TITLE 36
PUBLIC HEALTH
AND SAFETY
Chapter 431. State and Local Administration and
Enforcement of Health Laws
432. Vital Statistics
433. Disease and Condition Control; Mass
Gatherings; Indoor Air
435. Birth Control; Termination of Pregnancy
436. Sterilization
438. Clinical and Environmental Laboratories
440. Health Districts; Port Hospitals
441. Health Care Facilities
442. Health Planning
443. Residential Care; Adult Foster Homes;
Hospice Programs
444. Special Medical Services for Children
445. Indigent Persons Injured in Motor Vehicle
Accidents
446. Manufactured Dwellings and Structures;
Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships
447. Plumbing; Architectural Barriers
448. Pool Facilities; Water and Sewage Systems
450. Sanitary Districts and Authorities; Water
Authorities
451. County Service Facilities
452. Vector Control
453. Hazardous Substances; Radiation Sources
454. Sewage Treatment and Disposal Systems
455. Building Code
456. Housing
457. Urban Renewal
458. Housing and Community Services Programs;
Individual Development Accounts
459. Solid Waste Management
459A. Reuse and Recycling
460. Elevators; Amusement Rides and Devices
461. Oregon State Lottery
462. Racing
463. Boxing, Mixed Martial Arts and
Entertainment Wrestling
464. Games
465. Hazardous Waste and Hazardous Materials I
466. Hazardous Waste and Hazardous Materials II
467. Noise Control
468. Environmental Quality Generally
468A. Air Quality
468B. Water Quality
469. Energy; Conservation Programs; Energy
Facilities
469A. Renewable Portfolio Standards
469B. Energy Tax Credits; Grants
470. Small Scale Local Energy Projects
_______________
Chapter 431 — State
and Local Administration and Enforcement of Health Laws
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amended or repealed by the Legislative Assembly during its 2012 regular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 See the table of ORS sections amended or repealed during the 2012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
Uncodified sections printed in this
chapter were amended or repealed by the Legislative Assembly during its 2012
regular session. See the table of uncodified sections amended or repealed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 0011
2011 EDITION
ADMINISTRATION OF HEALTH LAWS
STATE ADMINISTRATION
431.035 Power
of Director of Oregon Health Authority to delegate functions; Public Health
Director; appointment; duties
431.045 Public
Health Officer; appointment; qualifications; duties
ENFORCEMENT OF HEALTH LAWS AND RULES
431.110 General
powers of Oregon Health Authority
431.120 Duties
of Oregon Health Authority; rules
431.150 Enforcement
of health laws generally
431.155 Restraining
violation of public health laws
431.157 County
authority to restrain violation of public health laws
431.160 Commencement
of prosecutions
431.170 Enforcing
health laws and rules when local officers are delinquent
431.175 Warrant
procedure
431.180 Interference
with individual’s selection of physician or treatment or with religious
practice prohibited
431.195 Oregon
Public Health Advisory Board; members; terms; meetings; compensation; duties
FINANCIAL ADMINISTRATION; SURPLUS
PROPERTY; FEDERAL AID
431.210 Public
Health Account
431.220 Record
of moneys in Public Health Account
431.230 Emergency
or revolving fund
431.250 Federal
grants to be handled by Oregon Health Authority; disbursement; planning
EMERGENCY PLAN AND INCIDENT MANAGEMENT
SYSTEM
431.260 Definitions
431.262 Power
of Oregon Health Authority and local public health administrators to enforce
public health laws; authorized actions; rules; penalties
431.264 Authority
of Public Health Director to take public health actions; authorized actions;
rules
431.266 Rules
BONE MARROW DONOR PROGRAM
431.270 Oregon
Health Authority duties
SPINAL CORD INJURY RESEARCH BOARD
431.290 Spinal
Cord Injury Research Board; members; terms; chairperson; meetings; rules
431.292 Duties
of board; grants
431.294 Spinal
Cord Injury Research Fund
STATE LABORATORY
431.310 Examinations
by state laboratory; rules; fees
CONFERENCE OF LOCAL HEALTH OFFICIALS
431.330 Conference
of Local Health Officials; officers of conference
431.335 Meetings
of conference; notice; expenses of members and officers of conference
431.340 Recommendations
of conference
431.345 Minimum
standards for financial assistance to local boards of health
431.350 Oregon
Health Authority to adopt rules for ORS 431.330 to 431.350
LOCAL PUBLIC HEALTH SERVICES
431.375 Policy
on local public health services; local public health authority; contracts for
provision of maternal and child public health services by tribal governing
council
431.380 Distribution
of funds for local purposes
431.385 Local
annual plan; effect of failure to submit plan; approval; disapproval; variance
LOCAL BOARDS OF HEALTH
431.405 Purpose
of ORS 431.405 to 431.510
431.410 Boards
of health for counties
431.412 County
board of health; formation; composition; advisory board
431.414 District
board of health; formation; composition; advisory board
431.415 Powers
and duties of local health boards; rules; fee schedules
431.416 Local
public health authority or health district; duties
431.418 Local
public health administrator; health officer; duties; salary
431.440 Public
health administrators have police powers
431.480 City
boards abolished; expenditure of funds obtained from school district
431.510 Quarters
and funds for local health boards
431.520 Disposal
of local health records
431.530 Authority
of local health administrator in emergency
431.550 Power
of Oregon Health Authority to collect information from local public health
administrators
EMERGENCY MEDICAL SERVICES AND TRAUMA
SYSTEMS
431.607 Oregon
Health Authority to develop comprehensive emergency medical services and trauma
system
431.609 Designation
of trauma areas; rules; trauma system hospitals
431.611 Oregon
Health Authority to adopt rules; contents
431.613 Area
trauma advisory boards; duties; members
431.617 Liability
of provider
431.619 Continuous
duties of Oregon Health Authority
431.623 Emergency
Medical Services and Trauma Systems Program created in Oregon Health Authority;
Oregon Trauma Registry
431.627 Designation
of other trauma centers
431.633 Reporting
of certain patients; reimbursement for certain services
431.635 Release
of information from Oregon Trauma Registry
431.671 Emergency
Medical Services for Children Program; duties of Oregon Health Authority
AUTOMATED EXTERNAL DEFIBRILLATORS
431.680 Automated
external defibrillators required at health clubs; exception
431.690 Automated
external defibrillators required at places of public assembly; exceptions
HEALTH HAZARD ANNEXATIONS OR DISTRICT
FORMATION
431.705 Definitions
for ORS 431.705 to 431.760
431.710 When
Oregon Health Authority to initiate district formation or annexation
431.715 Resolution
requesting Oregon Health Authority to initiate formation or annexation
431.717 Compelling
adoption of resolution
431.720 Commission
to review certain plans; approval of plans
431.725 Oregon
Health Authority to review resolution; notice of hearing
431.730 Conduct
of hearing
431.735 Director’s
authority under ORS 431.705 to 431.760
431.740 Notice
to boundary commission; service facilities to conform to plans and schedules
431.745 Petition
for alternative plan
431.750 Commission
review of alternative plan; certification of alternative plan
431.756 Judicial
review
431.760 Certain
persons prohibited from participating in proceedings
RECOMBINANT DNA
431.805 Definitions
for ORS 431.805 and 431.810
431.810 Recombinant
DNA research to comply with federal guidelines
SPECIAL PROGRAMS
431.825 Fetal
alcohol syndrome pamphlets
431.827 Female
genital mutilation prevention and education activities
431.830 Acquired
immune deficiency syndrome services and programs
SMOKING CESSATION AND TOBACCO USE
REDUCTION
431.831 Smoking
cessation program reimbursement; rules
431.832 Tobacco
Use Reduction Account established
431.834 Oregon
Health Authority to adopt rules; contents
431.836 Oregon
Health Authority to prepare report
REGULATION OF TOBACCO SALES
431.840 Free
distribution to minors prohibited; restriction on sales; notice
431.845 Civil
penalty for violation of ORS 431.840
431.850 Procedure
applicable to penalty
431.853 Random
inspections of sellers of tobacco products; site; frequency; rules
ALZHEIMER’S DISEASE
431.855 Alzheimer’s
Disease Research Fund
431.860 Control
of fund
MATERNAL MENTAL HEALTH
431.862 Maternal
Mental Health Patient and Provider Education Program; informational materials
431.864 Dissemination
of informational materials
431.866 Funding
TOXIC HOUSEHOLD PRODUCTS
431.870 Definitions
for ORS 431.870 to 431.915
431.875 Legislative
findings
431.880 Aversive
agent required
431.885 Toxic
household products required to comply with aversive agent requirement;
exemptions
431.887 Limitation
on liability; application
431.890 Poison
Prevention Task Force; members; meetings; duties
431.895 Efficacy
and toxicity data available to task force; use; confidentiality of data
431.900 Reports
to legislature
431.905 Enforcement
by civil action; injunction; damages; attorney fees
431.910 Prohibited
conduct
431.915 Civil
penalty for violation of ORS 431.870 to 431.915
LEAD-BASED PAINT ACTIVITIES
431.917 Lead
poisoning
431.918 Definitions
for ORS 431.920 and 431.922
431.920 Power
of Oregon Health Authority to regulate lead-based paint activities; fees
431.922 Performance
of lead-based paint activities without certification prohibited
PRESCRIPTION MONITORING PROGRAM
(Definitions)
431.960 Definitions
for ORS 431.962 to 431.978 and 431.992
(Program)
431.962 Establishment
of program; rules; report to commission
431.964 Duty
of pharmacy to report to program; exceptions
431.966 Disclosure
of information; corrections; records; immunity from liability
431.968 Duty
of pharmacist to fill prescription
431.970 Reports
to health professional regulatory boards
431.972 Fees
431.974 Electronic
Prescription Monitoring Fund
(Commission)
431.976 Prescription
Monitoring Program Advisory Commission; purposes; members
431.978 Term;
meetings; rules; quorum; expenses
PENALTIES
431.990 Penalties
431.992 Civil
penalty for violation of ORS 431.964 to 431.968
431.994 Civil
penalty for violation of ORS 431.920 or 431.922
431.005 [1973 c.358 §1; repealed by 1977 c.751 §39]
431.010 [Amended by 1967 c.461 §1; 1969 c.695 §7; 1971
c.650 §5; repealed by 1973 c.358 §15]
431.015
[1973 c.358 §2; repealed by 1977 c.751 §39]
431.019 [1973 c.358 §2a; repealed by 1977 c.751 §39]
431.020 [Amended by 1967 c.461 §2; 1971 c.650 §6;
repealed by 1973 c.358 §15]
431.023
[1973 c.358 §4; repealed by 1977 c.751 §39]
431.025 [1971 c.650 §11; repealed by 1973 c.358 §15]
431.030 [Repealed by 1971 c.650 §51]
STATE
ADMINISTRATION
431.035 Power of Director of Oregon Health
Authority to delegate functions; Public Health Director; appointment; duties.
(1) The Director of the Oregon Health Authority may delegate to any of the
officers and employees of the Oregon Health Authority 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 authority 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 the Oregon Health Authority 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.
The director 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 the Oregon Health Authority in accordance with ORS 409.130.
(c)
The Public Health Director shall delegate to an employee of the authority the
duties, powers and functions granted to the Public Health Director by ORS
431.264 and 433.443 in the event of the absence from the state or the
unavailability of the director. The delegation must be in writing. [1973 c.829 §2;
2007 c.445 §1; 2009 c.595 §532]
431.040
[Amended by 1969 c.314 §39; 1971 c.650 §7; repealed by 1973 c.358 §15]
431.045 Public Health Officer; appointment;
qualifications; duties. The Director of the Oregon
Health Authority shall appoint a physician licensed by the Oregon Medical Board
and certified by the American Board of Preventive Medicine who shall serve as
the Public Health Officer and be responsible for the medical and paramedical
aspects of the health programs within the Oregon Health Authority. [1971 c.650 §2;
1973 c.358 §5; 1977 c.267 §18; 1987 c.618 §1; 2001 c.900 §143; 2007 c.71 §119;
2009 c.595 §533]
431.050
[Amended by 1967 c.461 §3; repealed by 1971 c.650 §51]
431.053 [1973
c.358 §3; repealed by 1977 c.751 §39]
431.055 [1967
c.363 §2; repealed by 1971 c.650 §51]
431.060
[Repealed by 1971 c.650 §51]
431.065 [1971
c.37 §2; 1977 c.582 §7; repealed by 2001 c.900 §261]
431.070 [1961
c.723 §1; 1969 c.314 §40; repealed by 1971 c.650 §51]
ENFORCEMENT OF HEALTH LAWS AND RULES
431.110 General powers of Oregon Health
Authority. Subject to ORS 417.300 and 417.305, the
Oregon Health Authority shall:
(1)
Have direct supervision of all matters relating to the preservation of life and
health of the people of the state.
(2)
Keep the vital statistics and other health related statistics of the state.
(3)
Make sanitary surveys and investigations and inquiries respecting the causes
and prevention of diseases, especially of epidemics.
(4)
Investigate, conduct hearings and issue findings in connection with annexations
proposed by cities as provided in ORS 222.840 to 222.915.
(5)
Have full power in the control of all communicable diseases.
(6)
Have authority to send a representative of the authority to any part of the
state when deemed necessary.
(7)
From time to time, publish and distribute to the public in such form as the
authority determines, such information as in its judgment may be useful in
carrying on the work or purposes for which the authority was established.
(8)
Carry out the duties imposed on the authority under ORS chapter 690. [Amended
by 1955 c.105 §1; 1967 c.624 §18; 1971 c.650 §9; 1977 c.582 §8; 1987 c.414 §83;
1989 c.834 §18; 1991 c.122 §11; 2001 c.900 §254; 2009 c.595 §534]
431.120 Duties of Oregon Health Authority;
rules. The Oregon Health Authority shall:
(1)
Enforce state health policies and rules.
(2)
Have the custody of all books, papers, documents and other property belonging
to the State Health Commission, which may be deposited in the authority’s
office.
(3)
Give any instructions that may be necessary, and forward them to the various
local public health administrators throughout the state.
(4)
Routinely conduct epidemiological investigations for each case of sudden infant
death syndrome including, but not limited to, the identification of risk
factors such as birth weight, maternal age, prenatal care, history of apnea and
socioeconomic characteristics. The authority may conduct the investigations
through local health departments only upon adoption by rule of a uniform
epidemiological data collection method.
(5)
Adopt rules related to loans and grants awarded under ORS 285B.560 to 285B.599
or 541.700 to 541.855 for the improvement of drinking water systems for the
purpose of maintaining compliance with applicable state and federal drinking
water quality standards. In adopting rules under this subsection, the authority
shall coordinate the authority’s rulemaking process with the Water Resources
Department and the Oregon Business Development Department in order to ensure
that rules adopted under this subsection are consistent with rules adopted
under ORS 285B.563 and 541.845.
(6)
Control health care capital expenditures by administering the state certificate
of need program pursuant to ORS 442.325 to 442.344. [Amended by 1971 c.650 §10;
1977 c.582 §9; 1981 c.385 §1; 1991 c.944 §4; 1993 c.18 §107; 1993 c.754 §8;
2005 c.835 §24; 2009 c.595 §535]
431.130
[Amended by 1959 c.629 §5; 1959 c.684 §2; 1961 c.725 §10; 1963 c.32 §1; 1965
c.362 §3; 1969 c.14 §2; 1969 c.641 §16; 1971 c.195 §1; 1971 c.413 §13; 1971
c.763 §13; 1973 c.408 §33; 1973 c.833 §41; 1973 c.835 §233; repealed by 1977
c.582 §61]
431.140
[Amended by 1959 c.314 §21; 1973 c.833 §42; 1977 c.582 §10; 2001 c.900 §144;
repealed by 2007 c.445 §42]
431.150 Enforcement of health laws
generally. (1) The local public health
administrators are charged with the strict and thorough enforcement of the
public health laws of this state in their districts, under the supervision and
direction of the Oregon Health Authority. They shall make an immediate report
to the authority of any violation of such laws coming to their notice by
observation, or upon the complaint of any person, or otherwise.
(2)
The authority is charged with the thorough and efficient execution of the
public health laws of this state in every part of the state, and with
supervisory powers over all local public health administrators, to the end that
all the requirements are complied with.
(3)
The authority may investigate cases of irregularity or violation of law. All
local public health administrators shall aid the authority, upon request, in
such investigation.
(4)
When any case of violation of the public health laws of this state is reported
to any district attorney or official acting in said capacity, such official
shall forthwith initiate and promptly follow up the necessary proceedings
against the parties responsible for the alleged violations of law.
(5)
Upon request of the authority, the Attorney General shall likewise assist in
the enforcement of the public health laws of this state. [Amended by 1959 c.314
§22; 1971 c.650 §12; 1973 c.833 §43; 1973 c.835 §165; 1974 c.36 §12; 1977 c.582
§11; 2009 c.595 §536]
431.155 Restraining violation of public
health laws. (1) Whenever it appears to the Oregon
Health Authority that any person is engaged or about to engage in any acts or
practices that constitute a violation of any statute relating to public health
administered by the authority, or any rule or order issued thereunder, the
authority may institute proceedings in the circuit courts to enforce obedience
thereto by injunction, or by other processes, mandatory or otherwise,
restraining such person, or its officers, agents, employees and representatives
from further violation of such statute, rule or order, and enjoining upon them
obedience thereto.
(2)
The provisions of this section are in addition to and not in substitution of
any other enforcement provisions contained in any statute administered by the
authority. [1967 c.94 §2; 1971 c.650 §13; 1977 c.582 §12; 2001 c.900 §145; 2009
c.595 §537]
431.157 County authority to restrain
violation of public health laws. Pursuant to
ORS 448.100 (1) and 446.425 (1), the county is delegated the authority granted
to the Director of the Oregon Health Authority in ORS 431.155. [1983 c.370 §4;
2003 c.309 §5; 2009 c.595 §538]
Note:
431.157 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 431 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
431.160 Commencement of prosecutions.
The district attorney, county attorney or Attorney General may institute
prosecutions for violation of any public health statute by information, by
indictment or by complaint verified before any magistrate. [Amended by 1959
c.314 §23; 1973 c.833 §44; 1977 c.582 §13; 1995 c.658 §104]
431.170 Enforcing health laws and rules
when local officers are delinquent. (1) The
Director of the Oregon Health Authority shall take direct charge of the
functions that are necessary to preserve the public health in any county or
district whenever any county or district official fails or refuses to
administer or enforce the public health laws or rules that the director or
board is charged to enforce.
(2)
The director may call to the aid of the director such assistance as is
necessary for the enforcement of such statutes and rules, the expense of which
shall be borne by the county or district making the use of this procedure
necessary, to be paid out of the respective county or district treasury upon
vouchers properly certified by the director. [Amended by 1959 c.314 §24; 1973
c.833 §45; 1977 c.582 §14; 2001 c.900 §146; 2009 c.595 §539]
431.175 Warrant procedure.
If necessary, the Director of the Oregon Health Authority or a designee
thereof, the State Fire Marshal or a designee thereof or an officer of a law
enforcement agency may appear before any magistrate empowered to issue warrants
in criminal cases, and require such magistrate to issue a warrant, directing it
to any sheriff or deputy or any constable or police officer, to enter the
described property or to remove any person or obstacle, or to defend any
threatened violence to the director or a designee thereof, the State Fire Marshal
or a designee thereof or an officer, upon entering private property, or to
assist the director in any way. [Formerly 433.025; 1991 c.67 §112; 2009 c.595 §540]
431.180 Interference with individual’s
selection of physician or treatment or with religious practice prohibited.
Nothing in the public health laws shall be construed to empower or authorize
the Oregon Health Authority or its representatives, or any county or district
board of health or its representatives to interfere in any manner with the
individual’s right to select the physician or mode of treatment of the choice
of the individual, nor interfere with the practice of any person whose religion
treats or administers to people who are sick or suffering by purely spiritual
means. However, sanitary laws and rules must be complied with. [Amended by 1977
c.582 §15; 2007 c.70 §238; 2009 c.595 §541]
431.190 [1977
c.448 §8; 1993 c.742 §96; 2009 c.595 §542; repealed by 2011 c.720 §228]
431.195 Oregon Public Health Advisory
Board; members; terms; meetings; compensation; duties.
(1) There is established the Oregon Public Health Advisory Board to serve as an
advisory body to the Oregon Health Authority.
(2)
The members of the board shall be residents of this state and shall be
appointed by the Governor. The board shall consist of 15 members at least
one-half of whom shall be public members broadly representing the state as a
whole and the others to include representatives of local government and public
and private health providers.
(3)
The board shall:
(a)
Advise the authority on policy matters related to public health programs.
(b)
Provide a review of statewide public health issues and make recommendations to
the authority.
(c)
Participate in public health policy development.
(4)
Members shall be appointed for four-year terms. No person shall serve more than
two consecutive terms.
(5)
The board shall meet at least quarterly.
(6)
Members of the board shall be entitled to compensation and expenses as provided
in ORS 292.495.
(7)
Vacancies on the board shall be filled by appointments of the Governor for the
unexpired term. [1983 c.653 §1; 2001 c.900 §147; 2003 c.784 §10; 2005 c.771 §3;
2009 c.595 §543; 2011 c.720 §183]
Note:
431.195 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 431 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
FINANCIAL ADMINISTRATION; SURPLUS
PROPERTY; FEDERAL AID
431.210 Public Health Account.
(1) There is established in the General Fund the Public Health Account,
classified separately as to federal and other moneys.
(2)
All fees, penalties, federal apportionments or contributions and other moneys
received by the Oregon Health Authority relating to public health shall be
turned over to the State Treasurer not later than the 10th day of the calendar
month next succeeding their receipt by the authority and shall be credited to
the Public Health Account.
(3)
All moneys credited to the Public Health Account are continuously appropriated
to the authority for the payment of expenses of the authority. [Amended by 1971
c.650 §14; 1973 c.427 §5; 1977 c.582 §16; 2001 c.900 §148; 2005 c.755 §36; 2009
c.595 §544; 2011 c.597 §194]
431.220 Record of moneys in Public Health
Account. The Oregon Health Authority shall keep
a record of all moneys deposited in the Public Health Account. This record
shall indicate by separate cumulative accounts the source from which the moneys
are derived and the individual activity or program against which each
withdrawal is charged. [Amended by 1973 c.427 §6; 1977 c.582 §17; 2007 c.71 §120;
2009 c.595 §545]
431.230 Emergency or revolving fund.
(1) The Oregon Health Authority may request the Oregon Department of
Administrative Services to, and when so requested, the Oregon Department of
Administrative Services shall, draw a payment on the Public Health Account in
favor of the Director of the Oregon Health Authority in a sum not exceeding
$25,000, which sum shall be used by the director as an emergency or revolving
fund.
(2)
The emergency or revolving fund shall be deposited with the State Treasurer,
and shall be at the disposal of the director. It may be used to pay advances
for salaries, travel expenses or any other proper claim against, or expense of,
the authority or the health-related licensing boards for whom the authority
provides accounting services.
(3)
Claims for reimbursement of advances paid from the emergency or revolving fund
shall be submitted to the authority for approval. When such claims are so
approved, payments covering them shall be drawn in favor of the director and
charged against the appropriate fund or account, and shall be used to reimburse
the emergency or revolving fund.
(4)
The authority may establish petty cash funds within the emergency or revolving
fund by drawing checks upon the emergency or revolving fund payable to the
custodians of the petty cash funds. [Amended by 1973 c.427 §7; 1975 c.614 §16;
1999 c.829 §6; 2003 c.14 §241; 2009 c.595 §546]
431.240
[Repealed by 1955 c.147 §1]
431.250 Federal grants to be handled by
Oregon Health Authority; disbursement; planning.
(1) The Oregon Health Authority hereby is designated as the state agency to
apply to and receive from the federal government or any agency thereof such
grants for promoting public health and the prevention of disease, including
grants for cancer control and industrial hygiene programs, as may be available
to this state or any of its political subdivisions or agencies.
(2)
For the purposes of subsection (1) of this section, the authority shall:
(a)
Disburse or supervise the disbursement of all funds made available at any time
by the federal government or this state for those purposes.
(b)
Adopt, carry out and administer plans for those purposes. Plans so adopted
shall be made statewide in application insofar as reasonably feasible, possible
or permissible, and shall be so devised as to meet the approval of the federal
government or any of its agencies, not inconsistent with the laws of the state.
[Amended by 1961 c.706 §20a; 1967 c.343 §1; 1971 c.650 §15; 1973 c.829 §20;
1977 c.751 §34; subsections (3), (4) renumbered 442.110; 2001 c.900 §149; 2009
c.595 §547]
EMERGENCY PLAN AND INCIDENT MANAGEMENT
SYSTEM
431.260 Definitions.
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 Oregon Health Authority, 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. [2007 c.445 §3; 2009 c.595 §548]
431.262 Power of Oregon Health Authority
and local public health administrators to enforce public health laws; authorized
actions; rules; penalties. (1) The Oregon Health Authority
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;
(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 Oregon Health Authority 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. [2007
c.445 §4; 2009 c.595 §549]
431.264 Authority of Public Health
Director to take public health actions; authorized actions; rules.
(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 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 Oregon Health Authority 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 authority 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 authority to purchase antitoxins, serums, vaccines,
immunizing agents, antibiotics, antidotes or other pharmaceutical agents,
medical supplies or 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. [2007 c.445 §5; 2009 c.595 §550]
431.266 Rules.
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. [2007
c.445 §5a]
Note:
431.266 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 431 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
BONE MARROW DONOR PROGRAM
431.270 Oregon Health Authority duties.
(1) The Oregon Health Authority shall educate residents of this state about:
(a)
The need for bone marrow donors;
(b)
The procedures required to become registered as a potential bone marrow donor,
including procedures for determining a person’s tissue type; and
(c)
The medical procedures a donor must undergo to donate bone marrow or other
sources of blood stem cells.
(2)
The Oregon Health Authority shall make special efforts to educate and recruit
citizens of Oregon with a special emphasis on minority populations to volunteer
as potential bone marrow donors. Means of communication may include use of
press, radio and television, and placement of educational materials in
appropriate health care facilities, blood banks and state and local agencies.
The Oregon Health Authority in conjunction with the Department of
Transportation shall make educational materials available at all places where
driver licenses are issued or renewed. [1991 c.652 §1; 2009 c.595 §551]
Note: 431.270
was enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 431 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.
431.275 [1991
c.652 §5; repealed by 1999 c.59 §123]
431.280 [1991
c.652 §6; repealed by 1999 c.59 §123]
SPINAL CORD INJURY RESEARCH BOARD
431.290 Spinal Cord Injury Research Board;
members; terms; chairperson; meetings; rules. (1)
There is established a Spinal Cord Injury Research Board consisting of 11
members appointed by the Governor.
(2)
The term of office of each member is four years, but a member serves at the
pleasure of the Governor. A member is eligible for reappointment. If there is a
vacancy for any cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
(3)
The appointment of a member to the board is subject to confirmation by the
Senate in the manner prescribed in ORS 171.562 and 171.565.
(4)
The members of the Spinal Cord Injury Research Board shall be citizens of this
state who are well informed on the issues relating to spinal cord injuries and
related disabilities. Members may include, but are not limited to:
(a)
A minimum of five health professionals with clinical practice experience in
each of the practice fields of neuroscience, neurology, neurosurgery,
neuropharmacology and spinal cord rehabilitative medicine;
(b)
A representative of the Oregon Disabilities Commission;
(c)
A representative of a disabilities advocacy organization or an individual who
advocates on behalf of persons with spinal cord injuries;
(d)
A representative of the Oregon Health Authority;
(e)
Members of the Legislative Assembly; and
(f)
A person with a spinal cord injury.
(5)
The board shall elect one of its members as chairperson and another as vice
chairperson, for such terms and with such duties and powers necessary for the
performance of the functions of such offices as the board determines.
(6)
The board shall meet at least once every three months at a place, day and hour
determined by the chairperson. The board also shall meet at other times and
places specified by the call of the chairperson or of a majority of the members
of the board.
(7)
In accordance with applicable provisions of ORS chapter 183, the board may
adopt rules necessary for the administration of the grant program and fund
described in ORS 431.292 and 431.294. [1999 c.1044 §§1,3; 2009 c.595 §552]
Note:
431.290 to 431.294 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 431 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
431.292 Duties of board; grants.
(1) The Spinal Cord Injury Research Board may solicit, receive and review
applications from public and private agencies, organizations and research
institutions for grants from the Spinal Cord Injury Research Fund created under
ORS 431.294, to conduct research programs that focus on the treatment and cure
of spinal cord injury.
(2)
After review of a grant application, the board shall grant approval of the
application and disburse moneys from the Spinal Cord Injury Research Fund if
the application meets the criteria established by the board and if money exists
in the fund.
(3)
The board may solicit contributions to the fund from public and private
sources.
(4)
The board shall provide the Governor and the Legislative Assembly with a
biennial report no later than January 31 of each odd-numbered year that
summarizes the status of funds appropriated for spinal cord injury research and
the progress of the board in encouraging spinal cord injury research. [1999
c.1044 §4]
Note: See
note under 431.290.
431.294 Spinal Cord Injury Research Fund.
(1) There is created within the State Treasury, separate and distinct from the
General Fund, the Spinal Cord Injury Research Fund administered by the Spinal
Cord Injury Research Board. Moneys in the fund are continuously appropriated
for the purpose of carrying out ORS 431.292.
(2)
The Spinal Cord Injury Research Fund shall consist of:
(a)
Moneys appropriated to the fund by the Legislative Assembly; and
(b)
Moneys obtained from gifts or grants by any public or private source received
by the board under ORS 431.292 (3). [1999 c.1044 §5]
Note: See
note under 431.290.
STATE LABORATORY
431.310 Examinations by state laboratory;
rules; fees. (1) For the better protection of the
public health, the laboratory of the Oregon Health Authority shall make
examinations of water, milk, blood, secretions, excretions, tissues or
environmental samples required by any state or local agency in Oregon.
(2)
In accordance with the rules of the authority, the authority may make
examinations of water, milk, blood, secretions, excretions, tissues or
environmental samples for any:
(a)
Country or territory;
(b)
Federal agency;
(c)
Agency of another state;
(d)
Tribal agency; or
(e)
Health care practitioner licensed in any country, territory or state.
(3)
The authority may adopt rules to implement this section and collect fees for
tests performed in the state public health laboratory, subject to approval by
the Oregon Department of Administrative Services prior to adopting a new fee or
changing an existing fee.
(4)
All moneys collected under subsection (3) of this section shall be deposited in
the Public Health Account to be used for expenses of the state public health
laboratory. [Amended by 1977 c.582 §18; 1981 c.630 §1; 1983 c.351 §1; 1993
c.374 §1; 2001 c.760 §1; 2009 c.595 §553; 2009 c.828 §63; 2011 c.100 §1]
431.320
[Repealed by 1967 c.146 §1 (431.330, 431.335, 431.340, 431.345 and 431.350
enacted in lieu of 431.320)]
431.325 [1971
c.650 §17; 1977 c.582 §19; repealed by 1993 c.742 §95]
CONFERENCE OF LOCAL HEALTH OFFICIALS
431.330 Conference of Local Health
Officials; officers of conference. (1) The
Conference of Local Health Officials is created. The conference shall consist
of all local health officers and public health administrators, appointed
pursuant to ORS 431.418 and such other local health personnel as may be
included by the rules of the conference.
(2)
The Conference of Local Health Officials shall select one of its members as
chairperson, another as vice chairperson and another as secretary with such
powers and duties necessary to the performance of the functions of such offices
as the conference shall determine. The chairperson, after consultation with the
Director of the Oregon Health Authority, shall appoint from the conference
membership an executive committee. The executive committee with the chairperson
shall advise the director in the administration of ORS 431.330 to 431.350. [1967
c.146 §2 (enacted in lieu of 431.320); 1977 c.582 §20; 1979 c.96 §1; 2009 c.595
§554]
431.335 Meetings of conference; notice;
expenses of members and officers of conference.
(1) The Conference of Local Health Officials shall meet at least annually at a
place, day and hour determined by the executive committee and the Director of
the Oregon Health Authority. The conference may meet specially at such other
times as the director or the executive committee considers necessary.
(2)
The director shall cause at least 10 days’ notice of each meeting date to be
given to the members. The chairperson or an authorized representative of the
chairperson shall preside at all meetings of the conference.
(3)
Each conference member shall receive from the local board which the conference
member represents from funds available under ORS 431.510, the actual and
necessary travel and other expenses incurred by the conference member in
attendance at no more than two meetings of the conference per year.
Additionally, subject to applicable law regulating travel and other expenses
for state officers, a local health official who is a member of the executive
committee of the conference or who is the chairperson shall receive from funds
available to the Oregon Health Authority, actual and necessary travel and other
expenses for attendance at no more than six meetings per year of the executive
committee called by the authority. [1967 c.146 §3 (enacted in lieu of 431.320);
1977 c.582 §21; 2009 c.595 §555]
431.340 Recommendations of conference.
The Conference of Local Health Officials may submit to the Oregon Health
Authority such recommendations on the rules and standards specified in ORS
431.345 and 431.350. [1967 c.146 §6 (enacted in lieu of 431.320); 1977 c.582 §22;
2009 c.595 §556]
431.345 Minimum standards for financial
assistance to local boards of health. In order to
establish criteria for local boards of health to qualify for such financial
assistance as may be made available, the Oregon Health Authority, upon receipt
of written approval from the Conference of Local Health Officials shall adopt
minimum standards governing:
(1)
Education and experience for professional and technical personnel employed in
local health departments, such standards to be consistent with any applicable
merit system.
(2)
Organization, operation and extent of activities which are required or expected
of local health departments to carry out their responsibilities in implementing
the public health laws of this state and the rules of the Oregon Health
Authority. [1967 c.146 §5 (enacted in lieu of 431.320); 1977 c.582 §23; 2009
c.595 §557]
431.350 Oregon Health Authority to adopt
rules for ORS 431.330 to 431.350. Upon receipt
of written approval from the Conference of Local Health Officials the Oregon
Health Authority shall adopt rules necessary for the administration of ORS
431.330 to 431.350. [1967 c.146 §4 (enacted in lieu of 431.320); 1977 c.582 §24; 2009 c.595 §558]
LOCAL PUBLIC HEALTH SERVICES
431.375 Policy on local public health
services; local public health authority; contracts for provision of maternal
and child public health services by tribal governing council.
(1) The Legislative Assembly of the State of Oregon finds that each citizen of
this state is entitled to basic public health services which promote and
preserve the health of the people of Oregon. To provide for basic public health
services the state, in partnership with county governments, shall maintain and
improve public health services through county or district administered public
health programs.
(2)
County governments or health districts established under ORS 431.414 are the
local public health authority responsible for management of local public health
services unless the county contracts with private persons or an agency to act
as the local public health authority or the county relinquishes authority to
the state. If authority is relinquished, the state may then contract with
private persons or an agency or perform the services.
(3)
All expenditure of public funds utilized to provide public health services on
the local level must be approved by the local public health authority unless
the county has relinquished authority to the state or an exception has been
approved by the Oregon Health Authority with the concurrence of the Conference
of Local Health Officials.
(4)
The Oregon Health Authority:
(a)
Shall contract for the provision of maternal and child public health services
with any tribal governing council of a federally recognized Indian tribe that
requests to receive funding and to deliver services under the federal Title V
Maternal and Child Health Services Block Grant Program.
(b)
May contract directly with any tribal governing council of a federally
recognized Indian tribe for provision of public health services and programs
not required under paragraph (a) of this subsection.
(5)
Contracts authorized by subsection (4) of this section must specify that:
(a)
Payments will be made to the tribe on a per capita or other equitable formula
basis;
(b)
The tribe must provide services that are comparable to the services provided by
a local public health authority; and
(c)
The tribe must comply with any state or federal requirements with which a local
public health authority providing the same services must comply. [1983 c.398 §1;
2005 c.493 §1; 2009 c.595 §559]
Note:
431.375 to 431.385 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 431 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
431.380 Distribution of funds for local
purposes. (1) From funds available to the Oregon
Health Authority for local public health purposes, regardless of the source,
the authority shall provide payments to the local public health authority on a
per capita or other equitable formula basis to be used for public health
services. Funding formulas shall be determined by the authority with the
concurrence of the Conference of Local Health Officials.
(2)
With respect to counties that have established joint public health services
with another county, either by agreement or the formation of a district board
of health, distribution of funds made available under the provisions of this
section shall be prorated to such counties as provided by agreement or under
ORS 431.510. [1983 c.398 §2; 2009 c.595 §560]
Note: See
note under 431.375.
431.385 Local annual plan; effect of
failure to submit plan; approval; disapproval; variance.
(1) The local public health authority shall submit an annual plan to the Oregon
Health Authority for performing services pursuant to ORS 431.375 to 431.385 and
431.416. The annual plan shall be submitted on a date established by the Oregon
Health Authority by rule or on a date mutually agreeable to the authority and
the local public health authority.
(2)
If the local public health authority decides not to submit an annual plan under
the provisions of ORS 431.375 to 431.385 and 431.416, the authority shall
become the local public health authority for that county or health district.
(3)
The authority shall review and approve or disapprove each plan. Variances to
the local public health plan must be approved by the authority. In consultation
with the Conference of Local Health Officials, the authority shall establish
the elements of a plan and an appeals process whereby a local health authority
may obtain a hearing if its plan is disapproved.
(4)
Each local commission on children and families shall reference the local public
health plan in the local coordinated comprehensive plan created pursuant to ORS
417.775. [1983 c.398 §3; 2003 c.553 §6; 2009 c.595 §561; 2011 c.70 §7]
Note: See
note under 431.375.
LOCAL BOARDS OF HEALTH
431.405 Purpose of ORS 431.405 to 431.510.
It is the purpose of ORS 431.405 to 431.510 to encourage improvement and
standardization of health departments in order to provide a more effective and
more efficient public health service throughout the state. [1961 c.610 §1]
431.410 Boards of health for counties.
The governing body of each county shall constitute a board of health ex officio
for each county of the state and may appoint a public health advisory board as
provided in ORS 431.412 (5) to advise the governing body on matters of public
health. [Amended by 1953 c.189 §3; 1961 c.610 §2; 1973 c.829 §20a]
431.412 County board of health; formation;
composition; advisory board. (1) The
governing body of any county shall establish a county board of health, when
authorized to do so by a majority of electors of the county at any general or
special election, and may, if such authorization is made, establish a public
health advisory board as provided in subsection (5) of this section.
(2)
The county board of health shall consist of:
(a)
One member of the county governing body selected by the body.
(b)
One member of a common school district board having jurisdiction over the
entire county or of the education service district board who resides in the
county and is selected by the education service district board, or the designee
of that member.
(c)
One physician who has been licensed to practice medicine in this state by the
Oregon Medical Board.
(d)
One dentist who has been licensed to practice dentistry in this state by the
Oregon Board of Dentistry.
(e)
Three other members.
(3)
The members referred to in subsection (2)(c) to (e) of this section shall be
appointed by the members serving under subsection (2)(a) and (b) of this
section. The term of office of each of such appointed members shall be four
years, terms to expire annually on February 1. The first appointments shall be
for terms of one, two, three or four years, as designated by the appointing
members of the board.
(4)
Whenever a county board of health is created under this section, such board
shall be in lieu of the board provided for in ORS 431.410.
(5)
The governing body of the county may, as provided in subsection (1) of this
section, appoint a public health advisory board for terms of four years, the
terms to expire annually on February 1. The first appointments shall be for
terms of one, two, three or four years as designated by the governing body. The
advisory board shall meet regularly to advise the county board of health on
matters of public health. The advisory board shall consist of:
(a)
Persons licensed by this state as health care practitioners.
(b)
Persons who are well informed on public health matters. [Formerly 431.470; 1963
c.544 §49; 1977 c.582 §25; 1981 c.127 §1; 1987 c.618 §2; 1991 c.167 §26; 2003
c.226 §22]
431.414 District board of health;
formation; composition; advisory board. (1) Two or
more contiguous counties may combine for the purpose of forming a district
health unit when the governing body of each of the counties concerned adopt
resolutions signifying their intention to do so.
(2)
The governing bodies of the counties forming the district may meet together,
elect a chairperson and transact business as a district board of health
whenever a majority of the members of the governing bodies from each of the
participating counties are present at any meeting.
(3)
In lieu of the procedure in subsection (2) of this section, the governing
bodies of the counties forming the district may, by a two-thirds vote of the
members from each participating county, establish and, except as provided in
paragraph (f) of this subsection, appoint a district board of health which
shall consist of:
(a)
One member from each participating county governing body selected by such body.
(b)
One member from a school administrative unit within the district.
(c)
One member from the administrative staff of a city within the district.
(d)
Two physicians who have been licensed to practice medicine in this state by the
Oregon Medical Board and who are residents of the district.
(e)
One dentist who has been licensed to practice dentistry in this state by the
Oregon Board of Dentistry and who is a resident of the district.
(f)
One person who is a resident of the district and who is to be appointed by the
members serving under paragraphs (a) to (c) of this subsection.
(4)
The term of office of the members referred to in subsection (3)(a) to (f) of
this section shall be four years, the terms to expire annually on February 1.
The first appointments shall be for terms of one, two, three or four years, as
may be designated by two-thirds vote of the members from each participating
county.
(5)
Whenever a district board of health is created under this section, such board
shall be in lieu of the board provided for in ORS 431.410 or 431.412.
(6)
The governing bodies of the counties making up the district may appoint a
public health advisory board for terms of four years, the terms to expire
annually on February 1. The first appointments shall be for terms of one, two,
three or four years as designated by the governing body. The advisory board
shall meet regularly to advise the district board of health on matters of
public health. The advisory board shall consist of:
(a)
Persons licensed by this state as health care practitioners.
(b)
Persons who are well informed on public health matters. [Formerly 431.610; 1973
c.829 §21; 1977 c.582 §26; 1987 c.618 §3]
431.415 Powers and duties of local health
boards; rules; fee schedules. (1) The
district or county board of health is the policymaking body of the county or
district in implementing the duties of local departments of health under ORS
431.416.
(2)
The district or county board of health shall adopt rules necessary to carry out
its policies under subsection (1) of this section. The county or district board
of health shall adopt no rule or policy which is inconsistent with or less
strict than any public health law or rule of the Oregon Health Authority.
(3)
With the permission of the county governing body, a county board may, and with
the permission of the governing bodies of the counties involved, a district
board may, adopt schedules of fees for public health services reasonably
calculated not to exceed the cost of the services performed. The health department
shall charge fees in accordance with such schedule or schedules adopted. [1961
c.610 §6; 1973 c.829 §22; 1977 c.582 §27; 2009 c.595 §562]
431.416 Local public health authority or
health district; duties. The local public health
authority or health district shall:
(1)
Administer and enforce the rules of the local public health authority or the
health district and public health laws and rules of the Oregon Health
Authority.
(2)
Assure activities necessary for the preservation of health or prevention of
disease in the area under its jurisdiction as provided in the annual plan of
the authority or district are performed. These activities shall include but not
be limited to:
(a)
Epidemiology and control of preventable diseases and disorders;
(b)
Parent and child health services, including family planning clinics as
described in ORS 435.205;
(c)
Collection and reporting of health statistics;
(d)
Health information and referral services; and
(e)
Environmental health services. [1961 c.610 §8; 1973 c.829 §23; 1977 c.582 §28;
1983 c.398 §4; 2001 c.900 §150; 2009 c.595 §563]
431.418 Local public health administrator;
health officer; duties; salary. (1) Each
district board of health shall appoint a qualified public health administrator
to supervise the activities of the district in accordance with law. Each county
governing body in a county that has created a county board of health under ORS
431.412 shall appoint a qualified public health administrator to supervise the
activities of the county health department in accordance with law. In making
such appointment, the district or county board of health shall consider
standards for selection of administrators prescribed by the Oregon Health
Authority.
(2)
When the public health administrator is a physician licensed by the Oregon
Medical Board, the administrator shall serve as health officer for the district
or county board of health. When the public health administrator is not a
physician licensed by the Oregon Medical Board, the administrator will employ or
otherwise contract for services with a health officer who shall be a licensed
physician and who will perform those specific medical responsibilities
requiring the services of a physician and shall be responsible to the public
health administrator for the medical and paramedical aspects of the health
programs.
(3)
The public health administrator shall:
(a)
Serve as the executive secretary of the district or county health board, act as
the administrator of the district or county health department and supervise the
officers and employees appointed under paragraph (b) of this subsection.
(b)
Appoint with the approval of the health board, administrators, medical
officers, public health nurses, environmental health specialists and such other
employees as are necessary to carry out the duties and responsibilities of the
office.
(c)
Provide the board at appropriate intervals information concerning the
activities of the county health department and submit an annual budget for the
approval of the county governing body except that, in the case of the district
public health administrator, the budget shall be submitted to the governing
bodies of the participating counties for approval.
(d)
Act as the agent of the Oregon Health Authority in enforcing state public health
laws and rules of the authority, including such sanitary inspection of
hospitals and related institutions as may be requested by the authority.
(e)
Perform such other duties as may be required by law.
(4)
The public health administrator shall serve until removed by the appointing
board. The public health administrator shall engage in no occupation which
conflicts with official duties and shall devote sufficient time to duties as
public health administrator as may be necessary to fulfill the requirements of
subsection (3) of this section. However, if the board of health is not created
under ORS 431.412, it may, with the approval of the Director of the Oregon
Health Authority, require less than full-time service of the public health
administrator.
(5)
The public health administrator shall receive a salary fixed by the appointing
board and shall be reimbursed for actual and necessary expenses incurred in the
performance of duties. [1961 c.610 §7; 1973 c.829 §24; 1977 c.582 §29; 1981
c.127 §2; 1993 c.26 §1; 2003 c.14 §242; 2003 c.547 §112; 2009 c.595 §564]
431.420
[Amended by 1961 c.610 §9; 1973 c.829 §25; 1977 c.582 §30; repealed by 1981
c.127 §4]
431.430
[Amended by 1961 c.610 §10; 1973 c.829 §26; repealed by 1981 c.127 §4]
431.440 Public health administrators have
police powers. All district and county public health
administrators shall possess the powers of constables or other peace officers
in all matters pertaining to the public health. [Amended by 1961 c.610 §11;
1973 c.829 §27]
431.450
[Amended by 1961 c.610 §14; 1973 c.829 §28; repealed by 1981 c.127 §4]
431.460
[Amended by 1961 c.610 §12; 1973 c.829 §29; repealed by 1981 c.127 §4]
431.470
[Amended by 1961 c.610 §3; renumbered 431.412]
431.480 City boards abolished; expenditure
of funds obtained from school district. (1) All city
boards of health are abolished.
(2)
Any school district may appropriate money to be expended for public health
measures in such school district by the county or district board of health. [Amended
by 1961 c.610 §5; 1973 c.829 §30]
431.490
[Repealed by 1961 c.610 §18]
431.500
[Amended by 1953 c.189 §3; repealed by 1961 c.610 §18]
431.510 Quarters and funds for local
health boards. (1) The governing body of the county
shall provide adequate quarters and facilities for the office and health work
of the county board of health and shall appropriate sufficient funds for the
administration of the board and the operation of the health department.
(2)
Where a district board is established under ORS 431.414, the governing body of
each participating county shall appropriate annually a sum which shall be
specifically designated for the operation of the board of health and the
district department of health. [Amended by 1961 c.610 §13; 1973 c.829 §31]
431.520 Disposal of local health records.
Public records, as defined in ORS 192.005, of district and county departments
of health and community mental health clinics may be destroyed or otherwise
disposed of in accordance with rules prescribed by the State Archivist. However,
no records shall be required to be maintained for more than seven years from
the date of the last entry for purposes of preserving evidence for any action,
suit or proceeding. [1969 c.446 §2; 1973 c.829 §32]
431.530 Authority of local health administrator
in emergency. (1) The local public health
administrator may take any action which the Oregon Health Authority or its
director could have taken, if an emergency endangering the public health occurs
within the jurisdiction of any local public health administrator and:
(a)
The circumstances of the emergency are such that the authority or its director
cannot take action in time to meet the emergency; and
(b)
Delay in taking action to meet the emergency will increase the hazard to public
health.
(2)
Any local public health administrator who acts under subsection (1) of this
section shall report the facts constituting the emergency and any action taken
under the authority granted by subsection (1) of this section to the Director
of the Oregon Health Authority by the fastest possible means. [1973 c.829 §9;
1977 c.582 §31; 2009 c.595 §565]
431.550 Power of Oregon Health Authority
to collect information from local public health administrators.
Nothing in ORS 431.412, 431.418 and this section shall be construed to limit
the authority of the Oregon Health Authority to require facts and statistics
from local public health administrators under its general supervisory power
over all matters relating to the preservation of life and health of the people
of the state. [1981 c.127 §3; 2009 c.595 §566]
431.605 [1971
c.650 §44; repealed by 1973 c.358 §15]
EMERGENCY MEDICAL SERVICES AND TRAUMA
SYSTEMS
431.607 Oregon Health Authority to develop
comprehensive emergency medical services and trauma system.
In cooperation with representatives of the emergency medical services
professions, the Oregon Health Authority shall develop a comprehensive
emergency medical services and trauma system. The authority shall report
progress on the system to the Legislative Assembly. [1985 c.191 §1; 2009 c.595 §567]
431.608 [1987
c.918 §9; repealed by 1997 c.546 §4]
431.609 Designation of trauma areas; rules;
trauma system hospitals. (1) With the advice of the State
Trauma Advisory Board, the Oregon Health Authority shall:
(a)
Develop and monitor a statewide trauma system; and
(b)
Designate within the state, trauma areas consistent with local resources,
geography and current patient referral patterns.
(2)
Each trauma area shall have:
(a)
Central medical control for all field care and transportation consistent with
geographic and current communications capability.
(b)
The development of triage protocols.
(c)
One or more hospitals categorized according to trauma care capabilities using
standards adopted by the authority by rule. Such rules shall be modeled after
the American College of Surgeons Committee on Trauma standards.
(d)
The establishment of area trauma advisory boards to develop trauma system plans
for each trauma area.
(3)
On and after July 1, 1986, the authority may designate trauma system hospitals
in accordance with area trauma advisory board plans which meet state objectives
and standards.
(4)
Trauma system plans shall be implemented by June 30, 1987, in Health Systems
Area I, and June 30, 1988, in Health Systems Areas II and III. [1985 c.191 §2;
2009 c.595 §568]
431.610
[Amended by 1961 c.610 §4; renumbered 431.414]
431.611 Oregon Health Authority to adopt
rules; contents. (1) Prior to approval and
implementation of area trauma plans submitted to the Oregon Health Authority by
area trauma advisory boards, the authority shall adopt rules pursuant to ORS
chapter 183 which specify state trauma objectives and standards, hospital
categorization criteria and criteria and procedures to be utilized in
designating trauma system hospitals.
(2)
For approved area trauma plans recommending designation of trauma system
hospitals, the authority rules shall provide for:
(a)
The transport of a member of a health maintenance organization, or other
managed health care system, as defined by rule, to a hospital that contracts
with the health maintenance organization when central medical control
determines that the condition of the member permits such transport; and
(b)
The development and utilization of protocols between designated trauma
hospitals and health maintenance organizations, or other managed health care
systems, as defined by rule, including notification of admission of a member to
a designated trauma hospital within 48 hours of admission, and coordinated
discharge planning between a designated trauma hospital and a hospital that
contracts with a health maintenance organization to facilitate transfer of the
member when the medical condition of the member permits. [1985 c.191 §4; 2009
c.595 §569]
431.613 Area trauma advisory boards;
duties; members. (1) Area trauma advisory boards
shall meet as often as necessary to identify specific trauma area needs and
problems and propose to the Oregon Health Authority area trauma system plans
and changes that meet state standards and objectives. The authority acting with
the advice of the State Trauma Advisory Board will have the authority to
implement these plans.
(2)
In concurrence with the Governor, the authority shall select members for each
area from lists submitted by local associations of emergency medical services
providers, emergency nurses, emergency physicians, surgeons, hospital
administrators, emergency medical services agencies and citizens at large.
Members shall be broadly representative of the trauma area as a whole and shall
consist of at least 15 members per area trauma advisory board, including:
(a)
Three surgeons;
(b)
Two physicians serving as emergency physicians;
(c)
Two hospital administrators from different hospitals;
(d)
Two nurses serving as emergency nurses;
(e)
Two emergency medical services providers serving different emergency medical
services;
(f)
Two representatives of the public at large selected from among those submitting
letters of application in response to public notice by the authority. Public
members shall not have an economic interest in any decision of the health care
service areas;
(g)
One representative of any bordering state which is included within the patient
referral area;
(h)
One anesthesiologist; and
(i)
One ambulance service owner or operator or both. [1985 c.191 §6; 2009 c.595 §570;
2011 c.703 §36]
431.615 [1971
c.650 §45; repealed by 1973 c.358 §15]
431.617 Liability of provider.
(1) A provider may not be held liable for acting in accordance with approved
trauma system plans.
(2)
A person who in good faith provides data or other information to the Oregon
Trauma Registry in accordance with ORS 431.623 to 431.671 is immune from any
civil or criminal liability that might otherwise be incurred or imposed with
respect to provision of the data. [1985 c.191 §7; 2009 c.848 §5]
431.619 Continuous duties of Oregon Health
Authority. The Oregon Health Authority shall
continuously identify the causes of trauma in Oregon, and propose programs of
prevention thereof for consideration by the Legislative Assembly or others. [1985
c.191 §8; 2009 c.595 §571]
431.620
[Repealed by 1961 c.610 §18]
431.623 Emergency Medical Services and
Trauma Systems Program created in Oregon Health Authority; Oregon Trauma
Registry. (1) The Emergency Medical Services and
Trauma Systems Program is created within the Oregon Health Authority for the
purpose of administering and regulating ambulances, training and licensing
emergency medical services providers, establishing and maintaining emergency
medical systems, including trauma systems, and maintaining the Oregon Trauma
Registry, as necessary for trauma reimbursement, system quality assurance and
ensuring cost efficiency.
(2)
For purposes of ORS 431.607 to 431.619 and ORS chapter 682, the duties vested
in the authority shall be performed by the Emergency Medical Services and
Trauma Systems program.
(3)
The program shall be administered by a director.
(4)
With moneys transferred to the program by ORS 442.625, the director of the
program shall apply those moneys to:
(a)
Developing state and regional standards of care;
(b)
Developing a statewide educational curriculum to teach standards of care;
(c)
Implementing quality improvement programs;
(d)
Creating a statewide data system for prehospital care; and
(e)
Providing ancillary services to enhance Oregon’s emergency medical service
system.
(5)
The director of the program shall adopt rules for the Oregon Trauma Registry,
establishing:
(a)
The information that must be reported by trauma centers;
(b)
The form and frequency of reporting; and
(c)
Procedures and standards for the administration of the registry. [1991 c.784 §1;
1999 c.1056 §6; 2009 c.595 §572; 2009 c.848 §1; 2011 c.703 §1]
Note:
431.623 to 431.671 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 431 by legislative action. See
Preface to Oregon Revised Statutes for further explanation.
431.625 [1971
c.650 §46; repealed by 1977 c.582 §61 and 1977 c.751 §17a]
431.627 Designation of other trauma centers.
(1) In addition to and not in lieu of ORS 431.607 to 431.617, the Oregon Health
Authority shall designate trauma centers in areas that are within the
jurisdiction of trauma advisory boards other than in the area within the
jurisdiction of area trauma advisory board 1.
(2)
The authority shall enter into contracts with designated trauma centers and
monitor and assure quality of care and appropriate costs for trauma patients
meeting trauma system entry criteria.
(3)
All findings and conclusions, interviews, reports, studies, communications and
statements procured by or furnished to the authority, the State Trauma Advisory
Board or an area trauma advisory board in connection with obtaining the data
necessary to perform patient care quality assurance functions shall be
confidential pursuant to ORS 192.501 to 192.505.
(4)(a)
All data received or compiled by the State Trauma Advisory Board or any area
trauma advisory board in conjunction with authority monitoring and assuring
quality of trauma patient care shall be confidential and privileged,
nondiscoverable and inadmissible in any proceeding. No person serving on or
communicating information to the State Trauma Advisory Board or an area trauma
advisory board shall be examined as to any such communications or to the
findings or recommendations of such board. A person serving on or communicating
information to the State Trauma Advisory Board or an area trauma advisory board
shall not be subject to an action for civil damages for actions taken or
statements made in good faith. Nothing in this section affects the
admissibility in evidence of a party’s medical records not otherwise
confidential or privileged dealing with the party’s medical care. The
confidentiality provisions of ORS 41.675 and 41.685 shall also apply to the
monitoring and quality assurance activities of the State Trauma Advisory Board,
area trauma advisory boards and the authority.
(b)
As used in this section, “data” includes but is not limited to written reports,
notes, records and recommendations.
(5)
Final reports by the authority, the State Trauma Advisory Board and area trauma
advisory boards shall be available to the public.
(6)
The authority shall publish a biennial report of the Emergency Medical Services
and Trauma Systems Program and trauma systems activities. [1991 c.784 §3; 2009
c.595 §573]
Note: See
note under 431.623.
431.630
[Repealed by 1961 c.610 §18]
431.633 Reporting of certain patients;
reimbursement for certain services. (1)
Designated trauma centers and providers, physical rehabilitation centers,
alcohol and drug rehabilitation centers and ambulances shall develop a monthly
log of all unsponsored, inadequately insured trauma system patients determined
by the hospital to have an injury severity score greater than or equal to 13,
and submit monthly to the Emergency Medical Services and Trauma Systems Program
the true costs and unpaid balance for the care of these patients.
(2)
No reimbursement for these patients shall occur until:
(a)
All information required by the Emergency Medical Services and Trauma Systems
Program rules is submitted to the Oregon Trauma Registry; and
(b)
The Emergency Medical Services and Trauma Systems Program confirms that the
injury severity score, as defined by the Oregon Health Authority by rule, is
greater than or equal to 13.
(3)
The Emergency Medical Services and Trauma Systems Program shall cause providers
to be reimbursed in the following decreasing order of priority:
(a)
Designated trauma centers and providers;
(b)
Physical rehabilitation centers;
(c)
Alcohol and drug rehabilitation centers; and
(d)
Ambulances.
(4)
Subject to the availability of funds, the Emergency Medical Services and Trauma
Systems Program shall cause the designated trauma centers and providers to be
paid first in full. Subsequent providers shall be paid from the balance
remaining according to priority.
(5)
Any matching funds, available pursuant to the Trauma Care Systems Planning and
Development Act of 1990 (P.L. 101-590), that are available for purposes of the
Emergency Medical Services and Trauma Systems Program may be used for related
studies and projects and reimbursement for uncompensated care. [1991 c.784 §4;
2009 c.595 §574; 2009 c.848 §2]
Note: See
note under 431.623.
431.635 Release of information from Oregon
Trauma Registry. (1) As used in this section, “individually
identifiable information” means:
(a)
Individually identifiable health information as that term is defined in ORS
179.505; and
(b)
Information that could be used to identify a health care provider, ambulance
service medical transportation agency or health care facility.
(2)
Notwithstanding ORS 431.627, individually identifiable information may be
released from the Oregon Trauma Registry:
(a)
For use in executive session to conduct specific case reviews by:
(A)
The State Trauma Advisory Board or any area trauma advisory board;
(B)
The State Emergency Medical Service Committee; or
(C)
The Emergency Medical Services for Children Advisory Committee.
(b)
For quality assurance or quality improvement purposes to an emergency medical
services provider or a designated trauma center if the information is related
to the treatment of an individual by the provider or center.
(c)
To a person conducting research only if an institutional review board has
approved the research in accordance with 45 C.F.R. part 46 and the person
agrees to maintain the confidentiality of the information.
(3)
The Oregon Health Authority may release only the minimum amount of individually
identifiable information necessary to carry out the purposes for which it is
released under this section. [2009 c.848 §4; 2009 c.848 §4a]
Note: See
note under 431.623.
431.640
[Repealed by 1961 c.610 §18]
431.650
[Repealed by 1961 c.610 §18]
431.660
[Repealed by 1961 c.610 §18]
431.670
[Repealed by 1961 c.610 §18]
431.671 Emergency Medical Services for
Children Program; duties of Oregon Health Authority.
(1) Subject to available funding from gifts, grants or donations, the Emergency
Medical Services for Children Program is established in the Oregon Health
Authority. The Emergency Medical Services for Children Program shall operate in
cooperation with the Emergency Medical Services and Trauma Systems Program to
promote the delivery of emergency medical and trauma services to the children
of Oregon.
(2)
The Oregon Health Authority shall:
(a)
Employ or contract with professional, technical, research and clerical staff as
required to implement this section.
(b)
Provide technical assistance to the State Trauma Advisory Board on the
integration of an emergency medical services for children program into the
statewide emergency medical services and trauma system.
(c)
Provide advice and technical assistance to area trauma advisory boards on the
integration of an emergency medical services for children program into area
trauma system plans.
(d)
Establish an Emergency Medical Services for Children Advisory Committee.
(e)
Establish guidelines for:
(A)
The approval of emergency and critical care medical service facilities for
pediatric care, and for the designation of specialized regional pediatric
critical care centers and pediatric trauma care centers.
(B)
Referring children to appropriate emergency or critical care medical
facilities.
(C)
Necessary prehospital and other pediatric emergency and critical care medical
service equipment.
(D)
Developing a coordinated system that will allow children to receive appropriate
initial stabilization and treatment with timely provision of, or referral to,
the appropriate level of care, including critical care, trauma care or
pediatric subspecialty care.
(E)
Protocols for prehospital and hospital facilities encompassing all levels of
pediatric emergency services, pediatric critical care and pediatric trauma
care.
(F)
Rehabilitation services for critically ill or injured children.
(G)
An interfacility transfer system for critically ill or injured children.
(H)
Initial and continuing professional education programs for emergency medical
services personnel, including training in the emergency care of infants and
children.
(I)
A public education program concerning the Emergency Medical Services for
Children Program including information on emergency access telephone numbers.
(J)
The collection and analysis of statewide pediatric emergency and critical care
medical services data from emergency and critical care medical service
facilities for the purpose of quality improvement by such facilities, subject
to relevant confidentiality requirements.
(K)
The establishment of cooperative interstate relationships to facilitate the
provision of appropriate care for pediatric patients who must cross state
borders to receive emergency and critical care services.
(L)
Coordination and cooperation between the Emergency Medical Services for
Children Program and other public and private organizations interested or
involved in emergency and critical care for children. [2001 c.717 §1; 2009
c.595 §575]
Note: See
note under 431.623.
AUTOMATED EXTERNAL DEFIBRILLATORS
431.680 Automated external defibrillators
required at health clubs; exception. (1) As used
in this section, “health club” means an indoor facility:
(a)
With the primary purpose of offering exercise or athletic activities that
patrons or members may participate in for a fee; and
(b)
That typically has at the facility on a regular business day 50 or more persons
who are employees, patrons or members participating in the exercise or athletic
activities offered at the facility.
(2)
The owner of a health club shall have on the premises at all times at least one
automated external defibrillator.
(3)
Subsection (2) of this section does not apply to a facility owned by a hotel as
defined in ORS 699.005. [2005 c.551 §6; 2010 c.27 §2; 2010 c.62 §5]
Note:
431.680 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 431 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
431.690 Automated external defibrillators
required at places of public assembly; exceptions.
(1) As used in this section, “place of public assembly” means a single building
that has 50,000 square feet or more of indoor floor space and where:
(a)(A)
The public congregates for purposes such as deliberation, shopping,
entertainment, amusement or awaiting transportation; or
(B)
Business activities are conducted; and
(b)
At least 50 individuals congregate on a normal business day.
(2)
Notwithstanding ORS 431.680 (3), the owner of a place of public assembly shall
have on the premises at least one automated external defibrillator.
(3)
Notwithstanding subsection (2) of this section:
(a)
A community college or a public university listed in ORS 352.002 shall have at
least one automated external defibrillator on the campus of the community
college or public university; and
(b)
If the campus of the community college or public university contains more than
one place of public assembly, the community college or public university shall
ensure that at least one automated external defibrillator is readily available
to each place of public assembly.
(4)
Subsection (2) of this section does not apply to a building primarily used for
worship or education associated with worship. [2009 c.450 §1; 2010 c.27 §1;
2010 c.62 §6; 2011 c.637 §270]
Note:
431.690 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 431 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
HEALTH HAZARD ANNEXATIONS OR DISTRICT
FORMATION
431.705 Definitions for ORS 431.705 to
431.760. As used in ORS 431.705 to 431.760,
unless the context requires otherwise:
(1)
“Affected territory” means an area that is the subject of a proceedings under
ORS 431.705 to 431.760 where there is a danger to public health or an alleged
danger to public health.
(2)
“Boundary commission” means a local government boundary commission created
under ORS 199.410 to 199.430, 199.435 to 199.464, 199.480 to 199.505 and
199.510.
(3)
“Commission” means the Environmental Quality Commission.
(4)
“Danger to public health” means a condition which is conducive to the
propagation of communicable or contagious disease-producing organisms and which
presents a reasonably clear possibility that the public generally is being exposed
to disease-caused physical suffering or illness, including a condition such as:
(a)
Impure or inadequate domestic water.
(b)
Inadequate installations for the disposal or treatment of sewage, garbage or
other contaminated or putrefying waste.
(c)
Inadequate improvements for drainage of surface water and other fluid
substances.
(5)
“District” means any one of the following:
(a)
A metropolitan service district formed under ORS chapter 268.
(b)
A county service district formed under ORS chapter 451.
(c)
A sanitary district formed under ORS 450.005 to 450.245.
(d)
A sanitary authority, water authority or joint water and sanitary authority
formed under ORS 450.600 to 450.989.
(e)
A domestic water supply district formed under ORS chapter 264.
(6)
“Requesting body” means the county court, or local or district board of health
that makes a request under ORS 431.715.
(7)
“Service facilities” means water or sewer installations or works. [1973 c.361 §1;
1975 c.266 §1; 1981 c.452 §1; 1993 c.577 §20; 2001 c.900 §151; 2009 c.595 §576]
431.710 When Oregon Health Authority to
initiate district formation or annexation. (1)
ORS 431.705 to 431.760 shall not apply if the affected territory could be
subject to an annexation proceeding under ORS 222.840 to 222.915.
(2)
If the Oregon Health Authority, in accordance with ORS 431.705 to 431.760,
finds that a danger to public health exists within the affected territory and
that such danger could be removed or alleviated by the construction,
maintenance and operation of service facilities, the authority shall initiate
proceedings for the formation of or annexation to a district to serve the
affected territory. If the affected territory is located within a district that
has the authority to provide the service facilities, the authority shall order
the district to provide service facilities in the affected territory. [1973
c.361 §2; 1981 c.888 §3; 2009 c.595 §577]
431.715 Resolution requesting Oregon
Health Authority to initiate formation or annexation.
(1) The county court or the local or district board of health having
jurisdiction over territory where it believes conditions dangerous to the
public health exist shall adopt a resolution requesting the Oregon Health
Authority to initiate proceedings for the formation of a district or annexation
of territory to, or delivery of appropriate water or sewer services by, an
existing district without vote or consent in the affected territory. The
resolution shall:
(a)
Describe the boundaries of the affected territory;
(b)
Describe the conditions alleged to be causing a danger to public health;
(c)
Request the authority to ascertain whether conditions dangerous to public
health exist in the affected territory and whether such conditions could be
removed or alleviated by the provision of service facilities; and either
(d)
Recommend a district that the affected territory could be included in or
annexed to for the purpose of providing the requested service facilities; or
(e)
Recommend that an existing district provide service facilities in the affected
territory.
(2)
The requesting body shall cause a certified copy of the resolution, together
with the time schedule and preliminary plans and specifications, prepared in
accordance with subsection (3) of this section, to be forwarded to the
authority.
(3)
The requesting body shall cause a study to be made and preliminary plans and
specifications prepared for the service facilities considered necessary to
remove or alleviate the conditions causing a danger to public health. The requesting
body shall prepare a schedule setting out the steps necessary to put the
facilities into operation and the time required for each step in implementation
of the plans.
(4)
If the preliminary plans involve facilities that are subject to the jurisdiction
of the Environmental Quality Commission, a copy of the documents submitted to
the authority under subsection (2) of this section shall be submitted to the
commission for review, in accordance with ORS 431.725, of those facilities that
are subject to its jurisdiction. No order or findings shall be adopted under
ORS 431.735 or 431.756 until the plans of the requesting body for such
facilities, if any, have been approved by the commission. [1973 c.361 §3; 1981
c.888 §4; 2009 c.595 §578]
431.717 Compelling adoption of resolution.
(1) Any person who may be adversely affected by the failure of a county court
to adopt a resolution as required by ORS 431.715 (1) may seek to compel the
adoption of such resolution through a writ of mandamus under ORS 34.105 to 34.240.
(2)
The prevailing party in a proceeding under ORS 34.105 to 34.240 authorized by
subsection (1) of this section is entitled to reasonable attorney fees in
addition to costs and necessary disbursements. [1981 c.888 §6]
431.720 Commission to review certain
plans; approval of plans. (1) Upon receipt of the
documents submitted under ORS 431.715 (4), the Environmental Quality Commission
shall review them to determine whether the conditions dangerous to public
health within the affected territory could be removed or alleviated by the
provision of service facilities that are subject to the jurisdiction of the
commission.
(2)
If the commission considers such proposed facilities and the time schedule for
installation of such facilities adequate to remove or alleviate the dangerous
conditions, it shall approve the part of the plans that are subject to its
jurisdiction and certify its approval to the Oregon Health Authority.
(3)
If the commission considers the proposed facilities or time schedule
inadequate, it shall disapprove the part of the plans that are subject to its
jurisdiction and certify its disapproval to the authority. The commission shall
also inform the requesting body of its approval or disapproval and, in case of
disapproval, of the particular matters causing the disapproval. The requesting
body may then submit additional or revised plans. [1973 c.361 §4; 2009 c.595 §579]
431.725 Oregon Health Authority to review
resolution; notice of hearing. (1) Upon
receipt of the certified copy of a resolution adopted under ORS 431.715, the
Oregon Health Authority shall contact the requesting body within 30 days of
receipt of the request and schedule the review and investigation of conditions
in the affected territory. The authority shall review and investigate
conditions in the affected territory in accordance with the agreed upon
schedule unless both parties agree to an extension. If it finds substantial
evidence that a danger to public health exists in the territory, it shall issue
an order setting a time and place for a hearing on the resolution. The hearing
shall be held within the affected territory, or at a place near the territory
if there is no suitable place within the territory at which to hold the
hearing, not less than 30 or more than 50 days after the date of the order.
(2)
Upon issuance of an order for a hearing, the authority shall immediately give
notice of the time and place of the hearing on the resolution by publishing the
order and resolution in a newspaper of general circulation within the territory
once each week for two successive weeks and by posting copies of the order in
four public places within the territory prior to the hearing. [1973 c.361 §5;
1981 c.452 §2; 2009 c.595 §580]
431.730 Conduct of hearing.
(1) At the hearing on the resolution, any interested person shall be given a
reasonable opportunity to be heard or to present written statements. The
hearing shall be for the sole purpose of determining whether a danger to public
health exists due to conditions in the affected territory and whether such
conditions could be removed or alleviated by the provision of service
facilities. Hearings under this section shall be conducted by an administrative
law judge assigned from the Office of Administrative Hearings established under
ORS 183.605. It shall be conducted in accordance with the provisions of ORS
chapter 183. The Oregon Health Authority shall publish a notice of the issuance
of said findings and recommendations in the newspaper utilized for the notice
of hearing under ORS 431.725 (2) advising of the opportunity for presentation
of a petition under subsection (2) of this section.
(2)
Within 15 days after the publication of notice of issuance of findings in
accordance with subsection (1) of this section, any person who may be affected
by the findings, or the affected district, may petition the Director of the
Oregon Health Authority according to rules of the authority to present written
or oral arguments relative to the proposal. If a petition is received, the
director may set a time and place for receipt of argument. [1973 c.361 §6; 1975
c.266 §2; 1999 c.849 §§81,82; 2003 c.75 §35; 2009 c.595 §581]
431.735 Director’s authority under ORS
431.705 to 431.760. (1) If the Director of the
Oregon Health Authority after investigation finds that no danger to public
health exists because of conditions within the affected territory, or that such
a danger does exist but the conditions causing it could not be removed or
alleviated by the provision of service facilities, the director shall issue an
order terminating the proceedings under ORS 431.705 to 431.760 with reference
to the affected territory.
(2)
If the director finds, after investigation and the hearing required by ORS
431.725, that a danger to public health exists because of conditions within the
territory, and that such conditions could be removed or alleviated by the
provisions of service facilities in accordance with the plans and
specifications and the time schedule proposed, the director shall enter
findings in an order, directed to the officers described by ORS 431.740,
setting out the service facilities to be provided.
(3)
If the director determines that a danger to public health exists because of
conditions within only part of the affected territory, or that such conditions
could be removed or alleviated in only part of the affected territory by the
provision of service facilities, the director may, subject to conditions stated
in ORS 431.705 to 431.760, reduce the boundaries of the affected territory to
that part which presents a danger or in which the conditions could be removed
or alleviated if the area to be excluded would not be surrounded by the
territory remaining to be annexed and would not be directly served by the
sanitary, water or other facilities necessary to remove or alleviate the danger
to public health existing within the territory remaining to be annexed. The
findings shall describe the boundaries of the area as reduced by the director.
(4)
In determining whether to exclude any area the director may consider whether or
not such exclusion would unduly interfere with the removal or alleviation of
the danger to public health in the area remaining to be annexed and whether the
exclusion would result in an illogical boundary for the provision of services.
(5)
The requesting body or the boundary commission shall, when requested, aid in
the determinations made under subsections (3) and (4) of this section and, if
necessary, cause a study to be made. [1973 c.361 §7; 1975 c.266 §3; 2009 c.595 §582]
431.740 Notice to boundary commission;
service facilities to conform to plans and schedules.
(1) If a boundary commission has jurisdiction of the affected territory, the
Director of the Oregon Health Authority shall file the findings and order with
such boundary commission. If the affected territory is not within the
jurisdiction of a boundary commission, the director shall file the findings and
order with the county court of the county having jurisdiction of the territory.
(2)
The Oregon Health Authority and the Environmental Quality Commission shall use
their applicable powers of enforcement to insure that the service facilities
are constructed or installed in conformance with the approved plans and
schedules. [1973 c.361 §8; 2009 c.595 §583]
431.745 Petition for alternative plan.
(1) At any time after the adoption of a resolution under ORS 431.715, a
petition, signed by not less than 51 percent of the electors registered in the
affected territory, may be filed with the Oregon Health Authority. The petition
shall suggest an alternative plan to the proposed formation or annexation for
removal or alleviation of the conditions dangerous to public health. The
petition shall state the intent of the residents to seek annexation to an
existing city or special district authorized by law to provide service
facilities necessary to remove or alleviate the dangerous conditions. The
petition shall be accompanied by a proposed plan which shall state the type of
facilities to be constructed, a proposed means of financing the facilities and
an estimate of the time required to construct such facilities and place them in
operation.
(2)
Upon receipt of the petition, the authority shall immediately forward a copy of
the petition to the Environmental Quality Commission, if the plan accompanying
the petition involves facilities that are subject to the jurisdiction of the
commission. The authority also shall forward a copy of the petition to the
requesting body and to the county court or boundary commission where the
authority filed its findings under ORS 431.740 and direct the county court or
boundary commission to stay the proceedings pending the review permitted under
this section and ORS 431.750. [1973 c.361 §9; 1983 c.83 §84; 2009 c.595 §584]
431.750 Commission review of alternative
plan; certification of alternative plan. (1) If the
alternative plan submitted under ORS 431.745 (1) involves service facilities
that are subject to the jurisdiction of the commission, the alternative plan
shall be submitted to and reviewed by the Environmental Quality Commission and
shall be approved or rejected by the commission within 30 days from the date of
filing with the Oregon Health Authority. In reviewing the alternative plan, the
commission shall consider whether, in its judgment, the plan contains a preferable
alternative for the alleviation or removal of the conditions dangerous to
public health. If the commission determines that the original plan provides the
better and most expeditious method of removing or alleviating the dangerous
conditions, it shall disapprove the alternative plan and inform the authority
of its decision. The authority shall order the proceedings on the finding filed
under ORS 431.740 to resume.
(2)
If the commission finds that the alternative plan provides a preferable method
of alleviating or removing the dangerous conditions, the petitioners shall be
granted six months within which to present to the commission information
showing:
(a)
That the affected territory has annexed to a city or special district
authorized by law to provide the service facilities necessary to remove or
alleviate the dangerous conditions, and that the financing of the extension of
such facilities to the territory has been assured.
(b)
Detailed plans and specifications for the construction of such facilities.
(c)
A time schedule for the construction of such facilities.
(d)
That such facilities, if constructed, will remove or alleviate the conditions
dangerous to public health in a manner as satisfactory and expeditious as would
be accomplished by the formation or annexation proposed by the original plans.
(3)
The commission shall review the plan presented to it by the petitioners under
subsection (2) of this section and shall promptly certify to the authority
whether the requirements of subsection (2) of this section have been met. If
the requirements have been met, the authority shall certify the alternative
plan to the county court or boundary commission having jurisdiction and direct
it to proceed in accordance with the alternative plan and in lieu of the plans
filed under ORS 431.740. If the requirements of subsection (2) of this section
are not met by the petitioners, the authority shall certify that fact to the
county court or boundary commission having jurisdiction and direct it to
continue the proceedings on the plans filed under ORS 431.740. [1973 c.361 §10;
2009 c.595 §585]
431.755 [1973
c.361 §11; repealed by 1975 c.266 §4 (431.756 enacted in lieu of 431.755)]
431.756 Judicial review.
Judicial review of orders under ORS 431.705 to 431.760 shall be as provided in
ORS 183.480, 183.485, 183.490 and 183.500. [1975 c.266 §5 (enacted in lieu of
431.755)]
431.760 Certain persons prohibited from
participating in proceedings. (1) A person
who owns property or resides within affected territory that is subject to
proceedings under the provisions of ORS 431.705 to 431.760 shall not
participate in an official capacity in any investigation, hearing or
recommendation relating to such proceedings. If the Director of the Oregon
Health Authority is such a person, the director shall so inform the Governor,
who shall appoint another person to fulfill the duties of the director in any
investigation, hearing or recommendation relating to the such proceeding.
(2)
Subsection (1) of this section does not excuse a member of a county court from
voting on the order required by ORS 198.792 (2) or 451.445 (1). [1973 c.361 §12;
2009 c.595 §586]
RECOMBINANT DNA
431.805 Definitions for ORS 431.805 and
431.810. As used in ORS 431.805 and 431.810:
(1)
“Person” includes an individual, partnership, association, corporation, private
institution or governmental entity.
(2)
“Recombinant DNA research” means research on molecules that consist of segments
of deoxyribonucleic acid from different organisms which are joined together in
cell-free systems and which have the capacity to infect and replicate in some
host cell, either autonomously or as an integrated part of the host genome. [1983
c.358 §1]
Note:
431.805 and 431.810 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 431 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
431.810 Recombinant DNA research to comply
with federal guidelines. Persons carrying out recombinant
DNA research must comply with the recombinant research guidelines adopted by
the National Institutes of Health and any subsequent modifications thereof. [1983
c.358 §2]
Note: See
note under 431.805.
431.815 [1983
c.358 §§3,4; repealed by 1999 c.108 §1]
SPECIAL PROGRAMS
431.825 Fetal alcohol syndrome pamphlets.
The Oregon Health Authority shall provide to the counties of this state
pamphlets described in ORS 106.081. The authority may produce such pamphlets
with moneys available for the purpose or may accept a gift of such pamphlets
from any public or private source if the content is acceptable to the
authority. [1987 c.340 §4; 2009 c.595 §588]
Note:
431.825 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 431 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
431.827 Female genital mutilation
prevention and education activities. The Oregon
Health Authority shall establish and implement appropriate education,
prevention and outreach activities in communities that traditionally practice
female circumcision, excision or infibulation for the purpose of informing:
(1)
Those communities of the health risks and emotional trauma inflicted by the
practices;
(2)
Those communities and the medical community as to the existence and
ramifications of ORS 163.207; and
(3)
Those communities that the practices constitute physical injuries to a child
for purposes of ORS 419B.005. [1999 c.737 §2; 2009 c.595 §589]
Note:
431.827 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 431 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
431.830 Acquired immune deficiency syndrome
services and programs. (1) The Oregon Health Authority
shall establish an acquired immune deficiency syndrome program:
(a)
To provide education and prevention services to its clients; and
(b)
To provide education and prevention services to the public.
(2)
Programs authorized by this section may be operated by the authority directly
or under contract with public and private agencies. [1987 c.114 §1; 2001 c.900 §152;
2009 c.595 §590]
Note:
431.830 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 431 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
SMOKING CESSATION AND TOBACCO USE
REDUCTION
431.831 Smoking cessation program
reimbursement; rules. (1) The Oregon Health Authority
shall develop a program to reimburse smoking cessation program providers for
services provided to residents of this state who are not insured for smoking
cessation costs.
(2)
The authority shall adopt rules for the program established under subsection
(1) of this section that include but are not limited to criteria for provider
and participant eligibility and other program specifications. The rules shall
establish a maximum reimbursement limit for each participant.
(3)
Costs for smoking cessation programs funded under subsection (1) of this
section are eligible for reimbursement from funds received by the State of
Oregon from tobacco products manufacturers under the Master Settlement Agreement
of 1998. [1999 c.1025 §1; 2009 c.595 §591]
Note:
431.831 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 431 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
431.832 Tobacco Use Reduction Account
established. (1) There is established in the General
Fund the Tobacco Use Reduction Account.
(2)
Amounts credited to the Tobacco Use Reduction Account are continuously
appropriated to the Oregon Health Authority for the funding of prevention and
education programs designed to reduce cigarette and tobacco use. [1997 c.2 §13;
2009 c.595 §592]
Note:
431.832 to 431.836 were added to and made a part of ORS chapter 431 by law but
were not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
431.834 Oregon Health Authority to adopt
rules; contents. The Oregon Health Authority
shall develop and adopt rules for awarding grants to programs for educating the
public on the risk of tobacco use, including but not limited to:
(1)
Educating children on the health hazards and consequences of tobacco use; and
(2)
Promoting enrollment in smoking cessation programs and programs that prevent
smoking-related diseases including cancer and other diseases of the heart,
lungs and mouth. [1997 c.2 §14; 2009 c.595 §593]
Note: See
note under 431.832.
431.836 Oregon Health Authority to prepare
report. During each biennium, the Oregon Health
Authority shall prepare a report regarding the awarding of grants from the
Tobacco Use Reduction Account and the formation of public-private partnerships
in connection with the receipt of funds from the account. The authority shall
present the report to the Governor and to those committees of the Legislative
Assembly to which matters of public health are assigned. [1997 c.2 §15; 2009
c.595 §594]
Note: See
note under 431.832.
REGULATION OF TOBACCO SALES
431.840 Free distribution to minors
prohibited; restriction on sales; notice. (1) It
shall be unlawful to do any of the following:
(a)
To distribute free tobacco products to persons under 18 years of age as part of
a marketing strategy to encourage the use of tobacco products.
(b)
To fail as a retailer to post a notice substantially similar to that set forth
in subsection (3) of this section in a location clearly visible to the seller
and the purchaser that sale of tobacco products to persons under 18 years of
age is prohibited.
(c)
To sell cigarettes in any form other than a sealed package.
(2)
As used in this section “tobacco products” means bidis, cigars, cheroots,
stogies, periques, granulated, plug cut, crimp cut, ready rubbed and other
smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco,
fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings
and sweepings of tobacco and other kinds and forms of tobacco, prepared in such
manner as to be suitable for chewing or smoking in a pipe or otherwise, or both
for chewing and smoking, and shall include cigarettes as defined in ORS 323.010
(1).
(3)
The notice shall be substantially as follows:
______________________________________________________________________________
NOTICE
The
sale of tobacco in any form to persons under 18 years of age is prohibited by
law. Any person who knowingly sells, or causes to be sold, tobacco to a person
under 18 years of age commits the crime of endangering the welfare of a minor,
pursuant to ORS 163.575.
______________________________________________________________________________
[1989 c.764 §1; 2001 c.187 §1]
Note:
431.840 to 431.853 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 431 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
431.845 Civil penalty for violation of ORS
431.840. (1) The civil penalty for violation of
any provision of ORS 431.840 shall not be less than $100 nor exceed $500.
(2)
The amounts collected under subsection (1) of this section shall be deposited
to the credit of the General Fund. [1989 c.764 §2; 1991 c.970 §6]
Note: See
note under 431.840.
431.850 Procedure applicable to penalty.
Any civil penalty under ORS 431.845 shall be imposed as provided by ORS
183.745. [1989 c.764 §§3,6; 1991 c.734 §20]
Note: See
note under 431.840.
431.853 Random inspections of sellers of
tobacco products; site; frequency; rules. (1)
The Oregon Health Authority shall:
(a)
Coordinate with law enforcement agencies to conduct random, unannounced
inspections of Oregon wholesalers and retailers of tobacco products to insure
compliance with Oregon laws designed to discourage the use of tobacco by minors
including ORS 163.575, 163.580, 167.400, 167.402 and 431.840; and
(b)
Submit a report describing:
(A)
The activities carried out to enforce the laws listed in paragraph (a) of this
subsection during the previous fiscal year;
(B)
The extent of success achieved in reducing the availability of tobacco products
to minors; and
(C)
The strategies to be utilized for enforcing the laws listed in paragraph (a) of
this subsection during the year following the report.
(2)
The Oregon Health Authority shall adopt rules concerning random inspections of
places that sell tobacco products consistent with section 1921, Public Law
102-321, 1992. The rules shall provide that inspections may take place:
(a)
Only in areas open to the public;
(b)
Only during hours that tobacco products are sold or distributed; and
(c)
No more frequently than once a month in any single establishment unless a
compliance problem exists or is suspected. [1993 c.788 §1; 2009 c.595 §595]
Note: See
note under 431.840.
ALZHEIMER’S DISEASE
431.855 Alzheimer’s Disease Research Fund.
(1) There is established as a separate and distinct fund in the State Treasury
an Alzheimer’s Disease Research Fund. The Alzheimer’s Disease Research Fund
shall consist of:
(a)
An amount credited to the fund pursuant to ORS 305.690 to 305.753, which shall
be transferred by the Department of Revenue to the fund.
(b)
Gifts, grants and donations, in money or otherwise, for use as described in
subsection (2) of this section, which the State Treasurer may solicit and
accept from private and public sources and shall cause to be deposited and
credited to the Alzheimer’s Disease Research Fund.
(c)
Interest or other earnings on the amounts described in paragraphs (a) and (b)
of this subsection which shall inure to the benefit of the Alzheimer’s Disease
Research Fund.
(2)
Moneys contained in the Alzheimer’s Disease Research Fund are continuously
appropriated for the purpose of grants to the Alzheimer’s Disease Center of
Oregon, a cooperative venture between Oregon Health and Science University,
Good Samaritan Hospital and Medical Center, the United States Department of
Veterans Affairs and the Alzheimer’s Disease and Related Disorders Association
to carry out research on Alzheimer’s disease and related disorders. [1987 c.902
§3; 1989 c.987 §23; 1991 c.67 §113; 2007 c.822 §19]
Note:
431.855 and 431.860 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 431 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
431.860 Control of fund.
Oregon Health and Science University shall have access to and control of the
moneys held in the Alzheimer’s Disease Research Fund established under ORS
431.855 but shall use such moneys only for the purposes specified in ORS
431.855 (2). [1989 c.987 §24]
Note: See
note under 431.855.
MATERNAL MENTAL HEALTH
431.862 Maternal Mental Health Patient and
Provider Education Program; informational materials.
(1) The Maternal Mental Health Patient and Provider Education Program is
created in the Oregon Health Authority. The goal of the program is to identify
and address maternal mental health disorders and to prevent the associated
long-term negative outcomes from the disorders that result for women, children
and families.
(2)
The authority shall develop informational materials for health care providers
who serve pregnant and postpartum patients, including patients who have
experienced a post-pregnancy loss. The informational materials must be based on
the recommendations made in the report of the work group on maternal mental
health disorders pursuant to section 1, chapter 624, Oregon Laws 2009.
(3)
The authority shall post the informational materials developed under subsection
(2) of this section to the authority’s website to educate the public about
maternal mental health disorders. [2011 c.220 §1]
Note:
431.862 to 431.866 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 431 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
431.864 Dissemination of informational
materials. (1) Physicians, nurse midwives and
other licensed health care professionals who provide prenatal and postnatal
care to patients may provide to each patient, and family members of the
patient, if appropriate, the informational materials published by the authority
under ORS 431.862 or other maternal mental health education materials that are
approved by the authority.
(2)
Hospitals and other health care facilities that provide maternity care may give
postnatal and post-pregnancy loss patients, and family members of the patients,
if appropriate, prior to the discharge of the patient, the informational
materials published by the authority under ORS 431.862 or other maternal mental
health education materials that are approved by the authority. [2011 c.220 §2]
Note: See
note under 431.862.
431.866 Funding.
The Oregon Health Authority is authorized to apply for federal grants that are
available under 42 U.S.C. 280g-11, 711 and 712 or any other appropriate federal
funding source, and may solicit private gifts, grants or donations to carry out
the provisions of ORS 431.862. [2011 c.220 §3]
Note:
Section 4, chapter 220, Oregon Laws 2011, provides:
Sec. 4. (1)
Sections 1 [431.862] and 2 [431.864] of this 2011 Act become operative when the
Oregon Health Authority receives funding described in section 3 [431.866] of
this 2011 Act that is sufficient to carry out the provisions of section 1 of
this 2011 Act.
(2)
The authority may take any action before the operative date specified in
subsection (1) of this section to obtain the funding necessary to carry out the
provisions of section 1 of this 2011 Act.
(3)
Until the operative date specified in subsection (1) of this section, the
authority shall report on the status of funding requests made under this
section at each meeting of the interim Joint Committee on Ways and Means or to
each meeting of the Human Services Subcommittee of the interim Joint Committee
on Ways and Means. [2011 c.220 §4]
Note: See
note under 431.862.
TOXIC HOUSEHOLD PRODUCTS
431.870 Definitions for ORS 431.870 to
431.915. As used in ORS 431.870 to 431.915:
(1)
“Household product” means any product intended for use under any of the
following circumstances:
(a)
In, on or around any structure, vehicle, article, surface or area associated
with the household, including but not limited to nonagricultural outbuildings,
noncommercial greenhouses, pleasure boats and recreational vehicles.
(b)
In or around any preschool or child care facility.
(2)
“Task force” means the Poison Prevention Task Force.
(3)
“Toxic household product” means any product listed in ORS 431.885 that is
customarily produced or distributed for sale for use in or about the household
or is customarily stored by individuals in or about the household. [1991 c.915 §2;
1995 c.278 §54]
Note:
431.870 to 431.915 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 431 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
431.875 Legislative findings.
The Legislative Assembly finds that:
(1)
Most poisonings involve children under six years of age.
(2)
The federal Poison Prevention Packaging Act of 1970 requires child-resistant
safety packaging for various toxic household products in order to inhibit a
child’s ability to access poisonous substances. This effort, in conjunction
with the formation of poison control centers, education efforts, availability
of ipecac syrup for home treatment and labeling requirements, has significantly
reduced the number of poisonings. However, most poisonings occur while the
product is in use, rather than when stored, and many toxic household products
are exempt from the child-resistant safety packaging laws.
(3)
The National Safety Council, the American Medical Association and the American
Association of Poison Control Centers have noted that the addition of nontoxic
aversive agents to toxic household products may make these products so
unpalatable that many children reject the products upon, or shortly after,
tasting them. These organizations have urged manufacturers of toxic household
products to add nontoxic aversive agents to their products in addition to child
resistant closures in order that ingestion of these products may be reduced,
thus providing another means to prevent or mitigate severe poisonings.
(4)
Aversive agents are currently being used in various household products to
mitigate child poisonings. [1991 c.915 §1]
Note: See
note under 431.870.
431.880 Aversive agent required.
Any toxic household product that is listed in ORS 431.885 and is manufactured
on or after July 1, 1993, and sold in this state, shall include an aversive
agent approved by the Poison Prevention Task Force within the product in a
concentration so as to render the product unpalatable. [1991 c.915 §3]
Note: See
note under 431.870.
431.885 Toxic household products required
to comply with aversive agent requirement; exemptions.
(1) The following toxic household products must comply with ORS 431.880:
(a)
Antifreeze containing 10 percent or more ethylene glycol by weight.
(b)
Windshield washer fluid containing four percent or more methyl alcohol
(methanol) by weight.
(2)
The following toxic household products are exempted from the requirements of
ORS 431.880:
(a)
Pesticide products subject to registration under ORS chapter 634 or under the
Federal Insecticide, Fungicide, Rodenticide Act.
(b)
Any drug as defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C.§301
et seq.) or in ORS 689.005.
(c)
Products exempted under the provisions of section 7, chapter 915, Oregon Laws
1991. [1991 c.915 §4]
Note:
Section 7, chapter 915, Oregon Laws 1991, provides:
Sec. 7. (1) A
manufacturer shall apply to the Poison Prevention Task Force on or before April
1, 1993, for an exemption from the requirements of this Act [431.870 to
431.915] for a toxic household product that contains chemicals in which any
aversive agent would be nonsoluble, nondispersible, unstable or would interfere
with the safety or function of the product.
(2)
The task force may grant an exemption if the manufacturer demonstrates to the
task force, and the task force finds, that the toxic household product meets
the exemption criteria described in subsection (1) of this section. [1991 c.915
§7]
Note: See
note under 431.870.
431.887 Limitation on liability;
application. (1) A manufacturer, distributor or
seller of a toxic household product that is required to contain an aversive
agent under the provisions of ORS 431.880 is not liable to any person for any
personal injury, death or property damage that results from the inclusion of
the aversive agent in the toxic household product.
(2)
The limitation on liability provided by this section is only applicable if the
aversive agent is included in the toxic household product in concentrations
approved by the Poison Prevention Task Force.
(3)
The limitation on liability provided by this section does not apply if the
personal injury, death or property damage results from willful and wanton
misconduct by the manufacturer, distributor or seller of the toxic household
product. [1995 c.76 §2]
Note: See
note under 431.870.
431.890 Poison Prevention Task Force; members;
meetings; duties. (1) The Poison Prevention Task
Force is created in the Poison Center of the Oregon Health and Science
University and consists of five members as follows:
(a)
The Medical Director of the Oregon Poison Center or designee, who shall serve
as chairperson.
(b)
The Director of the Oregon Health Authority or a designee.
(c)
A pediatrician licensed under ORS chapter 677, appointed by the Governor.
(d)
A chemist from an academic institution, appointed by the Governor.
(e)
A representative of a manufacturer of toxic household products, appointed by
the Governor.
(2)
Each member shall serve without compensation.
(3)
The task force shall meet as considered necessary by the chairperson or on the
call of three members of the task force.
(4)
The task force shall meet for the purposes of reviewing, granting or denying
requests for exemptions from and extensions of the requirements of ORS 431.870
to 431.915.
(5)
The task force shall obtain and evaluate statewide poisoning incidence and
severity data over a period of every two years for the purpose of making
recommendations for the addition or deletion of products to ORS 431.885. [1991
c.915 §5; 2009 c.595 §596]
Note: See
note under 431.870.
431.895 Efficacy and toxicity data
available to task force; use; confidentiality of data.
(1) The Poison Prevention Task Force may request efficacy and toxicity data, or
other pertinent data it considers necessary, from the manufacturer of any toxic
household product. The information shall be made available by the manufacturer
to the task force upon request and shall remain confidential, if so requested.
(2)
The task force may request data from and utilize the technical expertise of
other state agencies or health care providers, or both, to evaluate the
incidence and severity of poisoning, drug overdose and toxic exposure. [1991
c.915 §8]
Note: See
note under 431.870.
431.900 Reports to legislature.
The Poison Prevention Task Force shall report to the Legislative Assembly as
necessary with recommendations for the addition or deletion of products from
the list set forth in ORS 431.885. The task force shall report to the
Legislative Assembly any additional recommended measures which shall include
reducing the incidence and severity of poisoning, poison prevention education
activities and child resistant closure effectiveness. [1991 c.915 §9]
Note: See
note under 431.870.
431.905 Enforcement by civil action;
injunction; damages; attorney fees. (1) Any
person may bring a civil action in a court of competent jurisdiction to enforce
the requirements of ORS 431.870 to 431.915. The court may grant injunctive
relief in any action brought pursuant to this section.
(2)
Punitive damages may also be awarded in any action brought pursuant to this
section.
(3)
The court may award reasonable attorney fees to the prevailing party in an
action under this section. [1991 c.915 §11; 1995 c.618 §70]
Note: See
note under 431.870.
431.910 Prohibited conduct.
(1) It is unlawful for any person to distribute or sell a toxic household
product or cause a toxic household product to be distributed or sold in this
state if it does not meet the requirements of ORS 431.870 to 431.915.
(2)
The prohibition contained in subsection (1) of this section does not apply to a
person engaged in the business of wholesale or retail distribution of a toxic
household product, unless the person is engaged in the manufacture of the
product, or has knowledge that a toxic household product which the person is
distributing or selling is in violation of ORS 431.870 to 431.915.
(3)
A distributor of a house brand shall not be considered a manufacturer for
purposes of filing an application for an extension pursuant to section 6,
chapter 915, Oregon Laws 1991, or for an exemption pursuant to section 7,
chapter 915, Oregon Laws 1991. Nothing in this subsection is intended to exempt
a distributor of a house brand from any other provisions of ORS 431.870 to
431.915. [1991 c.915 §10]
Note: See
first note under 431.885.
Note: See
note under 431.870.
431.915 Civil penalty for violation of ORS
431.870 to 431.915. (1) Any person who violates any
provision of ORS 431.870 to 431.915 shall be liable for a civil penalty not to
exceed $5,000 for each day of violation, which shall be assessed and recovered
in a civil action brought by the Oregon Health Authority.
(2)
All civil penalties collected pursuant to subsection (1) of this section shall
be deposited in the General Fund. [1991 c.915 §§12,13; 2009 c.595 §597]
Note: See
note under 431.870.
LEAD-BASED PAINT ACTIVITIES
431.917 Lead poisoning.
(1) Lead poisoning is a significant health concern because lead is a potent
neurotoxin that affects every system of the human body. It is harmful to
individuals of all ages and is especially harmful to children, fetuses and
women of childbearing age. Lead poisoning is one of the most common and
preventable pediatric health problems in Oregon.
(2)
Common renovation activities such as sanding, cutting and demolition can create
hazardous lead dust and chips by disturbing lead-based paint, which can be
harmful to adults and children.
(3)
The federal government assists states in preventing lead poisoning and reducing
lead hazards through:
(a)(A)
The Lead-Based Paint Poisoning Prevention Act;
(B)
The Lead Contamination Control Act of 1988;
(C)
The Safe Drinking Water Act; and
(D)
The Resource Conservation and Recovery Act of 1976.
(b)
Implementing regulations of:
(A)
The Department of Housing and Urban Development;
(B)
The Environmental Protection Agency;
(C)
The Occupational Safety and Health Administration; and
(D)
The Centers for Disease Control and Prevention.
(c)
The Residential Lead-Based Paint Hazard Reduction Act of 1992, which:
(A)
Requires that sellers and landlords of residential housing constructed before
1978 notify buyers and tenants of known lead-based paint hazards; and
(B)
Allows states to receive authorization from the Environmental Protection Agency
to provide for the accreditation of lead-based paint activities and renovation
training programs, the certification of persons completing training programs
and the certification of lead-based paint activities and renovation contractors
pursuant to standards developed by the agency. [2009 c.757 §1]
Note:
431.917 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 431 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
431.918 Definitions for ORS 431.920 and
431.922. As used in ORS 431.920 and 431.922:
(1)
“Certified” and “certification” means an action by the Oregon Health Authority
verifying the successful completion of a training program accredited by the
authority and any other requirements.
(2)
“Firm” has the meaning given that term in 40 C.F.R. 745.83 and as further
defined pursuant to the authorities described in ORS 431.917.
(3)
“Lead-based paint” has the meaning given that term in P.L. 102-550, section
1004, and as further defined pursuant to the authorities described in ORS
431.917.
(4)
“Lead-based paint activities” has the meaning given that term in 40 C.F.R.
745.223 and as further defined pursuant to the authorities described in ORS
431.917.
(5)
“Renovation” has the meaning given that term in 40 C.F.R. 745.83 and as further
defined pursuant to the authorities described in ORS 431.917. [2009 c.757 §2;
2009 c.828 §65]
Note:
431.918 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 431 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
431.920 Power of Oregon Health Authority
to regulate lead-based paint activities; fees.
(1) The Oregon Health Authority shall:
(a)
Certify firms and individuals to perform lead-based paint activities;
(b)
Certify firms to perform renovation;
(c)
Accredit training providers to provide lead-based paint activities and
renovation training;
(d)
Develop and approve training programs for lead-based paint activities and
renovation;
(e)
Establish standards based on best practices for the conduct of lead-based paint
inspections, risk assessment and abatement services, renovation activities that
disturb lead-based paint and the disposal of lead-based paint that are in
addition to, not inconsistent with and not in lieu of any other workplace
standards required by law;
(f)
Develop and conduct programs to screen blood lead levels, identify hazards and
educate the public, including but not limited to parents, residential dwelling
owners, pediatric medical providers and child care facility operators, about
the dangers of lead-based paint and about appropriate precautions that may
reduce the probability of childhood lead poisoning;
(g)
Adopt rules necessary to implement the provisions of this section and ORS
431.922 and 431.994; and
(h)
Establish fees sufficient to recover the costs of implementing the provisions
of this section and ORS 431.922 and 431.994, including but not limited to fees
for:
(A)
Certification and recertification to perform lead-based paint activities and
renovation; and
(B)
Accreditation and reaccreditation of lead-based paint training providers.
(2)
The Oregon Health Authority may:
(a)
Enter private or public 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 necessary to determine
compliance with ORS 431.922;
(b)
Issue subpoenas to determine compliance with ORS 431.922;
(c)
Suspend, revoke or modify a certification to perform lead-based paint
activities or renovation if the holder of the certification fails to comply
with state or federal statutes or regulations related to lead-based paint; and
(d)
Suspend, revoke or modify a certified renovator’s certification if the
renovator fails to comply with state or federal statutes or regulations related
to lead-based paint. [1995 c.795 §6; 2009 c.595 §598; 2009 c.828 §66]
Note:
431.920 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 431 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
431.922 Performance of lead-based paint
activities without certification prohibited. (1) An
individual may not perform or offer to perform, for compensation, lead-based
paint activities unless the individual is certified as provided under ORS
431.920 or is performing lead-based paint activities under the supervision of a
person certified under ORS 431.920.
(2)
A firm may not perform, or offer to perform, lead-based paint activities or
renovation unless the firm is certified as provided under ORS 431.920 or is
performing lead-based paint activities or renovation under the supervision of a
person certified under ORS 431.920. [2009 c.757 §4]
Note:
431.922 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 431 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
431.925 [1991
c.619 §1; renumbered 453.726 in 2011]
431.930 [1991
c.619 §2; renumbered 453.727 in 2011]
431.935 [1991
c.619 §§3,4; renumbered 453.728 in 2011]
431.940 [1991
c.619 §5; 1993 c.728 §2; 2007 c.856 §1; 2009 c.595 §599; renumbered 453.729 in
2011]
431.945 [1991
c.619 §§6,7; 2009 c.595 §600; renumbered 453.730 in 2011]
431.950 [1991
c.619 §§9,13; 2009 c.595 §601; renumbered 453.731 in 2011]
431.955 [1991
c.619 §11; 2009 c.595 §602; renumbered 453.732 in 2011]
PRESCRIPTION MONITORING PROGRAM
(Definitions)
431.960 Definitions for ORS 431.962 to 431.978
and 431.992. As used in ORS 431.962 to 431.978 and
431.992:
(1)
“Dispense” and “dispensing” have the meanings given those terms in ORS 689.005.
(2)
“Drug outlet” has the meaning given that term in ORS 689.005.
(3)
“Health professional regulatory board” has the meaning given that term in ORS
676.160.
(4)
“Practitioner” has the meaning given that term in ORS 689.005.
(5)
“Prescription” has the meaning given that term in ORS 475.005.
(6)
“Prescription drug” has the meaning given that term in ORS 689.005. [2009 c.799
§1]
Note:
431.960 to 431.978 and 431.992 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 431 or any series
therein by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
(Program)
431.962 Establishment of program; rules;
report to commission. (1)(a) The Oregon Health
Authority, in consultation with the Prescription Monitoring Program Advisory
Commission, shall establish and maintain a prescription monitoring program for
monitoring and reporting prescription drugs dispensed by pharmacies in Oregon
that are classified in schedules II through IV under the federal Controlled
Substances Act, 21 U.S.C. 811 and 812, as modified under ORS 475.035.
(b)(A)
To fulfill the requirements of this subsection, the authority shall establish,
maintain and operate an electronic system to monitor and report drugs described
in paragraph (a) of this subsection that are dispensed by prescription.
(B)
The system must operate and be accessible by practitioners and pharmacies 24
hours a day, seven days a week.
(C)
The authority may contract with a state agency or private entity to ensure the
effective operation of the electronic system.
(2)
In consultation with the commission, the authority shall adopt rules for the
operation of the electronic prescription monitoring program established under
subsection (1) of this section, including but not limited to standards for:
(a)
Reporting data;
(b)
Providing maintenance, security and disclosure of data;
(c)
Ensuring accuracy and completeness of data;
(d)
Complying with the federal Health Insurance Portability and Accountability Act
of 1996 (P.L. 104-191) and regulations adopted under it, including 45 C.F.R.
parts 160 and 164, federal alcohol and drug treatment confidentiality laws and
regulations adopted under those laws, including 42 C.F.R. part 2, and state
health and mental health confidentiality laws, including ORS 179.505, 192.517
and 192.553 to 192.581;
(e)
Ensuring accurate identification of persons or entities requesting information
from the database;
(f)
Accepting printed or nonelectronic reports from pharmacies that do not have the
capability to provide electronic reports; and
(g)
Notifying a patient, before or when a drug classified in schedules II through
IV is dispensed to the patient, about the prescription monitoring program and
the entry of the prescription in the system.
(3)
The authority shall submit an annual report to the commission regarding the
prescription monitoring program established under this section. [2009 c.799 §2;
2011 c.720 §184]
Note: See
note under 431.960.
431.964 Duty of pharmacy to report to
program; exceptions. (1) Not later than one week
after dispensing a prescription drug subject to the prescription monitoring
program established under ORS 431.962, a pharmacy shall electronically report
to the Oregon Health Authority the:
(a)
Name, address and date of birth of the patient;
(b)
Identification of the pharmacy dispensing the prescription drug;
(c)
Identification of the practitioner who prescribed the drug;
(d)
Identification of the prescription drug by a national drug code number;
(e)
Date of origin of the prescription;
(f)
Date the drug was dispensed; and
(g)
Quantity of drug dispensed.
(2)
Notwithstanding subsection (1) of this section, the authority may not:
(a)
Require the reporting of prescription drugs administered directly to a patient
or dispensed pursuant to ORS 127.800 to 127.897; or
(b)
Collect or use Social Security numbers in the prescription monitoring program.
(3)
Upon receipt of the data reported pursuant to subsection (1) of this section,
the authority shall record the data in the electronic system operated pursuant
to the prescription monitoring program.
(4)(a)
The authority may grant a pharmacy a waiver of the electronic submission
requirement of subsection (1) of this section for good cause as determined by
the authority. The waiver shall state the format, method and frequency of the
alternate nonelectronic submissions from the pharmacy and the duration of the
waiver.
(b)
As used in this subsection, “good cause” includes financial hardship.
(5)
This section does not apply to pharmacies in institutions as defined in ORS
179.010. [2009 c.799 §3; 2011 c.720 §185]
Note: See
note under 431.960.
431.966 Disclosure of information;
corrections; records; immunity from liability.
(1)(a) Except as provided under subsection (2) of this section, prescription
monitoring information submitted under ORS 431.964 to the prescription
monitoring program established in ORS 431.962:
(A)
Is protected health information under ORS 192.553 to 192.581.
(B)
Is not subject to disclosure pursuant to ORS 192.410 to 192.505.
(b)
Except as provided under subsection (2)(a)(D) of this section, prescription
monitoring information submitted under ORS 431.964 to the prescription
monitoring program may not be used to evaluate a practitioner’s professional
practice.
(2)(a)
If a disclosure of prescription monitoring information complies with the
federal Health Insurance Portability and Accountability Act of 1996 (P.L.
104-191) and regulations adopted under it, including 45 C.F.R. parts 160 and
164, federal alcohol and drug treatment confidentiality laws and regulations
adopted under those laws, including 42 C.F.R. part 2, and state health and
mental health confidentiality laws, including ORS 179.505, 192.517 and 192.553
to 192.581, the Oregon Health Authority shall disclose the information:
(A)
To a practitioner or pharmacist who certifies that the requested information is
for the purpose of evaluating the need for or providing medical or
pharmaceutical treatment for a patient to whom the practitioner or pharmacist
anticipates providing, is providing or has provided care.
(B)
To designated representatives of the authority or any vendor or contractor with
whom the authority has contracted to establish or maintain the electronic
system of the prescription monitoring program.
(C)
Pursuant to a valid court order based on probable cause and issued at the
request of a federal, state or local law enforcement agency engaged in an
authorized drug-related investigation involving a person to whom the requested
information pertains.
(D)
To a health professional regulatory board that certifies in writing that the
requested information is necessary for an investigation related to licensure,
renewal or disciplinary action involving the applicant, licensee or registrant
to whom the requested information pertains.
(E)
To a prescription monitoring program of another state if the confidentiality,
security and privacy standards of the requesting state are determined by the
authority to be equivalent to those of the authority.
(b)
The authority may disclose information from the prescription monitoring program
that does not identify a patient, practitioner or drug outlet:
(A)
For educational, research or public health purposes; and
(B)
To officials of the authority who are conducting special epidemiologic
morbidity and mortality studies in accordance with ORS 432.060 and rules
adopted under ORS 431.110.
(c)
The authority shall disclose information relating to a patient maintained in
the electronic system operated pursuant to the prescription monitoring program
established under ORS 431.962 to that patient at no cost to the patient within
10 business days after the authority receives a request from the patient for
the information.
(d)(A)
A patient may request the authority to correct any information about the
patient that is erroneous. The authority shall grant or deny a request to
correct information within 10 business days after the authority receives the
request.
(B)
If the authority denies a patient’s request to correct information under this
paragraph, or fails to grant a patient’s request to correct information under
this paragraph within 10 business days after the authority receives the
request, the patient may appeal the denial or failure to grant the request.
Upon receipt of an appeal under this subparagraph, the authority shall conduct
a contested case hearing as provided in ORS chapter 183. Notwithstanding ORS
183.450, in the contested case hearing, the authority has the burden of
establishing that the information included in the prescription monitoring
program is correct.
(e)
The information in the prescription monitoring program may not be used for any
commercial purpose.
(f)
In accordance with ORS 192.553 to 192.581 and federal privacy regulations, any
person authorized to prescribe or dispense a prescription drug and who is
entitled to access a patient’s prescription monitoring information may discuss
or release the information to other health care providers involved with the
patient’s care, in order to provide safe and appropriate care coordination.
(3)(a)
The authority shall maintain records of the information disclosed through the
prescription monitoring program including, but not limited to:
(A)
The identity of each person who requests or receives information from the
program and the organization, if any, the person represents;
(B)
The information released to each person or organization; and
(C)
The date and time the information was requested and the date and time the
information was provided.
(b)
Records maintained as required by this subsection may be reviewed by the
Prescription Monitoring Program Advisory Commission.
(4)
Information in the prescription monitoring program that identifies an
individual patient must be removed no later than three years from the date the
information is entered into the program.
(5)
The authority shall notify the Attorney General and each affected individual of
an improper disclosure of information from the prescription monitoring program.
(6)(a)
If the authority or a person or entity required to report or authorized to
receive or release controlled substance prescription information under this
section violates this section or ORS 431.964 or 431.968, a person injured by
the violation may bring a civil action against the authority, person or entity
and may recover damages in the amount of $1,000 or actual damages, whichever is
greater.
(b)
Notwithstanding paragraph (a) of this subsection, the authority and a person or
entity required to report or authorized to receive or release controlled
substance prescription information under this section are immune from civil liability
for violations of this section or ORS 431.964 or 431.968 unless the authority,
person or entity acts with malice, criminal intent, gross negligence,
recklessness or willful intent.
(7)
Nothing in ORS 431.962 to 431.978 and 431.992 requires a practitioner or
pharmacist who prescribes or dispenses a prescription drug to obtain
information about a patient from the prescription monitoring program. A
practitioner or pharmacist who prescribes or dispenses a prescription drug may
not be held liable for damages in any civil action on the basis that the
practitioner or pharmacist did or did not request or obtain information from
the prescription monitoring program. [2009 c.799 §4; 2011 c.720 §186]
Note: See
note under 431.960.
431.968 Duty of pharmacist to fill
prescription. A pharmacist may not refuse to fill a
valid prescription solely because the pharmacist cannot receive patient
information from the prescription monitoring program established under ORS
431.962 at the time the patient requests that the prescription be filled. [2009
c.799 §5]
Note: See
note under 431.960.
431.970 Reports to health professional
regulatory boards. If a practitioner or pharmacist
authorized to obtain controlled substance prescription information from the
prescription monitoring system established under ORS 431.962 discloses or uses
information obtained from the system in violation of ORS 431.966, the Oregon
Health Authority shall report the individual to the appropriate health
professional regulatory board. [2009 c.799 §7; 2011 c.720 §187]
Note: See
note under 431.960.
431.972 Fees.
(1) As used in this section, “board” means:
(a)
The Oregon Medical Board;
(b)
The Oregon Board of Dentistry;
(c)
The Oregon Board of Naturopathic Medicine;
(d)
The Oregon State Board of Nursing;
(e)
The Oregon Board of Optometry; and
(f)
The State Board of Pharmacy.
(2)(a)
In addition to other licensing fees imposed by a board on licensees, a board
shall adopt rules imposing a fee of $25 per year on each person licensed by the
board who is authorized to prescribe or dispense controlled substances. A board
shall collect the fee at the same time the board collects other licensing fees
imposed on licensees.
(b)
A board shall retain 10 percent of the fees collected under paragraph (a) of
this subsection to cover the costs of accounting and collection of the fees.
(c)
On the first day of each calendar quarter, a board shall transmit 90 percent of
the fees collected under paragraph (a) of this subsection during the preceding
calendar quarter to the Electronic Prescription Monitoring Fund established in
ORS 431.974. [2009 c.799 §8]
Note: See
note under 431.960.
431.974 Electronic Prescription Monitoring
Fund. (1) The Electronic Prescription
Monitoring Fund is established in the State Treasury, separate and distinct
from the General Fund. The Electronic Prescription Monitoring Fund consists of
moneys transmitted to the fund under ORS 431.972 and any other moneys deposited
in accordance with law. Interest earned by the fund shall be credited to the
fund. Moneys in the fund are continuously appropriated to the Oregon Health
Authority for the purpose of carrying out the provisions of ORS 431.962 to
431.978 and 431.992.
(2)
The authority may accept grants, donations, gifts or moneys from any source for
deposit into the fund established by this section. [2009 c.799 §11; 2011 c.720 §188]
Note: See
note under 431.960.
(Commission)
431.976 Prescription Monitoring Program
Advisory Commission; purposes; members. (1) The
Prescription Monitoring Program Advisory Commission is created for the purposes
of:
(a)
Studying issues related to the prescription monitoring program established
under ORS 431.962;
(b)
Reviewing the program’s annual report and making recommendations to the Oregon
Health Authority regarding the operation of the program; and
(c)
Developing criteria used to evaluate program data.
(2)
The commission shall consist of 11 members appointed by the authority as
follows:
(a)
A person nominated by the Pain Management Commission;
(b)
A person who dispenses controlled substances nominated by an association
representing pharmacists;
(c)
A practicing dentist nominated by an association representing dentists;
(d)
A practicing physician nominated by an association representing physicians;
(e)
A practicing doctor of osteopathy nominated by an association representing
osteopathic physicians and surgeons;
(f)
A nurse authorized to prescribe controlled substances nominated by an
association representing nurses;
(g)
A practicing naturopathic physician nominated by an association representing
naturopathic physicians;
(h)
A practicing optometrist, nominated by an association representing
optometrists;
(i)
A representative of the authority with expertise in administering addiction
services; and
(j)
Two members of the public, one of whom must be an expert in information
technology. [2009 c.799 §9; 2011 c.720 §189]
Note: See
note under 431.960.
431.978 Term; meetings; rules; quorum;
expenses. (1) The term of office of each member
of the Prescription Monitoring Program Advisory Commission is four years, but a
member serves at the pleasure of the Oregon Health Authority. Before the
expiration of the term of a member, the 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 authority shall make an
appointment to become immediately effective.
(2)
The commission shall elect one of its members to serve as chairperson.
(3)
The commission shall meet at least once annually at a time and place specified
by the chairperson of the commission. The commission may meet at other times
and places specified by the call of the chairperson or of a majority of the
members of the commission.
(4)
The commission may adopt rules necessary for the operation of the commission.
(5)
A majority of the members of the commission constitutes a quorum for the
transaction of business.
(6)
Official action by the commission requires the approval of a majority of the
members of the commission.
(7)
The authority shall provide staff support to the commission.
(8)
Members of the commission are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses incurred by them
in the performance of their official duties in the manner and amounts provided
for in ORS 292.495. Claims for expenses incurred in performing functions of the
commission shall be paid out of funds appropriated to the authority for that
purpose.
(9)
All agencies of state government, as defined in ORS 174.111, are directed to
assist the commission in the performance of its duties and, to the extent
permitted by laws relating to confidentiality, to furnish such information and
advice as the members of the commission consider necessary to perform their
duties. [2009 c.799 §10; 2011 c.720 §190]
Note: See
note under 431.960.
Note:
Section 12, chapter 799, Oregon Laws 2009, provides:
Sec. 12.
Notwithstanding the term of office specified by section 10 of this 2009 Act
[431.978], the members first appointed to the Prescription Monitoring Program
Advisory Commission shall determine by lot at the first meeting of the
commission the initial terms of office for commission members as follows:
(1)
Three shall serve for a term ending July 1, 2010.
(2)
Four shall serve for a term ending on July 1, 2011.
(3)
Four shall serve for a term ending on July 1, 2012. [2009 c.799 §12]
PENALTIES
431.990 Penalties.
Unless otherwise specifically provided by any other statute, failure to obey
any rules relating to public health of the Oregon Health Authority or failure
to obey any lawful written order relating to public health issued by the
Director of the Oregon Health Authority or any district or county public health
administrator is a Class A misdemeanor. [Amended by 1959 c.629 §46; 1961 c.610 §15;
1973 c.408 §34; 1973 c.829 §33; 1977 c.582 §32; 2001 c.900 §153; 2009 c.595 §603]
431.992 Civil penalty for violation of ORS
431.964 to 431.968. (1) In addition to any other
penalty provided by law, the Attorney General may impose a civil penalty not to
exceed $10,000 for each violation of ORS 431.964, 431.966 or 431.968. Each
improper release of information from the prescription monitoring program in
violation of ORS 431.966 is a separate violation.
(2)
Civil penalties under this section shall be imposed as provided in ORS 183.745.
(3)
The Department of Justice may adopt rules as required to carry out the
provisions of this section.
(4)
Penalties recovered under this section shall be paid into the State Treasury
and credited to the General Fund. [2009 c.799 §6]
Note: See
note under 431.960.
431.994 Civil penalty for violation of ORS
431.920 or 431.922. (1) Any person who violates any
provision of, or any rule adopted under, ORS 431.920 or 431.922 shall forfeit
and pay to the Public Health Account established under ORS 431.210 a civil
penalty of not more than $5,000 for each violation. Moneys paid to the Public
Health Account under this section may be used only for the purposes of lead
poisoning prevention, including consumer and industry outreach, public
education, blood lead screening and other activities.
(2)
Civil penalties under this section shall be imposed as provided in ORS 183.745.
(3)
A civil penalty imposed under this section is in addition to and not in lieu of
any other penalty or sanction provided by law.
(4)
The Oregon Health Authority shall report all civil penalties or sanctions
imposed under this section or a rule adopted under ORS 431.920 to each of the
following state agencies:
(a)
The Construction Contractors Board;
(b)
The Occupational Safety and Health Division of the Department of Consumer and
Business Services; and
(c)
The Department of Environmental Quality. [2009 c.757 §5; 2009 c.828 §67]
Note:
431.994 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 431 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
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