ORS § 443.382 — OR Code / Title 36 / Chapter 443 / Section 443.382
443.382 Residential Facilities Ombudsman
Status: in_force

(1) The Long Term Care Ombudsman, in consultation with the Residential Ombudsman and Public Guardianship Advisory Board established under ORS 441.416 (Residential Ombudsman and Public Guardianship Advisory Board) , shall appoint a Residential Facilities Ombudsman for a four-year term. The Residential Facilities Ombudsman serves at the pleasure of the Long Term Care Ombudsman and may be removed by the Long Term Care Ombudsman for cause. The Long Term Care Ombudsman shall fill any vacancy within 60 days. The salary of the Residential Facilities Ombudsman shall be determined by the Long Term Care Ombudsman. The Residential Facilities Ombudsman shall be reimbursed for all reasonable travel and other expenses incurred in the performance of the ombudsman’s official duties.

(2) The Residential Facilities Ombudsman may, subject to the approval of the Long Term Care Ombudsman, hire or contract with volunteers, staff, deputy ombudsmen and other qualified individuals as necessary to perform the duties of the ombudsman.

(3) The Residential Facilities Ombudsman shall:

(a) Identify, investigate and resolve complaints made by or on behalf of residents about administrative actions.

(b) Provide residents, families of residents, guardians, community members and administrators and staff of residential facilities with information regarding the rights of residents as set forth in ORS 427.107 (Rights of persons receiving developmental disability services) and 430.210 (Rights of persons receiving mental health services) and any other applicable rights of residents.

(c) Widely publicize the Residential Facilities Ombudsman’s services, purpose and mode of operation.

(d) Undertake, participate in or cooperate with persons and agencies in conferences, inquiries, meetings or studies that may lead to improvements in the functioning of residential facilities.

(e) Work closely with associations and citizen groups in this state and the state protection and advocacy system under ORS 192.517 (Access to records of individual with disability or individual with mental illness) .

(f) Provide services to residents to assist them in protecting their health, safety, welfare and rights.

(g) Ensure that residents have regular, timely, private and unimpeded access to the Residential Facilities Ombudsman’s services and that a resident or an individual acting on behalf of a resident who files a complaint receives a timely response to the complaint from the ombudsman or a designee.

(h) Represent the interests of residents before government agencies and seek administrative, legal or other appropriate remedies to protect the health, safety, welfare and rights of residents.

(i) Analyze, comment on and monitor the development and implementation of federal, state and local laws and other governmental policies pertaining to the health, safety, welfare and rights of residents.

(j) Recommend any changes to state or local laws to improve the health, safety, welfare and rights of residents.

(k) Facilitate public comment on laws and policies that affect the health, safety, welfare and rights of residents.

(L) Train designees.

(m) Promote the development of organizations to advocate on behalf of residents of residential facilities.

(n) To the extent practicable, assist residents who move from a residential facility to a home care setting.

(o) Assist residents and individuals acting on their behalf in locating and accessing resources in the community and in connecting with local service providers.

(p) Engage the participation of residents in general studies, conferences, inquiries or meetings related to residential care in this state.

(q) Make recommendations for improvements in the functioning of the residential facility system in this state.

(r) Collaborate with the Oregon Health Authority, the Department of Human Services, and any other appropriate agencies and organizations to establish a statewide system to collect and analyze information on complaints about and conditions in residential facilities for the purpose of publicizing improvements and resolving significant problems for residents.

(s) Provide information to public agencies about the problems of residents.

(t) Collect and compile data necessary to prepare the report submitted to the Governor under ORS 182.500 (Mandatory report to Governor by person performing ombudsman services) .

(u) Adopt rules necessary for carrying out ORS 443.380 (Definitions for ORS 443.380 to 443.394) to 443.394 (Procedures to maintain confidentiality) , in accordance with ORS chapter 183, in consultation with the Long Term Care Ombudsman and the Residential Ombudsman and Public Guardianship Advisory Board. [2017 c.441 §2]

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

Source: Section 443.382 — Residential Facilities Ombudsman; duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 443.325 — OR Code / Title 36 / Chapter 443 / Section 443.325
443.325 Grounds for denial, suspension or revocation of license
Status: in_force

(1) The Oregon Health Authority may impose a civil penalty and may deny, suspend or revoke the license of any in-home care agency licensed under ORS 443.315 (License required) for failure to comply with ORS 443.305 (Definitions for ORS 443.305 to 443.350) to 443.350 (Applicability) or with rules adopted thereunder. A failure to comply with ORS 443.305 (Definitions for ORS 443.305 to 443.350) to 443.350 (Applicability) includes, but is not limited to:

(a) Failure to provide a written disclosure statement to the client or the client’s representative prior to in-home care services being rendered;

(b) Failure to provide the contracted in-home care services;

(c) Failure to correct deficiencies identified during an inspection by the authority; or

(d) A demonstrated pattern, over the previous five years, of significant and substantiated violations of:

(A) Employment or wage laws in this state, as prescribed by the authority by rule:

(i) By an in-home care agency licensee as an employer of staff in an in-home care agency; or

(ii) By an applicant for an in-home care agency license in any business owned or operated by the applicant; or

(B) Caregiver training requirements, as established by the authority by rule, in any in-home care agency owned or operated by an in-home care agency licensee.

(2) The authority may deny, suspend or revoke the license of any in-home care agency licensed under ORS 443.315 (License required) for failure to comply with ORS 443.004 (Criminal records check required for employees and volunteers providing direct care) . [1999 c.1034 §3; 2007 c.897 §2; 2009 c.595 §776b; 2009 c.792 §26; 2009 c.828 §87; 2019 c.680 §5]

Note: See note under 443.305 (Definitions for ORS 443.305 to 443.350) .

Source: Section 443.325 — Grounds for denial, suspension or revocation of license; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 447.115 — OR Code / Title 36 / Chapter 447 / Section 447.115
447.115 “Compost toilet” defined
Status: in_force

As used in ORS 447.118 (Standards for compost toilets) and 447.124 (Inspection of compost toilets) , “compost toilet” means a permanent, sealed, water-impervious toilet receptacle screened from insects, used to receive and store only human wastes, urine and feces, toilet paper and biodegradable garbage, and ventilated to utilize aerobic composting for waste treatment. [1977 c.523 §2]

Source: Section 447.115 — “Compost toilet” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors447.­html (accessed May 26, 2025).
ORS § 432.025 — OR Code / Title 36 / Chapter 432 / Section 432.025
432.025 Assistant state registrars
Status: in_force

The State Registrar of the Center for Health Statistics, with the approval of the Director of the Oregon Health Authority, may appoint, when necessary, assistant state registrars who shall be assistants to the state registrar. [Amended by 1983 c.709 §27; 2009 c.595 §608]

Source: Section 432.025 — Assistant state registrars , https://www.­oregonlegislature.­gov/bills_laws/ors/ors432.­html (accessed May 26, 2025).
ORS § 440.601 — OR Code / Title 36 / Chapter 440 / Section 440.601
440.601 Composition of Central Oregon Health Council
Status: in_force

(1) The Central Oregon Health Council shall consist of no more than 15 members, including:

(a) One member each from the governing bodies of Crook, Deschutes and Jefferson Counties, appointed by each body;

(b) The chief executive officer, or a designee of the chief executive officer, of the health care system serving the region;

(c) The chief executive officer, or a designee of the chief executive officer, of each coordinated care organization serving any of the counties in the region that join the council; and

(d) At least three members appointed by the council who represent:

(A) Consumers of physical and behavioral health services;

(B) Health care professionals;

(C) School districts or educational service districts;

(D) The business community; or

(E) The governing body of any county that joins the council under ORS 440.600 (Formation of Central Oregon Health Council) (2).

(2) The term of office of the members of the council is four years. Members may be reappointed.

(3) A majority of the members of the council constitutes a quorum for the transaction of business.

(4) The council shall elect a member of the council to serve as the chairperson.

(5) If there is a vacancy for any cause, the appointing authority shall make an appointment to the vacated position to become effective immediately.

(6) The council may incorporate under ORS chapter 65 as an Oregon nonprofit corporation and may adopt rules necessary for the operation of the council, enter into necessary contracts, apply for and receive grants, hold and dispose of property and take other actions necessary to carry out the activities, services and responsibilities assumed by the council.

(7) The council may convene a single community advisory council required by ORS 414.575 (Community advisory councils) for all of the coordinated care organizations serving any of the counties that join the council. [2011 c.418 §14; 2015 c.359 §2]

Source: Section 440.601 — Composition of Central Oregon Health Council; term of office; authority of council; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors440.­html (accessed May 26, 2025).
ORS § 433.441 — OR Code / Title 36 / Chapter 433 / Section 433.441
433.441 Declaration of public health emergency
Status: in_force

(1) Upon the occurrence of a public health emergency, the Governor may declare a state of public health emergency as authorized by ORS 433.441 (Declaration of public health emergency) to 433.452 (Detaining persons exposed to reportable condition or condition that is basis for state of public health emergency) to protect the public health.

(2) A declaration of a state of public health emergency must specify:

(a) The nature of the public health emergency;

(b) The political subdivision or geographic area subject to the declaration;

(c) The conditions that have brought about the public health emergency; and

(d) The duration of the state of public health emergency, if the duration is less than 14 days.

(3) During a declared public health emergency, the Governor may:

(a) Close, order the evacuation of or order the decontamination of any facility the Governor has reasonable cause to believe may endanger the public health.

(b) Regulate or restrict by any means necessary the use, sale or distribution of food, fuel, medical supplies, medicines or other goods and services.

(c) Prescribe modes of transportation, routes and destinations required for the evacuation of individuals or the provision of emergency services.

(d) Control or limit entry into, exit from, movement within and the occupancy of premises in any public area subject to or threatened by a public health emergency if such actions are reasonable and necessary to respond to the public health emergency.

(e) Authorize pharmacists licensed under ORS chapter 689 to administer vaccines to persons who are three years of age or older.

(f) Take any other action that may be necessary for the management of resources, or to protect the public during a public health emergency, including any actions authorized under ORS 401.168 (Governor’s powers during state of emergency) , 401.185 (Providing temporary housing during emergency) , 401.188 (Management of resources during emergency) and 401.192 (Effect of rules and orders during emergency) .

(4) Nothing in ORS 433.441 (Declaration of public health emergency) to 433.452 (Detaining persons exposed to reportable condition or condition that is basis for state of public health emergency) limits the authority of the Governor to declare a state of emergency under ORS 401.165 (Declaration of state of emergency) . If a state of emergency is declared as authorized under ORS 401.165 (Declaration of state of emergency) , the Governor may implement any action authorized by ORS 433.441 (Declaration of public health emergency) to 433.452 (Detaining persons exposed to reportable condition or condition that is basis for state of public health emergency) .

(5) A declaration of a state of public health emergency expires when terminated by a declaration of the Governor or no more than 14 days after the date the public health emergency is declared unless the Governor expressly extends the declaration for an additional 14-day period.

(6) When real or personal property is taken under power granted by this section, the owner of the property shall be entitled to reasonable compensation from the state. [2003 c.555 §1; 2007 c.445 §23; 2013 c.332 §3; 2021 c.539 §88h]

Source: Section 433.441 — Declaration of public health emergency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 450.949 — OR Code / Title 36 / Chapter 450 / Section 450.949
450.949 Payment of contract costs by authority and by employee
Status: in_force

(1) The authority may agree to pay none, part or all of the premiums or charges on insurance or service contracts, and it may collect from the salary of any employee covered by the contract the percentage of the premiums or charges the employee is required to provide pursuant to the contract. Contributions for premiums or charges by employees shall be only on a voluntary basis.

(2) The authority may negotiate more than one contract with one or more companies or associations if necessary to obtain optimum coverage at minimum cost.

(3) No premium or other periodic charge on any insurance or service contract shall be paid unless the insurer or hospital association issuing such policy or contract is authorized to transact business as an insurance company or hospital association in this state. [1973 c.399 §9]

Source: Section 450.949 — Payment of contract costs by authority and by employee; multiple contracts; qualification of insurer or hospital association , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 438.450 — OR Code / Title 36 / Chapter 438 / Section 438.450
438.450 Rules
Status: in_force

The Oregon Health Authority shall make such rules as are necessary for carrying out ORS 438.010 (Definitions for ORS 438.010 to 438.510) to 438.510 (Prohibited acts) in accordance with ORS 183.330 (Description of organization) . [Formerly 433.335; 2001 c.104 §176; 2009 c.595 §713]

Source: Section 438.450 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors438.­html (accessed May 26, 2025).
ORS § 431a.273 — OR Code / Title 36 / Chapter 431a / Section 431a.273
431A.273 Participation in Interstate Chemicals Clearinghouse
Status: in_force

The Oregon Health Authority is authorized to participate in the Interstate Chemicals Clearinghouse in cooperation with other states and government entities to assist the authority in carrying out ORS 431A.253 (Definitions) to 431A.280 (Biennial report to Legislative Assembly) . [2015 c.786 §10]

Source: Section 431A.273 — Participation in Interstate Chemicals Clearinghouse , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).
ORS § 447.260 — OR Code / Title 36 / Chapter 447 / Section 447.260
447.260 Rules
Status: in_force

(1) The Director of the Department of Consumer and Business Services may promulgate rules reasonably necessary to implement and enforce ORS 447.210 (Definitions for ORS 447.210 to 447.280) to 447.280 (Enforcement powers) as part of the structural code including, but not limited to, rules authorizing the director to waive or modify any standards and specifications with respect to work on affected buildings and their related facilities where the director determines, with respect to emergency or temporary construction, that compliance with such standards or specifications would not be necessary to fulfill the objectives of ORS 447.210 (Definitions for ORS 447.210 to 447.280) to 447.280 (Enforcement powers) or would be impractical.

(2) The Director of the Department of Consumer and Business Services shall by rule establish criteria for determining the lowest flooring of a building for the purposes of the definition of “affected buildings” provided by ORS 447.210 (Definitions for ORS 447.210 to 447.280) and for the purposes of ORS 447.247 (Elevators required) . [1971 c.320 §6; 1973 c.539 §8; 1979 c.133 §5; 1993 c.503 §10; 1993 c.744 §76; 1995 c.307 §4]

Source: Section 447.260 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors447.­html (accessed May 26, 2025).
ORS § 446.280 — OR Code / Title 36 / Chapter 446 / Section 446.280
446.280 Duties of Residential and Manufactured Structures Board regarding manufactured housing and facilities
Status: in_force

The Residential and Manufactured Structures Board shall serve in an advisory capacity to the Director of the Department of Consumer and Business Services in promulgating, administering and enforcing the plan for the administration and enforcement of the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383) and safety standards pursuant to ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) to 446.200 (Exemption from additional regulations) , 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs) , 446.310 (Definitions for ORS 446.310 to 446.350) to 446.350 (Tourist Facility Account) and 446.395 (License required) to 446.420 (License required to maintain action) . [1975 c.546 §8; 1981 c.371 §1; 1987 c.414 §22a; 1989 c.527 §7; 1989 c.648 §28; 1991 c.226 §10; 1993 c.744 §56a; 1995 c.251 §8; 2005 c.621 §1; 2009 c.567 §30]

Source: Section 446.280 — Duties of Residential and Manufactured Structures Board regarding manufactured housing and facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors446.­html (accessed May 26, 2025).
ORS § 433.314 — OR Code / Title 36 / Chapter 433 / Section 433.314
433.314 Educational program
Status: in_force

The Oregon Health Authority shall institute and carry on an educational program among physicians licensed under ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location) , naturopathic physicians, chiropractors, midwives, potential parents and the public concerning the need for newborn infants to receive vitamin K within 24 hours after birth. [1983 c.585 §4; 2009 c.595 §659; 2017 c.409 §15]

Source: Section 433.314 — Educational program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 453.001 — OR Code / Title 36 / Chapter 453 / Section 453.001
453.001 Definitions for ORS 453.001 to 453.185
Status: in_force

As used in ORS 453.001 (Definitions for ORS 453.001 to 453.185) to 453.185 (False representation by purchaser prohibited) , unless the context requires otherwise:

(1) “Authority” means the Oregon Health Authority.

(2) “Director” means the Director of the Oregon Health Authority. [1973 c.829 §15b; 2001 c.900 §200; 2009 c.595 §878; 2021 c.513 §1]

Source: Section 453.001 — Definitions for ORS 453.001 to 453.185 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 448.011 — OR Code / Title 36 / Chapter 448 / Section 448.011
448.011 Powers of Oregon Health Authority
Status: in_force

The Oregon Health Authority shall adopt rules pertaining to construction plan submission, plan approval, design, construction, size, shape, purification equipment, piping, operation, sanitation and accident prevention for public swimming pools, public spa pools, public wading pools and bathhouses as the authority deems necessary. [1961 c.566 §3 (enacted in lieu of 448.010); 1971 c.650 §24; 1973 c.215 §2; 1999 c.929 §8; 2009 c.595 §828; 2019 c.456 §117]

Source: Section 448.011 — Powers of Oregon Health Authority; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html (accessed May 26, 2025).
ORS § 431a.750 — OR Code / Title 36 / Chapter 431a / Section 431a.750
431A.750 Examinations by state laboratory
Status: in_force

(1) For the better protection of the public health, the laboratory of the Oregon Health Authority shall make examinations of water, milk, blood, secretions, excretions, tissues or environmental samples required by any state or local agency in Oregon.

(2) In accordance with the rules of the authority, the authority may make examinations of water, milk, blood, secretions, excretions, tissues or environmental samples for any:

(a) Country or territory;

(b) Federal agency;

(c) Agency of another state;

(d) Tribal agency; or

(e) Health care practitioner licensed in any country, territory or state.

(3) The authority may adopt rules to implement this section and collect fees for tests performed in the state public health laboratory, subject to approval by the Oregon Department of Administrative Services prior to adopting a new fee or changing an existing fee.

(4) All moneys collected under subsection (3) of this section shall be deposited in the Public Health Account to be used for expenses of the state public health laboratory. [Formerly 431.310]

Source: Section 431A.750 — Examinations by state laboratory; rules; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).
ORS § 441.767 — OR Code / Title 36 / Chapter 441 / Section 441.767
441.767 Staffing plans for psychiatric units
Status: in_force

(1) As used in this section, “psychiatric unit” includes:

(a) Inpatient psychiatric units;

(b) Psychiatric geriatric units;

(c) Psychiatric pediatric units;

(d) Emergency departments that provide psychiatric emergency service, as defined by the Oregon Health Authority by rule; and

(e) The Oregon State Hospital.

(2) A psychiatric unit shall create a multidisciplinary subcommittee of the hospital nurse staffing committee consisting of staff from the unit. The subcommittee shall adopt the staffing plan for the psychiatric unit and shall be considered a hospital nurse staffing committee for purposes of:

(a) The adoption of a nurse staffing plan under ORS 441.762 (Hospital nurse staffing committee) and 441.763 (Written staffing plan for nursing services) ; and

(b) Provisions of ORS 441.766 (Exceptions to direct care registered nurse staffing ratios) related to:

(A) Dispute resolution through mandatory arbitration; and

(B) Determining the circumstances when the nurse-to-patient ratios in ORS 441.765 (Staffing ratios for direct care registered nurses) will not apply. [2023 c.507 §7]

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

Source: Section 441.767 — Staffing plans for psychiatric units , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 446.711 — OR Code / Title 36 / Chapter 446 / Section 446.711
446.711 Dealer education and testing
Status: in_force

(1) In addition to any other requirement for issuance or renewal of a manufactured structure dealer license, the Department of Consumer and Business Services, by rule, may adopt education and testing requirements as a condition for issuance or renewal of a license described in ORS 446.691 (Issuance of dealer license) .

(2) A person may satisfy a requirement adopted under subsection (1) of this section by taking an appropriate educational program or test offered by an accredited educational institution, private school, correspondence school or nonprofit organization and approved by the department.

(3) If a dealer is a firm, partnership or corporation, the dealer satisfies a requirement adopted under subsection (1) of this section if a manager or other person exercising significant control over the daily sales activities of the dealership meets the education and testing requirements.

(4) The department may not require education or testing of a manufactured structure dealer if the dealer possesses a license issued under ORS chapter 696. This subsection does not prohibit voluntary participation in education and testing. [2003 c.655 §29c]

Note: See note under 446.661 (Definitions for ORS 446.661 to 446.756) .

Source: Section 446.711 — Dealer education and testing; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors446.­html (accessed May 26, 2025).
ORS § 448.131 — OR Code / Title 36 / Chapter 448 / Section 448.131
448.131 Water quality, construction and installation standards
Status: in_force

(1) The Oregon Health Authority shall adopt water quality standards that are necessary to protect the public health through insuring safe drinking water within a water system.

(2) In order to insure safe drinking water, the authority shall prescribe:

(a) Construction standards governing the performance of a water system insofar as they relate to the safety of drinking water.

(b) Standards for the operation of water systems insofar as they relate to the delivery of safe drinking water.

(c) Other standards and requirements considered necessary by the authority to insure safe drinking water.

(3) The authority shall require that construction and installation plans be submitted and approved before construction begins on new systems or substantial improvements are made to old systems. The authority may adopt rules exempting certain water systems from the plan review process.

(4) The authority may impose and collect a fee from a water supplier for reviewing construction and installation plans.

(5) Nothing in this section authorizes the authority to require alterations of existing facilities unless alterations are necessary to insure safe drinking water. [1981 c.749 §6; 2009 c.595 §840]

Source: Section 448.131 — Water quality, construction and installation standards; rules; effect on existing facilities; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html (accessed May 26, 2025).
ORS § 447.270 — OR Code / Title 36 / Chapter 447 / Section 447.270
447.270 Cooperation with public officials and agencies required
Status: in_force

The Director of the Department of Consumer and Business Services or the designated representative of the director shall cooperate with and receive the assistance of all persons, all appropriate elective or appointive public officials and all state or governmental agencies in carrying out the responsibilities of the director under ORS 447.210 (Definitions for ORS 447.210 to 447.280) to 447.280 (Enforcement powers) . [1971 c.320 §7; 1973 c.539 §9]

Source: Section 447.270 — Cooperation with public officials and agencies required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors447.­html (accessed May 26, 2025).
ORS § 443.345 — OR Code / Title 36 / Chapter 443 / Section 443.345
443.345 Disposition of moneys
Status: in_force

All moneys received pursuant to ORS 443.315 (License required) , 443.325 (Grounds for denial, suspension or revocation of license) and 443.327 (Injunctive relief) shall be deposited in the State Treasury and credited to an account designated by the Oregon Health Authority. Such moneys are continuously appropriated to the authority for the administration of ORS 443.305 (Definitions for ORS 443.305 to 443.350) to 443.350 (Applicability) . [1999 c.1034 §5; 2007 c.897 §5; 2009 c.595 §776e]

Note: See note under 443.305 (Definitions for ORS 443.305 to 443.350) .

Source: Section 443.345 — Disposition of moneys , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 431a.280 — OR Code / Title 36 / Chapter 431a / Section 431a.280
431A.280 Biennial report to Legislative Assembly
Status: in_force

The Oregon Health Authority shall report to the interim committees of the Legislative Assembly related to environment and natural resources and public health no later than September 15 of each odd-numbered year. The report shall include the following information:

(1) Any revisions made under ORS 431A.255 (List of high priority chemicals of concern in children’s products) to the list of high priority chemicals of concern for children’s health used in children’s products.

(2) The number of manufacturers of children’s products in compliance with ORS 431A.258 (Disclosure by manufacturers) and an analysis of the information collected pursuant to ORS 431A.258 (Disclosure by manufacturers) specifying:

(a) The number and types of children’s products sold or offered for sale in this state that contain high priority chemicals of concern for children’s health used in children’s products.

(b) The range of amounts of high priority chemicals of concern for children’s health used in children’s products, by product category, and the total number of and most frequently disclosed high priority chemicals of concern for children’s health used in children’s products.

(c) The potential for exposure to high priority chemicals of concern for children’s health used in children’s products based on the number of children’s products sold or offered for sale in this state that contain chemicals on the list established under ORS 431A.255 (List of high priority chemicals of concern in children’s products) , likely exposure routes and the typical use patterns for the children’s products that contain chemicals on the list established under ORS 431A.255 (List of high priority chemicals of concern in children’s products) .

(d) Recommendations to limit, reduce or prevent exposure to high priority chemicals of concern for children’s health used in children’s products based on an analysis of the information collected.

(3) Intentionally left blank —Ed.

(a) Details about the implementation of ORS 431A.263 (Process for substituting chemicals) and 431A.265 (Process for waiving requirement to remove or substitute chemicals) regarding hazard assessments and waivers. In cases where the authority grants waivers for the continued use of high priority chemicals of concern for children’s health used in children’s products and the waiver application includes an alternatives assessment, the authority may develop recommendations on opportunities to provide technical assistance, provide grants and promote public-private partnerships and other actions to encourage manufacturers to produce children’s products through green chemistry and that do not contain high priority chemicals of concern for children’s health used in children’s products.

(b) In developing the recommendations described in paragraph (a) of this subsection, the authority may consult with the Department of Environmental Quality, the Oregon Business Development Department and other state agencies.

(4) A summary of compliance testing results obtained under ORS 431A.270 (Testing for compliance) .

(5) Any recommendations submitted to the authority by manufacturers under ORS 431A.258 (Disclosure by manufacturers) (7). [2015 c.786 §13]

Source: Section 431A.280 — Biennial report to Legislative Assembly , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).
ORS § 433.423 — OR Code / Title 36 / Chapter 433 / Section 433.423
433.423 Content of rules
Status: in_force

(1) The Oregon Health Authority shall adopt rules implementing ORS 433.407 (Definitions for ORS 433.407 to 433.423) to 433.423 (Content of rules) . Such rules shall include, but need not be limited to:

(a) The development of curriculum dealing with the exposure of workers to infectious diseases;

(b) Development and conduct of training programs for local health department personnel to prepare them to train workers about the subject of infectious diseases;

(c) Information on the manner in which infectious diseases are transmitted; and

(d) Guidelines that can assist workers and their employers in distinguishing between conditions in which such workers are or are not at risk with respect to infectious diseases.

(2) The rules adopted by the authority shall require that implementation of ORS 433.407 (Definitions for ORS 433.407 to 433.423) to 433.423 (Content of rules) be accomplished in such a manner as to protect the confidentiality of persons with infectious diseases and workers exposed to such persons. [1989 c.949 §5; 2009 c.595 §673]

Note: See note under 433.407 (Definitions for ORS 433.407 to 433.423) .

Source: Section 433.423 — Content of rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 433.055 — OR Code / Title 36 / Chapter 433 / Section 433.055
433.055 Prevalence studies
Status: in_force

(1) The Oregon Health Authority shall conduct studies of the prevalence of the HIV infection in this state. The authority shall report findings to the Oregon Public Health Advisory Board, the Conference of Local Health Officials, the Emergency Board and other interested bodies at regular intervals, commencing in January 1988. The authority may cause the prevalence study of persons sentenced to the Department of Corrections of this state, as defined in ORS 421.005 (Definitions) , to be made.

(2) Prior consent to HIV antibody testing need not be obtained from an individual if the test is for the purpose of research as authorized by the authority and if the testing is performed in a manner by which the identity of the test subject is not known, and may not be retrieved by the researcher. [1987 c.600 §19; 2009 c.595 §634; 2011 c.720 §192; 2012 c.26 §2; 2019 c.456 §33]

Source: Section 433.055 — Prevalence studies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 448.285 — OR Code / Title 36 / Chapter 448 / Section 448.285
448.285 Penalty schedule
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. No civil penalty shall exceed $500 per day, except that a violation at any water system that serves more than 10,000 people shall be subject to a civil penalty not to exceed $1,000 for each day of violation.

(2) The director may impose the penalty without hearing but only after the notice required by ORS 448.280 (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.

(4) In adopting rules or imposing penalties under this section for violations of ORS 448.280 (Civil penalties) (1)(b), the director shall collaborate with the accrediting authority. [1973 c.835 §175; 1975 c.254 §14; 1981 c.749 §20; 1999 c.653 §3; 1999 c.1063 §6; 2009 c.595 §861]

Source: Section 448.285 — Penalty schedule; factors to be considered in imposing penalty; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html (accessed May 26, 2025).
ORS § 431.170 — OR Code / Title 36 / Chapter 431 / Section 431.170
431.170 State enforcement of public health laws and rules when local public health administrator is delinquent
Status: in_force

(1) The Director of the Oregon Health Authority shall take direct charge of the functions that are necessary to preserve the public health in a local public health authority whenever a local public health administrator fails to administer or enforce ORS 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) and 431.990 (Penalties) and any other public health law or rule of this state as described in ORS 431.150 (Enforcement of public health laws generally) .

(2) The director may request assistance as necessary to fulfill the director’s duties under subsection (1) of this section, the expense of which shall be borne by the local public health authority over which the director took charge, to be paid out of the treasury of the local public health authority with moneys made available to the local public health authority under ORS 431.380 (Distribution of funds) , upon the receipt of vouchers properly certified by the director, except that payment is not required if the local public health authority requests a transfer under ORS 431.382 (Transfer of local public health authority’s responsibility) . [Amended by 1959 c.314 §24; 1973 c.833 §45; 1977 c.582 §14; 2001 c.900 §146; 2009 c.595 §539; 2015 c.736 §35]

Source: Section 431.170 — State enforcement of public health laws and rules when local public health administrator is delinquent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431.­html (accessed May 26, 2025).
ORS § 453.775 — OR Code / Title 36 / Chapter 453 / Section 453.775
453.775 Duties of Oregon Health Authority pertaining to X-ray machines
Status: in_force

The Oregon Health Authority shall:

(1) Develop programs to evaluate hazards associated with the use of X-ray machines.

(2) Promulgate standards and make reasonable regulations relating to the registration of X-ray machines, X-ray machine operation, physical surroundings and equipment related to the operation of X-ray machines, operator training and approved X-ray machine operating practices.

(3) Collect and disseminate information relating to proper X-ray machine operation.

(4) Provide technical assistance and safety information to X-ray machine users. [1995 c.444 §7; 2009 c.595 §914]

Source: Section 453.775 — Duties of Oregon Health Authority pertaining to X-ray machines , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 443.373 — OR Code / Title 36 / Chapter 443 / Section 443.373
443.373 Registration to provide long term care referrals
Status: in_force

(1) A person may not provide a long term care referral unless the person is registered with the Department of Human Services under this section.

(2) The department shall issue a registration to provide long term care referrals to an applicant who meets requirements established by the department by rule and pays a $750 fee.

(3) A registration issued under this section must be renewed every two years. The department shall set the renewal fee by rule, but the renewal fee may not exceed $750.

(4) The department shall require an applicant to:

(a) Identify an individual responsible for the application;

(b) Demonstrate that the applicant meets the requirements of ORS 443.376 (Duties of referral agents) ;

(c) Demonstrate that the applicant maintains at least $1 million in general liability insurance; and

(d) Perform background checks on referral agents who have direct contact with clients, as defined by rule of the department.

(5) The department may adopt rules as necessary to administer ORS 443.370 (Definitions for ORS 443.370 to 443.376) to 443.376 (Duties of referral agents) .

(6) The department may impose a civil penalty on a person for violation of ORS 443.370 (Definitions for ORS 443.370 to 443.376) to 443.376 (Duties of referral agents) or violation of rules adopted under ORS 443.370 (Definitions for ORS 443.370 to 443.376) to 443.376 (Duties of referral agents) . [2017 c.656 §3]

Note: See note under 443.370 (Definitions for ORS 443.370 to 443.376) .

Source: Section 443.373 — Registration to provide long term care referrals; rules; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 433.080 — OR Code / Title 36 / Chapter 433 / Section 433.080
433.080 When test may be required
Status: in_force

When the Oregon Health Authority declares by rule that mandatory testing of source persons could help a defined class of workers from being infected or infecting others with the human immunodeficiency virus, the following apply:

(1) When a source person, after having been first requested to consent to testing by rules adopted under ORS 433.065 (Procedures for HIV testing) , has refused or within a time period prescribed by rule of the authority has failed to submit to the requested test, except when the exposed person has knowledge that the exposed person has a history of a positive HIV test, the exposed person may seek mandatory testing of the source person by filing a petition with the circuit court for the county in which the exposure occurred. The form for the petition shall be as prescribed by the authority and shall be obtained from the local public health department or the Oregon Health Authority if there has been a transfer of responsibility under ORS 431.382 (Transfer of local public health authority’s responsibility) .

(2) The petition shall name the source person as the respondent and shall include a short and plain statement of facts alleging:

(a) The petitioner is a worker subjected to an occupational exposure or a person who has been subjected to a substantial exposure by a worker administering health care and the respondent is the source person;

(b) The petitioner is in the class of workers defined by rule of the authority under this section;

(c) All procedures for obtaining the respondent’s consent to an HIV test by rules adopted under ORS 433.065 (Procedures for HIV testing) have been exhausted by the petitioner and the respondent has refused to consent to the test, or within the time period prescribed by rule of the authority has failed to submit to the test;

(d) The petitioner has no knowledge that the petitioner has a history of a positive HIV test and has since the exposure, within a time period prescribed by rule of the authority, submitted a specimen from the petitioner for an HIV test; and

(e) The injury that petitioner is suffering or will suffer if the source person is not ordered to submit to an HIV test.

(3) The petition shall be accompanied by the certificate of the local public health administrator or State Health Officer if there has been a transfer of responsibility under ORS 431.382 (Transfer of local public health authority’s responsibility) declaring that, based upon information in the possession of the administrator, the facts stated in the allegations under subsection (2)(a), (b) and (c) of this section are true.

(4) Upon the filing of the petition, the court shall issue a citation to the respondent stating the nature of the proceedings, the statutes involved and the relief requested and, that if the respondent does not appear at the time and place for hearing stated in the citation, that the court will order the relief requested in the petition.

(5) The citation shall be served on the respondent together with a copy of the petition by the county sheriff or deputy. The person serving the citation and petition shall, immediately after service thereof, make a return showing the time, place and manner of such service and file it with the clerk of the court.

(6) The hearing shall be held within three days of the service of the citation upon the respondent. The court may for good cause allow an additional period of 48 hours if additional time is requested by the respondent.

(7) Both the petitioner and the local public health administrator or State Health Officer if there has been a transfer of responsibility under ORS 431.382 (Transfer of local public health authority’s responsibility) certifying to the matter alleged in the petition shall appear at the hearing. The hearing of the case shall be informal with the object of resolving the issue before the court promptly and economically between the parties. The parties shall be entitled to subpoena witnesses, to offer evidence and to cross-examine. The judge may examine witnesses to insure a full inquiry into the facts necessary for a determination of the matter before the court.

(8) After hearing all of the evidence, the court shall determine the truth of the allegations contained in the petition. The court shall order the respondent to submit to the requested test by a licensed health care provider without delay if, based upon clear and convincing evidence, the court finds that:

(a) The allegations in the petition are true;

(b) The injury the petitioner is suffering or will suffer is an injury that only the relief requested will adequately remedy; and

(c) The interest of the petitioner in obtaining the relief clearly outweighs the privacy interest of the respondent in withholding consent.

(9) If the court does not make the finding described in subsection (8) of this section, the court shall dismiss the petition.

(10) Failure to obey the order of the court shall be subject to contempt proceedings pursuant to law. [1989 c.878 §5; 2009 c.595 §638; 2021 c.191 §12]

Source: Section 433.080 — When test may be required; procedure to require test; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 446.751 — OR Code / Title 36 / Chapter 446 / Section 446.751
446.751 Engaging in illegal consignment practices
Status: in_force

(1) A manufactured structure dealer commits the crime of engaging in illegal consignment practices if the dealer does any of the following:

(a) Takes a manufactured structure on consignment from a person who is not a licensed dealer and does not have proof that the consignor is the owner of, or a security interest holder in, the structure.

(b) Takes a manufactured structure on consignment from a security interest holder without the security interest holder first completing a repossession action prior to consigning the structure and providing the dealer with proper documentary proof of the repossession action.

(c) Takes a manufactured structure on consignment and does not have the terms of the consignment agreement in writing and provide a copy of the agreement to the consignor, unless the consignor is a security interest holder described in paragraph (b) of this subsection. The agreement must include a provision stating that, if the terms of the agreement are not met, the consignor may file a complaint in writing with the Department of Consumer and Business Services, Salem, Oregon.

(d) Sells a manufactured structure that the dealer has on consignment and does not pay the consignor within 10 days after the sale.

(e) Refuses to allow the department or any duly authorized representative to inspect and audit any records of any separate accounts into which the dealer deposits any funds received or handled by the dealer in the course of business as a dealer from consignment sales of manufactured structures at such times as the department may direct.

(f) Takes any money paid to the dealer in connection with any consignment transaction as part or all of the dealer’s commission or fee until the transaction has been completed or terminated.

(g) Does not make an arrangement with the seller for the disposition of money from a consignment transaction at the time of establishing a consignment agreement.

(h) Sells a manufactured structure that the dealer has taken on consignment without first giving the purchaser the following disclosure in writing:

_________(Name of Dealer) is selling the following described manufactured structure: _____(Year) _____(Make) _____(Model) _____(Identification Number) on consignment. Ownership of this manufactured structure is in the name of: _________(Owner(s) as shown on the ownership document) and the following are listed on the ownership document as security interest holders:

YOU SHOULD TAKE ACTION TO ENSURE THAT ANY SECURITY INTERESTS ARE RELEASED AND THAT THE OWNERSHIP DOCUMENT FOR THE MANUFACTURED STRUCTURE IS TRANSFERRED TO YOU. OTHERWISE, YOU MAY TAKE OWNERSHIP SUBJECT TO ANY UNSATISFIED SECURITY INTERESTS.

(2) Engaging in illegal consignment practices is a Class A misdemeanor. [2003 c.655 §40; 2005 c.22 §323]

Note: See note under 446.661 (Definitions for ORS 446.661 to 446.756) .

Source: Section 446.751 — Engaging in illegal consignment practices; penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors446.­html (accessed May 26, 2025).
ORS § 435.990 — OR Code / Title 36 / Chapter 435 / Section 435.990
435.990 Penalties
Status: in_force

(1) Violation of any of the provisions of ORS 435.010 (License required for manufacture or sale of contraceptives) to 435.130 (Jurisdiction over prosecutions) is a Class C misdemeanor.

(2) Sale at wholesale or retail of any goods of the class specified in ORS 435.010 (License required for manufacture or sale of contraceptives) that do not comply with standards promulgated under ORS 435.100 (Standards) (1) is a Class C misdemeanor. [Subsection (2) enacted as 1975 c.285 §7; 2011 c.597 §196]

Source: Section 435.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors435.­html (accessed May 26, 2025).
ORS § 452.010 — OR Code / Title 36 / Chapter 452 / Section 452.010
452.010 Definitions for ORS 452.010 and 452.020 to 452.300
Status: in_force

As used in this section and ORS 452.020 (Formation of district) to 452.300 (Oregon Health Authority vector control program) , unless the context requires otherwise:

(1) “County court” includes board of county commissioners.

(2) “District” means a vector control district established for the prevention, control or eradication of public health vectors and predatory animals.

(3) “Integrated pest management methods” means the processes described in ORS 634.650 (Definitions for ORS 634.650 to 634.665) (1).

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

(5) “Pesticide use plan” means an annual plan created by a vector control district or a county court that describes anticipated pesticide use.

(6) “Predatory animals” has the meaning given that term in ORS 610.002.

(7) “Public health vectors” means arthropods and vertebrates of public health significance and those insects included within the family Chironomidae of the order Diptera. The term does not include any domesticated animal.

(8) “Vector habitat” means any area where public health vectors are found. [Amended by 1959 c.600 §1; 1961 c.610 §17; 1981 c.640 §8; 1987 c.298 §1; 2007 c.258 §1; 2015 c.736 §97; 2021 c.191 §13]

Source: Section 452.010 — Definitions for ORS 452.010 and 452.020 to 452.300 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors452.­html (accessed May 26, 2025).
ORS § 441.720 — OR Code / Title 36 / Chapter 441 / Section 441.720
441.720 Remittance or reduction of penalties
Status: in_force

A civil penalty imposed under ORS 441.710 (Civil penalties) may be remitted or reduced upon such terms and conditions as the Director of the Oregon Health Authority or the Director of Human Services considers proper and consistent with the public health and safety. [1975 c.328 §3; 1987 c.428 §39; 2009 c.595 §742]

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

Source: Section 441.720 — Remittance or reduction of penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 441.535 — OR Code / Title 36 / Chapter 441 / Section 441.535
441.535 Procedure to create public authority
Status: in_force

(1) A governing body may upon its own motion, and shall upon the written request of any three or more natural persons, consider whether it is advisable to create a public authority for the purpose of providing hospital facilities.

(2) If the governing body, after public hearing according to its rules, determines that it is wise and desirable to create in a public authority the power and duties set forth in ORS 441.525 (Definitions for ORS 441.525 to 441.595) to 441.595 (Construction of ORS 441.525 to 441.595) , it shall by ordinance or resolution establish such an authority. The ordinance or resolution shall set forth:

(a) The name of the authority, which shall be “The Hospital Facility Authority of (Municipality), Oregon” or other similar distinctive name.

(b) The number of directors of the authority, which shall not be less than five nor more than 11.

(c) The names of the initial directors and their terms of service, which shall not exceed six years. At least one director shall also be a member of the governing body. Such director shall serve only so long as the director is a member of the governing body and, in any event, no longer than six years.

(d) Such other provisions as may be appropriate and not inconsistent with ORS 441.525 (Definitions for ORS 441.525 to 441.595) to 441.595 (Construction of ORS 441.525 to 441.595) or the laws of Oregon.

(3) Upon the adoption of such an ordinance or resolution, the authority shall be deemed established as a municipal corporation of this state and as a body corporate and politic exercising public powers.

(4) An authority so organized shall have all the powers and duties contained in ORS 441.525 (Definitions for ORS 441.525 to 441.595) to 441.595 (Construction of ORS 441.525 to 441.595) . The governing body, at its sole discretion and at any time, may alter or change the structure, organization, programs or activities of the authority, subject to any limitations imposed by law on the impairment of contracts. The governing body may dissolve the authority at any time, provided the authority has no bonds or other obligations outstanding. [1973 c.153 §3; 1977 c.201 §4]

Source: Section 441.535 — Procedure to create public authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 446.616 — OR Code / Title 36 / Chapter 446 / Section 446.616
446.616 Transfer of interest in manufactured structure
Status: in_force

(1) Except as otherwise provided in subsection (2) or (3) of this section, upon the transfer of any interest in a manufactured structure shown on an ownership document, each person whose interest is released, terminated, assigned or transferred shall acknowledge the release, termination, assignment or transfer of that interest in a manner specified by the Department of Consumer and Business Services by rule. The department shall design the rules adopted for purposes of this subsection to protect the interests of all parties to the transfer of interest.

(2) Notwithstanding subsection (1) of this section:

(a) In the case of a transfer of an interest by operation of law, the personal representative, receiver, trustee, sheriff, landlord or other representative or successor in interest of the person whose interest is transferred shall file the acknowledgment described in subsection (1) of this section. The representative or successor shall also provide the transferee with information satisfactory to the department concerning all facts entitling the representative or successor to transfer the interest. If there is no person to transfer the interest, the person to whom interest is awarded or otherwise transferred is responsible for providing the information concerning the person’s entitlement to the interest.

(b) In the case of a transfer at death of the interest of the owner or security interest holder of the manufactured structure, if the estate is not being probated and ownership is not being transferred under the provisions of ORS 114.547 (Sales and transfers to third parties) , an interest in the manufactured structure may be assigned through the use of an affidavit. The affidavit must be on a form prescribed by the department and signed by all of the known heirs of the person whose interest is being transferred, and shall state the name of the person to whom the ownership interest has been passed. If any heir has not arrived at the age of majority or is otherwise incapacitated, the parent or guardian of the heir shall sign the affidavit.

(c) In the case of a transfer at death of the interest of the owner or security interest holder where transfer occurs under ORS 114.547 (Sales and transfers to third parties) , the affiant, as defined in ORS 114.505 (Definitions for ORS 114.505 to 114.560) , is the person required to assign interest.

(d) A security interest holder, without the consent of the owner, may assign interest of the holder in a manufactured structure to a person other than the owner without affecting the interest of the owner or the validity or priority of the interest. A person who is not given notice of the assignment is protected in dealing with the security interest holder as the holder of the interest until the assignee files notice of the interest with the department as provided in ORS 446.571 (Ownership document application) . This paragraph does not exempt an assignment of interest from the acknowledgment requirement under subsection (1) of this section.

(e) If an interest in a manufactured structure is transferred pursuant to an application under ORS 446.591 (Exception to requirement for submitting information) (5), the recital by the escrow company that no written objections were received constitutes both a release, termination, assignment or transfer of interest and an acknowledgment by the person whose interest is released, terminated, assigned or transferred.

(3) Subsection (1) of this section does not apply to a transfer of a security interest where the security interest holder is a financial institution, a financial holding company or a bank holding company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act) , a licensee under ORS chapter 725, or any subsidiary or affiliate of any of the foregoing and the transfer of the interest of the security interest holder:

(a) Results from the merger, conversion, reorganization, consolidation or acquisition of the security interest holder; or

(b) Is to an entity that is a member of the same affiliated group as the security holder. [2003 c.655 §19; 2019 c.165 §28]

Note: See note under 446.561 (Definitions for ORS 446.566 to 446.646) .

Source: Section 446.616 — Transfer of interest in manufactured structure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors446.­html (accessed May 26, 2025).
ORS § 443.430 — OR Code / Title 36 / Chapter 443 / Section 443.430
443.430 Transferability of license
Status: in_force

(1) A license under ORS 443.415 (License applications) is not transferable or applicable to any location, residential facility or management other than that indicated on the application for licensure.

(2) Except as provided in subsection (3) of this section:

(a) All moneys collected under ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) for the purpose of licensing a residential care facility, residential training facility or residential training home shall be deposited in a special account in the General Fund and are continuously appropriated for payment of expenses incurred by the Department of Human Services in administering and enforcing ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) .

(b) All moneys collected under ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) for the purpose of licensing a residential treatment facility or residential treatment home shall be deposited in a special account in the General Fund and are continuously appropriated for payment of expenses incurred by the Oregon Health Authority in administering and enforcing ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) .

(3) All moneys collected from a residential care facility under ORS 443.415 (License applications) , 443.425 (License term) or 443.455 (Civil penalties) shall be deposited in the Quality Care Fund established in ORS 443.001 (Quality Care Fund) . [1977 c.717 §10; 1983 c.47 §2; 2009 c.595 §784; 2009 c.828 §88; 2021 c.97 §60]

Source: Section 443.430 — Transferability of license; disposition of license fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 435.010 — OR Code / Title 36 / Chapter 435 / Section 435.010
435.010 License required for manufacture or sale of contraceptives
Status: in_force

(1) Appliances, drugs or medicinal preparations intended or that have special utility for the prevention of conception or sexually transmitted infections, or both, may not be manufactured or sold at wholesale in this state without a license issued by the State Board of Pharmacy, as provided in ORS 435.010 (License required for manufacture or sale of contraceptives) to 435.130 (Jurisdiction over prosecutions) . A license described in this subsection must be obtained in addition to other licenses required by law.

(2) The prohibitions of subsection (1) of this section do not apply to practitioners as defined in ORS 689.005 (Definitions) . [Amended by 1969 c.328 §1; 1977 c.328 §1; 1979 c.777 §47; 2019 c.280 §16; 2019 c.456 §3]

Source: Section 435.010 — License required for manufacture or sale of contraceptives; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors435.­html (accessed May 26, 2025).
ORS § 453.265 — OR Code / Title 36 / Chapter 453 / Section 453.265
453.265 Filing of formulation information with poison control centers required
Status: in_force

(1) The manufacturer of any art or craft material sold, distributed, offered for sale or exposed for sale in this state shall supply to a national poison control network approved by the Director of the Oregon Health Authority the formulation information required by that network for dissemination to poison control centers. Failure to file formulation information with an approved poison control network is a violation of ORS 453.205 (Definitions for ORS 453.205 to 453.275) to 453.275 (Civil penalty) .

(2) The requirements set forth in ORS 453.235 (Distribution of material containing toxic substances) shall not be considered to be complied with unless all required words, statements or other information accompany art or craft materials from manufacturer to consumer, not excluding any distributor, packager or repackager. [1985 c.539 §8; 2003 c.14 §278; 2009 c.595 §895]

Source: Section 453.265 — Filing of formulation information with poison control centers required; labeling , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 450.290 — OR Code / Title 36 / Chapter 450 / Section 450.290
450.290 Provisions concerning liquidation of indebtedness incurred by district financing sewerage system under ORS 450.250 to 450.300
Status: in_force

(1) Each district financing the cost of a sewerage system under authority of ORS 450.250 (Definitions for ORS 450.250 to 450.300) to 450.300 (Duty of treasurer to keep funds separate and to withhold tax receipts for bond payments) shall submit to the State Treasurer for approval, a schedule of its rates and sewer connection charges, and proposed method of collection thereof. The rates and charges shall be such as, in the judgment of the State Treasurer, are sufficient to pay the operation and maintenance costs of the system and to liquidate, during the period approved by the State Treasurer, the indebtedness incurred by the district in the construction of the system. The State Treasurer may further require as part of the agreement to purchase the bonds of the district, that the district levy and collect assessments in the manner provided 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) , and that it pledge the receipts from such assessments, both principal and interest, to the payment of its bonds and the interest thereon. The district shall be fully authorized to levy and collect such assessments against properties within or without the boundaries of the district, that will be benefited by the sewerage system of the district. Should the receipts of the district prove inadequate to pay such costs and such indebtedness, the State Treasurer may direct the district to increase its rates and charges to make the sewerage project self-supporting and self-liquidating, and the district thereupon shall establish the rates and charges prescribed by the State Treasurer.

(2) If the district does not have the ability to collect sewerage charges in connection with or as part of the charge for another service or utility that can be curtailed to secure collection, and if the State Treasurer so directs, delinquent charges for use of or connection with a sewerage system shall be certified to the assessor of the county or counties in which the district is located and shall be entered upon the tax rolls of the county and be collected and accounted for in the same manner in which city taxes are collected and accounted for. The said charges shall constitute liens upon the real property of the corporation or person against whom they are assessed.

(3) The district shall obtain from the State Treasurer approval of its annual budgets and tax levies before they are certified to the clerk and assessor of the county in which the district is located, for extension upon the county tax rolls. [1955 c.577 §9; 1991 c.459 §403a]

Source: Section 450.290 — Provisions concerning liquidation of indebtedness incurred by district financing sewerage system under ORS 450.250 to 450.300 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 431.145 — OR Code / Title 36 / Chapter 431 / Section 431.145
431.145 Clinical preventive services
Status: in_force

Clinical preventive services established under ORS 431.141 (Foundational programs) must provide for the assessment of public access to:

(1) Immunizations;

(2) Prenatal care;

(3) Screening for preventable cancers and other diseases;

(4) Screening for sexually transmitted infections;

(5) Evaluation of and treatment for tuberculosis and related latent tuberculosis infections;

(6) Cost-effective preventive care; and

(7) Laboratory services. [2015 c.736 §21]

Source: Section 431.145 — Clinical preventive services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431.­html (accessed May 26, 2025).
ORS § 441.791 — OR Code / Title 36 / Chapter 441 / Section 441.791
441.791 Process for investigating and resolving complaints
Status: in_force

(1) As used in this section, “valid complaint” means a complaint containing an allegation that, if assumed to be true, is a violation listed in ORS 441.792 (Disposition of complaints) .

(2) To ensure compliance with ORS 441.761 (Nurse Staffing Advisory Board) to 441.795 (Limitations on rulemaking authority of Oregon Health Authority) , the Oregon Health Authority shall:

(a) Establish a method by which a hospital staff person or an exclusive representative of a hospital staff person may submit a complaint through the authority’s website regarding any violation listed in ORS 441.792 (Disposition of complaints) ;

(b) No later than 14 days after receiving a complaint, send a copy of the complaint to the exclusive representative, if any, of the staff person or staff persons who filed the complaint;

(c) No later than 30 days after receiving a valid complaint of a violation listed in ORS 441.792 (Disposition of complaints) , open an investigation of the hospital and provide a notice of the investigation to the hospital and 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 to the exclusive representative, if any, of the staff person or staff persons filing the complaint. The notice must include a summary of the complaint that does not include the complainant’s name or the specific date, shift or unit but does include the calendar week in which the complaint arose;

(d) Not later than 80 days after opening the investigation, conclude the investigation and provide a written report on the complaint to the hospital, the cochairs of the hospital staffing committee and the exclusive representative, if any, of the staff person or staff persons filing the complaint. The report:

(A) Shall include a summary of the complaint;

(B) Shall include the nature of the alleged violation or violations;

(C) Shall include the authority’s findings and factual bases for the findings;

(D) Shall include other information the authority determines is appropriate to include in the report; and

(E) May not include the name of any complainant, the name of any patient or the names of any individuals that the authority interviewed in investigating the complaint;

(e) If the authority issues a warning or imposes one or more civil penalties based on the report described in paragraph (d) of this subsection, provide a notice of the civil penalty that complies with ORS 183.415 (Notice of right to hearing) , 183.745 (Civil penalty procedures) and 441.793 (Penalties) to the hospital, the cochairs of the applicable hospital staffing committee and the exclusive representative, if any, of the staff person or staff persons who filed the complaint; and

(f) In determining whether to impose a civil penalty, consider all relevant evidence, including but not limited to witness testimony, written documents and the observations of the investigator.

(3) A hospital subject to a valid complaint shall provide to the authority, no later than 20 days after receiving the notice under subsection (1)(c) of this section:

(a) The staffing plan that is the subject of the complaint;

(b) If relevant to the complaint, documents that show the scheduled staffing and the actual staffing on the unit that is the subject of the complaint during the period of time specified in the complaint; and

(c) Documents that show the actions described in ORS 441.793 (Penalties) (4), if any, that the hospital took to comply with the staffing plan or to address the issue raised by the complaint.

(4) In conducting an investigation, the authority shall review any document:

(a) Related to the complaint that is provided by the exclusive representative that filed the complaint or by the hospital staff person who filed the complaint and the person’s exclusive representative, if any; and

(b) Provided by the hospital in response to the complaint.

(5) In conducting an investigation, the authority may:

(a) Make an on-site inspection of the unit that is the subject of the complaint;

(b) Interview a manager for the unit and any other staff persons with information relevant to the complaint;

(c) Interview the cochairs of the relevant staffing committee;

(d) Interview the staff person or staff persons who filed the complaint unless the individual declines to be interviewed; and

(e) Compel the production of books, papers, accounts, documents and testimony pertaining to the complaint, other than documents that are privileged or not otherwise subject to disclosure.

(6) A complaint by a hospital staff person or the staff person’s exclusive representative must be filed no later than 60 days after the date of the violation alleged in the complaint. The authority may not investigate a complaint or take any enforcement action with respect to a complaint that has not been filed timely. [Formerly 441.171]

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

Source: Section 441.791 — Process for investigating and resolving complaints , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 453.885 — OR Code / Title 36 / Chapter 453 / Section 453.885
453.885 Decontamination of property
Status: in_force

(1) The owner of property determined to be not fit for use under ORS 105.555 (Places declared nuisances subject to abatement) , 431.175 (Warrant procedure) and 453.855 (Purpose) to 453.912 (Governmental immunity from liability) who desires to have the property certified as fit for use may use the services of a contractor licensed by the Oregon Health Authority to decontaminate the property or, upon approval by the authority, the owner, or an agent of the owner, may perform the decontamination work. The contractor, in coordination with the owner or agent of the owner, shall prepare and submit a written work plan for decontamination to the authority. If the work plan is approved and the decontamination work is completed according to the plan and is properly documented, the authority shall certify the property as having been decontaminated in compliance with rules of the authority. Upon the completion of the work plan, the authority shall require the licensed contractor’s affidavit of compliance with the approved work plan.

(2) The property owner shall notify the Director of the Department of Consumer and Business Services of the certification. No person who is not licensed by the authority under ORS 105.555 (Places declared nuisances subject to abatement) , 431.175 (Warrant procedure) and 453.855 (Purpose) to 453.912 (Governmental immunity from liability) shall advertise to undertake or perform the work necessary to decontaminate property determined to be not fit for use under ORS 105.555 (Places declared nuisances subject to abatement) , 431.175 (Warrant procedure) and 453.855 (Purpose) to 453.912 (Governmental immunity from liability) .

(3) Upon receipt of the certificate and a request by the property owner to remove the property from the list, the Director of the Department of Consumer and Business Services shall cause the property to be removed from the list. [1989 c.915 §11; 1999 c.861 §3; 2009 c.595 §928]

Source: Section 453.885 — Decontamination of property; certification process , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 450.987 — OR Code / Title 36 / Chapter 450 / Section 450.987
450.987 Annexation by city of water or sanitary authority territory
Status: in_force

Upon formation of a water authority or sanitary authority, a city may annex territory situated within the boundaries of the water authority or sanitary authority, but shall not remove any water mains, sewers and drains, service installations, reservoirs, structures, facilities and other improvements or any service provision capability from the water or sanitary authority unless the county governing body or boundary commission determines that:

(1) Withdrawal of the territory or improvements from the water or sanitary authority will have no substantial adverse impact on the ability of the water or sanitary authority to provide service to the remaining territory;

(2) The withdrawal is not solely for the tax advantage of a property owner;

(3) The withdrawal will not result in noncontiguous parcels being served by the water or sanitary authority; and

(4) The water or sanitary authority cannot provide adequate service to the subject territory within a reasonable time. [Formerly 450.670; 1993 c.577 §34]

Source: Section 450.987 — Annexation by city of water or sanitary authority territory , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 441.021 — OR Code / Title 36 / Chapter 441 / Section 441.021
441.021 Additional fees for investigation and compliance activities
Status: in_force

(1) In addition to an annual fee, the Oregon Health Authority may charge a hospital a fee for:

(a) Complaint investigation, in an amount not to exceed $850.

(b) Full compliance survey, in an amount not to exceed $7,520.

(c) On-site follow-up survey to verify compliance with a plan of correction, in an amount not to exceed $225.

(d) Off-site follow-up survey to verify compliance with a plan of correction, in an amount not to exceed $85.

(2) During one calendar year, the authority may charge to all hospitals a total amount not to exceed:

(a) $91,000 for complaint investigations.

(b) $15,000 for full compliance surveys.

(c) $6,700 for follow-up surveys.

(3) Intentionally left blank —Ed.

(a) The authority shall apportion the total amount charged under subsection (2) of this section among hospitals at the end of each calendar year based on the number of complaint investigations, full compliance surveys and follow-up surveys performed at each hospital during the calendar year.

(b) The authority may not include investigations of employee complaints in a hospital’s total number of complaint investigations.

(c) A hospital may not be charged fees in any calendar year under subsection (2) of this section for more complaint investigations than the greater of:

(A) The rolling average for the hospital for the previous three years; or

(B) Two complaint investigations for a small hospital and five complaint investigations for a large hospital.

(d) Notwithstanding paragraph (c) of this subsection, the authority may not charge a hospital for a number of complaint investigations that exceeds the number of complaint investigations actually conducted at the hospital during the calendar year.

(4) As used in this section, “full compliance survey” means a survey conducted by the authority following a complaint investigation to determine a hospital’s compliance with the Centers for Medicare and Medicaid Services Conditions of Participation. [2009 c.792 §4b; 2009 c.792 §54; 2011 c.720 §195a]

Note: 441.021 (Additional fees for investigation and compliance activities) 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 441.021 — Additional fees for investigation and compliance activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 438.440 — OR Code / Title 36 / Chapter 438 / Section 438.440
438.440 Disposition of fees
Status: in_force

All moneys received by the Oregon Health Authority under ORS 438.010 (Definitions for ORS 438.010 to 438.510) to 438.510 (Prohibited acts) and 438.990 (Penalties for ORS 438.040 and 438.510) shall be credited to the Public Health Account and shall be used for payment of the expenses of the authority in administering the provisions of ORS 438.010 (Definitions for ORS 438.010 to 438.510) to 438.510 (Prohibited acts) and 438.990 (Penalties for ORS 438.040 and 438.510) . [1969 c.685 §16; 2009 c.595 §712]

Source: Section 438.440 — Disposition of fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors438.­html (accessed May 26, 2025).
ORS § 431.144 — OR Code / Title 36 / Chapter 431 / Section 431.144
431.144 Prevention of injury and disease and promotion of health programs
Status: in_force

(1) Prevention of injury and disease and promotion of health programs established under ORS 431.141 (Foundational programs) must include, but are not limited to:

(a) Prevention and control of tobacco use;

(b) Improving nutrition;

(c) Improving oral health;

(d) Improving prenatal, natal and postnatal care, maternal health and the health of children;

(e) Incentivizing increased physical activity; and

(f) Decreasing the occurrence and impacts of both unintentional and intentional injuries, such as motor vehicle accidents and suicide.

(2) Prevention of injury and disease and promotion of health programs must be based on evidence-based or emerging best practices designed to improve health outcomes for all populations. [2015 c.736 §20]

Source: Section 431.144 — Prevention of injury and disease and promotion of health programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431.­html (accessed May 26, 2025).
ORS § 450.835 — OR Code / Title 36 / Chapter 450 / Section 450.835
450.835 Contract for or purchase of sewage disposal and drainage systems
Status: in_force

A sanitary authority may, in performing the powers conferred by ORS 450.830 (Authority may construct and operate sewage disposal and drainage systems) :

(1) Contract with any person, or enter into intergovernmental agreements under ORS chapter 190, for the use or joint operation of all or any portion of any sewage disposal or drainage system; or

(2) Purchase all or any portion of any sewage disposal or drainage system on such terms as are fair and reasonable. Where the area served by such system, or part thereof, is situated within the authority, the authority may agree, on such terms as are fair and reasonable, to furnish sewage disposal or drainage functions for the area then served by such sewage disposal or drainage system. Under this subsection, as a part of the purchase agreement and on such terms as are fair and reasonable, the authority may assume liability for any outstanding bonded or other indebtedness incurred prior to the time of purchase in connection with the facilities to be purchased. [1955 c.614 §30; 2003 c.802 §121]

Source: Section 450.835 — Contract for or purchase of sewage disposal and drainage systems , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 433.090 — OR Code / Title 36 / Chapter 433 / Section 433.090
433.090 Definitions for ORS 433.090 to 433.102
Status: in_force

As used in ORS 433.090 (Definitions for ORS 433.090 to 433.102) to 433.102 (Parental responsibility for immunization) :

(1) “Authorized user” means a person or entity authorized to provide information to or to receive information from an immunization registry or tracking and recall system under ORS 433.090 (Definitions for ORS 433.090 to 433.102) to 433.102 (Parental responsibility for immunization) . “Authorized user” includes, but is not limited to:

(a) The Oregon Health Authority and its agents;

(b) Local health departments and their agents;

(c) Licensed health care providers and their agents;

(d) Health care institutions;

(e) Insurance carriers;

(f) State health plans as defined in ORS 192.556 (Definitions for ORS 192.553 to 192.581) ;

(g) Parents, guardians or legal custodians of children under 18 years of age;

(h) Clients 18 years of age or older;

(i) Post-secondary education institutions;

(j) Schools; and

(k) Children’s facilities.

(2) “Children’s facility” has the meaning given that term in ORS 433.235 (Definitions for ORS 433.235 to 433.284) .

(3) “Client” means a person registered with any Oregon tracking and recall system.

(4) “Immunization record” includes but is not limited to records of the following:

(a) Any immunization received;

(b) Date immunization was received;

(c) Complication or side effect associated with immunization;

(d) Date and place of birth of a client;

(e) Hospital where a client was born;

(f) Client’s name; and

(g) Mother’s name.

(5) “Immunization registry” means a listing of clients and information relating to their immunization status, without regard to whether the registry is maintained in this state or elsewhere.

(6) “Local health department” has the meaning given that term in ORS 431.003 (Definitions) .

(7) “Parent or guardian” has the meaning given the term “parent” in ORS 433.235 (Definitions for ORS 433.235 to 433.284) .

(8) “Post-secondary education institution” means:

(a) A public university listed in ORS 352.002 (Public universities) ;

(b) A community college operated under ORS chapter 341;

(c) A school or division of Oregon Health and Science University; or

(d) An Oregon-based, generally accredited, private institution of higher education.

(9) “Provider” means a physician or a health care professional who is acting within the scope of the physician’s or professional’s licensure and is responsible for providing immunization services or for coordinating immunization services within a clinic, public health site, school or other immunization site.

(10) “School” has the meaning given that term in ORS 433.235 (Definitions for ORS 433.235 to 433.284) .

(11) “Tracking and recall record” means information needed to send reminder cards to, place telephone calls to or personally contact the client or the parent or guardian of a client for the purposes of informing the client, parent or guardian that the client is late in receiving recommended immunizations, hearing or lead screenings, or other public health interventions, including but not limited to the client’s:

(a) Name;

(b) Address;

(c) Telephone number;

(d) Insurance carrier; and

(e) Health care provider.

(12) “Tracking and recall system” means a system attached to an immunization registry designed to contact clients listed in the immunization registry for the purposes of assisting in the timely completion of immunization series, hearing or lead screenings, or other public health interventions designated by rule of the authority. [1993 c.297 §1; 2003 c.573 §1; 2003 c.593 §1; 2007 c.196 §1; 2009 c.595 §640; 2011 c.71 §1; 2011 c.637 §271; 2015 c.736 §78]

Source: Section 433.090 — Definitions for ORS 433.090 to 433.102 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 451.545 — OR Code / Title 36 / Chapter 451 / Section 451.545
451.545 Bond issue for financing service facilities
Status: in_force

(1) The district may, when authorized by a majority of the votes cast at an election by electors of the district, issue general obligation bonds for the purpose of paying the cost of acquisition or construction of service facilities. Each issue of general obligation bonds shall be the general obligation of the district and the principal and interest on the bonds shall be paid by the district by assessments, charges, or ad valorem taxes imposed or levied within the district as may be determined by the governing body of the district under ORS 451.490 (Methods of financing service facilities) . Bonds authorized by this section shall be issued in accordance with ORS chapter 287A, except as otherwise provided in this section.

(2) In addition to the authority to issue general obligation bonds, the district, when authorized at any properly called election, shall have the power to sell and dispose of revenue bonds, and to pledge as security for the bonds all or any part of the unobligated net revenue of the district to purchase, acquire, lay out, construct, reconstruct, extend, enlarge or improve service facilities. The revenue bonds shall be issued as prescribed in ORS chapter 287A, but they are payable, both as to principal and interest from revenues only, as specified by this section. The revenue bonds are not subject to the percentage limitation applicable to general obligation bonds and are not a lien upon any of the taxable property within the boundaries of such district, but are payable solely from such part of the revenues of the district as remain after payment of obligations having a priority and of all expenses of operation and maintenance of the district. All revenue bonds shall contain a clause reciting that both the principal and interest are payable solely from operating revenues of the district remaining after paying such obligations and expenses.

(3) The district’s total outstanding general obligation bonds, including improvement bonds of the kind authorized by 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) , may not exceed in the aggregate 13 percent of the real market value of all property by law assessable for state and county purposes within the district as reflected in the last roll certified under ORS 311.105 (Certificate of taxes levied or imposed) . [1961 c.576 §19; 1963 c.515 §19; 1969 c.646 §12; 1973 c.785 §20; 1981 c.804 §104; 1991 c.459 §406; 1995 c.79 §227; 2007 c.783 §192; 2009 c.538 §10]

Source: Section 451.545 — Bond issue for financing service facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors451.­html (accessed May 26, 2025).
ORS § 441.094 — OR Code / Title 36 / Chapter 441 / Section 441.094
441.094 Denial of emergency medical services because of inability to pay prohibited
Status: in_force

(1) No officer or employee of a hospital licensed by the Oregon Health Authority that has an emergency department may deny to a person an appropriate medical screening examination within the capability of the emergency department, including ancillary services routinely available to the emergency department, to determine whether a need for emergency medical services exists.

(2) No officer or employee of a hospital licensed by the authority may deny to a person diagnosed by an admitting physician as being in need of emergency medical services the emergency medical services customarily provided at the hospital because the person is unable to establish the ability to pay for the services.

(3) Nothing in this section is intended to relieve a person of the obligation to pay for services provided by a hospital.

(4) A hospital that does not have physician services available at the time of the emergency shall not be in violation of this section if, after a reasonable good faith effort, a physician is unable to provide or delegate the provision of emergency medical services.

(5) All coordinated care organization contracts executed by the authority and private health maintenance organizations and managed care organizations shall include a provision that encourages the organization to establish agreements with hospitals in the organization’s service area for payment of emergency screening examinations.

(6) As used in subsections (1) and (2) of this section, “emergency medical services” means medical services that are usually and customarily available at the respective hospital and that must be provided immediately to sustain a person’s life, to prevent serious permanent disfigurement or loss or impairment of the function of a bodily member or organ, or to provide care of a woman in her labor where delivery is imminent if the hospital is so equipped and, if the hospital is not equipped, to provide necessary treatment to allow the woman to travel to a more appropriate facility without undue risk of serious harm. [1987 c.386 §1; 1995 c.449 §2; 2009 c.595 §732; 2011 c.602 §53]

Note: 441.094 (Denial of emergency medical services because of inability to pay prohibited) 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 441.094 — Denial of emergency medical services because of inability to pay prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 433.990 — OR Code / Title 36 / Chapter 433 / Section 433.990
433.990 Penalties
Status: in_force

(1) Violation of ORS 433.004 (Reportable diseases) or 433.008 (Confidentiality of disclosure) , 433.255 (Persons with or exposed to restrictable disease excluded from school or children’s facility) , 433.260 (Exclusion of persons exposed to or having restrictable disease from school or children’s facility) or 433.715 (Exposed merchandise) is a Class A misdemeanor.

(2) Violation of ORS 433.010 (Spreading disease prohibited) is a Class C felony.

(3) Violation of ORS 433.035 (Testing or examination of persons with certain diseases or conditions) is a Class C misdemeanor.

(4) Violation of ORS 433.131 (Entry into premises used for isolation or quarantine) is a Class D violation.

(5) Violation of ORS 433.850 (Prohibition on aerosolizing, smoking or vaporizing in place of employment) is a Class A violation. Fines imposed against a single employer under this subsection may not exceed $4,000 in any 30-day period.

(6) Violation of ORS 433.345 (Report of animal bites) or 433.365 (Inoculation against rabies) is a Class B violation. Failure to obey any lawful order of the Director of the Oregon Health Authority issued under ORS 433.350 (Power of Oregon Health Authority to take possession and order destruction of animal) is a Class C misdemeanor.

(7) Any organizer, as defined in ORS 433.735 (Definitions for ORS 433.735 to 433.770) , violating ORS 433.745 (Outdoor mass gathering without permit prohibited) commits a specific fine violation punishable by a fine of not more than $10,000. [Subsection (8) (1969 Replacement Part) enacted as 1957 c.422 §2; subsection (8) derived from 434.990; 1971 c.648 §23; subsection (9) enacted as 1971 c.413 §6; subsection (10) enacted as 1971 c.597 §7; 1973 c.779 §46; 1979 c.492 §6; 1979 c.828 §13; subsection (5) enacted as 1981 c.384 §10; 1987 c.320 §232; 1987 c.600 §16; 1999 c.1051 §182; 2001 c.104 §166; 2001 c.636 §5; 2001 c.990 §7; 2007 c.445 §30; 2007 c.602 §7; 2009 c.595 §688; 2011 c.597 §85; 2011 c.601 §4]

Source: Section 433.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 448.060 — OR Code / Title 36 / Chapter 448 / Section 448.060
448.060 Operating pool or other facility without permit, plan approval or license
Status: in_force

(1) A public swimming pool, public spa pool, public wading pool or bathhouse may not remain open to the public after the permit, plan approval or license to operate the facility has been suspended, denied or revoked.

(2) Any public swimming pool, public spa pool, public wading pool or bathhouse constructed, operated or maintained contrary to ORS 448.005 (Definitions for ORS 448.005 to 448.090) to 448.090 (Disposition of moneys) is a public nuisance, dangerous to health. Such nuisance may be abated or enjoined in an action brought by the Director of the Oregon Health Authority or may be summarily abated in the manner provided by law for the summary abatement of public nuisances dangerous to health. [Amended by 1961 c.566 §15; 1973 c.215 §8; 1979 c.453 §7; 1999 c.929 §7; 2009 c.595 §835; 2019 c.456 §121]

Source: Section 448.060 — Operating pool or other facility without permit, plan approval or license; public nuisance; abatement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html (accessed May 26, 2025).
ORS § 448.180 — OR Code / Title 36 / Chapter 448 / Section 448.180
448.180 Waiver of construction standards
Status: in_force

The Oregon Health Authority may grant waivers on construction standards if the authority is satisfied there will be no unreasonable risk to health. [1983 c.271 §2; 2009 c.595 §851]

Source: Section 448.180 — Waiver of construction standards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html (accessed May 26, 2025).
ORS § 443.386 — OR Code / Title 36 / Chapter 443 / Section 443.386
443.386 Designees of ombudsman
Status: in_force

(1) The Residential Facilities Ombudsman shall, in consultation with the Long Term Care Ombudsman, appoint designees to serve as representatives of the ombudsman in local communities. The ombudsman shall regularly monitor the functions of designees.

(2) The Residential Facilities Ombudsman shall prescribe the qualifications of designees by rule.

(3) To be appointed as a designee, a person must complete an initial training prescribed by the Residential Facilities Ombudsman by rule and attend required continuing educational training sessions that are approved by the ombudsman.

(4) Designees must sign a contract with the Residential Facilities Ombudsman that outlines the scope of their duties. Violation of the contract is cause for terminating the appointment of a designee. [2017 c.441 §4]

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

Source: Section 443.386 — Designees of ombudsman; training; contract , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 448.090 — OR Code / Title 36 / Chapter 448 / Section 448.090
448.090 Disposition of moneys
Status: in_force

All moneys collected under ORS 448.005 (Definitions for ORS 448.005 to 448.090) to 448.090 (Disposition of moneys) shall be paid into the General Fund in the State Treasury for credit to the Public Health Account and such moneys hereby are appropriated continuously and shall be used only for the administration and enforcement of ORS 448.005 (Definitions for ORS 448.005 to 448.090) to 448.090 (Disposition of moneys) . [1961 c.566 §8; 1973 c.427 §10]

Source: Section 448.090 — Disposition of moneys , https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html (accessed May 26, 2025).
ORS § 446.140 — OR Code / Title 36 / Chapter 446 / Section 446.140
446.140 Notice of removal from park
Status: in_force

No person, firm or corporation shall remove a manufactured dwelling from a mobile home or manufactured dwelling park without first giving the owner or operator of the park 72 hours’ notice. [1959 c.562 §12; 1967 c.247 §11; 1969 c.533 §25; 1985 c.473 §16; 1989 c.648 §14]

Source: Section 446.140 — Notice of removal from park , https://www.­oregonlegislature.­gov/bills_laws/ors/ors446.­html (accessed May 26, 2025).
ORS § 453.909 — OR Code / Title 36 / Chapter 453 / Section 453.909
453.909 Authority of counties and cities
Status: in_force

Counties and cities by ordinance may prohibit use or occupancy of or provide for regulation of any property so long as such prohibition or regulation is consistent with ORS 105.555 (Places declared nuisances subject to abatement) , 431.175 (Warrant procedure) and 453.855 (Purpose) to 453.912 (Governmental immunity from liability) and rules of the Oregon Health Authority. [1989 c.915 §20; 1999 c.861 §6; 2009 c.595 §935]

Source: Section 453.909 — Authority of counties and cities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 441.418 — OR Code / Title 36 / Chapter 441 / Section 441.418
441.418 Appeal to Residential Ombudsman and Public Guardianship Advisory Board
Status: in_force

(1) A residential facility as defined in ORS 443.380 (Definitions for ORS 443.380 to 443.394) or a long term care facility that files a complaint against a designee appointed under ORS 441.413 (Appointment of designees) and objects to the action of the Long Term Care Ombudsman in resolving the complaint may appeal the ombudsman’s action to a panel of the Residential Ombudsman and Public Guardianship Advisory Board.

(2) The board on its own motion may review any action by the ombudsman appealable under this section. The review shall provide an opportunity for written and oral presentation by the residential facility as defined in ORS 443.380 (Definitions for ORS 443.380 to 443.394) or a long term care facility and the ombudsman. The board shall issue its findings and any instructions to the ombudsman in written form consistent with the federal Older Americans Act or other applicable federal law.

(3) If the board disagrees with the action of the ombudsman, the board may refer the resolution back to the ombudsman with instructions consistent with the federal Older Americans Act or other applicable federal law to conform the ombudsman’s action in the matter to the recommendations of the board. [Formerly 441.146; 2017 c.441 §22]

Source: Section 441.418 — Appeal to Residential Ombudsman and Public Guardianship Advisory Board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 453.715 — OR Code / Title 36 / Chapter 453 / Section 453.715
453.715 Injunction against violation
Status: in_force

When the Oregon Health Authority in writing notifies the Attorney General that, in the judgment of the authority, a person has engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any provision of or regulation pursuant to ORS 453.605 (Definitions for ORS 453.605 to 453.800) to 453.800 (X-ray Machine Inspection Account) , if the authority so requests, the Attorney General shall apply to the circuit court for the county of that person’s residence for an order enjoining such act or practice, or for an order directing compliance; and upon a showing by the authority that that person has engaged or is about to engage in any such act or practice, the court may grant a permanent or temporary injunction or restraining order or other order. [1961 c.664 §12; 2009 c.595 §907]

Source: Section 453.715 — Injunction against violation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 432.103 — OR Code / Title 36 / Chapter 432 / Section 432.103
432.103 Full faith and credit
Status: in_force

A determination of paternity or parentage by another state is entitled to full faith and credit. [Formerly 432.289; 2017 c.651 §47]

Source: Section 432.103 — Full faith and credit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors432.­html (accessed May 26, 2025).
ORS § 442.342 — OR Code / Title 36 / Chapter 442 / Section 442.342
442.342 Waiver of requirements
Status: in_force

(1) Notwithstanding any other provision of law, a hospital licensed under ORS 441.025 (License issuance) , in accordance with rules adopted by the Oregon Health Authority, may apply for waiver from the provisions of ORS 442.325 (Certificate of need for health care facility of health maintenance organization) , and the authority shall grant the waiver if, for the most recently completed hospital fiscal year preceding the date of application for waiver and each succeeding fiscal year thereafter, the percentage of qualified inpatient revenue is not less than that described in subsection (2) of this section.

(2) Intentionally left blank —Ed.

(a) The percentage of qualified inpatient revenue for the first year in which a hospital is granted a waiver under subsection (1) of this section may not be less than 60 percent.

(b) The percentage in paragraph (a) of this subsection shall be increased by five percentage points in each succeeding hospital fiscal year until the percentage of qualified inpatient revenue equals or exceeds 75 percent.

(3) As used in this section:

(a) “Qualified inpatient revenue” means revenue earned from public and private payers for inpatient hospital services approved by the authority pursuant to rules, including:

(A) Revenue earned pursuant to Title XVIII, United States Social Security Act, when such revenue is based on diagnostic related group prices that include capital-related expenses or other risk-based payment programs as approved by the authority;

(B) Revenue earned pursuant to Title XIX, United States Social Security Act, when such revenue is based on diagnostic related group prices that include capital-related expenses;

(C) Revenue earned under negotiated arrangements with public or private payers based on all-inclusive per diem rates for one or more hospital service categories;

(D) Revenue earned under negotiated arrangements with public or private payers based on all-inclusive per discharge or per admission rates related to diagnostic related groups or other service or intensity-related measures;

(E) Revenue earned under arrangements with one or more health maintenance organizations; or

(F) Other prospectively determined forms of inpatient hospital reimbursement approved in advance by the authority in accordance with rules.

(b) “Percentage of qualified inpatient revenue” means qualified inpatient revenue divided by total gross inpatient revenue as defined by administrative rule of the authority.

(4) Intentionally left blank —Ed.

(a) The authority shall hold a hearing to determine the cause if any hospital granted a waiver pursuant to subsection (1) of this section fails to reach the applicable percentage of qualified inpatient revenue in any subsequent fiscal year of the hospital.

(b) If the authority finds that the failure was without just cause and that the hospital has undertaken projects that, except for the provisions of this section, would have been subject to ORS 442.325 (Certificate of need for health care facility of health maintenance organization) , the authority shall impose one of the penalties outlined in paragraph (c) of this subsection.

(c) Intentionally left blank —Ed.

(A) A one-time civil penalty of not less than $25,000 or more than $250,000; or

(B) An annual civil penalty equal to an amount not to exceed 110 percent of the net profit derived from such project or projects for a period not to exceed five years.

(5) Nothing in this section shall be construed to permit a hospital to develop a new inpatient hospital facility or provide new services authorized by facilities defined as “long term care facility” under ORS 442.015 (Definitions) under a waiver granted pursuant to subsection (1) of this section. [1985 c.747 §35; 1987 c.660 §9; 1991 c.470 §18; 1995 c.727 §41; 2009 c.595 §753; 2013 c.1 §65]

Note: 442.342 (Waiver of requirements) was enacted into law by the Legislative Assembly and added to or made a part of ORS chapter 442 by legislative action but not to any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 442.342 — Waiver of requirements; rules; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 431.137 — OR Code / Title 36 / Chapter 431 / Section 431.137
431.137 Health equity and cultural responsiveness
Status: in_force

(1) For the purpose of establishing the foundational capabilities under ORS 431.131 (Foundational capabilities) , health equity and cultural responsiveness include, but are not limited to, the knowledge, skills and abilities necessary to:

(a) Support public health policies that promote health equity;

(b) Implement processes within public health programs that create health equity;

(c) Recognize and address health inequities that are specific to certain populations, including populations specific to sex, race, ethnicity and socioeconomic status;

(d) Communicate with the public and stakeholders in a transparent and inclusive manner;

(e) When appropriate, provide the public and stakeholders with access to the data and findings described in ORS 431.132 (Assessment and epidemiology) ; and

(f) Engage diverse populations in community health planning.

(2) For purposes of this section, the Oregon Health Authority may adopt rules differentiating between the knowledge, skills and abilities that are necessary for state governance and that are necessary for local governance. [2015 c.736 §15]

Source: Section 431.137 — Health equity and cultural responsiveness; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431.­html (accessed May 26, 2025).
ORS § 452.120 — OR Code / Title 36 / Chapter 452 / Section 452.120
452.120 Duties of county court
Status: in_force

The county court shall:

(1) Call special meetings of the board of trustees of the district for the purposes of investigation and supervision of the district’s affairs. At least one meeting shall be called annually for the purpose of reviewing the activities of the district.

(2) Hold hearings of complaints of other interested persons.

(3) Require the board to furnish by February 1 of each year a proposed annual work program which shall include an estimate of funds required for the next year and a description of the work contemplated and the methods to be employed by the district.

(4) Approve, after consultation with the local public health administrators or their designees, the annual work program of the district before any work contracts or operations are entered into by the board.

(5) Require the board to furnish by February 1 of each year an annual report covering moneys expended, methods employed and work accomplished during the past fiscal year. [Amended by 1959 c.600 §7; 1981 c.640 §9; 2021 c.191 §15]

Source: Section 452.120 — Duties of county court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors452.­html (accessed May 26, 2025).
ORS § 441.762 — OR Code / Title 36 / Chapter 441 / Section 441.762
441.762 Hospital nurse staffing committee
Status: in_force

(1) Intentionally left blank —Ed.

(a) For each hospital there shall be established a hospital nurse staffing committee. Each hospital nurse staffing committee shall:

(A) Consist of an equal number of hospital nurse managers and direct care staff;

(B) For the portion of the committee composed of direct care staff, consist entirely of direct care registered nurses, except for one position to be filled by a direct care staff member who is not a registered nurse and whose services are covered by a written hospital-wide nurse staffing plan; and

(C) Include at least one direct care registered nurse from each hospital nurse specialty or unit.

(b) If any of the direct care registered nurses who work at a hospital have an exclusive representative, the exclusive representative shall select the direct care registered nurse members of the committee.

(c) If the direct care staff member who is not a registered nurse who works at a hospital has an exclusive representative, the exclusive representative shall select the direct care staff member of the committee who is not a registered nurse.

(d) If none of the direct care registered nurses who work at a hospital are represented by an exclusive representative, the direct care registered nurses belonging to a hospital nurse specialty or unit shall select the members of the committee who are direct care registered nurses from the specialty or unit to serve on the committee.

(e) If none of the direct care staff working at the hospital who are not registered nurses are represented by an exclusive representative, the direct care registered nurses who are members of the staffing committee shall select the direct care staff who are not registered nurses to serve on the committee.

(2) A hospital nurse staffing committee shall develop a written hospital-wide nurse staffing plan in accordance with this section and ORS 441.763 (Written staffing plan for nursing services) , 441.764 (Annual review of nurse staffing plan) , 441.765 (Staffing ratios for direct care registered nurses) , 441.766 (Exceptions to direct care registered nurse staffing ratios) , 441.767 (Staffing plans for psychiatric units) and 441.768 (Staffing ratios for certified nursing assistants) . The committee’s primary goals in developing the staffing plan shall be to ensure that the hospital is staffed to meet the health care needs of patients. The committee shall review and modify the staffing plan in accordance with ORS 441.764 (Annual review of nurse staffing plan) .

(3) A majority of the members of a hospital nurse staffing committee constitutes a quorum for the transaction of business.

(4) A hospital nurse staffing committee shall have two cochairs. One cochair shall be a hospital nurse manager elected by the members of the committee who are hospital nurse managers and one cochair shall be a direct care registered nurse elected by the members of the committee who are direct care staff.

(5) A decision made by a hospital nurse staffing committee must be made by a vote of a majority of the members of the committee. If a quorum of members present at a meeting comprises an unequal number of hospital nurse managers and direct care staff, only an equal number of hospital nurse managers and direct care staff may vote.

(6) A hospital nurse staffing committee shall meet:

(a) At least once every four months; and

(b) At any time and place specified by either cochair.

(7) Intentionally left blank —Ed.

(a) Subject to paragraph (b) of this subsection, a hospital nurse staffing committee meeting must be open to:

(A) The hospital nursing staff as observers; and

(B) Upon invitation by either cochair, other observers or presenters.

(b) At any time, either cochair may exclude persons described in paragraph (a) of this subsection from a committee meeting for purposes related to deliberation and voting.

(8) Minutes of hospital nurse staffing committee meetings must:

(a) Include motions made and outcomes of votes taken;

(b) Summarize discussions; and

(c) Be made available in a timely manner to hospital nursing staff and other hospital staff upon request.

(9) A hospital shall release a member of a hospital nurse staffing committee described in subsection (1)(a) of this section from the member’s assignment, and provide the member with paid time, to attend committee meetings. [Formerly 441.154]

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

Source: Section 441.762 — Hospital nurse staffing committee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 446.423 — OR Code / Title 36 / Chapter 446 / Section 446.423
446.423 Use of moneys
Status: in_force

Except as otherwise provided in ORS 455.220 (Surcharge on building permit fees) (1), all moneys deposited to the Consumer and Business Services Fund that are derived pursuant to ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) to 446.200 (Exemption from additional regulations) , 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs) , 446.395 (License required) to 446.420 (License required to maintain action) , 446.566 (Ownership document contents) to 446.646 (Department of Consumer and Business Services rules) , 446.661 (Definitions for ORS 446.661 to 446.756) to 446.756 (Violation of consigned manufactured structure transfer) and 455.220 (Surcharge on building permit fees) (1) are continuously appropriated to the Department of Consumer and Business Services for carrying out any of the duties, functions and powers of the department under ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) to 446.200 (Exemption from additional regulations) , 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs) , 446.395 (License required) to 446.420 (License required to maintain action) , 446.566 (Ownership document contents) to 446.646 (Department of Consumer and Business Services rules) and 446.661 (Definitions for ORS 446.661 to 446.756) to 446.756 (Violation of consigned manufactured structure transfer) , and rules adopted thereunder. [2001 c.710 §1; 2003 c.655 §74a; 2003 c.675 §7; 2017 c.364 §2]

Note: 446.423 (Use of moneys) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 446.423 — Use of moneys , https://www.­oregonlegislature.­gov/bills_laws/ors/ors446.­html (accessed May 26, 2025).
ORS § 432.540 — OR Code / Title 36 / Chapter 432 / Section 432.540
432.540 Use of confidential data
Status: in_force

(1) The Oregon Health Authority shall adopt rules under which confidential data may be used by third parties to conduct research and studies for the public good. Research and studies conducted using confidential data from the statewide registry must be reviewed and approved by the Committee for the Protection of Human Research Subjects established in accordance with 45 C.F.R. 46.

(2) The authority may enter into agreements to exchange information with other registries for cancer and benign or borderline tumors of the brain and central nervous system in order to obtain complete reports of Oregon residents diagnosed or treated in other states and to provide information to other states regarding the residents of other states diagnosed or treated in Oregon. Prior to providing information to any other registry, the authority shall ensure that the recipient registry has comparable confidentiality protections. [1995 c.585 §6; 2003 c.269 §6; 2009 c.595 §622; 2017 c.101 §39]

Note: See note under 432.500 (Definitions) .

Source: Section 432.540 — Use of confidential data; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors432.­html (accessed May 26, 2025).
ORS § 431a.862 — OR Code / Title 36 / Chapter 431a / Section 431a.862
431A.862 Receipt of prescription monitoring information by pharmacist
Status: in_force

A pharmacist who dispenses a prescription drug for which reporting is required under ORS 431A.860 (Duty of pharmacy to report to program) may receive prescription monitoring information regarding:

(1) A patient who is an individual to whom a prescription drug is dispensed on behalf of an animal; and

(2) An animal for which a prescription drug is prescribed. [2023 c.438 §2]

Note: 431A.862 (Receipt of prescription monitoring information by pharmacist) becomes operative January 1, 2025, and applies to drugs dispensed on or after January 1, 2025. See section 9, chapter 438, Oregon Laws 2023, as amended by section 9a, chapter 438, Oregon Laws 2023, and see section 10, chapter 438, Oregon Laws 2023.

Source: Section 431A.862 — Receipt of prescription monitoring information by pharmacist , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).
ORS § 433.010 — OR Code / Title 36 / Chapter 433 / Section 433.010
433.010 Spreading disease prohibited
Status: in_force

Bibliographic info

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(1) No person shall willfully cause the spread of any communicable disease within this state.

(2) Whenever the laws of this state require a person to secure a health certificate, such certificate shall be acquired from a physician licensed by the Oregon Medical Board or the Oregon Board of Naturopathic Medicine, a physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or a 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) in accordance with rules adopted by the Oregon Health Authority. [Amended by 1973 c.259 §5; 1979 c.731 §5; 2001 c.104 §155; 2009 c.43 §3; 2009 c.595 §628; 2014 c.45 §52]

Source: Section 433.010 — Spreading disease prohibited; health certificates to be issued by health professionals; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 447.040 — OR Code / Title 36 / Chapter 447 / Section 447.040
447.040 Plumbing contractor license
Status: in_force

(1) A person may not work as a plumbing contractor, or advertise or purport to be a plumbing contractor, and a member or employee of a firm, partnership or corporation may not engage in the layout or superintending of plumbing installations, without having obtained the plumbing contractor license required under ORS 447.010 (Definitions for ORS 447.010 to 447.156 and 447.992) to 447.156 (Sale of uncertified plumbing products prohibited) as provided by State Plumbing Board rules adopted under ORS 455.117 (Adoption of rules governing licensing, certification or registration) .

(2) A plumbing contractor license does not authorize the contractor to work as a journeyman plumber. [Amended by 1955 c.548 §6; 1973 c.835 §224; 2005 c.758 §11]

Source: Section 447.040 — Plumbing contractor license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors447.­html (accessed May 26, 2025).
ORS § 442.705 — OR Code / Title 36 / Chapter 442 / Section 442.705
442.705 Legislative findings
Status: in_force

(1) The Legislative Assembly finds that direct competition among health care providers in the field of heart and kidney transplant services may not result in the most cost efficient and least expensive transplant services for the citizens of this state and that it is in the public interest to allow cooperative programs among health care providers providing heart and kidney transplant services.

(2) The Legislative Assembly declares that, to the extent provided in ORS 442.700 (Definitions for ORS 442.700 to 442.760) to 442.760 (Status to contest order) , it is the policy and intent of this state to displace competition among health care providers providing heart and kidney transplant services by allowing health care providers to enter into cooperative programs governing the provision of heart and kidney transplant services in order to achieve in each instance the following goals:

(a) Reduction of, or protection against, rising costs of heart and kidney transplant services;

(b) Reduction of, or protection against, rising prices for heart and kidney transplant services;

(c) Improvement or maintenance of the quality of heart and kidney transplant services provided in this state;

(d) Reduction of, or protection against, duplication of resources including, without limitation, expensive medical specialists, medical equipment and sites of service;

(e) Improvement or maintenance of efficiency in the delivery of heart and kidney transplant services;

(f) Improvement or maintenance of public access to heart and kidney transplant services;

(g) Increase in donations of organs for transplantation; and

(h) Improvement in the continuity of patient care.

(3) The Legislative Assembly further declares that the goals identified in subsection (2) of this section represent the policies of this state.

(4) The Legislative Assembly further declares that once a cooperative program is approved under ORS 442.700 (Definitions for ORS 442.700 to 442.760) to 442.760 (Status to contest order) , there is an interest in insuring stability in the provision of health care services by a cooperative program, to the extent stability is consistent with achieving the goals identified in subsection (2) of this section.

(5) The Director of the Oregon Health Authority shall actively supervise the cooperative program in accordance with authority under ORS 442.700 (Definitions for ORS 442.700 to 442.760) to 442.760 (Status to contest order) and 646.740 (Permitted activities) . [1993 c.769 §1; 2009 c.595 §756]

Source: Section 442.705 — Legislative findings; goals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 448.157 — OR Code / Title 36 / Chapter 448 / Section 448.157
448.157 Harmful algal blooms
Status: in_force

(1) The Legislative Assembly finds and declares harmful algal blooms to be a threat to safe drinking water supplies and a menace to public health and welfare.

(2) The Oregon Health Authority, in coordination with the Department of Environmental Quality as further provided for in ORS 468B.600 (Harmful algal bloom monitoring and response strategy) , shall:

(a) Determine and identify drinking water sources that are susceptible to harmful algal blooms or that are downstream of or influenced by water bodies that are susceptible to harmful algal blooms.

(b) Develop a system for the regular monitoring and testing of drinking water sources determined to be susceptible to harmful algal blooms or that are downstream of or influenced by water bodies that are susceptible to harmful algal blooms.

(c) Prioritize monitoring of water bodies that are susceptible to harmful algal blooms and that are:

(A) Sources of domestic or municipal drinking water; or

(B) Bodies of water accessed by the public for recreational use.

(d) Develop a protocol for issuing hazard advisory alerts to the public in the occurrence of a harmful algal bloom. [2023 c.442 §83]

Source: Section 448.157 — Harmful algal blooms; legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html (accessed May 26, 2025).
ORS § 443.340 — OR Code / Title 36 / Chapter 443 / Section 443.340
443.340 Rules
Status: in_force

The Oregon Health Authority shall adopt administrative rules necessary for the implementation and administration of ORS 443.305 (Definitions for ORS 443.305 to 443.350) to 443.350 (Applicability) . These rules shall include, but are not limited to, a requirement that an in-home care agency must conduct criminal background checks on all individuals employed by or contracting with the agency as in-home caregivers. [1999 c.1034 §4; 2001 c.900 §182; 2009 c.595 §776d]

Note: See note under 443.305 (Definitions for ORS 443.305 to 443.350) .

Source: Section 443.340 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 442.856 — OR Code / Title 36 / Chapter 442 / Section 442.856
442.856 Health Care Acquired Infection Advisory Committee established
Status: in_force

(1) There is established the Health Care Acquired Infection Advisory Committee to advise the Director of the Oregon Health Authority regarding the Oregon Health Care Acquired Infection Reporting Program. The advisory committee shall consist of 16 members appointed by the director as follows:

(a) Seven of the members shall be health care providers or their designees, including:

(A) A hospital administrator who has expertise in infection control and who represents a hospital that contains fewer than 100 beds;

(B) A hospital administrator who has expertise in infection control and who represents a hospital that contains 100 or more beds;

(C) A long term care administrator;

(D) A hospital quality director;

(E) A physician with expertise in infectious disease;

(F) A registered nurse with interest and involvement in infection control; and

(G) A physician who practices in an ambulatory surgical center and who has interest and involvement in infection control.

(b) Nine of the members shall be individuals who do not represent health care providers, including:

(A) A consumer representative;

(B) A labor representative;

(C) An academic researcher;

(D) A health care purchasing representative;

(E) A representative of the Department of Human Services;

(F) A representative of the business community;

(G) A representative of the Oregon Patient Safety Commission who does not represent a health care provider on the commission;

(H) A health insurer representative; and

(I) The State Health Officer or the State Health Officer’s designee.

(2) The Director of the Oregon Health Authority and the advisory committee shall evaluate on a regular basis the quality and accuracy of the data collected and reported by health care facilities under ORS 442.855 (Oregon Health Care Acquired Infection Reporting Program established) and the methodologies of the Oregon Health Authority for data collection, analysis and public disclosure.

(3) Members of the advisory committee are not entitled to compensation and shall serve as volunteers on the advisory committee.

(4) Each member of the advisory committee shall serve a term of two years.

(5) The advisory committee shall make recommendations to the director regarding:

(a) The health care acquired infection measures that health care facilities must report, which may include but are not limited to:

(A) Surgical site infections;

(B) Central line related bloodstream infections;

(C) Urinary tract infections; and

(D) Health care facility process measures designed to ensure quality and to reduce health care acquired infections;

(b) Methods for evaluating and quantifying health care acquired infection measures that align with other data collection and reporting methodologies of health care facilities and that support participation in other quality interventions;

(c) Requiring different reportable health care acquired infection measures for differently situated health care facilities as appropriate;

(d) A method to ensure that infections present upon admission to the health care facility are excluded from the rates of health care acquired infection disclosed to the public for the health care facility under ORS 442.855 (Oregon Health Care Acquired Infection Reporting Program established) ;

(e) Establishing a process for evaluating the health care acquired infection measures reported under ORS 442.855 (Oregon Health Care Acquired Infection Reporting Program established) and for modifying the reporting requirements over time as appropriate; and

(f) Procedures to protect the confidentiality of patients, health care professionals and health care facility employees. [2007 c.838 §4; 2009 c.595 §1158; 2013 c.61 §7; 2017 c.101 §47a]

Note: See note under 442.853 (Legislative findings) .

Source: Section 442.856 — Health Care Acquired Infection Advisory Committee established , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 431a.125 — OR Code / Title 36 / Chapter 431a / Section 431a.125
431A.125 Oregon Health Authority powers
Status: in_force

(1) Subject to available funding, including gifts, grants or donations, the Oregon Health Authority shall establish and administer a statewide injury and violence prevention program. In administering the program, the authority may:

(a) Collect and analyze data on injury and violence, including but not limited to data from death certificates, emergency department records, hospitalization records, medical examiner and coroner records and police reports and surveys;

(b) Develop and revise, as necessary, a comprehensive state plan for injury and violence prevention;

(c) Provide technical support and training to communities, local health departments, state and local agencies, organizations and individuals;

(d) Prepare an annual report on injury and violence in Oregon;

(e) Conduct special studies of, collect data on and monitor and evaluate activities related to the risk factors, protective factors, causes and prevention of morbidity and mortality resulting from injury that occurs as a result of unintentional or undetermined causes, nonfatal self-harming behavior, suicide, assault or homicide;

(f) Work with researchers to enhance knowledge about reducing injury and violence in Oregon;

(g) Develop collaborative relationships with other state agencies and private and community organizations for the purpose of establishing programs that promote injury and violence prevention;

(h) Provide information to assist in the development of institutional and public policies that will reduce injury and violence;

(i) Collaborate with local public health authorities, persons providing emergency medical services, hospitals, law enforcement agencies, research institutions and other organizations to conduct studies of, collect data on and monitor and evaluate activities related to the causes and prevention of injury and violence;

(j) Publish compilations of data and reports about injury and violence, provided that the data and reports do not identify individual cases or sources of information; and

(k) Adopt rules as necessary to carry out this section.

(2) Notwithstanding subsection (1) of this section, the authority may not require a hospital, as defined in ORS 442.015 (Definitions) , to report data to the authority under this section unless the authority is otherwise authorized to require the hospital to report the data to the authority under other state or federal law.

(3) Intentionally left blank —Ed.

(a) Except as provided in paragraph (c) of this subsection, all data collected pursuant to this section is:

(A) Confidential and not subject to public disclosure law under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) ; and

(B) Privileged.

(b) Except as required by the administration or enforcement of the public health laws of this state or rules adopted under the public health laws of this state, a public health official, employee or agent may not be examined in an administrative or judicial proceeding as to the existence or content of data collected pursuant this section.

(c) The authority shall adopt rules under which confidential data collected pursuant to this section may be requested by a third party for the purpose of conducting research and studies for the public good. Research and studies conducted using confidential data collected pursuant to this section must be reviewed and approved by a committee established for the protection of human research subjects pursuant to 45 C.F.R. 46.

(4) A person who furnishes information to the authority for a purpose described in this section is not civilly or criminally liable for any loss, damage or injury arising out of the furnishing of that information to the authority.

(5) The authority may accept gifts, grants or donations from any public or private source for the purpose of carrying out this section. Funds received under this subsection shall be deposited in the Oregon Health Authority Fund established under ORS 413.101 (Oregon Health Authority Fund) and are continuously appropriated to the authority for the purposes of carrying out this section. [Formerly 431.678]

Source: Section 431A.125 — Oregon Health Authority powers; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).
ORS § 453.352 — OR Code / Title 36 / Chapter 453 / Section 453.352
453.352 Exemption from reporting requirements
Status: in_force

The State Fire Marshal may exempt by rule certain hazardous substances from all or part of the reporting requirements of ORS 453.317 (Hazardous substance survey) and 453.342 (When incident of injury to be reported) . Such an exemption can be made only if the State Fire Marshal finds that the location, quantity, concentration or type of hazardous substance or substances is not likely to endanger the public health, welfare or safety or the environment. [1985 c.726 §12]

Source: Section 453.352 — Exemption from reporting requirements; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 441.336 — OR Code / Title 36 / Chapter 441 / Section 441.336
441.336 Accounting by temporary manager
Status: in_force

(1) Within 30 days following the appointment of a temporary manager under ORS 441.333 (Appointment of temporary manager) , and every 30 days thereafter and within 30 days after the termination of the period of temporary management, the temporary manager shall give the Department of Human Services and the licensee a complete accounting of all property that the temporary manager has taken possession, all funds collected and all expenses incurred by the temporary manager on behalf of the facility and the expenditure of any funds withdrawn from the Facility Fund established under ORS 441.303 (Establishment of Facility Fund) to pay those expenses.

(2) If a facility’s income or assets are insufficient to meet the expenses of a temporary manager in the operation of the facility, the department may withdraw funds from the Facility Fund established under ORS 441.303 (Establishment of Facility Fund) to pay those expenses.

(3) If the department withdraws funds from the Facility Fund established under ORS 441.303 (Establishment of Facility Fund) to pay the expenses of the temporary manager and compensation of any employees or agents of the temporary manager pursuant to ORS 441.333 (Appointment of temporary manager) , the licensee shall be liable to the department for the deficiency.

(4) The department shall provide an opportunity to contest the deficiency in accordance with ORS chapter 183. The department shall serve a notice of deficiency upon the licensee in accordance with ORS 183.415 (Notice of right to hearing) (2). The notice shall conform to ORS 183.415 (Notice of right to hearing) and shall explain:

(a) The amount of the deficiency; and

(b) That the department may have a lien for the amount of the deficiency upon any real property and other beneficial interest, direct or indirect, of the licensee, upon any fixtures, equipment or goods used in the operation of the facility and upon the proceeds of any conveyance of such property or interest by the licensee within the 12 months prior to the appointment of the temporary manager.

(5) The department shall have a lien for any deficiency established under subsection (4) of this section upon any real property and other beneficial interest, direct or indirect, of the licensee, upon any fixtures, equipment or goods used in the operation of the facility and upon the proceeds of any conveyance of such property or interest by the licensee in the 12 months prior to the appointment of the temporary manager.

(6) The department shall conduct any hearing under this section as a contested case hearing in accordance with ORS chapter 183 and the rules of the department. The department may serve the final order without serving a proposed order. The only issues to be decided in the hearing are:

(a) The amount of the deficiency; and

(b) Whether the expenses incurred by the temporary manager are reasonable.

(7) The lien authorized by subsection (5) of this section is prior to any lien or other interest that arises subsequent to the appointment of a temporary manager, except for a construction lien arising out of work begun before the appointment and continued with the express consent of the temporary manager.

(8) The lien provided in subsection (5) of this section may be recorded in the County Clerk Lien Record maintained under ORS 205.130 (Recording duties of county clerk) .

(9) Income received by the temporary manager on behalf of the facility and not applied to the operating expenses of the facility and any deficiency recovered by the department under this section shall be used to reimburse the Facility Fund established under ORS 441.303 (Establishment of Facility Fund) for any withdrawal of funds authorized by this section. [2009 c.539 §16]

Note: See note under 441.331 (Definition of “facility” for ORS 441.331 to 441.341) .

Source: Section 441.336 — Accounting by temporary manager; deficiencies; lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 441.545 — OR Code / Title 36 / Chapter 441 / Section 441.545
441.545 Authority may not levy taxes
Status: in_force

An authority shall not have the right or power to levy taxes or to operate a hospital facility. [1973 c.153 §5]

Source: Section 441.545 — Authority may not levy taxes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 441.181 — OR Code / Title 36 / Chapter 441 / Section 441.181
441.181 Retaliation prohibited
Status: in_force

(1) A hospital may not take retaliatory action against a nursing staff because the nursing staff:

(a) Discloses or intends to disclose to a manager, a private accreditation organization or a public body an activity, policy or practice of the hospital or of a hospital that the nursing staff reasonably believes is in violation of law or a rule or is a violation of professional standards of practice that the nursing staff reasonably believes poses a risk to the health, safety or welfare of a patient or the public;

(b) Provides information to or testifies before a private accreditation organization or a public body conducting an investigation, hearing or inquiry into an alleged violation of law or rule or into an activity, policy or practice that may be in violation of professional standards of practice by a hospital that the nursing staff reasonably believes poses a risk to the health, safety or welfare of a patient or the public;

(c) Objects to or refuses to participate in any activity, policy or practice of a hospital that the nursing staff reasonably believes is in violation of law or rule or is a violation of professional standards of practice that the nursing staff reasonably believes poses a risk to the health, safety or welfare of a patient or the public; or

(d) Participates in a committee or peer review process or files a report or a complaint that discusses allegations of unsafe, dangerous or potentially dangerous care.

(2) Except as provided in subsection (3) of this section, the protection against retaliatory action in subsection (1) of this section does not apply to a nursing staff, unless the nursing staff, before making a disclosure to a private accreditation organization or a public body as described in subsection (1)(a) of this section:

(a) Gives written notice to a manager of the hospital of the activity, policy, practice or violation of professional standards of practice that the nursing staff reasonably believes poses a risk to public health; and

(b) Provides the manager a reasonable opportunity to correct the activity, policy, practice or violation.

(3) A nursing staff is not required to comply with the provisions of subsection (2) of this section if the nursing staff:

(a) Is reasonably certain that the activity, policy, practice or violation is known to one or more managers of the hospital or an affiliated hospital and an emergency situation exists;

(b) Reasonably fears physical harm as a result of the disclosure; or

(c) Makes the disclosure to a private accreditation organization or a public body for the purpose of providing evidence of an activity, policy, practice or violation of a hospital or an affiliated hospital that the nursing staff reasonably believes is a crime. [Formerly 441.174]

Note: See note under 441.179 (Definitions for ORS 441.179 to 441.186) .

Source: Section 441.181 — Retaliation prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 432.385 — OR Code / Title 36 / Chapter 432 / Section 432.385
432.385 Registering, amending or correcting record through fraud
Status: in_force

(1) Intentionally left blank —Ed.

(a) When the State Registrar of the Center for Health Statistics receives information that a record may have been registered, amended or corrected through fraud or misrepresentation, the state registrar may withhold issuance of certified copies related to that record pending an inquiry by appropriate authorities to determine whether fraud or misrepresentation has occurred.

(b) If the appropriate authorities conclude that no fraud or misrepresentation occurred, then the state registrar shall issue certified copies related to the record. If the appropriate authorities conclude that there is reasonable cause to suspect fraud or misrepresentation, then the state registrar shall provide copies of the record and any relevant evidence to the appropriate authorities for further investigation.

(c) If upon further investigation, the appropriate authorities conclude that fraud or misrepresentation occurred, the state registrar shall provide an opportunity to the registrant or the legal representative of the registrant to respond to the findings prior to voiding the record.

(d) If the state registrar issues an order voiding a record under this subsection, the state registrar shall advise the registrant of the registrant’s rights under ORS 183.484 (Jurisdiction for review of orders other than contested cases) .

(e) A record voided under this subsection shall be retained by the state registrar. However, a record voided under this subsection is not subject to inspection or copying except upon receiving an order from a court of competent jurisdiction or by the state registrar for purposes of administering the system of vital statistics.

(2) Intentionally left blank —Ed.

(a) When the state registrar receives information that an application for a certified copy may have been submitted for purposes of fraud or misrepresentation, the state registrar may withhold issuance of the certified copy pending an inquiry by appropriate authorities to determine whether fraud or misrepresentation occurred.

(b) If the appropriate authorities conclude that no fraud or misrepresentation occurred, then the state registrar shall issue the certified copy. If the appropriate authorities conclude that there is reasonable cause to suspect fraud or misrepresentation, then the state registrar shall provide copies of the application and any relevant evidence to the appropriate authorities for further investigation. The state registrar shall advise the applicant of the applicant’s rights under ORS 183.484 (Jurisdiction for review of orders other than contested cases) .

(c) An application investigated under this subsection shall be retained by the state registrar. However, an application investigated under this subsection is not subject to inspection or copying except upon receiving an order from a court of competent jurisdiction or by the state registrar for purposes of administering the system of vital statistics.

(3) The state registrar shall periodically test and audit the system of vital statistics for purposes of detecting fraud. If fraud is detected, the state registrar shall provide copies of the evidence to the appropriate authorities for further investigation. The result of such tests and audits shall be retained by the state registrar. However, the results of such tests and audits are not subject to inspection or copying except upon receiving an order from a court of competent jurisdiction or by the state registrar for purposes of administering the system of vital statistics. [2013 c.366 §38]

Source: Section 432.385 — Registering, amending or correcting record through fraud; fraudulent use of record , https://www.­oregonlegislature.­gov/bills_laws/ors/ors432.­html (accessed May 26, 2025).
ORS § 448.175 — OR Code / Title 36 / Chapter 448 / Section 448.175
448.175 Power of Oregon Health Authority to order compliance
Status: in_force

Subject to ORS chapter 183, the Oregon Health Authority:

(1) Shall require that the water suppliers give public notice of violations in the water system.

(2) May refuse to allow expansion of or additional connections to a water system until the water system meets water quality standards and requirements.

(3) May enter an order requiring a water supplier to acquire or construct a water system that provides water that meets the authority’s standards. When the order requires a city to acquire a water system, the system must have the majority of its facilities within the city’s adopted urban growth boundary. When the order is entered upon a city, the procedure described in ORS 454.235 (Election) to 454.255 (Plans and cost estimates) shall be followed.

(4) May enter an order requiring a water supplier that fails to comply with the schedule prescribed under ORS 448.140 (Permit for operation of water system) to cease operation of the water system. [1981 c.749 §17; 2009 c.595 §850]

Source: Section 448.175 — Power of Oregon Health Authority to order compliance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html (accessed May 26, 2025).
ORS § 432.020 — OR Code / Title 36 / Chapter 432 / Section 432.020
432.020 State registrar
Status: in_force

The Director of the Oregon Health Authority shall appoint the State Registrar of the Center for Health Statistics who shall qualify in accordance with standards of education and experience as the director shall determine. [Amended by 1973 c.829 §34; 1983 c.709 §26; 2009 c.595 §607]

Source: Section 432.020 — State registrar; appointment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors432.­html (accessed May 26, 2025).
ORS § 431.720 — OR Code / Title 36 / Chapter 431 / Section 431.720
431.720 Commission to review certain plans
Status: in_force

(1) Upon receipt of the documents submitted under ORS 431.715 (Resolution requesting Oregon Health Authority to initiate formation or annexation) (4), the Environmental Quality Commission shall review them to determine whether the conditions dangerous to public health within the affected territory could be removed or alleviated by the provision of service facilities that are subject to the jurisdiction of the commission.

(2) If the commission considers such proposed facilities and the time schedule for installation of such facilities adequate to remove or alleviate the dangerous conditions, it shall approve the part of the plans that are subject to its jurisdiction and certify its approval to the Oregon Health Authority.

(3) If the commission considers the proposed facilities or time schedule inadequate, it shall disapprove the part of the plans that are subject to its jurisdiction and certify its disapproval to the authority. The commission shall also inform the requesting body of its approval or disapproval and, in case of disapproval, of the particular matters causing the disapproval. The requesting body may then submit additional or revised plans. [1973 c.361 §4; 2009 c.595 §579]

Source: Section 431.720 — Commission to review certain plans; approval of plans , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431.­html (accessed May 26, 2025).
ORS § 431a.353 — OR Code / Title 36 / Chapter 431a / Section 431a.353
431A.353 Definitions
Status: in_force

As used in ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) and 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited) :

(1) “Certified” and “certification” means an action by the Oregon Health Authority verifying the successful completion of a training program accredited by the authority and any other requirements.

(2) “Firm” has the meaning given that term in 40 C.F.R. 745.83 and as further defined pursuant to the authorities described in ORS 431A.350 (Lead poisoning) .

(3) “Lead-based paint” has the meaning given that term in P.L. 102-550, section 1004, and as further defined pursuant to the authorities described in ORS 431A.350 (Lead poisoning) .

(4) “Lead-based paint activities” has the meaning given that term in 40 C.F.R. 745.223 and as further defined pursuant to the authorities described in ORS 431A.350 (Lead poisoning) .

(5) “Renovation” has the meaning given that term in 40 C.F.R. 745.83 and as further defined pursuant to the authorities described in ORS 431A.350 (Lead poisoning) . [Formerly 431.918]

Source: Section 431A.353 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).
ORS § 450.009 — OR Code / Title 36 / Chapter 450 / Section 450.009
450.009 Formation purposes
Status: in_force

Sanitary districts may be formed for the purpose of providing sanitation facilities and services. In addition to the other matters, a petition for formation of a sanitary district shall state the number of members, three or five, on the district board. [1955 c.442 §2 (enacted in lieu of 450.010); 1969 c.563 §2; 1971 c.727 §119; 1975 c.647 §36]

Source: Section 450.009 — Formation purposes; petition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 450.800 — OR Code / Title 36 / Chapter 450 / Section 450.800
450.800 Regular and special elections
Status: in_force

(1) The board may call special elections in the authority to be held on a date specified in ORS 255.345 (Special election dates) .

(2) Except as provided in ORS 450.795 (Nomination and election of first board members) , the term of a board member is four years.

(3) The board shall fill any vacancy on the board as provided in ORS 198.320 (Filling of vacancies on governing bodies of certain districts) .

(4) The board may submit to the electors of the district at the regular election any measure which may properly be submitted to the electors. [1955 c.614 §20; 1969 c.669 §10; 1971 c.647 §98; 1973 c.796 §65; 1975 c.647 §39; 1983 c.83 §91; 1983 c.350 §272]

Source: Section 450.800 — Regular and special elections; terms of members; vacancies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 444.150 — OR Code / Title 36 / Chapter 444 / Section 444.150
444.150 Physician not compensated for treatment
Status: in_force

No compensation shall be charged by or allowed to the physician or surgeon who treats a patient committed under ORS 444.120 (Hearing) .

Source: Section 444.150 — Physician not compensated for treatment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors444.­html (accessed May 26, 2025).
ORS § 453.861 — OR Code / Title 36 / Chapter 453 / Section 453.861
453.861 Applicability
Status: in_force

The provisions 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) apply to 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. Nothing in ORS 105.555 (Places declared nuisances subject to abatement) , 431.175 (Warrant procedure) and 453.855 (Purpose) to 453.912 (Governmental immunity from liability) applies to property to the extent that the devices, equipment, things or substances that are used for delivery, manufacture or possession of a controlled substance are kept, stored or located in or on the property for the purpose of lawful sale or use of these items. [1989 c.915 §3; 1999 c.861 §4]

Source: Section 453.861 — Applicability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 441.357 — OR Code / Title 36 / Chapter 441 / Section 441.357
441.357 Definitions for ORS 441.357 to 441.367
Status: in_force

As used in ORS 441.357 (Definitions for ORS 441.357 to 441.367) to 441.367 (Facility required to give notice of base rate and policy on nonpayment) :

(1) “Informed written consent” means voluntary consent in writing given after receipt and understanding of a written statement of a resident’s rights under ORS 441.362 (Notice by Department of Human Services prior to move or termination) (1) to (5).

(2) “Long term care facility” means any long term care facility as defined in ORS 442.015 (Definitions) .

(3) “Move from a long term care facility” means any move, relocation, discharge or transfer out of a long term care facility which terminates residence at the long term care facility.

(4) “Resident” means an individual receiving care in a long term care facility. [1983 c.269 §1; 1985 c.747 §51]

Source: Section 441.357 — Definitions for ORS 441.357 to 441.367 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 431a.650 — OR Code / Title 36 / Chapter 431a / Section 431a.650
431A.650 Alzheimer’s Disease Research Fund
Status: in_force

(1) There is established as a separate and distinct fund in the State Treasury an Alzheimer’s Disease Research Fund. The Alzheimer’s Disease Research Fund shall consist of:

(a) An amount credited to the fund pursuant to ORS 305.690 (Definitions for ORS 305.690 to 305.753) to 305.753 (State Treasurer may solicit donations to eligible entities) , which shall be transferred by the Department of Revenue to the fund.

(b) Gifts, grants and donations, in money or otherwise, for use as described in subsection (2) of this section, which the State Treasurer may solicit and accept from private and public sources and shall cause to be deposited and credited to the Alzheimer’s Disease Research Fund.

(c) Interest or other earnings on the amounts described in paragraphs (a) and (b) of this subsection which shall inure to the benefit of the Alzheimer’s Disease Research Fund.

(2) Moneys contained in the Alzheimer’s Disease Research Fund are continuously appropriated for the purpose of grants to the Alzheimer’s Disease Center of Oregon, a cooperative venture between Oregon Health and Science University, Good Samaritan Hospital and Medical Center, the United States Department of Veterans Affairs and the Alzheimer’s Disease and Related Disorders Association to carry out research on Alzheimer’s disease and related disorders. [Formerly 431.855]

Source: Section 431A.650 — Alzheimer’s Disease Research Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).
ORS § 454.695 — OR Code / Title 36 / Chapter 454 / Section 454.695
454.695 License required to perform sewage disposal services
Status: in_force

(1) No person shall perform sewage disposal services or advertise or purport to be in the business of performing such services without first obtaining a license from the Department of Environmental Quality.

(2) Application for a license required by subsection (1) of this section shall be made in writing in a form prescribed by the department and shall include the following information:

(a) The name and address of the applicant and of the person responsible for supervising the services;

(b) The location of the business of the applicant and the name under which the business is conducted; and

(c) Such other information as the department considers necessary to determine the eligibility of the applicant for the license.

(3) Application for a license required under subsection (1) of this section must be accompanied by the license fees prescribed in ORS 454.745 (Permit, service, report, variance and license fees) and by the bond described in ORS 454.705 (Bond) .

(4) The Environmental Quality Commission shall establish by rule the term of a license issued under this section and a method for determining the expiration date for a license issued under this section. The commission may provide for staggered expiration dates for licenses issued under this section.

(5) The commission may adopt rules prescribing the qualifications, training and education requirements of sewage disposal service license holders and workers and the registration of sewage disposal service workers. [1973 c.835 §217; 1977 c.828 §2; 1983 c.616 §3; 1991 c.598 §4; 1999 c.551 §10]

Source: Section 454.695 — License required to perform sewage disposal services; application; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors454.­html (accessed May 26, 2025).
ORS § 453.394 — OR Code / Title 36 / Chapter 453 / Section 453.394
453.394 Oil and Hazardous Material Transportation by Rail Action Fund
Status: in_force

(1) The Oil and Hazardous Material Transportation by Rail Action Fund is established in the State Treasury, separate and distinct from the General Fund. The Oil and Hazardous Material Transportation by Rail Action Fund shall consist of all moneys placed in the fund as provided by law and any gifts, grants, donations, endowments or bequests from any public or private source. Interest earned by the fund shall be credited to the fund.

(2) All moneys in the fund are continuously appropriated to the Department of the State Fire Marshal only for the payment of costs associated with the development and effective implementation of the plan adopted under ORS 453.392 (Spills or releases during transportation by rail) for the coordinated response to oil or hazardous material spills or releases that occur during rail transport. [2015 c.739 §4; 2021 c.539 §116]

Note: 453.394 (Oil and Hazardous Material Transportation by Rail Action Fund) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 453 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 453.394 — Oil and Hazardous Material Transportation by Rail Action Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 442.750 — OR Code / Title 36 / Chapter 442 / Section 442.750
442.750 Status of actions under cooperative program
Status: in_force

(1) Notwithstanding the provisions of ORS 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.836 (Confidential status of investigative material) :

(a) A cooperative program for which approval has been granted under ORS 442.700 (Definitions for ORS 442.700 to 442.760) to 442.760 (Status to contest order) and 646.740 (Permitted activities) is a lawful program to the extent it engages in activities permitted by the order and supervised by the Director of the Oregon Health Authority and is in compliance with the order; and

(b) If the parties to a cooperative program apply to the director as provided in ORS 442.710 (Application for approval of cooperative program) , the conduct of the parties and all other participants in negotiating or entering into a cooperative program is lawful conduct.

(2) Subsection (1)(b) of this section does not apply to persons negotiating a cooperative program if it can be demonstrated, by a preponderance of the evidence, that the persons do not or did not intend to enter into a cooperative agreement.

(3) Nothing in ORS 442.700 (Definitions for ORS 442.700 to 442.760) to 442.760 (Status to contest order) and 646.740 (Permitted activities) shall be construed to immunize any person from liability or impose liability where none would otherwise exist under federal or state antitrust laws for conduct in negotiating and entering into a cooperative program for which no application was filed with the director. [1993 c.769 §11; 2009 c.595 §764]

Source: Section 442.750 — Status of actions under cooperative program; effect on other liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 441.281 — OR Code / Title 36 / Chapter 441 / Section 441.281
441.281 Petition for appointment of trustee
Status: in_force

(1) The Director of Human Services may petition the circuit court for Marion County or for the county in which a facility is located for an order appointing a trustee to administer the facility for a period not to exceed 18 months.

(2) The court shall hold a hearing on a petition filed under this section within 10 days of the filing of the petition. The petition shall be placed at the head of the docket.

(3) The petition and notice of the hearing shall be served on the licensee for the facility. Service at the facility to the individual in charge shall be considered service on the licensee.

(4) If the court determines at the hearing that grounds exist under ORS 441.286 (Grounds for appointment of trustee) for the appointment of a trustee under this section, the court shall enter the order.

(5) If there exists a serious and immediate risk of harm or death to patients of a facility, the director may file with the petition described in subsection (1) of this section an ex parte motion for the preliminary appointment of a trustee. The motion shall be supported by affidavits demonstrating the qualifications of the proposed trustee and the need for an immediate appointment of a trustee to protect the patients prior to a hearing. If the court grants the motion for the preliminary appointment of a trustee, the court shall set a hearing on the merits of the petition within five judicial days. Pending the court’s order on the petition described in subsection (1) of this section, a preliminary trustee appointed pursuant to this subsection shall have all of the powers and duties described in ORS 441.289 (Powers and duties of trustee) . [1981 c.868 §2; 1985 c.648 §1; 1987 c.428 §18; 2009 c.539 §1]

Source: Section 441.281 — Petition for appointment of trustee; hearing; order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 453.410 — OR Code / Title 36 / Chapter 453 / Section 453.410
453.410 Application of ORS chapters 305 and 314
Status: in_force

The provisions of ORS chapters 305 and 314 as to liens, delinquencies, claims for refund, issuance of refunds, conferences, appeals to the Oregon Tax Court, stay of collection pending appeal, cancellation, waiver, reduction or compromise of fees, penalties or interest, subpoenaing and examining witnesses and books and papers, and the issuance of warrants and the procedures relating thereto, shall apply to the collection of fees, penalties and interest by the Department of Revenue under ORS 453.396 (Definitions for ORS 453.396 to 453.414) to 453.414 (Exemption for local government) , except where the context requires otherwise. [1989 c.833 §128; 1995 c.650 §54]

Source: Section 453.410 — Application of ORS chapters 305 and 314 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 433.448 — OR Code / Title 36 / Chapter 433 / Section 433.448
433.448 Use of immunization registry and tracking and recall system during state of public health emergency
Status: in_force

(1) Intentionally left blank —Ed.

(a) During a state of public health emergency declared under ORS 433.441 (Declaration of public health emergency) or during a state of emergency declared under ORS 401.165 (Declaration of state of emergency) that is related to a state of public health emergency that has not expired, the immunization registry and tracking and recall system established under ORS 433.094 (Development of immunization registry and tracking and recall system) may be used as a vaccination management and tracking system for the purpose of preventing the spread of diseases that can be prevented by vaccination or for tracking the mass administration of antibiotic prophylaxis.

(b) When being used as authorized by this section, an immunization registry may include persons of any age, and vaccination records may be shared with authorized users of the registry for purposes related to the declared state of public health emergency without obtaining the prior authorization of the clients of the registry.

(2) As used in this section, “client” and “immunization registry” have the meaning given those terms in ORS 433.090 (Definitions for ORS 433.090 to 433.102) . [2003 c.555 §5; 2007 c.445 §26; 2021 c.539 §85]

Source: Section 433.448 — Use of immunization registry and tracking and recall system during state of public health emergency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 453.520 — OR Code / Title 36 / Chapter 453 / Section 453.520
453.520 Department of the State Fire Marshal as state emergency response commission
Status: in_force

(1) The Governor shall designate the Department of the State Fire Marshal as the state emergency response commission as required by the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.).

(2) The department shall:

(a) Provide, in a timely manner, advice to a state agency that is required to consult with the department about programs that involve hazardous materials or hazardous substances; and

(b) Undertake all duties of a state emergency response commission required by the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.) including but not limited to:

(A) Designating emergency planning districts;

(B) Establishing local emergency planning committees within emergency planning districts and appointing members to the local emergency planning committees; and

(C) Providing comments on local emergency plans. [1987 c.597 §1; 2005 c.825 §14; 2007 c.71 §139; 2021 c.539 §117]

Source: Section 453.520 — Department of the State Fire Marshal as state emergency response commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 448.315 — OR Code / Title 36 / Chapter 448 / Section 448.315
448.315 Special police to enforce ORS 448.295
Status: in_force

The mayor or authorities having control of the community water supply system supplying the city may appoint special police officers who:

(1) After taking oath, shall have the powers of constables.

(2) May arrest with or without warrant any person committing, within the territory described in ORS 448.295 (Jurisdiction of cities over property used for system or sources) , for:

(a) Any offense against the purity of the domestic water supply source or the community water supply system under state law or an ordinance of such city; or

(b) Any violation of any rule of the Oregon Health Authority or the authorities having control of the city water system for the protection of the purity of the domestic water supply source or the community water supply system.

(3) May take any person arrested for any violation under this section before any court having jurisdiction thereof to be proceeded with according to law.

(4) When on duty, shall wear in plain view a badge or shield bearing the words “Special Police” and the name of the city for which appointed. [Formerly 449.315; 1991 c.67 §124; 2003 c.14 §271; 2009 c.595 §863]

Source: Section 448.315 — Special police to enforce ORS 448.295 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html (accessed May 26, 2025).
ORS § 446.591 — OR Code / Title 36 / Chapter 446 / Section 446.591
446.591 Exception to requirement for submitting information
Status: in_force

An ownership application, information described in ORS 446.736 (Transfer of interest by dealer) or an ownership document or other document evidencing ownership and any release thereon under ORS 446.571 (Ownership document application) , 446.616 (Transfer of interest in manufactured structure) or 446.641 (Sale of manufactured structure having ownership document or that is exempt structure) does not need to be submitted to the Department of Consumer and Business Services as a condition for the department recording an ownership interest in a manufactured structure if all of the following conditions are met:

(1) The transaction involves the sale of a manufactured structure or the creation or transfer of a security interest in a manufactured structure and is processed by an escrow agent licensed in this state.

(2) Debt secured by a security interest in the manufactured structure has been or will be paid in full by the escrow agent as part of the agent’s processing of the transaction.

(3) The escrow agent sends the written notice, in the form described in ORS 446.596 (Notice provided by escrow agent) , at least 30 days prior to the application for issuance of a replacement or original ownership document or for changes to an ownership document.

(4) The escrow agent mails a notice described in ORS 446.596 (Notice provided by escrow agent) to the holder or other person that is responsible for furnishing the application information, ownership document, other document evidencing ownership, or release of interest, and mails a copy of the notice to any person who has perfected a security interest under ORS chapter 79 in the inventory of a dealer selling the structure.

(5) The escrow agent provides the Department of Consumer and Business Services with an application as provided by department rule for an ownership document. The application must be signed by the transferee, if any, and contain any information required by the department, including but not limited to the following information:

(a) A description of the manufactured structure, including the identification number as described by department rule.

(b) The name of the transferee, if any.

(c) A recital that the escrow agent did not receive the requested documents and did not receive a written objection from the holder or other person. [2003 c.655 §14]

Note: See note under 446.561 (Definitions for ORS 446.566 to 446.646) .

Source: Section 446.591 — Exception to requirement for submitting information; application by escrow agent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors446.­html (accessed May 26, 2025).
ORS § 450.830 — OR Code / Title 36 / Chapter 450 / Section 450.830
450.830 Authority may construct and operate sewage disposal and drainage systems
Status: in_force

The sanitary authority may construct, maintain or operate sewage disposal and drainage systems, including sewage treatment plants, trunk and lateral sewers and drains, or any combination thereof, for any area within the authority. Portions of such systems may be constructed outside the authority where necessary or expedient. The authority may furnish sewage disposal service to areas outside the authority on a contract basis. [1955 c.614 §29]

Source: Section 450.830 — Authority may construct and operate sewage disposal and drainage systems; operation beyond authority boundaries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 433.312 — OR Code / Title 36 / Chapter 433 / Section 433.312
433.312 Determining dosage
Status: in_force

(1) The Oregon Health Authority, in consultation with the Oregon Pediatric Society, shall establish by rule the appropriate dosage of vitamin K to be administered pursuant to ORS 433.306 (Duty to administer vitamin) and the most effective procedures for administering vitamin K.

(2) The authority, in cooperation with the licensing boards established in ORS chapters 677, 684 and 685, shall notify the licensing boards’ licensees of rules established under this section. The authority also shall notify any association of midwives. [1983 c.585 §3; 2009 c.595 §658; 2017 c.162 §2]

Source: Section 433.312 — Determining dosage; rules; notice to practitioners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 446.250 — OR Code / Title 36 / Chapter 446 / Section 446.250
446.250 Duties of director
Status: in_force

The Director of the Department of Consumer and Business Services shall cause inspections to be made, approve plans and specifications, provide technical services and issue permits for alteration of manufactured dwellings, for installation of manufactured dwellings or accessory buildings or structures on a lot and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations. The director shall appoint or contract with municipalities that request such appointment or contract for inspection and issuance of permits for manufactured dwelling alterations, for installations of manufactured dwellings or accessory buildings or structures and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations, if the municipality employs as local inspectors qualified persons who have been certified by the director for inspection and issuance of permits for manufactured dwelling alterations, for installations of manufactured dwellings or accessory buildings or structures and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations under ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) , 446.111 (Regulation of structures in parks) , 446.155 (Sanitation and safety requirements) , 446.160 (Inspection) , 446.176 (Fees) , 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs) and 446.990 (Penalties) . Certification standards under this section shall relate to the inspections to be performed and shall not be more stringent for municipal inspectors than those applying to state inspectors. [1975 c.546 §5; 1983 c.250 §2; 1989 c.648 §25; 1989 c.1017 §4; 1991 c.409 §5; 1995 c.251 §5; 1997 c.205 §3; 2019 c.422 §9]

Source: Section 446.250 — Duties of director; agreements with local governments; conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors446.­html (accessed May 26, 2025).
ORS § 441.403 — OR Code / Title 36 / Chapter 441 / Section 441.403
441.403 Office of Long Term Care Ombudsman
Status: in_force

(1) The office of the Long Term Care Ombudsman is established. The Long Term Care Ombudsman shall function separately and independently from any other state agency. The Governor shall appoint the Long Term Care Ombudsman for a four-year term from a list of three nominees nominated by the Residential Ombudsman and Public Guardianship Advisory Board established under ORS 441.416 (Residential Ombudsman and Public Guardianship Advisory Board) . The appointment of the Long Term Care Ombudsman is subject to Senate confirmation under ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation) . A vacancy shall be filled within 60 days in the same manner as an appointment is made.

(2) The Long Term Care Ombudsman may be removed for just cause, upon recommendation to the Governor by the Residential Ombudsman and Public Guardianship Advisory Board.

(3) The Long Term Care Ombudsman shall have background and experience in the following areas:

(a) The fields of aging, mental health or developmental disabilities;

(b) Physical or behavioral health care;

(c) Working with community programs;

(d) Strong understanding of long term care issues, both regulatory and policy;

(e) Working with health care providers;

(f) Working with and involvement in volunteer programs; and

(g) Administrative and managerial experience.

(4) The Long Term Care Ombudsman may hire up to 10 deputy ombudsmen as necessary to perform the duties of the ombudsman. [Formerly 441.103; 2017 c.441 §11; 2019 c.504 §1]

Source: Section 441.403 — Office of Long Term Care Ombudsman; terms; appointment; confirmation; qualifications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 441.079 — OR Code / Title 36 / Chapter 441 / Section 441.079
441.079 Eye, organ and tissue transplants
Status: in_force

(1) As used in this section and ORS 441.082 (Registration of organ procurement organization, tissue bank and eye bank) :

(a) “Entity” means an individual, corporation, business trust, partnership, limited liability company, association, joint venture or an instrumentality of an entity.

(b) “Eye bank” means an entity that is licensed or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or parts of human eyes.

(c) “Health care facility” has the meaning given that term in ORS 442.015 (Definitions) .

(d) “Organ procurement organization” means an entity designated by the United States Secretary of Health and Human Services as an organ procurement organization.

(e) “Tissue bank” means an entity that is licensed or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of tissue for transplants.

(2) Tissue banks and eye banks must be registered with and regulated by the United States Food and Drug Administration.

(3) A health care facility that performs organ transplants must:

(a) Be a member of the Organ Procurement and Transplantation Network established by the National Organ Transplant Act of 1984;

(b) Be regulated by the United States Department of Health and Human Services; and

(c) Use an organ procurement organization to obtain organs for transplants.

(4) A health care facility that performs tissue or corneal transplants must obtain the tissue or corneas from a tissue bank or an eye bank that is registered with and regulated by the United States Food and Drug Administration. [2007 c.334 §1]

Note: 441.079 (Eye, organ and tissue transplants) and 441.082 (Registration of organ procurement organization, tissue bank and eye bank) were enacted into law by the Legislative Assembly but were 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 441.079 — Eye, organ and tissue transplants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 453.870 — OR Code / Title 36 / Chapter 453 / Section 453.870
453.870 Transfer allowed after full disclosure
Status: in_force

(1) Any property that is not fit for use as determined under ORS 453.876 (Determination that property is not fit for use) may be transferred or sold if full, written disclosure, as required by rules of the Oregon Health Authority, is made to the prospective purchaser, attached to the earnest money receipt, if any, and shall accompany but not be a part of the sale document nor be recorded. However, such property shall continue to be subject to the provisions of ORS 453.876 (Determination that property is not fit for use) , regardless of transfer or sale under this section.

(2) Any transferee or purchaser who does not receive the notice described in subsection (1) of this section may set aside the transfer or sale as voidable and bring suit to recover damages for any losses incurred because of the failure to give such notice.

(3) The transferor or seller of any property described in subsection (1) of this section shall notify the authority of the transfer or sale as required by rule of the authority. [1989 c.915 §5; 2009 c.595 §924]

Source: Section 453.870 — Transfer allowed after full disclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 433.306 — OR Code / Title 36 / Chapter 433 / Section 433.306
433.306 Duty to administer vitamin
Status: in_force

(1) A physician licensed under ORS chapter 677, 684 or 685 or a midwife attending the mother at the birth of a child is responsible for ensuring that the newborn infant receives vitamin K within 24 hours after birth by the most effective means.

(2) The procedure described in subsection (1) of this section does not apply to any newborn infant whose parents object to the procedure on grounds that the procedure conflicts with the religious tenets and practices of the parents. To make an objection under this subsection, the parents must sign a statement attesting that the procedure conflicts with the religious tenets and practices of the parents.

(3) A newborn infant may not be refused the procedure described in subsection (1) of this section because of the parent’s inability to pay for the procedure. [1983 c.585 §2; 2017 c.162 §1]

Source: Section 433.306 — Duty to administer vitamin; religious objection; effect of inability to pay , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 444.230 — OR Code / Title 36 / Chapter 444 / Section 444.230
444.230 Unspecified treatment and experimentation prohibited
Status: in_force

(1) No child under the terms of ORS 444.110 (Complaint) to 444.240 (Preparation and distribution of examination blanks) shall be treated for any ailment except as is described by the order of the court under ORS 444.120 (Hearing) , unless permission for such treatment is granted by the parents or guardians.

(2) No child shall be used for the purpose of experimentation.

Source: Section 444.230 — Unspecified treatment and experimentation prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors444.­html (accessed May 26, 2025).
ORS § 450.215 — OR Code / Title 36 / Chapter 450 / Section 450.215
450.215 Plans for division and disposal of properties
Status: in_force

(1) If territory proposed to be annexed is within the limits of another sanitary district, the board of the district to which annexation is proposed and the board of such other district shall meet with each other prior to the hearing on the annexation petition to agree upon a division and disposal of the properties of the other district that lie within the territory proposed to be annexed. An agreement between the boards is effective only in the event the proposed annexation is approved by the electors.

(2) The plan of division of properties provided for in subsection (1) of this section shall be arrived at by giving consideration to the assessed valuation of the other district as a whole, the assessed valuation of the territory to be annexed, the types of properties and their location and intended use. If a plan of division of properties is agreed upon, the plan shall be reduced to writing and, if the proposed annexation is approved by the electors, shall be binding upon the districts party to the plan and upon all other interested persons. [Amended by 1957 c.671 §7; 1969 c.563 §20; 1971 c.727 §123]

Source: Section 450.215 — Plans for division and disposal of properties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 442.430 — OR Code / Title 36 / Chapter 442 / Section 442.430
442.430 Investigations
Status: in_force

(1) Whenever a further investigation is considered necessary or desirable by the Oregon Health Authority to verify the accuracy of the information in the reports made by health care facilities, the authority may make any necessary further examination of the facility’s records and accounts. Such further examinations include, but are not limited to, requiring a full or partial audit of all such records and accounts.

(2) In carrying out the duties prescribed by ORS 442.400 (“Health care facility” defined) to 442.463 (Annual utilization report) , the authority may utilize its own staff or may contract with any appropriate, independent, qualified third party. No such contractor shall release or publish or otherwise use any information made available to it under its contractual responsibility unless such permission is specifically granted by the authority. [Formerly 441.445; 1995 c.727 §28; 1997 c.683 §24; 2009 c.792 §41; 2015 c.318 §33]

Source: Section 442.430 — Investigations; confidentiality of data , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 433.156 — OR Code / Title 36 / Chapter 433 / Section 433.156
433.156 Enforcement of isolation or quarantine by law enforcement authorities
Status: in_force

All state and local law enforcement authorities shall cooperate with any officer authorized to impose isolation or quarantine in the enforcement thereof. [1973 c.259 §14 (enacted in lieu of 433.155); 2007 c.445 §18a]

Source: Section 433.156 — Enforcement of isolation or quarantine by law enforcement authorities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 436.315 — OR Code / Title 36 / Chapter 436 / Section 436.315
436.315 Appointment of appeal counsel
Status: in_force

If the respondent is determined to be financially eligible for appointed counsel at state expense, the court, upon the request of the person or upon its own motion, shall appoint suitable counsel to represent the respondent on appeal. Counsel appointed by the court shall be paid compensation, as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) . Compensation for counsel and costs and expenses necessary shall be determined and paid as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) . [1983 c.460 §16; 1985 c.502 §27; 2001 c.962 §76]

Source: Section 436.315 — Appointment of appeal counsel; payment of expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors436.­html (accessed May 26, 2025).
ORS § 441.046 — OR Code / Title 36 / Chapter 441 / Section 441.046
441.046 Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident
Status: in_force

(1) A long term care facility may not interfere with the good faith disclosure of information by an employee or a volunteer concerning the abuse or mistreatment of a resident in the long term care 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 Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the long term care 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 long term care 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 department may revoke or suspend the license of a long term care 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 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. [2019 c.381 §2]

Note: 441.046 (Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident) was added to and made a part of ORS chapter 441 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 441.046 — Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 438.715 — OR Code / Title 36 / Chapter 438 / Section 438.715
438.715 Organization operations
Status: in_force

(1) A nontransplant anatomical research recovery organization shall maintain a record of each donor from whom the organization obtains anatomical material. The record must include:

(a) Documentation showing that the donor donated the anatomical material for the purpose of research or education;

(b) The name and address of each person that had possession of the anatomical material before the organization took possession of the anatomical material; and

(c) Documentation of the disposition of the anatomical material by the organization, including the name and address of each person that receives anatomical material from the organization.

(2) If a nontransplant anatomical research recovery organization returns any anatomical material to a relative or personal representative of a donor, the organization shall disclose to the relative or personal representative whether all or part of the donor’s body is being returned.

(3) A nontransplant anatomical research recovery organization shall dispose of any anatomical material not returned to a relative or personal representative of the donor in accordance with all laws pertaining to the disposition of human remains.

(4) If a nontransplant anatomical research recovery organization accepts an offer from an individual to donate anatomical material to the organization, the organization shall provide to the individual clear notice as to whether or not the organization guarantees the coverage of a cost related to transporting and disposing of the individual’s anatomical material, including coverage of costs in instances in which the individual or a relative or personal representative of the individual subsequently rescinds, or the organization later rejects, the offer of anatomical material. [2013 c.356 §3]

Source: Section 438.715 — Organization operations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors438.­html (accessed May 26, 2025).
ORS § 431a.363 — OR Code / Title 36 / Chapter 431a / Section 431a.363
431A.363 Civil penalty for violation of ORS 431A.355 or 431A.358
Status: in_force

(1) The Oregon Health Authority may impose a civil penalty of not more than $5,000 per violation per day on any person who violates:

(a) ORS 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited) ;

(b) A rule adopted under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) ; or

(c) An order issued by the authority pursuant to this section or ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) or 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited) .

(2) Intentionally left blank —Ed.

(a) If the authority has reason to believe that a person is engaging in an act or practice that violates ORS 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited) or a rule adopted under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) , the authority may order that all lead-based paint activities or renovation to which the person is connected stop immediately.

(b) A request for a hearing on the propriety of the order must be submitted to the authority in writing within 10 days of the date on which the order was served. The authority shall grant a hearing as soon as practicable after receipt of the hearing request, and shall conduct the hearing as provided for contested cases under ORS chapter 183.

(3) Intentionally left blank —Ed.

(a) The authority may issue an order to require the actions described in paragraph (b) of this subsection to:

(A) A person who has violated ORS 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited) or a rule adopted under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) ; or

(B) A property owner, or agent of the property owner, who knowingly contracted with a person who was not certified under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) to perform lead-based paint activities or renovation when certification was required under ORS 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited) .

(b) An order issued under this subsection may require the recipient of the order to, as soon as reasonably practical:

(A) Obtain a risk assessment in accordance with ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) or 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited) and rules adopted under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) or 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited) ; and

(B) Abate or control any lead-based paint hazards identified by the risk assessment. All lead-based paint abatement and hazard control services must be performed in accordance with ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) and 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited) and rules adopted under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) and 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited) .

(c) A request for a hearing on the propriety of the order must be submitted to the authority in writing within 10 days of the date on which the order was served. The authority shall grant a hearing as soon as practicable after receipt of the hearing request, and shall conduct the hearing as provided for contested cases under ORS chapter 183.

(4) If a person described in subsection (3) of this section fails to timely comply with an order issued under subsection (3) of this section, the authority may take any necessary action to obtain a risk assessment or abate or control any lead-based paint hazards identified by a risk assessment.

(5) In addition to the civil penalty described in subsection (1) of this section, the authority may impose on a person who fails to timely comply with an order issued pursuant to subsection (3) of this section costs in an amount sufficient to cover any expenses incurred by the authority in obtaining a risk assessment and abating or controlling any hazards, as described in subsection (3) of this section. Costs imposed under this section must be imposed in compliance with ORS 431A.365 (Costs imposed pursuant to ORS 431A.363) .

(6) A person who fails to identify a third party as described in ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) is liable jointly and severally for any violation by the third party of ORS 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited) or a rule adopted under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) .

(7) All moneys collected by the authority under this section and ORS 431A.365 (Costs imposed pursuant to ORS 431A.363) shall be deposited into the Public Health Account established under ORS 431.210 (Public Health Account) . Moneys deposited under this section shall be used for the purposes of lead poisoning prevention, including consumer and industry outreach, public education, blood lead screening, lead-based paint risk assessments, lead-based paint hazard abatement and control activities and other similar activities.

(8) Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures) .

(9) A civil penalty imposed under this section is in addition to, and not in lieu of, any other penalty or sanction provided by law.

(10) The authority shall report all civil penalties and sanctions imposed under this section or a rule adopted under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) to each of the following state agencies:

(a) The Construction Contractors Board;

(b) The Occupational Safety and Health Division of the Department of Consumer and Business Services; and

(c) The Department of Environmental Quality. [Formerly 431.994; 2021 c.49 §2]

Source: Section 431A.363 — Civil penalty for violation of ORS 431A.355 or 431A.358; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).