74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2185
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
CHAPTER ................
AN ACT
Relating to public health; creating new provisions; amending ORS
401.657, 401.661, 431.035, 433.001, 433.004, 433.009, 433.035,
433.040, 433.140, 433.156, 433.216, 433.220, 433.390, 433.441,
433.443, 433.446, 433.448, 433.452, 433.735, 433.755, 433.765,
433.767, 433.855, 433.865, 433.875, 433.990 and 466.605; and
repealing ORS 431.140, 433.019, 433.022, 433.106, 433.130 and
433.135.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 431.035 is amended to read:
431.035. (1) The Director of Human Services may delegate to any
of the officers and employees of the Department of Human Services
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.
{ + (3)(a) The Director of Human Services shall appoint a
Public Health Director to perform the duties and exercise
authority over public health emergency matters in the state and
other duties as assigned by the Director of Human Services. The
Director of Human Services may appoint the same person to serve
as both the Public Health Director and the Public Health Officer
appointed under ORS 431.045.
(b) The Public Health Director shall be an assistant director
appointed by the Director of Human Services in accordance with
ORS 409.130.
(c) The Public Health Director shall delegate to an employee of
the department the duties, powers and functions granted to the
Public Health Director by section 5 of this 2007 Act and ORS
433.443 in the event of the absence from the state or the
unavailability of the director. The delegation must be in
writing. + }
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SECTION 2. { + Sections 3 to 5 of this 2007 Act are added to
and made a part of ORS 431.035 to 431.530. + }
SECTION 3. { + As used in ORS 431.035 to 431.530:
(1) 'Children's facility' has the meaning given that term in
ORS 433.235.
(2) 'Communicable disease' means a disease or condition, the
infectious agent of which may be transmitted by any means from
one person or from an animal to another person, that may result
in illness, death or severe disability.
(3) 'Condition of public health importance' means a disease,
syndrome, symptom, injury or other threat to public health that
is identifiable on an individual or community level.
(4) 'Disease outbreak' means a significant or notable increase
in the number of cases of a disease or other condition of public
health importance.
(5) 'Epidemic' means the occurrence in a community or region of
a group of similar conditions of public health importance that
are in excess of normal expectancy and derived from a common or
propagated source.
(6) 'Local public health administrator' means the public health
administrator of a county or health district appointed under ORS
431.418 or the authorized representative of that public health
administrator.
(7) 'Local public health authority' means a county government,
or a health district created under ORS 431.414 or a person or
agency a county or health district has contracted with to act as
the local public health authority.
(8) 'Public health law' means any statute, rule or local
ordinance that has the purpose of promoting or protecting the
public health and that establishes the authority of the
Department of Human Services, the Public Health Director, the
Public Health Officer, a local public health authority or local
public health administrator to enforce the statute, rule or local
ordinance.
(9) 'Public health measure' means a test, medical examination,
treatment, isolation, quarantine or other measure imposed on an
individual or group of individuals in order to prevent the spread
of or exposure to a communicable disease, toxic substance or
transmissible agent.
(10) 'Reportable disease' means a disease or condition, the
reporting of which enables a public health authority to take
action to protect or to benefit the public health.
(11) 'School' has the meaning given that term in ORS 433.235.
(12) 'Specimen' means blood, sputum, urine, stool or other
bodily fluids and wastes, tissues, and cultures necessary to
perform required tests.
(13) 'Test' means any diagnostic or investigative analyses or
medical procedures that determine the presence or absence of, or
exposure to, a condition of potential public health importance,
or its precursor in an individual.
(14) 'Toxic substance' means a substance that may cause
illness, disability or death to persons who are exposed to
it. + }
SECTION 4. { + (1) The Department of Human Services and local
public health administrators shall have the power to enforce
public health laws. The enforcement powers authorized by this
section include, but are not limited to, the authority to:
(a) Investigate possible violations of public health laws;
(b) Issue subpoenas requiring testimony or the production of
physical or other evidence;
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(c) Issue administrative orders to enforce compliance with
public health laws;
(d) Issue a notice of violation of a public health law and
impose a civil penalty as established by rule not to exceed $500
a day per violation;
(e) Enter private property at any reasonable time with consent
of the owner or custodian of the property to inspect,
investigate, evaluate or conduct tests, or take specimens or
samples for testing, as may be reasonably necessary to determine
compliance with any public health law;
(f) Enter a public place to inspect, investigate, evaluate,
conduct tests, or take specimens or samples for testing as may be
reasonably necessary to determine compliance with the provisions
of any public health law;
(g) Seek an administrative warrant from an appropriate court
authorizing the inspection, investigation, evaluation or testing,
or taking of specimens or samples for testing, if denied entry to
property;
(h) Restrict access to contaminated property;
(i) Require removal or abatement of a toxic substance on any
property and prescribe the proper measures for the removal or
abatement;
(j) Maintain a civil action to enforce compliance with public
health laws, including a petition to a court for an order
imposing a public health measure appropriate to the public health
threat presented;
(k) Refer any possible criminal violations of public health
laws to a district attorney or other appropriate law enforcement
official; and
(L) Request the Attorney General to assist in the enforcement
of the public health laws.
(2) Any administrative actions undertaken by the state under
this section shall comply with the provisions of ORS chapter 183.
(3) State and local law enforcement officials, to the extent
resources are available, must assist the Department of Human
Services and local public health administrators in ensuring
compliance with administrative or judicial orders issued pursuant
to this section.
(4) Nothing in this section shall be construed to limit any
other enforcement authority granted by law to a local public
health authority or to the state. + }
SECTION 5. { + (1) Unless the Governor has declared a public
health emergency under ORS 433.441, the Public Health Director
may, upon approval of the Governor or the designee of the
Governor, take the public health actions described in subsection
(2) of this section if the Public Health Director determines
that:
(a)(A) A communicable disease, reportable disease, disease
outbreak, epidemic or other condition of public health importance
has affected more than one county;
(B) There is an immediate need for a consistent response from
the state in order to adequately protect the public health;
(C) The resources of the local public health authority or
authorities are likely to be quickly overwhelmed or unable to
effectively manage the required response; and
(D) There is a significant risk to the public health; or
(b) A communicable disease, reportable disease, disease
outbreak, epidemic or other condition of public health importance
is reported in Oregon and is an issue of significant regional or
national concern or is an issue for which there is significant
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involvement from federal authorities requiring state-federal
coordination.
(2) The Public Health Director, after making the determinations
required under subsection (1) of this section, may take the
following public health actions:
(a) Coordinate the public health response across jurisdictions.
(b) Prescribe measures for the:
(A) Identification, assessment and control of the communicable
disease or reportable disease, disease outbreak, epidemic or
other condition of public health importance; and
(B) Allocation and distribution of antitoxins, serums,
vaccines, immunizing agents, antibiotics, antidotes and other
pharmaceutical agents, medical supplies or personal protective
equipment.
(c) After consultation with appropriate medical experts, create
and require the use of diagnostic and treatment guidelines and
provide notice of those guidelines to health care providers,
institutions and facilities.
(d) Require a person to obtain treatment and use appropriate
prophylactic measures to prevent the introduction or spread of a
communicable disease or reportable disease, unless:
(A) The person has a medical diagnosis for which a vaccination
is contraindicated; or
(B) The person has a religious or conscientious objection to
the required treatments or prophylactic measures.
(e) Notwithstanding ORS 332.075, direct a district school board
to close a children's facility or school under the jurisdiction
of the board. The authority granted to the Public Health Director
under this paragraph supersedes the authority granted to the
district school board under ORS 332.075 to the extent the
authority granted to the board is inconsistent with the authority
granted to the director.
(f) Issue guidelines for private businesses regarding
appropriate work restrictions.
(g) Organize public information activities regarding the public
health response to circumstances described in subsection (1) of
this section.
(h) Adopt reporting requirements for, and provide notice of
those reporting requirements to, health care providers,
institutions and facilities for the purpose of obtaining
information directly related to the public health threat
presented.
(i) Take control of antitoxins, serums, vaccines, immunizing
agents, antibiotics, antidotes and other pharmaceutical agents,
medical supplies or personal protective equipment.
(3) The authority granted to the Public Health Director under
this section is not intended to override the general authority
provided to a local public health authority except as already
permitted by law, or under the circumstances described in
subsection (1) of this section.
(4) If the Department of Human Services adopts temporary rules
to implement subsection (2) of this section, the rules adopted
are not subject to the provisions of ORS 183.335 (6)(a). The
department may amend the temporary rules adopted under this
subsection as often as is necessary to respond to the public
health threat.
(5) If it is necessary for the department to purchase
antitoxins, serums, vaccines, immunizing agents, antibiotics,
antidotes or other pharmaceutical agents, medical supplies or
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personal protective equipment, the purchases are not subject to
the provisions of ORS chapter 279A, 279B or 279C.
(6) If property is taken under the authority granted to the
Public Health Director under subsection (2) of this section, the
owner of the property is entitled to reasonable compensation from
the state. + }
SECTION 5a. { + The Public Health Director, after consultation
with local public health authorities and local public health
administrators, shall adopt rules governing the development of
emergency plans and an incident management system. + }
SECTION 6. 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. - }
{ + has the meaning given that term in section 3 of this 2007
Act.
(2) 'Condition of public health importance' has the meaning
given that term in section 3 of this 2007 Act. + }
{ - (2) - } { + (3) + } 'Department' means the Department
of Human Services.
{ - (3) - } { + (4) + } 'Director' means the Director of
Human Services.
{ + (5) 'Isolation' means the physical separation and
confinement of a person or group of persons who are infected or
reasonably believed to be infected with a communicable disease or
possibly communicable disease from nonisolated persons to prevent
or limit the transmission of the disease to nonisolated
persons. + }
{ - (4) - } { + (6) + } '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 - } { + has the meaning given
that term in section 3 of this 2007 Act + }.
{ + (7) 'Local public health authority' has the meaning given
that term in section 3 of this 2007 Act. + }
{ - (5) - } { + (8) + } 'Property' means animals, inanimate
objects, vessels, public conveyances, buildings and all other
real or personal property.
{ - (6) - } { + (9) + } '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 - } { + has the meaning given that term in section 3 of
this 2007 Act.
(10) 'Quarantine' means the physical separation and confinement
of a person or group of persons who have been or may have been
exposed to a communicable disease or possibly communicable
disease and who do not show signs or symptoms of a communicable
disease, from persons who have not been exposed to a communicable
disease or possibly communicable disease, to prevent or limit the
transmission of the disease to other persons + }.
{ - (7) - } { + (11) + } '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 - } { + has the meaning given that term in section 3 of
this 2007 Act + }.
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{ - (8) - } { + (12) + } 'Toxic substance' { - means a
substance that may cause illness, disability or death to persons
who are exposed to it - } { + has the meaning given that term
in section 3 of this 2007 Act + }.
SECTION 6a. ORS 433.004 is amended to read:
433.004. (1) The Department of Human Services 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 { + when required to do
so + } under subsection (2) of this section { - when required
by department rule to do so - } shall be cause for the exercise
of any of { - such - } { + the + } agency's disciplinary
powers.
{ + (4) Any person making a report under this section is
immune from any civil or criminal liability that might otherwise
be incurred or imposed with respect to the making of a report
under this section or to the contents of the report. + }
SECTION 6b. ORS 433.009 is amended to read:
433.009. (1) Notwithstanding ORS 192.501 (3), 192.502 (2) and
433.045, if, during the course of a criminal investigation, a law
enforcement unit acquires information that the person who is
charged with a crime or sentenced for a crime has a reportable
disease, the law enforcement unit shall disclose that information
to the public health authorities who shall confirm the diagnosis
and notify any police officer, corrections officer or emergency
medical technician who had significant exposure to the person.
(2) As used in this section:
(a) 'Emergency medical technician' has the meaning given that
term in ORS 682.025.
(b) 'Law enforcement unit,' 'police officer' and ' corrections
officer' have the meanings given those terms in ORS 181.610.
{ - (c) 'Reportable disease' has the meaning given the term
in ORS 433.001. - }
{ + (c) 'Reportable disease' means a disease or condition,
the reporting of which enables a public health authority to take
action to protect or to benefit the public health. + }
SECTION 6c. 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 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
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Prioritization Plan as provided in subsection (3) of this
section.
(3) The Department of Human Services 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.
{ + (4) If the department adopts temporary rules to implement
subsection (2) of this section, the rules adopted are not subject
to the requirements of ORS 183.335 (6)(a). The department may
amend the temporary rules adopted pursuant to subsection (3) of
this section as often as is necessary to respond to a vaccine
shortage. + }
SECTION 7. { + Sections 8 to 17 of this 2007 Act are added to
and made a part of ORS 433.106 to 433.770. + }
SECTION 8. { + (1) The Public Health Director or a local
public health administrator may issue an emergency administrative
order causing a person or group of persons to be placed in
isolation or quarantine if the Public Health Director or the
local public health administrator has probable cause to believe
that a person or group of persons requires immediate detention in
order to avoid a clear and immediate danger to others and that
considerations of safety do not allow initiation of the petition
process set out in section 9 of this 2007 Act. An administrative
order issued under this section must:
(a) Identify the person or group of persons subject to
isolation or quarantine;
(b) Identify the premises where isolation or quarantine will
take place, if known;
(c)(A) Describe the reasonable efforts made to obtain voluntary
compliance with a request for an emergency public health action
including requests for testing or medical examination, treatment,
counseling, vaccination, decontamination of persons or animals,
isolation, quarantine, and inspection and closure of facilities;
or
(B) Explain why reasonable efforts to obtain voluntary
compliance are not possible and why the pursuit of these efforts
creates a risk of serious harm to others;
(d) Describe the suspected communicable disease or toxic
substance, if known, that is the basis for the issuance of the
emergency administrative order and the anticipated duration of
isolation or quarantine based on the suspected communicable
disease or toxic substance;
(e) Provide information supporting the reasonable belief of the
Public Health Director or the local public health administrator
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that the person or group of persons is, or is suspected to be,
infected with, exposed to, or contaminated with a communicable
disease or toxic substance that could spread to or contaminate
others if remedial action is not taken;
(f) Provide information supporting the reasonable belief of the
Public Health Director or the local public health administrator
that the person or group of persons would pose a serious and
imminent risk to the health and safety of others if not detained
for purposes of isolation or quarantine;
(g) Describe the medical basis for which isolation or
quarantine is justified and explain why isolation or quarantine
is the least restrictive means available to prevent a risk to the
health and safety of others;
(h) Establish the time and date at which the isolation or
quarantine commences; and
(i) Contain a statement of compliance with the conditions of
and principles for isolation and quarantine specified in section
12 of this 2007 Act.
(2) In lieu of issuing an emergency administrative order under
subsection (1) of this section, the Public Health Director or a
local public health administrator may petition the court for a
written ex parte order. The petition to the court and the court's
order must include the information described in subsection (1) of
this section.
(3) Within 12 hours of the issuance of an order under
subsection (1) or (2) of this section, the person or group of
persons detained or sought for detention must be personally
served with the written notice required by section 10 of this
2007 Act and with a copy of any order issued under subsection (1)
or (2) of this section. If copies of the notice and order cannot
be personally served in a timely manner to a group of persons
because the number of persons in the group makes personal service
impracticable, the Public Health Director or the local public
health administrator may post the notice and order in a
conspicuous place where the notice and order can be viewed by
those detained or may find other means to meaningfully
communicate the information in the notice and order to those
detained.
(4) A person or group of persons detained pursuant to an order
issued under subsection (1) or (2) of this section may not be
detained for longer than 72 hours unless a petition is filed
under section 9 of this 2007 Act.
(5) If the detention of a person or group of persons for longer
than 72 hours is deemed necessary, immediately following the
issuance of an order under subsection (1) or (2) of this section,
the Public Health Director or the local public health
administrator must petition the court in accordance with section
9 of this 2007 Act.
(6) A person or group of persons detained under subsection (1)
or (2) of this section has the right to be represented by legal
counsel in accordance with section 11 of this 2007 Act. + }
SECTION 9. { + (1) The Public Health Director or a local
public health administrator may petition the court for an order
authorizing:
(a) The isolation or quarantine of a person or group of
persons; or
(b) The continued isolation or quarantine of a person or group
of persons detained under section 8 of this 2007 Act.
(2) A petition filed under subsections (1) and (9) of this
section must:
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(a) Identify the person or group of persons subject to
isolation or quarantine;
(b) Identify the premises where isolation or quarantine will
take place, if known;
(c)(A) Describe the reasonable efforts made to obtain voluntary
compliance with a request for an emergency public health action,
including requests for testing or medical examination, treatment,
counseling, vaccination, decontamination of persons or animals,
isolation, quarantine and inspection and closure of facilities;
or
(B) Explain why reasonable efforts to obtain voluntary
compliance are not possible and why the pursuit of these efforts
creates a risk of serious harm to others;
(d) Describe the suspected communicable disease or toxic
substance, if known, and the anticipated duration of isolation or
quarantine based on the suspected communicable disease,
infectious agent or toxic substance;
(e) Provide information supporting the reasonable belief of the
Public Health Director or the local public health administrator
that the person or group of persons is, or is suspected to be,
infected with, exposed to, or contaminated with a communicable
disease or toxic substance that could spread to or contaminate
others if remedial action is not taken;
(f) Provide information supporting the reasonable belief of the
Public Health Director or the local public health administrator
that the person or group of persons would pose a serious risk to
the health and safety of others if not detained for purposes of
isolation or quarantine;
(g) Describe the medical basis for which isolation or
quarantine is justified and explain why isolation or quarantine
is the least restrictive means available to prevent a serious
risk to the health and safety of others;
(h) Establish the time and date on which the isolation or
quarantine commences; and
(i) Contain a statement of compliance with the conditions of
and principles for isolation and quarantine specified in section
12 of this 2007 Act.
(3) The person or group of persons detained or sought for
detention must be personally served with a copy of the petition
filed with the court under subsection (1) of this section and
with the written notice required by section 10 of this 2007 Act.
If copies of the petition and notice cannot be personally served
in a timely manner to a group of persons because the number of
persons in the group makes personal service impracticable, the
Public Health Director or the local public health administrator
may post the petition and notice in a conspicuous place where the
petition and notice can be viewed by those detained or may find
other means to meaningfully communicate the information in the
petition and notice to those detained.
(4) A person or group of persons subject to a petition filed
under subsection (1) or (9) of this section has the right to be
represented by legal counsel in accordance with section 11 of
this 2007 Act.
(5) The filing of a petition under subsection (1) of this
section to continue isolation or quarantine for a person or group
of persons detained under an emergency administrative order
issued under section 8 of this 2007 Act extends the isolation or
quarantine order until the court holds a hearing pursuant to
subsection (6) of this section.
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(6)(a) The court shall hold a hearing on a petition filed under
subsection (1) of this section within 72 hours of the filing of
the petition, exclusive of Saturdays, Sundays and legal holidays.
(b) In extraordinary circumstances and for good cause shown, or
with consent of the affected persons, the Public Health Director
or the local public health administrator may apply to continue
the hearing date for up to 10 days. The court may grant a
continuance at its discretion, giving due regard to the rights of
the affected persons, the protection of the public health, the
severity of the public health threat and the availability of
necessary witnesses and evidence.
(c) The hearing required under this subsection may be waived by
consent of the affected persons.
(d) The provisions of ORS 40.230, 40.235 and 40.240 do not
apply to a hearing held under this subsection. Any evidence
presented at the hearing that would be privileged and not subject
to disclosure except as required by this paragraph shall be
disclosed only to the court, the parties and their legal counsel
or persons authorized by the court and may not be disclosed to
the public.
(7) If a person or group of persons who is the subject of a
petition filed under subsection (1) or (9) of this section cannot
personally appear before the court because personal appearance
poses a risk of serious harm to others, the court proceeding may
be conducted by legal counsel for the person or group of persons
and be held at a location or via any means that allows all
parties to fully participate.
(8) The court shall grant the petition if, by clear and
convincing evidence, the court finds that isolation or quarantine
is necessary to prevent a serious risk to the health and safety
of others. In lieu of or in addition to isolation or quarantine,
the court may order the imposition of other public health
measures appropriate to the public health threat presented. The
court order must:
(a) Specify the maximum duration for the isolation or
quarantine, which may not exceed 60 days unless there is
substantial medical evidence indicating that the condition that
is the basis of the public health threat is spread by airborne
transmission and cannot be rendered noninfectious within 60 days
or may recur after 60 days, in which case the maximum duration of
the isolation or quarantine may not exceed a period of 180 days;
(b) Identify the person or group of persons subject to the
order by name or shared or similar characteristics or
circumstances;
(c) Specify the factual findings warranting imposition of
isolation, quarantine or another public health measure;
(d) Include any conditions necessary to ensure that isolation
or quarantine is carried out within the stated purposes and
restrictions of this section; and
(e) Be served on all affected persons or groups in accordance
with subsection (3) of this section.
(9) Prior to the expiration of a court order issued under
subsection (8) or (10) of this section, the Public Health
Director or the local public health administrator may petition
the court to continue isolation or quarantine. A petition filed
under this subsection must comply with the requirements of
subsections (2) to (8) of this section.
(10)(a) The court will hold a hearing on a petition filed under
subsection (9) of this section within 72 hours of filing,
exclusive of Saturdays, Sundays and legal holidays.
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(b) In extraordinary circumstances and for good cause shown, or
with consent of the affected persons, the Public Health Director
or the local public health administrator may apply to continue
the hearing date for up to 10 days. The court may grant a
continuance at its discretion, giving due regard to the rights of
the affected persons, the protection of the public health, the
severity of the public health threat and the availability of
necessary witnesses and evidence.
(c) The hearing required under this subsection may be waived by
consent of the affected parties.
(d) The court may continue the isolation or quarantine order if
the court finds there is clear and convincing evidence that
continued isolation or quarantine is necessary to prevent a
serious threat to the health and safety of others. In lieu of or
in addition to continued isolation or quarantine, the court may
order the imposition of a public health measure appropriate to
the public health threat presented.
(e) An order issued under this subsection must comply with the
requirements of subsection (8) of this section.
(11) An order issued under subsection (10) of this section
shall be for a period not to exceed 60 days and shall be served
on all affected parties in accordance with subsection (3) of this
section.
(12) In no case may a person or group of persons be in
quarantine or isolation for longer than 180 days unless,
following a hearing, a court finds that extraordinary
circumstances exist and that the person or group of persons
subject to isolation or quarantine continues to pose a serious
threat to the health and safety of others if detention is not
continued.
(13) Failure to obey a court order issued under this section
shall subject the person in violation of the order to contempt
proceedings under ORS 33.015 to 33.155. + }
SECTION 10. { + (1) The Public Health Director or the local
public health administrator shall provide the person or group of
persons detained or sought for detention under section 8 or 9 of
this 2007 Act with a written notice informing the person or group
of persons of:
(a) The right to legal counsel, including how to request and
communicate with counsel;
(b) The right to petition the court for release from isolation
or quarantine and the procedures for filing a petition;
(c) The conditions of and principles of isolation and
quarantine specified in section 12 of this 2007 Act;
(d) The right to petition the court for a remedy regarding a
breach of the conditions of isolation or quarantine imposed on
the person or group of persons and the procedures for filing a
petition; and
(e) The sanctions that may be imposed for violating an order
issued under section 8 or 9 of this 2007 Act.
(2) The Public Health Director or the local public health
administrator must ensure, to the extent practicable, that the
person or group of persons receives the notice required under
this section in a language and in a manner the person or group of
persons can understand.
(3) The Public Health Director may adopt rules prescribing the
form of notice required by this section. + }
SECTION 11. { + (1) A person or group of persons subject to
isolation or quarantine or other public health measure pursuant
to section 8 or 9 of this 2007 Act has the right to be
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represented by legal counsel if the person or group of persons so
elects. If the person or group of persons requests legal counsel
and cannot afford counsel, the court shall appoint legal counsel.
If no request for legal counsel is made, the court must appoint
legal counsel unless counsel is expressly, knowingly and
intelligently refused by the person or the group of persons. The
person or the group of persons may request legal counsel at any
time during the period of imposition of the isolation, quarantine
or other public health measure.
(2) If a person 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 appointed to represent the
person. + }
SECTION 12. { + When isolating or quarantining a person or
group of persons in accordance with section 8 or 9 of this 2007
Act, the Public Health Director or the local public health
administrator shall adhere to the following conditions and
principles:
(1) Isolation or quarantine must be by the least restrictive
means necessary to prevent the spread of a communicable disease
or possibly communicable disease to others or to limit exposure
to or contamination with a toxic substance by others, and may
include, but is not limited to, confinement to private homes or
other public or private premises.
(2) Confinement may not be in a prison, jail or other facility
where those charged with a crime or a violation of a municipal
ordinance are incarcerated unless:
(a) The person or group of persons represents an immediate and
serious physical threat to the staff or physical facilities of a
hospital or other facility in which the person or group of
persons has been confined; or
(b) A person has been found in contempt of court because of
failure to obey a court order.
(3) Isolated persons must be confined separately from
quarantined persons. If a facility is not capable of separating
isolated persons from quarantined persons, either the isolated
persons or the quarantined persons must be moved to a separate
facility.
(4) The health status of an isolated or quarantined person must
be monitored regularly to determine if the person requires
continued isolation or quarantine.
(5) A quarantined person who subsequently becomes infected or
is reasonably believed to have become infected with a
communicable disease or possibly communicable disease that the
Public Health Director or the local public health administrator
believes poses a significant threat to the health and safety of
other quarantined persons must be promptly placed in isolation.
(6) An isolated or quarantined person must be released as soon
as practicable when the Public Health Director or local public
health administrator determines that the person has been
successfully decontaminated or that the person no longer poses a
substantial risk of transmitting a communicable disease or
possibly communicable disease that would constitute a serious or
imminent threat to the health and safety of others.
(7) The needs of a person who is isolated or quarantined must
be addressed to the greatest extent practicable in a systematic
and competent fashion, including, but not limited to, providing
adequate food, medication, competent medical care, clothing,
shelter and means of communication with other persons who are in
Enrolled House Bill 2185 (HB 2185-A) Page 12
isolation or quarantine and persons who are not under isolation
or quarantine.
(8) Premises used for isolation or quarantine must, to the
extent practicable, be maintained in a safe and hygienic manner
to lessen the likelihood of further transmission of a
communicable disease or possibly communicable disease or of
further harm to persons who are isolated and quarantined.
(9) Cultural and religious beliefs should be considered to the
extent practicable in addressing the needs of persons who are
isolated or quarantined and in establishing and maintaining
premises used for isolation or quarantine.
(10)(a) Isolation or quarantine shall not abridge the right of
any person to rely exclusively on spiritual means to treat a
communicable disease or possibly communicable disease in
accordance with religious or other spiritual tenets and
practices.
(b) Nothing in sections 10 to 17 of this 2007 Act prohibits a
person who relies exclusively on spiritual means to treat a
communicable disease or possibly communicable disease and who is
infected with a communicable disease or has been exposed to a
toxic substance from being isolated or quarantined in a private
place of the person's own choice, provided the private place is
approved by the Public Health Director or the local health
administrator and the person who is isolated or quarantined
complies with all laws, rules and regulations governing control,
sanitation, isolation and quarantine.
(11) Prior to placing a person or group of persons subject to
isolation or quarantine in a health care facility as defined in
ORS 442.015, the Public Health Director or the local public
health administrator must provide to the managers of the health
care facility notice of the intention to seek authorization from
the court to place a person or group of persons in isolation or
quarantine in the facility and must consult with the managers of
the health care facility regarding how to best meet the
requirements of this section.
(12) The Public Health Director or local public health
administrator shall provide adequate means of communication
between a person or a group of persons who is isolated or
quarantined and legal counsel for the person or group of
persons. + }
SECTION 13. { + (1) Entry into premises used for isolation or
quarantine shall be allowed under the following conditions:
(a) The Public Health Director or the local public health
administrator may authorize physicians or other health care
workers or other persons access to persons or groups of persons
who are in isolation or quarantine pursuant to section 8 or 9 of
this 2007 Act as necessary to meet the needs of isolated or
quarantined persons;
(b) Only persons authorized by the Public Health Director or
the local public health administrator may enter premises used for
isolation or quarantine;
(c) An authorized person entering premises used for isolation
or quarantine shall be provided with infection control training
and may be required to wear personal protective equipment or to
receive vaccinations as determined by the Public Health Director
or the local public health administrator; and
(d) A person entering premises used for isolation or quarantine
with or without authorization of the Public Health Director or
the local public health administrator may become subject to
isolation or quarantine.
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(2) Persons subject to isolation or quarantine and other
persons entering premises used for isolation or quarantine are
subject to rules and orders adopted by the Public Health Director
or the local public health administrator. Failure to comply with
rules and orders adopted by the Public Health Director or the
local public health administrator is a Class D violation.
(3) If a health care facility as defined in ORS 442.015 is used
as a premises for isolation or quarantine, the Public Health
Director or the local public health administrator must consult
with the managers of the health care facility regarding how best
to meet the requirements of this section.
(4) Nothing in this section prohibits a physician or other
health care worker in a health care facility from having access
to a person or a group of persons who is in isolation or
quarantine pursuant to section 8 or 9 of this 2007 Act if the
infection control procedures and other precautions determined
necessary by the Public Health Director are adhered to by the
facility and the physician or other health care worker seeking
access to the isolated or quarantined person. + }
SECTION 14. { + (1)(a) Any person or group of persons who is
isolated or quarantined pursuant to section 8 or 9 of this 2007
Act may apply to the court for an order to show cause why the
individual or group should not be released.
(b) The court shall rule on the application to show cause
within 48 hours of the filing of the application.
(c) The court must grant the application if there is a
reasonable basis to support the allegations in the application,
and the court shall schedule a hearing on the order requiring the
Department of Human Services to appear and to show cause within
five working days of the filing of the application.
(d) The issuance of an order to show cause and ordering the
department to appear and show cause does not stay or enjoin an
isolation or quarantine order.
(2)(a) A person or group of persons who is isolated or
quarantined may request a hearing in the court for remedies
regarding breaches of the conditions of isolation or quarantine
required by section 12 of this 2007 Act.
(b) The court must hold a hearing if there is a reasonable
basis to believe there has been a breach of the conditions of
isolation or quarantine required by section 12 of this 2007 Act.
(c) A request for a hearing shall not stay or enjoin an order
for isolation or quarantine.
(d) Upon receipt of a request under this subsection alleging
extraordinary circumstances justifying the immediate granting of
relief, the court shall hold a hearing on the matters alleged as
soon as practicable.
(e) If a hearing is not granted under paragraph (c) of this
subsection, the court shall hold a hearing on the matters alleged
within five days from receipt of the request.
(3) In any proceedings brought for relief under this section,
in extraordinary circumstances and for good cause shown, or with
consent of the petitioner or petitioners the Public Health
Director or local public health administrator may move the court
to extend the time for a hearing. The court in its discretion may
grant the extension giving due regard to the rights of the
affected persons, the protection of the public health, the
severity of the emergency and the availability of necessary
witnesses and evidence.
(4) If a person or group of persons who is detained cannot
personally appear before the court because such an appearance
Enrolled House Bill 2185 (HB 2185-A) Page 14
poses a risk of serious harm to others, the court proceeding may
be conducted by legal counsel for the person or group of persons
and be held at a location or via any means that allows all
parties to fully participate.
(5) If the court finds, by clear and convincing evidence, that
a person or group of persons no longer poses a serious risk to
the health and safety to others, the court may order the release
of that person or group of persons from isolation or quarantine.
(6) If the court finds by clear and convincing evidence that a
person or group of persons is not being held in accordance with
the conditions of isolation or quarantine required by section 12
of this 2007 Act, the court may order an appropriate remedy to
ensure compliance with section 12 of this 2007 Act. + }
SECTION 15. { + Upon receiving multiple petitions under
sections 9, 14 or 17 of this 2007 Act, to promote the fair and
efficient operation of justice and having given due regard to the
rights of affected persons, the severity of the threat to the
public health, and the availability of necessary witnesses and
evidence, a court may order the consolidation of the proceedings
when:
(1) The number of persons involved or to be affected is so
large that individual participation is rendered impracticable;
(2) There are questions of law or fact common to the individual
petitions or rights to be determined;
(3) The group petitioner rights to be determined are typical of
the affected persons' petitions or rights; and
(4) The entire group will be adequately represented in the
consolidation. + }
SECTION 16. { + State and local law enforcement officials, to
the extent resources are available, must assist the Public Health
Director or the local public health administrator in enforcing
orders issued under sections 8, 9 and 17 of this 2007 Act. + }
SECTION 17. { + (1) As used in this section, 'to isolate
property' means to restrict access to property in a manner that
reduces or prevents exposure to a toxic substance by persons.
(2) The Public Health Director or a local public health
administrator may petition the court to isolate property if there
is reason to believe the property is contaminated with a toxic
substance that poses a serious risk to the health and safety of
others.
(3) The petition must:
(a) Describe the property subject to isolation;
(b)(A) Describe the reasonable efforts made to obtain voluntary
compliance from the owner or custodian of the property with
public health measures necessary to isolate the property; or
(B) Explain why reasonable efforts to obtain voluntary
compliance are not possible and why the pursuit of these efforts
creates a risk of serious harm to others;
(c) Describe the suspected toxic substance and the health
effects of exposure to the toxic substance;
(d) Provide information supporting the reasonable belief of the
Public Health Director or the local public health administrator
that the toxic substance could spread to or contaminate others if
remedial action is not taken;
(e) Provide information supporting the reasonable belief of the
Public Health Director or the local public health administrator
that the toxic substance poses a serious risk to the health and
safety of others if the property is not isolated;
Enrolled House Bill 2185 (HB 2185-A) Page 15
(f) Explain why isolation of the property is the least
restrictive means available to prevent a serious risk to the
health and safety of others; and
(g) Explain whether the property subject to isolation can be
decontaminated or whether the property must be destroyed.
(4) The petition must be personally served on the owner or
custodian of the property.
(5)(a) The court must hold a hearing within 72 hours of the
filing of the petition, exclusive of Saturdays, Sundays and legal
holidays.
(b) For good cause shown, or with consent of the affected owner
or custodian of the property, the Public Health Director or the
local public health administrator may apply to continue the
hearing date for up to 10 days, which continuance the court may
grant at its discretion giving due regard to the rights of the
affected owner or custodian of the property, the protection of
the public health, the severity of the public health threat and
the availability of necessary witnesses and evidence.
(c) A hearing may be waived by the owner or custodian of the
property.
(6) The court shall grant the petition if, by clear and
convincing evidence, the court finds that isolation of property
contaminated with a toxic substance is necessary to prevent a
serious risk to the health and safety of others. An order
authorizing isolation shall be in effect until the toxic
substance no longer poses a serious risk to the health and safety
of others.
(7) The court order must:
(a) Identify the property to be isolated;
(b) Specify factual findings warranting isolation, including a
description of the toxic substance believed to be contaminating
the property;
(c) Include any conditions necessary to ensure that isolation
is carried out within the stated purposes and restrictions of
this section; and
(d) Describe the remedial actions necessary to neutralize or
remove the contamination. + }
SECTION 18. ORS 433.035 is amended to read:
433.035. (1) { + (a) + } { - Whenever the Director of Human
Services or any local public health administrator reasonably
believes any person within the jurisdiction of the director or
local public health administrator has any - } { + The Public
Health Director or a local public health administrator may
require testing or medical examination of any person who may
have, or may have been exposed to, a + } communicable disease
identified by rule of the Department of Human Services to be a
reportable disease { + , a new or uncommon disease of potential
public health significance, + } or a condition that is the basis
of a state of { - impending public health crisis - }
{ + public health emergency + } declared by the Governor as
authorized by ORS 433.441 { - , 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 - } { + Public Health Director or
the local public health administrator must issue a written order
for testing or medical + } examination pursuant to this
section { + . + } { - shall, in the order, make written - }
{ + (b) A written order must:
Enrolled House Bill 2185 (HB 2185-A) Page 16
(A) Include + } findings stating the communicable disease that
the { - person ordering the examination - } { + Public Health
Director or the local public health administrator + } believes
the person has { - , - } { + and + } the reasons for that
belief { + . + } { - , that - }
{ + (B) State whether + } medical or laboratory confirmation
of the disease is feasible and possible and { - that - }
{ + whether + } such confirmation would enable control measures
to be taken to minimize infection of others with the disease.
{ - The order shall also - }
{ + (C) + } Include a statement that the person may refuse to
submit to the { + testing or medical + } examination and that if
{ - so, a public health measure may be imposed - } { + the
testing or examination is refused, the Public Health Director or
the local public health administrator may seek the imposition of
a public health measure, including isolation or quarantine
pursuant to section 8 or 9 of this 2007 Act + }.
(2) When { - any - } { + a + } person is directed to submit
to { - an - } { + a test or + } examination under
{ - subsection (1) of - } this section and the person agrees to
do so, the person shall submit to { - such - } { + any
testing or + } examination as may be necessary to establish the
presence or absence of the communicable disease for which the
{ - medical - } { + testing or + } 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 Board of Naturopathic Examiners. A written
report of the results of { - such - } { + the test or + }
examination shall be { - made - } { + provided + } to the
person ordering the { + test or + } examination { + , and upon
request, to the person tested or examined + }. Laboratory
examinations, if any, shall be carried out by the laboratory of
the department whenever
{ - such - } { + the + } examinations are within the scope of
the tests conducted by the laboratory. If treatment is needed,
the person { + or + } { - , - } 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 - }
{ + if the person liable is + } able to pay { - such - }
{ + the treatment + } 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 - } { + that + } the local public health
administrator serves or in the county where the person
{ + tested or + } examined resides if the local public health
administrator serves more than one county or the { + test or + }
examination was ordered by the { - director - } { + Public
Health Director or local public health administrator + }.
{ - (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. - }
Enrolled House Bill 2185 (HB 2185-A) Page 17
{ + (3) If a person has a communicable disease, a new or
uncommon disease of potential public health significance, or a
condition that is the basis of a state of public health
emergency, the Public Health Director or the local public health
administrator may issue an order requiring the person to complete
an appropriate prescribed course of medication or other treatment
for the communicable disease, including directly observed therapy
if appropriate, and to follow infection control provisions for
the disease. The order shall also include statements that the
person may refuse the medication or other treatment and that the
person's failure to comply with the order issued under this
subsection may result in the Public Health Director or the local
public health administrator seeking the imposition of a public
health measure, including isolation or quarantine as authorized
by sections 8 and 9 of this 2007 Act.
(4) The Public Health Director or the local public health
administrator must make every effort to obtain voluntary
compliance from a person for any testing, medical examination and
treatment required under this section.
(5) Any action taken by the Public Health Director or the local
public health administrator under this section to compel testing,
medical examination or treatment of a person who has a
communicable disease, a new or uncommon disease of potential
public health significance, or a condition that is the basis of a
state of public health emergency must be the least restrictive
alternative available to accomplish the results necessary to
minimize the transmission of the disease to others. + }
SECTION 18a. ORS 433.156 is amended to read:
433.156. All state and local { - police officers - }
{ + law enforcement authorities + } shall cooperate with any
officer authorized to impose isolation or quarantine in the
enforcement thereof.
SECTION 19. ORS 433.216 is amended to read:
433.216. If the { - Director of Human Services - }
{ + Public Health Director + } 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 20. 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 - }
{ + being transported by any public or private conveyance + }
the existence of any communicable disease or toxic substance
{ - which - } { + that + } presents a substantial threat to
public health, the { - Director of Human Services - } { +
Public Health Director + }, under rules of the Department of
Human Services may:
{ + (a) Issue an order for testing, medical examination or
treatment under ORS 433.035. + }
{ - (a) - } { + (b) + } 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 - }
{ + section 8, 9 or 17 of this 2007 Act + }.
{ - (b) - } { + (c) + } Cause the passengers and material
in the involved conveyance to be subjected to requirements by the
Department { + of Human Services + } for the control of the
specific communicable disease or prevention of harm to the public
health from the toxic substance.
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{ - (c) - } { + (d) + } 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 { + Public Health + } Director shall have final
jurisdiction.
SECTION 21. { + Sections 22 and 28 of this 2007 Act are added
to and made a part of ORS 433.441 to 433.452. + }
SECTION 22. { + As used in ORS 433.441 to 433.452:
(1) 'Bioterrorism' means the intentional use of any
microorganism, virus, infectious substance or biological product
to cause death, disease or other biological harm to a human, an
animal, a plant or another living organism.
(2) 'Communicable disease' has the meaning given that term in
section 3 of this 2007 Act.
(3) 'Local public health authority' has the meaning given that
term in section 3 of this 2007 Act.
(4) 'Public health emergency' means an occurrence or imminent
threat of an illness or health condition that:
(a) Is believed to be caused by any of the following:
(A) Bioterrorism;
(B) The appearance of a novel or previously controlled or
eradicated infectious agent or biological toxin that may be
highly contagious;
(C) An epidemic of communicable disease; or
(D) A natural disaster, a chemical attack or accidental
chemical release or a nuclear attack or nuclear accident; and
(b) Poses a high probability of any of the following harms:
(A) A large number of deaths in the affected population;
(B) A large number of serious or long-term disabilities in the
affected population; or
(C) Widespread exposure to an infectious or toxic agent that
poses a significant risk of substantial future harm to a large
number of persons in the affected population.
(5) 'Public health measure' has the meaning given that term in
section 3 of this 2007 Act. + }
SECTION 23. ORS 433.441 is amended to read:
433.441. (1) { + Upon the occurrence of a public health
emergency, + } the Governor may { - proclaim a state of
impending public health crisis after determining that a threat to
the public health is imminent and likely to be widespread,
life-threatening and of a scope that requires immediate medical
action as authorized - } { + declare a state of public health
emergency as authorized + } by ORS 433.441 to 433.452 to protect
the public health.
(2) A proclamation of a state of { - impending public health
crisis - } { + public health emergency + } must specify { + :
(a) + } The nature of the { - impending public health crisis.
A public health crisis can result from bioterrorism, chemical or
radiological contamination, pandemic influenza or any other
unusual or extraordinary incidence of a communicable or
reportable disease. - } { + public health emergency;
(b) The political subdivision or geographic area subject to the
proclamation;
(c) The conditions that have brought about the public health
emergency; and
(d) The duration of the state of public health emergency, if
the duration is less than 14 days.
(3) During a public health emergency, the Governor may:
Enrolled House Bill 2185 (HB 2185-A) Page 19
(a) Close, order the evacuation of or the decontamination of
any facility the Governor has reasonable cause to believe may
endanger the public health.
(b) Regulate or restrict by any means necessary the use, sale
or distribution of food, fuel, medical supplies, medicines or
other goods and services.
(c) Prescribe modes of transportation, routes and destinations
required for the evacuation of individuals or the provision of
emergency services.
(d) Control or limit entry into, exit from, movement within and
the occupancy of premises in any public area subject to or
threatened by a public health emergency if such actions are
reasonable and necessary to respond to the public health
emergency.
(e) Take any other action that may be necessary for the
management of resources, or to protect the public during a public
health emergency, including any actions authorized under ORS
401.065, 401.074, 401.085 and 401.095. + }
{ - (3) - } { + (4) + } Nothing in ORS 433.441 to 433.452
limits the authority of the Governor to declare a state of
emergency under ORS 401.055. If a state of emergency is declared
as authorized under ORS 401.055, the Governor may implement any
action authorized by ORS 433.441 to 433.452.
{ - (4) - } { + (5) + } A proclamation of a state of
{ - impending public health crisis - } { + public health
emergency + } expires when terminated by a declaration of the
Governor or { + no more than + } 14 days after the date
{ - it - } { + the public health emergency + } is proclaimed
unless the { + Governor expressly extends the + } proclamation
{ - is expressly extended - } for an additional 14-day period
{ - by the Governor - } .
{ + (6) When real or personal property is taken under power
granted by this section, the owner of the property shall be
entitled to reasonable compensation from the state. + }
SECTION 24. ORS 433.443 is amended to read:
433.443. { - (1)(a) During a proclaimed state of impending
public health crisis, the Department of Human Services may: - }
{ + (1)(a) During a public health emergency proclaimed under
ORS 433.441, the Public Health Director may, as necessary to
appropriately respond to the public health emergency: + }
(A) Adopt reporting requirements for and provide notice of
those requirements to health care providers, institutions and
facilities for the purpose of obtaining information directly
related to the { - impending public health crisis - } { +
public health emergency + };
(B) After consultation with appropriate medical experts, create
{ + and require the use of + } diagnostic and treatment
protocols to respond to the { - impending public health
crisis - } { + public health emergency + } and provide notice
of those protocols to health care providers, institutions and
facilities;
(C) Order, or authorize local public health administrators to
order, public health measures { - , including temporary
isolation or quarantine of individuals or groups, as provided in
ORS 433.019, 433.022, 433.035 and 433.106; - } { + appropriate
to the public health threat presented; + }
(D) Upon approval of the Governor, take other { - reasonable
administrative actions necessary to address the impending public
health crisis - } { + actions necessary to address the public
health emergency + } and provide notice of those actions to
Enrolled House Bill 2185 (HB 2185-A) Page 20
health care providers, institutions and facilities { + ,
including public health actions authorized by section 5 of this
2007 Act + }; { - and - }
(E) { - Impose - } { + Take any enforcement action
authorized by section 4 of this 2007 Act, including the
imposition of + } civil penalties of up to $500 per day against
individuals, institutions or facilities that knowingly fail to
comply with requirements resulting from actions taken in
accordance with the powers granted to the { - Department of
Human Services - } { + Public Health Director + } under
subparagraphs (A), (B) and (D) of this paragraph { - . - }
{ + ; and
(F) The authority granted to the Public Health Director under
this section:
(i) Supersedes any authority granted to a local public health
authority if the local public health authority acts in a manner
inconsistent with guidelines established or rules adopted by the
director under this section; and
(ii) Does not supersede the general authority granted to a
local public health authority or a local public health
administrator except as authorized by law or necessary to respond
to a public health emergency. + }
(b) The authority of the { - Department of Human Services - }
{ + Public Health Director + } to take administrative action,
and the effectiveness of any action taken, under paragraph
(a)(A), (B) { + , + }
{ - and - } (D) { + , (E) and (F) + } of this subsection
terminates upon the expiration of the proclaimed state of
{ - impending public health crisis - } { + public health
emergency + }, unless the actions are continued under other
applicable law.
(2) Civil penalties under subsection (1) of this section shall
be imposed in the manner provided in ORS 183.745. The
{ - Department of Human Services - } { + Public Health
Director + } must establish that the individual, institution or
facility subject to the civil penalty had actual notice of the
action taken that is the basis for the penalty. The maximum
aggregate total for penalties that may be imposed against an
individual, institution or facility under subsection (1) of this
section is $500 for each day of violation, regardless of the
number of violations of subsection (1) of this section that
occurred on each day of violation.
(3)(a) During a proclaimed state of { - impending public
health crisis - } { + public health emergency + }, the
{ - Department of Human Services - } { + Public Health
Director + } and local public health administrators shall be
given immediate access to individually identifiable health
information necessary to:
(A) Determine the causes of an illness related to the
{ - impending public health crisis - } { + public health
emergency + };
(B) Identify persons at risk;
(C) Identify patterns of transmission;
(D) Provide treatment; and
(E) Take steps to control the disease.
(b) Individually identifiable health information accessed as
provided by paragraph (a) of this subsection may not be used for
conducting nonemergency epidemiologic research or to identify
persons at risk for post-traumatic mental health problems { + ,
Enrolled House Bill 2185 (HB 2185-A) Page 21
or for any other purpose except the purposes listed in paragraph
(a) of this subsection + }.
(c) Individually identifiable health information obtained by
the { - Department of Human Services - } { + Public Health
Director + } or local public health administrators under this
subsection may not be disclosed without written authorization of
the identified individual except:
(A) Directly to the individual who is the subject of the
information or to the legal representative of that individual;
(B) To state, local or federal agencies authorized to receive
such information by state or federal law;
(C) To identify or to determine the cause or manner of death of
a deceased individual; or
(D) Directly to a health care provider { - , institution or
facility - } for the evaluation or treatment of a condition that
is the subject of a proclamation of a state of { - impending
public health crisis - } { + public health emergency + } issued
under ORS 433.441.
(d) Upon expiration of the state of { - impending public
health crisis - } { + public health emergency + }, the
{ - Department of Human Services - } { + Public Health
Director + } or local public health administrators may not use or
disclose any individually identifiable health information that
has been obtained under
{ - subsections (1) to (4) of - } this section. If a state of
emergency that is related to the state of { - impending public
health crisis - } { + public health emergency + } has been
declared under 401.055, the
{ - Department of Human Services - } { + Public Health
Director + } and local public health administrators may continue
to use any { + individually identifiable + } information
obtained as provided { - in subsections (1) to (4) of - }
{ + under + } this section until termination of the state of
emergency.
(4) As used in { - subsections (1) to (4) of - } this
section:
(a) 'Covered entity' means:
(A) The Children's Health Insurance Program;
(B) The Family Health Insurance Assistance Program established
under ORS 735.722;
(C) A health insurer that is an insurer as defined in ORS
731.106 and that issues health insurance as defined in ORS
731.162;
(D) The state medical assistance program; and
(E) A health care provider.
(b) 'Health care provider' includes but is not limited to:
(A) A psychologist, occupational therapist, clinical social
worker, professional counselor or marriage and family therapist
licensed under ORS chapter 675 or an employee of the
psychologist, occupational therapist, clinical social worker,
professional counselor or marriage and family therapist;
(B) A physician, podiatric physician and surgeon, physician
assistant or acupuncturist licensed under ORS chapter 677 or an
employee of the physician, podiatric physician and surgeon,
physician assistant or acupuncturist;
(C) A nurse or nursing home administrator licensed under ORS
chapter 678 or an employee of the nurse or nursing home
administrator;
(D) A dentist licensed under ORS chapter 679 or an employee of
the dentist;
Enrolled House Bill 2185 (HB 2185-A) Page 22
(E) A dental hygienist or denturist licensed under ORS chapter
680 or an employee of the dental hygienist or denturist;
(F) A speech-language pathologist or audiologist licensed under
ORS chapter 681 or an employee of the speech-language pathologist
or audiologist;
(G) An emergency medical technician certified under ORS chapter
682;
(H) An optometrist licensed under ORS chapter 683 or an
employee of the optometrist;
(I) A chiropractic physician licensed under ORS chapter 684 or
an employee of the chiropractic physician;
(J) A naturopathic physician licensed under ORS chapter 685 or
an employee of the naturopathic physician;
(K) A massage therapist licensed under ORS 687.011 to 687.250
or an employee of the massage therapist;
(L) A direct entry midwife licensed under ORS 687.405 to
687.495 or an employee of the direct entry midwife;
(M) A physical therapist licensed under ORS 688.010 to 688.201
or an employee of the physical therapist;
(N) A radiologic technologist licensed under ORS 688.405 to
688.605 or an employee of the radiologic technologist;
(O) A respiratory care practitioner licensed under ORS 688.800
to 688.840 or an employee of the respiratory care practitioner;
(P) A pharmacist licensed under ORS chapter 689 or an employee
of the pharmacist;
(Q) A dietitian licensed under ORS 691.405 to 691.585 or an
employee of the dietitian;
(R) A funeral service practitioner licensed under ORS chapter
692 or an employee of the funeral service practitioner;
(S) A health care facility as defined in ORS 442.015;
(T) A home health agency as defined in ORS 443.005;
(U) A hospice program as defined in ORS 443.850;
(V) A clinical laboratory as defined in ORS 438.010;
(W) A pharmacy as defined in ORS 689.005;
(X) A diabetes self-management program as defined in ORS
743.694; and
(Y) Any other person or entity that furnishes, bills for or is
paid for health care in the normal course of business.
{ + (c) 'Individual' means a natural person. + }
{ - (c) - } { + (d) + } 'Individually identifiable health
information ' means any oral or written health information in any
form or medium that is:
(A) Created or received by a covered entity, an employer or a
health care provider that is not a covered entity; and
(B) Identifiable to an individual, including demographic
information that identifies the individual, or for which there is
a reasonable basis to believe the information can be used to
identify an individual, and that relates to:
(i) The past, present or future physical or mental health or
condition of an individual;
(ii) The provision of health care to an individual; or
(iii) The past, present or future payment for the provision of
health care to an individual.
{ + (e) 'Legal representative' means attorney at law, person
holding a general power of attorney, guardian, conservator or any
person appointed by a court to manage the personal or financial
affairs of a person, or agency legally responsible for the
welfare or support of a person. + }
(5) All civil penalties recovered under { - subsections (1)
to (4) of - } this section shall be paid into the State Treasury
Enrolled House Bill 2185 (HB 2185-A) Page 23
and credited to the General Fund and are available for general
governmental expenses.
{ + (6) The Public Health Director may request assistance in
enforcing orders issued pursuant to this section from state or
local law enforcement authorities. If so requested by the Public
Health Director, state and local law enforcement authorities, to
the extent resources are available, shall assist in enforcing
orders issued pursuant to this section.
(7) If the Department of Human Services adopts temporary rules
to implement the provisions of this section, the rules adopted
are not subject to the provisions of ORS 183.335 (6)(a). The
department may amend temporary rules adopted pursuant to this
subsection as often as necessary to respond to the public health
emergency. + }
SECTION 25. ORS 433.446 is amended to read:
433.446. The Governor may seek assistance under the Emergency
Management Assistance Compact during a state of { - impending
public health crisis - } { + public health emergency + } to
obtain additional resources for providing services directly
related to mitigation of the crisis.
SECTION 26. ORS 433.448 is amended to read:
433.448. (1)(a) During a state of { - impending public health
crisis - } { + public health emergency + } proclaimed under ORS
433.441 or during a state of emergency declared under ORS 401.055
that is related to a state of { - impending public health
crisis - } { + public health emergency + } that has not
expired, the immunization registry and tracking and recall system
established under ORS 433.094 may be used as a vaccination
management and tracking system for the purpose of preventing the
spread of diseases that can be prevented by vaccination or for
tracking the mass administration of antibiotic prophylaxis.
(b) When being used as authorized by this section, an
immunization registry may include persons of any age, and
vaccination records may be shared with authorized users of the
registry for purposes related to the proclaimed state of
{ - impending public health crisis - } { + public health
emergency + } without obtaining the prior authorization of the
clients of the registry.
(2) As used in this section, 'client' and 'immunization
registry' have the meaning given those terms in ORS 433.090.
SECTION 27. ORS 433.452 is amended to read:
433.452. (1) If the { - Director of Human Services - }
{ + Public Health Director + }or the local public health
administrator reasonably believes a person within the
jurisdiction of the director or the administrator may have been
exposed to a communicable disease identified by rule of the
Department of Human Services to be a reportable disease or
condition or a condition that is the basis for a state of
{ - impending public health crisis - } { + public health
emergency + } declared by the Governor as authorized by ORS
433.441, the person may be detained for as long as reasonably
necessary for the director or administrator to convey information
to the person regarding the communicable disease or condition and
to obtain contact information, including but not limited to the
person's residence and employment addresses, date of birth,
telephone numbers and any other contact information required by
the director or administrator.
(2) If a person detained under subsection (1) of this section
refuses to provide the information requested, the director or
administrator may impose a public health measure { - pursuant
Enrolled House Bill 2185 (HB 2185-A) Page 24
to ORS 433.019 and 433.022 - } { + appropriate to the public
health threat presented pursuant to ORS 433.035 and sections 8
and 9 of this 2007 Act + }.
SECTION 28. { + (1) As used in this section:
(a) 'Contaminated material' means wastes or other materials
exposed to or tainted by chemical, radiological, or biological
substances or agents.
(b) 'Transmissible agent' means a biological substance capable
of causing disease or infection through individual to individual
transmission, animal to individual transmission, or other modes
of transmission.
(2) Notwithstanding any provision in ORS chapter 97 or 692,
during a state of public health emergency, the Public Health
Director may:
(a) Prescribe measures to provide for the safe disposal of
human remains as may be reasonable and necessary to respond to
the public health emergency. Measures adopted under this
subsection may include the embalming, burial, cremation,
interment, disinterment, transportation and disposal of human
remains.
(b) Require any person in charge of disposing of human remains
to clearly label the human remains of a deceased person with a
communicable disease or transmissible agent with an external,
clearly visible tag indicating that the human remains are
infected or contaminated and, if known, the communicable disease
or transmissible agent or contaminated materials present in the
remains.
(c) After a medical examiner has certified the cause and manner
of death, order a person in charge of disposing of human remains
to dispose of the human remains of a person who has died of a
communicable disease or transmissible agent through burial or
cremation within a specified time period. To the extent
practicable, religious, cultural, family and individual beliefs
of the deceased person or the person's family shall be considered
when disposing of any human remains.
(3) The Public Health Director must consult and coordinate with
the State Medical Examiner when exercising authority under this
section. Nothing in this section is intended to override
authority granted to the State Medical Examiner or district
medical examiner under ORS 146.003 to 146.165 and 146.710 to
146.992. + }
SECTION 29. ORS 433.140 is amended to read:
433.140. (1) The expenses incurred under { - ORS 433.135 - }
{ + section 12 of this 2007 Act + }, when properly certified by
the
{ - executive officer of such board - } { + local public
health administrator + }, shall be paid by the person { + who is
isolated or + } quarantined, when { + the person is + } able to
pay { - them - } { + the expenses + }.
(2) The Department of Human Services may provide general
assistance, including medical care for { - such person - }
{ + the person who is isolated or quarantined + }, 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 30. 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.
Enrolled House Bill 2185 (HB 2185-A) Page 25
(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 section 13 of this 2007 Act 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. + }
{ - (4) - } { + (5) + } 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) - } { + (6) + } 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 issued under ORS 433.350 is a Class C
misdemeanor.
{ - (6) - } { + (7) + } 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 31. ORS 433.390 is amended to read:
433.390. (1) All moneys received by a county under ORS 433.340
to 433.390 and 433.990 { - (5) - } { + (6) + } shall be paid
to the county dog control fund.
(2) The governing body of the county may, in the event of a
rabies outbreak within the county, use such portion of the dog
control fund as it deems necessary to purchase rabies vaccine for
administration to animals under the direction of the state and
local health officers.
SECTION 32. ORS 433.735 is amended to read:
433.735. As used in ORS 433.735 to 433.770 and 433.990
{ - (6) - } { + (7) + }:
(1) 'Outdoor mass gathering,' unless otherwise defined by
county ordinance, means an actual or reasonably anticipated
assembly of more than 3,000 persons which continues or can
reasonably be expected to continue for more than 24 consecutive
hours but less than 120 hours within any three-month period and
which is held primarily in open spaces and not in any permanent
structure.
(2) 'Organizer' includes any person who holds, stages or
sponsors an outdoor mass gathering and the owner, lessee or
possessor of the real property upon which the outdoor mass
gathering is to take place.
(3) 'Permanent structure' includes a stadium, an arena, an
auditorium, a coliseum, a fairgrounds or other similar
established places for assemblies.
(4) 'Temporary structure' includes tents, trailers, chemical
toilet facilities and other structures customarily erected or
sited for temporary use.
SECTION 33. ORS 433.755 is amended to read:
433.755. (1) In reviewing an application for a permit to hold
an outdoor mass gathering, the county governing body may require
such plans, specifications and reports as it may deem necessary
for proper review and it may request and shall receive from all
public officers, departments and agencies of the state and its
political subdivisions such cooperation and assistance as it may
deem necessary. If the county governing body determines upon
examination of the permit application that the outdoor mass
gathering creates a potential for injury to persons or property,
the county governing body may require organizers to obtain an
insurance policy in an amount commensurate with the risk, but not
Enrolled House Bill 2185 (HB 2185-A) Page 26
exceeding $1 million. The policy of casualty insurance shall
provide coverage against liability for death, injury or
disability of any human or for damage to property arising out of
the outdoor mass gathering. The county shall be named as an
additional insured under the policy.
(2) In the event of failure to remove all debris or residue and
repair any damage to personal or real property arising out of the
outdoor mass gathering within 72 hours after its termination and
to remove any temporary structures used at the outdoor mass
gathering within three weeks after its termination, the county
governing body may file suit against the organizer for financial
settlement as is needed to remove debris, residue or temporary
structures and to repair such damage to real or personal property
of persons not attending the outdoor mass gathering. The
organizer shall be wholly responsible for payment of any fines
imposed under ORS 433.990 { - (6) - } { + (7) + }.
SECTION 34. ORS 433.765 is amended to read:
433.765. Ordinances or regulations of a county enacted under a
county charter adopted pursuant to section 10, Article VI, Oregon
Constitution, and not inconsistent with ORS 433.735 to 433.770
and 433.990 { - (6) - } { + (7) + } or any rules adopted
under ORS 433.735 to 433.770 and 433.990 { - (6) - }
{ + (7) + }, are not superseded by ORS 433.735 to 433.770 and
433.990 { - (6) - } { + (7) + } or such rules. Nothing in
ORS 433.735 to 433.770 and 433.990 { - (6) - } { + (7) + } or
any rules adopted under ORS 433.735 to 433.770 and 433.990
{ - (6) - } { + (7) + } precludes the right of a county to
enact ordinances or regulations under a county charter if such
ordinances or regulations are not inconsistent with ORS 433.735
to 433.770 and 433.990 { - (6) - } { + (7) + } or any rules
adopted under ORS 433.735 to 433.770 and 433.990 { - (6) - }
{ + (7) + }.
SECTION 35. ORS 433.767 is amended to read:
433.767. ORS 433.735 to 433.770 and 433.990 { - (6) - }
{ + (7) + } apply to outdoor mass gatherings defined by county
ordinance as well as to those defined by ORS 433.735 (1).
SECTION 36. ORS 433.855 is amended to read:
433.855. (1) The Department of Human Services, in accordance
with the provisions of ORS chapter 183:
(a) Shall adopt rules necessary to implement the provisions of
ORS 433.835 to 433.875 and 433.990 { - (4) - } { + (5) + };
(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) - } { + (5) + } 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) - } { + (5) + }. 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
Enrolled House Bill 2185 (HB 2185-A) Page 27
charge of responsibilities of the proprietor or person in charge
under ORS 433.835 to 433.875 and 433.990 { - (4) - } { +
(5) + }. If repeated complaints are received, the Department of
Human Services may take appropriate action to insure compliance.
(4) When a county has received delegation of the duties and
responsibilities under ORS 446.425 and 448.100, 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) - } { + (5) + } that
are applicable to those licensed facilities and shall have the
same authority as the Department of Human Services for such
enforcement.
SECTION 37. ORS 433.865 is amended to read:
433.865. Upon request, the Department of Human Services may
waive the provisions of ORS 433.835 to 433.875 and 433.990
{ - (4) - } { + (5) + } 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 38. ORS 433.875 is amended to read:
433.875. ORS 433.835 to 433.875 and 433.990 { - (4) - }
{ + (5) + } shall be cited as the Oregon Indoor Clean Air Act.
SECTION 39. ORS 401.657 is amended to read:
401.657. (1) The Department of Human Services may designate all
or part of a health care facility or other location as an
emergency health care center. Upon the Governor declaring a state
of emergency under ORS 401.055, or proclaiming a state of
{ - impending public health crisis - } { + public health
emergency + } after determining that a threat to the public
health is imminent and likely to be widespread, life-threatening
and of a scope that requires immediate medical action to protect
the public health, emergency health care centers may be used for:
(a) Evaluation and referral of individuals affected by the
emergency { - or crisis - } ;
(b) Provision of health care services; and
(c) Preparation of patients for transportation.
(2) The department may enter into cooperative agreements with
local public health authorities that allow local public health
authorities to designate emergency health care centers under this
section.
(3) An emergency health care center designated under this
section must have an emergency operations plan and a
credentialing plan that governs the use of emergency health care
providers registered under ORS 401.654 and other health care
providers who volunteer to perform health care services at the
center under ORS 401.651 to 401.670. The emergency operations
plan and credentialing plan must comply with rules governing
those plans adopted by the department.
SECTION 40. ORS 401.661 is amended to read:
401.661. Upon the Governor declaring a state of emergency under
ORS 401.055, or proclaiming a state of { - impending public
health crisis - } { + public health emergency + } after
determining that a threat to the public health is imminent and
likely to be widespread, life-threatening and of a scope that
requires immediate medical action to protect the public health:
(1) The Department of Human Services may direct emergency
health care providers registered under ORS 401.654 who are
willing to provide health care services on a voluntary basis to
Enrolled House Bill 2185 (HB 2185-A) Page 28
proceed to any place in this state where health care services are
required by reason of the emergency or crisis; and
(2) Any emergency health care provider registered under ORS
401.654 or other health care provider may volunteer to perform
health care services described in ORS 401.657 at any emergency
health care center or health care facility in the manner provided
by ORS 401.664.
SECTION 41. 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 under { - ORS chapter 431 and - } ORS { +
431.035 to 431.530, + } { - 433.010 - } { + 433.001 + } to
433.045 and 433.106 to
{ - 433.990 - } { + 433.770 + }.
(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
Enrolled House Bill 2185 (HB 2185-A) Page 29
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 42. { + ORS 431.140, 433.019, 433.022, 433.106,
433.130 and 433.135 are repealed. + }
----------
Passed by House May 16, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 25, 2007
...........................................................
President of Senate
Enrolled House Bill 2185 (HB 2185-A) Page 30
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2185 (HB 2185-A) Page 31