Chapter 353 — Oregon
Health and Science University
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
New sections of law were adopted by the
Legislative Assembly during its 2012 regular session and are likely to be
compiled in this ORS chapter. See
sections in the following 2012 Oregon Laws chapters: 2012
Session Laws 0104; 2012
Session Laws 0106
2011 EDITION
OREGON HEALTH AND SCIENCE UNIV ERSITY
EDUCATION AND CULTURE
GENERAL PROVISIONS
353.010 Definitions
353.020 Oregon
Health and Science University as public corporation; establishment; status
353.030 Public
policy of university; missions; purposes
353.035 Certain
laws to be liberally construed; severability
BOARD OF DIRECTORS
353.040 Board
of directors; appointment; membership; meetings; removal of members
353.050 Powers
and duties of board and university officials
353.060 President
of university
AUTHORITY AND DUTIES
(Generally)
353.070 Products
of individuals with disabilities; rules; publication of product sources
353.080 Report
on activities and operations
353.100 Applicability
of laws to university
353.108 Real
property and facilities utilized by university; legal title; lease; management
353.110 Authority
to acquire private property; condemnation
353.117 Creation
of tax-exempt entity by university
353.120 Adoption
of alcohol and drug abuse policy
353.130 Public
contracts
353.140 Funding
request; budget
353.160 Audits
(Students)
353.180 Student
education records
353.190 Effect
of student religious beliefs on admission and attendance
353.200 Rights
of students in military ordered to active duty; rules
353.202 Credit
for room, board, tuition and fees for students ordered to active duty; rules
353.205 Credit
for education and training received while serving in Armed Forces; rules
(Physical Access Committee)
353.210 Purpose;
members; duties
PERSONNEL
353.250 Alternative
retirement programs
353.260 Personnel
records; access; control; creation
353.270 Compensation
of officers and employees; conflicts of interest
353.280 Faculty;
status; powers
353.290 Reductions
in faculty; affirmative action plans and goals
353.300 Political
or sectarian test prohibited in appointment of faculty or employees
FINANCE
(Generally)
353.330 Effect
of law on bonds, certificates of participation or agreements for borrowing
money; responsibility for payment; rights of holders of obligations
(Bonds)
353.340 Issuance
and sale of revenue bonds by university
353.350 Revenue
bonds considered bonds of political subdivision
353.360 Refunding
bonds
353.370 Notice
to Legislative Assembly required if shortfall in moneys exists for payment of
amounts under bonds, certificates of participation or agreements for borrowing
money
(Financial Agreements)
353.380 Definitions
for ORS 353.380 to 353.420
353.390 Authority;
limitations
353.400 Delegation
of board authority
353.410 University
powers regarding financing agreements and credit enhancement agreements
353.420 Effect
of financing agreement on tax status
PROGRAMS
353.440 Coordination
of programs
353.445 Venture
grant program
353.450 Area
Health Education Center program; continuing education programs for physicians
in rural areas; emergency medical technician training in rural areas
353.455 Family
medicine residency network
353.460 Center
for Research on Occupational and Environmental Toxicology
353.470 Funding
of center
353.480 Pediatric
dental residency program
OREGON OPPORTUNITY PROGRAM
353.550 Definitions
for ORS 353.550 to 353.559 and sections 10, 12, 14, 16 and 18, chapter 921,
Oregon Laws 2001
353.553 Short
title
353.556 Purpose;
policy; findings; intent
353.559 Creation;
university duties; expenditure of proceeds
NURSING EDUCATION PROGRAM GRANTS
353.600 Definitions
for ORS 353.600 to 353.612
353.603 Grant
distribution; administrative expenses; contributions
353.606 Oregon
Nursing Shortage Coalition Committee
353.609 Duties
of committee; grant criteria; use of grant funds
353.612 Nursing
Education Grant Fund
GENERAL PROVISIONS
353.010 Definitions.
As used in this chapter:
(1)
“Board” means the Oregon Health and Science University Board of Directors
established under ORS 353.040.
(2)
“Public corporation” means an entity that is created by the state to carry out
public missions and services. In order to carry out these public missions and
services, a public corporation participates in activities or provides services
that are also provided by private enterprise. A public corporation is granted
increased operating flexibility in order to best ensure its success, while
retaining principles of public accountability and fundamental public policy.
The board of directors of a public corporation is appointed by the Governor and
confirmed by the Senate but is otherwise delegated the authority to set policy
and manage the operations of the public corporation.
(3)
“University” or “Oregon Health and Science University” means the Oregon Health
and Science University public corporation created under ORS 353.020. [1995
c.162 §1; 1999 c.291 §1]
353.020 Oregon Health and Science
University as public corporation; establishment; status.
Oregon Health and Science University is established as a public corporation and
shall exercise and carry out all powers, rights and privileges that are
expressly conferred upon it, are implied by law or are incident to such powers.
The university shall be a governmental entity performing governmental functions
and exercising governmental powers. The university shall be an independent
public corporation with statewide purposes and missions and without territorial
boundaries. The university shall be a governmental entity but shall not be
considered a unit of local or municipal government or a state agency for purposes
of state statutes or constitutional provisions. [1995 c.162 §2; 1999 c.291 §2;
2001 c.123 §1]
353.030 Public policy of university;
missions; purposes. (1) It shall be the public
policy of the Oregon Health and Science University in carrying out its missions
as a public corporation:
(a)
To serve the people of the State of Oregon by providing education in health,
science, engineering and their management for students of the state and region.
(b)
To provide:
(A)
An environment that stimulates the spirit of inquiry, initiative and
cooperation between and among students, faculty and staff;
(B)
Research in health care, engineering, biomedical sciences and general sciences;
and
(C)
The delivery of health care to contribute to the development and dissemination
of new knowledge.
(2)
The university will strive for excellence in education, research, clinical
practice, scholarship and community service while maintaining compassion,
personal and institutional integrity and leadership in carrying out its missions.
(3)
The university is designated to carry out the following public purposes and
missions on behalf of the State of Oregon:
(a)
Provide high quality educational programs appropriate for a health and science
university;
(b)
Conduct research in health care, engineering, biomedical sciences and general
sciences;
(c)
Engage in the provision of inpatient and outpatient clinical care and health
care delivery systems throughout the state;
(d)
Provide outreach programs in education, research and health care;
(e)
Serve as a local, regional and statewide resource for health care providers;
and
(f)
Continue a commitment to provide health care to the underserved patient
population of Oregon.
(4)
The university shall carry out the public purposes and missions of this section
in the manner that, in the determination of the Oregon Health and Science
University Board of Directors, best promotes the public welfare of the people
of the State of Oregon. [1995 c.162 §3; 2001 c.123 §3]
353.035 Certain laws to be liberally
construed; severability. Chapter 162, Oregon Laws 1995,
shall be liberally construed to effect the purposes and intent thereof. If any
provision of chapter 162, Oregon Laws 1995, or the application of that
provision to any particular circumstance or person, shall be held invalid, the
remainder of chapter 162, Oregon Laws 1995, and the application of that
provision to circumstances or persons other than those to which it is held
invalid shall not be affected thereby. [1995 c.162 §90]
Note:
Legislative Counsel has substituted “chapter 162, Oregon Laws 1995,” for the
words “this Act” in section 90, chapter 162, Oregon Laws 1995, compiled as
353.035. Specific ORS references have not been substituted pursuant to 173.160.
These sections may be determined by referring to the 1995 Comparative Section
Table located in Volume 20 of ORS.
BOARD OF DIRECTORS
353.040 Board of directors; appointment;
membership; meetings; removal of members. (1)
There is established an Oregon Health and Science University Board of Directors
consisting of 10 members. The directors, except for the president of the
university, shall be appointed by the Governor and shall be confirmed by the
Senate in the manner prescribed in ORS 171.562 and 171.565.
(2)
Except for the president of the university, the term of office of each
nonstudent member is four years. The term of office of the student member is
two years. Before the expiration of the term of a member, the Governor shall
appoint a successor whose term begins on October 1 next following. A member is
eligible for reappointment for one additional term. If there is a vacancy for
any cause, the Governor shall make an appointment to become effective
immediately for the unexpired term. The board shall nominate a slate of
candidates whenever a vacancy occurs or is announced and shall forward the
recommended candidates to the Governor for consideration. To assist the
Governor in appointing the student member, the duly organized and recognized
entity of student government shall submit a list of nominees to the Governor
for consideration.
(3)
The membership of the board shall be as follows:
(a)
One representative who is a nonstudent member of the State Board of Higher
Education.
(b)
Seven representatives who, in the discretion of the Governor, have experience
in areas related to the university missions or that are important to the
success of Oregon Health and Science University, including but not limited to
higher education, health care, scientific research, engineering and technology
and economic and business development.
(c)
One representative who is a student enrolled at the university.
(d)
The president of the university, who shall be an ex officio voting member.
(4)
Directors must be citizens of the United States. Except for the president of
the university, no voting member may be an employee of the university.
(5)
The board shall select one of its members as chairperson and another as vice
chairperson for such terms and with such duties and powers as the board
considers necessary for performance of the functions of those offices. The
board shall adopt bylaws concerning how a quorum shall be constituted and when
a quorum shall be necessary.
(6)
The board shall meet at least once every three months at Oregon Health and
Science University. The board shall meet at such other times and places
specified by the chairperson or by a majority of the members of the board.
(7)
The Governor may remove any member of the board at any time for cause, after
notice and public hearing, but not more than three members shall be removed
within a period of four years, unless it is for corrupt conduct in office. [1995
c.162 §4; 1999 c.291 §3; 2001 c.123 §4]
353.050 Powers and duties of board and
university officials. Except as otherwise provided in
this chapter, the Oregon Health and Science University Board of Directors, or
university officials acting under the authority of the board, shall exercise
all the powers of the Oregon Health and Science University and shall govern the
university. In carrying out its powers, rights and privileges, the university
shall be a governmental entity performing governmental functions and exercising
governmental powers. The university or the board may either within or outside
the state:
(1)
Determine or approve policies for the organization, administration and
development of the university.
(2)
Appoint and employ any instructional, administrative, professional, trade,
occupational and other personnel as are necessary or appropriate to carry out
the missions of the university, and prescribe their compensation and terms of
office or employment.
(3)
Make any and all contracts and agreements, enter into any partnership, joint
venture or other business arrangement, create and participate fully in the
operation of any business structure, including but not limited to the
development of business structures for health care delivery systems and
networks with any public or private government, nonprofit or for-profit person
or entity that in the judgment of the university or the board is necessary or
appropriate to carry out the university’s missions and goals.
(4)
Acquire, purchase, receive, hold, control, convey, sell, manage, operate,
lease, license, lend, invest, improve, develop, use, dispose of and hold title
to real and personal property of any nature, including intellectual property,
in its own name.
(5)
Sue in its own name and be sued, plead and be impleaded in all actions, suits
or proceedings in any forum brought by or against it by any and all private or
state, local, federal or other public entities, agencies or persons.
(6)
Encourage gifts and donations for the benefit of the university, and subject to
the terms of the gift, retain, invest and use such gifts as deemed appropriate
by the university or the board.
(7)
Acquire, receive, hold, keep, pledge, control, convey, manage, use, lend,
expend and invest all funds, appropriations, gifts, bequests, stock and revenue
from any source to the university.
(8)
Borrow money for the needs of the university, in such amounts and for such time
and upon such terms as may be determined by the university or the board.
(9)
Erect, construct, improve, develop, repair, maintain, equip, furnish, lease,
lend, convey, sell, manage, operate, use, dispose of and hold title to
buildings, structures and lands for the university.
(10)
Purchase any and all insurance, operate a self-insurance program or otherwise
arrange for the equivalent of insurance coverage of any nature and the
indemnity and defense of its officers, agents and employees or other persons
designated by the university to carry out or further the missions of the
university.
(11)
Create, develop, supervise, control and adopt academic programs, including
standards, qualifications, policies or practices relating to admissions,
curriculum, academic advancement, grading policy, student conduct, credits and
scholarships and the granting of academic degrees, certificates and other forms
of recognition.
(12)
Authorize, create, eliminate, establish, operate, reorganize, reduce or expand
any program, school, institute, health care facility or other unit of
operation.
(13)
Establish, charge, collect and use charges for enrollment into the university,
including charges such as tuition for education and general services,
incidental fees and such other charges found by the university to be necessary
to carry out its educational programs. Fees realized in excess of amounts
allocated and exceeding required reserves shall be considered surplus
incidental fees and shall be allocated for programs under the control of the
board and found to be advantageous to the cultural or physical development of
students of the university upon the recommendation of the recognized student
government of the university.
(14)
Establish, charge, collect and use charges and fees for university services and
the use of university facilities.
(15)
Impose charges, fines, fees and such other regulations considered convenient or
necessary to control and regulate traffic and parking of vehicles to the same
extent allowed the State Board of Higher Education. This authority includes the
authority to enforce the regulations of the university in a court to the extent
allowed the State Board of Higher Education in enforcing the state board’s
regulations as provided in ORS 352.360 (7).
(16)
Commission special campus security officers to be known as university police.
University police commissioned under this subsection have all the powers and
authority given by statute to peace officers and police officers of this state.
University police shall complete training necessary for certification as police
officers at an academy operated or authorized by the Department of Public
Safety Standards and Training at the expense of the Oregon Health and Science
University Board of Directors. University police are not authorized to carry
firearms as police officers and are not police officers for purposes of ORS
238.005, 243.005 or 243.736. The university is a criminal justice agency for
purposes of ORS 181.715 and 181.720 and a law enforcement unit within the
meaning of ORS 181.610 (12).
(17)
Enforce and recover for payment to the university any fines that are authorized
by this chapter.
(18)
Adopt, amend or repeal bylaws, administrative rules, regulations and orders
applicable to the matters that are the subject of this chapter.
(19)
Contract with any state agency for the performance of such duties, functions
and powers as is appropriate. A state agency shall not charge the university
for such services an amount that is greater than the actual cost of the
services.
(20)
Purchase, receive, subscribe for or otherwise acquire, own, hold, vote, use,
sell, mortgage, lend, pledge, invest in or otherwise dispose of and deal in or
with the shares, stock or other equity or interests in or obligations of any other
entity. Separate funds may be established for such investments. The State of
Oregon shall have no proprietary or other interest in such investments or such
funds.
(21)
Make available, by lease or otherwise, or control access to any health care
facilities or services or other of its properties and assets to such persons,
firms, partnerships, associations or corporations and on such terms as
considered appropriate, charge and collect rent or other fees or charges
therefor and terminate or deny any such access or any such lease or other
agreement for such reasons as considered appropriate and as may be consistent
with its obligations under any such lease or other agreement.
(22)
Contract for the operation of any department, section, equipment or holdings of
the university and enter into any agreements with any person, firm or
corporation for the management by said person, firm or corporation on behalf of
the university of any of its properties or for the more efficient or economical
performance of clerical, accounting, administrative and other functions
relating to its health care facilities.
(23)
Select and appoint faculty as medical and dental staff members and others
licensed to practice the healing arts, delineate and define the privileges
granted each such individual, adopt and direct a plan for faculty clinical
income and set the terms and conditions of that plan (including such
modifications to any such existing plan as considered necessary or appropriate
upon expiration of the term of such plan), and determine the extent to which
and the terms upon which each such individual may provide teaching, research,
consulting or other services at the university or any other health care
facility.
(24)
Enter into affiliation, cooperation, territorial, management or other similar
agreements with other public or private universities or health care providers
for the sharing, division, allocation or furnishing of services on an exclusive
or a nonexclusive basis, referral of patients, management of facilities, formation
of health care delivery systems and other similar activities.
(25)
Perform any other acts that in the judgment of the board or university are
requisite, necessary or appropriate in accomplishing the purposes described in
or carrying out the powers granted by this chapter.
(26)
Exercise these powers, notwithstanding that as a consequence of the exercise of
such powers, the university engages in activities that might otherwise be
deemed anticompetitive within the contemplation of state or federal antitrust
laws. [1995 c.162 §8; 1997 c.853 §38; 1999 c.291 §4; 2009 c.895 §1]
353.060 President of university.
The Oregon Health and Science University Board of Directors shall appoint a
president of the university. The president is the president of the faculty and
is the executive and governing officer of the university. Subject to the
supervision of the board, the president has authority to direct the affairs of
the university. [1995 c.162 §11]
AUTHORITY AND DUTIES
(Generally)
353.070 Products of individuals with
disabilities; rules; publication of product sources.
(1) As used in this section:
(a)
“Direct labor” includes all work required for preparation, processing and
packing, but not supervision, administration, inspection or shipping.
(b)
“Individual with a disability” means an individual who, because of the nature
of the individual’s disability, is not able to participate fully in competitive
employment, and for whom specialized employment opportunities must be provided.
(c)
“Qualified nonprofit agency for individuals with disabilities” means a
nonprofit activity center or rehabilitation facility:
(A)
Organized under the laws of the United States or of this state and operated in
the interest of individuals with disabilities, and the net income of which does
not inure in whole or in part to the benefit of any shareholder or other
individual;
(B)
That complies with any applicable occupational health and safety standards
required by the laws of the United States or of this state; and
(C)
That in the manufacture of products and in the provision of services during the
fiscal year employs individuals with disabilities for not less than 75 percent
of the work hours of direct labor required for the manufacture or provision of
the products or services.
(2)
The Oregon Health and Science University Board of Directors shall further the
policy of this state to encourage and assist individuals with disabilities to
achieve maximum personal independence through useful and productive gainful
employment by ensuring an expanded and constant market for sheltered workshop
and activity center products and services, thereby enhancing the dignity and
capacity of individuals with disabilities for self-support and minimizing their
dependence on welfare and need for costly institutionalization.
(3)
It shall be the duty of Oregon Health and Science University to:
(a)
Determine the price of all products manufactured and services offered for sale
to the university by any qualified nonprofit agency for individuals with
disabilities. The price shall recover for the workshops the cost of raw
materials, labor, overhead, delivery costs and a margin held in reserve for
inventory and equipment replacement;
(b)
Revise such prices from time to time in accordance with changing cost factors;
(c)
Make such rules regarding specifications, time of delivery and other relevant
matters of procedure as shall be necessary; and
(d)
Utilize prices and specifications, in its discretion, established by the Oregon
Department of Administrative Services.
(4)
The university shall establish and publish a list of sources or potential
sources of products produced by any qualified nonprofit agency for individuals
with disabilities and the services provided by any such agency that the
university determines are suitable for its procurement. The university, in its
discretion, may utilize any list established and published by the Oregon
Department of Administrative Services.
(5)
If the university intends to procure any product or service on the procurement
list, the university shall procure such product or service at the price
established by the university from a qualified nonprofit agency for individuals
with disabilities, provided the product or service is of the appropriate
specifications and is available at the location and within the period required
by the university.
(6)
It is the intent of the Legislative Assembly that there be close cooperation
between the board, the university and qualified nonprofit agencies for
individuals with disabilities. The university, on behalf of the board, is
authorized to enter into such contractual agreements, cooperative working
relationships or other arrangements as may be necessary for effective
coordination and efficient realization of the objectives of this section. [1995
c.162 §16a; 1999 c.291 §5; 2007 c.70 §148]
353.080 Report on activities and
operations. Oregon Health and Science University
shall file with the Legislative Assembly, the Higher Education Coordinating
Commission and the Governor, not later than April 15 of each year, a report of
the university’s activities and operations for the preceding year. [1995 c.162 §7;
1999 c.291 §6; 2011 c.637 §256a]
Note: The
amendments to 353.080 by section 256a, chapter 637, Oregon Laws 2011, become
operative July 1, 2012. See section 292, chapter 637, Oregon Laws 2011. The
text that is operative until July 1, 2012, is set forth for the user’s
convenience.
353.080. Oregon
Health and Science University shall file with the Legislative Assembly and the
Governor, not later than April 15 of each year, a report of the university’s
activities and operations for the preceding year.
353.100 Applicability of laws to
university. (1) The provisions of ORS chapters 35,
190, 192, 244 and 295 and ORS 30.260 to 30.460, 200.005 to 200.025, 200.045 to
200.090, 236.605 to 236.640, 243.650 to 243.782, 297.040, 307.090 and 307.112
apply to Oregon Health and Science University under the same terms as they
apply to public bodies other than the state.
(2)
Except as otherwise provided by law, the provisions of ORS chapters 182, 183,
240, 270, 273, 276, 279A, 279B, 279C, 283, 291, 292, 293, 294 and 297 and ORS
35.550 to 35.575, 180.060, 180.210 to 180.235, 183.710 to 183.725, 183.745,
183.750, 184.305 to 184.345, 190.430, 190.480, 190.490, 192.105, 200.035,
243.105 to 243.585, 243.696, 278.011 to 278.120, 278.315 to 278.415, 279.835 to
279.855, 282.010 to 282.150, 357.805 to 357.895 and 656.017 (2) do not apply to
the university or any not-for-profit organization or other entity if the equity
of the entity is owned exclusively by the university and if the organization or
entity is created by the university to advance any of the university’s
statutory missions.
(3)
The university, as a distinct governmental entity, or any organization or
entity described in subsection (2) of this section is not subject to any
provision of law enacted after January 1, 1995, with respect to any
governmental entity, unless the provision specifically provides that it applies
to the university or to the organization or entity. [1995 c.162 §9; 1999 c.291 §7;
2001 c.921 §27; 2003 c.534 §13; 2003 c.794 §263; 2007 c.100 §33]
353.108 Real property and facilities
utilized by university; legal title; lease; management.
(1) Legal title to real property and facilities acquired by the State of Oregon
prior to July 1, 1995, and utilized by Oregon Health and Science University
shall remain with the State of Oregon. However, the university shall have the
exclusive care, custody and control of such real property and facilities pursuant
to an exclusive leasehold interest in the real property and facilities for a
term of 99 years. The term of the leasehold shall begin on July 1, 1995, and
shall renew automatically and perpetually for consecutive 99-year terms.
(2)
Notwithstanding any other provisions of Oregon law concerning the authority of
state agencies to lease real property and facilities, the Oregon Department of
Administrative Services acting on behalf of the State of Oregon shall execute a
ground lease for all real property and facilities utilized by the university
consistent with the provisions of this section.
(3)
The ground lease shall not be subject to any termination unless:
(a)
The State of Oregon causes all outstanding obligations of the university to be
defeased under the terms of any applicable master indenture or financing
agreement; and
(b)
There are no other conditions placed on the university.
(4)
Upon execution of the ground lease, the university shall pay the State of
Oregon the sum of $99 in consideration for the ground lease.
(5)
The ground lease executed under this section shall supersede the lease entered
into between the State of Oregon and the university in December 1995, with
respect to the real property and facilities, including but not limited to
provisions in the lease relating to or setting forth:
(a)
Purported limitations on the authority of the State Board of Higher Education
to bind the State of Oregon;
(b)
The term of the lease and the absence of any renewal provisions; and
(c)
Any circumstances under which the lease may be terminated.
(6)
The university shall manage and maintain all real property and facilities
utilized by the university. Real property and facilities of the State of Oregon
leased to the university pursuant to this section shall not be sold by the
university but may be encumbered by the university. Such real property and
facilities shall only be encumbered by the State of Oregon in accordance with
state law and in a manner that would not impair the financial condition of the
university or the rights of the holders of any obligations of the university
issued or incurred under any master indenture or other financing agreement. [1995
c.162 §34; 1999 c.291 §18]
353.110 Authority to acquire private
property; condemnation. The Oregon Health and Science
University may acquire, by condemnation or otherwise, private property that is
necessary or convenient in carrying out any power granted to the university.
The right to acquire property by condemnation shall be exercised as provided by
ORS chapter 35. [1995 c.162 §22; 2003 c.534 §14]
353.117 Creation of tax-exempt entity by
university. (1) Pursuant to ORS 353.050, Oregon
Health and Science University may create and maintain an entity that is exempt
from federal income tax under section 501(c)(3) of the Internal Revenue Code,
as amended, for the purpose of conducting clinical care and practice and
advancing other university missions by the faculty.
(2)
Any entity created by the university under subsection (1) of this section shall
be considered:
(a)
A public employer for purposes of ORS 236.605 to 236.640 and ORS chapters 238
and 238A;
(b)
A unit of local government for purposes of ORS 190.003 to 190.130;
(c)
A public body for purposes of ORS 30.260 to 30.300 and 307.112;
(d)
A public agency for purposes of ORS 200.090; and
(e)
A public corporation for purposes of ORS 307.090. [2001 c.921 §26; 2003 c.86 §9;
2003 c.733 §75]
353.120 Adoption of alcohol and drug abuse
policy. The Oregon Health and Science
University, in consultation with the Alcohol and Drug Policy Commission, shall
adopt a comprehensive alcohol and drug abuse policy and implementation plan. [1995
c.162 §27; 2011 c.673 §10]
353.130 Public contracts.
The Oregon Health and Science University subscribes to the policy set forth
under ORS 279A.015 regarding public contracting, and shall develop contract
policies that support openness, impartiality and competition in the awarding of
contracts in accordance with that provision. The university subscribes to the
intent of the social policies of ORS 279.835 to 279.855 and ORS chapters 279A,
279B and 279C and shall develop contract policies that are appropriate to the
university and are designed to encourage affirmative action, recycling,
inclusion of art in public buildings, the purchase of services and goods from
individuals with disabilities, the protection of workers through the payment of
prevailing wages as determined by the Bureau of Labor and Industries, the
provision of workers’ compensation insurance to workers on contracts and the
participation of emerging small businesses and businesses owned by women and
minorities. [1995 c.162 §16; 2003 c.794 §264; 2007 c.70 §149]
353.140 Funding request; budget.
(1) By September 1 of each even-numbered year the Oregon Health and Science
University shall submit to the Oregon Department of Administrative Services a
funding request for each biennium. The Oregon Department of Administrative
Services shall include and submit a university funding request to the
Legislative Assembly as part of the Governor’s biennial budget. Any such
request approved by the Legislative Assembly shall be appropriated to the
Oregon Department of Administrative Services for direct allocation to the
university. The budget request to the Legislative Assembly shall include a
presentation on tuition and student fee levels.
(2)
The university budget shall be prepared in accordance with generally accepted
accounting principles and adopted by the Oregon Health and Science University
Board of Directors in accordance with ORS 192.610 to 192.710. [1995 c.162 §13]
353.160 Audits.
Nothing in this chapter affects the constitutional duties and authority of the
Secretary of State to audit public accounts. However, the Oregon Health and
Science University shall conduct independent audits if the audits are
considered advisable by the university. Subject to ORS 297.250, the audits are
subject to the exclusive discretion and control of the university. The audits
are subject to disclosure pursuant to ORS 192.410 to 192.505. [1995 c.162 §14;
2009 c.578 §3]
(Students)
353.180 Student education records.
Oregon Health and Science University may adopt policies relating to the
creation, use, custody and disclosure, including access, of student education
records of the university that are consistent with the requirements of
applicable state and federal law. Whenever a student has attained 18 years of
age or is attending the university, the permission or consent required of and
the rights accorded to a parent of the student regarding education records
shall thereafter only be required of and accorded to the student. [1995 c.162 §26;
1999 c.291 §8]
353.190 Effect of student religious
beliefs on admission and attendance. (1) No
student shall be refused admission to the Oregon Health and Science University
or be expelled for the sole reason that, because of religious beliefs, the
student is unable to attend classes on a particular day.
(2)
Any student in the university who, because of religious beliefs, is unable to
attend classes on a particular day shall be excused on that day from any
examination, study requirement or work requirement. However, at the student’s
own expense the student shall make up the examination, study requirement or
work requirement missed because of the absence. [1995 c.162 §30]
353.200 Rights of students in military
ordered to active duty; rules. (1) A student
at the Oregon Health and Science University who is a member of the military and
who is ordered to federal or state active duty for more than 30 consecutive days
has the following rights:
(a)
With regard to a course in which the student is enrolled and for which the
student has paid tuition and fees, the right to:
(A)
Withdraw from the course, subject to the provisions of subsection (2) of this
section;
(B)
Receive a grade of incomplete and, upon release from active duty, complete the
course in accordance with the practice of the university for completion of
incomplete courses; or
(C)
Continue and complete the course for full credit, subject to the provisions of
subsection (3) of this section;
(b)
The right to a credit described in ORS 353.202 for all amounts paid for room,
board, tuition and fees;
(c)
If the student elects to withdraw from the university, the right to be
readmitted and reenrolled at the university within one year after release from
active duty without a requirement of redetermination of admission eligibility;
and
(d)
The right to continuation of scholarships and grants awarded to the student
that were funded by the university or the Oregon Student Access Commission
before the student was ordered to active duty.
(2)
If the student elects to withdraw from a course under subsection (1)(a)(A) of
this section, the university may not:
(a)
Give the student academic credit for the course from which the student
withdraws;
(b)
Give the student a failing grade or a grade of incomplete or make any other
negative annotation on the student’s record; or
(c)
Alter the student’s grade point average due to the student’s withdrawal from
the course.
(3)
A student who elects to continue and complete a course for full credit under
subsection (1)(a)(C) of this section is subject to the following conditions:
(a)
Course sessions the student misses due to active duty shall be counted as
excused absences and may not adversely impact the student’s grade for the
course or rank in the student’s class.
(b)
The student may not be automatically excused from completing course assignments
due during the period the student serves on active duty.
(c)
A letter grade or a grade of pass may be awarded only if, in the opinion of the
teacher of the course, the student completes sufficient work and demonstrates
sufficient progress toward meeting course requirements to justify the grade.
(4)
The Oregon Health and Science University Board of Directors shall adopt rules
for the administration of this section.
(5)
As used in this section, “member of the military” means a person who is a
member of:
(a)
The Oregon National Guard or the National Guard of any other state or
territory; or
(b)
The reserves of the Army, Navy, Air Force, Marine Corps or Coast Guard of the
United States. [2005 c.170 §8; 2005 c.836 §17; 2011 c.637 §257]
353.202 Credit for room, board, tuition
and fees for students ordered to active duty; rules.
(1)(a) The amount of the credit specified in ORS 353.200 (1)(b) shall be based
on:
(A)
The amount of room and board paid by the student for a term that the student
does not complete because the student is ordered to active duty; and
(B)
The amount of tuition and fees paid by the student for a course from which the
student withdraws.
(b)
The amount of the credit shall be prorated based on the number of weeks
remaining in the term or course when the student withdraws.
(c)
At the time a student withdraws from a course at the Oregon Health and Science
University or from the university, the student must elect to claim the credit:
(A)
As a credit toward tuition and fees or room and board if the student reenrolls
at the university under ORS 353.200 (1)(c); or
(B)
As a monetary payment.
(2)
A student who elects to claim the credit by the method described in subsection
(1)(c)(A) of this section may change the method of claiming the credit to the
method described in subsection (1)(c)(B) of this section by giving notice to the
university.
(3)
A student who elects to claim the credit by the method described in subsection
(1)(c)(A) of this section must use the credit or change the method of claiming
the credit under subsection (2) of this section within one year after release
from active duty.
(4)
A personal representative of a student who elected to claim the credit by the
method described in subsection (1)(c)(A) of this section may claim a monetary
payment upon presenting evidence to the university that the student died while
serving on active duty.
(5)
The Oregon Health and Science University Board of Directors shall adopt rules
for the administration of this section, including rules that determine the
amount of credit and the method by which the credit is prorated. [2005 c.170 §9]
353.205 Credit for education and training
received while serving in Armed Forces; rules.
The Oregon Health and Science University shall give credit for education and
training obtained by a person while serving in the Armed Forces of the United States,
as defined in ORS 351.642. The education and training for which credit may be
given must meet the standards adopted by the Oregon Health and Science
University Board of Directors by rule. [2005 c.518 §5]
(Physical Access Committee)
353.210 Purpose; members; duties.
(1) The Oregon Health and Science University shall convene a physical access
committee to identify barriers to access by persons with disabilities at the
university. The committee shall include, but not be limited to:
(a)
One or more students with disabilities or, if there are no students with
disabilities willing to participate, a person with a disability who uses the
university’s facilities;
(b)
One or more members of the faculty or staff with disabilities;
(c)
The coordinator of services for students with disabilities for the university;
(d)
One or more administrators of the university; and
(e)
One or more members of the physical plant staff of the university.
(2)
The physical access committee shall present its findings and recommendations to
the administration of the university, listing access needs and priorities for
meeting those needs. These findings and recommendations shall identify the
barriers to access that prevent persons with disabilities from meaningfully
utilizing campus facilities related to instruction, academic support, assembly
and residence life.
(3)
In preparing budget requests for each biennium, the university shall include
amounts for capital improvement that will be applied to the substantial
reduction and eventual elimination of barriers to access by persons with
disabilities as identified by the physical access committee.
(4)
Nothing in this section and ORS 185.155 and 341.937 requires the university to
undertake projects for accessibility that are not otherwise required unless
such projects are funded specifically by the Legislative Assembly. [1995 c.162 §29;
2007 c.70 §150]
PERSONNEL
353.250 Alternative retirement programs.
Notwithstanding the provisions of ORS chapters 238 and 238A, the Oregon Health and
Science University may offer to its employees, in addition to the Public
Employees Retirement System, alternative retirement programs. [1995 c.162 §15;
1997 c.249 §111; 2003 c.733 §76]
353.260 Personnel records; access;
control; creation. (1) Oregon Health and Science
University may adopt policies governing access to university personnel records
that are less than 25 years old.
(2)
Policies adopted under subsection (1) of this section shall require that
personnel records be subjected to restrictions on access unless the president
of the university finds that the public interest in maintaining individual
rights to privacy in an adequate educational environment would not suffer by
disclosure of such records. Access to such records may be limited to designated
classes of information or persons, or to stated times and conditions, or to
both, but cannot be limited for records more than 25 years old.
(3)
No rule or order adopted pursuant to this section shall deny to a faculty
member full access to the member’s personnel file or records kept by the
university, except as provided in subsection (4)(d) and (e) of this section.
(4)(a)
The files relating to the evaluation of a faculty member shall be kept in
designated, available locations.
(b)
Any evaluation received by telephone shall be documented in each of the faculty
member’s files by means of a written summary of the conversation with the names
of the conversants identified.
(c)
A faculty member shall be entitled to submit, for placement in the files, evidence
rebutting, correcting, amplifying or explaining any document contained therein
and other material that the member believes might be of assistance in the
evaluation process.
(d)
Letters and other information for a faculty member of the university submitted
in confidence to the State Board of Higher Education or its public universities
or offices, schools or departments prior to July 1, 1975, shall be maintained
in the files designated by paragraph (a) of this subsection. However, if a
faculty member requests access to those files, the anonymity of the contributor
of letters and other information obtained prior to July 1, 1975, shall be
protected. The full text shall be made available, except that portions of the
text that would serve to identify the contributor shall be excised by a faculty
committee. Only the names of the contributors and the excised portions of the
documents may be kept in a file other than the files designated by paragraph
(a) of this subsection.
(e)
Confidential letters and other information submitted to or solicited by the
university after July 1, 1995, and prior to the employment of a prospective
faculty member are exempt from the provisions of this paragraph. However, if
the member is employed by the university, the confidential preemployment
materials shall be placed in the files designated by paragraph (a) of this
subsection. If a faculty member requests access to the member’s files, the
anonymity of the contributor of confidential preemployment letters and other
preemployment information shall be protected. The full text shall be made
available, except that portions of the text that would serve to identify the
contributor shall be excised and retained in a file other than the files
designated by paragraph (a) of this subsection.
(f)
Classroom survey evaluations by students of a faculty member’s classroom or
laboratory performance shall be anonymous. The record of tabulated reports
shall be placed in at least one of the files designated by paragraph (a) of
this subsection. All survey instruments used to obtain evaluation data shall be
returned to the faculty member.
(g)
The university, when evaluating its employed faculty members, shall not solicit
or accept letters, documents or other materials, given orally or in written
form, from individuals or groups who wish their identity kept anonymous or the
information they provide kept confidential.
(5)
No policy or order adopted pursuant to this section limits the authority of the
university to prepare, without identification of individual persons who have
not consented thereto, statistical or demographic reports from personnel
records.
(6)
Any category of personnel records specifically designated as confidential
pursuant to valid policies or orders as provided in this section shall not be
deemed a public record for the purposes of ORS 192.420.
(7)
As used in this section, “personnel records” means records containing
information kept by the university concerning a faculty member and furnished by
the faculty member or by others about the faculty member at the member’s or at
the university’s request, including but not limited to information concerning
discipline, membership activity, employment performance or other personal
records of individual persons. [1995 c.162 §23; 1999 c.291 §9; 2011 c.637 §258]
353.270 Compensation of officers and
employees; conflicts of interest. (1) Oregon
Health and Science University may authorize receipt of compensation for any
officer or employee of the university from private or public resources, including
but not limited to income from:
(a)
Consulting;
(b)
Appearances and speeches;
(c)
Intellectual property conceived, reduced to practice or originated and
therefore owned within the university;
(d)
Providing services or other valuable consideration for a private corporation,
individual or entity, whether paid in cash or in kind, stock or other equity
interest, or anything of value regardless of whether there is a licensing
agreement between the university and the private entity;
(e)
Performing public duties paid by private organizations, including university
corporate affiliates, that augment an officer’s or employee’s publicly funded
salary. Such income shall be authorized and received in accordance with
policies established by the university; and
(f)
Providing medical and other health services.
(2)
The university may not authorize compensation, as described in subsection (1)
of this section, that, in the university’s judgment, does not comport with the
missions of the university or substantially interferes with an officer’s or
employee’s duties to the university.
(3)
Any compensation described and authorized under subsection (1) of this section
is considered official compensation or reimbursement of expenses for purposes
of ORS 244.040 and is not considered an honorarium prohibited by ORS 244.042.
If authorization or receipt of the compensation creates a potential conflict of
interest, the officer or employee shall report the potential conflict in
writing in accordance with policies of the university. The disclosure is a
public record subject to public inspection.
(4)
The university shall adopt standards governing employee outside employment and
activities of employees, including potential conflicts of interest, as defined
by the university and consistent with ORS 244.020, and the public disclosure
thereof, and procedures for reporting and hearing potential or actual conflict
of interest complaints. [1995 c.162 §24; 1999 c.291 §10; 2007 c.877 §27]
353.280 Faculty; status; powers.
The president and professors constitute the faculty of the Oregon Health and
Science University and as such have the immediate government and discipline of
it and the students therein. The faculty may, subject to the supervision of the
Oregon Health and Science University Board of Directors, prescribe the course
of study to be pursued at the university and the textbooks to be used. [1995
c.162 §28]
353.290 Reductions in faculty; affirmative
action plans and goals. The Oregon Health and Science
University shall consider and maintain affirmative action plans and goals when
reductions in faculty and staff are required as a result of:
(1)
Reductions in revenue that necessitate discontinuance of its educational
program at its anticipated level;
(2)
Elimination of classes due to decreased student enrollment; or
(3)
Reduction in courses due to administrative decisions. [1995 c.162 §31]
353.300 Political or sectarian test
prohibited in appointment of faculty or employees.
No political or sectarian test shall ever be allowed or applied in the
appointment of faculty and other employees of the Oregon Health and Science
University. [1995 c.162 §25]
FINANCE
(Generally)
353.330 Effect of law on bonds,
certificates of participation or agreements for borrowing money; responsibility
for payment; rights of holders of obligations.
(1) Nothing in chapter 162, Oregon Laws 1995, shall be construed in any way to
impair the obligations or agreements of the State of Oregon or the State Board
of Higher Education with respect to bonds, certificates of participation,
financing agreements or other agreements for the borrowing of money issued
prior to July 1, 1995, by the State of Oregon on behalf of the State Board of
Higher Education for equipment or projects for Oregon Health and Science University.
The university and the Oregon University System shall take all actions
necessary to ensure full compliance with all indentures, resolutions,
declarations, agreements and other documents issued with respect to the bonds,
certificates of participation, financing agreements or other agreements for the
borrowing of money issued prior to July 1, 1995, by the State of Oregon on
behalf of the State Board of Higher Education for equipment or projects for the
university. The Oregon University System and the university shall establish, in
a written agreement that shall be subject to the approval of the State
Treasurer, the responsibility of the university for the payment to the Oregon
University System of moneys sufficient to pay when due all principal, interest
and any other charges on bonds, certificates of participation, financing
agreements or other agreements for the borrowing of money issued prior to July
1, 1995, by the State of Oregon on behalf of the State Board of Higher
Education for equipment or projects for the university.
(2)
Holders of obligations issued by the university on or after July 1, 1995, may
be paid pari passu with the obligations issued by the State of Oregon on behalf
of the State Board of Higher Education for equipment or projects for the
university prior to July 1, 1995, from the rents, revenues, receipts,
appropriations or other income of the university, but only to the extent that:
(a)
Such holders have no rights, liens or other interests with respect to such
rents, revenues, receipts, appropriations or other income of the university
that are senior or superior to the rights granted to the holders of obligations
issued prior to July 1, 1995, by the State of Oregon on behalf of the State
Board of Higher Education for equipment or projects for the university; and
(b)
The State Board of Higher Education, the Oregon Department of Administrative
Services or the State of Oregon, acting for the benefit of such holders of
obligations, is granted a lien or other security interest in the rents, revenues,
receipts, appropriations or other income of the university that is not junior
to and is at least pari passu with any lien or other security interest granted
to the holders of obligations issued by the university.
(3)
Any expenses, including legal expenses, judgments, liabilities and federal
arbitrage and rebate penalties arising from the actions of the university, if
incurred with respect to bonds, certificates of participation, financing
agreements or other agreements for the borrowing of money issued prior to July
1, 1995, by the State of Oregon on behalf of the State Board of Higher
Education for equipment or projects for the university, shall be paid when due
by the university, subject to the university’s right to reasonably contest such
charges, judgments, liabilities or penalties. The university shall assist the
Controller of the Oregon University System in making any necessary calculations
and filing any necessary reports related to arbitrage and rebate on such
indebtedness.
(4)
Any amounts deposited with the State Treasurer, the Controller of the Oregon
University System, the Oregon Department of Administrative Services or its
designated agents in any debt service in reserve accounts for the debt service
associated with any bonds, certificates of participation, financing agreements
or other agreements for the borrowing of money issued prior to July 1, 1995, by
the State of Oregon on behalf of the State Board of Higher Education for
equipment or projects for the university shall remain with the State Treasurer,
the Controller of the Oregon University System, the Oregon Department of
Administrative Services or its designated agents until such time as the bonds,
certificates of participation, financing agreements or other agreements for the
borrowing of money for which such reserve accounts have been established have
been retired or defeased. The university shall be credited with the investment
earnings on such reserve accounts. [1995 c.162 §58; 1999 c.291 §11]
Note:
Legislative Counsel has substituted “chapter 162, Oregon Laws 1995,” for the
words “this Act” in section 58, chapter 162, Oregon Laws 1995, compiled as
353.330. Specific ORS references have not been substituted pursuant to 173.160.
These sections may be determined by referring to the 1995 Comparative Section
Table located in Volume 20 of ORS.
(Bonds)
353.340 Issuance and sale of revenue bonds
by university. Oregon Health and Science University
may from time to time issue and sell revenue bonds in accordance with ORS
chapter 287A. However, the provisions contained in ORS 287A.150 (2) to (6) do
not apply to revenue bonds issued by the university. Such revenue bonds shall
not in any manner nor to any extent be a general obligation of the university
nor a charge upon any revenues or property of the university not specifically
pledged thereto. An obligation described in this section is not an indebtedness
of the State of Oregon. [1995 c.162 §59; 1999 c.291 §12; 2007 c.783 §156]
353.350 Revenue bonds considered bonds of
political subdivision. Revenue bonds issued by the
Oregon Health and Science University pursuant to ORS chapter 287A shall be
considered to be bonds of a political subdivision of the State of Oregon for
the purposes of all laws of the state. [1995 c.162 §60; 2007 c.783 §157]
353.360 Refunding bonds.
Refunding bonds of the same character and tenor as those replaced thereby may
be issued by the Oregon Health and Science University pursuant to ORS 287A.360
to 287A.380. [1995 c.162 §61; 2007 c.783 §158]
353.370 Notice to Legislative Assembly
required if shortfall in moneys exists for payment of amounts under bonds,
certificates of participation or agreements for borrowing money.
In addition to, and not in limitation of, the means of satisfying state general
obligation bond obligations under ORS 291.445, Oregon Health and Science
University, promptly upon the discovery of any shortfall in moneys available to
the university for the payment when due of amounts under any bonds,
certificates of participation, financing agreements or other agreements for the
borrowing of moneys issued prior to July 1, 1995, by the State of Oregon on
behalf of the State Board of Higher Education for equipment or projects for the
university, shall notify in writing the Legislative Assembly, or if the
Legislative Assembly is not in session, the Emergency Board, of the existence
and amount of the shortfall. The Legislative Assembly or the Emergency Board,
as the case may be, may provide funds to satisfy the payment of any such
amount. By enacting this provision, the Legislative Assembly acknowledges its
current intention to provide, from funds other than those appropriated or
otherwise made available to the Oregon University System, funds to pay such
amount. However, except as may be required by the Oregon Constitution or ORS
291.445, neither the Legislative Assembly nor the Emergency Board shall have
any legal obligation to provide funds under this section. [1995 c.162 §61a;
1999 c.291 §13]
(Financial Agreements)
353.380 Definitions for ORS 353.380 to
353.420. As used in ORS 353.380 to 353.420:
(1)
“Credit enhancement agreement” means any agreement or contractual relationship
between the Oregon Health and Science University and any bank, trust company,
insurance company, surety bonding company, pension fund or other financial
institution providing additional credit on or security for a financing
agreement or certificates of participation authorized by ORS 353.380 to
353.420.
(2)
“Financing agreement” means a lease-purchase agreement, an installment sale
agreement, a loan agreement, note agreement, short-term promissory notes,
commercial papers, lines of credit or similar obligations or any other
agreement to finance real or personal property that is or will be owned and
operated by the university, or to refinance previously executed financing
agreements.
(3)
“Personal property” means tangible personal property, software and fixtures.
(4)
“Property rights” means, with respect to personal property, the rights of a
secured party under ORS chapter 79, and, with respect to real property, the
rights of a trustee or lender under a lease authorized by ORS 353.410 (4).
(5)
“Software” means software and training and maintenance contracts related to the
operation of computing equipment. [1995 c.162 §17; 2001 c.445 §174]
353.390 Authority; limitations.
Oregon Health and Science University may enter into financing agreements in
accordance with ORS 353.380 to 353.420, upon such terms as the university finds
to be advantageous. Amounts payable by the university under a financing
agreement shall be limited to funds specifically pledged, budgeted for or
otherwise made available by the university. If there are insufficient available
funds to pay amounts due under a financing agreement, the lender may exercise
any property rights that the university has granted to it in the financing
agreement against the property that was purchased with the proceeds of the
financing agreement, and may apply the amounts so received toward payments
scheduled to be made by the university under the financing agreement. [1995
c.162 §18; 1999 c.291 §14]
353.400 Delegation of board authority.
The Oregon Health and Science University Board of Directors may delegate to any
board member, officer or employee of the Oregon Health and Science University
the authority to determine maturity dates, principal amounts, redemption
provisions, interest rates or methods for determining variable or adjustable
interest rates, denominations and other terms and conditions of such
obligations that are not appropriately determined at the time of enactment or
adoption of the authorizing resolution. The board may also delegate entering
into financing agreements or any other instruments authorized by law. This
delegated authority shall be exercised subject to applicable requirements of
law and such limitations and criteria as may be set forth in the authorizing
resolution. [1995 c.162 §19]
353.410 University powers regarding
financing agreements and credit enhancement agreements.
Oregon Health and Science University may:
(1)
Enter into agreements with third parties to hold financing agreement proceeds,
payments and reserves as security for lenders, and to issue certificates of
participation in the right to receive payments due from the university under a
financing agreement. Amounts so held shall be invested at the direction of the
Oregon Health and Science University Board of Directors. Interest earned on any
investments held as security for a financing agreement may, at the option of
the board, be credited to the accounts held by the third party and applied in
payment of sums due under a financing agreement.
(2)
Enter into credit enhancement agreements for financing agreements or
certificates of participation, provided that such credit enhancement agreements
shall be payable solely from funds specifically pledged, budgeted for or
otherwise made available by the university and amounts received from the
exercise of property rights granted under such financing agreements.
(3)
Use financing agreements to finance the costs of acquiring or refinancing real
or personal property, plus the costs of reserves, credit enhancements and costs
associated with obtaining the financing.
(4)
Grant leases of real property with a trustee or lender. Such leases may be for
a term that ends on the date on which all amounts due under a financing
agreement have been paid or provision for payment has been made, or up to 20
years after the last scheduled payment under a financing agreement, whichever
is later. Such leases may grant the trustee or lender the right to evict the
university and exclude it from possession of the real property for the term of
the lease if the university fails to pay when due the amounts scheduled to be
paid under a financing agreement, or otherwise defaults under a financing
agreement. Upon default, the trustee or lender may sublease the land to third
parties and apply any rentals toward payments scheduled to be made under a
financing agreement.
(5)
Grant security interests in personal property to trustees or lenders.
(6)
Make pledges for the benefit of trustees and lenders.
(7)
Purchase fire and extended coverage or other casualty insurance for property
that is acquired or refinanced with proceeds of a financing agreement, assign
the proceeds thereof to a lender or trustee to the extent of their interest,
and covenant to maintain such insurance while the financing agreement is
unpaid, so long as available funds are sufficient to purchase such insurance. [1995
c.162 §20; 1999 c.291 §15]
353.420 Effect of financing agreement on
tax status. A lease or financing agreement under
ORS 353.380 to 353.420 shall not cause property to be subject to property
taxation and shall be disregarded in determining whether property is exempt
from taxation under ORS chapter 307. [1995 c.162 §21]
PROGRAMS
353.440 Coordination of programs.
The Legislative Assembly finds that:
(1)
Public universities in the Oregon University System and other educational
sectors have academic programs that are related to or integrated with the
programs of Oregon Health and Science University.
(2)
It is in the best interest of the state that a coordinated approach be taken to
these related and integrated academic programs.
(3)
In order to best ensure the continued harmony of such academic programs, the Oregon
Health and Science University and the Oregon University System shall coordinate
such programs and shall advise each other of the following proposed changes to
such academic programs:
(a)
Creation or significant revision, such as a merger or closure, of degree
programs;
(b)
Creation or significant revision, such as a merger or closure, of schools; and
(c)
Creation or significant revision of major academic policies.
(4)
The Oregon Health and Science University and the Higher Education Coordinating
Commission shall coordinate and advise each other of the following types of
proposed changes to their related or integrated academic programs:
(a)
Coordination of strategic plans for achieving higher education goals;
(b)
Seeking advice and input from each other on modifications to statutory
educational missions;
(c)
Working to develop a statewide educational data system;
(d)
Collaborating as necessary on the creation of any new degree programs; and
(e)
Notifying each other and commenting on tuition rate changes.
(5)
In order to further the coordination described by this section, Oregon Health
and Science University officers shall maintain a role in the appropriate
committees of the State Board of Higher Education, the Higher Education
Coordinating Commission and the Oregon University System. [1995 c.162 §12; 1999
c.291 §16; 2011 c.637 §259]
Note: The
amendments to 353.440 by section 259, chapter 637, Oregon Laws 2011, become
operative July 1, 2012. See section 292, chapter 637, Oregon Laws 2011. The text
that is operative until July 1, 2012, is set forth for the user’s convenience.
353.440. The
Legislative Assembly finds that:
(1)
Institutions in the Oregon University System and other educational sectors have
academic programs that are related to or integrated with the programs of Oregon
Health and Science University.
(2)
It is in the best interest of the state that a coordinated approach be taken to
these related and integrated academic programs.
(3)
In order to best ensure the continued harmony of such academic programs, the
university and the Oregon University System shall coordinate such programs and
shall advise each other of the following proposed changes to such academic
programs:
(a)
Creation or significant revision, such as a merger or closure, of degree
programs;
(b)
Creation or significant revision, such as a merger or closure, of schools; and
(c)
Creation or significant revision of major academic policies.
(4)
In order to further the coordination described by this section, university officers
shall maintain a role in the appropriate committees of the State Board of
Higher Education and the Oregon University System.
353.445 Venture grant program.
The Oregon Health and Science University Board of Directors shall adopt a
policy that prescribes the requirements for a venture grant program and the
requirements that a grant applicant must meet in order to receive grant moneys
from the university venture development fund operated by Oregon Health and
Science University, including requirements:
(1)
That a grant recipient remain within this state for at least five years
following the receipt of a grant or repay the grant plus interest;
(2)
That the university report amounts of tax credit certificates issued by the
university and cease issuing certificates until the total amount owed to the
General Fund by the university at any one time under ORS 351.697 (6) does not
exceed $2.4 million; and
(3)
That the university maintain records of income realized by the university as
the result of grants made from the fund and records of amounts paid to the
General Fund. [2005 c.592 §3; 2007 c.586 §3]
Note:
353.445 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 353 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
353.450 Area Health Education Center
program; continuing education programs for physicians in rural areas; emergency
medical technician training in rural areas. (1) It
is the finding of the Legislative Assembly that there is need to provide
programs that will assist a rural community to recruit and retain physicians,
physician assistants and nurse practitioners. For that purpose:
(a)
The Legislative Assembly supports the development at the Oregon Health and
Science University of an Area Health Education Center program as provided for
under the United States Public Health Service Act, Section 781.
(b)
The university shall provide continuing education opportunities for persons
licensed to practice medicine under ORS chapter 677 who practice in rural areas
of this state in cooperation with the respective professional organizations,
including the Oregon Medical Association and the Oregon Society of Physician
Assistants.
(c)
The university shall seek funding through grants and other means to implement
and operate a fellowship program for physicians, physician assistants and nurse
practitioners intending to practice in rural areas.
(2)
With the moneys transferred to the Area Health Education Center program by ORS
442.625, the program shall:
(a)
Establish educational opportunities for emergency medical services providers in
rural counties;
(b)
Contract with educational facilities qualified to conduct emergency medical
training programs using a curriculum approved by the Emergency Medical Services
and Trauma Systems Program; and
(c)
Review requests for training funds with input from the State Emergency Medical
Service Committee and other individuals with expertise in emergency medical
services. [Formerly 352.095; 1999 c.1056 §8; 2011 c.703 §33]
353.455 Family medicine residency network.
(1) The Area Health Education Center program created in ORS 353.450 is
encouraged to create a family medicine residency network that:
(a)
Facilitates an increase in the number of family medicine residency positions in
this state in order to train more highly qualified family physicians who are
likely to practice in this state.
(b)
Supports and assists hospital systems in this state to work collaboratively with
existing family medicine residency programs to develop new family medicine
residency programs throughout this state.
(c)
Helps family medicine residency programs in this state share resources through
the creation of standardized curriculum, a common faculty development center,
initiation of physician training in quality improvement, medical home
development, chronic disease management, interprofessional team-based care and
population care management, facilitation of primary care research projects
through joint regulatory monitoring and other support and provision of grant
writing resources for outside funding.
(2)
The Area Health Education Center program may accept gifts, grants or
contributions from any public or private source for the purpose of carrying out
this section. [2011 c.289 §1]
Note:
353.455 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 353 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
353.460 Center for Research on
Occupational and Environmental Toxicology. (1)
Subject to the provisions of sections 13 and 16, chapter 770, Oregon Laws 1985,
there is created a Center for Research on Occupational and Environmental
Toxicology. The Oregon Health and Science University shall administer the
center.
(2)
The purposes of the center may include, but are not limited to, reducing the
incidence of disease and reducing the costs and dangers to employers and
employees associated with occupational disease. Specific functions of the
center may include:
(a)
Basic and applied research into the incidence and causes of occupational
diseases.
(b)
Epidemiology and other data collection.
(c)
Design of programs for clinical management of occupational diseases.
(d)
Education and training programs.
(3)
Although the output of the center’s programs is intended to be of statewide use
for employers, employees, health professionals and the public concerning
occupational disease, it is not intended that the center shall assume any of
the responsibilities or functions of the physical rehabilitation facility
operated by the Director of the Department of Consumer and Business Services.
The center may offer programs of diagnosis and treatment of occupational disease,
but it is expected that such services shall be compensable under ORS chapter
656. [Formerly 352.073]
353.470 Funding of center.
It is expected that the Center for Research on Occupational and Environmental
Toxicology will operate, on an ongoing basis, from funds provided by the
Department of Consumer and Business Services, in addition to any gifts, grants
or donations made to carry out the activities of the center. Oregon Health and
Science University is not expected to provide funds for operation of the center
from any other sources of funds for operation of the university. [Formerly
352.083; 1999 c.291 §20]
353.480 Pediatric dental residency
program. Subject to the availability of funding,
the Oregon Health and Science University shall establish the pediatric dental
residency program only to the extent that funds are appropriated to the Oregon
Department of Administrative Services for the Oregon Health and Science
University public corporation to establish the program under section 1, chapter
1083, Oregon Laws 1999. [1999 c.1083 §2]
Note:
353.480 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 353 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
OREGON OPPORTUNITY PROGRAM
353.550 Definitions for ORS 353.550 to
353.559 and sections 10, 12, 14, 16 and 18, chapter 921, Oregon Laws 2001.
As used in ORS 353.550 to 353.559 and sections 10, 12, 14, 16 and 18, chapter
921, Oregon Laws 2001:
(1)
“Bond-related costs” means:
(a)
The costs and expenses of issuing, administering and maintaining bonds issued
under ORS 353.550 to 353.559 and sections 10, 12, 14, 16 and 18, chapter 921,
Oregon Laws 2001, and the bond program under ORS 353.550 to 353.559 and
sections 10, 12, 14, 16 and 18, chapter 921, Oregon Laws 2001, including but
not limited to:
(A)
Paying or redeeming the bonds;
(B)
Paying amounts due in connection with credit enhancement or any reserve
instruments; and
(C)
Paying the administrative costs and expenses of the State Treasurer and the
Oregon Department of Administrative Services, including costs of consultants,
attorneys and advisors retained by the State Treasurer or the Oregon Department
of Administrative Services for the bonds or the bond program;
(b)
The costs of funding any bond reserves;
(c)
Capitalized interest for the bonds;
(d)
Rebates or penalties due to the United States in connection with the bonds; and
(e)
Any other costs or expenses that the State Treasurer or the Oregon Department
of Administrative Services determines are necessary or desirable in connection
with issuing the bonds or maintaining the bond program.
(2)
“Capital costs” means the costs of acquiring, constructing, improving or
equipping capital projects or other capital expenditures necessary or desirable
to create, develop, maintain or directly or indirectly finance the Oregon
Opportunity program.
(3)
“Indirect financing” means financing capital costs of Oregon Health and Science
University unrelated to the Oregon Opportunity program so that an equivalent
amount of moneys may be used to pay capital costs and noncapital costs of the
Oregon Opportunity program.
(4)
“Master Settlement Agreement” means the Master Settlement Agreement, and
related documents, entered into on November 23, 1998, by the State of Oregon
and leading United States tobacco products manufacturers.
(5)
“Noncapital costs” means the costs of programs, scholarships, endowments,
research infrastructure and recruitment of scientists and researchers, or other
noncapital costs or expenses, necessary or desirable to create, develop,
maintain or directly or indirectly finance the Oregon Opportunity program.
(6)
“Oregon Opportunity program” means the program created by Oregon Health and Science
University pursuant to ORS 353.559. [2001 c.921 §3]
353.553 Short title.
ORS 353.550 to 353.559 and sections 10, 12, 14, 16 and 18, chapter 921, Oregon
Laws 2001, shall be known and may be cited as the Oregon Opportunity Act. [2001
c.921 §2]
353.556 Purpose; policy; findings; intent.
(1) The purpose of ORS 353.550 to 353.559 and sections 10, 12, 14, 16 and 18,
chapter 921, Oregon Laws 2001, is to directly or indirectly finance Oregon
Health and Science University’s Oregon Opportunity program.
(2)
It is the policy of the State of Oregon that, in order to capture the health
and economic benefits of the coming biotechnology boom for all Oregonians, the
state enter into a partnership with Oregon Health and Science University to
enhance medical research.
(3)
The Legislative Assembly finds that:
(a)
Oregon should take advantage of research breakthroughs in biomedicine, health
care and technology that are opening an unprecedented new era. Research
advances will someday show scientists how to block or replace genes that cause
disease. The state should seize the opportunity to provide all Oregonians
access to leading edge therapies and procedures.
(b)
Research breakthroughs are expected to fuel tremendous economic growth, and
Oregon must be poised to capitalize on these breakthroughs. Biotechnology is
likely to be the next great economic engine in the United States, and the state
should take positive action to ensure Oregon’s participation in this emerging
and important industry. A public commitment to biomedical and related research
in Oregon is necessary to drive the formation, expansion and proliferation of
biotechnology companies that will commercialize myriad new treatments,
medications, biomedical equipment and other technology.
(c)
The state should support Oregon Health and Science University in its efforts to
continue to grow as a research power and an economic engine. Biomedical and
technology research is necessary to create intellectual property, which serves
as the raw material for biotechnology companies. The state should assist Oregon
Health and Science University in securing the needed infrastructure to attain a
critical mass of research talent in order to maximize the number of
commercially viable discoveries.
(d)
There is a limited window of opportunity to capitalize on the surge in
biotechnology growth, stemming from the completion of the United States Human
Genome Project.
(4)
It is the intent of the Legislative Assembly that:
(a)
Oregon Health and Science University pursue the Oregon Opportunity program in a
manner that is consistent with the public missions stated in ORS 353.030 (2),
which directs the university to strive for excellence in education, research,
clinical practice, scholarship and community service while maintaining compassion,
personal and institutional integrity and leadership in carrying out its
missions;
(b)
The Oregon Opportunity program benefit all Oregonians through increased medical
research and sustainable economic development from biotechnology and related
fields; and
(c)
The State Treasurer shall issue pursuant to a grant agreement, as soon as
practicable, general obligation bonds during the 2001-2003 and 2003-2005
biennia in an aggregate principal amount that produces net proceeds for the
Oregon Opportunity program in an amount equal to $200 million plus the amount
of any costs and expenses of issuing the bonds.
(5)
To maximize the benefits of low interest tax-exempt bonds, costs of the Oregon
Opportunity program may be financed directly or indirectly by the state. [2001
c.921 §4; 2001 c.921 §4a]
353.559 Creation; university duties;
expenditure of proceeds. (1) Oregon Health and Science
University shall create the Oregon Opportunity program to usher in a new era of
breakthroughs in health care and biotechnology for Oregonians. Through the
program, the university shall invest in facilities, endowments, research
infrastructure, recruitment of scientists and researchers, scholarships and
programs including but not limited to:
(a)
Research on cancer, heart disease, multiple sclerosis, Parkinson’s disease and
Alzheimer’s disease;
(b)
Research on autism spectrum disorder;
(c)
Children’s health and women’s health;
(d)
Hearing research;
(e)
Advanced eye research;
(f)
Aging research;
(g)
Rural health initiatives;
(h)
Research on public health, health care ethics, health information science and
health outcomes; and
(i)
Other health care, biotechnology and related research.
(2)
Oregon Health and Science University shall dedicate:
(a)
Not less than five percent of the university’s share of the net proceeds of
royalties and licenses attributable to the Oregon Opportunity program to
meeting the university’s missions of providing access to medical services to
people who are underserved and promoting further study in the areas of public
health, health care ethics, health information science and health outcomes. The
proceeds shall be distributed as follows:
(A)
50 percent to providing access to medical services to people who are
underserved; and
(B)
50 percent to establishing endowments to support research on public health,
health care ethics, health information science and health outcomes.
(b)
Not less than five percent of the university’s share of the net proceeds of
royalties and licenses attributable to the Oregon Opportunity program to the
payment of bond-related costs then due and payable by the state and deposit
those amounts into the Oregon Health and Science University Bond Fund
established in section 14, chapter 921, Oregon Laws 2001. If the dedicated
amount exceeds the amount necessary to pay bond-related costs, the excess shall
be deposited in the General Fund.
(3)
Notwithstanding subsection (2) of this section, any obligation of the
university to dedicate or distribute a share of the net proceeds of royalties
and licenses attributable to the Oregon Opportunity program under subsection
(2) of this section:
(a)
Shall be subordinate to the university’s obligation to pay obligations issued
under the university’s Master Trust Indenture, dated December 1, 1995, as
amended or supplemented; and
(b)
Does not constitute a lien on the gross revenues of the university as “Lien”
and “Gross Revenues” are defined in the Master Trust Indenture. [2001 c.921 §5]
353.563 [2001
c.921 §6; repealed by 2011 c.239 §1]
NURSING EDUCATION PROGRAM GRANTS
353.600 Definitions for ORS 353.600 to
353.612. As used in ORS 353.600 to 353.612:
(1)
“Committee” means the Oregon Nursing Shortage Coalition Committee created in
ORS 353.606.
(2)
“Post-secondary education institution” means:
(a)
A public university listed in ORS 352.002;
(b)
A community college operated under ORS chapter 341;
(c)
A school or division of Oregon Health and Science University; or
(d)
An Oregon-based, generally accredited, not-for-profit private institution of higher
education. [2003 c.697 §2; 2011 c.637 §260]
353.603 Grant distribution; administrative
expenses; contributions. (1) Oregon Health and Science
University shall distribute grants to post-secondary education institutions to
support nursing education programs based on the selections of the Oregon
Nursing Shortage Coalition Committee and in accordance with appropriate
university policies and procedures. If the university is not able to distribute
a grant to a post-secondary education institution selected by the committee,
the university shall report to the committee the reason for not distributing
the grant.
(2)
Grants distributed under this section to a community college or a public
university listed in ORS 352.002 may be based on an intergovernmental agreement
entered into by Oregon Health and Science University and the college or public
university.
(3)
Oregon Health and Science University may not use more than five percent of the
amount received from the Nursing Education Grant Fund established in ORS
353.612 for the grant program in any biennium for administrative expenses
incurred in administering ORS 353.600 to 353.612.
(4)
Oregon Health and Science University may accept contributions of funds and
assistance from the United States Government or its agencies, or from any other
source, public or private, and agree to conditions placed on the funds not
inconsistent with the purposes of ORS 353.600 to 353.612. The university shall
use funds and assistance received under this subsection for grants distributed
under this section or for administering ORS 353.600 to 353.612.
(5)
Oregon Health and Science University shall deposit moneys received by the
university for purposes of ORS 353.600 to 353.612 in the Nursing Education
Grant Fund. The total amount of grants distributed under this section may not
exceed the amount of moneys available for distribution in the fund. [2003 c.697
§3; 2011 c.637 §261]
353.606 Oregon Nursing Shortage Coalition
Committee. (1) There is created the Oregon Nursing
Shortage Coalition Committee.
(2)
The committee consists of 10 members, as follows:
(a)
Two members who represent the Oregon State Board of Nursing appointed by the
board.
(b)
Two members who represent the Northwest Organization of Nurse Executives
appointed by the Oregon State Board of Nursing from a list of persons submitted
to the board by the Northwest Organization of Nurse Executives.
(c)
Two members who represent the Oregon Nurses Association appointed by the Oregon
State Board of Nursing from a list of persons submitted to the board by the
Oregon Nurses Association.
(d)
One member appointed by the Oregon State Board of Nursing who represents
Oregon-based, generally accredited, not-for-profit private institutions of
higher education from a list of persons submitted to the board by the Oregon
Independent Colleges Association.
(e)
Two members appointed by the Commissioner for Community College Services from a
list of persons submitted to the commissioner by the Oregon Community College
Association.
(f)
One member who represents Oregon Health and Science University appointed by the
university.
(3)
When appointing members to the committee, the Oregon State Board of Nursing,
the Commissioner for Community College Services and Oregon Health and Science
University shall ensure that there is at least one member from each of the
following areas of the state:
(a)
Rural western Oregon.
(b)
Coastal Oregon.
(c)
Eastern Oregon.
(d)
Urban areas.
(4)
The term of office of each member is four years, but a member serves at the
pleasure of the appointing authority. Before the expiration of the term of a
member, the appointing authority shall appoint a successor whose term begins on
July 1 next following. A member is eligible for reappointment. If there is a
vacancy for any cause, the appointing authority shall make an appointment to
become immediately effective for the unexpired term.
(5)
The committee shall elect one of its members to serve as chairperson and
another to serve as vice chairperson, for the terms and with the duties and
powers necessary for the performance of the functions of such offices as the
committee determines.
(6)
The committee shall meet at times and places specified by the call of the
chairperson or of a majority of the members of the committee.
(7)
A majority of the members of the committee constitutes a quorum for the
transaction of business.
(8)
Members of the committee are entitled to actual and necessary travel expenses
in the manner and amounts provided for in ORS 292.495. Claims for expenses incurred
in performing functions of the committee shall be paid out of funds received by
Oregon Health and Science University for that purpose.
(9)
Oregon Health and Science University shall provide staff support to the
committee. [2003 c.697 §4]
353.609 Duties of committee; grant criteria;
use of grant funds. (1) The Oregon Nursing Shortage
Coalition Committee shall:
(a)
Adopt criteria for awarding grants to post-secondary education institutions
under this section;
(b)
Based on the criteria, select post-secondary education institutions to receive
grants to support nursing education programs; and
(c)
Determine the amounts of the grants to be distributed under ORS 353.603.
(2)
The goal of the committee in adopting criteria and selecting grant recipients shall
be to increase the capacity of nursing education programs statewide.
(3)
The criteria adopted by the committee shall include, but not be limited to,
consideration for:
(a)
Whether the grant funds will be used to increase the capacity of a nursing education
program;
(b)
Whether the grant funds will be matched with funds from other sources or used
to leverage additional funds from other sources;
(c)
Ensuring that grant funds are awarded for nursing education programs in both
urban areas and rural areas of the state;
(d)
Ensuring that grant funds are used to increase the capacity for all levels of
nursing education; and
(e)
Ensuring that grant funds are used to increase the diversity of people who
enter nursing education programs, including targeting underrepresented groups
of people in the nursing profession.
(4)
The total amount of grants awarded by the committee may not exceed the amount
of moneys available for distribution as grants.
(5)
A post-secondary education institution awarded a grant under this section may
use the grant funds to:
(a)
Develop nursing education program infrastructure;
(b)
Train additional nurse educators;
(c)
Develop regional learning laboratories;
(d)
Provide technical support to nursing education programs;
(e)
Create learning materials that supplement available faculty expertise;
(f)
Coordinate student clinical experiences statewide; and
(g)
Expand the capacity of nursing education programs to train new nurses across
the state. [2003 c.697 §6]
353.612 Nursing Education Grant Fund.
(1) The Nursing Education Grant Fund is established separate and distinct from
the General Fund. All moneys received by the Oregon Department of
Administrative Services or Oregon Health and Science University for purposes of
ORS 353.600 to 353.612 shall be deposited into the State Treasury and credited
to the Nursing Education Grant Fund.
(2)
Interest earned from the Nursing Education Grant Fund shall be credited to the
fund.
(3)
All moneys in the Nursing Education Grant Fund are continuously appropriated to
the department for allocation to the university for the purposes of ORS 353.600
to 353.612. [2003 c.697 §3a]
_______________