ORS § 450.075 — OR Code / Title 36 / Chapter 450 / Section 450.075
450.075 Powers of sanitary district
Status: in_force

A sanitary district may:

(1) Have and use a common seal.

(2) Sue and be sued in its name.

(3) Acquire, construct, reconstruct, alter, enlarge, renew, replace, operate and maintain such sewage collection and disposal systems as in the judgment of the board are necessary and proper for the area of the district. In the performance of these functions, either in or out of the district, it may join with any other public body as defined in ORS 174.109 (“Public body” defined) , a federal agency or another state in the joint establishment, maintenance and operation of such works, and may contract therefor within the limits of authority conferred by ORS 450.005 (Definitions for ORS 450.005 to 450.245) to 450.245 (Application of ORS 450.005 to 450.245 to districts organized under former laws) .

(4) Permit the use, by lease or otherwise, of any property of the district by any other public body as defined in ORS 174.109 (“Public body” defined) , a federal agency or another state.

(5) Acquire by purchase, gift, devise, condemnation proceedings or otherwise, such real and personal property and rights of way, either within or without the limits of the district, as in the judgment of the board are necessary or proper to the exercise of its powers, and to pay for and hold the same.

(6) Make and accept contracts, deeds, releases and documents that, in the judgment of the board, are necessary or proper in the exercise of any of the powers of the district.

(7) Issue bonds as provided in ORS 450.095 (Bond election) to 450.125 (Payment of bonds) .

(8) Determine the rate of levy of taxes in the district, and fix sewer rentals, charges and assessments as provided in ORS 450.130 (Sewer service charges) to 450.175 (Collection of taxes) .

(9) Employ and pay necessary agents, employees and assistants.

(10) Lay its sewers and drains in any public street or road in the county, and for this purpose enter upon it and make all necessary and proper excavations, restoring it to its proper condition. However, the consent of the proper city, county or state authorities, as the case may be, shall first be obtained and the conditions of such consent complied with.

(11) Maintain and operate disposal sites and solid waste collection and disposal systems in compliance with ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665) to 459.437 (Requirements for sale or promotion of mercuric oxide batteries) , 459.992 (Criminal penalties) (1) and (2) and 466.995 (Criminal penalties) (1).

(12) Call all necessary elections.

(13) Compel all residents and property owners in the district to connect their houses and structures requiring sewage or drainage disposal with adjacent street sewers, drains or other sewage disposal system of the district.

(14) Do any act necessary or proper to the complete exercise and effect of any of its powers or for the purposes for which it was formed.

(15) Make and enforce all necessary and proper regulations for:

(a) The cleanliness of roads and streets of the district.

(b) All other sanitary purposes not in conflict with the laws of this state.

(16) Make and enforce necessary and proper regulations governing the storage, collection, transportation and disposal of solid wastes where such regulations are supplemental to the requirements of the Environmental Quality Commission adopted pursuant to ORS 459.045 (Rules) and are necessary to meet special local conditions. [Amended by 1967 c.428 §13; 1969 c.563 §12; 1969 c.593 §38; 1971 c.36 §6; 1971 c.647 §86; 1971 c.648 §25; 1983 c.350 §266; 2001 c.104 §187; 2003 c.802 §116]

Source: Section 450.075 — Powers of sanitary district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 441.768 — OR Code / Title 36 / Chapter 441 / Section 441.768
441.768 Staffing ratios for certified nursing assistants
Status: in_force

A hospital may not assign a certified nursing assistant to more than seven patients at a time during a day or evening shift or to more than 11 patients at a time during a night shift. [2023 c.507 §8]

Note: See note under 441.761 (Nurse Staffing Advisory Board) .

Source: Section 441.768 — Staffing ratios for certified nursing assistants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 441.412 — OR Code / Title 36 / Chapter 441 / Section 441.412
441.412 Immunity of employees
Status: in_force

(1) Any employee or agent of a long term care facility acting in good faith in discussing resident care pursuant to ORS 441.408 (Right of entry into facilities and access to records) shall have immunity from any civil liability that might otherwise be incurred or imposed with respect to the making of such report.

(2) Any employee or agent who makes a report pursuant to ORS 441.408 (Right of entry into facilities and access to records) may not be subjected to any retaliation by any official or other employee of a long term care facility solely for making a report, including but not limited to restriction of otherwise lawful access to the facility or to any resident of the facility, or, if an employee, to dismissal or harassment.

(3) The Long Term Care Ombudsman or the designee acting in good faith in discussing resident care pursuant to ORS 441.408 (Right of entry into facilities and access to records) shall have immunity from any civil liability, that might otherwise be incurred or imposed with respect to the discussion. [Formerly 441.127; 2017 c.441 §17]

Source: Section 441.412 — Immunity of employees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 450.825 — OR Code / Title 36 / Chapter 450 / Section 450.825
450.825 Plan for sewage disposal and drainage to be developed by authority
Status: in_force

As soon as practicable after the election of the first members of the board, the board shall make a study and survey of the existing sewage disposal facilities and systems in the authority and of its sewage disposal needs, both present and future, and prepare an overall coordinated plan for the authority which incorporates, so far as practicable, existing sewage disposal and drainage systems, future sewage treatment plants, including connecting trunk and lateral sewers, and future drainage systems. Such plan shall be revised from time to time as circumstances may require. In preparing the plan or revisions thereto, the board shall take into consideration expected fluctuations in population and in business and industrial activity. [1955 c.614 §28]

Source: Section 450.825 — Plan for sewage disposal and drainage to be developed by authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 432.510 — OR Code / Title 36 / Chapter 432 / Section 432.510
432.510 Cancer and tumor registry system
Status: in_force

(1) The Oregon Health Authority shall establish a uniform, statewide, population-based registry system for the collection of information determining the incidence of cancer and benign or borderline tumors of the brain and central nervous system and related data. The purpose of the registry is to provide information to design, target, monitor, facilitate and evaluate efforts to determine the causes or sources of cancer and benign or borderline tumors among the residents of this state and to reduce the burden of cancer and benign or borderline tumors in this state. Such efforts may include but are not limited to:

(a) Targeting populations in need of cancer screening services or evaluating screening or other cancer control services;

(b) Supporting the operation of hospital registries in monitoring and upgrading the care and the end results of treatment for cancer and benign or borderline tumors;

(c) Investigating suspected clusters or excesses of cancer and benign or borderline tumors both in occupational settings and in the state’s environment generally;

(d) Conducting studies to identify cancer hazards to the public health and cancer hazard remedies; and

(e) Projecting the benefits or costs of alternative policies regarding the prevention or treatment of cancer and benign or borderline tumors.

(2) The authority shall adopt rules necessary to carry out the purposes of ORS 432.510 (Cancer and tumor registry system) to 432.550 (Action for damages) and 432.900 (Civil penalty) , including but not limited to designating which types of cancer and benign or borderline tumors of the brain and central nervous system are reportable to the statewide registry, the data to be reported, the data reporting standards and format and the effective date after which reporting by health care facilities, clinical laboratories and practitioners shall be required. When adopting rules under this subsection, the authority shall, to the greatest extent practicable, conform the rules to the standards and procedures established by the American College of Surgeons Commission on Cancer, with the goal of achieving uniformity in the collection and reporting of data.

(3) The authority shall:

(a) Conduct a program of epidemiologic analyses of registry data collected under subsection (1) of this section to assess control, prevention, treatment and causation of cancer and benign or borderline tumors in this state; and

(b) Utilize the data to promote, facilitate and evaluate programs designed to reduce the burden of cancer and benign or borderline tumors among the residents of Oregon.

(4) The authority shall:

(a) Collaborate in studies of cancer and benign or borderline tumors with clinicians and epidemiologists and publish reports on the results of such studies; and

(b) Cooperate with the National Institutes of Health and the Centers for Disease Control and Prevention in providing incidence data for cancer and benign or borderline tumors.

(5) The authority shall establish a training program for the personnel of participating health care facilities and a quality control program for data for cancer and benign or borderline tumors reported to the state registry.

(6) The authority may contract with a public or private third party to:

(a) Operate or maintain the statewide registry; and

(b) Fulfill the authority’s duties under subsections (3) to (5) of this section. [1995 c.585 §2; 2003 c.269 §2; 2007 c.71 §121; 2009 c.595 §619; 2017 c.101 §36; 2018 c.98 §13; 2019 c.456 §29]

Note: See note under 432.500 (Definitions) .

Source: Section 432.510 — Cancer and tumor registry system; purpose; rulemaking; duties of Oregon Health Authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors432.­html (accessed May 26, 2025).
ORS § 441.790 — OR Code / Title 36 / Chapter 441 / Section 441.790
441.790 Process for filing complaint
Status: in_force

(1) As used in this section, “employee” and “exclusive representative” have the meanings given those terms in ORS 653.258 (Enforcement of rules regarding meal periods and rest periods for hospital staff) .

(2) The Oregon Health Authority shall implement a process for an employee or an employee’s exclusive representative to file a complaint against a hospital under ORS 653.258 (Enforcement of rules regarding meal periods and rest periods for hospital staff) (2)(a) for missed meal periods and rest periods.

(3) The authority shall forward to the Commissioner of the Bureau of Labor and Industries any complaint filed under this section no later than 14 days after the complaint is filed.

(4) No later than 30 days after receiving a complaint under this section, the authority shall provide notice of the filing of the complaint to the following:

(a) The hospital;

(b) The cochairs of the relevant staffing committee established pursuant to ORS 441.762 (Hospital nurse staffing committee) , 441.775 (Hospital professional and technical staffing committee) or 441.776 (Hospital service staffing committee) ; and

(c) The exclusive representative, if any, of the employee filing the complaint. [2023 c.507 §12]

Note: See note under 441.761 (Nurse Staffing Advisory Board) .

Source: Section 441.790 — Process for filing complaint , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 443.007 — OR Code / Title 36 / Chapter 443 / Section 443.007
443.007 Disqualification of individuals found to have committed abuse
Status: in_force

(1) As used in this section:

(a) “Abuse” has the meaning given that term in ORS 430.735 (Definitions for ORS 430.735 to 430.765) .

(b) “Facility” means:

(A) A residential training facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) ; or

(B) A residential training home as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) .

(c) “Subject individual” has the meaning given that term in ORS 181A.195 (Criminal records check) .

(2) The Department of Human Services shall adopt rules to specify the types of abuse that disqualify a subject individual from working at a facility and the subject individuals associated with a facility to whom the disqualification may apply.

(3) Notwithstanding any other provision of law, if the department substantiates allegations of abuse specified under subsection (2) of this section, the subject individual found to have committed the abuse may not be hired or retained as an employee at a facility in a position that is funded in whole or in part by public funds.

(4) A subject individual found to have committed a type of abuse specified by the department under subsection (2) of this section is not entitled to a fitness determination under ORS 181A.195 (Criminal records check) . [2017 c.378 §1]

Note: See second note under 443.001 (Quality Care Fund) .

Source: Section 443.007 — Disqualification of individuals found to have committed abuse; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 453.235 — OR Code / Title 36 / Chapter 453 / Section 453.235
453.235 Distribution of material containing toxic substances
Status: in_force

(1) No person shall distribute any art or craft material containing toxic substances causing chronic illness on which the person:

(a) Has failed to affix a conspicuous label containing the signal word “WARNING,” to alert users of potential adverse health effects.

(b) Has failed to affix a conspicuous label warning of the health-related dangers of the art or craft material. If a product contains:

(A) A human carcinogen, the warning shall contain the statement: “CANCER HAZARD! Overexposure may create cancer risk.”

(B) A potential human carcinogen and does not contain a human carcinogen, the warning shall contain the statement: “POSSIBLE CANCER HAZARD! Overexposure might create cancer risk.”

(C) A toxic substance causing chronic illness, the warning shall contain, but not be limited to, the following statement or statements where applicable:

(i) “May cause sterility or damage to reproductive organs.”

(ii) “May cause birth defects or harm to developing fetus.”

(iii) “May be excreted in human milk causing harm to nursing infant.”

(iv) “May cause central nervous system depression or injury.”

(v) “May cause numbness or weakness in the extremities.”

(vi) “Overexposure may cause damage to (specify organ).”

(vii) “Heating above (specify degrees) may cause hazardous decomposition products.”

(D) More than one chronically toxic substance, or if a single substance can cause more than one chronic health effect, the required statements may be combined into one warning statement.

(c) Has failed to affix on the label a list of ingredients that are toxic substances causing chronic illness.

(d) Has failed to affix on the label a statement or statements of safe use and storage instructions, conforming to the following list. The label shall contain, but not be limited to, as many of the following risk statements as are applicable:

(A) “Keep out of reach of children.”

(B) “When using, do not eat, drink or smoke.”

(C) “Wash hands after use and before eating, drinking or smoking.”

(D) “Keep container tightly closed.”

(E) “Store in well-ventilated area.”

(F) “Avoid contact with skin.”

(G) “Wear protective clothing (specify type).”

(H) “Wear National Institute of Occupational Safety and Health (NIOSH) certified masks for dusts, mists or fumes.”

(I) “Wear NIOSH certified respirator with appropriate cartridge for (specify type).”

(J) “Wear NIOSH certified supplied air respirator.”

(K) “Use window exhaust fan to remove vapors and ensure adequate ventilation (specify explosion proof if necessary).”

(L) “Use local exhaust hood (specify type).”

(M) “Do not heat above (specify degrees) without adequate ventilation.”

(N) “Do not use or mix with (specify material).”

(e) Has failed to affix on the label a statement on where to obtain more information, such as “call your local poison control center for more health information.”

(f) Has failed to affix on the label the name and address of the manufacturer.

(2) Intentionally left blank —Ed.

(a) If the information listed in subsection (1)(d) of this section cannot fit on the package label, a package insert shall be required to convey all the necessary information to the consumer. In this event, the label shall contain a statement to refer to the package insert, such as “CAUTION: See package insert before use.” The language on this insert shall be nontechnical and nonpromotional in tone and content.

(b) For purposes of this subsection, “package insert” means a display of written, printed or graphic matter upon a leaflet or suitable material accompanying the art supply.

(3) The requirements set forth in this section shall not be considered to be complied with unless the required words, statements or other information appear on the outside container or wrapper, or on a package insert that is easily legible through the outside container or wrapper and is painted in a color in contrast with the product or the package containing the product.

(4) The Oregon Health Authority may exempt a material from full compliance with ORS 453.205 (Definitions for ORS 453.205 to 453.275) to 453.275 (Civil penalty) . In considering this exemption, the authority shall take into consideration the potential for reasonably foreseeable misuse of a material by a child.

(5) If an art or craft material complies with labeling standards D-4236 of the American Society for Testing and Materials (ASTM), the material complies with the provisions of ORS 453.205 (Definitions for ORS 453.205 to 453.275) to 453.275 (Civil penalty) , unless the authority determines that the label on an art or craft material does not satisfy the purposes of ORS 453.205 (Definitions for ORS 453.205 to 453.275) to 453.275 (Civil penalty) . [1985 c.539 §4; 2003 c.14 §277; 2009 c.595 §892]

Source: Section 453.235 — Distribution of material containing toxic substances; warnings required; exemptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 433.001 — OR Code / Title 36 / Chapter 433 / Section 433.001
433.001 Definitions for ORS 433.001 to 433.045 and 433.110 to 433.770
Status: in_force

As used in ORS 433.001 (Definitions for ORS 433.001 to 433.045 and 433.110 to 433.770) to 433.045 (Notice of HIV test required) and 433.110 (Duty to prevent spread of communicable diseases) to 433.770 (Enforcement) unless the context requires otherwise:

(1) “Communicable disease” has the meaning given that term in ORS 431A.005 (Definitions) .

(2) “Control” means a person without a reportable disease about whom information is collected for purposes of comparison to a person or persons with the reportable disease.

(3) “Disease outbreak” has the meaning given that term in ORS 431A.005 (Definitions) .

(4) “Epidemic” has the meaning given that term in ORS 431A.005 (Definitions) .

(5) “Health care provider” has the meaning given that term in ORS 433.443 (Authority of Public Health Director during public health emergency) .

(6) “Individually identifiable health information” has the meaning given that term in ORS 433.443 (Authority of Public Health Director during public health emergency) .

(7) “Isolation” means the physical separation and confinement of a person or group of persons who are infected or reasonably believed to be infected with a communicable disease or possibly communicable disease from nonisolated persons to prevent or limit the transmission of the disease to nonisolated persons.

(8) “Local public health administrator” has the meaning given that term in ORS 431.003 (Definitions) .

(9) “Property” means animals, inanimate objects, vessels, public conveyances, buildings and all other real or personal property.

(10) “Public health measure” has the meaning given that term in ORS 431A.005 (Definitions) .

(11) “Quarantine” means the physical separation and confinement of a person or group of persons who have been or may have been exposed to a communicable disease or possibly communicable disease and who do not show signs or symptoms of a communicable disease, from persons who have not been exposed to a communicable disease or possibly communicable disease, to prevent or limit the transmission of the disease to other persons.

(12) “Reportable disease” has the meaning given that term in ORS 431A.005 (Definitions) .

(13) “Simultaneous electronic transmission” means transmission by television, telephone or any other electronic or digital means if the form of transmission allows:

(a) The court and the person making the appearance to communicate with each other during the proceeding; and

(b) A person who is represented by legal counsel to consult privately with the person’s attorney during the proceeding.

(14) “Toxic substance” has the meaning given that term in ORS 431A.005 (Definitions) . [1973 c.259 §2; 1987 c.600 §1; 2001 c.900 §155; 2007 c.445 §6; 2009 c.268 §1; 2009 c.595 §624; 2011 c.721 §1; 2015 c.736 §76]

Source: Section 433.001 — Definitions for ORS 433.001 to 433.045 and 433.110 to 433.770 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 443.880 — OR Code / Title 36 / Chapter 443 / Section 443.880
443.880 Responsibilities of residential facility regarding property of resident
Status: in_force

(1) The admission of a person to a residential facility shall not act to create in the facility, its owner, administrator or employee any authority to manage, use or dispose of any property of the resident, or any authority or responsibility for the personal affairs of the person, except as may be necessary for the safety and orderly management of the facility and as may be required by this section.

(2) No owner, administrator or employee of a residential facility may act as guardian, conservator, trustee or attorney in fact for any resident of the facility unless the resident is related to the owner, administrator or employee within the third degree of consanguinity. This subsection shall not prevent the owner, administrator or employee of a residential facility from acting as a representative payee for the resident.

(3) A residential facility shall provide for the safekeeping of personal effects, funds and other property of its residents.

(4) A residential facility shall keep complete and accurate records of all funds and other property of its residents received by the facility for safekeeping.

(5) Any funds or other property belonging to or due to a resident of a residential facility which are received by a residential facility shall be held in trust and shall be held separate from the funds and property of the facility and shall be used only for the account of the resident. Upon request, the facility shall furnish the resident a complete and certified statement of all funds or other property to which this section applies, detailing the amounts and items received, together with their sources and disposition.

(6) For the purposes of this section, “residential facility” means a domiciliary care facility as defined by ORS 443.205 (Definitions for ORS 443.215 and 443.225) , a long term care facility as defined by ORS 442.015 (Definitions) , a residential facility as defined by ORS 443.400 (Definitions for ORS 443.400 to 443.455) , an adult foster home as defined by ORS 443.705 (Definitions for ORS 443.705 to 443.825) and any residential facility required to be registered under ORS 443.480 (Definitions for ORS 443.480 to 443.500) to 443.500 (Investigation of registered facilities) . [1991 c.413 §1; 1997 c.249 §144]

Source: Section 443.880 — Responsibilities of residential facility regarding property of resident , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 441.585 — OR Code / Title 36 / Chapter 441 / Section 441.585
441.585 Disposition of excess earnings
Status: in_force

The earnings of the authority in excess of the amount required for the retirement of indebtedness or the accomplishment of the purposes stated in ORS 441.525 (Definitions for ORS 441.525 to 441.595) to 441.595 (Construction of ORS 441.525 to 441.595) shall not inure to the benefit of any person or body other than the municipality creating the authority. Upon dissolution of an authority, any assets remaining after provision for payment of the obligations and expenses of the authority shall become the assets of the municipality. [1973 c.153 §13; 1977 c.201 §6]

Source: Section 441.585 — Disposition of excess earnings; disposition of assets on dissolution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 441.630 — OR Code / Title 36 / Chapter 441 / Section 441.630
441.630 Definitions for ORS 441.630 to 441.680
Status: in_force

As used in ORS 441.630 (Definitions for ORS 441.630 to 441.680) to 441.680 (Spiritual healing alone not considered abuse of resident) :

(1) “Abuse” means:

(a) Any physical injury to a resident of a long term care facility which has been caused by other than accidental means.

(b) Failure to provide basic care or services, which failure results in physical harm or unreasonable discomfort or serious loss of human dignity.

(c) Sexual contact with a resident caused by an employee, agent or other resident of a long term care facility by force, threat, duress or coercion.

(d) Illegal or improper use of a resident’s resources for the personal profit or gain of another person.

(e) Verbal or mental abuse as prohibited by federal law.

(f) Corporal punishment.

(g) Involuntary seclusion for convenience or discipline.

(2) “Abuse complaint” means any oral or written communication to the department, one of its agents or a law enforcement agency alleging abuse.

(3) “Department” means the Department of Human Services or a designee of the department.

(4) “Facility” means a long term care facility, as defined in ORS 442.015 (Definitions) .

(5) “Law enforcement agency” means:

(a) Any city or municipal police department.

(b) A police department established by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers) .

(c) Any county sheriff’s office.

(d) The Oregon State Police.

(e) Any district attorney.

(6) “Public or private official” means:

(a) Physician, including any intern or resident.

(b) Licensed practical nurse or registered nurse.

(c) Employee of the Department of Human Services, a community developmental disabilities program or a long term care facility or person who contracts to provide services to a long term care facility.

(d) Employee of the Oregon Health Authority, local health department or community mental health program.

(e) Peace officer.

(f) Member of the clergy.

(g) Regulated social worker.

(h) Physical, speech and occupational therapists.

(i) Legal counsel for a resident or guardian or family member of the resident.

(j) Elected official of a branch of government of this state or a state agency, board, commission or department of a branch of government of this state or of a city, county or other political subdivision in this state.

(k) Personal support worker, as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625) .

(L) Home care worker, as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625) . [1979 c.770 §1; 1981 c.470 §7; 1981 c.784 §22; 1987 c.428 §26; 1989 c.721 §53; 1993 c.759 §1; 2001 c.104 §180; 2009 c.442 §41; 2009 c.595 §737; 2011 c.506 §42; 2013 c.180 §46; 2015 c.179 §4; 2015 c.736 §88; 2017 c.679 §41; 2018 c.75 §23; 2021 c.251 §4]

Source: Section 441.630 — Definitions for ORS 441.630 to 441.680 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 443.453 — OR Code / Title 36 / Chapter 443 / Section 443.453
443.453 Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited
Status: in_force

(1) A residential facility may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a resident in the residential facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the health and safety of a resident of the facility to:

(a) The Long Term Care Ombudsman, the Residential Facilities Ombudsman, the Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the residential facility; or

(b) A family member, guardian, friend or other person who is acting on behalf of the resident.

(2) Unless performed with the intent to comply with state or federal law, including but not limited to protecting residents’ rights or carrying out a facility’s policies and procedures that are consistent with state and federal law, it is interference with the disclosure of information as described in subsection (1) of this section if a residential facility:

(a) Asks or requires the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;

(b) Trains an employee or volunteer not to disclose the information; or

(c) Takes actions or communicates to the employee or volunteer that the employee or volunteer may not disclose the information.

(3) The licensing agency may revoke or suspend the license of a residential facility that is found to have violated subsection (1) of this section.

(4) The department shall adopt rules to carry out the provisions of this section.

(5) This section does not authorize the disclosure of:

(a) Protected health information, as defined in ORS 192.556 (Definitions for ORS 192.553 to 192.581) , other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) or by other state or federal laws limiting the disclosure of health information; or

(b) Information protected under ORS 419A.255 (Maintenance) and 419A.257 (Reports and materials privileged) . [2019 c.381 §4]

Source: Section 443.453 — Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 432.118 — OR Code / Title 36 / Chapter 432 / Section 432.118
432.118 Procedure for contesting refusal to register report of live birth or delayed report of live birth
Status: in_force

(1) If the State Registrar of the Center for Health Statistics refuses to register a report of live birth or a delayed report of live birth under the provisions of ORS 432.088 (Mandatory submission and registration of reports of live birth) or 432.113 (Delayed reports of live birth) , the applicant may file a signed and sworn petition with a court of competent jurisdiction seeking an order establishing a record of the date and place of live birth and the parentage of the person whose birth is to be registered.

(2) The petition shall be made on a form prescribed and furnished or approved by the state registrar and shall allege:

(a) That the person for whom a record of live birth or a delayed record of live birth is sought was born in this state and no record of live birth or delayed record of live birth of the person can be found in the records of the Center for Health Statistics;

(b) That diligent efforts by the petitioner have failed to obtain the evidence required for submitting a report of live birth or a delayed report of live birth in accordance with ORS 432.088 (Mandatory submission and registration of reports of live birth) or 432.113 (Delayed reports of live birth) and rules adopted under ORS 432.088 (Mandatory submission and registration of reports of live birth) or 432.113 (Delayed reports of live birth) ;

(c) That the state registrar has refused to register a report of live birth or a delayed report of live birth; and

(d) Other allegations as may be required under ORS 183.484 (Jurisdiction for review of orders other than contested cases) .

(3) The petition must be served on the state registrar and accompanied by all documentary evidence that was submitted to the state registrar in support of the petition.

(4) The court shall fix a time and place for hearing the petition and shall give the state registrar notice of the hearing. The state registrar or an authorized representative may appear and testify in the proceeding.

(5) If the court finds, from the evidence presented, that the person for whom a record of live birth or a delayed record of live birth is sought was born in this state, it shall make findings as to the place and date of live birth, parentage and such other findings as may be required and shall issue an order, on a form prescribed and furnished or approved by the state registrar, to establish a court-ordered record of live birth or delayed record of live birth. This order shall include the live birth data to be registered, a description of the evidence presented and the date of the court’s action.

(6) The clerk of the court shall forward a certified copy of each order to the state registrar twice a month as adopted by the state registrar by rule. The order must be used to register a report of live birth or a delayed report of live birth for the person. The record of live birth or delayed record of live birth must include a statement that it was registered on the basis of a court order. [Formerly 432.142]

Source: Section 432.118 — Procedure for contesting refusal to register report of live birth or delayed report of live birth; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors432.­html (accessed May 26, 2025).
ORS § 443.889 — OR Code / Title 36 / Chapter 443 / Section 443.889
443.889 Use of acuity-based staffing tool
Status: in_force

(1) The Department of Human Services shall adopt rules:

(a) Establishing minimum requirements for an acuity-based staffing tool adopted by a facility and the frequency with which a facility must reassess the facility’s staffing patterns with the acuity-based staffing tool.

(b) Establishing requirements for the design of an acuity-based staffing tool adopted by a facility to ensure that the tool recommends staffing levels, intensity and qualifications necessary to meet the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week.

(c) For carrying out subsection (4) of this section.

(2) The department shall assess the staffing levels of a facility, at a minimum, each time the department conducts a survey, license approval or renewal or an investigation into a complaint regarding:

(a) Abuse of a resident;

(b) Injury to a resident;

(c) Resident safety; or

(d) Staffing levels.

(3) The assessment under subsection (2) of this section must include a determination of whether the facility is:

(a) Using an acuity-based staffing tool that meets the requirements of rules adopted under subsection (1) of this section;

(b) Recalculating the facility’s staffing patterns using the acuity-based staffing tool with the frequency required by rules adopted under subsection (1) of this section;

(c) Consistently staffing to the levels, intensity and qualifications indicated by the acuity-based staffing tool; and

(d) Consistently meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week.

(4) If the department finds, during an assessment under subsection (2) of this section, that a facility is:

(a) Not using an acuity-based staffing tool, the department shall require the facility to adopt the acuity-based staffing tool developed by the department.

(b) Not meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week, the department shall:

(A) Place a condition on the facility’s license as provided in ORS 441.736 (License conditions) (1)(b)(A), (B), (C) or (F) until the facility implements an acuity-based staffing tool and meets the minimum staffing levels identified by the department as necessary to meet the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week; and

(B) Impose fines, penalties or conditions required by law or that the department deems necessary to compel compliance.

(c) Using an acuity-based staffing tool but is not consistently staffing to the levels, intensity and qualifications indicated by the tool or is not recalculating the facility’s staffing patterns with the tool at the frequency required by rule, the department shall:

(A) Assess whether the facility is meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week;

(B) Place a condition on the facility’s license as provided in ORS 441.736 (License conditions) (1)(b)(A), (B), (C) or (F) until the facility implements an acuity-based staffing tool and demonstrates the facility’s ability to meet the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week; and

(C) Continuously monitor the facility, for at least six months, for compliance with the staffing levels, intensity and qualifications indicated by the acuity-based staffing tool.

(d) Not meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week, the department shall establish staffing standards in a corrective action plan and place a condition on the facility’s license as provided in ORS 441.736 (License conditions) (1)(b)(A), (B), (C) or (F) until the facility complies with the corrective action plan. [2021 c.588 §2]

Note: See note under 443.887 (Definitions) .

Source: Section 443.889 — Use of acuity-based staffing tool; assessment of staffing levels; fines, penalties or conditions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 454.787 — OR Code / Title 36 / Chapter 454 / Section 454.787
454.787 Findings
Status: in_force

(1) The Legislative Assembly finds that:

(a) Improper collection, storage, transportation, treatment, recycling and disposal of septage is a threat to the quality of the waters of this state, to the health, safety and welfare of Oregonians and to the fish and wildlife resources of this state.

(b) In many instances throughout the state, septage is not being collected frequently enough to prevent septic system failures.

(2) Therefore, the Legislative Assembly declares that providing new options for proper collection, storage, transportation, treatment, recycling and disposal of septage is a matter of statewide concern that requires the combined efforts of state and local governments. [1999 c.978 §3]

Note: See note under 454.782 (Definitions for ORS 454.782 to 454.800) .

Source: Section 454.787 — Findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors454.­html (accessed May 26, 2025).
ORS § 435.235 — OR Code / Title 36 / Chapter 435 / Section 435.235
435.235 Construction of ORS 435.205 to 435.235
Status: in_force

ORS 435.205 (Family planning and birth control services by public agencies) to 435.235 (Construction of ORS 435.205 to 435.235) shall be liberally construed to protect the rights of all individuals to pursue their religious beliefs, to follow the dictates of their own consciences, to prevent the imposition upon any individual of practices offensive to the individual’s moral standards, to respect the right of every individual to self-determination in the procreation of children, and to insure a complete freedom of choice in pursuance of constitutional rights. [1967 c.491 §5]

Source: Section 435.235 — Construction of ORS 435.205 to 435.235 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors435.­html (accessed May 26, 2025).
ORS § 448.037 — OR Code / Title 36 / Chapter 448 / Section 448.037
448.037 Variance
Status: in_force

(1) A person applying for a variance shall submit a variance application accompanied by a fee of $480 to the Oregon Health Authority. If the authority approves the application, the authority shall grant a variance, stating the terms and conditions of the variance.

(2) The authority may waive the fee for variance applications precipitated by change in the authority’s rules.

(3) The authority may not delegate the responsibility under subsection (1) of this section under the provision of ORS 448.100 (Delegation to county to administer ORS 448.005 to 448.060) . [1983 c.781 §5; 2009 c.595 §832; 2019 c.510 §3]

Source: Section 448.037 — Variance; application; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html (accessed May 26, 2025).
ORS § 451.580 — OR Code / Title 36 / Chapter 451 / Section 451.580
451.580 Disposition of moneys received under ORS 451.410 to 451.610
Status: in_force

(1) Except as otherwise provided in ORS 451.410 (Definitions for ORS 451.410 to 451.610) to 451.610 (Advisory committee for emergency communications system) , all moneys received by a district shall be paid to the county treasurer and deposited by the county treasurer in an appropriate district fund. The county treasurer, when ordered by a district governing body, shall establish separate accounts in the district fund or separate funds in the county treasury for the segregation of sinking or reserve funds or accounts, of operating funds or accounts or of any other funds or accounts found necessary or expedient by the district. However, no moneys received by a district shall be used for any purpose other than for carrying out the purposes of ORS 451.410 (Definitions for ORS 451.410 to 451.610) to 451.610 (Advisory committee for emergency communications system) and all funds, facilities, personnel or supplies of the county used for those purposes shall be charged to the appropriate district fund or account.

(2) Notwithstanding the requirement for a district to pay district moneys to the county treasurer for deposit in an appropriate district fund in the county treasury under subsection (1) of this section, the governing body of a county, with the consent of the county treasurer if the county treasurer is an elected county officer, may order a service district established under ORS 451.410 (Definitions for ORS 451.410 to 451.610) to 451.610 (Advisory committee for emergency communications system) to hold and manage its own moneys in one or more district funds or accounts deposited in a financial institution as defined in ORS 706.008 (Additional definitions for Bank Act) . The order must provide for transfer of any moneys of the district then held or later received by the county treasurer for the district. Thereafter, the district shall be solely responsible for management of moneys of the district and shall designate a district officer or employee to assume the duties and responsibilities otherwise imposed upon the county treasurer.

(3) Moneys deposited by the district in a district fund or account may be withdrawn or paid out only upon a proper order and warrant or upon a check signed by the district officer or employee designated to assume the duties and responsibilities otherwise imposed upon the county treasurer. The order must:

(a) Specify the name of the person to whom the moneys are to be paid;

(b) Specify the fund or account from which the moneys are to be paid;

(c) State generally the purpose for which the moneys are to be paid; and

(d) Be entered in the record of proceedings of the district. [1955 c.685 §18; 1963 c.515 §21c; 1973 c.785 §28; 2003 c.335 §1]

Source: Section 451.580 — Disposition of moneys received under ORS 451.410 to 451.610 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors451.­html (accessed May 26, 2025).
ORS § 433.110 — OR Code / Title 36 / Chapter 433 / Section 433.110
433.110 Duty to prevent spread of communicable diseases
Status: in_force

Every physician, physician assistant, naturopathic physician or nurse attending a person affected with any communicable disease shall use all precautionary measures to prevent the spread of the disease as the Oregon Health Authority may prescribe by rule. [Amended by 1973 c.259 §10; 2005 c.471 §3; 2009 c.595 §643; 2014 c.45 §54; 2017 c.356 §63]

Source: Section 433.110 — Duty to prevent spread of communicable diseases; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 435.105 — OR Code / Title 36 / Chapter 435 / Section 435.105
435.105 Inspection program of certain stock of vendors
Status: in_force

In lieu of its own inspection program, the State Board of Pharmacy may enter into an agreement with the Oregon Health Authority or a local public health authority, as defined in ORS 431.003 (Definitions) . The agreement shall authorize the Oregon Health Authority or the local public health authority to make inspections of the condom stock to determine that the stock consists only of brands that comply with standards promulgated under ORS 435.100 (Standards) (1). The agreement shall include authority to enforce applicable rules of the State Board of Pharmacy. [1973 c.104 §3; 1975 c.285 §6; 2009 c.595 §691; 2015 c.736 §85]

Source: Section 435.105 — Inspection program of certain stock of vendors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors435.­html (accessed May 26, 2025).
ORS § 433.017 — OR Code / Title 36 / Chapter 433 / Section 433.017
433.017 Test of blood of pregnant woman required
Status: in_force

Bibliographic info

"This article discusses the different types of laws relating to HIV in the U.S. and outlines the many state-specific laws surrounding the virus." Bibliographic info

(1) A licensed physician, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) , naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) attending a pregnant woman in this state for conditions relating to her pregnancy during the period of gestation or at the time of delivery shall, as required by rule of the Oregon Health Authority, take or cause to be taken a sample of blood of every woman so attended at the time of the first professional visit or within 10 days thereafter. The blood specimen obtained under this subsection must be submitted to a licensed laboratory for tests related to any infectious condition which may affect a pregnant woman or fetus, as the authority shall by rule require, including but not limited to an HIV test as defined in ORS 433.045 (Notice of HIV test required) .

(2) Every other person permitted by law to attend a pregnant woman in this state, but not permitted by law to take blood samples, shall, as required by rule of the authority, cause a sample of blood of such pregnant woman to be taken by a licensed physician, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) , naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) and have such sample submitted to a licensed laboratory for the tests described under subsection (1) of this section.

(3) In all cases under subsections (1) and (2) of this section the physician, physician assistant, naturopathic physician or nurse practitioner shall request consent of the patient to take a blood sample. A sample may not be taken without the patient’s consent. [1987 c.600 §8; 2005 c.516 §2; 2009 c.595 §630; 2014 c.45 §53; 2017 c.356 §61]

Source: Section 433.017 — Test of blood of pregnant woman required; patient consent; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 454.442 — OR Code / Title 36 / Chapter 454 / Section 454.442
454.442 Application for loan
Status: in_force

Any public agency desiring funding of its assessment deferral loan program from the Assessment Deferral Loan Program Revolving Fund may borrow from the Assessment Deferral Loan Program Revolving Fund in accordance with the procedures contained in ORS 454.430 (Definitions for ORS 454.430 to 454.445) to 454.445 (Lien against assessed property) and 468.220 (Department to administer fund) . The public agency shall submit an application to the Department of Environmental Quality on a form provided by the department. After final approval of the application, the department shall offer the public agency funds from the Assessment Deferral Loan Program Revolving Fund through a loan agreement with terms and conditions that:

(1) Require the public agency to repay the loan with interest according to a repayment schedule corresponding to provisions governing repayment of deferred assessments by property owners as defined in the public agency’s adopted assessment deferral loan program;

(2) Require the public agency to secure the loan with an assessment deferral loan program financing lien as described in ORS 454.445 (Lien against assessed property) ; and

(3) Limit the funds of the public agency that are obligated to repay the loan to proceeds from repayment of deferred assessments by property owners participating in the assessment deferral loan program adopted by the public agency. [Formerly 468.980]

Note: See note under 454.430 (Definitions for ORS 454.430 to 454.445) .

Source: Section 454.442 — Application for loan; terms and conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors454.­html (accessed May 26, 2025).
ORS § 453.645 — OR Code / Title 36 / Chapter 453 / Section 453.645
453.645 Radiation Advisory Committee
Status: in_force

The Director of the Oregon Health Authority shall appoint a Radiation Advisory Committee to advise the Oregon Health Authority on matters relating to radiological health and radiation protection. The committee shall consist of eight persons who because of their training and experience are qualified to advise the authority on such matters and they shall serve at the pleasure of the director. The members of the Radiation Advisory Committee are entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) . [1961 c.664 §4a; 1969 c.314 §47; 1973 c.90 §2; 2009 c.595 §901]

Source: Section 453.645 — Radiation Advisory Committee; composition; compensation and expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 442.347 — OR Code / Title 36 / Chapter 442 / Section 442.347
442.347 Rural hospital required to report certain actions
Status: in_force

A rural hospital exempted from the certificate of need requirement by ORS 442.315 (Certificate of need) (8) shall report any action taken by the hospital that would have required a certificate of need if the exemption did not exist. [1993 c.722 §4]

Note: 442.347 (Rural hospital required to report certain actions) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 442 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 442.347 — Rural hospital required to report certain actions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 431.142 — OR Code / Title 36 / Chapter 431 / Section 431.142
431.142 Communicable disease control programs
Status: in_force

Communicable disease control programs established under ORS 431.141 (Foundational programs) must identify, prevent and control infectious diseases that pose a threat to the health of the public and must include, but are not limited to:

(1) Recognizing, identifying and responding to communicable disease outbreaks;

(2) Maintaining a list of communicable diseases;

(3) Conducting, receiving and analyzing laboratory results and physician reports related to communicable diseases;

(4) Providing the support necessary for individuals to recognize communicable diseases and other illnesses of public health importance; and

(5) Conducting community-based programs for the purpose of preventing communicable diseases. [2015 c.736 §18]

Source: Section 431.142 — Communicable disease control programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431.­html (accessed May 26, 2025).
ORS § 440.365 — OR Code / Title 36 / Chapter 440 / Section 440.365
440.365 User charges
Status: in_force

A health district is authorized to charge persons who use district facilities and services. [Formerly 441.325; 1999 c.630 §3]

Source: Section 440.365 — User charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors440.­html (accessed May 26, 2025).
ORS § 443.449 — OR Code / Title 36 / Chapter 443 / Section 443.449
443.449 Prescription drug packaging
Status: in_force

(1) A residential care facility shall ensure that prescription drugs dispensed to residents of the facility are packaged in a manner that reduces errors in the tracking of and the administration of the drugs, including but not limited to the use of unit dose systems or blister packs.

(2) Subsection (1) of this section does not apply to residents receiving pharmacy benefits through the United States Department of Veterans Affairs if the pharmacy benefits do not reimburse the cost of such packaging. [Formerly 443.438]

Source: Section 443.449 — Prescription drug packaging , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 441.096 — OR Code / Title 36 / Chapter 441 / Section 441.096
441.096 Identification badges
Status: in_force

(1) A health care practitioner working at a health care facility and providing direct care to a patient shall wear an identification badge indicating the practitioner’s name and professional title.

(2) A health care facility shall develop policies that specify the size and content of the identification badge required by subsection (1) of this section.

(3) As used in this section, “health care facility” means a health care facility as defined in ORS 442.015 (Definitions) or a mental health facility, alcohol treatment facility or drug treatment facility licensed or operated under ORS chapter 426 or 430. [2005 c.231 §1; 2011 c.720 §196]

Note: 441.096 (Identification badges) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 441.096 — Identification badges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 448.420 — OR Code / Title 36 / Chapter 448 / Section 448.420
448.420 Special certification provisions
Status: in_force

On and after September 27, 1987, an operator holding a current Oregon sewage treatment certification issued under a voluntary certification program shall be considered certified under the program established under ORS 448.410 (Authority and duties of Environmental Quality Commission) at the same classification and grade. Certification of operators by any state that, as determined by the Director of the Department of Environmental Quality, accepts certifications made under ORS 448.410 (Authority and duties of Environmental Quality Commission) to 448.430 (Certification exception) and 448.992 (Sewage treatment works violation penalties) , shall be accorded reciprocal treatment and shall be recognized as valid and sufficient within the purview of ORS 448.410 (Authority and duties of Environmental Quality Commission) to 448.430 (Certification exception) and 448.992 (Sewage treatment works violation penalties) , if in the judgment of the director, the certification requirements of such state are substantially equivalent to the requirements of ORS 448.410 (Authority and duties of Environmental Quality Commission) to 448.430 (Certification exception) and 448.992 (Sewage treatment works violation penalties) or any rule adopted under ORS 448.410 (Authority and duties of Environmental Quality Commission) to 448.430 (Certification exception) and 448.992 (Sewage treatment works violation penalties) . [1987 c.635 §5]

Note: See note under 448.405 (Definitions for ORS 448.405 to 448.465) .

Source: Section 448.420 — Special certification provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html (accessed May 26, 2025).
ORS § 453.412 — OR Code / Title 36 / Chapter 453 / Section 453.412
453.412 Deposit and distribution of moneys received from fees
Status: in_force

All moneys received by the Department of Revenue under ORS 453.396 (Definitions for ORS 453.396 to 453.414) to 453.414 (Exemption for local government) shall be deposited in the State Treasury and credited to a suspense account established under ORS 293.445 (Definition for ORS 293.445 to 293.460) . After payment of administration expenses incurred by the department in the administration of ORS 453.396 (Definitions for ORS 453.396 to 453.414) to 453.414 (Exemption for local government) and of refunds or credits arising from erroneous overpayments, the balance of the money shall be distributed according to the provisions of ORS 453.402 (Fees) . Moneys collected under ORS 453.396 (Definitions for ORS 453.396 to 453.414) to 453.414 (Exemption for local government) and credited to the Orphan Site Account shall not be used for removal or remedial action costs at solid waste disposal sites for which a fee is collected under ORS 459.311 (Charge for remedial action or removal) or 459.236 (Additional permit fees for remedial action or removal) . [1989 c.833 §129]

Source: Section 453.412 — Deposit and distribution of moneys received from fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 432.015 — OR Code / Title 36 / Chapter 432 / Section 432.015
432.015 Rules
Status: in_force

The State Registrar of the Center for Health Statistics, under the supervision of the Director of the Oregon Health Authority, shall adopt rules in accordance with ORS chapter 183 that are necessary to the installation and efficient performance of an adequate system of vital statistics. [Amended by 1961 c.191 §4; 1983 c.709 §3; 1997 c.783 §3; 2009 c.595 §606; 2013 c.366 §3]

Source: Section 432.015 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors432.­html (accessed May 26, 2025).
ORS § 433.102 — OR Code / Title 36 / Chapter 433 / Section 433.102
433.102 Parental responsibility for immunization
Status: in_force

(1) Nothing in ORS 433.090 (Definitions for ORS 433.090 to 433.102) to 433.102 (Parental responsibility for immunization) is intended to affect the responsibility of a parent or guardian to have a child of that parent or guardian properly immunized.

(2) Nothing in ORS 433.090 (Definitions for ORS 433.090 to 433.102) to 433.102 (Parental responsibility for immunization) is intended to require immunization or tracking of any child otherwise exempt from immunization requirements under ORS 433.267 (Immunization of school children) (1)(b) or (c). [1993 c.297 §§6,7]

Source: Section 433.102 — Parental responsibility for immunization; medical or religious exemptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 454.657 — OR Code / Title 36 / Chapter 454 / Section 454.657
454.657 Variance from subsurface sewage disposal system rules or standards
Status: in_force

(1) After hearing the Environmental Quality Commission may grant to applicants for permits required under ORS 454.655 (Permit required for construction) specific variances from the particular requirements of any rule or standard pertaining to subsurface sewage disposal systems for such period of time and upon such conditions as it may consider necessary to protect the public health and welfare and to protect the waters of the state, as defined in ORS 468B.005 (Definitions for water pollution control laws) . The commission shall grant such specific variance only where after hearing it finds that strict compliance with the rule or standard is inappropriate for cause or because special physical conditions render strict compliance unreasonable, burdensome or impractical.

(2) The commission shall adopt rules for granting variances from rules or standards pertaining to subsurface sewage disposal systems in cases of extreme and unusual hardship. The rules shall provide for consideration of the following factors in reviewing applications for variances due to hardship:

(a) Advanced age or bad health of applicants;

(b) Relative insignificance of the environmental impact of granting a variance; and

(c) The need of applicants to care for relatives who are aged or incapacitated or have disabilities.

(3) The department shall strive to aid and accommodate the needs of applicants for variances due to hardship.

(4) Variances granted due to hardship may contain conditions such as permits for the life of the applicant, limiting the number of permanent residents using a subsurface sewage disposal system and use of experimental systems for specified periods of time. [1975 c.309 §2; 1979 c.591 §4; 2007 c.70 §256]

Source: Section 454.657 — Variance from subsurface sewage disposal system rules or standards; conditions; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors454.­html (accessed May 26, 2025).
ORS § 453.873 — OR Code / Title 36 / Chapter 453 / Section 453.873
453.873 Entry onto property
Status: in_force

For the purposes of enforcement of ORS 105.555 (Places declared nuisances subject to abatement) , 431.175 (Warrant procedure) and 453.855 (Purpose) to 453.912 (Governmental immunity from liability) , the Director of the Oregon Health Authority or a designee thereof or the State Fire Marshal or a designee thereof, upon presenting appropriate credentials and a warrant, if necessary, issued under ORS 431.175 (Warrant procedure) to the owner or agent of the owner, may:

(1) Enter, at reasonable times, any property that is known to have been used as an illegal drug manufacturing site or for which there are reasonable grounds to believe that the property has been used as an illegal drug manufacturing site.

(2) Inspect, at reasonable times, within reasonable limits and in a reasonable manner, property known to have been used as an illegal drug manufacturing site or for which there are reasonable grounds to believe the property has been used as an illegal drug manufacturing site. [1989 c.915 §7; 1999 c.861 §5; 2009 c.595 §925]

Source: Section 453.873 — Entry onto property; purposes; inspection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 443.830 — OR Code / Title 36 / Chapter 443 / Section 443.830
443.830 Definitions for ORS 443.830 and 443.835
Status: in_force

As used in this section and ORS 443.835 (Certificate required) :

(1) “Child” means a person for whom developmental disability services are planned and provided and who is:

(a) Under 18 years of age; or

(b) At least 18 years of age but less than 22 years of age and resides in a developmental disability child foster home and whose needs, as determined by the child’s individual support plan team, are best met if services are provided in a developmental disability child foster home.

(2) “Department” means the Department of Human Services.

(3) Intentionally left blank —Ed.

(a) “Developmental disability child foster home” means any home maintained by a person who has under the care of the person, in the home, a child found eligible for developmental disability services for the purpose of providing the child with supervision, food and lodging. The child must be unrelated to the person by blood, marriage or adoption.

(b) “Developmental disability child foster home” does not include:

(A) A boarding school that is essentially and primarily engaged in educational work;

(B) A home in which a child is provided with room and board by a school district board; or

(C) A foster home under the direct supervision of a child-caring agency as that term is defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) .

(4) “Developmental disability services” has the meaning given that term in ORS 427.101 (Definitions for ORS 427.115, 427.121, 427.154, 427.215, 430.662 and 430.664) .

(5) “Individual support plan team” means a team composed of the child, the child’s parent or guardian, the community mental health program representative and representatives of all current service providers that develops a written plan of services covering a 12-month period for a child. [1999 c.316 §4; 2001 c.463 §1; 2001 c.900 §192; 2016 c.106 §50; 2023 c.340 §2]

Note: 443.830 (Definitions for ORS 443.830 and 443.835) and 443.835 (Certificate required) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 443.830 — Definitions for ORS 443.830 and 443.835 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 433.255 — OR Code / Title 36 / Chapter 433 / Section 433.255
433.255 Persons with or exposed to restrictable disease excluded from school or children’s facility
Status: in_force

Except in strict conformity with the rules of the Oregon Health Authority, no child or employee shall be permitted to be in any school or children’s facility when:

(1) That child or employee has any restrictable disease;

(2) That child or employee comes from any house in which exists any restrictable disease; or

(3) That child has been excluded as provided in ORS 433.267 (Immunization of school children) (5) or (7). [Amended by 1973 c.259 §18; 1981 c.78 §2; 1989 c.224 §88; 1991 c.67 §115; 1991 c.255 §4; 2005 c.343 §2; 2009 c.595 §649]

Source: Section 433.255 — Persons with or exposed to restrictable disease excluded from school or children’s facility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 441.792 — OR Code / Title 36 / Chapter 441 / Section 441.792
441.792 Disposition of complaints
Status: in_force

(1) Following the receipt of a complaint and completion of an investigation described in ORS 441.791 (Process for investigating and resolving complaints) , for a violation described in subsection (2) of this section, the Oregon Health Authority shall:

(a) Issue a warning for the first violation in a four-year period;

(b) Impose a civil penalty of $1,750 for the second violation of the same provision in a four-year period;

(c) Impose a civil penalty of $2,500 for the third violation of the same provision in a four-year period; and

(d) Impose a civil penalty of $5,000 for the fourth and subsequent violations of the same provision in a four-year period.

(2) The authority shall take the actions described in subsection (1) of this section for the following violations by a hospital of ORS 441.761 (Nurse Staffing Advisory Board) to 441.795 (Limitations on rulemaking authority of Oregon Health Authority) :

(a) Failure to establish a hospital professional and technical staffing committee or a hospital service staffing committee;

(b) Failure to create a professional and technical staffing plan or a hospital service staffing plan;

(c) Failure to adopt a nurse staffing plan by agreement or after binding arbitration;

(d) Failure to comply with the staffing level in the nurse staffing plan, including the nurse-to-patient staffing ratios prescribed in ORS 441.765 (Staffing ratios for direct care registered nurses) , if applicable, and the failure to comply is not an allowed deviation described in ORS 441.765 (Staffing ratios for direct care registered nurses) (6);

(e) Failure to comply with the staffing level in the professional and technical staffing plan or the hospital service staffing plan and the failure to comply is not an allowed deviation as described in ORS 441.775 (Hospital professional and technical staffing committee) (12) or 441.776 (Hospital service staffing committee) (12);

(f) Failure to comply with the staffing requirements for certified nursing assistants in ORS 441.768 (Staffing ratios for certified nursing assistants) and the failure is not an allowed deviation under ORS 441.776 (Hospital service staffing committee) (12); or

(g) Requiring a nursing staff, except as allowed by ORS 441.770 (Need for replacement staff) , to work:

(A) Beyond an agreed-upon prearranged shift regardless of the length of the shift;

(B) More than 48 hours in any hospital-defined work week;

(C) More than 12 hours in a 24-hour period; or

(D) During the 10-hour period immediately following the 12th hour worked during a 24-hour period.

(3) If a staff person at a hospital is unable to attend a staffing committee meeting because the staff person was not released from other hospital duties to attend the meeting, in violation of ORS 441.762 (Hospital nurse staffing committee) (9), 441.775 (Hospital professional and technical staffing committee) (10) or 441.776 (Hospital service staffing committee) (10), the authority shall:

(a) Issue a warning for the first violation; and

(b) Impose a civil penalty of $500 for a second and each subsequent violation.

(4) A direct care staff person, a hospital professional or technical staff person or a hospital service staff person, or an exclusive representative of a direct care staff person, a hospital professional or technical staff person or a hospital service staff person, may elect to enforce meal break and rest break violations under ORS 653.261 (Minimum employment conditions) by filing a complaint with the authority in accordance with ORS 441.791 (Process for investigating and resolving complaints) . [2023 c.507 §20]

Note: 441.792 (Disposition of complaints) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 441.792 — Disposition of complaints , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 444.220 — OR Code / Title 36 / Chapter 444 / Section 444.220
444.220 Compensation for treatment at other hospitals
Status: in_force

When any child, pursuant to ORS 444.210 (Treatment of child at other hospital) , becomes a patient at any institution not affiliated with the Oregon Health and Science University, the person in charge thereof shall perform all duties and requirements set forth in ORS 444.160 (Account and statement of treatment) ; and all warrants in payment of any bills or accounts therein mentioned shall be made payable to such institution. [Amended by 1975 c.693 §116]

Source: Section 444.220 — Compensation for treatment at other hospitals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors444.­html (accessed May 26, 2025).
ORS § 443.439 — OR Code / Title 36 / Chapter 443 / Section 443.439
443.439 Increases in compensation of direct support professionals
Status: in_force

It is the intent of the Legislative Assembly that, when the Legislative Assembly approves increases in funding of services provided by residential training facilities or residential training homes, wages and health benefits paid to direct support professionals in the residential training facilities or residential training homes be increased at a comparable rate. [2017 c.707 §2]

Source: Section 443.439 — Increases in compensation of direct support professionals; legislative intent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 453.795 — OR Code / Title 36 / Chapter 453 / Section 453.795
453.795 Duties of Oregon Health Authority pertaining to accreditation of radiology inspectors
Status: in_force

The Oregon Health Authority shall:

(1) Develop testing, training and continuing education standards for accredited radiology inspectors.

(2) Adopt rules for the proper inspection of X-ray machines for registration purposes and for regulating the professional activities of accredited radiology inspectors.

(3) Develop and implement audit programs using authority-employed X-ray machine inspectors to monitor accredited radiology inspector results and to monitor changes in the performance of registered X-ray machines during the registration period. No charge shall be made to an X-ray machine owner for an audit.

(4) Investigate and resolve complaints against accredited radiology inspectors and their employers. [1995 c.444 §11; 2009 c.595 §918]

Source: Section 453.795 — Duties of Oregon Health Authority pertaining to accreditation of radiology inspectors; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 454.370 — OR Code / Title 36 / Chapter 454 / Section 454.370
454.370 Citizens sewer advisory committee
Status: in_force

(1) Each municipality providing sewage collection, treatment and disposal services within an affected area shall, after consultation with elected officials of the affected area, establish a citizens sewer advisory committee composed of persons directly affected by the order issued under ORS 454.305 (Effect of findings) . The committee shall advise the Environmental Quality Commission and the governing body of the municipality on matters relating to the implementation of the commission’s order.

(2) The members of each citizens sewer advisory committee shall represent a cross section of businesses, homeowners and renters in the affected area and others affected by the order. At least two-thirds of the members shall reside or do business within the affected area. At least one-third of the members shall be persons eligible for financial relief under the safety net plan provided for in ORS 454.365 (Safety net program to provide financial relief) or persons who are members of or represent organizations that serve or represent individuals with low incomes or who are otherwise eligible for financial relief under the safety net plan.

(3) The citizens sewer advisory committee shall provide the commission and the governing body of the municipality with a copy of its minutes and recommendations. The municipality shall respond to any recommendation made by the advisory committee.

(4) Members of the citizens sewer advisory committees shall serve without compensation.

(5) The citizens sewer advisory committees within the affected area may meet jointly as necessary to carry out their responsibilities. [1987 c.627 §4; 1991 c.174 §1]

Source: Section 454.370 — Citizens sewer advisory committee; membership; duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors454.­html (accessed May 26, 2025).
ORS § 443.733 — OR Code / Title 36 / Chapter 443 / Section 443.733
443.733 Collective bargaining
Status: in_force

(1) As used in this section, “adult foster care home provider” means a person who operates an adult foster home in the provider’s home and who receives fees or payments from state funds for providing adult foster care home services. “Adult foster care home provider” does not include a person:

(a) Who is a resident manager of an adult foster home who does not provide adult foster care home services in the resident manager’s own home or who does not have a controlling interest in, or is not an officer or partner in, the entity that is the provider of adult foster care home services;

(b) Who is not a natural person; or

(c) Whose participation in collective bargaining is determined by the licensing agency to be inconsistent with this section or in violation of state or federal law.

(2) For purposes of collective bargaining under ORS 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards) , the State of Oregon is the public employer of record of adult foster care home providers.

(3) Notwithstanding ORS 243.650 (Definitions for ORS 243.650 to 243.809) (19), adult foster care home providers are considered to be public employees governed by ORS 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards) . Adult foster care home providers have the right to form, join and participate in the activities of labor organizations of their own choosing for the purposes of representation and collective bargaining on matters concerning labor relations. Mandatory subjects of collective bargaining include but are not limited to provider base rates and add-on payments. These rights shall be exercised in accordance with the rights granted to public employees, with mediation and interest arbitration under ORS 243.742 (Binding arbitration when strike prohibited) as the method of concluding the collective bargaining process. Adult foster care home providers may not strike.

(4) Notwithstanding subsections (2) and (3) of this section, adult foster care home providers are not for any other purpose employees of the State of Oregon or any other public body.

(5) Intentionally left blank —Ed.

(a) The Oregon Department of Administrative Services shall represent the State of Oregon in collective bargaining negotiations with the certified or recognized exclusive representative of an appropriate bargaining unit of adult foster care home providers. The Oregon Department of Administrative Services is authorized to agree to terms and conditions of collective bargaining agreements on behalf of the State of Oregon.

(b) The department shall report to the legislative review agency, as defined in ORS 291.371 (Salary plan review by legislative review agency) , on any new or changed provisions relating to compensation in a collective bargaining agreement negotiated under this section.

(6) Notwithstanding ORS 243.650 (Definitions for ORS 243.650 to 243.809) (1), an appropriate bargaining unit for adult foster care home providers is any bargaining unit recognized by the Governor in an executive order issued prior to January 1, 2008.

(7) This section does not modify any right of an adult receiving foster care. [2007 c.834 §2; 2009 c.595 §791e; 2009 c.869 §1; 2013 c.722 §32a; 2020 s.s.2 c.10 §8]

Note: 443.733 (Collective bargaining) was added to and made a part of 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 443.733 — Collective bargaining , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 453.015 — OR Code / Title 36 / Chapter 453 / Section 453.015
453.015 Application
Status: in_force

ORS 453.005 (Definitions for ORS 453.005 to 453.135) to 453.135 (Notice required prior to institution of criminal proceedings) and 453.990 (Criminal penalties) (2) do not apply to:

(1) Articles such as chemical sets which by reason of functional purpose require the inclusion of the hazardous substance involved or necessarily present an electrical, mechanical or thermal hazard, and which bear labeling giving adequate directions and warnings for safe use, and are intended for use by children who have attained sufficient maturity and may reasonably be expected to read and heed these directions and warnings.

(2) Common fireworks regulated under ORS 480.111 (Definitions for ORS 480.111 to 480.165) to 480.165 (Civil penalty for fireworks law violations) .

(3) Pesticides subject to the Federal Insecticide, Fungicide and Rodenticide Act or regulated by ORS 616.335 (Definition for ORS 616.205 and 616.335 to 616.385) to 616.385 (Public hearing required for rules) .

(4) Substances intended for use as fuels when stored in containers and used in the heating, cooking or refrigeration system of a house.

(5) Foods or drugs otherwise regulated by this state.

(6) Poisons sold to the ultimate consumer for agricultural or industrial uses in amounts of 10 pounds or more.

(7) Any substance for use in a scientific laboratory. [1971 c.409 §3]

Source: Section 453.015 — Application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 443.396 — OR Code / Title 36 / Chapter 443 / Section 443.396
443.396 Gifts, grants and donations
Status: in_force

The Residential Facilities Ombudsman appointed under ORS 443.382 (Residential Facilities Ombudsman) may solicit and accept gifts, grants and donations from public and private sources for the purpose of carrying out ORS 443.380 (Definitions for ORS 443.380 to 443.394) to 443.394 (Procedures to maintain confidentiality) and the moneys shall be deposited in the Long Term Care Ombudsman Account established under ORS 441.419 (Long Term Care Ombudsman Account) . [2017 c.441 §9]

Note: See note under 443.380 (Definitions for ORS 443.380 to 443.394) .

Source: Section 443.396 — Gifts, grants and donations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 432.075 — OR Code / Title 36 / Chapter 432 / Section 432.075
432.075 Duty to report information to state registrar
Status: in_force

(1) A person having knowledge of the facts shall furnish all information the person may possess regarding a live birth, death, fetal death, induced termination of pregnancy, marriage, declaration of domestic partnership or dissolution of marriage or domestic partnership upon demand of the State Registrar of the Center for Health Statistics.

(2) A person required to report information under this chapter or the rules adopted under this chapter shall provide the information to the state registrar within five calendar days of receiving the information.

(3) Within five calendar days of receipt of autopsy results or other information that would provide pending or missing information or correct errors in a reported cause of death, the medical certifier or medical examiner required to report the death under ORS 432.133 (Mandatory submission and registration of reports of death) shall submit an affidavit on the cause of death to amend the record.

(4) A person or institution that in good faith provides information required by this chapter or by rules adopted under this chapter shall not be subject to an action for civil damages.

(5) The state registrar may require alternative documentation from the provider of information relating to the occurrence of a vital event for the purpose of quality assurance. [1983 c.709 §23; 1997 c.783 §6; 2013 c.366 §8]

Source: Section 432.075 — Duty to report information to state registrar; immunity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors432.­html (accessed May 26, 2025).
ORS § 448.277 — OR Code / Title 36 / Chapter 448 / Section 448.277
448.277 Authority as administrator
Status: in_force

The Oregon Health Authority is authorized to enter into an agreement with the federal government to administer the federal Safe Drinking Water Act in this state. The agreement is subject to the legislative assumption stated in ORS 448.273 (Federal Safe Drinking Water Act administration) . The agreement shall remain in effect subject to annual renegotiation of the duties to be performed and the remuneration to be received by the authority except that it may be canceled by the authority, upon 90 days’ notice, if at any time the federal requirements exceed the amount of federal funding and the cancellation is approved by the legislative review agency as defined in ORS 291.371 (Salary plan review by legislative review agency) (1). [1985 c.178 §2; 2009 c.595 §857]

(Cross-Connections and Backflow Assemblies)

Source: Section 448.277 — Authority as administrator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html (accessed May 26, 2025).
ORS § 442.373 — OR Code / Title 36 / Chapter 442 / Section 442.373
442.373 Health care data reporting by health insurers
Status: in_force

(1) The Oregon Health Authority shall establish and maintain a program that requires reporting entities to report health care data for the following purposes:

(a) Determining the maximum capacity and distribution of existing resources allocated to health care.

(b) Identifying the demands for health care.

(c) Allowing health care policymakers to make informed choices.

(d) Evaluating the effectiveness of intervention programs in improving health outcomes.

(e) Comparing the costs and effectiveness of various treatment settings and approaches.

(f) Providing information to consumers and purchasers of health care.

(g) Improving the quality and affordability of health care and health care coverage.

(h) Assisting the authority in furthering the health policies expressed by the Legislative Assembly in ORS 442.310 (Findings and policy) .

(i) Evaluating health disparities, including but not limited to disparities related to race and ethnicity.

(2) The authority shall prescribe by rule standards that:

(a) Establish the time, place, form and manner of reporting data under this section, including but not limited to:

(A) Requiring the use of unique patient and provider identifiers;

(B) Specifying a uniform coding system that reflects all health care utilization and costs for health care services provided to Oregon residents in other states; and

(C) Establishing enrollment thresholds below which reporting will not be required.

(b) Establish the types of data to be reported under this section, including but not limited to:

(A) Health care claims and enrollment data used by reporting entities and paid health care claims data;

(B) Reports, schedules, statistics or other data relating to health care costs, prices, quality, utilization or resources determined by the authority to be necessary to carry out the purposes of this section; and

(C) Data related to race, ethnicity, disability, sexual orientation, gender identity and primary language collected in a manner consistent with ORS 413.161 (Collection of data on race, ethnicity, language, disability status, sexual orientation and gender identity) .

(3) Any third party administrator that is not required to obtain a license under ORS 744.702 (Third party administrator license) and that is legally responsible for payment of a claim for a health care item or service provided to an Oregon resident may report to the authority the health care data described in subsection (2) of this section.

(4) The authority shall adopt rules establishing requirements for reporting entities to train providers on protocols for collecting race, ethnicity, disability, sexual orientation, gender identity and primary language data in a culturally competent manner.

(5) Intentionally left blank —Ed.

(a) The authority shall use data collected under this section to provide information to consumers of health care to empower the consumers to make economically sound and medically appropriate decisions. The information must include, but not be limited to, the prices and quality of health care services.

(b) The authority shall, using only data collected under this section from reporting entities described in ORS 442.372 (Definitions for ORS 442.372 and 442.373) (1) to (3), post to its website health care price information including the median prices paid by the reporting entities to hospitals and hospital outpatient clinics for, at a minimum, the 50 most common inpatient procedures and the 100 most common outpatient procedures.

(c) The health care price information posted to the website must be:

(A) Displayed in a consumer friendly format;

(B) Easily accessible by consumers; and

(C) Updated at least annually to reflect the most recent data available.

(d) The authority shall apply for and receive donations, gifts and grants from any public or private source to pay the cost of posting health care price information to its website in accordance with this subsection. Moneys received shall be deposited to the Oregon Health Authority Fund.

(e) The obligation of the authority to post health care price information to its website as required by this subsection is limited to the extent of any moneys specifically appropriated for that purpose or available from donations, gifts and grants from private or public sources.

(6) The authority may contract with a third party to collect and process the health care data reported under this section. The contract must prohibit the collection of Social Security numbers and must prohibit the disclosure or use of the data for any purpose other than those specifically authorized by the contract. The contract must require the third party to transmit all data collected and processed under the contract to the authority.

(7) The authority shall facilitate a collaboration between the Department of Human Services, the authority, the Department of Consumer and Business Services and interested stakeholders to develop a comprehensive health care information system using the data reported under this section and collected by the authority under ORS 442.370 (Ambulatory surgery and inpatient discharge abstract records) and 442.400 (“Health care facility” defined) to 442.463 (Annual utilization report) . The authority, in consultation with interested stakeholders, shall:

(a) Formulate the data sets that will be included in the system;

(b) Establish the criteria and procedures for the development of limited use data sets;

(c) Establish the criteria and procedures to ensure that limited use data sets are accessible and compliant with federal and state privacy laws; and

(d) Establish a time frame for the creation of the comprehensive health care information system.

(8) Information disclosed through the comprehensive health care information system described in subsection (7) of this section:

(a) Shall be available, when disclosed in a form and manner that ensures the privacy and security of personal health information as required by state and federal laws, as a resource to researchers, insurers, employers, providers, purchasers of health care and state agencies to allow for continuous review of health care utilization, expenditures and performance in this state;

(b) Shall be available to Oregon programs for quality in health care for use in improving health care in Oregon, subject to rules prescribed by the authority conforming to state and federal privacy laws or limiting access to limited use data sets;

(c) Shall be presented to allow for comparisons of geographic, demographic and economic factors and institutional size; and

(d) May not disclose trade secrets of reporting entities or self-funded, employer-sponsored health insurance plans regulated under the Employee Retirement Income Security Act of 1974, as codified and amended at 29 U.S.C. 1001, et seq., that report health care data voluntarily.

(9) The collection, storage and release of health care data and other information under this section is subject to the requirements of the federal Health Insurance Portability and Accountability Act.

(10) Intentionally left blank —Ed.

(a) Notwithstanding subsection (9) of this section, in addition to the comprehensive health care information system described in subsection (7) of this section, the Department of Consumer and Business Services shall be allowed to access, use and disclose data collected under this section by certifying in writing that the data will be used only to carry out the department’s duties.

(b) Personally identifiable information disclosed to the department under paragraph (a) of this subsection, including a consumer’s name, address, telephone number or electronic mail address, is confidential and not subject to further disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) .

(11) The authority may impose a charge for information disclosed to researchers, insurers, employers, providers and purchasers of health care under subsection (8) of this section in an amount necessary to cover the authority’s actual costs for collecting and releasing the information that is requested. [Formerly 442.466; 2021 c.205 §4; 2023 c.584 §1]

Note: See note under 442.372 (Definitions for ORS 442.372 and 442.373) .

Source: Section 442.373 — Health care data reporting by health insurers; rules; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 442.463 — OR Code / Title 36 / Chapter 442 / Section 442.463
442.463 Annual utilization report
Status: in_force

(1) Each licensed health facility shall file with the Oregon Health Authority an annual report containing such information related to the facility’s utilization as may be required by the authority, in such form as the authority prescribes by rule.

(2) The annual report shall contain such information as may be required by rule of the authority and must be approved by the authority. [1985 c.747 §§18,19; 1995 c.727 §32; 1997 c.683 §28; 1999 c.581 §8; 2015 c.318 §35]

Source: Section 442.463 — Annual utilization report; contents; approval; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 450.870 — OR Code / Title 36 / Chapter 450 / Section 450.870
450.870 Assessments against benefited property
Status: in_force

(1) All assessments made pursuant to ORS 450.855 (Action board may take at hearing concerning boundaries, installations to be constructed, costs and financing) (3) shall be determined and made by an order of the board adopted in accordance with such procedures as shall be established by a general ordinance adopted by the board. Such general ordinance shall establish a procedure for assessing property directly benefited by the installation, making supplementary assessments and rebates, notice of the proposed assessment, provide for correction of errors, establish the form of the assessment order and such other procedures as are necessary to the adoption of the assessment order. It shall not be necessary to issue a separate order for each parcel of land, and any number of parcels in the same area and the same county may be included in one order. A copy of the order making an assessment, certified and acknowledged by the manager of the authority, shall be filed with the county clerk of the county in which the land is located. Upon being filed, the assessment shall constitute a lien against the land assessed.

(2) Notice of all assessments levied by an authority shall be given to the landowner by mail and shall be payable on the 30th day after such notice is mailed unless agreements for payment of such installments are made pursuant to ORS 223.205 (Scope and application) and 223.210 (Right of property owners to apply for installment payment of assessment) to 223.295 (Limit on city indebtedness) . All assessments shall be paid to the authority and a receipt shall be issued therefor. From time to time the board shall order the satisfaction of the liens against lands on which assessments have been paid, and a copy of such order shall be filed with the county clerk of the county in which the lands are located. [1955 c.614 §36; 1973 c.399 §4; 1977 c.621 §2; 1995 c.333 §23; 2001 c.215 §8]

Source: Section 450.870 — Assessments against benefited property; lien against land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 442.015 — OR Code / Title 36 / Chapter 442 / Section 442.015
442.015 Definitions
Status: in_force

As used in ORS chapter 441 and this chapter, unless the context requires otherwise:

(1) “Acquire” or “acquisition” means obtaining equipment, supplies, components or facilities by any means, including purchase, capital or operating lease, rental or donation, for the purpose of using such equipment, supplies, components or facilities to provide health services in Oregon. When equipment or other materials are obtained outside of this state, acquisition is considered to occur when the equipment or other materials begin to be used in Oregon for the provision of health services or when such services are offered for use in Oregon.

(2) “Affected persons” has the same meaning as given to “party” in ORS 183.310 (Definitions for chapter) .

(3) Intentionally left blank —Ed.

(a) “Ambulatory surgical center” means a facility or portion of a facility that operates exclusively for the purpose of providing surgical services to patients who do not require hospitalization and for whom the expected duration of services does not exceed 24 hours following admission.

(b) “Ambulatory surgical center” does not mean:

(A) Individual or group practice offices of private physicians or dentists that do not contain a distinct area used for outpatient surgical treatment on a regular and organized basis, or that only provide surgery routinely provided in a physician’s or dentist’s office using local anesthesia or conscious sedation; or

(B) A portion of a licensed hospital designated for outpatient surgical treatment.

(4) “Delegated credentialing agreement” means a written agreement between an originating-site hospital and a distant-site hospital that provides that the medical staff of the originating-site hospital will rely upon the credentialing and privileging decisions of the distant-site hospital in making recommendations to the governing body of the originating-site hospital as to whether to credential a telemedicine provider, practicing at the distant-site hospital either as an employee or under contract, to provide telemedicine services to patients in the originating-site hospital.

(5) “Develop” means to undertake those activities that on their completion will result in the offer of a new institutional health service or the incurring of a financial obligation, as defined under applicable state law, in relation to the offering of such a health service.

(6) “Distant-site hospital” means the hospital where a telemedicine provider, at the time the telemedicine provider is providing telemedicine services, is practicing as an employee or under contract.

(7) “Expenditure” or “capital expenditure” means the actual expenditure, an obligation to an expenditure, lease or similar arrangement in lieu of an expenditure, and the reasonable value of a donation or grant in lieu of an expenditure but not including any interest thereon.

(8) “Extended stay center” means a facility licensed in accordance with ORS 441.026 (Licensing of extended stay centers) .

(9) “Freestanding birthing center” means a facility licensed for the primary purpose of performing low risk deliveries.

(10) “Governmental unit” means the state, or any county, municipality or other political subdivision, or any related department, division, board or other agency.

(11) “Gross revenue” means the sum of daily hospital service charges, ambulatory service charges, ancillary service charges and other operating revenue. “Gross revenue” does not include contributions, donations, legacies or bequests made to a hospital without restriction by the donors.

(12) Intentionally left blank —Ed.

(a) “Health care facility” means:

(A) A hospital;

(B) A long term care facility;

(C) An ambulatory surgical center;

(D) A freestanding birthing center;

(E) An outpatient renal dialysis facility; or

(F) An extended stay center.

(b) “Health care facility” does not mean:

(A) A residential facility licensed by the Department of Human Services or the Oregon Health Authority under ORS 443.415 (License applications) ;

(B) An establishment furnishing primarily domiciliary care as described in ORS 443.205 (Definitions for ORS 443.215 and 443.225) ;

(C) A residential facility licensed or approved under the rules of the Department of Corrections;

(D) Facilities established by ORS 430.335 (Responsibility of Oregon Health Authority relating to care of individuals with substance use disorders) for treatment of substance abuse disorders; or

(E) Community mental health programs or community developmental disabilities programs established under ORS 430.620 (Establishment of community mental health and developmental disabilities programs by one or more counties) .

(13) “Health maintenance organization” or “HMO” means a public organization or a private organization organized under the laws of any state that:

(a) Is a qualified HMO under section 1310(d) of the U.S. Public Health Services Act; or

(b) Intentionally left blank —Ed.

(A) Provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services:

(i) Usual physician services;

(ii) Hospitalization;

(iii) Laboratory;

(iv) X-ray;

(v) Emergency and preventive services; and

(vi) Out-of-area coverage;

(B) Is compensated, except for copayments, for the provision of the basic health care services listed in subparagraph (A) of this paragraph to enrolled participants on a predetermined periodic rate basis; and

(C) Provides physicians’ services primarily directly through physicians who are either employees or partners of such organization, or through arrangements with individual physicians or one or more groups of physicians organized on a group practice or individual practice basis.

(14) “Health services” means clinically related diagnostic, treatment or rehabilitative services, and includes alcohol, drug or controlled substance abuse and mental health services that may be provided either directly or indirectly on an inpatient or ambulatory patient basis.

(15) “Hospital” means:

(a) A facility with an organized medical staff and a permanent building that is capable of providing 24-hour inpatient care to two or more individuals who have an illness or injury and that provides at least the following health services:

(A) Medical;

(B) Nursing;

(C) Laboratory;

(D) Pharmacy; and

(E) Dietary; or

(b) A special inpatient care facility as that term is defined by the authority by rule.

(16) “Institutional health services” means health services provided in or through health care facilities and the entities in or through which such services are provided.

(17) “Intermediate care facility” means a facility that provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment that a hospital or skilled nursing facility is designed to provide, but who because of their mental or physical condition require care and services above the level of room and board that can be made available to them only through institutional facilities.

(18) Intentionally left blank —Ed.

(a) “Long term care facility” means a permanent facility with inpatient beds, providing:

(A) Medical services, including nursing services but excluding surgical procedures except as may be permitted by the rules of the Director of Human Services; and

(B) Treatment for two or more unrelated patients.

(b) “Long term care facility” includes skilled nursing facilities and intermediate care facilities but does not include facilities licensed and operated pursuant to ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) .

(19) “New hospital” means:

(a) A facility that did not offer hospital services on a regular basis within its service area within the prior 12-month period and is initiating or proposing to initiate such services; or

(b) Any replacement of an existing hospital that involves a substantial increase or change in the services offered.

(20) “New skilled nursing or intermediate care service or facility” means a service or facility that did not offer long term care services on a regular basis by or through the facility within the prior 12-month period and is initiating or proposing to initiate such services. “New skilled nursing or intermediate care service or facility” also includes the rebuilding of a long term care facility, the relocation of buildings that are a part of a long term care facility, the relocation of long term care beds from one facility to another or an increase in the number of beds of more than 10 or 10 percent of the bed capacity, whichever is the lesser, within a two-year period.

(21) “Offer” means that the health care facility holds itself out as capable of providing, or as having the means for the provision of, specified health services.

(22) “Originating-site hospital” means a hospital in which a patient is located while receiving telemedicine services.

(23) “Outpatient renal dialysis facility” means a facility that provides renal dialysis services directly to outpatients.

(24) “Person” means an individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies and insurance companies), a state, or a political subdivision or instrumentality, including a municipal corporation, of a state.

(25) “Skilled nursing facility” means a facility or a distinct part of a facility, that is primarily engaged in providing to inpatients skilled nursing care and related services for patients who require medical or nursing care, or an institution that provides rehabilitation services for the rehabilitation of individuals who are injured or sick or who have disabilities.

(26) “Telemedicine” means the provision of health services to patients by physicians and health care practitioners from a distance using electronic communications, including synchronous technologies to facilitate an exchange of information between a patient and physician or health care practitioner in real time or asynchronous technologies to facilitate an exchange of information between a patient and a physician or health care practitioner in other than real time. [1977 c.751 §1; 1979 c.697 §2; 1979 c.744 §31; 1981 c.693 §1; 1983 c.482 §1; 1985 c.747 §16; 1987 c.320 §233; 1987 c.660 §4; 1987 c.753 §2; 1989 c.708 §5; 1989 c.1034 §5; 1991 c.470 §9; 2001 c.100 §1; 2001 c.104 §181a; 2001 c.900 §179; 2003 c.75 §91; 2003 c.784 §11; 2005 c.22 §300; 2007 c.70 §242; 2009 c.595 §749; 2009 c.792 §63; 2013 c.414 §3; 2013 c.608 §§16,22; 2018 c.50 §§5,6; 2022 c.45 §15]

Source: Section 442.015 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 443.860 — OR Code / Title 36 / Chapter 443 / Section 443.860
443.860 License required
Status: in_force

(1) A person may not establish, conduct or maintain a hospice program providing hospice services, or hold itself out to the public as a hospice program, without obtaining a license from the Oregon Health Authority.

(2) The authority:

(a) Shall adopt rules to carry out the provisions of ORS 443.850 (Definitions for ORS 443.850 to 443.869) to 443.869 (Civil penalties) , including but not limited to rules for licensure that require an in-person site inspection of each licensed hospice program at least once every three years.

(b) May accept certification by a federal agency or accreditation by an accrediting organization approved by the authority as evidence of compliance with the requirements for licensure adopted under paragraph (a) of this subsection if:

(A) The certification or accreditation meets standards and conditions established for hospice programs by the Centers for Medicare and Medicaid Services;

(B) The hospice program invites the authority to participate in any exit interview conducted by the agency or organization; and

(C) The hospice program provides the authority with copies of all documentation requested by the authority concerning the certification or accreditation.

(3) The fee to obtain or renew a hospice program license is $1,140.

(4) The authority shall prescribe by rule the form and manner for application for or renewal of a license. The authority shall issue a license to an applicant that has the necessary qualifications, meets all requirements established by the authority by rule and has paid the fee.

(5) A license issued under this section is valid for one year and is not transferable. A license may be renewed by payment of the fee and demonstration of compliance with requirements for renewal established by the authority by rule. [1987 c.398 §§2,3; 1989 c.697 §1; 1993 c.110 §3; 1997 c.362 §1; 2003 c.14 §264; 2007 c.474 §2; 2009 c.793 §1; 2011 c.720 §201; 2017 c.559 §2; 2021 c.338 §9]

Source: Section 443.860 — License required; rules; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 446.348 — OR Code / Title 36 / Chapter 446 / Section 446.348
446.348 Determining amount of penalty
Status: in_force

(1) The Director of the Oregon Health Authority shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation.

(2) The director may impose the penalty without hearing but only after the notice required by ORS 446.347 (Civil penalties) (2). In imposing a penalty pursuant to the schedule or schedules adopted pursuant to this section, the director shall consider the following factors:

(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(b) Any prior violations of statutes, rules, orders and permits pertaining to the water system.

(c) The economic and financial conditions of the person incurring the penalty.

(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the Oregon Health Authority considers proper and consistent with the public health and safety. [1983 c.707 §26; 2009 c.595 §823]

Source: Section 446.348 — Determining amount of penalty; rules; schedule; factors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors446.­html (accessed May 26, 2025).
ORS § 433.380 — OR Code / Title 36 / Chapter 433 / Section 433.380
433.380 Tag fee
Status: in_force

A fee for the tag and replacement tag may be fixed in each county by the governing body of the county in such amount as it finds necessary to enable the county to carry out the provisions of ORS 433.365 (Inoculation against rabies) , 433.370 (Inoculation certificate) and 433.380 (Tag fee) to 433.390 (County dog control fund) and the regulations promulgated hereunder and shall not be considered a license or tax within the meaning of ORS 609.100 (Dog licenses, tags and fees) . [1971 c.413 §10]

Source: Section 433.380 — Tag fee; status of fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 442.618 — OR Code / Title 36 / Chapter 442 / Section 442.618
442.618 Annual reports related to financial assistance policies and nonprofit status
Status: in_force

(1) As used in this section, “health care facility” has the meaning given that term in ORS 442.015 (Definitions) , excluding long term care facilities.

(2) A hospital shall report annually to the Oregon Health Authority the following information regarding all health care facilities and affiliated clinics that are owned in part or in full by the hospital or operating under the same brand as the hospital:

(a) The address of each health care facility and affiliated clinic;

(b) Whether the hospital’s financial assistance policy, developed under ORS 442.614 (Requirements for financial assistance policies) , is posted in the health care facility and affiliated clinic and available to patients of the facility and affiliated clinic; and

(c) Whether the hospital is a nonprofit entity and whether the hospital’s nonprofit status applies to the hospital’s affiliated clinics.

(3) The authority shall prescribe the form and manner for reporting the information described in subsection (2) of this section.

(4) A hospital that fails to file a timely report, as prescribed by the authority, may be subject to a civil penalty not to exceed $500 per day. Civil penalties shall be imposed as provided in ORS 183.745 (Civil penalty procedures) . [2019 c.497 §7]

Note: The amendments to 442.618 (Annual reports related to financial assistance policies and nonprofit status) by section 3, chapter 263, Oregon Laws 2023, become operative January 1, 2025. See section 6, chapter 263, Oregon Laws 2023. The text that is operative on and after January 1, 2025, is set forth for the user’s convenience.

442.618 (Annual reports related to financial assistance policies and nonprofit status) . (1) As used in this section:

(a) “Extraordinary collection action” means actions referenced in section 501(r)(6) of the Internal Revenue Code or implementing regulations.

(b) “Health care facility” has the meaning given that term in ORS 442.015 (Definitions) , excluding long term care facilities.

(c) “Payer type” means one or more of the following persons legally responsible for all or part of the cost of hospital services:

(A) A commercial insurer;

(B) Medicare;

(C) The state medical assistance program;

(D) A patient who is uninsured or otherwise personally responsible for the cost of hospital services; or

(E) Another payer type prescribed by the Oregon Health Authority by rule.

(2) A hospital shall report annually to the authority the following information regarding all health care facilities and affiliated clinics that are owned in part or in full by the hospital or operating under the same brand as the hospital:

(a) The address of each health care facility and affiliated clinic;

(b) Whether the hospital’s financial assistance policy, developed under ORS 442.614 (Requirements for financial assistance policies) , complies with ORS 442.610 (Notice of financial assistance policies) (3);

(c) Whether the hospital is a nonprofit entity and whether the hospital’s nonprofit status applies to the hospital’s affiliated clinics;

(d) During the reporting period:

(A) How many applications for financial assistance the hospital received and of the applications received, the number of applications that were approved;

(B) Of the patients who received financial assistance, the number of patients who received financial assistance without completing the hospital’s financial assistance application process; and

(C) Reported by payer type, the number of patients who received financial assistance and the number of patients who were denied financial assistance;

(e) During the reporting period, the number of accounts that were:

(A) Referred to a debt collector or collection agency during the reporting period; and

(B) Transferred for extraordinary collection actions during the reporting period, listed by type of action; and

(f) The average, median and total amount of debt, owed to the hospital by patients, that was placed in collections during the reporting period.

(3) The authority shall prescribe the form and manner for reporting the information described in subsection (2) of this section.

(4) A hospital that fails to file a timely report, as prescribed by the authority, may be subject to a civil penalty not to exceed $500 per day. Civil penalties shall be imposed as provided in ORS 183.745 (Civil penalty procedures) .

Note: Section 6 (3), chapter 263, Oregon Laws 2023, provides:

Sec. 6. (3) The Oregon Health Authority shall take any action before the operative dates specified in this section that is necessary to carry out section 1 of this 2023 Act [ 442.615 (Financial assistance) ] and the amendments to ORS 442.610 (Notice of financial assistance policies) , 442.618 (Annual reports related to financial assistance policies and nonprofit status) and 646A.677 (Requirement to screen for financial assistance before transferring medical debt for collection) by sections 2 to 4 of this 2023 Act on and after the operative dates specified in this section. [2023 c.263 §6(3)]

Note: See second note under 442.610 (Notice of financial assistance policies) .

Source: Section 442.618 — Annual reports related to financial assistance policies and nonprofit status; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 433.098 — OR Code / Title 36 / Chapter 433 / Section 433.098
433.098 Nonliability for disclosing or using information
Status: in_force

(1) An authorized user and the employees or agents of an authorized user are not liable for sharing or using information from the immunization registry regarding a client’s immunization record or tracking and recall record as provided in ORS 433.094 (Development of immunization registry and tracking and recall system) .

(2) Information in an immunization registry regarding a client’s immunization record or tracking and recall record, or derived from the registry or record, is confidential and may not be disclosed to any person who is not specifically authorized to receive information under ORS 433.090 (Definitions for ORS 433.090 to 433.102) to 433.102 (Parental responsibility for immunization) .

(3) When a client who is 18 years of age or older requests in writing that the client’s immunization record be removed from an immunization registry, the agency that maintains the registry shall purge the client’s immunization record from the registry as soon as is reasonably possible.

(4) Before sharing data with any immunization registry, an immunization registry maintained in Oregon shall ensure that the immunization registry receiving the data has confidentiality and security policies at least as stringent as the policies of the registry sharing the data. [1993 c.297 §8; 2003 c.573 §3; 2007 c.196 §5; 2011 c.71 §3]

Source: Section 433.098 — Nonliability for disclosing or using information; confidentiality of information; removal of information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 443.417 — OR Code / Title 36 / Chapter 443 / Section 443.417
443.417 Annual kitchen inspection
Status: in_force

(1) The Department of Human Services shall annually inspect the kitchen of a facility and other areas where food is prepared for residents. In a year when the department is required by law to conduct a survey, the department shall conduct the inspection as part of the survey. The inspection must be conducted by an individual who has training and expertise in food sanitation. For an inspection not conducted as part of a legally required survey, the department may charge the inspected facility a fee of up to $200.

(2) The department or the Oregon Health Authority may not deny or delay a license or refuse to renew a license:

(a) For a facility’s first failure to pass an inspection; or

(b) If the department fails to conduct an inspection in a timely manner.

(3) Any fees collected by the department under this section shall be deposited into the Quality Care Fund established in ORS 443.001 (Quality Care Fund) and are continuously appropriated to the department for conducting inspections described in subsection (1) of this section. [2019 c.592 §2]

Note: 443.417 (Annual kitchen inspection) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 443.417 — Annual kitchen inspection; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 443.305 — OR Code / Title 36 / Chapter 443 / Section 443.305
443.305 Definitions for ORS 443.305 to 443.350
Status: in_force

As used in ORS 443.305 (Definitions for ORS 443.305 to 443.350) to 443.350 (Applicability) :

(1) “In-home care agency” means an agency primarily engaged in providing in-home care services for compensation to an individual in that individual’s place of residence. “In-home care agency” does not include a home health agency as defined in ORS 443.014 (Definitions for ORS 443.014 to 443.105) .

(2) “In-home care services” means personal care services furnished by an in-home care agency, or an individual under an arrangement or contract with an in-home care agency, that are necessary to assist an individual in meeting the individual’s daily needs, but does not include curative or rehabilitative services.

(3) “Subunit” means an in-home care agency that provides services for a parent agency in a geographic area different from that of the parent agency and more than 60 miles from the location of the parent agency. [1999 c.1034 §1; 2013 c.61 §5]

Note: 443.305 (Definitions for ORS 443.305 to 443.350) to 443.350 (Applicability) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 443.305 — Definitions for ORS 443.305 to 443.350 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 442.011 — OR Code / Title 36 / Chapter 442 / Section 442.011
442.011 Health Policy and Analytics Division created in Oregon Health Authority
Status: in_force

There is created in the Oregon Health Authority the Health Policy and Analytics Division. The Director of the Health Policy and Analytics Division shall be appointed by the Director of the Oregon Health Authority. The Director of the Health Policy and Analytics Division shall be an individual with demonstrated proficiency in planning and managing programs with complex public policy and fiscal aspects such as those involved in the medical assistance program. [1993 c.725 §33; 1997 c.683 §16; 2001 c.69 §1; 2003 c.784 §5; 2007 c.697 §§14,15; 2009 c.595 §§747,748; 2011 c.720 §197; 2017 c.384 §2]

Source: Section 442.011 — Health Policy and Analytics Division created in Oregon Health Authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 446.395 — OR Code / Title 36 / Chapter 446 / Section 446.395
446.395 License required
Status: in_force

(1) Except as provided by rule by the Director of the Department of Consumer and Business Services, an individual must obtain an installer license under ORS 446.400 (Procedures for licensing) before installing a manufactured dwelling or cabana.

(2) An individual required by subsection (1) of this section to obtain a license shall comply with ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) to 446.240 (Safety standards for accessory structures) and 446.395 (License required) to 446.420 (License required to maintain action) and Department of Consumer and Business Services rules adopted under ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) to 446.240 (Safety standards for accessory structures) , 446.395 (License required) to 446.420 (License required to maintain action) and 455.117 (Adoption of rules governing licensing, certification or registration) .

(3) Installer licenses may be issued only to individuals.

(4) A person may not employ any individual to install a manufactured dwelling or cabana unless the individual is licensed by the department to perform the work and complies with ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) to 446.240 (Safety standards for accessory structures) and 446.395 (License required) to 446.420 (License required to maintain action) and rules adopted under ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) to 446.240 (Safety standards for accessory structures) , 446.395 (License required) to 446.420 (License required to maintain action) and 455.117 (Adoption of rules governing licensing, certification or registration) .

(5) Licenses issued pursuant to ORS 446.395 (License required) to 446.420 (License required to maintain action) and department rules adopted under ORS 455.117 (Adoption of rules governing licensing, certification or registration) are not transferable. [1989 c.683 §3; 1991 c.226 §12; 1993 c.744 §59; 2005 c.758 §8]

Source: Section 446.395 — License required; issuance; employment of nonlicensed installer prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors446.­html (accessed May 26, 2025).
ORS § 453.800 — OR Code / Title 36 / Chapter 453 / Section 453.800
453.800 X-ray Machine Inspection Account
Status: in_force

(1) There is created in the General Fund of the State Treasury an X-ray Machine Inspection Account. Moneys credited to the account are continuously appropriated to the Oregon Health Authority for the carrying out of ORS 453.752 (X-ray machine registration) to 453.795 (Duties of Oregon Health Authority pertaining to accreditation of radiology inspectors) .

(2) All registration fees paid pursuant to ORS 453.757 (X-ray machine biennial registration fee) (1) by owners of X-ray machines, all application or renewal fees paid by applicants for accreditation as radiology inspectors under ORS 453.757 (X-ray machine biennial registration fee) (4) and all civil penalties collected under ORS 453.771 (Imposition of civil penalty for X-ray machine registration violations) are credited to the X-ray Machine Inspection Account. [1995 c.444 §14; 2009 c.595 §919]

Source: Section 453.800 — X-ray Machine Inspection Account; sources; use of moneys in account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 441.645 — OR Code / Title 36 / Chapter 441 / Section 441.645
441.645 Oral report to area agency on aging, department or law enforcement agency
Status: in_force

(1) An oral report shall be made immediately by telephone or otherwise to the local office of the area agency on aging or of the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of contact. If known, such reports shall contain the names and addresses of the resident and any persons responsible for the care of the resident, the nature and the extent of the abuse, including any evidence of previous abuse, the explanation given for the abuse and any other information which the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator.

(2) When a report is received by the area agency or department, the area agency or the department may notify the law enforcement agency having jurisdiction within the county where the report was made. When a report is received by a law enforcement agency, the agency shall immediately notify the law enforcement agency having jurisdiction if the receiving agency does not and the local office of the area agency or the department in the county where the report was made. [1979 c.770 §4; 1985 c.651 §4; 1993 c.759 §4]

Source: Section 441.645 — Oral report to area agency on aging, department or law enforcement agency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 433.271 — OR Code / Title 36 / Chapter 433 / Section 433.271
433.271 Thimerosal prohibited in school entry immunizations provided by Oregon Health Authority
Status: in_force

The Oregon Health Authority may not purchase or distribute a pediatric vaccine necessary for school entry immunization requirements if the vaccine contains thimerosal, unless thimerosal is detectable only in trace amounts or no other vaccine for the same purpose is commercially available in a form that does not contain thimerosal. The authority may purchase and distribute a pediatric vaccine that contains thimerosal if no other vaccine for the same purpose is commercially available in a form that does not contain thimerosal. [2001 c.720 §2; 2009 c.595 §653]

Note: 433.271 (Thimerosal prohibited in school entry immunizations provided by Oregon Health Authority) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 433.271 — Thimerosal prohibited in school entry immunizations provided by Oregon Health Authority; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 441.020 — OR Code / Title 36 / Chapter 441 / Section 441.020
441.020 Application
Status: in_force

(1) Licenses for health care facilities, except long term care facilities as defined in ORS 442.015 (Definitions) , must be obtained from the Oregon Health Authority.

(2) Licenses for long term care facilities must be obtained from the Department of Human Services.

(3) Applications shall be upon such forms and shall contain such information as the authority or the department may reasonably require, which may include affirmative evidence of ability to comply with such reasonable standards and rules as may lawfully be prescribed under ORS 441.025 (License issuance) .

(4) Intentionally left blank —Ed.

(a) Each application submitted to the Oregon Health Authority must be accompanied by the license fee. If the license is denied, the fee shall be refunded to the applicant. If the license is issued, the fee shall be paid into the State Treasury to the credit of the Oregon Health Authority Fund for the purpose of carrying out the functions of the Oregon Health Authority under and enforcing ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.119 (Exemptions) , 441.761 (Nurse Staffing Advisory Board) to 441.795 (Limitations on rulemaking authority of Oregon Health Authority) and 441.993 (Civil penalties and administrative actions) ; or

(b) Each application submitted to the Department of Human Services must be accompanied by the application fee or the annual renewal fee, as applicable. If the license is denied, the fee shall be refunded to the applicant. If the license is issued, the fee shall be paid into the State Treasury to the credit of the Department of Human Services Account for the purpose of carrying out the functions of the Department of Human Services under and enforcing ORS 431A.050 (Oregon Health Authority to develop comprehensive emergency medical services and trauma system) to 431A.080 (Duties of Oregon Health Authority related to trauma) , 441.015 (Licensing of facilities and health maintenance organizations) to 441.119 (Exemptions) and 441.993 (Civil penalties and administrative actions) .

(5) Except as otherwise provided in subsection (8) of this section, for hospitals with:

(a) Fewer than 26 beds, the annual license fee shall be $1,250.

(b) Twenty-six beds or more but fewer than 50 beds, the annual license fee shall be $1,850.

(c) Fifty or more beds but fewer than 100 beds, the annual license fee shall be $3,800.

(d) One hundred beds or more but fewer than 200 beds, the annual license fee shall be $6,525.

(e) Two hundred or more beds, but fewer than 500 beds, the annual license fee shall be $8,500.

(f) Five hundred or more beds, the annual license fee shall be $12,070.

(6) A hospital shall pay an annual fee of $750 for each hospital satellite indorsed under the hospital’s license.

(7) The authority may charge a reduced hospital fee or hospital satellite fee if the authority determines that charging the standard fee constitutes a significant financial burden to the facility.

(8) For long term care facilities with:

(a) One to 15 beds, the application fee shall be $2,000 and the annual renewal fee shall be $1,000.

(b) Sixteen to 49 beds, the application fee shall be $3,000 and the annual renewal fee shall be $1,500.

(c) Fifty to 99 beds, the application fee shall be $4,000 and the annual renewal fee shall be $2,000.

(d) One hundred to 150 beds, the application fee shall be $5,000 and the annual renewal fee shall be $2,500.

(e) More than 150 beds, the application fee shall be $6,000 and the annual renewal fee shall be $3,000.

(9) For ambulatory surgical centers, the annual license fee shall be:

(a) $1,750 for certified and high complexity noncertified ambulatory surgical centers with more than two procedure rooms.

(b) $1,250 for certified and high complexity noncertified ambulatory surgical centers with no more than two procedure rooms.

(c) $1,000 for moderate complexity noncertified ambulatory surgical centers.

(10) For birthing centers, the annual license fee shall be $750.

(11) For outpatient renal dialysis facilities, the annual license fee shall be $2,000.

(12) The authority shall prescribe by rule the fee for licensing an extended stay center, not to exceed:

(a) An application fee of $25,000; and

(b) An annual renewal fee of $5,000.

(13) During the time the licenses remain in force, holders are not required to pay inspection fees to any county, city or other municipality.

(14) Any health care facility license may be indorsed to permit operation at more than one location. If so, the applicable license fee shall be the sum of the license fees that would be applicable if each location were separately licensed. The authority may include hospital satellites on a hospital’s license in accordance with rules adopted by the authority.

(15) Licenses for health maintenance organizations shall be obtained from the Director of the Department of Consumer and Business Services pursuant to ORS 731.072 (“Certificate of authority,” “license.”) .

(16) Notwithstanding subsection (4) of this section, all moneys received for approved applications pursuant to subsection (8) of this section shall be deposited in the Quality Care Fund established in ORS 443.001 (Quality Care Fund) .

(17) As used in this section:

(a) “Hospital satellite” has the meaning prescribed by the authority by rule.

(b) “Procedure room” means a room where surgery or invasive procedures are performed. [Amended by 1957 c.697 §1; 1971 c.650 §19; 1971 c.730 §5; 1973 c.840 §5; 1977 c.284 §4; 1977 c.751 §20a; 1979 c.696 §15; 1987 c.428 §3; 1987 c.918 §7; 1995 c.449 §1; 1997 c.249 §139; 2001 c.100 §2; 2001 c.900 §161; 2009 c.595 §720; 2009 c.792 §§53,53a; 2009 c.828 §84; 2017 c.679 §11; 2018 c.50 §4; 2021 c.97 §54; 2023 c.507 §22]

Source: Section 441.020 — Application; fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 447.156 — OR Code / Title 36 / Chapter 447 / Section 447.156
447.156 Sale of uncertified plumbing products prohibited
Status: in_force

(1) Except as provided under ORS 447.154 (Plumbing product exemption) and subsection (3) of this section, no person shall offer to sell, sell or dispose of, by gift or otherwise, in connection with the person’s business an uncertified plumbing product.

(2) The provisions of ORS 447.152 (Plumbing products rules) , 447.154 (Plumbing product exemption) and 447.156 (Sale of uncertified plumbing products prohibited) do not apply to products determined by rule not to be plumbing products.

(3) In addition to any other remedy provided by law, any person who purchases a plumbing product sold or disposed of in violation of ORS 447.152 (Plumbing products rules) may recover from a person violating subsections (1) and (2) of this section an amount equal to the purchase price of the plumbing product if the purchaser returns the plumbing product within 90 days from the date of purchase. [1993 c.396 §§2,5]

Source: Section 447.156 — Sale of uncertified plumbing products prohibited; rules; remedy of purchaser , https://www.­oregonlegislature.­gov/bills_laws/ors/ors447.­html (accessed May 26, 2025).
ORS § 452.240 — OR Code / Title 36 / Chapter 452 / Section 452.240
452.240 Powers of county regarding vector control
Status: in_force

Any county court may:

(1) Take all necessary or proper steps and measures for the prevention, control or eradication of public health vectors using integrated pest management methods.

(2) Abate as nuisances all vector habitats.

(3) Purchase such supplies and materials and employ or contract for such labor as may be necessary or proper in furtherance of prevention, control or eradication.

(4) Fix the compensation and prescribe the duties of all employees, agents and servants.

(5) Enter upon all places within the county and adjacent thereto for the purpose of carrying out this section.

(6) Cut or remove such shrubbery or undergrowth as is necessary or proper in order to carry out this section.

(7) Treat, using integrated pest management methods places where public health vectors are found or are likely to exist.

(8) Generally do any and all things necessary or incident to the powers granted in ORS 452.230 (Rights under contract) to 452.250 (Interference prohibited) and to carry out the objectives specified in this section. [Amended by 1959 c.600 §16; 1981 c.640 §14; 2007 c.71 §138; 2007 c.258 §7]

Source: Section 452.240 — Powers of county regarding vector control , https://www.­oregonlegislature.­gov/bills_laws/ors/ors452.­html (accessed May 26, 2025).
ORS § 441.116 — OR Code / Title 36 / Chapter 441 / Section 441.116
441.116 Training required
Status: in_force

(1) A care facility shall ensure that the administrators and staff employed by the facility receive training, as part of the facility’s preservices or continuing education required by law, concerning:

(a) Caring for LGBTQIA2S+ residents and residents living with human immunodeficiency virus; and

(b) Preventing discrimination based on a resident’s sexual orientation, gender identity, gender expression or human immunodeficiency virus status.

(2) At a minimum, the training required by subsection (1) of this section must include:

(a) The defined terms commonly associated with LGBTQIA2S+ individuals and human immunodeficiency virus status;

(b) Best practices for communicating with or about LGBTQIA2S+ residents and residents living with human immunodeficiency virus, including the use of an individual’s chosen name and pronouns;

(c) A description of the health and social challenges historically experienced by LGBTQIA2S+ residents and residents living with human immunodeficiency virus, including discrimination when seeking or receiving care at care facilities and the demonstrated physical and mental health effects within the LGBTQIA2S+ community associated with such discrimination; and

(d) Strategies to create a safe and affirming environment for LGBTQIA2S+ residents and residents living with human immunodeficiency virus, including suggested changes to care facility policies and procedures, forms, signage, communication between residents and their families, activities, in-house services and staff training.

(3) The Department of Human Services shall establish by rule a process for a care facility to request approval of the training provided by the facility under this section. The department shall approve a training no later than 90 days after the date of request if:

(a) The care facility submits:

(A) A statement of the qualifications and training experience of the individual or entity providing the training;

(B) The proposed methodology for providing the training either online or in person;

(C) An outline of the training; and

(D) Copies of the materials to be used in the training;

(b) The training meets the requirements of subsections (1) and (2) of this section; and

(c) The individual or entity providing the training demonstrates a commitment to advancing quality care for LGBTQIA2S+ residents and residents living with human immunodeficiency virus in this state.

(4) A care facility shall designate two employees, one who represents management at the facility and one who represents direct care staff at the facility, to receive the training described in subsections (1) and (2) of this section within 12 months of being designated and every two years thereafter. The designated employees shall serve as points of contact for the facility regarding compliance with ORS 441.111 (Definitions) to 441.119 (Exemptions) and 441.993 (Civil penalties and administrative actions) and shall develop a general training plan for the facility. In the event a designated employee ceases to be employed by the facility, the facility shall designate another employee, who is representative of the employee group represented by the former designee and who shall complete the training required by subsections (1) and (2) of this section, to serve as a point of contact for the facility regarding compliance with ORS 441.111 (Definitions) to 441.119 (Exemptions) and 441.993 (Civil penalties and administrative actions) and to have joint responsibility for the facility’s training plan.

(5) Within 12 months of hiring and every two years thereafter, a care facility shall provide to administrators and staff employed by the facility the training described in subsections (1) and (2) of this section. Training provided subsequent to the initial training of an administrator or staff person employed by the facility must include, at a minimum, refresher courses on the topics described in subsection (2)(b) and (d) of this section.

(6) A care facility shall retain records documenting the completion of the training required by subsections (1) and (2) of this section by each administrator and staff member at the facility. The records shall be made available, upon request, to the Department of Human Services and the office of the Long Term Care Ombudsman.

(7) A care facility is responsible for the cost of providing the training required by this section to each administrator and staff person employed by the facility. [2023 c.567 §6]

Note: Section 11, chapter 567, Oregon Laws 2023, provides:

Sec. 11. The training described in:

(1) Section 6 (1) and (2) of this 2023 Act [ 441.116 (Training required) (1) and (2)] shall first be provided to administrators and staff employed by a care facility, individuals and staff employed by entities that contract with a care facility to provide services or supports directly to residents of the care facility and the Long Term Care Ombudsman, the deputy ombudsmen and their designees no later December 31, 2024.

(2) Section 6 (4) of this 2023 Act shall first be provided no later than July 1, 2024. [2023 c.567 §11]

Source: Section 441.116 — Training required; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 451.542 — OR Code / Title 36 / Chapter 451 / Section 451.542
451.542 Filing boundary change with county assessor and Department of Revenue
Status: in_force

For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225 (Boundary changes) . [2001 c.138 §34]

Note: 451.542 (Filing boundary change with county assessor and Department of Revenue) was added to and made a part of 451.410 (Definitions for ORS 451.410 to 451.610) to 451.610 (Advisory committee for emergency communications system) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 451.542 — Filing boundary change with county assessor and Department of Revenue , https://www.­oregonlegislature.­gov/bills_laws/ors/ors451.­html (accessed May 26, 2025).
ORS § 433.128 — OR Code / Title 36 / Chapter 433 / Section 433.128
433.128 Conditions of and principles for isolation or quarantine
Status: in_force

When isolating or quarantining a person or group of persons in accordance with ORS 433.121 (Emergency administrative order for isolation or quarantine) or 433.123 (Petition for court order for isolation or quarantine) , the Public Health Director or the local public health administrator shall adhere to the following conditions and principles:

(1) Isolation or quarantine must be by the least restrictive means necessary to prevent the spread of a communicable disease or possibly communicable disease to others or to limit exposure to or contamination with a toxic substance by others, and may include, but is not limited to, confinement to private homes or other public or private premises.

(2) Confinement may not be in a prison, jail or other facility where those charged with a crime or a violation of a municipal ordinance are incarcerated unless:

(a) The person or group of persons represents an immediate and serious physical threat to the staff or physical facilities of a hospital or other facility in which the person or group of persons has been confined; or

(b) A person has been found in contempt of court because of failure to obey a court order.

(3) Isolated persons must be confined separately from quarantined persons. If a facility is not capable of separating isolated persons from quarantined persons, either the isolated persons or the quarantined persons must be moved to a separate facility.

(4) The health status of an isolated or quarantined person must be monitored regularly to determine if the person requires continued isolation or quarantine.

(5) A quarantined person who subsequently becomes infected or is reasonably believed to have become infected with a communicable disease or possibly communicable disease that the Public Health Director or the local public health administrator believes poses a significant threat to the health and safety of other quarantined persons must be promptly placed in isolation.

(6) An isolated or quarantined person must be released as soon as practicable when the Public Health Director or local public health administrator determines that the person has been successfully decontaminated or that the person no longer poses a substantial risk of transmitting a communicable disease or possibly communicable disease that would constitute a serious or imminent threat to the health and safety of others.

(7) The needs of a person who is isolated or quarantined must be addressed to the greatest extent practicable in a systematic and competent fashion, including, but not limited to, providing adequate food, medication, competent medical care, clothing, shelter and means of communication with other persons who are in isolation or quarantine and persons who are not under isolation or quarantine.

(8) Premises used for isolation or quarantine must, to the extent practicable, be maintained in a safe and hygienic manner to lessen the likelihood of further transmission of a communicable disease or possibly communicable disease or of further harm to persons who are isolated and quarantined.

(9) Cultural and religious beliefs should be considered to the extent practicable in addressing the needs of persons who are isolated or quarantined and in establishing and maintaining premises used for isolation or quarantine.

(10) Intentionally left blank —Ed.

(a) Isolation or quarantine shall not abridge the right of any person to rely exclusively on spiritual means to treat a communicable disease or possibly communicable disease in accordance with religious or other spiritual tenets and practices.

(b) Nothing in ORS 433.126 (Notice to persons subject to order) to 433.138 (Assistance of law enforcement officials in enforcing orders) , 433.142 (Petition for isolation of contaminated property) and 433.466 (Right to legal counsel by persons subject to public health measure) prohibits a person who relies exclusively on spiritual means to treat a communicable disease or possibly communicable disease and who is infected with a communicable disease or has been exposed to a toxic substance from being isolated or quarantined in a private place of the person’s own choice, provided the private place is approved by the Public Health Director or the local public health administrator and the person who is isolated or quarantined complies with all laws, rules and regulations governing control, sanitation, isolation and quarantine.

(11) Prior to placing a person or group of persons subject to isolation or quarantine in a health care facility as defined in ORS 442.015 (Definitions) , the Public Health Director or the local public health administrator must provide to the managers of the health care facility notice of the intention to seek authorization from the circuit court to place a person or group of persons in isolation or quarantine in the facility and must consult with the managers of the health care facility regarding how to best meet the requirements of this section.

(12) The Public Health Director or local public health administrator shall provide adequate means of communication between a person or a group of persons who is isolated or quarantined and legal counsel for the person or group of persons. [2007 c.445 §12; 2011 c.721 §5; 2015 c.736 §79]

Source: Section 433.128 — Conditions of and principles for isolation or quarantine; notice to manager of health care facility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 450.090 — OR Code / Title 36 / Chapter 450 / Section 450.090
450.090 Deposit of district moneys
Status: in_force

Moneys of the district may be deposited in accordance with ORS 295.001 (Definitions for ORS 295.001 to 295.108) to 295.108 (State Treasurer rules) and as designated by the district board. Moneys shall be withdrawn or paid out only upon proper order and warrant or check signed by the president and countersigned by the secretary. The order shall:

(1) Specify the name of the person to whom the moneys are paid;

(2) Specify the fund from which the moneys are paid;

(3) State generally the purpose for which the moneys are paid; and

(4) Be entered in the minutes of the board. [Amended by 1977 c.318 §1; 2001 c.373 §2; 2019 c.587 §41]

Source: Section 450.090 — Deposit of district moneys; contents of withdrawal or payment order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 444.240 — OR Code / Title 36 / Chapter 444 / Section 444.240
444.240 Preparation and distribution of examination blanks
Status: in_force

(1) The Oregon Health and Science University shall prepare blanks containing such questions and requiring such information as may in its judgment be necessary and proper to be obtained by the physician who examines the patient under order of court.

(2) A supply of such blanks shall be sent to the judge exercising jurisdiction under ORS 419B.100 (Jurisdiction) or 419C.005 (Jurisdiction) . The president of the Oregon Health and Science University shall determine the number of blanks to be printed and distributed to the judges.

(3) The bills for the printing of blanks shall be audited, allowed and paid in the same manner as the printing bills of the Oregon Health and Science University. [Amended by 1967 c.534 §31; 1975 c.693 §17; 1993 c.33 §357]

Source: Section 444.240 — Preparation and distribution of examination blanks; printing cost , https://www.­oregonlegislature.­gov/bills_laws/ors/ors444.­html (accessed May 26, 2025).
ORS § 442.400 — OR Code / Title 36 / Chapter 442 / Section 442.400
442.400 “Health care facility” defined
Status: in_force

As used in ORS 442.400 (“Health care facility” defined) to 442.463 (Annual utilization report) , unless the context requires otherwise, “health care facility” or “facility” means such facility as defined by ORS 442.015 (Definitions) , exclusive of a long term care facility, and includes all publicly and privately owned and operated health care facilities, but does not include facilities described in ORS 441.065 (Exemption of certain religious institutions) . [Formerly 441.415; 1979 c.697 §8; 1981 c.693 §15]

Source: Section 442.400 — “Health care facility” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 441.083 — OR Code / Title 36 / Chapter 441 / Section 441.083
441.083 Drug information to be provided patients of long term and intermediate care facilities
Status: in_force

(1) If a long term care facility or an intermediate care facility required to be licensed pursuant to ORS 441.015 (Licensing of facilities and health maintenance organizations) charges patients for drugs, the following shall be made available to the patient on request:

(a) Name of the drug;

(b) Amount paid by the facility for the drug; and

(c) Amount charged by the facility for the drug.

(2) If a pharmacy charges any person for a drug administered to a patient in a long term care facility or an intermediate care facility, the pharmacy shall provide on request a written bill listing the:

(a) Name of the drug; and

(b) Amount charged by the pharmacy for the drug.

(3) As used in this section, “person” includes the patient and any insurance company or other party responsible for health care costs incurred by the patient. [1979 c.680 §3]

Source: Section 441.083 — Drug information to be provided patients of long term and intermediate care facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 443.422 — OR Code / Title 36 / Chapter 443 / Section 443.422
443.422 Siting of licensed residential facilities
Status: in_force

(1) To prevent the perpetuation of segregated housing patterns, the Department of Human Services, in consultation with the Oregon Health Authority, shall determine the location and type of licensed residential facilities and the location of facilities subject to the provisions of ORS 169.690 (Establishment of halfway houses and other facilities) .

(2) Before a license is issued for a residential facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) , the issuing agency shall determine the number and type of any other licensed residential facilities and the number and type of facilities subject to the provisions of ORS 169.690 (Establishment of halfway houses and other facilities) within a 1,200 foot radius.

(3) None of the data collected under this section shall be used in a manner that violates the Fair Housing Amendments Act of 1988. [1989 c.564 §11; 2009 c.595 §782]

Note: 443.422 (Siting of licensed residential facilities) was added to and made a part of ORS chapter 443 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 443.422 — Siting of licensed residential facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 446.321 — OR Code / Title 36 / Chapter 446 / Section 446.321
446.321 Fee for license
Status: in_force

(1) Every applicant for a license under ORS 446.320 (Tourist facility license required) shall pay to the Oregon Health Authority a fee established by the authority by rule. The fee may not exceed $100, except that recreation parks shall pay an additional fee not to exceed $3 for each space.

(2) Rules adopted pursuant to subsection (1) of this section shall be adopted in accordance with ORS chapter 183. [1983 c.707 §12; 2005 c.22 §317; 2009 c.595 §814; 2019 c.510 §1]

Source: Section 446.321 — Fee for license; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors446.­html (accessed May 26, 2025).
ORS § 442.720 — OR Code / Title 36 / Chapter 442 / Section 442.720
442.720 Board of governors for cooperative program
Status: in_force

(1) If the Director of the Oregon Health Authority issues an order approving an application for a cooperative program under ORS 442.710 (Application for approval of cooperative program) , the director shall establish a board of governors to govern the cooperative program. The board of governors shall not constitute, for any purpose, a governmental agency.

(2) The board of governors shall consist of the president or other chief executive officer of each health care provider that is a party to the cooperative program agreement and the director or a designee of the director. The designee shall serve at the pleasure of the director. The designee shall not have any economic or other interest in any of the health care providers associated with the cooperative program.

(3) In governing the cooperative program, the board of governors shall develop policy and approve budgets for the implementation of the cooperative program.

(4) The director or designee of the director may reject any operating or capital budget of the cooperative program upon a finding by the director that the budget is not consistent with the goals listed in ORS 442.705 (Legislative findings) (2) that the cooperative program is expected to achieve. [1993 c.769 §5; 2009 c.595 §758]

Source: Section 442.720 — Board of governors for cooperative program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 443.447 — OR Code / Title 36 / Chapter 443 / Section 443.447
443.447 Quality Measurement Council
Status: in_force

(1) The Quality Measurement Council is established in the Department of Human Services to prescribe how the department shall implement the Residential Care Quality Measurement Program established under ORS 443.446 (Residential Care Quality Measurement Program) .

(2) The council consists of nine members, appointed by the Governor, as follows:

(a) One individual representing the Oregon Patient Safety Commission;

(b) One individual representing residential care facilities;

(c) One consumer representative from an Alzheimer’s advocacy organization;

(d) One licensed health care practitioner with experience in geriatrics;

(e) Two individuals associated with an academic institution who have expertise in research using data and analytics and in community-based care and quality reporting;

(f) The Long Term Care Ombudsman or a designee of the Long Term Care Ombudsman;

(g) One individual representing the department; and

(h) One direct care worker or a representative of a direct care worker who works in a residential care facility.

(3) Intentionally left blank —Ed.

(a) On and after January 1, 2022, the council may update by rule the quality metrics to be reported by residential care facilities under ORS 443.446 (Residential Care Quality Measurement Program) .

(b) In developing quality metrics the council shall consider whether the data that must be reported reflect and promote quality care and whether reporting the data is unnecessarily burdensome on residential care facilities. [2017 c.679 §16; 2021 c.655 §1]

Source: Section 443.447 — Quality Measurement Council , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 443.004 — OR Code / Title 36 / Chapter 443 / Section 443.004
443.004 Criminal records check required for employees and volunteers providing direct care
Status: in_force

(1) Intentionally left blank —Ed.

(a) The Department of Human Services or the Oregon Health Authority shall complete a criminal records check under ORS 181A.195 (Criminal records check) on:

(A) An employee of a residential facility or an adult foster home;

(B) Any individual who is paid directly or indirectly with public funds who has or will have contact with a recipient of support services or a resident of an adult foster home or a residential facility; and

(C) A home care worker or personal support worker registering with the Home Care Commission or renewing a registration with the Home Care Commission.

(b) The department or the authority shall complete the criminal records check under paragraph (a) of this subsection not more than once during an 18-month period unless the department or the authority:

(A) Receives credible evidence of a new criminal conviction;

(B) Receives credible evidence to substantiate a complaint of abuse or neglect;

(C) Is required by federal law to conduct more frequent criminal records checks;

(D) Is notified that a subject individual has changed positions or duties for which there are different criminal records check requirements; or

(E) Determines, under criteria set forth in rules adopted by the department or the authority, that it would be burdensome for a subject individual to wait for a new criminal records check.

(2) Intentionally left blank —Ed.

(a) A home health agency shall conduct a criminal background check before hiring or contracting with an individual and before allowing an individual to volunteer to provide services on behalf of the home health agency, if the individual will have direct contact with a patient of the home health agency.

(b) An in-home care agency shall conduct a criminal background check before hiring or contracting with an individual and before allowing an individual to volunteer to provide services on behalf of the in-home care agency, if the individual will have direct contact with a client of the in-home care agency.

(c) The authority shall prescribe by rule the process for conducting a criminal background check.

(3) Public funds may not be used to support, in whole or in part, the employment in any capacity having contact with a recipient of support services or a resident of a residential facility or an adult foster home, of an individual, other than a mental health or substance abuse treatment provider, who has been convicted:

(a) Of a crime described in ORS 163.095 (“Aggravated murder” defined) , 163.107 (Murder in the first degree) , 163.115 (Murder in the second degree) , 163.118 (Manslaughter in the first degree) , 163.125 (Manslaughter in the second degree) , 163.145 (Criminally negligent homicide) , 163.149 (Aggravated vehicular homicide) , 163.165 (Assault in the third degree) , 163.175 (Assault in the second degree) , 163.185 (Assault in the first degree) , 163.187 (Strangulation) , 163.200 (Criminal mistreatment in the second degree) , 163.205 (Criminal mistreatment in the first degree) , 163.225 (Kidnapping in the second degree) , 163.235 (Kidnapping in the first degree) , 163.263 (Subjecting another person to involuntary servitude in the second degree) , 163.264 (Subjecting another person to involuntary servitude in the first degree) , 163.266 (Trafficking in persons) , 163.275 (Coercion) , 163.465 (Public indecency) , 163.467 (Private indecency) , 163.535 (Abandonment of a child) , 163.537 (Buying or selling a person under 18 years of age) , 163.547 (Child neglect in the first degree) , 163.689 (Possession of materials depicting sexually explicit conduct of a child in the second degree) , 163.700 (Invasion of personal privacy in the second degree) , 163.701 (Invasion of personal privacy in the first degree) , 164.055 (Theft in the first degree) , 164.057 (Aggravated theft in the first degree) , 164.098 (Organized retail theft) , 164.125 (Theft of services) (5)(c) or (d), 164.215 (Burglary in the second degree) , 164.225 (Burglary in the first degree) , 164.325 (Arson in the first degree) , 164.377 (Computer crime) (2) or (3), 164.405 (Robbery in the second degree) , 164.415 (Robbery in the first degree) , 165.013 (Forgery in the first degree) , 165.022 (Criminal possession of a forged instrument in the first degree) , 165.032 (Criminal possession of a forgery device) , 165.800 (Identity theft) , 165.803 (Aggravated identity theft) , 167.012 (Promoting prostitution) , 167.017 (Compelling prostitution) , 167.057 (Luring a minor) , 167.320 (Animal abuse in the first degree) or 167.322 (Aggravated animal abuse in the first degree) ;

(b) Notwithstanding paragraph (a) of this subsection, of a crime described in ORS 163.465 (Public indecency) , 163.467 (Private indecency) , 163.700 (Invasion of personal privacy in the second degree) , 163.701 (Invasion of personal privacy in the first degree) , 164.055 (Theft in the first degree) , 164.125 (Theft of services) or 164.377 (Computer crime) , the date of conviction for which was within the five years immediately preceding employment in any capacity of an individual, other than a mental health or substance abuse treatment provider, having contact with a recipient of support services, a resident of a residential facility or a resident of an adult foster home, when the recipient or resident is 65 years of age or older;

(c) Of a crime listed in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) ;

(d) In the last 10 years, of a crime involving the delivery or manufacture of a controlled substance;

(e) Of an attempt, conspiracy or solicitation to commit a crime described in paragraphs (a) to (d) of this subsection; or

(f) Of a crime in another jurisdiction that is substantially equivalent, as defined by rule, to a crime described in paragraphs (a) to (e) of this subsection.

(4) If the criminal background check conducted by a home health agency or in-home care agency under subsection (2) of this section reveals that the individual who is subject to the criminal background check has been convicted of any of the crimes described in subsection (3) of this section, the home health agency or in-home care agency may not employ the individual.

(5) Public funds may not be used to support, in whole or in part, the employment, in any capacity having contact with a recipient of support services or a resident of a residential facility or an adult foster home, of a mental health or substance abuse treatment provider who has been convicted of committing, or convicted of an attempt, conspiracy or solicitation to commit, a crime described in ORS 163.095 (“Aggravated murder” defined) , 163.107 (Murder in the first degree) , 163.115 (Murder in the second degree) , 163.375 (Rape in the first degree) , 163.405 (Sodomy in the first degree) , 163.411 (Unlawful sexual penetration in the first degree) or 163.427 (Sexual abuse in the first degree) .

(6) Upon the request of a mental health or substance abuse treatment provider, the department or authority shall maintain a record of the results of any fitness determination made under ORS 181A.195 (Criminal records check) (10). The department or authority may disclose the record only to a person the provider specifically authorizes, by a written release, to receive the information.

(7) If the department or authority has a record of substantiated abuse committed by an employee or potential employee of a home health agency, in-home care agency, adult foster home or residential facility, regardless of whether criminal charges were filed, the department or authority shall notify, in writing, the employer and the employee or potential employee and may conduct a fitness determination in accordance with this section and ORS 181A.195 (Criminal records check) .

(8) As used in this section:

(a) “Adult foster home” has the meaning given that term in ORS 443.705 (Definitions for ORS 443.705 to 443.825) .

(b) “Home care worker” has the meaning given that term in ORS 410.600 (Definitions for ORS 410.595 to 410.625) .

(c) “Home health agency” has the meaning given that term in ORS 443.014 (Definitions for ORS 443.014 to 443.105) .

(d) “In-home care agency” has the meaning given that term in ORS 443.305 (Definitions for ORS 443.305 to 443.350) .

(e) “Mental health or substance abuse treatment provider” means:

(A) A peer support specialist;

(B) An employee of a residential treatment facility or a residential treatment home that is licensed under ORS 443.415 (License applications) to provide treatment for individuals with alcohol or drug dependence;

(C) An individual who provides treatment or services for persons with substance use disorders; or

(D) An individual who provides mental health treatment or services.

(f) “Peer support specialist” has the meaning given that term in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) .

(g) “Personal support worker” has the meaning given that term in ORS 410.600 (Definitions for ORS 410.595 to 410.625) .

(h) “Residential facility” has the meaning given that term in ORS 443.400 (Definitions for ORS 443.400 to 443.455) . [2009 c.837 §6; 2009 c.828 §81; 2010 c.93 §§12,13; 2011 c.608 §1; 2011 c.681 §§8,9; 2012 c.70 §17; 2015 c.645 §8; 2015 c.758 §16; 2017 c.618 §6; 2018 c.75 §24; 2019 c.423 §§2,3; 2019 c.517 §§2,3; 2019 c.635 §§27,28; 2021 c.198 §2]

Note: Section 42, chapter 837, Oregon Laws 2009, provides:

Sec. 42. (1) ORS 443.004 (Criminal records check required for employees and volunteers providing direct care) applies to employees who are hired on or after July 28, 2009.

(2) ORS 443.004 (Criminal records check required for employees and volunteers providing direct care) does not apply to an employee hired prior to July 28, 2009, who has remained with the same employer, even if the employee has been promoted or transferred to a different position with the employer since that date. [2009 c.837 §42; 2019 c.423 §4]

Note: See second note under 443.001 (Quality Care Fund) .

Source: Section 443.004 — Criminal records check required for employees and volunteers providing direct care; exceptions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 450.967 — OR Code / Title 36 / Chapter 450 / Section 450.967
450.967 Funding of retirement plan
Status: in_force

The authority may budget and provide for payment into the fund of the retirement plan an amount sufficient:

(1) To provide, on an actuarial reserve basis, the amortized level premium cost of the retirement benefits which, under the provision of the retirement system, are to be provided by the authority to its employees who attain the retirement age or retire in accordance with the terms of the retirement plan.

(2) To meet the actuarially computed costs of retirement benefits measured on the basis of services rendered or to be rendered by an employee before or after the date on which such employee becomes a member of the retirement plan. [1973 c.399 §11]

Source: Section 450.967 — Funding of retirement plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 431.131 — OR Code / Title 36 / Chapter 431 / Section 431.131
431.131 Foundational capabilities
Status: in_force

(1) The Oregon Health Authority, in consideration of the advice provided by the Oregon Health Policy Board under ORS 431.125 (Duties related to public health laws) , shall establish by rule the foundational capabilities necessary to protect and improve the health of the residents of this state and to achieve effective and equitable health outcomes for the residents of this state.

(2) At a minimum, the authority shall establish the following foundational capabilities:

(a) Assessment and epidemiology, as described in ORS 431.132 (Assessment and epidemiology) ;

(b) Emergency preparedness and response, as described in ORS 431.133 (Emergency preparedness and response) ;

(c) Communications as described in ORS 431.134 (Communications) ;

(d) Policy and planning as described in ORS 431.135 (Policy and planning) ;

(e) Leadership and organizational competencies, as described in ORS 431.136 (Leadership and organizational competencies) ;

(f) Health equity and cultural responsiveness, as described in ORS 431.137 (Health equity and cultural responsiveness) ; and

(g) Community partnership development, as described in ORS 431.138 (Community partnership development) . [2015 c.736 §9]

Source: Section 431.131 — Foundational capabilities; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431.­html (accessed May 26, 2025).
ORS § 450.920 — OR Code / Title 36 / Chapter 450 / Section 450.920
450.920 Disposition of proceeds of sale of bonds
Status: in_force

The proceeds of the sale of bonds shall be deposited with the county treasurer who is custodian of the funds of the authority and shall be placed by the county treasurer in the sanitary authority fund and credited to a special account or accounts which are designated for use for the particular purpose or purposes for which the bond proceeds are to be used. The proceeds of such bonds shall be used solely for the purpose or purposes indicated in the order calling for election upon the question of the issuance of the bonds and for no other purpose. However, the proceeds of the sale of the bonds may be used for payment of the principal and interest of such bonds and expenses of the formation of the authority. [1955 c.614 §46]

Source: Section 450.920 — Disposition of proceeds of sale of bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 441.710 — OR Code / Title 36 / Chapter 441 / Section 441.710
441.710 Civil penalties
Status: in_force

(1) Intentionally left blank —Ed.

(a) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty on a person pursuant to ORS 441.731 (Civil penalties) for any of the following:

(A) Violation of any of the terms or conditions of a license issued under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.119 (Exemptions) , 441.525 (Definitions for ORS 441.525 to 441.595) to 441.595 (Construction of ORS 441.525 to 441.595) , 441.815 (Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited) , 441.820 (Procedure for termination of physician’s privilege to practice medicine at health care facility) , 441.990 (Civil and criminal penalties) , 441.993 (Civil penalties and administrative actions) , 442.342 (Waiver of requirements) , 442.344 (Exemptions from requirements) and 442.400 (“Health care facility” defined) to 442.463 (Annual utilization report) for a long term care facility, as defined in ORS 442.015 (Definitions) .

(B) Violation of ORS 441.630 (Definitions for ORS 441.630 to 441.680) to 441.680 (Spiritual healing alone not considered abuse of resident) .

(C) Violation of any rule or general order of the Department of Human Services that pertains to a long term care facility.

(D) Violation of any final order of the director that pertains specifically to the long term care facility owned or operated by the person incurring the penalty.

(E) Violation of ORS 441.605 (Legislative declaration of rights intended for residents) or of rules required to be adopted under ORS 441.610 (Nursing home patients’ bill of rights) .

(F) Violation of ORS 443.880 (Responsibilities of residential facility regarding property of resident) or 443.881 (Transfer of property) if the facility is a residential care facility.

(b) In addition to any other liability or penalty provided by law, the director may impose a civil penalty on a residential training facility or residential training home for violation of ORS 443.880 (Responsibilities of residential facility regarding property of resident) or 443.881 (Transfer of property) . The director shall prescribe a reasonable time for elimination of a violation by a residential training facility or residential training home:

(A) Not to exceed 30 days after first notice of a violation; or

(B) In cases where the violation requires more than 30 days to correct, such time as is specified in a plan of correction found acceptable by the director.

(2) In addition to any other liability or penalty provided by law, the Director of the Oregon Health Authority may impose a civil penalty on a person for a violation of ORS 443.880 (Responsibilities of residential facility regarding property of resident) or 443.881 (Transfer of property) if the facility is a residential treatment facility or a residential treatment home.

(3) The Director of Human Services may not impose a penalty under subsection (1) of this section for violations other than those involving direct patient care or feeding, an adequate staff to patient ratio, sanitation involving direct patient care or a violation of ORS 441.605 (Legislative declaration of rights intended for residents) or 443.880 (Responsibilities of residential facility regarding property of resident) or 443.881 (Transfer of property) or of the rules required to be adopted by ORS 441.610 (Nursing home patients’ bill of rights) unless a violation is found on two consecutive surveys of a long term care facility.

(4) The Director of the Oregon Health Authority may not impose a penalty under subsection (2) of this section for violations other than those involving direct patient care or feeding, an adequate staff to patient ratio, sanitation involving direct patient care or a violation of ORS 443.880 (Responsibilities of residential facility regarding property of resident) or 443.881 (Transfer of property) . The director in every case shall prescribe a reasonable time for elimination of a violation:

(a) Not to exceed 30 days after first notice of a violation; or

(b) In cases where the violation requires more than 30 days to correct, such time as is specified in a plan of correction found acceptable by the director. [1975 c.328 §1; 1977 c.261 §8; 1979 c.261 §8; 1983 c.740 §159; 1987 c.428 §36; 1991 c.413 §4; 2009 c.595 §739; 2011 c.9 §61; 2017 c.679 §7]

Note: See note under 441.705 (Definitions for ORS 441.705 to 441.745) .

Source: Section 441.710 — Civil penalties; when imposed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 431a.198 — OR Code / Title 36 / Chapter 431a / Section 431a.198
431A.198 Licensure
Status: in_force

(1) Except as provided in subsection (8) of this section, the Department of Revenue shall issue licenses to, and annually renew licenses for, a person that makes retail sales of tobacco products or inhalant delivery systems at qualified premises.

(2) To be qualified for licensure under this section, a premises:

(a) Must be a premises that is fixed and permanent;

(b) May not be located in an area that is zoned exclusively for residential use; and

(c) Must meet any qualification for engaging in the retail sale of tobacco products and inhalant delivery systems enacted as an ordinance by the governing body of a local public health authority under ORS 431A.218 (Local regulation) , provided that the department has knowledge of the qualification pursuant to an agreement entered into under ORS 431A.212 (Intergovernmental agreements) .

(3) For the purpose of licensing premises under this section, the department shall adopt rules establishing:

(a) Procedures for applying for and renewing licenses; and

(b) Licensure application, issuance and renewal fees.

(4) An application submitted under this section and information related to applying for or renewing a license under this section is confidential and not subject to public disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . However, the department may share an application submitted under this section and information related to applying for or renewing a license under this section with the Department of Justice, the Oregon Health Authority or a local public health authority.

(5) The Department of Revenue shall publish a list that includes the name of each person to which a license has been issued under this section, the address of each premises for which a license has been issued under this section and any other information that the department determines is relevant to the public with respect to the retail sale of tobacco products and inhalant delivery systems.

(6) Fees established under subsection (3)(b) of this section must be reasonably calculated to cover but not exceed the costs incurred by the department in administering ORS 431A.190 (Definitions for ORS 431A.190 to 431A.216) to 431A.216 (Civil penalty for violation of ORS 431A.190 to 431A.216, other law, rule or regulation governing tobacco products or inhalant delivery systems) .

(7) All moneys collected under this section shall be deposited in the suspense account described in ORS 431A.206 (Suspense account for administration and enforcement) .

(8) The department may not require a person that makes retail sales of tobacco products or inhalant delivery systems to obtain a license under this section if the person holds a license or other authorization issued by a city or local public health authority pursuant to ORS 431A.220 (Continuity) . [2021 c.586 §5]

Source: Section 431A.198 — Licensure; fees; rules; exemption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).
ORS § 441.289 — OR Code / Title 36 / Chapter 441 / Section 441.289
441.289 Powers and duties of trustee
Status: in_force

A trustee appointed under ORS 441.281 (Petition for appointment of trustee) :

(1) May exercise any powers and shall perform any duties required by the court.

(2) Shall operate the facility in such a manner as to protect the health and welfare of the patients.

(3) Shall have the same rights to possession of the building in which the facility is located and of all goods and fixtures in the building at the time the petition for the appointment of the trustee is filed as the licensee would have had if the trustee had not been appointed.

(4) Shall take such action as is reasonably necessary to protect and conserve the assets and property the trustee takes in possession, or the proceeds of any transfer thereof, and may use them only in the performance of the powers and duties set forth in this section and by order of the court.

(5) May receive and spend the facility’s income and encumber its assets to the extent specifically authorized by the court and do all acts necessary or appropriate to promote the health and safety of the patients.

(6) Shall have the power to maintain an action to reach the assets of the parent corporation if it appears to the court that the parent corporation is the actual controlling owner of the facility and that the named owner is not in control of the facility.

(7) May use the building, fixtures, furnishings and any accompanying consumable goods in the provision of care and services to patients at the time the petition for the appointment of the trustee was filed.

(8) Shall collect payments for all goods and services provided to patients during the period of the trust, at the same rate of payment charged by the facility at the time the petition for the appointment of the trustee was filed, unless a different rate is set by the court.

(9) May correct or eliminate any deficiency in the structure or furnishings of the facility which endangers the health or welfare of the patients while they remain in the facility. However, the total cost of correction may not exceed $3,000 unless the court orders expenditures for this purpose in excess of $3,000 upon application by the trustee.

(10) May make contracts and hire agents and employees to assist the trustee in carrying out the powers and duties described in this section, subject to approval by the court.

(11) Except as provided in ORS 441.296 (Liability for rent or contracts) , shall honor all leases, mortgages and secured transactions governing the building in which this facility is located and all goods and fixtures in the building of which the trustee has taken possession, but only to the extent of payments which, in the case of a rental agreement, are for the use of the property during the period of the trust, or which, in the case of a purchase agreement, come due during the period of the trust.

(12) May direct, manage and discharge employees of the facility, subject to any contract rights they may have.

(13) Shall pay employees at the same rate of compensation, including benefits, that the employees would have received from the owner, operator or other controlling person, except the trustee shall compensate employees only for time actually worked during the period of the trust and shall not be responsible for reimbursement for vacations or periods of sick leave. However, in no case shall a trustee compensate any employee of a facility in an amount which is less than the minimum amount required by law.

(14) Shall be entitled to take possession of all property or assets belonging to patients that are in the possession of the long term care facility.

(15) Shall preserve and protect all property, assets and records of patients of which the trustee takes possession.

(16) May prohibit any person, including a licensee, from entering or remaining on the premises if in the opinion of the trustee the person is interfering or has materially interfered with the ability of the trustee to exercise the powers and duties under this section.

(17) If the facility ceases to operate and closes during the period of the trust and any patient is transferred as a result, shall ensure that:

(a) Transportation of the patient, the patient’s belongings and the medical record to the new location is provided.

(b) Aid for locating alternative placements is available to the patient or the patient’s legal representative.

(c) Each patient is physically and mentally prepared for transfer to avoid possible trauma due to the transfer.

(d) Each patient or the patient’s legal representative is permitted to participate in the selection of the new placement.

(18) Is an agent of the state for purposes of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) for which the Department of Human Services shall be assessed and the department may use the Facility Fund established under ORS 441.303 (Establishment of Facility Fund) to pay the assessment. [1981 c.868 §4; 1985 c.731 §28; 1987 c.428 §20; 1997 c.249 §140; 2009 c.539 §3]

Source: Section 441.289 — Powers and duties of trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 436.255 — OR Code / Title 36 / Chapter 436 / Section 436.255
436.255 Court hearing on petition
Status: in_force

(1) Upon such a petition for determination of ability to give informed consent, the court shall assign a time, not later than 30 days thereafter, and a place for hearing the petition.

(2) The court may, at its discretion, hold a hearing on the petition at a place other than the courtroom if it would facilitate the presence of the respondent. The court shall cause a copy of the petition and notice of the hearing to be served on the respondent and the respondent’s parent, legal guardian or conservator, if any, at least 14 days prior to the hearing date. Notice is also required to the following:

(a) The spouse of the respondent, if any;

(b) The sibling of the respondent if there are no living parents;

(c) The system described in ORS 192.517 (Access to records of individual with disability or individual with mental illness) (1); and

(d) Such other persons as the court may determine have an interest in the respondent.

(3) If the parent or legal guardian of the respondent is not a resident of this state, notice may be served by registered mail or by certified mail with return receipt. If the residence of the respondent’s parent or legal guardian is unknown, an affidavit so stating shall be filed in lieu of service. [1983 c.460 §8; 1991 c.249 §36; 2003 c.14 §247; 2005 c.498 §10]

Source: Section 436.255 — Court hearing on petition; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors436.­html (accessed May 26, 2025).
ORS § 453.780 — OR Code / Title 36 / Chapter 453 / Section 453.780
453.780 Radiology inspectors
Status: in_force

(1) All applicants for accreditation as radiology inspectors shall possess at a minimum one of the following combinations of education and experience:

(a) One year of experience and one of the following:

(A) Certification by the American Board of Radiology or the American Board of Health Physics;

(B) A doctoral degree in a physical or biological science; or

(C) A Doctor of Medicine degree or a degree recognized by the Oregon Health Authority as an equally qualified health professional degree.

(b) Two years of experience and a master’s degree in a physical or biological science.

(c) Four years of experience and a bachelor’s degree in a physical or biological science.

(d) Six years of experience and an associate’s degree in a physical or biological science.

(2) Experience required of an applicant includes, but is not limited to, measuring ionizing radiation, evaluating radiation safety and documenting radiation protection needs.

(3) In addition to meeting the education and experience requirements of this section, applicants shall be tested on knowledge of authority rules governing the X-ray machine inspection program, including but not limited to safety requirements and inspection procedures. Applicants shall also complete such additional written or practical testing as the authority may require.

(4) A license shall not be issued to an applicant unless the applicant has paid all required fees. [1995 c.444 §8; 2009 c.595 §915]

Source: Section 453.780 — Radiology inspectors; license; minimum qualifications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 454.225 — OR Code / Title 36 / Chapter 454 / Section 454.225
454.225 Rates and charges
Status: in_force

The governing body of the municipality may establish just and equitable rates or charges to be paid for the use of the disposal system by each person, firm or corporation whose premises are served thereby, or upon subsequent service thereto. If the service charges so established are not paid when due, the amounts thereof, together with such penalties, interests and costs as may be provided by the governing body of the municipality may be recovered in an action at law, or if the municipality does not have the ability to collect sewerage disposal charges in connection with or as part of the charge for another service or utility that can be curtailed to secure collection, the charge may be certified and presented after July 15 and on or before the following July 15 to the tax assessor of the county in which the municipality is situated and be by the assessor assessed against the premises serviced on the next assessment and tax roll prepared after July 15. Once the service charges are certified and presented to the assessor, the payment for the service charges must be made to the tax collector pursuant to ORS 311.370 (Receipts for taxes collected in advance of extension on the tax roll) . Such payment shall be made by the person responsible for the delinquent service charge or by the municipality who has received payment for the delinquent service charge. These charges shall thereupon be collected and paid over in the same manner as other taxes are certified, assessed, collected and paid over. [1973 c.213 §4; 1979 c.350 §19; 1991 c.459 §409; 1995 c.79 §228]

Source: Section 454.225 — Rates and charges; collection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors454.­html (accessed May 26, 2025).
ORS § 448.425 — OR Code / Title 36 / Chapter 448 / Section 448.425
448.425 Deposit and use of fees
Status: in_force

Any fees collected pursuant to the schedule adopted under ORS 448.410 (Authority and duties of Environmental Quality Commission) shall be deposited in the General Fund of the State Treasury to the credit of the Department of Environmental Quality. Such fees are continuously appropriated to the department to pay the cost of administering the provisions of ORS 448.410 (Authority and duties of Environmental Quality Commission) to 448.430 (Certification exception) and 448.992 (Sewage treatment works violation penalties) . [1987 c.635 §6]

Note: See note under 448.405 (Definitions for ORS 448.405 to 448.465) .

Source: Section 448.425 — Deposit and use of fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html (accessed May 26, 2025).
ORS § 443.490 — OR Code / Title 36 / Chapter 443 / Section 443.490
443.490 Waiver of registration
Status: in_force

If the Oregon Health Authority or the Department of Human Services finds that another governmental entity’s standards for the operation of a facility subject to ORS 443.480 (Definitions for ORS 443.480 to 443.500) to 443.500 (Investigation of registered facilities) are substantially similar or superior to those under ORS 443.485 (Registration required) (3), the authority or the department may waive the requirements of ORS 443.485 (Registration required) . [1989 c.581 §2; 2015 c.740 §4; 2021 c.242 §3; 2023 c.267 §11]

Note: See note under 443.480 (Definitions for ORS 443.480 to 443.500) .

Source: Section 443.490 — Waiver of registration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 443.419 — OR Code / Title 36 / Chapter 443 / Section 443.419
443.419 License revocations, suspensions or conditions
Status: in_force

(1) The Department of Human Services or the Oregon Health Authority may revoke, suspend or impose conditions on the license of any residential training facility or residential training home based on criteria adopted by the licensing agency by rule, including but not limited to when:

(a) There exists a threat to the health, safety or welfare of a resident;

(b) There is reliable evidence of abuse, neglect or exploitation of a resident; or

(c) The facility or home is out of compliance with ORS 443.002 (Providers with multiple facilities) or 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) or the rules of the licensing agency.

(2) In cases where an imminent danger to the health or safety of the residents exists, a license may be suspended immediately. [2021 c.316 §2]

Source: Section 443.419 — License revocations, suspensions or conditions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 452.990 — OR Code / Title 36 / Chapter 452 / Section 452.990
452.990 Penalties
Status: in_force

Violation of ORS 452.250 (Interference prohibited) is a Class C misdemeanor. [Subsection (2) of 1975 Replacement Part enacted as 1975 c.555 §7; 1977 c.582 §49; 1999 c.1051 §184; 2009 c.98 §17]

Source: Section 452.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors452.­html (accessed May 26, 2025).
ORS § 441.795 — OR Code / Title 36 / Chapter 441 / Section 441.795
441.795 Limitations on rulemaking authority of Oregon Health Authority
Status: in_force

(1) The Oregon Health Authority may adopt rules necessary to carry out ORS 441.761 (Nurse Staffing Advisory Board) to 441.795 (Limitations on rulemaking authority of Oregon Health Authority) only with respect to:

(a) The processing of complaints under ORS 441.791 (Process for investigating and resolving complaints) ;

(b) The processing of complaints regarding meal breaks and rest breaks under ORS 441.790 (Process for filing complaint) ;

(c) The requirements for nurse-to-patient ratios in emergency departments under ORS 441.765 (Staffing ratios for direct care registered nurses) (2)(a); and

(d) The provisions of ORS 441.770 (Need for replacement staff) (1) and (8)(b).

(2) The authority shall convene a subcommittee of the Nurse Staffing Advisory Board established in ORS 441.761 (Nurse Staffing Advisory Board) to advise the authority in the adoption of rules under this section. The subcommittee must have equal representation of hospital employees and hospital managers and shall include individuals representing labor organizations and organizations representing hospitals. [2023 c.507 §28]

Note: See note under 441.761 (Nurse Staffing Advisory Board) .

Source: Section 441.795 — Limitations on rulemaking authority of Oregon Health Authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 443.500 — OR Code / Title 36 / Chapter 443 / Section 443.500
443.500 Investigation of registered facilities
Status: in_force

(1) The staff of the Oregon Health Authority or the Department of Human Services shall be permitted access to enter and investigate complaints of abuse in all facilities registered under ORS 443.480 (Definitions for ORS 443.480 to 443.500) to 443.500 (Investigation of registered facilities) and to ascertain a facility’s compliance with applicable rules, statutes, ordinances and regulations. If the authority has reasonable cause to believe any facility is operating without registration or is in violation of ORS 443.480 (Definitions for ORS 443.480 to 443.500) to 443.500 (Investigation of registered facilities) , the authority or the department may apply to the circuit court for a search warrant.

(2) Upon complaint of any person:

(a) The state or local fire inspectors shall be permitted access to enter and inspect facilities registered under ORS 443.480 (Definitions for ORS 443.480 to 443.500) to 443.500 (Investigation of registered facilities) regarding fire safety.

(b) The state or local health officers shall be permitted access to enter and inspect facilities registered under ORS 443.480 (Definitions for ORS 443.480 to 443.500) to 443.500 (Investigation of registered facilities) regarding health and sanitation.

(3) The owner or operator of a facility may not retaliate against any individual who files a complaint or any witness or employee of a facility interviewed about the complaint, including but not limited to retaliation by restriction of a resident’s otherwise lawful access to the facility and, with respect to an employee, retaliation by dismissal or harassment. [1989 c.581 §4; 2015 c.740 §5; 2021 c.242 §4; 2023 c.267 §12]

Note: See note under 443.480 (Definitions for ORS 443.480 to 443.500) .

CERTIFICATION OF HOME OR COMMUNITY-BASED SERVICES CAREGIVERS

Source: Section 443.500 — Investigation of registered facilities; access to facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).