operation of
the X-ray machine.
(3) Prior to issuance of an X-ray machine registration to a
facility other than a hospital, the X-ray machine shall be
approved by an X-ray machine inspector employed by the
department.
(4) An accredited radiology inspector conducting a registration
inspection on a hospital X-ray machine shall conduct information
gathering tests in the manner required by the department. The
inspector shall make calculations in the manner prescribed by the
department and shall enter the results and such other information
as the department may require on a form provided by the
department.
(5) The department shall evaluate the test results submitted by
an accredited radiology inspector and shall grant a hospital
X-ray machine registration provided that all standards adopted by
rule of the department are met, a properly completed registration
application has been submitted by the X-ray machine owner and all
required fees have been paid.
(6) When an X-ray machine is registered by the department, the
department shall issue the X-ray machine owner a document,
sticker, plate or other device selected by the department to
evidence registration of the X-ray machine.
SECTION 468. ORS 453.754 is amended to read:
453.754. (1) Each application for an X-ray machine registration
shall be in writing and shall state such information as the
Department of { - Human Services - } { + Public Health + } by
regulation determines to be necessary. The application shall be
accompanied by the registration fee due under ORS 453.670.
(2) Not less than 90 nor more than 120 days prior to the
expiration of an X-ray machine registration, the department shall
mail notice to the X-ray machine owner of the pending expiration
of the registration. The notice shall inform the owner of the
requirements for renewing the registration.
SECTION 469. ORS 453.757 is amended to read:
453.757. (1) The Department of { - Human Services - }
{ + Public Health + } shall charge a biennial registration fee
for a registration granted pursuant to ORS 453.752 in the
following amounts for:
(a) Hospital, radiological, chiropractic, osteopathic or
medical X-ray machine, $173.
(b) Hospital X-ray machine when X-ray machine inspection is
performed by an accredited radiology inspector, $88.
(c) Industrial or podiatry X-ray machine, $115.
(d) Dental, academic or veterinary X-ray machine, $87.
(e) Microwave oven repair facility, $87.
(2) The Department of { - Human Services - } { + Public
Health + } shall charge an annual license fee for a specific
license granted pursuant to ORS 453.665 which shall not exceed
$3,000 as determined by rule of the department { - of Human
Services - } and approved by the Oregon Department of
Administrative Services.
(3) The fees prescribed by the Department of { - Human
Services - } { + Public Health + } pursuant to subsections
(1)(e) and (2) of this section are due and payable on or before
July 1 of each year.
(4) The Department { + of Public Health + } shall impose a
$200 fee for accreditation as a radiology inspector and a
biennial renewal fee of $200.
(5) All moneys received by the Department { + of Public
Health + } under subsections (1)(e) and (2) of this section shall
be paid into the State Treasury, deposited in the General Fund to
the credit of the Public Health Account, and used exclusively by
the department for the purposes of ORS 453.605 to 453.800.
SECTION 470. ORS 453.761 is amended to read:
453.761. (1) An X-ray machine registration for a hospital
radiological provider shall be valid for one year, expiring in
the following year on the last day of the month of issuance.
(2) An X-ray machine registration for a chiropractic,
osteopathic or medical doctor office or clinic shall be valid for
two years, expiring in the second year on the last day of the
month of issuance.
(3) An X-ray machine registration for a podiatry, dental or
veterinary office or clinic or an academic or industrial facility
shall be valid for three years, expiring in the third year on the
last day of the month of issuance.
(4) Notwithstanding subsection (1), (2) or (3) of this section,
the Department of { - Human Services - } { + Public
Health + } shall, at the request of the X-ray machine owner,
adjust the registration expiration date of any X-ray machine to
coincide with the registration expiration date of other X-ray
machines registered to the machine owner. The department shall
prorate the registration fee accordingly.
(5) If an X-ray machine or the physical surroundings or
equipment associated with the operation of the X-ray machine does
not comply with one or more standards adopted by rule of the
department, the department may deny the registration or may grant
a provisional registration permitting temporary operation pending
compliance with department standards.
(6) The department may require that X-ray machines having a
valid registration be repaired, calibrated or modified or the
physical surroundings or equipment used in conjunction with the
operation of the registered X-ray machine be changed to comply
with new standards adopted by rule of the department provided
that compliance prior to expiration of the registration is
determined by the department to be necessary to protect
occupational and public health and safety.
(7) The department may deny, condition, suspend or revoke an
X-ray machine registration if the department reasonably believes
that the X-ray machine or the physical surroundings or equipment
used in conjunction with the operation of the X-ray machine
presents a danger to the health or safety of the operator or the
public.
(8) An X-ray machine registration shall terminate if the X-ray
machine is relocated for use in a physical surrounding other than
the physical surrounding it occupied when inspected.
SECTION 471. ORS 453.771 is amended to read:
453.771. Upon a complaint by any person, the Department of
{ - Human Services - } { + Public Health + } may investigate
any alleged act prohibited by ORS 453.766. If, after
investigation by a department-employed X-ray machine inspector,
the department has reason to believe a prohibited act has been
committed, the department may impose a civil penalty. Any person
subject to a civil penalty under this section may request a
hearing before the department. The hearing shall be conducted in
accordance with ORS 183.413 to 183.470.
SECTION 472. ORS 453.775 is amended to read:
453.775. The Department of { - Human Services - }
{ + Public Health + } shall:
(1) Develop programs to evaluate hazards associated with the
use of X-ray machines.
(2) Promulgate standards and make reasonable regulations
relating to the registration of X-ray machines, X-ray machine
operation, physical surroundings and equipment related to the
operation of X-ray machines, operator training and approved X-ray
machine operating practices.
(3) Collect and disseminate information relating to proper
X-ray machine operation.
(4) Provide technical assistance and safety information to
X-ray machine users.
SECTION 473. ORS 453.780 is amended to read:
453.780. (1) All applicants for accreditation as radiology
inspectors shall possess at a minimum one of the following
combinations of education and experience:
(a) One year of experience and one of the following:
(A) Certification by the American Board of Radiology or the
American Board of Health Physics;
(B) A doctoral degree in a physical or biological science; or
(C) A Doctor of Medicine degree or a degree recognized by the
Department of { - Human Services - } { + Public Health + } as
an equally qualified health professional degree.
(b) Two years of experience and a master's degree in a physical
or biological science.
(c) Four years of experience and a bachelor's degree in a
physical or biological science.
(d) Six years of experience and an associate's degree in a
physical or biological science.
(2) Experience required of an applicant includes, but is not
limited to, measuring ionizing radiation, evaluating radiation
safety and documenting radiation protection needs.
(3) In addition to meeting the education and experience
requirements of this section, applicants shall be tested on
knowledge of department rules governing the X-ray machine
inspection program, including but not limited to safety
requirements and inspection procedures. Applicants shall also
complete such additional written or practical testing as the
department may require.
(4) A license shall not be issued to an applicant unless the
applicant has paid all required fees.
SECTION 474. ORS 453.785 is amended to read:
453.785. (1) Accreditation as a radiology inspector shall be
valid for two years and shall expire in the second year on the
last day of the month of issuance unless renewed.
(2) Accreditation may be renewed if the radiology inspector has
complied with the continuing education requirements adopted by
rule of the Department of { - Human Services - } { + Public
Health + } and has paid the renewal fee.
SECTION 475. ORS 453.790 is amended to read:
453.790. The Department of { - Human Services - }
{ + Public Health + } may condition, suspend, revoke or refuse
to renew accreditation of a radiology inspector for the following
reasons:
(1) Knowingly falsifying information included on the inspection
report form supplied by the department.
(2) Substantially failing to comply with department procedures.
(3) Failing to meet department accuracy requirements.
(4) Such other grounds as the department may establish by rule.
SECTION 476. ORS 453.795 is amended to read:
453.795. The Department of { - Human Services - }
{ + Public Health + } shall:
(1) Develop testing, training and continuing education
standards for accredited radiology inspectors.
(2) Adopt rules for the proper inspection of X-ray machines for
registration purposes and for regulating the professional
activities of accredited radiology inspectors.
(3) Develop and implement audit programs using
department-employed X-ray machine inspectors to monitor
accredited radiology inspector results and to monitor changes in
the performance of registered X-ray machines during the
registration period. No charge shall be made to an X-ray machine
owner for an audit.
(4) Investigate and resolve complaints against accredited
radiology inspectors and their employers.
SECTION 477. ORS 453.800 is amended to read:
453.800. (1) There is created in the General Fund of the State
Treasury an X-ray Machine Inspection Account. Moneys credited to
the account are continuously appropriated to the Department of
{ - Human Services - } { + Public Health + } for the carrying
out of ORS 453.752 to 453.795.
(2) All registration fees paid pursuant to ORS 453.757 (1) by
owners of X-ray machines, all application or renewal fees paid by
applicants for accreditation as radiology inspectors under ORS
453.757 (4) and all civil penalties collected under ORS 453.771
are credited to the X-ray Machine Inspection Account.
SECTION 478. ORS 453.805 is amended to read:
453.805. (1) Whenever it appears to the Director of { - Human
Services - } { + Public Health + } that a radiation source is
presenting an imminent and substantial endangerment to the health
or safety of persons, the director may, without the necessity of
prior administrative procedures or hearing, enter an order
requiring the person or persons responsible for the radiation
source to immediately take such action as is necessary to
eliminate the endangerment. The director shall, if requested,
provide a prompt hearing after such order, in accordance with ORS
183.310 to 183.550, after which the order shall be continued,
modified or revoked.
(2) If any person fails to comply with an order issued pursuant
to subsection (1) of this section, the circuit court for the
county in which the radiation source is located shall compel
compliance with the order in the same manner as with an order of
that court.
SECTION 479. ORS 453.807 is amended to read:
453.807. (1) Where the Department of { - Human Services - }
{ + Public Health + } proposes to refuse to issue or renew a
license, to modify, amend, revise, revoke or suspend a license or
to determine compliance with or grant exemption from a regulation
of the department, opportunity for hearing shall be accorded as
provided in ORS 183.310 to 183.550.
(2) Promulgation of rules, conduct of hearings, issuance of
orders and judicial review of rules and orders shall be in
accordance with ORS 183.310 to 183.550.
SECTION 480. ORS 453.864 is amended to read:
453.864. The Director of { - Human Services - } { + Public
Health + } shall adopt rules to carry out ORS 105.555, 431.175
and 453.855 to 453.912. The rules shall be developed in
consultation with:
(1) The State Fire Marshal or designee;
(2) The director of the Poison Control and Drug Information
Program of the Oregon Health and Science University, or a
designee thereof;
(3) The Director of the Department of Environmental Quality, or
a designee thereof;
(4) The Director of the Department of Consumer and Business
Services, or a designee thereof;
(5) The Director of Transportation, or a designee thereof; and
(6) Any other governmental agency determined appropriate by the
Department of { - Human Services - } { + Public Health + }
whose advice and information is necessary for the formulation of
the rules authorized by this section.
SECTION 481. ORS 453.867 is amended to read:
453.867. (1) Unless determined fit for use, pursuant to ORS
105.555, 431.175 and 453.855 to 453.912 and rules of the
Department of { - Human Services - } { + Public Health + },
or as authorized by ORS 453.870, no person shall transfer, sell,
use or rent any property knowing or having reasonable grounds to
believe it was used as an illegal drug manufacturing site.
(2) All contracts, oral or written, for the transfer, sale, use
or rent of property in violation of subsection (1) of this
section are voidable between the parties, at the instance of the
purchaser, transferee, user or renter. This subsection shall not
make voidable any promissory note or other evidence of
indebtedness or any mortgage, trust deed or other security
interest securing such a promissory note or evidence of
indebtedness, where such note or evidence and any such mortgage,
trust deed or other security interest were given to a person
other than the person transferring, selling, using or renting the
property to induce such person to finance the transfer, sale, use
or rental of the property. This section shall not impair
obligations or duties required to be performed upon termination
of a contract, as required by the provisions of the contract,
including but not limited to payment of damages or return of
refundable deposits.
SECTION 482. ORS 453.870 is amended to read:
453.870. (1) Any property that is not fit for use as determined
under ORS 453.876 may be transferred or sold if full, written
disclosure, as required by rules of the Department of
{ - Human Services - } { + Public Health + }, is made to the
prospective purchaser, attached to the earnest money receipt, if
any, and shall accompany but not be a part of the sale document
nor be recorded. However, such property shall continue to be
subject to the provisions of ORS 453.876, regardless of transfer
or sale under this section.
(2) Any transferee or purchaser who does not receive the notice
described in subsection (1) of this section may set aside the
transfer or sale as voidable and bring suit to recover damages
for any losses incurred because of the failure to give such
notice.
(3) The transferor or seller of any property described in
subsection (1) of this section shall notify the department of the
transfer or sale as required by rule of the department.
SECTION 483. ORS 453.873 is amended to read:
453.873. For the purposes of enforcement of ORS 105.555,
431.175 and 453.855 to 453.912, the Director of { - Human
Services - } { + Public Health + } or a designee thereof or the
State Fire Marshal or a designee thereof, upon presenting
appropriate credentials and a warrant, if necessary, issued under
ORS 431.175 to the owner or agent of the owner, may:
(1) Enter, at reasonable times, any property that is known to
have been used as an illegal drug manufacturing site or for which
there are reasonable grounds to believe that the property has
been used as an illegal drug manufacturing site.
(2) Inspect, at reasonable times, within reasonable limits and
in a reasonable manner, property known to have been used as an
illegal drug manufacturing site or for which there are reasonable
grounds to believe the property has been used as an illegal drug
manufacturing site.
SECTION 484. ORS 453.876 is amended to read:
453.876. (1) The Director of { - Human Services - }
{ + Public Health + } or a designee thereof, the State Fire
Marshal or a designee thereof or any law enforcement agency may
determine that property is not fit for use pursuant to ORS
105.555, 431.175 and 453.855 to 453.912 and applicable rules
adopted by the Department of { - Human Services - }
{ + Public Health + } and may make that determination on site.
The determination is effective immediately and renders the
property not fit for use.
(2) The owner may appeal the determination, to the agency that
made the determination, within 30 working days after the
determination, pursuant to rules of the agency, or to circuit
court.
(3) The appeal to the agency is not a contested case under ORS
183.310 to 183.550. The question on appeal is limited to whether
the site is an illegal drug manufacturing site.
SECTION 485. ORS 453.879 is amended to read:
453.879. When the { - Assistant Director for Health - }
{ + Director of Public Health + } or a designee thereof, the
State Fire Marshal or designee thereof or any law enforcement
agency makes a determination that property subject to ORS
105.555, 431.175 and 453.855 to 453.912 is not fit for use, the
{ - assistant director - } { + Director of Public Health + }
or designee thereof shall notify the Director of the Department
of Consumer and Business Services of the determination. The
Director { + of the Department of Consumer and Business
Services + } shall list the property as not fit for use until the
Director { + of the Department of Consumer and Business
Services + } is notified that the property has been certified by
the { - Health Division - } { + Department of Public
Health + } pursuant to ORS 453.885, or the initial determination
is reversed on appeal, or the property is destroyed. Upon receipt
of the certificate, the Director { + of the Department of
Consumer and Business Services + } shall cause the property to be
removed from the list described in this section.
SECTION 486. ORS 453.885 is amended to read:
453.885. (1) The owner of property determined to be not fit for
use under ORS 105.555, 431.175 and 453.855 to 453.912 who desires
to have the property certified as fit for use may use the
services of a contractor licensed by the Department of
{ - Human Services - } { + Public Health + } to decontaminate
the property or, upon approval by the department, the owner, or
an agent of the owner, may perform the decontamination work. The
contractor, in coordination with the owner or agent of the owner,
shall prepare and submit a written work plan for decontamination
to the department. If the work plan is approved and the
decontamination work is completed according to the plan and is
properly documented, the department shall certify the property as
having been decontaminated in compliance with rules of the
department. Upon the completion of the work plan, the department
shall require the licensed contractor's affidavit of compliance
with the approved work plan.
(2) The property owner shall notify the Director of the
Department of Consumer and Business Services of the
certification. No person who is not licensed by the Department
of { - Human Services - } { + Public Health + } under ORS
105.555, 431.175 and 453.855 to 453.912 shall advertise to
undertake or perform the work necessary to decontaminate property
determined to be not fit for use under ORS 105.555, 431.175 and
453.855 to 453.912.
(3) Upon receipt of the certificate and a request by the
property owner to remove the property from the list, the Director
of the Department of Consumer and Business Services shall cause
the property to be removed from the list.
SECTION 487. ORS 453.888 is amended to read:
453.888. (1) The Department of { - Human Services - }
{ + Public Health + } by rule shall establish performance
standards for contractors under ORS 105.555, 431.175 and 453.855
to 453.912.
(2) The department shall train and test, or may approve courses
to train and test, contractors' personnel on the essential
elements in assessing premises used as an illegal drug
manufacturing site to determine hazard reduction measures needed,
techniques for adequately reducing contaminants, use of personal
protective equipment and relevant federal regulations and state
rules.
(3) Upon the contractor's supervisory personnel's successful
completion of the training and testing and the contractor having
complied with the rules of the department and having paid the
required fee, the contractor shall be licensed. Licenses are
renewable biennially, as determined by rule of the department,
upon supervisory personnel's successful completion of any
required refresher course.
(4) The department may deny, suspend or revoke the license of
any contractor pursuant to ORS 183.310 to 183.550 for:
(a) Failing to:
(A) Perform decontamination work under the supervision of
trained personnel;
(B) File a work plan;
(C) Perform work pursuant to the plan;
(D) Pay a civil penalty imposed under ORS 105.555, 431.175 and
453.855 to 453.912; or
(E) Perform work that meets the requirements of ORS 453.903.
(b) Committing fraud or misrepresentation in:
(A) Applying for a license;
(B) Seeking approval of a work plan; or
(C) Documenting completion of the work to the department.
(5) The department may impose a civil penalty not to exceed
$500, in addition to or in lieu of license denial, suspension or
revocation, pursuant to ORS 183.310 to 183.550.
SECTION 488. ORS 453.891 is amended to read:
453.891. Between the dates of scheduled training for
contractors under ORS 453.888, the Department of { - Human
Services - } { + Public Health + } shall be available to
consult with licensed contractors, as well as those planning to
become licensed, on information pertinent to illegal drug
manufacturing sites, including but not limited to chemicals found
at such sites and their toxicity, new or revised decontamination
procedures, personal protective equipment and applicable federal
regulations and state rules.
SECTION 489. ORS 453.894 is amended to read:
453.894. (1) The Department of { - Human Services - }
{ + Public Health + } shall establish by rule a schedule of fees
for at least the following:
(a) Initial licenses and renewal under ORS 105.555, 431.175 and
453.855 to 453.912.
(b) Training courses and examinations conducted by or on behalf
of the department.
(c) Reexaminations for failing the initial examinations.
(d) Review of work plans.
(2) The fees established under subsection (1) of this section
shall be based upon the costs of the department in carrying out
the provisions of ORS 105.555, 431.175 and 453.855 to 453.912.
(3) If a license renewal application and fee is not received by
the department within 15 days after the expiration of the
license, a penalty of $100 shall be added and collected.
(4) The fees collected under this section shall be paid into
the State Treasury and deposited in the General Fund to the
credit of the Public Health Account. Such moneys are continuously
appropriated to the Department of { - Human Services - }
{ + Public Health + } to pay the department's expenses in
administering the provisions of ORS 105.555, 431.175 and 453.855
to 453.912.
(5) Subject to prior approval by the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fee, any fee or change shall be within the budget
authorized by the Legislative Assembly as that budget may be
modified by the Emergency Board.
SECTION 490. ORS 453.897 is amended to read:
453.897. The Department of { - Human Services - }
{ + Public Health + } shall provide lists of the names of
contractors licensed under ORS 105.555, 431.175 and 453.855 to
453.912 to the Director of the Department of Consumer and
Business Services who shall distribute the lists to local
building code enforcement agencies. The local agencies shall make
the list available on request and shall supply a copy to any
property owner whose property is determined to be not fit for use
under ORS 105.555, 431.175 and 453.855 to 453.912.
SECTION 491. ORS 453.900 is amended to read:
453.900. The Department of { - Human Services - }
{ + Public Health + } may contract with state or local agencies
or private persons to perform any inspection or to obtain any
samples relative to determining the adequacy of decontamination
work.
SECTION 492. ORS 453.903 is amended to read:
453.903. The Department of { - Human Services - }
{ + Public Health + } shall evaluate annually a number of the
property decontamination projects performed by licensed
contractors to determine the adequacy of the decontamination
work, using the services of an independent environmental
contractor or state or local agency. If a project fails the
evaluation and inspection, the contractor is subject to a civil
penalty and license suspension that prohibits the contractor from
performing additional work until deficiencies have been corrected
on the project. Civil penalties under this section shall be
imposed as provided in ORS 183.090.
SECTION 493. ORS 453.909 is amended to read:
453.909. Counties and cities by ordinance may prohibit use or
occupancy of or provide for regulation of any property so long as
such prohibition or regulation is consistent with ORS 105.555,
431.175 and 453.855 to 453.912 and rules of the Department of
{ - Human Services - } { + Public Health + }.
SECTION 494. ORS 453.995 is amended to read:
453.995. (1) In addition to any other liability or penalty
provided by law, the Department of { - Human Services - }
{ + Public Health + } may impose a civil penalty on a person for
violation of ORS 453.885.
(2) A civil penalty imposed under this section may not exceed
$2,000.
(3) ORS 183.090 applies to civil penalties imposed under this
section.
SECTION 495. Section 13, chapter 653, Oregon Laws 1991, as
amended by section 233, chapter 900, Oregon Laws 2001, is amended
to read:
{ + Sec. 13. + } As used in sections 12 to 14, chapter 653,
Oregon Laws 1991:
(1) 'Facility approved by the Department of { - Human
Services - } { + Public Health + } ' means a facility for which
there is a license, permit, letter of agreement or other means by
which the state officially accepts the treatment, storage,
recycling, incineration or disposal method for radioactive
material.
(2) 'Radioactive material' means any radioactive waste or other
radioactive material resulting from activities of the federal
government, the United States Nuclear Regulatory Commission or
its licensees or licensees of a state that has entered into an
agreement under 42 U.S.C. 2021 and that satisfies the definition
of low-level radioactive waste in the federal Low-Level
Radioactive Waste Policy Act, 42 U.S.C. 2021b(9)(a), as of
January 1, 1989. 'Radioactive material' does not include
naturally occurring radionuclides, uranium mill tailings or
high-level radioactive waste.
SECTION 496. Section 14, chapter 653, Oregon Laws 1991, as
amended by section 234, chapter 900, Oregon Laws 2001, is amended
to read:
{ + Sec. 14. + } Notwithstanding any declaration by the
federal government that certain radioactive material may be
exempt from regulatory control or below regulatory concern, no
radioactive material may be recycled, incinerated or disposed of
in Oregon except at a facility approved by the Department of
{ - Human Services - } { + Public Health + } specifically for
the recycling, incineration or disposal of radioactive material.
SECTION 497. ORS 466.615 is amended to read:
466.615. Nothing in ORS 466.605 to 466.680, 466.990 (3) and (4)
and 466.995 (2) is intended to grant the Environmental Quality
Commission or the Department of Environmental Quality authority
over any radioactive substance regulated by the Department of
{ - Human Services - } { + Public Health + } under ORS
chapter 453, or any radioactive material or waste regulated by
the Office of Energy or Energy Facility Siting Council under ORS
chapter 469.
SECTION 498. ORS 469.525 is amended to read:
469.525. Notwithstanding any other provision of this chapter,
no waste disposal facility for any radioactive waste shall be
established, operated or licensed within this state, except as
follows:
(1) Wastes generated before June 1, 1981, through industrial or
manufacturing processes which contain only naturally occurring
radioactive isotopes which are disposed of at sites approved by
the Energy Facility Siting Council in accordance with ORS
469.375.
(2) Medical, industrial and research laboratory wastes
contained in small, sealed, discrete containers in which the
radioactive material is dissolved or dispersed in an organic
solvent or biological fluid for the purpose of liquid
scintillation counting and experimental animal carcasses shall be
disposed of or treated at a hazardous waste disposal facility
licensed by the Department of Environmental Quality and in a
manner consistent with rules adopted by the Department of
Environmental Quality after consultation with and approval by the
Department of { - Human Services - } { + Public Health + }.
(3) Maintenance of radioactive coal ash at the site of a
thermal power plant for which a site certificate has been issued
pursuant to this chapter shall not constitute operation of a
waste disposal facility so long as such coal ash is maintained in
accordance with the terms of the site certificate as amended from
time to time as necessary to protect the public health and
safety.
SECTION 499. ORS 469.533 is amended to read:
469.533. Notwithstanding ORS chapter 401, the Office of Energy
in cooperation with the Department of { - Human Services - }
{ + Public Health + } and the Office of Emergency Management
shall establish rules for the protection of health and procedures
for the evacuation of people and communities who would be
affected by radiation in the event of an accident or a
catastrophe in the operation of a nuclear power plant or nuclear
installation.
SECTION 500. ORS 469.559 is amended to read:
469.559. (1) Notwithstanding the authority of the Department of
{ - Human Services - } { + Public Health + } pursuant to ORS
453.605 to 453.800 to regulate radiation sources or the
requirements of ORS 469.525, the Energy Facility Siting Council
may enter into and carry out cooperative agreements with the
Secretary of Energy pursuant to Title I and the Nuclear
Regulatory Commission pursuant to Title II of the Uranium Mill
Tailings Radiation Control Act of 1978, Public Law 95-604, and
perform or cause to be performed any and all acts necessary to be
performed by the state, including the acquisition by condemnation
or otherwise, retention and disposition of land or interests
therein, in order to implement that Act and rules, standards and
guidelines adopted pursuant thereto. The Energy Facility Siting
Council may adopt, amend or repeal rules in accordance with ORS
183.310 to 183.550 and may receive and disburse funds in
connection with the implementation and administration of this
section.
(2) The Energy Facility Siting Council and the Office of Energy
may enter into and carry out cooperative agreements and
arrangements with any agency of the federal government
implementing the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended, 42 U.S.C. section
9601 et seq., to clean up wastes and contaminated material,
including overburden, created by uranium mining before June 29,
1989. Any such project need not obtain a site certificate from
the council, but shall nevertheless comply with all applicable,
relevant or appropriate state standards including but not limited
to those set forth in ORS 469.375 and rules adopted by the
council and other state agencies to implement such standards.
(3) The Governor may do any and all things necessary to
implement the requirements of the federal Acts referred to in
subsections (1) and (2) of this section.
(4) Notwithstanding ORS 469.553, after June 25, 1979, no site
certificate is required for the cleanup and disposal of an
inactive or abandoned uranium mill tailings site as authorized
under subsection (1) of this section and Title I of the Uranium
Mill Tailings Radiation Control Act of 1978, Public Law 95-604.
SECTION 501. ORS 469.611 is amended to read:
469.611. Notwithstanding ORS chapter 401:
(1) The administrator of the Office of Energy shall coordinate
emergency preparedness and response with appropriate agencies of
government at the local, state and national levels to assure that
the response to a radioactive material transportation accident is
swift and appropriate to minimize damage to any person, property
or wildlife. This program shall include the preparation of
localized plans setting forth agency responsibilities for
on-scene response.
(2) The administrator shall:
(a) Apply for federal funds as available to train, equip and
maintain an appropriate response capability at the state and
local level; and
(b) Request all available training and planning materials.
(3) The Department of { - Human Services - } { + Public
Health + } shall maintain a trained and equipped radiation
emergency response team available at all times for dispatch to
any radiological emergency. Before arrival of the department at
the scene of a radiological accident, the administrator may
designate other technical advisors to work with the local
response agencies.
(4) The department shall assist the administrator to
{ - insure - } { + ensure + } that all emergency services
organizations along major transport routes for radioactive
materials are offered training and retraining in the proper
procedures for identifying and dealing with a radiological
accident pending the arrival of persons with technical expertise.
The department shall report annually to the administrator on
training of emergency response personnel.
SECTION 502. ORS 616.010 is amended to read:
616.010. The duty of administration and enforcement of all
regulatory legislation applying to:
(1) The production, processing and distribution of all food
products or commodities of agricultural origin shall, in addition
to such further legislation as shall specifically name the State
Department of Agriculture as the administering agency, be
performed by the department to the exclusion of any other
department not so specifically named.
(2) The sanitation of establishments where food or drink is
consumed on the premises where sold, or to sanitary practices
used in such establishments, shall be performed by the Department
of
{ - Human Services - } { + Public Health + }.
SECTION 503. ORS 616.015 is amended to read:
616.015. In order to more effectively utilize the agencies of
the state in the public interest and without unnecessary
duplication and expense, the relationship between the production,
processing and distribution of food and the public health hereby
is recognized. Therefore there shall be the fullest cooperation
between the Department of { - Human Services - } { + Public
Health + } and the State Department of Agriculture.
SECTION 504. ORS 616.020 is amended to read:
616.020. (1) In addition to any Department of { - Human
Services - } { + Public Health + } survey, investigation or
inquiry authorized by law, which involves the production,
processing or distribution of agricultural products, the
Department of { - Human Services - } { + Public Health + }
shall make such further surveys, investigations or inquiries as
may be requested by the Director of Agriculture for the purpose
of showing the manner in which the production, processing or
distribution of agricultural products may affect the public
health.
(2) In order that maximum protection to the public health may
result from the activities of the Department of { - Human
Services - } { + Public Health + } and the State Department of
Agriculture, the Department of { - Human Services - }
{ + Public Health + } shall notify the Director of Agriculture
in writing of any contemplated survey which affects or may affect
agricultural products which are under the regulation of the
Department of Agriculture. The notice shall cover in detail the
scope of the survey under consideration, and the reasons
therefor. However, this section shall not be construed as
prohibiting the Department of { - Human Services - }
{ + Public Health + } from taking immediate action in any case
where such action seems necessary in the interests of public
health. The written notice is not required in the case of a
survey instituted on the request of the Director of Agriculture.
(3) Not less than 30 days after the completion of any such
survey, the Department of { - Human Services - } { + Public
Health + } shall file with the Director of Agriculture a
certified copy of its report. The report shall include the
findings of the Department of
{ - Human Services - } { + Public Health + } with respect to
all matters covered thereby. Whenever the findings in the report
of any survey, investigation or inquiry made by the Department of
{ - Human Services - } { + Public Health + } show any hazard
to public health existing incident to the production, processing
or distribution of any agricultural commodity, the Department of
Agriculture shall take such action as may be necessary and within
the scope of its resources to remove such hazards.
SECTION 505. ORS 616.745 is amended to read:
616.745. (1) The Department of { - Human Services - }
{ + Public Health + } may, by rule, define certain communicable
diseases which may be spread to the public through the handling
of food in food establishments.
(2) No owner or employer shall require, permit or suffer any
person to work, nor shall any person work, in a food
establishment who is affected with a disease described in
subsection (1) of this section.
SECTION 506. Section 6, chapter 1059, Oregon Laws 1999, is
amended to read:
{ + Sec. 6. + } In carrying out its responsibilities under
sections 2 to 9 { + , chapter 1059, Oregon Laws 1999 + } { - of
this 1999 Act - } , the State Department of Agriculture shall
seek technical assistance as appropriate from at least the
following entities:
(1) Oregon Department of Administrative Services;
(2) Department of Environmental Quality;
(3) State Department of Fish and Wildlife;
(4) State Forestry Department;
(5) Department of { - Human Services - } { + Public
Health + };
(6) Occupational Safety and Health Division of the Department
of Consumer and Business Services;
(7) Oregon Poison Center;
(8) Pesticide Analytical and Response Center; and
(9) Office of the State Fire Marshal.
SECTION 507. ORS 676.160 is amended to read:
676.160. As used in ORS 676.165 to 676.180, 'health
professional regulatory board' means the:
(1) State Board of Examiners for Speech-Language Pathology and
Audiology;
(2) State Board of Chiropractic Examiners;
(3) State Board of Clinical Social Workers;
(4) Oregon Board of Licensed Professional Counselors and
Therapists;
(5) Oregon Board of Dentistry;
(6) Board of Examiners of Licensed Dietitians;
(7) State Board of Massage Therapists;
(8) State Mortuary and Cemetery Board;
(9) Board of Naturopathic Examiners;
(10) Oregon State Board of Nursing;
(11) Board of Examiners of Nursing Home Administrators;
(12) Oregon Board of Optometry;
(13) State Board of Pharmacy;
(14) Board of Medical Examiners;
(15) Occupational Therapy Licensing Board;
(16) Physical Therapist Licensing Board;
(17) State Board of Psychologist Examiners;
(18) Board of Radiologic Technology;
(19) Oregon State Veterinary Medical Examining Board; and
(20) Department of { - Human Services - } { + Public
Health + } to the extent that the department certifies emergency
medical technicians.
SECTION 508. ORS 677.491 is amended to read:
677.491. (1) Whenever any physician determines or reasonably
suspects the injury or death of a person to be toy related, the
physician shall, in accordance with rules adopted under
subsection (5) of this section, report the physician's findings
to the Director of { - Human Services - } { + Public
Health + }.
(2) The director of any hospital, health care facility, health
maintenance organization, public health center, medical center or
emergency medical treatment facility where any physician has made
a determination or has a reasonable suspicion under subsection
(1) of this section as to whether an injury or death is toy
related, shall, in accordance with the rules adopted under
subsection (5) of this section, report that physician's findings
to the Director of { - Human Services - } { + Public
Health + }.
(3) The Director of { - Human Services - } { + Public
Health + } shall review, organize and keep a record of the
information set forth in the reports of toy related injuries and
deaths submitted by physicians under this section. The director,
on a regular basis, shall make the information recorded under
this section available to the United States Consumer Product
Safety Commission for inclusion in its Injury or Potential Injury
Incident Data Base. The information so recorded shall also be
made available to the public for a fee determined by the
director.
(4) If the Director of { - Human Services - } { + Public
Health + } determines that a specific toy or item poses an
immediate danger or potential threat to the safety of the
citizens of this state, the director shall immediately issue a
public notice warning the public, retail sellers and distributors
of the director's findings and recommendations concerning that
toy or item.
(5) The Director of { - Human Services - } { + Public
Health + } shall adopt rules to implement this section.
SECTION 509. ORS 678.830 is amended to read:
678.830. (1) All moneys received by the Department of Human
Services under ORS 678.710 to 678.780, 678.800 to 678.840 and
678.990 (2) shall be paid into the General Fund in the State
Treasury and placed to the credit of the { - Public Health
Account - } { + Department of Human Services Account + } and
such moneys hereby are appropriated continuously and shall be
used only for the administration of ORS 678.710 to 678.780,
678.800 to 678.840 and 678.990 (2) and the rules of the board
adopted thereunder and the provisions of ORS 441.015 to 441.063
and the rules for nursing homes adopted by the department
thereunder.
(2) If a license is denied under ORS 678.710 to 678.780,
678.800 to 678.840 and 678.990 (2), 50 percent of the fee for the
license shall be refunded to the applicant. No portion of an
examination fee is refundable.
SECTION 510. ORS 679.260 is amended to read:
679.260. (1) All moneys received by the Department of Human
Services under this chapter shall be paid into the General Fund
in the State Treasury and placed to the credit of the
{ - Public Health Account - } { + Department of Human Services
Account + } and such moneys hereby are appropriated continuously
and shall be used only for the administration and enforcement of
ORS 680.010 to 680.205 and this chapter.
(2) All fines imposed and collected under this chapter shall be
paid into the treasury of the county in which the suits, actions
or proceedings were commenced. All money thus paid into the
treasury, over and above the amount necessary to reimburse the
county for any expense incurred by the county, in any suit,
action or proceeding brought under this chapter, shall be paid
before January 1 of each year, into the State Treasury and placed
to the credit of the { - Public Health Account - }
{ + Department of Human Services Account + } and such moneys
hereby are continuously appropriated and shall be used only for
the administration and enforcement of ORS 680.010 to 680.205 and
this chapter.
(3) Ten percent of the annual license fee to be paid by each
licensee of the Oregon Board of Dentistry shall be used by the
board to insure the continued professional competence of
licensees. Such activities shall include the development of
performance standards and professional peer review.
SECTION 511. ORS 681.480 is amended to read:
681.480. All moneys received by the { - division - }
{ + Department of Human Services + } under this chapter shall be
paid into the { - Public Health Account - } { + Department of
Human Services Account + } in the General Fund in the State
Treasury and such moneys hereby are appropriated continuously for
the administration and enforcement of this chapter.
SECTION 512. ORS 689.445 is amended to read:
689.445. (1) Upon the finding of the existence of grounds for
discipline of any person holding a license, seeking a license or
renewal of a license under the provisions of ORS 435.010 to
435.030, 475.125 and 475.135 and this chapter, the State Board of
Pharmacy may impose one or more of the following penalties:
(a) Suspension of the offender's license for a term to be
determined by the board;
(b) Revocation of the offender's license;
(c) Restriction of the offender's license to prohibit the
offender from performing certain acts or from engaging in the
practice of pharmacy in a particular manner for a term to be
determined by the board;
(d) Imposition of a civil penalty not to exceed $1,000 for each
offense;
(e) Refusal to renew offender's license; or
(f) Placement of the offender on probation and supervision by
the board for a period to be determined by the board.
(2) Any person whose license issued pursuant to this chapter
has been suspended, revoked or restricted pursuant to this
chapter, whether voluntarily or by action of the board, shall
have the right, at reasonable intervals, to petition the board
for reinstatement of such license. Such petition shall be made in
writing and in the form prescribed by the board. Upon
investigation and hearing, the board may in its discretion grant
or deny such petition, or it may modify its original finding to
reflect any circumstances which have changed sufficiently to
warrant such modifications. Pardon and restoration of civil
rights to any person formerly licensed by the board does not
obligate the board to restore revoked, restricted or suspended
licenses.
(3) Nothing in this chapter shall be construed as barring
criminal prosecutions for violations of ORS 435.010 to 435.130,
453.025, 453.045, 475.035 to 475.190, 475.805, 475.940 to 475.999
and this chapter where such violations are deemed as criminal
offenses in other statutes of this state or of the United States.
(4) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(5) { + (a) + } All penalties recovered under ORS 435.010 to
435.130, 453.025 { - , - } { + and + } 453.045 { - , 475.035
to 475.190, 475.805, 475.940 to 475.999 and this chapter - }
shall be paid into the State Treasury and credited to the Board
of Pharmacy Account in the Public Health Account.
{ + (b) All penalties recovered under ORS 475.035 to 475.190,
475.805 and 475.940 to 475.999 and this chapter shall be paid
into the State Treasury and credited to the Department of Human
Services Account. + }
SECTION 513. ORS 689.832 is amended to read:
689.832. (1) In addition to any other liability or penalty
provided by law, the State Board of Pharmacy may impose a civil
penalty of not to exceed $1,000 for each violation on any person
who violates the provisions of this chapter or ORS chapter 475 or
any rule of the board.
(2) All penalties recovered under this section shall be paid
into the State Treasury and credited to the { - Board of
Pharmacy Account in the Public Health Account - } { +
Department of Human Services Account + }.
(3) Any civil penalty under this section shall be imposed in
the manner provided in ORS 183.090.
(4) Notwithstanding ORS 183.090, the person to whom the notice
is addressed shall have 10 days from the date of service of the
notice in which to make written application for a hearing before
the board.
SECTION 514. ORS 813.160 is amended to read:
813.160. (1) To be valid under ORS 813.300:
(a) Chemical analyses of a person's blood shall be performed by
an individual shown to be qualified to perform such analyses and
shall be performed according to methods approved by the
Department of { - Human Services - } { + Public Health + }.
For purposes of this paragraph, the department { - of Human
Services - } shall approve methods of performing chemical
analyses of a person's blood that are satisfactory for
determining alcoholic content.
(b) Chemical analyses of a person's breath shall be performed
by an individual possessing a valid permit to perform such
analyses issued by the Department of State Police and shall be
performed according to methods approved by the Department of
State Police. For purposes of this paragraph, the Department of
State Police shall do all of the following:
(A) Approve methods of performing chemical analyses of a
person's breath.
(B) Prepare manuals and conduct courses throughout the state
for the training of police officers in chemical analyses of a
person's breath, which courses shall include, but are not limited
to, approved methods of chemical analyses, use of approved
equipment and interpretation of test results together with a
written examination on these subjects.
(C) Test and certify the accuracy of equipment to be used by
police officers for chemical analyses of a person's breath before
regular use of such equipment and periodically thereafter at
intervals of not more than 90 days. Tests and certification
required by this subparagraph shall be conducted by trained
technicians. Certification under this subparagraph does not
require a signed document.
(D) Ascertain the qualifications and competence of individuals
to conduct such analyses in accordance with one or more methods
approved by the department.
(E) Issue permits to individuals according to their
qualifications. Permits shall be issued to police officers only
upon satisfactory completion of the prescribed training course
and written examination. A permit shall state the methods and
equipment which the police officer is qualified to use. Permits
shall be subject to termination or revocation at the discretion
of the Department of State Police.
(2) In conducting a chemical test of the blood, only a duly
licensed physician or a person acting under the direction or
control of a duly licensed physician may withdraw blood or pierce
human tissue. A licensed physician, or a qualified person acting
under the direction or control of a duly licensed physician,
shall not be held civilly liable for withdrawing any bodily
substance, in a medically acceptable manner, at the request of a
peace officer.
(3) An individual who performs a chemical analysis of breath or
blood under ORS 813.100 or 813.140 shall prepare and sign a
written report of the findings of the test which shall include
the identification of the police officer upon whose request the
test was administered.
(4) Any individual having custody of the report mentioned in
subsection (3) of this section shall, upon request of the person
tested, furnish that person or that person's attorney, a copy of
the report.
(5) The expense of conducting a chemical test as provided by
ORS 813.100 or 813.140 shall be paid by the governmental unit on
whose equipment the test is conducted or by the governmental unit
upon whose request the test was administered if no governmental
unit's equipment is used to conduct the test.
SECTION 515. { + ORS 453.001 is repealed. + }
SECTION 516. { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect
July 1, 2003. + }
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