ORS § 438.055 — OR Code / Title 36 / Chapter 438 / Section 438.055
438.055 Exemption
Status: in_force

Clinical laboratories operated by physicians or clinicians that conduct only waived tests and physician performed microscopy procedures used exclusively for the diagnosis and treatment of their patients shall not be subject to regulation that is more strict than regulation imposed under the Clinical Laboratory Improvement Amendments of 1988 (P.L. 100-578; 42 U.S.C. 201 and 263a). [1993 c.109 §12; 1999 c.341 §2]

Source: Section 438.055 — Exemption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors438.­html (accessed May 26, 2025).
ORS § 440.505 — OR Code / Title 36 / Chapter 440 / Section 440.505
440.505 Port hospitals
Status: in_force

(1) A port may construct, maintain and operate hospitals within its boundaries, subject to the provisions and limitations upon indebtedness of the port imposed by law. However, after June 23, 1967, a port may not construct or acquire a hospital if any part of a health district organized pursuant to ORS 440.315 (Definitions for ORS 440.315 to 440.410) to 440.410 (Annual audit) lies within the boundaries of the port.

(2) Should any port district under authority of subsection (1) of this section after August 20, 1957, construct, maintain and operate a hospital or hospital facilities and levy a tax for any indebtedness or other expense incurred therefor, all taxable property in the port district and also within a health district then operating hospital facilities shall be exempt from all taxes levied by a port district for such hospital purposes. [Formerly 441.505; 2003 c.802 §115]

Source: Section 440.505 — Port hospitals; levy of taxes; property exempt from taxation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors440.­html (accessed May 26, 2025).
ORS § 454.317 — OR Code / Title 36 / Chapter 454 / Section 454.317
454.317 Resolution or ordinance authorizing levy and collection of seepage charge
Status: in_force

(1) When a certified copy of the findings and order approving the proposal is filed with the governing body as provided in ORS 454.305 (Effect of findings) , the governing body may adopt a resolution or ordinance authorizing the levy and collection of a seepage charge upon all real properties served by on-site subsurface sewage disposal systems, as defined in ORS 454.605 (Definitions for ORS 454.605 to 454.755) , within the boundaries of the affected area.

(2) A resolution or ordinance adopted under this section shall authorize the levy and collection of a seepage charge only in an affected area located entirely within a single drainage basin as identified in regional treatment works plans.

(3) A resolution or ordinance adopted under this section shall:

(a) Describe the boundaries of the affected area; and

(b) Contain an estimate of the commencement and completion dates for the proposed treatment works and a proposed schedule for the extension of sewer service into the affected area. [1983 c.235 §2]

Source: Section 454.317 — Resolution or ordinance authorizing levy and collection of seepage charge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors454.­html (accessed May 26, 2025).
ORS § 442.394 — OR Code / Title 36 / Chapter 442 / Section 442.394
442.394 Acceptance by facilities as payment in full
Status: in_force

(1) A hospital or ambulatory surgical center shall bill and accept as payment in full an amount determined in accordance with ORS 243.256 (Reimbursement methodology for payment to hospitals) and 243.879 (Reimbursement methodology for payment to hospitals) , if applicable, or the payment methodology prescribed by the Oregon Health Authority under ORS 442.392 (Uniform payment methodology for hospital and ambulatory surgical center services) .

(2) This section does not apply to type A or type B hospitals, as described in ORS 442.470 (Definitions for ORS 442.470 to 442.507) , or rural critical access hospitals, as defined in ORS 442.470 (Definitions for ORS 442.470 to 442.507) . [2011 c.418 §4; 2017 c.718 §11; 2017 c.746 §33]

Note: See note under 442.392 (Uniform payment methodology for hospital and ambulatory surgical center services) .

Source: Section 442.394 — Acceptance by facilities as payment in full , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 450.303 — OR Code / Title 36 / Chapter 450 / Section 450.303
450.303 Purchase of general obligation bonds of sanitary districts
Status: in_force

(1) Any sanitary district in the state having an actual value in excess of $750,000, that has not been able to sell its general obligation bonds on the market upon competitive bids or has not been able to obtain a bid for its bonds pursuant to notice of sale of the bonds published in a newspaper of general circulation printed and published for a period of two consecutive weeks in the county in which the major portion of the assessed value of the district is located, may sell its bonds to the State of Oregon, if the bonds are approved for investment by the State Treasurer. For the purposes of this section, actual value shall be determined in the manner prescribed by ORS 450.120 (Debt limitations) . Bonds issued under authority of this section, together with other outstanding indebtedness of the district, shall not exceed in the aggregate 15 percent of the actual value of the district. For the purposes of this section, the 15 percent limitation shall supersede the limitation imposed by ORS 450.120 (Debt limitations) or any other law in conflict with this section. Only bonds authorized and issued in compliance with ORS 450.005 (Definitions for ORS 450.005 to 450.245) to 450.075 (Powers of sanitary district) , 450.085 (Adoption of regulations and ordinances) to 450.115 (Use of proceeds of bond sale) , 450.125 (Payment of bonds) to 450.245 (Application of ORS 450.005 to 450.245 to districts organized under former laws) and the provisions of this section may be purchased by the State of Oregon as investments of the fund designated in subsection (2) of this section.

(2) The Sanitary District Sewerage System Revolving Fund is established separate and distinct from the General Fund. Moneys in the Sanitary District Sewerage System Revolving Fund are continuously appropriated to the State Treasurer for investment under the authority of this section. The interest paid on the investments purchased pursuant to this section shall be credited to the General Fund of the State of Oregon, and the principal, as it is repaid to the state by sanitary districts, shall be credited to the General Fund to be available for the payment of general governmental expenses. The State Treasurer is authorized to sell at not less than cost, the bonds, in whole or in part, that have been purchased under the authority of this section. The proceeds of sale of the bonds shall be credited to the General Fund to be available for the payment of general governmental expenses. [1959 c.425 §§1,2; 1963 c.341 §5; 1981 c.94 §40; 2005 c.755 §40]

Source: Section 450.303 — Purchase of general obligation bonds of sanitary districts; Sanitary District Sewerage System Revolving Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 452.145 — OR Code / Title 36 / Chapter 452 / Section 452.145
452.145 Limitation on predatory animal control
Status: in_force

Notwithstanding ORS 452.110 (Powers of board) :

(1) A vector control district shall not exercise the authority granted by ORS 452.110 (Powers of board) relating to the control or eradication of predatory animals unless the electors of the district approve a proposition referred to them by the district board that authorizes the district to assume the function of predatory animal control and eradication.

(2) When authorized to assume the function of predatory animal control and eradication by the electors of the district, a vector control district shall conduct its activities for the control and eradication of predatory animals in accordance with the provisions of ORS chapter 610.

(3) Officers and employees of a vector control district shall not enter upon any private land to inspect for or to control predatory animals unless the owner of the land first grants permission for such entry. [1987 c.298 §4]

Source: Section 452.145 — Limitation on predatory animal control , https://www.­oregonlegislature.­gov/bills_laws/ors/ors452.­html (accessed May 26, 2025).
ORS § 443.012 — OR Code / Title 36 / Chapter 443 / Section 443.012
443.012 Disease outbreak and infection control training and protocols
Status: in_force

(1) As used in this section and ORS 443.417 (Annual kitchen inspection) :

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

(b) “Facility” means:

(A) A long term care facility, as defined in ORS 442.015 (Definitions) ;

(B) A conversion facility, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) ; and

(C) A residential care facility, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) , including a residential care facility with a memory care endorsement.

(2) An administrator of a facility and the employees of the facility, as specified by the Department of Human Services by rule, must receive training in recognizing disease outbreaks and infection control at the time of hiring, unless the administrator or the employee has received the training at another facility within the 24-month period prior to the time of hiring, and annually as part of, and not in addition to, the administrator or employee’s continuing education requirements.

(3) The department, in consultation with the Oregon Health Authority, shall prescribe by rule the requirements for the training, which must include at least the following:

(a) How to properly prevent and contain disease outbreaks based on the current best evidence in the field of infection and disease outbreak identification, prevention and control; and

(b) The responsibility of staff members to report disease outbreaks under ORS 433.004 (Reportable diseases) .

(4) The training may be provided in person, in writing, by webinar or by other electronic means. The department shall make online trainings available.

(5) Intentionally left blank —Ed.

(a) A facility must establish and maintain infection prevention and control protocols designed to provide a safe, sanitary and comfortable environment and to prevent the development and transmission of communicable diseases.

(b) A facility must designate an individual to be responsible for carrying out the infection prevention and control protocols and to serve as the primary point of contact for the department regarding disease outbreaks. The individual must:

(A) Be qualified by education, training and experience or certification; and

(B) Complete specialized training in infection prevention and control protocols within three months of being designated under this paragraph, unless the designee has received the specialized training within the 24-month period prior to the time of the designation.

(6) Upon hiring a new staff member, a facility shall provide to the staff member information about the rights and responsibility of facility staff members to report disease outbreaks under ORS 433.004 (Reportable diseases) and the safeguards for staff members who report disease outbreaks.

(7) The department, in coordination with the authority, shall:

(a) Communicate regularly with facility administrators to recommend best practices and protocols for preventing and responding to disease outbreaks and provide contacts for local public health authorities; and

(b) Provide notification to the facilities in a community where there is an elevated risk of an infectious disease outbreak and the residents and staff may be at risk of exposure to the disease outbreak. [2019 c.592 §1]

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

Source: Section 443.012 — Disease outbreak and infection control training and protocols; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 443.448 — OR Code / Title 36 / Chapter 443 / Section 443.448
443.448 Choice of prescription and nonprescription drugs and supplies
Status: in_force

(1) As used in this section, “supplier” includes an authorized representative of the patient who purchases nonprescription medication or nonprescription sickroom supplies at retail.

(2) A resident in a residential facility must have a choice:

(a) From among prescription drug delivery systems as long as the system selected:

(A) Provides for timely delivery of drugs;

(B) Provides adequate protection to prevent tampering with drugs;

(C) Provides that drugs are delivered in a unit of use compatible with the established system of the facility for dispensing drugs, whether that system is provided by a facility pharmacy or by a contract with a pharmacy; and

(D) Provides a 24-hour emergency service procedure either directly or by contract with another pharmacy;

(b) From among suppliers of nonprescription medication, although no facility is required to accept any opened container of such medication; and

(c) From among suppliers of nonprescription sickroom supplies as long as any items supplied can be maintained in a clean manner with equipment available at the facility.

(3) If the established system of the facility, whether that system is provided by a facility pharmacy or a pharmacy under contract, provides patient profile information, the pharmacy chosen by the resident under subsection (2)(a) of this section must also provide that information for any resident it serves at the facility. [Formerly 443.437]

Source: Section 443.448 — Choice of prescription and nonprescription drugs and supplies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 451.495 — OR Code / Title 36 / Chapter 451 / Section 451.495
451.495 Ordinance governing certain assessments
Status: in_force

(1) If the cost, or any portion of the cost, of service facilities for a district is to be assessed under ORS 451.490 (Methods of financing service facilities) against the property directly benefited, the governing body of the district shall, before attempting to implement the service facilities, adopt a general ordinance providing for the method of assessment. The ordinance shall:

(a) Contain provision for notice to affected property owners of intention to implement described service facilities and to assess benefited property for a part or all of the cost.

(b) Provide for a hearing at which affected property owners may appear to object to the implementation of the proposed service facilities.

(c) Provide that if the district receives written objections prior to the conclusion of the hearing signed by more than 50 percent of the affected property owners representing more than 50 percent of the affected property the proposed service facilities will not be implemented.

(d) Provide for notice of and a hearing on proposed assessments which notice and hearing may be combined with the notice and hearing described in paragraphs (a) and (b) of this subsection.

(e) Provide for the general method of assessing the property directly benefited and of the recording of liens against the property directly benefited, and of making supplementary assessments and rebates.

(f) Provide for establishing the boundaries of each assessment district as work is proposed.

(2) Assessments in the district shall, so far as practicable, be apportioned within the district in accordance with the special and peculiar benefit each lot or parcel of land receives from the service facilities.

(3) Where parcels of land, or portions thereof, are undeveloped, the governing body of the district may, in its discretion, defer assessing or imposing all or any portion of such assessments on such parcels until such parcels are served by the facilities. [1973 c.785 §15; 1981 c.570 §3]

Source: Section 451.495 — Ordinance governing certain assessments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors451.­html (accessed May 26, 2025).
ORS § 442.520 — OR Code / Title 36 / Chapter 442 / Section 442.520
442.520 Risk assessment formula
Status: in_force

(1) Subject to the formula set out in subsection (2) of this section, the Office of Rural Health, in consultation with a trade association representing hospitals and health systems in Oregon, shall establish a risk assessment formula to identify the relative risk of a rural hospital, as defined in ORS 442.470 (Definitions for ORS 442.470 to 442.507) .

(2) To assess the degree of risk faced by each rural hospital, the risk assessment formula developed by the Office of Rural Health, in consultation with a trade association representing hospitals and health systems in Oregon, shall include the following categories:

(a) Organizational risk: The financial situation of each facility, as measured by a nationally accepted formula that identifies the hospital’s current and future financial viability;

(b) Population risk: The impact that a hospital closure would have on the health care needs of the citizens of each hospital’s respective service area, as measured by an index that includes medically underserved, distance and target population components; and

(c) Economic risk: The direct and indirect economic contribution made to the communities of each hospital’s respective service area, as measured by an index that measures the overall economic benefit added to the service area community by the hospital. [1991 c.947 §20; 2015 c.70 §16]

Note: 442.520 (Risk assessment formula) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 442 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 442.520 — Risk assessment formula; relative risk of rural hospitals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 442.570 — OR Code / Title 36 / Chapter 442 / Section 442.570
442.570 Primary Care Services Fund
Status: in_force

(1) There is established in the State Treasury a fund, separate and distinct from the General Fund, to be known as the Primary Care Services Fund. Moneys in the Primary Care Services Fund are continuously appropriated to the Oregon Department of Administrative Services for allocation to the Office of Rural Health for investments as provided by ORS 293.701 (Definitions for ORS 293.701 to 293.857) to 293.857 (Separate accounts for each local government) , for expenses and payments by the office in carrying out the purposes of ORS 315.613 (Credit available to persons providing rural medical care and affiliated with certain rural hospitals) , 315.616 (Additional providers who may qualify for credit) , 315.619 (Credit for medical staff at type C hospital) , 353.450 (Area Health Education Center program) , 442.470 (Definitions for ORS 442.470 to 442.507) , 442.503 (Eligibility for economic development grants) and 442.561 (Certifying individuals licensed under ORS chapter 679 for tax credit) to 442.570 (Primary Care Services Fund) . Interest earned by the fund shall be credited to the fund.

(2) The office shall seek matching funds from the federal government and from communities that benefit from placement of participants under ORS 442.561 (Certifying individuals licensed under ORS chapter 679 for tax credit) to 442.570 (Primary Care Services Fund) . The office shall establish a program to enroll interested communities in this program and deposit moneys from the matching funds in the Primary Care Services Fund. In addition, the office shall explore other funding sources including federal grant programs. [1989 c.893 §21; 1991 c.877 §22; 1991 c.947 §4; 2010 c.42 §5; 2013 c.177 §7]

Note: See note under 442.561 (Certifying individuals licensed under ORS chapter 679 for tax credit) .

Source: Section 442.570 — Primary Care Services Fund; matching funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 453.382 — OR Code / Title 36 / Chapter 453 / Section 453.382
453.382 Cost of responding to emergency
Status: in_force

(1) Whenever the State Fire Marshal or a local fire department or district dispatches a regional hazardous material response team to an emergency involving a hazardous material or hazardous substance, the State Fire Marshal or local fire department or district may bill the person responsible for causing the emergency for the cost of responding to the emergency. The State Fire Marshal or the local fire department or district also may bill the responsible party for the cost of billing for and collecting the emergency response costs, including but not limited to the costs of administration, investigation and legal services. The billing shall be on forms established by the State Fire Marshal for such purposes.

(2) If the person fails to pay the cost set forth in a billing within 30 days after the second billing, the State Fire Marshal, acting for the State Fire Marshal or on behalf of the local fire department or district, may either:

(a) Bring an action for the recovery of such unpaid cost from the person responsible for causing the hazardous material or hazardous substance emergency; or

(b) Initiate a contested case hearing according to the applicable provisions of ORS chapter 183.

(3) Notwithstanding any provision of ORS chapter 183, nothing in subsection (2) of this section shall be considered to require the State Fire Marshal to conduct a contested case hearing as a prerequisite to bringing an action under subsection (2)(a) of this section. [1989 c.833 §89; 1991 c.804 §3; 1993 c.707 §10]

Source: Section 453.382 — Cost of responding to emergency; responsibility; billing; recovery , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 450.059 — OR Code / Title 36 / Chapter 450 / Section 450.059
450.059 Election laws applicable
Status: in_force

(1) ORS chapter 255 governs the following:

(a) The nomination and election of members of the district board.

(b) The conduct of district elections.

(2) The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 (Prospective petition) to 255.205 (Retention of petition materials) . [1983 c.350 §268]

Source: Section 450.059 — Election laws applicable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 431.520 — OR Code / Title 36 / Chapter 431 / Section 431.520
431.520 Disposal of public records
Status: in_force

Public records, as defined in ORS 192.005 (Definitions for ORS 192.005 to 192.170) , of local health departments and community mental health clinics may be destroyed or otherwise disposed of in accordance with rules prescribed by the State Archivist, except that public records may not be required to be maintained for more than seven years from the date of the last entry for purposes of preserving evidence for an action, suit or proceeding. [1969 c.446 §2; 1973 c.829 §32; 2015 c.736 §44]

Source: Section 431.520 — Disposal of public records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431.­html (accessed May 26, 2025).
ORS § 448.370 — OR Code / Title 36 / Chapter 448 / Section 448.370
448.370 Grant program
Status: in_force

(1) As used in this section, “water supplier” and “water system” have the meanings given those terms in ORS 448.115 (Definitions for ORS 448.115 to 448.285) .

(2) The Oregon Watershed Enhancement Board shall establish a program to provide grants to water suppliers to protect, restore or enhance sources of drinking water.

(3) Grants awarded under this section shall be used by a grant recipient for:

(a) Acquiring lands from willing sellers where the protection, restoration or enhancement of those lands will benefit a source of drinking water used by the water supplier;

(b) Entering into covenants, easements or similar agreements to protect, restore or enhance lands described in paragraph (a) of this subsection; or

(c) Repaying a loan used to finance a project to protect, restore or enhance lands consistent with paragraph (a) or (b) of this subsection.

(4) Intentionally left blank —Ed.

(a) Grants awarded under this section may not exceed $3 million.

(b) The board shall award grants under this section on a rolling basis.

(5) For purposes of obtaining a grant under this section, a water supplier may form a partnership with a holder, as defined in ORS 271.715 (Definitions for ORS 271.715 to 271.795) , other than a state agency. The board may establish by rule requirements for partnerships formed pursuant to this subsection.

(6) Applications for a grant under this section shall be made in the form and manner prescribed by the board. An application must demonstrate that the project will protect, restore or enhance a source of drinking water, and must be supported by evidence. The board shall review completed grant applications, rank grant applications based on criteria established by the board by rule under subsection (7) of this section and approve or deny the applications. If the board denies a grant application, the board shall notify the applicant in writing of the reason or reasons that the grant application was denied.

(7) The board shall adopt rules for the administration of the grant program established under this section. Rules adopted under this subsection may include, but need not be limited to:

(a) Eligibility criteria for water suppliers, including but not limited to:

(A) Eligible water system types; and

(B) Requirements that eligible water suppliers serve rural communities, communities experiencing lower incomes or communities that are at or below a specified population level;

(b) Requirements for grant applications and the grant application process;

(c) Criteria for ranking grant applications;

(d) Requirements setting forth the amount of matching funds a grant applicant must provide to be eligible to receive a grant;

(e) A schedule for when grant applications are due and grants will be awarded; or

(f) Provisions setting forth how the board will verify that grant funds have been used for the purposes for which the grant was awarded, including but not limited to:

(A) Provisions requiring status reports or other verification measures that ensure that the terms and conditions of any agreement between the board and the grant recipient are being performed;

(B) Provisions describing methods of protecting, enhancing or restoring sources of drinking water; and

(C) Provisions requiring the development of a long-term management plan for acquired lands.

(8) Intentionally left blank —Ed.

(a) A grant recipient is responsible for fulfilling the terms and conditions of any agreement:

(A) Between the grant recipient and the board; and

(B) Between the grant recipient and a landowner, or other person, necessary for the grant recipient to carry out the project for which a grant has been awarded.

(b) The board is not liable to any person for the failure of a grant recipient to fulfill the terms or conditions of any agreement between the person and the grant recipient. [2023 c.606 §1]

Note: 448.370 (Grant program) to 448.380 (Community Drinking Water Enhancement and Protection Fund) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 448 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 448.370 — Grant program; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html (accessed May 26, 2025).
ORS § 446.003 — OR Code / Title 36 / Chapter 446 / Section 446.003
446.003 Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285
Status: in_force

As used in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) to 446.200 (Exemption from additional regulations) and 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs) , unless the context requires otherwise or unless administration and enforcement by the State of Oregon under the existing or revised National Manufactured Housing Construction and Safety Standards Act would be adversely affected:

(1) “Accessory building or structure” means any portable, demountable or permanent structure established for use of the occupant of the manufactured dwelling and as further defined by rule by the Director of the Department of Consumer and Business Services.

(2) Intentionally left blank —Ed.

(a) “Alteration” means any change, addition, repair, conversion, replacement, modification or removal of any equipment or installation that may affect the operation, construction or occupancy of a manufactured dwelling.

(b) “Alteration” does not include:

(A) Minor repairs with approved component parts;

(B) Conversion of listed fuel-burning appliances in accordance with the terms of their listing;

(C) Adjustment and maintenance of equipment; or

(D) Replacement of equipment or accessories in kind.

(3) “Approved” means approved, licensed or certified by the Department of Consumer and Business Services or its designee.

(4) “Cabana” means a stationary, lightweight structure that may be prefabricated, or demountable, with two or more walls, used adjacent to and in conjunction with a manufactured dwelling to provide additional living space.

(5) “Certification” means an evaluation process by which the department verifies a manufacturer’s ability to produce manufactured dwellings to the department rules and to the department approved quality control manual.

(6) “Dealer” means any person engaged in the business of selling, leasing or distributing manufactured dwellings or equipment, or both, primarily to persons who in good faith purchase or lease manufactured dwellings or equipment, or both, for purposes other than resale.

(7) “Department” means the Department of Consumer and Business Services.

(8) “Director” means the Director of the Department of Consumer and Business Services.

(9) “Distributor” means any person engaged in selling and distributing manufactured dwellings or equipment for resale.

(10) “Equipment” means materials, appliances, subassembly, devices, fixtures, fittings and apparatuses used in the construction, plumbing, mechanical and electrical systems of a manufactured dwelling.

(11) “Federal manufactured housing construction and safety standard” means a standard for construction, design and performance of a manufactured dwelling promulgated by the Secretary of Housing and Urban Development pursuant to the federal National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383).

(12) “Imminent safety hazard” means an imminent and unreasonable risk of death or severe personal injury.

(13) “Insignia of compliance” means the HUD label for a manufactured dwelling.

(14) “Inspecting authority” or “inspector” means the Director of the Department of Consumer and Business Services or representatives as appointed or authorized to administer and enforce provisions of 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 446.990 (Penalties) .

(15) “Installation” in relation to:

(a) Construction means the arrangements and methods of construction, fire and life safety, electrical, plumbing and mechanical equipment and systems within a manufactured dwelling.

(b) Siting means the manufactured dwelling and cabana foundation support and tiedown, the structural, fire and life safety, electrical, plumbing and mechanical equipment and material connections and the installation of skirting and temporary steps.

(16) “Installer” means any individual licensed by the director to install, set up, connect, hook up, block, tie down, secure, support, install temporary steps for, install skirting for or make electrical, plumbing or mechanical connections to manufactured dwellings or cabanas or who provides consultation or supervision for any of these activities, except architects registered under ORS 671.010 (Definitions) to 671.220 (Board action to enjoin violations) or engineers registered under ORS 672.002 (Definitions for ORS 672.002 to 672.325) to 672.325 (Civil penalties) .

(17) “Listed” means equipment or materials included in a list, published by an organization concerned with product evaluation acceptable to the department that maintains periodic inspection of production of listed equipment or materials, and whose listing states either that the equipment or materials meets appropriate standards or has been tested and found suitable in a specified manner.

(18) “Lot” means any space, area or tract of land, or portion of a manufactured dwelling park, mobile home park or recreation park that is designated or used for occupancy by one manufactured dwelling.

(19) Intentionally left blank —Ed.

(a) “Manufactured dwelling” means a residential trailer, mobile home or manufactured home.

(b) “Manufactured dwelling” does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code, the Low-Rise Residential Dwelling Code adopted pursuant to ORS 455.020 (Purpose) or 455.610 (Low-Rise Residential Dwelling Code) or the Small Home Specialty Code adopted under section 2, chapter 401, Oregon Laws 2019.

(20) Intentionally left blank —Ed.

(a) “Manufactured dwelling park” means any place where four or more manufactured dwellings or prefabricated structures, as defined in ORS 455.010 (Definitions for ORS chapter 455) , that are relocatable and more than eight and one-half feet wide, are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person.

(b) “Manufactured dwelling park” does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision was approved by the local government unit having jurisdiction under an ordinance adopted pursuant to ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) .

(21) Intentionally left blank —Ed.

(a) “Manufactured home,” except as provided in paragraph (b) of this subsection, means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction.

(b) For purposes of implementing any contract pertaining to manufactured homes between the department and the federal government, “manufactured home” has the meaning given the term in the contract.

(22) “Manufacturer” means any person engaged in manufacturing, building, rebuilding, altering, converting or assembling manufactured dwellings or equipment.

(23) “Manufacturing” means the building, rebuilding, altering or converting of manufactured dwellings that bear or are required to bear an Oregon insignia of compliance.

(24) “Minimum safety standards” means the plumbing, mechanical, electrical, thermal, fire and life safety, structural and transportation standards prescribed by rules adopted by the director.

(25) “Mobile home” means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.

(26) “Mobile home park”:

(a) Means any place where four or more manufactured dwellings, recreational vehicles as defined in ORS 174.101 (“Manufactured structure,” “recreational vehicle” defined) , or a combination thereof, are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person.

(b) Does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision was approved by the municipality unit having jurisdiction under an ordinance adopted pursuant to ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) .

(27) “Municipality” means a city, county or other unit of local government otherwise authorized by law to enact codes.

(28) “Residential trailer” means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed before January 1, 1962.

(29) “Sale” means rent, lease, sale or exchange.

(30) “Skirting” means a weather resistant material used to enclose the space below a manufactured dwelling.

(31) “Tiedown” means any device designed to anchor a manufactured dwelling securely to the ground.

(32) “Utilities” means the water, sewer, gas or electric services provided on a lot for a manufactured dwelling. [1975 c.546 §10 (enacted in lieu of 446.002 and 446.004); 1979 c.884 §1; 1983 c.707 §1; 1987 c.274 §1; 1987 c.414 §21; 1989 c.527 §1; 1989 c.648 §§1,1a; 1989 c.683 §1; 1989 c.919 §6b; 1991 c.226 §1; 1991 c.844 §21; 1993 c.744 §47; 1995 c.251 §1; 1997 c.205 §1; 1999 c.758 §7; 2003 c.675 §6; 2005 c.22 §313; 2009 c.259 §25; 2009 c.567 §28; 2013 c.161 §2; 2013 c.196 §21; 2019 c.401 §8; 2019 c.422 §1a; 2019 c.585 §7a; 2021 c.260 §6; 2022 c.54 §17]

Note: The amendments to 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) by section 1b, chapter 422, Oregon Laws 2019, become operative January 2, 2026. See section 18, chapter 401, Oregon Laws 2019, as amended by section 1c, chapter 422, Oregon Laws 2019, and section 6, chapter 54, Oregon Laws 2022. The text that is operative on and after January 2, 2026, including amendments by section 7, chapter 260, Oregon Laws 2021, and section 18, chapter 54, Oregon Laws 2022, is set forth for the user’s convenience.

446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) . As used in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) to 446.200 (Exemption from additional regulations) and 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs) , unless the context requires otherwise or unless administration and enforcement by the State of Oregon under the existing or revised National Manufactured Housing Construction and Safety Standards Act would be adversely affected:

(1) “Accessory building or structure” means any portable, demountable or permanent structure established for use of the occupant of the manufactured dwelling and as further defined by rule by the Director of the Department of Consumer and Business Services.

(2) Intentionally left blank —Ed.

(a) “Alteration” means any change, addition, repair, conversion, replacement, modification or removal of any equipment or installation that may affect the operation, construction or occupancy of a manufactured dwelling.

(b) “Alteration” does not include:

(A) Minor repairs with approved component parts;

(B) Conversion of listed fuel-burning appliances in accordance with the terms of their listing;

(C) Adjustment and maintenance of equipment; or

(D) Replacement of equipment or accessories in kind.

(3) “Approved” means approved, licensed or certified by the Department of Consumer and Business Services or its designee.

(4) “Cabana” means a stationary, lightweight structure that may be prefabricated, or demountable, with two or more walls, used adjacent to and in conjunction with a manufactured dwelling to provide additional living space.

(5) “Certification” means an evaluation process by which the department verifies a manufacturer’s ability to produce manufactured dwellings to the department rules and to the department approved quality control manual.

(6) “Dealer” means any person engaged in the business of selling, leasing or distributing manufactured dwellings or equipment, or both, primarily to persons who in good faith purchase or lease manufactured dwellings or equipment, or both, for purposes other than resale.

(7) “Department” means the Department of Consumer and Business Services.

(8) “Director” means the Director of the Department of Consumer and Business Services.

(9) “Distributor” means any person engaged in selling and distributing manufactured dwellings or equipment for resale.

(10) “Equipment” means materials, appliances, subassembly, devices, fixtures, fittings and apparatuses used in the construction, plumbing, mechanical and electrical systems of a manufactured dwelling.

(11) “Federal manufactured housing construction and safety standard” means a standard for construction, design and performance of a manufactured dwelling promulgated by the Secretary of Housing and Urban Development pursuant to the federal National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383).

(12) “Imminent safety hazard” means an imminent and unreasonable risk of death or severe personal injury.

(13) “Insignia of compliance” means the HUD label for a manufactured dwelling.

(14) “Inspecting authority” or “inspector” means the Director of the Department of Consumer and Business Services or representatives as appointed or authorized to administer and enforce provisions of 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 446.990 (Penalties) .

(15) “Installation” in relation to:

(a) Construction means the arrangements and methods of construction, fire and life safety, electrical, plumbing and mechanical equipment and systems within a manufactured dwelling.

(b) Siting means the manufactured dwelling and cabana foundation support and tiedown, the structural, fire and life safety, electrical, plumbing and mechanical equipment and material connections and the installation of skirting and temporary steps.

(16) “Installer” means any individual licensed by the director to install, set up, connect, hook up, block, tie down, secure, support, install temporary steps for, install skirting for or make electrical, plumbing or mechanical connections to manufactured dwellings or cabanas or who provides consultation or supervision for any of these activities, except architects registered under ORS 671.010 (Definitions) to 671.220 (Board action to enjoin violations) or engineers registered under ORS 672.002 (Definitions for ORS 672.002 to 672.325) to 672.325 (Civil penalties) .

(17) “Listed” means equipment or materials included in a list, published by an organization concerned with product evaluation acceptable to the department that maintains periodic inspection of production of listed equipment or materials, and whose listing states either that the equipment or materials meets appropriate standards or has been tested and found suitable in a specified manner.

(18) “Lot” means any space, area or tract of land, or portion of a manufactured dwelling park, mobile home park or recreation park that is designated or used for occupancy by one manufactured dwelling.

(19) Intentionally left blank —Ed.

(a) “Manufactured dwelling” means a residential trailer, mobile home or manufactured home.

(b) “Manufactured dwelling” does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code adopted pursuant to ORS 455.020 (Purpose) , 455.610 (Low-Rise Residential Dwelling Code) or 455.616 (Construction standards for small homes) .

(20) Intentionally left blank —Ed.

(a) “Manufactured dwelling park” means any place where four or more manufactured dwellings or prefabricated structures, as defined in ORS 455.010 (Definitions for ORS chapter 455) , that are relocatable and more than eight and one-half feet wide, are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person.

(b) “Manufactured dwelling park” does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision was approved by the local government unit having jurisdiction under an ordinance adopted pursuant to ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) .

(21) Intentionally left blank —Ed.

(a) “Manufactured home,” except as provided in paragraph (b) of this subsection, means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction.

(b) For purposes of implementing any contract pertaining to manufactured homes between the department and the federal government, “manufactured home” has the meaning given the term in the contract.

(22) “Manufacturer” means any person engaged in manufacturing, building, rebuilding, altering, converting or assembling manufactured dwellings or equipment.

(23) “Manufacturing” means the building, rebuilding, altering or converting of manufactured dwellings that bear or are required to bear an Oregon insignia of compliance.

(24) “Minimum safety standards” means the plumbing, mechanical, electrical, thermal, fire and life safety, structural and transportation standards prescribed by rules adopted by the director.

(25) “Mobile home” means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.

(26) “Mobile home park”:

(a) Means any place where four or more manufactured dwellings, recreational vehicles as defined in ORS 174.101 (“Manufactured structure,” “recreational vehicle” defined) , or a combination thereof, are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person.

(b) Does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision was approved by the municipality unit having jurisdiction under an ordinance adopted pursuant to ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) .

(27) “Municipality” means a city, county or other unit of local government otherwise authorized by law to enact codes.

(28) “Residential trailer” means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed before January 1, 1962.

(29) “Sale” means rent, lease, sale or exchange.

(30) “Skirting” means a weather resistant material used to enclose the space below a manufactured dwelling.

(31) “Tiedown” means any device designed to anchor a manufactured dwelling securely to the ground.

(32) “Utilities” means the water, sewer, gas or electric services provided on a lot for a manufactured dwelling.

Source: Section 446.003 — Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors446.­html (accessed May 26, 2025).
ORS § 433.390 — OR Code / Title 36 / Chapter 433 / Section 433.390
433.390 County dog control fund
Status: in_force

(1) All moneys received by a county under ORS 433.340 (Definitions for ORS 433.340 to 433.390) to 433.390 (County dog control fund) and 433.990 (Penalties) (6) shall be paid to the county dog control fund.

(2) The governing body of the county may, in the event of a rabies outbreak within the county, use such portion of the dog control fund as it deems necessary to purchase rabies vaccine for administration to animals under the direction of the state and local health officers. [1971 c.413 §12; 1977 c.189 §8; 1987 c.158 §78; 1987 c.905 §22; 2001 c.104 §156; 2007 c.445 §31]

Source: Section 433.390 — County dog control fund; sources and uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 435.060 — OR Code / Title 36 / Chapter 435 / Section 435.060
435.060 Revocation of licenses and seizure of equipment
Status: in_force

(1) Notwithstanding ORS chapter 183, the State Board of Pharmacy may revoke any license for violation of ORS 435.010 (License required for manufacture or sale of contraceptives) to 435.130 (Jurisdiction over prosecutions) by notice in writing to the holder of such license, stating specifically the reasons for revocation.

(2) The board shall transmit a copy of such revocation to the Attorney General, who shall thereupon instruct the sheriff of the county in which such licensee is doing business thereunder to seize the written license. [Amended by 1969 c.328 §5; 1971 c.734 §49; 1975 c.285 §3]

Source: Section 435.060 — Revocation of licenses and seizure of equipment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors435.­html (accessed May 26, 2025).
ORS § 432.350 — OR Code / Title 36 / Chapter 432 / Section 432.350
432.350 Vital records exempt from public disclosure
Status: in_force

(1) Intentionally left blank —Ed.

(a) Vital records and reports, and documents, data and information related to vital records and reports, are exempt from public disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . Except as provided in this section and ORS 432.380 (Issuance of certified copies of records) or rules adopted by the State Registrar of the Center for Health Statistics as described in paragraph (b) of this subsection, a person may not disclose or allow a person to inspect vital records or reports or related documents, data or information.

(b) The state registrar may adopt rules permitting the disclosure of vital records and reports and related documents, data or information if the disclosure is for public health purposes or if the state registrar otherwise determines that:

(A) The requestor has a valid need for the information;

(B) The information cannot be obtained from other sources;

(C) The requestor is authorized to receive the information; and

(D) The integrity of the vital record or report can be assured.

(2) Intentionally left blank —Ed.

(a) Personally identifiable information that may be used to identify a natural person named in a vital record or report may be disclosed for health research purposes after submission of a written request for the information by a researcher and the approval of the state registrar through the execution of a written research agreement that:

(A) Describes the research project;

(B) Documents, if necessary, applicable institutional review board approvals; and

(C) Protects the confidentiality and security of the information provided.

(b) An agreement entered into under this subsection:

(A) Must:

(i) Prohibit, except as explicitly permitted in the agreement, the further release of the personally identifiable information by the researcher unless explicitly authorized by the state registrar; and

(ii) Specify that the state continues to own the information provided to the requester; and

(B) May require payment for the use of the requested information.

(3) A government agency may be furnished, upon written request and the approval of the state registrar, with copies of documents or other data from the system of vital statistics, provided that the copies or data are used solely in the conduct of the government agency’s official duties. Before furnishing information under this subsection, the state registrar and the government agency requesting the copies or data shall enter into a data sharing agreement that clearly specifies the uses for the copies or data. An agreement entered into under this subsection:

(a) Must:

(A) Contain measures to protect the confidentiality and security of the copies or data;

(B) Prohibit the further release of any personally identifiable information by the government agency unless explicitly provided in the agreement; and

(C) Specify that the state continues to own the copies or data; and

(b) May require payment for the use of the requested copies or data.

(4) The federal agency responsible for national vital statistics may be furnished with copies of records, reports or other data from the system of vital statistics as necessary for the maintenance of national statistics, provided that the agency shares in the cost of collecting, processing and transmitting the information and that the agency does not use the information for purposes other than statistical purposes unless the use is explicitly authorized by the state registrar. Before furnishing information under this subsection, the state registrar and the agency shall enter into a data sharing agreement that clearly specifies the uses for the information. An agreement entered into under this subsection must:

(a) Prohibit the further release of any information by the agency unless explicitly authorized by the state registrar; and

(b) Specify that the state continues to own the information.

(5) Intentionally left blank —Ed.

(a) The state registrar, pursuant to an interjurisdictional exchange agreement, may transmit copies of records, reports or other documents or other data from the system of vital statistics to offices of vital statistics in other states or neighboring countries. The exchange agreement must specify the purposes for which the copies or data may be used by the other state or neighboring country and provide instructions for the proper retention and disposition of the copies and data.

(b) Copies of records, reports or other documents or other data received by the Center for Health Statistics as a result of the exchange agreement are confidential and not subject to public disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) , and the state or neighboring country in which the vital event occurred continues to own the copies and data.

(c) An exchange agreement entered into under this subsection may not allow the disclosure of copies of records, reports or other documents or other data of a vital event that did not occur in the state or country that is transmitting the information.

(6) When the death of a person who was born in this state or was a resident of this state at the time of death occurs in a country other than the United States, the state registrar shall receive a report of death from the United States Department of Defense or the United States Department of State.

(7) When 100 years have elapsed after the date of live birth for births occurring after 1914, 50 years have elapsed after the date of death for deaths occurring after 1964, 50 years have elapsed after the date of fetal death for fetal deaths occurring after 1964 or 50 years have elapsed after the date of marriage, domestic partnership, dissolution of marriage or dissolution of domestic partnership for such events occurring after 1964, the record available for disclosure under this section, whether in paper, electronic or other form, may be transferred to the State Archives as a public record in accordance with archival procedures for the continued safekeeping of the vital records. The State Archives may not charge the Center for Health Statistics for the transfer and maintenance of historic vital records under this subsection. The state registrar shall adopt rules to ensure that, for records of dissolution of marriage or dissolution of domestic partnership issued in proceedings under ORS 106.300 (Short title) to 106.340 (Certain privileges, immunities, rights, benefits and responsibilities granted or imposed) or 107.085 (Petition) or 107.485 (Conditions for summary dissolution procedure) , the Social Security numbers of the parties are kept confidential and exempt from public disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . Prior to transferring records of live birth and death, the state registrar shall redact all information identified as having only a medical or health purpose in the United States Standard Certificates of Live Birth and Death and the Report of Fetal Death or by rule of the state registrar.

(8) A decision of the state registrar with regard to the disclosure of vital records, reports and related documents, data and information is a final agency determination. If the state registrar refuses an inspection under this section, the person seeking inspection may proceed in the manner set forth in ORS 183.484 (Jurisdiction for review of orders other than contested cases) .

(9) Nothing in this section prohibits the state registrar from publishing statistical compilations or reports for public health purposes if the compilations and reports do not contain personally identifiable information. [Formerly 432.121]

Source: Section 432.350 — Vital records exempt from public disclosure; exceptions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors432.­html (accessed May 26, 2025).
ORS § 450.140 — OR Code / Title 36 / Chapter 450 / Section 450.140
450.140 Assessment ordinance
Status: in_force

If any of the cost of sewers, drains or sewage treatment plants is assessed against the property directly benefited thereby, the board shall, before attempting to make the improvement or assessment, adopt a general ordinance providing for the method of assessment. The ordinance shall:

(1) Contain provision for notice to property owners of intention to make the assessment and improvement.

(2) Provide that notice shall be not less than 20 days before action is taken thereon.

(3) Provide an opportunity for property owners to appear before the board for the purpose of remonstrating against assessments.

(4) Provide for the general method of assessing the property directly benefited and of the recording of liens against the property directly benefited, and of making supplementary assessments and rebates.

Source: Section 450.140 — Assessment ordinance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 443.465 — OR Code / Title 36 / Chapter 443 / Section 443.465
443.465 Secure residential treatment homes and facilities
Status: in_force

(1) The Oregon Health Authority shall adopt rules applicable to secure residential treatment homes and facilities as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) that house persons who, as a condition of release under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) , are required to live in a secure home or facility. The rules must:

(a) Provide minimum security, health and safety standards;

(b) Require the home or facility to have an emergency preparedness plan;

(c) Set minimum training standards for the staff of the home or facility; and

(d) Ensure compliance with any orders of the court or the Psychiatric Security Review Board.

(2) As used in this section, a residential treatment home or facility is “secure” if a resident exit from the home, facility or grounds of the home or facility is restricted through the use of locking devices on resident exit doors, gates or other closures. [2009 c.475 §1; 2011 c.720 §200]

Note: 443.465 (Secure residential treatment homes and facilities) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

REGISTERED COMMUNITY-BASED STRUCTURED HOUSING FACILITIES

Source: Section 443.465 — Secure residential treatment homes and facilities; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 447.233 — OR Code / Title 36 / Chapter 447 / Section 447.233
447.233 Accessible parking space requirements
Status: reserved

(1) The Director of the Department of Consumer and Business Services shall include in the state building code, as defined in ORS 455.010 (Definitions for ORS chapter 455) , a requirement that the number of accessible parking spaces specified in subsection (2) of this section be provided for affected buildings subject to the state building code and that the spaces be signed as required by subsection (2) of this section. Spaces may also be marked in a manner specified in the state building code.

(2) Intentionally left blank —Ed.

(a) The number of accessible parking spaces shall be:

Required Required

Required Minimum Number Minimum Number of

Total Parking Minimum Number of of Van “Wheelchair User

In Lot Accessible Spaces Accessible Spaces Only” Spaces

1 to 25 1 1 -

26 to 50 2 1 -

51 to 75 3 1 -

76 to 100 4 1 -

101 to 150 5 - 1

151 to 200 6 - 1

201 to 300 7 - 1

301 to 400 8 - 1

401 to 500 9 - 2

501 to 1,000 2% of total - 1 in every 8

accessible spaces or

portion thereof

1,001 and over 20 plus 1 for each - 1 in every 8

100 over 1,000 accessible spaces or

portion thereof

(b) In addition, one in every eight accessible spaces, but not less than one, shall be van accessible. Where five or more parking spaces are designated accessible, any space that is designated as van accessible shall be reserved for wheelchair users. A van accessible parking space shall be at least nine feet wide and shall have an adjacent access aisle that is at least eight feet wide.

(c) Accessible parking spaces shall be at least nine feet wide and shall have an adjacent access aisle that is at least six feet wide.

(d) The access aisle shall be located on the passenger side of the parking space except that two adjacent accessible parking spaces may share a common access aisle.

(e) A sign shall be posted for each accessible parking space. The sign shall be clearly visible to a person parking in the space, shall be marked with the International Symbol of Access and shall indicate that the spaces are reserved for persons with disabled person parking permits. A van accessible parking space shall have an additional sign marked “Van Accessible” mounted below the sign. A van accessible parking space reserved for wheelchair users shall have a sign that includes the words “Wheelchair User Only.”

(f) Accessible parking spaces and signs shall be designed in compliance with the standards set forth by the Oregon Transportation Commission in consultation with the Oregon Disabilities Commission.

(3) No ramp or obstacle may extend into the parking space or the aisle, and curb cuts and ramps may not be situated in such a way that they could be blocked by a legally parked vehicle.

(4) Parking spaces required by this section shall be maintained so as to meet the requirements of this section at all times and to meet the standards established by the state building code.

(5) The director is authorized to inspect parking spaces and facilities and buildings subject to the provisions of this section, and to do whatever is necessary to enforce the requirements, including the maintenance requirements, of this section. Municipalities and counties may administer and enforce the requirements of this section in the manner provided under ORS 455.148 (Comprehensive municipal building inspection programs) or 455.150 (Selective municipal building inspection programs) for administration and enforcement of specialty codes. All plans for parking spaces subject to the provisions of this section must be approved by the director prior to the creation of the spaces.

(6) Requirements adopted under this section do not apply to long-term parking facilities at the Portland International Airport.

(7) Any reported violation of this section shall be investigated by the administrative authority. The administrative authority shall make a final decision and order correction, if necessary, within 30 days of notification. Any aggrieved person may appeal within 30 days of the decision by the administrative authority to the appropriate municipal appeals board or, at the option of the local jurisdiction, directly to the Building Codes Structures Board established under ORS 455.132 (Building Codes Structures Board) . The appeal shall be acted upon within 60 days of filing. The decision of the municipal appeals board may be appealed to the board. The board shall act on the appeal within 60 days of filing. All appeals to the board shall be filed in accordance with ORS 455.690 (Appeal to advisory boards) . [1979 c.809 §2; 1981 c.275 §1; 1983 c.338 §930; 1987 c.187 §1; 1989 c.243 §15; 1991 c.741 §6; 1993 c.503 §8; 1993 c.744 §77; 2001 c.573 §5; 2007 c.468 §1]

Source: Section 447.233 — Accessible parking space requirements; inspection of spaces; violation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors447.­html (accessed May 26, 2025).
ORS § 431.405 — OR Code / Title 36 / Chapter 431 / Section 431.405
431.405 Purpose of ORS 431.380 to 431.510
Status: in_force

It is the purpose of ORS 431.380 (Distribution of funds) to 431.510 (Facilities and funds for local public health authorities) to encourage improvement and standardization of health departments in order to provide a more effective and more efficient public health service throughout the state. [1961 c.610 §1]

Source: Section 431.405 — Purpose of ORS 431.380 to 431.510 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431.­html (accessed May 26, 2025).
ORS § 431a.430 — OR Code / Title 36 / Chapter 431a / Section 431a.430
431A.430 Air conditioner and air filter deployment program
Status: in_force

(1) As used in this section:

(a) “Air conditioner” means a portable, stand-up air conditioner that has an energy efficiency ratio rating of eight or higher.

(b) Intentionally left blank —Ed.

(A) “Air filter” means an air filtering device that uses a high-efficiency particulate air (HEPA) filter to remove contaminating particles from the air.

(B) “Air filter” does not include a device that is labeled an “air purifier” and that uses an electrostatic or ionizing process.

(c) “Eligible distribution entity” means a:

(A) Local government as defined in ORS 174.116 (“Local government” and “local service district” defined) ;

(B) Local housing authority;

(C) Nonprofit organization;

(D) Federally recognized Indian tribe in Oregon;

(E) Indian health center;

(F) Coordinated care organization as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) ;

(G) Community action agency as described in ORS 458.505 (Community action agency network as delivery system for federal antipoverty programs) ;

(H) Manufactured dwelling park nonprofit cooperative as defined in ORS 62.803 (Definitions for ORS 62.800 to 62.815) ;

(I) Landlord that has a residential tenant who has received medical assistance through the Oregon Health Authority, the Department of Human Services or Medicare within the past 12 months;

(J) Electric utility as defined in ORS 757.600 (Definitions for ORS 757.600 to 757.687) ; or

(K) Natural gas utility as defined in ORS 757.392 (Definitions) .

(d) “Medical assistance” has the meaning given that term in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) .

(2) Intentionally left blank —Ed.

(a) The Oregon Health Authority shall create a program to:

(A) Acquire a supply of air conditioners and air filters; and

(B) Distribute the air conditioners and air filters to eligible distribution entities that will provide the air conditioners and air filters on an emergency basis to eligible individuals as described in subsection (4) of this section.

(b) The Oregon Health Authority may provide or contract with one or more third parties to administer the program.

(3) The administrator of the program shall:

(a) Determine the percentage of program funds needed to support the costs of installation and materials for installation.

(b) Determine the percentage of program funds, but no more than 10 percent of program funds, needed to cover the costs of the authority or a third party or parties and eligible distribution entities in administering the program.

(c) Make technical assistance resources available to individuals who receive an air conditioner or air filter under the program that answer questions about the installation, use and maintenance of the air conditioners and air filters.

(d) Provide technical assistance to eligible distribution entities, including assistance that supports the distribution, installation and maintenance of the air conditioners and air filters.

(4) An eligible distribution entity may distribute air conditioners and air filters under this section only to individuals who:

(a) Are eligible to receive medical assistance through the Oregon Health Authority, the Department of Human Services or Medicare, or have received any of these services in the past 12 months;

(b) Reside in any type of housing or recreational vehicle, as defined in ORS 174.101 (“Manufactured structure,” “recreational vehicle” defined) , that has electricity for operating the air conditioner or air filter; and

(c) Upon receiving an air conditioner or air filter, provide an attestation that the individual can safely and legally install the air conditioner or air filter in the individual’s home or recreational vehicle.

(5) The Oregon Health Authority shall make available a list of eligible distribution entities participating in the program to:

(a) Individuals who are eligible to receive medical assistance through the Oregon Health Authority or Department of Human Services.

(b) The 2-1-1 system provided for in ORS 403.400 (Legislative findings) to 403.430 (Contributions to support 2-1-1 system) .

(c) The Housing and Community Services Department.

(6) The Oregon Health Authority and any eligible distribution entity participating in the program are immune from civil liability for:

(a) The functioning, safety or impact of any air conditioner or air filter distributed by the program.

(b) Any heat-related health impacts to an individual using an air conditioner or air filter distributed by the program.

(7) The Oregon Health Authority shall adopt rules to implement the program. [2022 c.86 §7]

Source: Section 431A.430 — Air conditioner and air filter deployment program; eligibility; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).
ORS § 447.100 — OR Code / Title 36 / Chapter 447 / Section 447.100
447.100 Restriction on tank-type water closets in certain buildings
Status: in_force

(1) No new hotel, motel, apartment house, dwelling, office building or other structure shall be constructed which employs a tank-type water closet that is not approved by the Director of the Department of Consumer and Business Services, with the approval of the State Plumbing Board, as meeting adequate standards of safety and sanitation.

(2) The director, with the approval of the board, shall cause to have adopted and published, pursuant to ORS chapter 183, a list of approved types of tank-type water closets meeting the requirements of this section. [1977 c.171 §2; 1981 c.438 §36; 1985 c.590 §2; 1993 c.744 §70]

Source: Section 447.100 — Restriction on tank-type water closets in certain buildings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors447.­html (accessed May 26, 2025).
ORS § 431.350 — OR Code / Title 36 / Chapter 431 / Section 431.350
431.350 Oregon Health Authority to adopt rules for ORS 431.330 to 431.350
Status: in_force

Upon receipt of written approval from the Conference of Local Health Officials the Oregon Health Authority shall adopt rules necessary for the administration of ORS 431.330 (Members) to 431.350 (Oregon Health Authority to adopt rules for ORS 431.330 to 431.350) . [1967 c.146 §4 (enacted in lieu of 431.320); 1977 c.582 §24;

2009 c.595 §558]

Source: Section 431.350 — Oregon Health Authority to adopt rules for ORS 431.330 to 431.350 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431.­html (accessed May 26, 2025).
ORS § 446.410 — OR Code / Title 36 / Chapter 446 / Section 446.410
446.410 Use of fees
Status: in_force

Fees collected by the Department of Consumer and Business Services pursuant to ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) and 446.395 (License required) to 446.420 (License required to maintain action) shall be deposited in the Consumer and Business Services Fund established by ORS 705.145 (Consumer and Business Services Fund) and are continuously appropriated to the department for use as provided in ORS 446.423 (Use of moneys) . [1989 c.683 §6; 1993 c.744 §62; 2001 c.411 §15; 2001 c.710 §7a]

Source: Section 446.410 — Use of fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors446.­html (accessed May 26, 2025).
ORS § 433.845 — OR Code / Title 36 / Chapter 433 / Section 433.845
433.845 Prohibition on aerosolizing, smoking or vaporizing in public place or place of employment
Status: in_force

(1) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument in a public place or place of employment except as provided in ORS 433.850 (Prohibition on aerosolizing, smoking or vaporizing in place of employment) .

(2) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument within 10 feet of the following parts of public places or places of employment:

(a) Entrances;

(b) Exits;

(c) Windows that open; and

(d) Ventilation intakes that serve an enclosed area.

(3) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument in a room during the time that jurors are required to use the room. [1981 c.384 §3; 1985 c.752 §1; 2007 c.602 §3; 2015 c.158 §16]

Source: Section 433.845 — Prohibition on aerosolizing, smoking or vaporizing in public place or place of employment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 453.726 — OR Code / Title 36 / Chapter 453 / Section 453.726
453.726 Definitions for ORS 453.726 to 453.734
Status: in_force

As used in ORS 453.726 (Definitions for ORS 453.726 to 453.734) to 453.734 (Prohibition on use of tanning devices by persons under 18 years of age) , unless the context requires otherwise:

(1) “Phototherapy device” means equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease or illness.

(2) “Tanning device” means any equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin including, but not limited to, a sunlamp, tanning booth or tanning bed. “Tanning device” also means any accompanying equipment including, but not limited to, protective eye wear, timers and handrails.

(3) “Tanning facility” means any location, place, area, structure or business that provides persons access to any tanning device. [Formerly 431.925]

Source: Section 453.726 — Definitions for ORS 453.726 to 453.734 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 441.111 — OR Code / Title 36 / Chapter 441 / Section 441.111
441.111 Definitions
Status: in_force

As used in ORS 441.111 (Definitions) to 441.119 (Exemptions) and 441.993 (Civil penalties and administrative actions) :

(1) “Care facility” includes:

(a) A long term care facility;

(b) A residential care facility, including an assisted living facility, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) ; and

(c) An adult foster home, as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825) .

(2) “Gender expression” means an individual’s gender-related appearance and behavior, whether or not these are stereotypically associated with the sex the individual was assigned at birth.

(3) Intentionally left blank —Ed.

(a) “Gender identity” means an individual’s internal, deeply held knowledge or sense of the individual’s gender, regardless of physical appearance, surgical history, genitalia, legal sex, sex assigned at birth or name and sex as it appears in medical records or as it is described by any other individual, including a family member, conservator or legal representative of the individual.

(b) “Gender identity” means the gender identity last expressed by an individual who lacks the present ability to communicate.

(4) “Gender nonconforming” means having a gender expression that does not conform to stereotypical expectations of one’s gender.

(5) “Gender transition” means a process by which an individual begins to live according to that individual’s gender identity rather than the sex the person was assigned at birth. The process may include changing the individual’s clothing, appearance, name or identification documents or undergoing medical treatments.

(6) “Harass” or “harassment” includes:

(a) To act in a manner that is unwanted, unwelcomed or uninvited, that demeans, threatens or offends a resident and results in a hostile environment for a resident.

(b) To require a resident to show identity documents in order to gain entrance to a restroom or other area of a care facility that is available to other individuals of the same gender identity as the resident.

(7) “LGBTQIA2S+” means lesbian, gay, bisexual, transgender, queer, intersex, asexual, Two Spirit, nonbinary or other minority gender identity or sexual orientation.

(8) “Resident” means a resident or a patient of a care facility.

(9) “Sexual orientation” means romantic or sexual attraction, or a lack of romantic or sexual attraction, to other people.

(10) “Staff” or “staff person” means one or more individuals who:

(a) Are employed by a care facility to provide services or supports directly to residents; or

(b) Contract with or are employed by an entity that contracts with the care facility to provide services or supports directly to residents.

(11) “Transgender” means having a gender identity or gender expression that differs from the sex one was assigned at birth, regardless of whether one has undergone or is in the process of undergoing gender-affirming care. [2023 c.567 §2]

Source: Section 441.111 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 441.776 — OR Code / Title 36 / Chapter 441 / Section 441.776
441.776 Hospital service staffing committee
Status: in_force

(1) Intentionally left blank —Ed.

(a) For each hospital there shall be established a hospital service staffing committee. A hospital service staffing committee shall consist of an equal number of service staff managers and service staff who work at the hospital.

(b) If the service staff who work at the hospital have an exclusive representative, the exclusive representative shall select the service staff members of the hospital service staffing committee.

(c) If none of the service staff who work at the hospital have an exclusive representative, the service staff managers shall select the service staff members of the hospital service staffing committee.

(2) A hospital service staffing committee shall develop a written hospital-wide hospital service staffing plan in accordance with subsection (5) of this section. The committee shall review and modify the staffing plan as needed in accordance with this section.

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

(4) A hospital service staffing committee must have two cochairs. One cochair shall be a service staff manager elected by the members of the committee who are service staff managers. The other cochair shall be a service staff person elected by the members of the committee who are service staff.

(5) A hospital service staffing committee shall develop a hospital service staffing plan that is consistent with the approved nurse staffing plan for the hospital and that takes into account the professional and technical staffing plan for the hospital developed under ORS 441.775 (Hospital professional and technical staffing committee) . The committee shall consider the following criteria in developing the staffing plan:

(a) The hospital’s census;

(b) Location of the patients;

(c) Patient types and patient acuity;

(d) National standards, if any;

(e) The size of the hospital and square footage of the hospital;

(f) Ensuring patient access to care; and

(g) Feedback received during committee meetings from staff.

(6) Intentionally left blank —Ed.

(a) A hospital service staffing committee must adopt a hospital service staffing plan by a majority vote of the members of the committee. If a quorum of members present at a meeting comprises an unequal number of service staff and service staff managers, only an equal number of staff and managers may vote. A staffing plan adopted by the committee must include a summary of the committee’s consideration of the criteria in subsection (5) of this section and how the plan:

(A) Is consistent with the approved nurse staffing plan for the hospital; and

(B) Takes into account the professional and technical staffing plan for the hospital that was developed in accordance with ORS 441.775 (Hospital professional and technical staffing committee) .

(b) If the hospital service staffing committee does not adopt a hospital service staffing plan or adopts only a part of the staffing plan, either cochair may invoke the commencement of a 60-day period during which the committee shall continue to develop the staffing plan. If, by the end of the 60-day period, the committee does not adopt a staffing plan or adopts only part of a staffing plan, the committee shall submit the disputed plan or parts of the plan, as applicable, including a summary of the committee’s consideration of the criteria in subsection (5) of this section, to the chief executive officer of the hospital. No later than 60 days after receiving the submission from the committee, the chief executive officer or the chief executive officer’s designee shall decide the disputed plan or parts of the plan, as applicable, considering the summary of the committee’s consideration of the criteria in subsection (5) of this section, and adopt the staffing plan or parts of the staffing plan that were not adopted by the committee. The chief executive officer or the chief executive officer’s designee shall provide to the committee:

(A) A written explanation of the staffing plan or the parts of the staffing plan that were in dispute;

(B) The final written proposals of the members of the committee and the members’ rationales for their proposals and the committee’s summary of the committee’s consideration of the criteria in subsection (5) of this section; and

(C) A summary of the consideration by the chief executive officer or the chief executive officer’s designee of the criteria in subsection (5) of this section.

(c) If the hospital service staffing committee is unable to reach an agreement on the hospital service staffing plan during the 60-day period invoked under paragraph (b) of this subsection, the members of the committee may extend deliberations for one additional 60-day period before the disputed plan or parts of the plan must be submitted to the chief executive officer or the chief executive officer’s designee in accordance with paragraph (b) of this subsection. The deliberations may be extended under this paragraph only by a majority vote of the members of the committee. If a quorum of members present at a meeting comprises an unequal number of hospital service staff and hospital service managers, only an equal number of staff and managers may vote.

(d) A hospital service staffing plan adopted by a hospital service staffing committee, a chief executive officer or the chief executive officer’s designee must include any staffing-related terms and conditions that were previously adopted through any applicable collective bargaining agreement, including any meal break and rest break requirements, unless a term or condition is in direct conflict with an applicable statute or administrative rule.

(7) A hospital service staffing committee must meet three times each year and at the call of either cochair, at a time and place specified by the cochairs.

(8) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, a hospital service staffing committee meeting must be open to:

(A) The hospital’s service staff, who shall be offered the opportunity to provide feedback to the committee during the committee’s meetings; and

(B) Other observers or presenters invited by either cochair.

(b) While the committee is deliberating or voting during a meeting, either cochair may exclude individuals described in paragraph (a) of this subsection.

(9) Minutes must be taken at every hospital service staffing committee meeting and the minutes must:

(a) Include all motions made and the outcome of all votes taken;

(b) Include a summary of all discussions; and

(c) Be made available in a timely manner to any of the hospital staff upon request.

(10) A manager shall release from their duties staff and managers who serve on the hospital service staffing committee and compensate the staff and managers who serve on the committee for time spent attending committee meetings.

(11) The hospital shall submit the hospital service staffing plan adopted under subsection (6) of this section to the Oregon Health Authority no later than 30 days after adoption of the staffing plan and shall submit any subsequent changes to the authority no later than 30 days after the changes are adopted.

(12) Each hospital unit, as defined by the chief executive officer or the chief executive officer’s designee, may deviate from the hospital service staffing plan within a period of 12 consecutive hours, no more than six times during a rolling 30-day period, without being in violation of the staffing plan. The unit manager must notify the hospital service staffing committee cochairs no later than 10 days after each deviation. Each subsequent deviation during the 30-day period constitutes a separate violation under ORS 441.792 (Disposition of complaints) . [2023 c.507 §4]

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

Source: Section 441.776 — Hospital service staffing committee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 443.008 — OR Code / Title 36 / Chapter 443 / Section 443.008
443.008 Fitness determinations
Status: in_force

(1) As used in this section:

(a) “Direct care services” means services provided to clients of the Department of Human Services or the Oregon Health Authority by:

(A) An adult foster home, as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825) ;

(B) A home care worker, as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625) ;

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

(D) A service provider as defined in ORS 427.101 (Definitions for ORS 427.115, 427.121, 427.154, 427.215, 430.662 and 430.664) .

(b) “Fitness determination” means the evaluation of whether a subject individual or other individual providing direct care services is fit to hold a position, provide direct care services or be granted a license, certification, registration or permit to provide direct care services.

(c) “Qualified entity” has the meaning given that term in ORS 181A.190 (Criminal records check) .

(d) “Subject individual” means a person who is:

(A) Employed by or who seeks to be employed by the authority or the department;

(B) A volunteer or who seeks to be a volunteer to provide care on behalf of the authority or the department; or

(C) Providing care or who seeks to provide care on behalf of the authority or the department.

(2) The department and the authority shall prescribe by rule the criteria to be considered in making fitness determination findings of abuse that are substantiated. The criteria must include the types of substantiated abuse for which a subject individual may be found to be unfit and conditions, if any, for the reinstatement of a subject individual who is found to be unfit.

(3) A subject individual who is found to be unfit is entitled to challenge the fitness determination in a contested case hearing conducted in accordance with ORS chapter 183. The subject individual may not challenge a finding of substantiated abuse or criminal conviction that was the basis for the fitness determination but may contest the weight accorded the evidence, mitigating factors or other aspects of the evaluation. The individual may be represented by an attorney or other person or, if the individual is a member of a bargaining unit, by the certified or recognized exclusive representative for the bargaining unit.

(4) This section applies to fitness determinations for providers of direct care services conducted under ORS 181A.195 (Criminal records check) (10) or 443.004 (Criminal records check required for employees and volunteers providing direct care) (7). [2019 c.517 §1; 2021 c.97 §59]

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

Source: Section 443.008 — Fitness determinations; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 436.265 — OR Code / Title 36 / Chapter 436 / Section 436.265
436.265 Appointment of counsel
Status: in_force

(1) If the respondent requests counsel but is determined to be financially eligible for appointed counsel at state expense, the court shall appoint suitable counsel to represent the respondent at state expense.

(2) If the respondent is not represented by counsel and appears to be unable to request counsel, the court shall appoint suitable counsel to represent the respondent.

(3) Counsel appointed by the court shall be paid compensation, as provided in ORS 135.055 (Compensation and expenses of appointed counsel) . When the court appoints counsel and the respondent is without sufficient financial means to employ counsel, the compensation for counsel and reasonable expenses of investigation, preparation and presentation paid or incurred shall be determined and paid as provided in ORS 135.055 (Compensation and expenses of appointed counsel) . [1983 c.460 §9; 2001 c.962 §75]

Source: Section 436.265 — Appointment of counsel; payment of expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors436.­html (accessed May 26, 2025).
ORS § 453.879 — OR Code / Title 36 / Chapter 453 / Section 453.879
453.879 Director of the Department of Consumer and Business Services to be notified of determination
Status: in_force

When the Director of the Oregon Health Authority or a designee thereof, the State Fire Marshal or designee thereof or any law enforcement agency makes a determination that property subject to ORS 105.555 (Places declared nuisances subject to abatement) , 431.175 (Warrant procedure) and 453.855 (Purpose) to 453.912 (Governmental immunity from liability) is not fit for use, the Director of the Oregon Health Authority or designee thereof shall notify the Director of the Department of Consumer and Business Services of the determination. The Director of the Department of Consumer and Business Services shall list the property as not fit for use until the Director of the Department of Consumer and Business Services is notified that the property has been certified by the Oregon Health Authority pursuant to ORS 453.885 (Decontamination of property) , or the initial determination is reversed on appeal, or the property is destroyed. Upon receipt of the certificate, the Director of the Department of Consumer and Business Services shall cause the property to be removed from the list described in this section. [1989 c.915 §10; 2003 c.14 §279; 2009 c.595 §927]

Source: Section 453.879 — Director of the Department of Consumer and Business Services to be notified of determination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 450.690 — OR Code / Title 36 / Chapter 450 / Section 450.690
450.690 Public body
Status: in_force

A water authority is a public body for the purposes of ORS chapter 287A, and revenue bonds issued by a water authority shall be issued in accordance with ORS chapter 287A. [1987 c.863 §8; 1993 c.577 §29; 2007 c.783 §187]

Source: Section 450.690 — Public body; issuance of revenue bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 443.410 — OR Code / Title 36 / Chapter 443 / Section 443.410
443.410 Single license required
Status: in_force

(1) A license issued by the Department of Human Services is required in order to operate or maintain a residential care facility, residential training facility or residential training home.

(2) A license issued by the Oregon Health Authority is required in order to operate or maintain a residential treatment facility or residential treatment home.

(3) A facility may not be subject to licensing by both the department and the authority under this section. If a facility could be licensed under either subsection (1) or (2) of this section, the Director of Human Services and the Director of the Oregon Health Authority shall determine the category of licensure that applies to the facility. [1977 c.717 §3; 1983 c.510 §19; 1989 c.224 §96; 1989 c.488 §2; 1991 c.801 §2; 2007 c.70 §246; 2009 c.595 §779; 2011 c.720 §198a]

Source: Section 443.410 — Single license required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 454.535 — OR Code / Title 36 / Chapter 454 / Section 454.535
454.535 Sewage Treatment Works Construction Account
Status: in_force

There is established in the General Fund of the State Treasury a Sewage Treatment Works Construction Account. All moneys in the Sewage Treatment Works Construction Account are appropriated continuously for and shall be used by the Environmental Quality Commission in carrying out the purposes of ORS 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account) . [Formerly 449.485]

Source: Section 454.535 — Sewage Treatment Works Construction Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors454.­html (accessed May 26, 2025).
ORS § 441.991 — OR Code / Title 36 / Chapter 441 / Section 441.991
441.991 Civil penalty for violation of ORS 441.098
Status: in_force

If the Health Licensing Office or the appropriate health professional regulatory board takes disciplinary action under ORS 441.099 (Health Licensing Office to ensure compliance with ORS 441.098) , the office or board may also impose a civil penalty of not more than $1,000 on a health practitioner for violating ORS 441.098 (Health practitioner referral of patient to treatment or diagnostic testing facility) (2), (3), (4) or (5). [2013 c.552 §3]

Note: 441.991 (Civil penalty for violation of ORS 441.098) 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 441.991 — Civil penalty for violation of ORS 441.098 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 453.380 — OR Code / Title 36 / Chapter 453 / Section 453.380
453.380 Regional hazardous material response team
Status: in_force

In order to protect life and property against the dangers of emergencies involving a hazardous substance as defined in ORS 453.307 (Definitions for ORS 453.307 to 453.414) , the State Fire Marshal may assign and make available for use and duty in any county, city or district, under the direction and command of a person designated by the State Fire Marshal, any part of a regional hazardous material response team and specialized equipment that may be necessary to respond to the emergency. [1989 c.833 §81]

Source: Section 453.380 — Regional hazardous material response team; use , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).
ORS § 431a.505 — OR Code / Title 36 / Chapter 431a / Section 431a.505
431A.505 Duties of board
Status: in_force

(1) The Spinal Cord Injury Research Board may solicit, receive and review applications from public and private agencies, organizations and research institutions for grants from the Spinal Cord Injury Research Fund created under ORS 431A.510 (Spinal Cord Injury Research Fund) , to conduct research programs that focus on the treatment and cure of spinal cord injury.

(2) After review of a grant application, the board shall grant approval of the application and disburse moneys from the Spinal Cord Injury Research Fund if the application meets the criteria established by the board and if money exists in the fund.

(3) The board may solicit contributions to the fund from public and private sources.

(4) The board shall provide the Governor and the Legislative Assembly with a biennial report no later than January 31 of each odd-numbered year that summarizes the status of funds appropriated for spinal cord injury research and the progress of the board in encouraging spinal cord injury research. [Formerly 431.292]

Source: Section 431A.505 — Duties of board; grants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).
ORS § 454.660 — OR Code / Title 36 / Chapter 454 / Section 454.660
454.660 Delegation of variance powers
Status: in_force

(1) The Environmental Quality Commission shall delegate on such general conditions as it may find appropriate the power to grant variances to special variance officers appointed by the Director of the Department of Environmental Quality. Decisions of the variance officers to grant variances may be appealed to the Environmental Quality Commission.

(2) Variance officers appointed under this section shall be persons qualified in soil sciences and possessing knowledge of and experience in subsurface sewage disposal methods.

(3) Each request for a variance under ORS 454.657 (Variance from subsurface sewage disposal system rules or standards) shall be heard by the appropriate variance officer in the county within which the parcel of real property described in the variance request is located.

(4) Each request for a variance shall be heard by the appropriate variance officer within 30 days after the date on which a completed application for a variance has been received by the Department of Environmental Quality. A decision shall be made by the variance officer within 45 days after completion of the hearing on the variance request. [1975 c.309 §3]

Source: Section 454.660 — Delegation of variance powers; appeal; qualification of officers; hearing and decision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors454.­html (accessed May 26, 2025).
ORS § 442.853 — OR Code / Title 36 / Chapter 442 / Section 442.853
442.853 Legislative findings
Status: in_force

The Legislative Assembly finds that Oregonians should be free from infections acquired during the delivery of health care. Action taken in this state to prevent health care acquired infections should be trustworthy, effective, transparent and reliable. [2007 c.838 §1]

Note: 442.853 (Legislative findings) to 442.856 (Health Care Acquired Infection Advisory Committee established) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 442 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 442.853 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 433.452 — OR Code / Title 36 / Chapter 433 / Section 433.452
433.452 Detaining persons exposed to reportable condition or condition that is basis for state of public health emergency
Status: in_force

(1) If the Public Health Director or the local public health administrator reasonably believes a person within the jurisdiction of the director or the administrator may have been exposed to a communicable disease identified by rule of the Oregon Health Authority to be a reportable disease or condition or a condition that is the basis for a state of public health emergency declared by the Governor as authorized by ORS 433.441 (Declaration of public health emergency) , the person may be detained for as long as reasonably necessary for the director or administrator to convey information to the person regarding the communicable disease or condition and to obtain contact information, including but not limited to the person’s residence and employment addresses, date of birth, telephone numbers and any other contact information required by the director or administrator.

(2) If a person detained under subsection (1) of this section refuses to provide the information requested, the director or administrator may impose a public health measure appropriate to the public health threat presented pursuant to ORS 433.035 (Testing or examination of persons with certain diseases or conditions) , 433.121 (Emergency administrative order for isolation or quarantine) and 433.123 (Petition for court order for isolation or quarantine) . [2003 c.555 §11; 2007 c.445 §27; 2009 c.595 §675]

Source: Section 433.452 — Detaining persons exposed to reportable condition or condition that is basis for state of public health emergency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 446.601 — OR Code / Title 36 / Chapter 446 / Section 446.601
446.601 Treatment of application provided by escrow agent
Status: in_force

(1) The Department of Consumer and Business Services shall treat an application described in ORS 446.591 (Exception to requirement for submitting information) (5):

(a) As an application for issuance of a replacement or original ownership document that reflects the sale of the manufactured structure or the creation or transfer of the security interest, or as an application to make other changes to an ownership document consistent with the transaction;

(b) As satisfactory proof that any previously issued ownership document for the manufactured structure is not available; and

(c) As a release of any perfected security interest in the manufactured structure by the holder or other person responsible for providing the application information, ownership document or other document evidencing ownership, or a release thereon.

(2) Upon receipt of an application described in ORS 446.591 (Exception to requirement for submitting information) (5) and the payment of appropriate fees, the department may issue a replacement or original ownership document for the manufactured structure, add or delete a security interest or make any other changes consistent with the transaction. The department shall send the ownership document to the holder of the earliest perfected unreleased security interest in the manufactured structure or, if none, to the owner. The department shall also send a copy of the ownership document to the county assessor for the county in which the manufactured structure is sited or being sited. [2003 c.655 §16]

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

Source: Section 446.601 — Treatment of application provided by escrow agent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors446.­html (accessed May 26, 2025).
ORS § 431.717 — OR Code / Title 36 / Chapter 431 / Section 431.717
431.717 Compelling adoption of resolution
Status: in_force

(1) Any person who may be adversely affected by the failure of a county court to adopt a resolution as required by ORS 431.715 (Resolution requesting Oregon Health Authority to initiate formation or annexation) (1) may seek to compel the adoption of such resolution through a writ of mandamus under ORS 34.105 (Definitions for ORS 34.105 to 34.240) to 34.240 (Appeal) .

(2) The prevailing party in a proceeding under ORS 34.105 (Definitions for ORS 34.105 to 34.240) to 34.240 (Appeal) authorized by subsection (1) of this section is entitled to reasonable attorney fees in addition to costs and necessary disbursements. [1981 c.888 §6]

Source: Section 431.717 — Compelling adoption of resolution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431.­html (accessed May 26, 2025).
ORS § 441.650 — OR Code / Title 36 / Chapter 441 / Section 441.650
441.650 Investigation of abuse complaint
Status: in_force

(1) Upon receipt of the oral or written report required under ORS 441.640 (Report of suspected abuse of resident required) , or of an abuse complaint, the area agency on aging, the Department of Human Services or the law enforcement agency shall cause an investigation to be commenced as follows:

(a) Within two hours, if the complaint alleges that a resident’s health or safety is in imminent danger or that the resident has recently died, been hospitalized or been treated in an emergency room; or

(b) Prior to the end of the next working day, if the complaint alleges that circumstances exist that could result in abuse and that the circumstances could place a resident’s health or safety in imminent danger.

(2) If the law enforcement agency conducting the investigation finds reasonable cause to believe that abuse has occurred, the law enforcement agency shall notify in writing the local office of the area agency or the department as appropriate. Except in cases where the investigation is part of nursing facility surveyor activity pursuant to federal law, the area agency or the department shall complete an initial status report within two working days of the start of the investigation that includes:

(a) A summary of the complaint that identifies each alleged incident or problem;

(b) The status of the investigation;

(c) Whether an abuse complaint was initially filed at the direction of the administration of the facility;

(d) A determination of whether protection of the resident is needed and whether the facility must take action;

(e) The name and telephone number of the investigator; and

(f) The projected date that the investigation report will be completed and a statement that the report will be available upon request after the department issues a letter of determination.

(3) The initial status report described in subsection (2) of this section shall be provided either in person or by mail to the following individuals as soon as practicable, but no later than two working days after its completion:

(a) The complainant, unless the complainant waives the requirement;

(b) If the complaint involves a specific resident, the resident or a person designated to receive information concerning the resident;

(c) A representative of the Long Term Care Ombudsman, upon request;

(d) The long term care facility; and

(e) The agency that licenses the facility.

(4) The initial status report described in subsection (2) of this section shall be available for public inspection.

(5) When copies of the initial status report described in subsection (2) of this section are made available to individuals listed in subsection (3) of this section, the names of the resident involved, the complainant and any individuals interviewed by the investigator shall be deleted from the copies.

(6) In investigating an abuse complaint, the investigator shall:

(a) Make an unannounced visit to the facility, except as provided by ORS 441.690 (Complainant may accompany investigator) , to determine the nature and cause of the abuse of the resident;

(b) Interview all available witnesses identified by any source as having personal knowledge relevant to the abuse complaint, such interviews to be private unless the witness expressly requests the interview not to be private;

(c) Make personal inspection of all physical circumstances that are relevant and material and that are susceptible to objective observation; and

(d) Write an investigation report that includes:

(A) The investigator’s personal observations;

(B) A review of documents and records;

(C) A summary of all witness statements; and

(D) A statement of the factual basis for the findings for each incident or problem alleged in the complaint.

(7) Within five working days of completion of the investigation and not later than 60 days from completion of the initial status report described in subsection (2) of this section, the investigator shall provide the department with the written report required by subsection (6) of this section. The department shall make the investigation report available upon request after the letter of determination is complete. When copies of the report are made available, the names of the resident involved, the complainant and any individuals interviewed by the investigator shall be deleted from the copies. [1979 c.770 §5; 1987 c.428 §29; 1993 c.759 §5; 2021 c.392 §2]

Source: Section 441.650 — Investigation of abuse complaint; initial status report; content; distribution of report; duties of investigator; investigation report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 441.084 — OR Code / Title 36 / Chapter 441 / Section 441.084
441.084 Choice of patient on suppliers of drugs and supplies
Status: in_force

(1) As used in this section, “supplier” includes an authorized representative of the patient who purchases nonprescriptive medication or nonprescriptive sickroom supplies at retail.

(2) A patient in a long term care facility or an intermediate care facility required to be licensed under ORS 441.015 (Licensing of facilities and health maintenance organizations) must have a choice:

(a) From among prescription drug delivery systems as long as the system selected:

(A) Provides for timely delivery of drugs;

(B) Provides adequate protection to prevent tampering with drugs;

(C) Provides that drugs are delivered in a unit of use compatible with the established system of the facility for dispensing drugs, whether that system is provided by a facility pharmacy or by a contract with a pharmacy; and

(D) Provides a 24-hour emergency service procedure either directly or by contract with another pharmacy;

(b) From among suppliers of nonprescriptive medication, although no facility is required to accept any opened container of such medication; and

(c) From among suppliers of nonprescriptive sickroom supplies as long as any items supplied can be maintained in a clean manner with equipment available at the facility.

(3) If the established system of the facility, whether that system is provided by a facility pharmacy or a pharmacy under contract, provides patient profile information, the pharmacy chosen by the patient under subsection (2)(a) of this section must also provide that information for any patient it serves at the facility. [1983 c.328 §1; 2007 c.71 §127]

Source: Section 441.084 — Choice of patient on suppliers of drugs and supplies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 433.267 — OR Code / Title 36 / Chapter 433 / Section 433.267
433.267 Immunization of school children
Status: in_force

(1) As a condition of attendance in any school or children’s facility in this state, every child through grade 12 shall submit to the administrator, unless the school or facility the child attends already has on file a record that indicates that the child has received immunizations against the restrictable diseases prescribed by rules of the Oregon Health Authority as provided in ORS 433.273 (Rules) , one of the following:

(a) A document signed by the parent, a practitioner of the healing arts who has within the scope of the practitioner’s license the authority to administer immunizations or a representative of the local health department certifying the immunizations the child has received;

(b) A document signed by a physician or a representative of the local health department stating that the child should be exempted from receiving specified immunization because of indicated medical diagnosis; or

(c) A document, on a form prescribed by the authority by rule and signed by the parent of the child, stating that the parent is declining one or more immunizations on behalf of the child. A document submitted under this paragraph:

(A) May include the reason for declining the immunization, including whether the parent is declining the immunization because of a religious or philosophical belief; and

(B) Must include either:

(i) A signature from a health care practitioner verifying that the health care practitioner has reviewed with the parent information about the risks and benefits of immunization that is consistent with information published by the Centers for Disease Control and Prevention and the contents of the vaccine educational module approved by the authority pursuant to rules adopted under ORS 433.273 (Rules) ; or

(ii) A certificate verifying that the parent has completed a vaccine educational module approved by the authority pursuant to rules adopted under ORS 433.273 (Rules) .

(2) Intentionally left blank —Ed.

(a) A newly entering child or a transferring child shall be required to submit the document described in subsection (1) of this section prior to attending the school or facility.

(b) Notwithstanding paragraph (a) of this subsection, a child transferring from a school in the United States must submit the document required by subsection (1) of this section not later than the exclusion date set by rule of the authority.

(3) Persons who have been emancipated pursuant to ORS 419B.558 (Entry of judgment of emancipation) or who have reached the age of consent for medical care pursuant to ORS 109.640 (Right to reproductive health care, medical treatment or dental treatment without parental consent) may sign those documents on their own behalf otherwise requiring the signatures of parents under subsection (1) of this section.

(4) The administrator shall conduct a primary evaluation of the records submitted pursuant to subsection (1) of this section to determine whether the child is entitled to begin attendance by reason of having submitted a document that complies with the requirements of subsection (1) of this section.

(5) If the records do not meet the initial minimum requirements established by rule, the child may not be allowed to attend until the requirements are met. If the records meet the initial minimum requirements, the child shall be allowed to attend.

(6) At the time specified by the authority by rule, records for children meeting the initial minimum requirements and records previously on file shall be reviewed for completion of requirements by the administrator to determine whether the child is entitled to continue in attendance. If the records do not comply, the administrator shall notify the local health department and shall transmit any records concerning the child’s immunization status to the local health department.

(7) The local health department shall provide for a secondary evaluation of the records to determine whether the child should be excluded for noncompliance with the requirements stated in subsection (1) of this section. If the child is determined to be in noncompliance, the local health department shall issue an exclusion order and shall send copies of the order to the parent or the person who is emancipated or has reached the age of majority and the administrator. On the effective date of the order, the administrator shall exclude the child from the school or facility and not allow the child to attend the school or facility until the requirements of this section have been met.

(8) The administrator shall readmit the child to the school or facility when in the judgment of the local health department the child is in compliance with the requirements of this section.

(9) The administrator shall be responsible for updating the document described in subsection (1)(a) of this section as necessary to reflect the current status of the immunization of the child and the time at which the child comes into compliance with immunizations against the restrictable diseases prescribed by rules of the authority pursuant to ORS 433.273 (Rules) .

(10) Nothing in this section shall be construed as relieving agencies, in addition to school districts, which are involved in the maintenance and evaluation of immunization records on April 27, 1981, from continuing responsibility for these activities.

(11) All documents required by this section shall be on forms approved or provided by the authority.

(12) In lieu of signed documents from practitioners, the authority may accept immunization record updates using practitioner documented immunization records generated by electronic means or on unsigned practitioner letterhead if the authority determines such records are accurate.

(13) As used in this section:

(a) “Newly entering child” means a child who is initially attending:

(A) A facility in this state;

(B) A school at the entry grade level;

(C) Either a school at any grade level or a facility from homeschooling; or

(D) A school at any grade level or a facility after entering the United States from another country.

(b) “Transferring child” means a child moving from:

(A) One facility to another facility;

(B) One school in this state to another school in this state when the move is not the result of a normal progression of grade level; or

(C) A school in another state to a school in this state. [1973 c.566 §2; 1977 c.457 §1; 1981 c.78 §4; 1991 c.255 §3; 1993 c.546 §139; 2001 c.900 §158; 2005 c.343 §3; 2009 c.595 §651; 2013 c.516 §1]

Source: Section 433.267 — Immunization of school children; rules; exceptions; effect of failure to comply , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 454.439 — OR Code / Title 36 / Chapter 454 / Section 454.439
454.439 Conditions for program
Status: in_force

(1) The Department of Environmental Quality shall use the moneys in the Assessment Deferral Loan Program Revolving Fund to provide funds for assessment deferral loan programs administered by public agencies that meet all of the following conditions:

(a) The program demonstrates that assessments or charges in lieu of assessments levied against benefited properties for construction of treatment works required by a federal grant agreement or by an order issued by a state commission or agency will subject property owners to extreme financial hardship.

(b) The governing body has adopted a program and the department has approved the program.

(c) The treatment works meets the requirements of section 2, Article XI-H of the Oregon Constitution concerning eligibility of pollution control bond funds.

(2) The department also may use the moneys in the Assessment Deferral Loan Program Revolving Fund to pay the expenses of the department in administering the Assessment Deferral Loan Program Revolving Fund and to repay capitalization loans.

(3) In administering the Assessment Deferral Loan Program Revolving Fund, the department shall:

(a) Allocate funds to public agencies for assessment deferral loan programs in accordance with a priority list adopted by the Environmental Quality Commission.

(b) Use accounting, audit and fiscal procedures that conform to generally accepted government accounting standards.

(c) Prepare any reports required by the federal government as a condition to the award of federal capitalization grants.

(4) The Department of Environmental Quality shall submit an informational report to the Joint Committee on Ways and Means or, if during the interim between sessions of the Legislative Assembly, to the Emergency Board or to the Joint Interim Committee on Ways and Means before awarding the first loan from the Assessment Deferral Loan Program Revolving Fund. The report shall describe the assessment deferral loan program and set forth in detail the operating procedures of the program. [Formerly 468.977; 2012 c.107 §15]

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

Source: Section 454.439 — Conditions for program; administrative expenses; priority; report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors454.­html (accessed May 26, 2025).
ORS § 440.400 — OR Code / Title 36 / Chapter 440 / Section 440.400
440.400 Expenditure and accounting of district funds
Status: in_force

(1) Except as otherwise provided by subsections (3) and (4) of this section, all moneys of a health district shall be deposited in accordance with ORS 295.001 (Definitions for ORS 295.001 to 295.108) to 295.108 (State Treasurer rules) , as designated by the district board. Moneys shall be withdrawn or paid out only when previously ordered by resolution or vote of the board, and upon checks signed as provided by subsection (2) of this section. Receipts or vouchers, showing clearly the nature and items covered by each check drawn, shall be kept on file.

(2) Except for checks issued in accordance with subsection (3) of this section, checks of a district shall be signed:

(a) By the treasurer and countersigned by the chairperson, or in the absence or inability of the chairperson to act, by the secretary; or

(b) By an administrative employee of the district designated by the board of directors, and countersigned by a director of the district.

(3) The district board may, by resolution:

(a) Set aside specified amounts from moneys available for operating the district hospital facility; and

(b) Delegate to an administrative officer of the district in charge of the hospital facility the authority to approve specified claims for expenses previously authorized by the board and to issue and sign checks in payment thereof.

(4) Moneys of a health district may be invested as provided by ORS 294.035 (Investment of funds of political subdivisions) and 294.040 (Restriction on investments under ORS 294.035) . [Formerly 441.365; 1983 c.699 §3; 2001 c.215 §7; 2019 c.587 §40]

Source: Section 440.400 — Expenditure and accounting of district funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors440.­html (accessed May 26, 2025).
ORS § 431.045 — OR Code / Title 36 / Chapter 431 / Section 431.045
431.045 Public Health Officer
Status: in_force

(1) The Director of the Oregon Health Authority shall appoint a Public Health Officer who shall be responsible for the medical and paramedical aspects of the health programs within the Oregon Health Authority. The Public Health Officer must be a physician licensed under ORS chapter 677 who:

(a) Is certified by the American Board of Preventive Medicine or the board of a primary care clinical specialty such as internal medicine, family medicine or pediatrics; and

(b) Has at least two years of experience working for a local, state or federal public health authority.

(2) The Public Health Officer:

(a) Is responsible for the duties imposed by 42 U.S.C. 300ff-133(g) and 300ff-136;

(b) May appoint a local health officer for a county that has transferred the responsibility of the local public health authority in the county to the Oregon Health Authority under ORS 431.382 (Transfer of local public health authority’s responsibility) ; and

(c) May adopt rules to carry out the officer’s responsibilities under this subsection. [1971 c.650 §2; 1973 c.358 §5; 1977 c.267 §18; 1987 c.618 §1; 2001 c.900 §143; 2007 c.71 §119; 2009 c.595 §533; 2013 c.61 §1; 2015 c.318 §7; 2019 c.321 §2]

Source: Section 431.045 — Public Health Officer; appointment; qualifications; duties; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431.­html (accessed May 26, 2025).
ORS § 443.460 — OR Code / Title 36 / Chapter 443 / Section 443.460
443.460 Exemptions
Status: in_force

(1) The Director of Human Services may exempt from the license, inspection and fee provisions of ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) residential care facilities in those counties where there is a county agency which provides similar programs for licensing and inspection that the director finds are equal to or superior to the requirements of ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) .

(2) Pursuant to an exemption as provided in subsection (1) of this section, the director may provide funds and other resources to the county necessary to enable the county to perform the licensing and inspection functions. [1987 c.548 §4; 2009 c.595 §790]

Source: Section 443.460 — Exemptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 442.710 — OR Code / Title 36 / Chapter 442 / Section 442.710
442.710 Application for approval of cooperative program
Status: in_force

(1) The Oregon Health and Science University and one or more entities, each of which operates at least three hospitals in a single urban area in this state, may apply to the Director of the Oregon Health Authority for approval of a cooperative program. The application shall include an executed written copy of all agreements for the cooperative program.

(2) An application for approval of a cooperative program shall be made in the form and manner and shall set forth any information regarding the proposed cooperative program that the director may prescribe. The information shall include, but not be limited to:

(a) A list of the names of all health care providers who propose to provide heart and kidney transplant services under the cooperative program, together with appropriate evidence of compliance with any licensing or certification requirements for those health care providers to practice in this state. In the case of employed physicians, the list and the information to be submitted may be limited to the employer or organizational unit of the employer;

(b) A description of the activities to be conducted by the cooperative program;

(c) A description of proposed anticompetitive practices listed in ORS 442.715 (Authorized practices under approved cooperative program) , any practices that the parties anticipate will have significant anticompetitive effects and a description of practices of the cooperative program affecting costs, prices, personnel positions, capital expenditures and allocation of resources;

(d) A list of the goals identified in ORS 442.705 (Legislative findings) (2) that the cooperative program expects to achieve;

(e) A description of the proposed places and manner of providing heart and kidney transplant services and services related to heart and kidney transplants under the cooperative program;

(f) A proposed budget for operating the cooperative program;

(g) Satisfactory evidence of financial ability to deliver heart and kidney transplant services in accordance with the cooperative program;

(h) The agreement that establishes the cooperative program and policies that shall govern it; and

(i) Other information the director believes will assist in determining whether the cooperative program will likely achieve the goals listed in ORS 442.705 (Legislative findings) (2).

(3) The director shall review the application in accordance with the provisions of this section and shall grant, deny or request modification of the application within 90 days of the date the application is filed. The director shall hold one or more public hearings on the application, which shall conclude no later than 80 days after the date the application is filed. The decision of the director on an application shall be considered an order in a contested case for the purposes of ORS chapter 183.

(4) The director shall approve an application made under subsection (2) of this section after:

(a) The applicants have demonstrated they will achieve at least six of the goals of ORS 442.700 (Definitions for ORS 442.700 to 442.760) to 442.760 (Status to contest order) and 646.740 (Permitted activities) , including at least the goals identified in ORS 442.705 (Legislative findings) (2)(a) to (d); and

(b) The director has reviewed and approved the specifics of the anticompetitive activity expected to be conducted by the cooperative program.

(5) In evaluating the application, the director shall consider whether a cooperative program will contribute to or detract from achieving the goals listed in ORS 442.705 (Legislative findings) (2). The director may weigh goals relating to circumstances that are likely to occur without the cooperative program, and relating to existing circumstances. The director may also consider whether any alternative arrangements would be less restrictive of competition while achieving the same goals.

(6) An order approving a cooperative program shall identify and define the limits of the permitted activities for purposes of granting antitrust immunity under ORS 442.700 (Definitions for ORS 442.700 to 442.760) to 442.760 (Status to contest order) .

(7) An order approving a cooperative program shall include:

(a) Approval of specific activities listed in ORS 442.715 (Authorized practices under approved cooperative program) ;

(b) Approval of activities the director anticipates will have substantial anticompetitive effects;

(c) Approval of the proposed budget of the cooperative program;

(d) The goals listed in ORS 442.705 (Legislative findings) (2) that the cooperative program is expected to achieve; and

(e) Approval of the cooperative program as described in the application and a finding that the cooperative program is in the public interest.

(8) An order denying the application for a cooperative program shall identify the findings of fact and reasons supporting denial.

(9) Either the director or all the parties to the cooperative program may request a modification of an application made under this section. A request for a modification shall result in one extension of 30 days after submission of the modified application. The director shall issue an order under this section within 30 days after submission of the modified application. [1993 c.769 §14; 2009 c.595 §757]

Source: Section 442.710 — Application for approval of cooperative program; form; content; review; modification; order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 433.740 — OR Code / Title 36 / Chapter 433 / Section 433.740
433.740 Policy
Status: in_force

The Legislative Assembly finds that the uncontrolled outdoor gatherings of large groups of persons for extended periods of time have necessitated a need for the establishment of reasonable health and safety rules to regulate such outdoor mass gatherings. [1971 c.597 §1]

Source: Section 433.740 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).
ORS § 443.850 — OR Code / Title 36 / Chapter 443 / Section 443.850
443.850 Definitions for ORS 443.850 to 443.869
Status: in_force

As used in ORS 443.850 (Definitions for ORS 443.850 to 443.869) to 443.869 (Civil penalties) :

(1) “Hospice program” means a coordinated program of home and inpatient care, available 24 hours a day, that utilizes an interdisciplinary team of personnel trained to provide palliative and supportive services to a patient-family unit experiencing a life threatening disease with a limited prognosis. A hospice program is an institution for purposes of ORS 146.100 (Where death considered to have occurred) .

(2) “Hospice services” means items and services provided to a patient-family unit by a hospice program or by other individuals or community agencies under a consulting or contractual arrangement with a hospice program. Hospice services include acute, respite, home care and bereavement services provided to meet the physical, psychosocial, spiritual and other special needs of a patient-family unit during the final stages of illness, dying and the bereavement period.

(3) “Interdisciplinary team” means a group of individuals working together in a coordinated manner to provide hospice care. An interdisciplinary team includes, but is not limited to, the patient-family unit, the patient’s attending physician or clinician and one or more of the following hospice program personnel:

(a) Physician.

(b) Physician assistant.

(c) Nurse practitioner.

(d) Nurse.

(e) Nurse’s aide.

(f) Occupational therapist.

(g) Physical therapist.

(h) Trained lay volunteer.

(i) Clergy or spiritual counselor.

(j) Credentialed mental health professional such as psychiatrist, psychologist, psychiatric nurse or social worker.

(k) Naturopathic physician.

(4) “Patient-family unit” includes an individual who has a life threatening disease with a limited prognosis and all others sharing housing, common ancestry or a common personal commitment with the individual.

(5) “Person” includes individuals, organizations and groups of organizations. [1987 c.398 §1; 1989 c.697 §3; 2007 c.474 §1; 2009 c.793 §6; 2014 c.45 §63; 2017 c.356 §73]

Source: Section 443.850 — Definitions for ORS 443.850 to 443.869 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 441.323 — OR Code / Title 36 / Chapter 441 / Section 441.323
441.323 Effect of trust or temporary management on prior obligations or civil or criminal liabilities
Status: in_force

(1) Nothing in ORS 441.277 (Definitions for ORS 441.277 to 441.323) to 441.323 (Effect of trust or temporary management on prior obligations or civil or criminal liabilities) is intended:

(a) To relieve any licensee of the facility placed in trust under ORS 441.281 (Petition for appointment of trustee) or under temporary management pursuant to ORS 441.333 (Appointment of temporary manager) of any civil or criminal liability incurred, or any duty imposed by law by reason of acts or omissions of the licensee prior to the appointment of a trustee under ORS 441.281 (Petition for appointment of trustee) .

(b) To suspend any obligation of the licensee for payment of taxes or other operating and maintenance expenses of the facility or payment of mortgages or other liens during the term of the trust or the temporary management.

(2) A licensee may not be held professionally liable for acts or omissions of the trustee or the trustee’s employees during the term of the trust or of the temporary manager or the temporary manager’s employees during the period of temporary management. [1981 c.868 §13; 2009 c.539 §11]

Source: Section 441.323 — Effect of trust or temporary management on prior obligations or civil or criminal liabilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 431a.335 — OR Code / Title 36 / Chapter 431a / Section 431a.335
431A.335 List of high priority chemicals of concern in cosmetic products
Status: in_force

(1) Intentionally left blank —Ed.

(a) The Oregon Health Authority shall adopt by rule and maintain a list of high priority chemicals of concern used in cosmetic products and practical quantification limits for each of those chemicals.

(b) The authority may include a class of chemicals on the list. If the authority includes a class of chemicals on the list, the authority may exclude from the list specific members of the class of chemicals that do not share the same hazards as the other members of the class of chemicals.

(2) In adopting by rule the practical quantification limits for chemicals or classes of chemicals on the list, the authority shall consider guidance developed by the State of Washington and other federal, state, international and nongovernmental organizations with the applicable expertise.

(3) The authority shall post the list of high priority chemicals on its website. For each high priority chemical or class of high priority chemicals on the list, the authority shall post information regarding the known health impacts associated with exposure to the chemical or class of chemicals.

(4) The authority shall review and revise the list of high priority chemicals every three years. In completing the revisions under this subsection, the authority:

(a) Shall consider adding or removing a chemical or class of chemicals from the list of high priority chemicals if the chemical or class of chemicals is added to or removed from a list maintained by another state agency, another state or a federal agency that the authority has identified by rule as a list intended to identify high priority chemicals; and

(b) May remove a chemical or class of chemicals from the list of high priority chemicals if the authority determines that the chemical or class of chemicals is no longer being used in cosmetic products.

(5) The authority shall update the list of high priority chemicals on its website within one year after the date on which a chemical or class of chemicals is added to or removed from the list. [2023 c.575 §2]

Note: 431A.335 (List of high priority chemicals of concern in cosmetic products) becomes operative January 1, 2027. See section 6, chapter 575, Oregon Laws 2023.

Source: Section 431A.335 — List of high priority chemicals of concern in cosmetic products; practical quantification limits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).
ORS § 431a.275 — OR Code / Title 36 / Chapter 431a / Section 431a.275
431A.275 Civil penalty for violation of ORS 431A.258, 431A.260 or 431A.263
Status: in_force

(1) Except as provided in subsection (5) of this section, the Oregon Health Authority may impose a civil penalty on a manufacturer of children’s products for a violation of any provision of ORS 431A.258 (Disclosure by manufacturers) , 431A.260 (Requirement to remove or substitute high priority chemicals of concern) or 431A.263 (Process for substituting chemicals) .

(2) For purposes of assessing civil penalties under this section, a violation consists of a single course of conduct with regard to an entire children’s product line that is sold or offered for sale in this state.

(3) The authority shall adopt by rule a schedule of civil penalties for violations of ORS 431A.258 (Disclosure by manufacturers) , 431A.260 (Requirement to remove or substitute high priority chemicals of concern) and 431A.263 (Process for substituting chemicals) . A civil penalty may not exceed $5,000 for the first violation. A civil penalty may not exceed $10,000 for the second and each subsequent violation.

(4) In imposing a penalty under subsection (1) or (5) of this section, the authority shall consider the following factors:

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

(b) Any prior violations of statutes, rules, orders or permits pertaining to high priority chemicals of concern for children’s health used in children’s products.

(c) The gravity and magnitude of the violation.

(d) Whether the violation was a sole event, repeated or continuous.

(e) Whether the violation was a result of an unavoidable accident, negligence or an intentional act.

(f) The violator’s cooperativeness and efforts to correct the violation.

(g) The economic and financial conditions of the manufacturer incurring a penalty.

(h) If a manufacturer asserts that a high priority chemical of concern for children’s health used in children’s products is present in a children’s product only as a contaminant, evidence that the manufacturer conducted a manufacturing control program for the contaminant that meets or exceeds the minimum requirements for a manufacturing control program adopted by rule by the authority under ORS 431A.258 (Disclosure by manufacturers) (5) and exercised due diligence.

(5) Intentionally left blank —Ed.

(a) If a manufacturer violates the notice requirement described in ORS 431A.258 (Disclosure by manufacturers) or 431A.263 (Process for substituting chemicals) , the authority shall provide the manufacturer with written notice informing the manufacturer of the violation and stating that the manufacturer may avoid a civil penalty for the violation by providing the proper notice required under ORS 431A.258 (Disclosure by manufacturers) or 431A.263 (Process for substituting chemicals) within 90 days.

(b) If the manufacturer fails to cure the violation within 90 days, the authority may impose a civil penalty not to exceed $2,500. For a continuing violation, each 90-day period that the violation continues after the preceding imposition of a civil penalty is a separate offense subject to a separate civil penalty not to exceed $5,000. The authority is not required to provide the manufacturer with an opportunity to cure the continuing violation before imposing a civil penalty for the continuing violation.

(6) If the authority has reason to believe that a children’s product that contains a high priority chemical of concern for children’s health used in children’s products is being sold or offered for sale in this state in violation of ORS 431A.258 (Disclosure by manufacturers) , 431A.260 (Requirement to remove or substitute high priority chemicals of concern) or 431A.263 (Process for substituting chemicals) , the authority may request that the manufacturer provide a statement of compliance on a form provided by the authority. The manufacturer must submit the statement of compliance within 10 days after receipt of a request. To prove compliance with ORS 431A.258 (Disclosure by manufacturers) , 431A.260 (Requirement to remove or substitute high priority chemicals of concern) and 431A.263 (Process for substituting chemicals) , the manufacturer must:

(a) Show that the children’s product does not contain the high priority chemical of concern for children’s health used in children’s products;

(b) Show that the manufacturer has previously provided the authority with notice as required by ORS 431A.258 (Disclosure by manufacturers) ;

(c) Provide the authority with notice as required by ORS 431A.258 (Disclosure by manufacturers) ; or

(d) Provide the authority with documentation that the manufacturer has previously complied with ORS 431A.263 (Process for substituting chemicals) .

(7) Civil penalties described in this section shall be imposed in the manner provided in ORS 183.745 (Civil penalty procedures) .

(8) All civil penalties recovered under this section shall be paid into the High Priority Chemicals of Concern for Children’s Health Fund established under ORS 431A.278 (High Priority Chemicals of Concern for Children’s Health Fund) . [2015 c.786 §11]

Source: Section 431A.275 — Civil penalty for violation of ORS 431A.258, 431A.260 or 431A.263 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).
ORS § 431a.153 — OR Code / Title 36 / Chapter 431a / Section 431a.153
431A.153 Tobacco Use Reduction Account
Status: in_force

(1) There is established in the General Fund the Tobacco Use Reduction Account.

(2) Amounts credited to the Tobacco Use Reduction Account are continuously appropriated to the Oregon Health Authority for the funding of prevention and education programs designed to reduce cigarette and tobacco use. [Formerly 431.832]

Source: Section 431A.153 — Tobacco Use Reduction Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).
ORS § 448.325 — OR Code / Title 36 / Chapter 448 / Section 448.325
448.325 Injunction to enforce city ordinances
Status: in_force

In cases of violation of any ordinance adopted under ORS 448.300 (City ordinance authority) or 448.305 (Special ordinance authority of certain cities) any city or any corporation owning a domestic water supply source or the community water supply system for the purpose of supplying any city or its inhabitants with water may have the nuisance enjoined by civil action in the circuit court of the proper county. The injunction may be perpetual. [Formerly 449.340]

Source: Section 448.325 — Injunction to enforce city ordinances , https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html (accessed May 26, 2025).
ORS § 441.044 — OR Code / Title 36 / Chapter 441 / Section 441.044
441.044 Complaints about standard of care in facility
Status: in_force

(1) Rules adopted pursuant to ORS 441.025 (License issuance) shall include procedures for the filing of complaints as to the standard of care in any health care facility and provide for the confidentiality of the identity of any complainant.

(2) A health care facility, or person acting in the interest of the facility, may not take any disciplinary or other adverse action against any employee who in good faith brings evidence of inappropriate care or any other violation of law or rules to the attention of the proper authority solely because of the employee’s action as described in this subsection.

(3) Any employee who has knowledge of inappropriate care or any other violation of law or rules shall utilize established reporting procedures of the health care facility administration before notifying the Department of Human Services, Oregon Health Authority or other state agency of the alleged violation, unless the employee believes that patient health or safety is in immediate jeopardy or the employee makes the report to the department or the authority under the confidentiality provisions of subsection (1) of this section.

(4) The protection of health care facility employees under subsection (2) of this section shall commence with the reporting of the alleged violation by the employee to the administration of the health care facility or to the department, authority or other state agency pursuant to subsection (3) of this section.

(5) Any person suffering loss or damage due to any violation of subsection (2) of this section has a right of action for damages in addition to other appropriate remedy.

(6) The provisions of this section do not apply to a nursing staff, as defined in ORS 441.179 (Definitions for ORS 441.179 to 441.186) , who claims to be aggrieved by a violation of ORS 441.181 (Retaliation prohibited) committed by a hospital.

(7) Information obtained by the department or the authority during an investigation of a complaint or reported violation under this section is confidential and not subject to public disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . Upon the conclusion of the investigation, the department or the authority may publicly release a report of the department’s or the authority’s findings but may not include information in the report that could be used to identify the complainant or any patient at the health care facility. The department or the authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of a health care facility, and may report information obtained during an investigation to a health professional regulatory board as defined in ORS 676.160 (Definitions for ORS 676.165 to 676.180) , the Long Term Care Administrators Board, the Board of Licensed Dietitians or the Behavior Analysis Regulatory Board as that information pertains to a licensee of the board. [Formerly 441.057]

Source: Section 441.044 — Complaints about standard of care in facility; retaliation prohibited; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html (accessed May 26, 2025).
ORS § 431a.202 — OR Code / Title 36 / Chapter 431a / Section 431a.202
431A.202 Revocation, suspension, refusal to issue or renew
Status: in_force

(1) The Department of Revenue may revoke, suspend or refuse to issue or renew a license issued under ORS 431A.198 (Licensure) if the person that holds or seeks the license, an individual who participates in the management of the premises for which the license has been or would be issued or an individual who is employed for the purpose of making retail sales at the premises:

(a) Violates ORS 431A.190 (Definitions for ORS 431A.190 to 431A.216) to 431A.216 (Civil penalty for violation of ORS 431A.190 to 431A.216, other law, rule or regulation governing tobacco products or inhalant delivery systems) , a rule adopted under ORS 431A.190 (Definitions for ORS 431A.190 to 431A.216) to 431A.216 (Civil penalty for violation of ORS 431A.190 to 431A.216, other law, rule or regulation governing tobacco products or inhalant delivery systems) or any other state law or rule or federal law or regulation that governs the retail sale of tobacco products or inhalant delivery systems or state taxation;

(b) Violates an ordinance enacted by the governing body of a local public health authority or a rule adopted by a local public health authority that governs the retail sale of tobacco products or inhalant delivery systems; or

(c) Makes a false statement to the department.

(2) The department may only revoke, suspend or refuse to issue or renew a license pursuant to subsection (1)(b) of this section if a local public health authority:

(a) Has provided the person that holds or seeks the license, the individual who participates in the management of the premises for which the license has been or would be issued or the individual who is employed for the purpose of making retail sales at the premises with a process for contesting the violation that is substantially similar to the process provided under ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) ; and

(b) Provides the department with a final order establishing that the person or individual is in violation of an ordinance that is substantially similar to the requirements for a final order under ORS 183.470 (Orders in contested cases) .

(3) Except as provided by state tax law or as otherwise identified by the department by rule or order, a decision by the department to revoke, suspend or refuse to issue or renew a license under this section may be appealed as a contested case under ORS chapter 183.

(4) The department shall adopt rules to provide that, subject to subsection (2) of this section, a license issued under ORS 431A.198 (Licensure) must be suspended for an amount of time established by the department by rule if a person described in subsection (1) of this section is found to have committed an act described in subsection (1)(a) to (c) of this section three or more times. [2021 c.586 §7]

Source: Section 431A.202 — Revocation, suspension, refusal to issue or renew; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).
ORS § 442.831 — OR Code / Title 36 / Chapter 442 / Section 442.831
442.831 Powers of board relating to Oregon Patient Safety Reporting Program
Status: in_force

(1) Except as otherwise provided in ORS 442.819 (Definitions for ORS 442.819 to 442.851) to 442.851 (Limit on amounts collected to fund Oregon Patient Safety Reporting Program) , the Oregon Patient Safety Commission Board of Directors, or officials of the Oregon Patient Safety Commission acting under the authority of the board, shall exercise all the powers of the commission and shall govern the commission. The board shall adopt rules necessary for the implementation of the Oregon Patient Safety Reporting Program, including but not limited to:

(a) Developing a list of objective and definable adverse events to be reported by participants. In developing this list, the board shall consider similar lists developed in other states and nationally. The board may change the list from time to time.

(b) Developing a budget.

(c) Establishing a process to seek grants and other funding from federal and other sources.

(d) Establishing a method to determine participant fees, if necessary.

(e) Establishing auditing and oversight procedures, including a process to:

(A) Evaluate the effectiveness of the patient safety reporting program in advancing the mission of the commission described in ORS 442.820 (Oregon Patient Safety Commission) (2);

(B) Update, as needed, the list of adverse events developed under paragraph (a) of this subsection; and

(C) Obtain certification by the Public Health Officer that the commission is administering the patient safety reporting program consistent with the mission described in ORS 442.820 (Oregon Patient Safety Commission) (2) and the requirements of this section.

(2) The board may not use or disclose patient safety data reported, collected or developed pursuant to ORS 442.819 (Definitions for ORS 442.819 to 442.851) to 442.851 (Limit on amounts collected to fund Oregon Patient Safety Reporting Program) for purposes of any enforcement or regulatory action in relation to a participant.

(3) The board shall maintain the confidentiality of all patient safety data that identifies or could be reasonably used to identify a participant or an individual who is receiving or has received health care from the participant. [2003 c.686 §9; 2011 c.30 §3; 2023 c.89 §4]

Note: See note under 442.819 (Definitions for ORS 442.819 to 442.851) .

Source: Section 442.831 — Powers of board relating to Oregon Patient Safety Reporting Program; rules; confidentiality of patient safety data , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 432.108 — OR Code / Title 36 / Chapter 432 / Section 432.108
432.108 Report of live birth for child of unknown parentage
Status: in_force

(1) A person who assumes the custody of a child of unknown parentage shall report on a form and in a manner prescribed by the State Registrar of the Center for Health Statistics, within five calendar days of assuming custody, to the state registrar the following information:

(a) The date and the city or county, or both, where the child was found.

(b) Sex and approximate live birth date of child.

(c) Name and address of the person or institution with whom the child has been placed for care.

(d) Name given to the child by the custodian of the child.

(e) Other data required by the state registrar.

(2) The place where the child was found shall be entered as the place of live birth.

(3) Information submitted under this section shall constitute the report of live birth for the child.

(4) If the child is identified and a live birth registration is found or obtained, the report submitted under this section and the live birth registration resulting from that report shall be voided and placed under seal and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule of the state registrar. [Formerly 432.430]

Source: Section 432.108 — Report of live birth for child of unknown parentage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors432.­html (accessed May 26, 2025).
ORS § 443.867 — OR Code / Title 36 / Chapter 443 / Section 443.867
443.867 In-home care agency license not required for licensed hospice program to provide palliative care
Status: in_force

Notwithstanding ORS 443.305 (Definitions for ORS 443.305 to 443.350) to 443.350 (Applicability) requiring an in-home care agency to obtain a license to provide services that are necessary to assist an individual in meeting the individual’s daily needs but are not curative or rehabilitative, a hospice program licensed under ORS 443.860 (License required) is not required to be licensed as an in-home care agency under ORS 443.315 (License required) to provide palliative care, as defined by the Oregon Health Authority by rule. [2019 c.238 §2]

Source: Section 443.867 — In-home care agency license not required for licensed hospice program to provide palliative care , https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html (accessed May 26, 2025).
ORS § 450.867 — OR Code / Title 36 / Chapter 450 / Section 450.867
450.867 Election on ordinance adopted under ORS 450.865
Status: in_force

(1) If the ordinance adopted under ORS 450.865 (Ordinance specifying action of board at hearing) specifies that all or a part of the cost of construction of the installation is to be financed through the sale of general obligation bonds of the authority to be repaid by annual levies of taxes against property in the area, the board may call an election within the area to be directly benefited by the construction on the question of whether or not the construction and financing plan adopted by the ordinance should be implemented by the board. The date of the election and a brief description of the proposition to be voted upon shall be included in the ordinance adopted under ORS 450.865 (Ordinance specifying action of board at hearing) .

(2) If a majority of the electors voting on the question at the election vote against the proposal, there shall be no further proceedings in connection with the proposed construction. However, a modified proposal may be initiated within six months after the date of the election.

(3) If a majority of the qualified electors voting at the election approve the proposal, the board may proceed with the construction of the installation in accordance with the ordinance, subject to the right of property owners within the area to remonstrate under ORS 450.865 (Ordinance specifying action of board at hearing) . [1973 c.399 §6; 1975 c.647 §40; 1983 c.350 §273]

Source: Section 450.867 — Election on ordinance adopted under ORS 450.865 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors450.­html (accessed May 26, 2025).
ORS § 447.080 — OR Code / Title 36 / Chapter 447 / Section 447.080
447.080 City and county plumbing regulations
Status: in_force

No city or county shall enact or enforce any ordinances or building codes providing different requirements than those imposed by the state building code for the regulation of the business of master plumbing or the installation of drainage work unless authorized by the Director of the Department of Consumer and Business Services under ORS 455.040 (State building code preempts local ordinances and rules) . [Amended by 1955 c.548 §9; 1963 c.47 §1; 1973 c.834 §31; 1973 c.835 §228; 1985 c.590 §1]

Source: Section 447.080 — City and county plumbing regulations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors447.­html (accessed May 26, 2025).
ORS § 448.300 — OR Code / Title 36 / Chapter 448 / Section 448.300
448.300 City ordinance authority
Status: in_force

Cities may prescribe by ordinance what acts constitute offenses against the purity of the water supply and the punishment or penalties therefor and may enforce those ordinances within their corporate limits and on property described in ORS 448.295 (Jurisdiction of cities over property used for system or sources) . [Formerly 449.310]

Source: Section 448.300 — City ordinance authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html (accessed May 26, 2025).
ORS § 431a.460 — OR Code / Title 36 / Chapter 431a / Section 431a.460
431A.460 Legislative findings
Status: in_force

The Legislative Assembly recognizes that substance use disorders, including opioid and opiate addiction, negatively impact the residents of this state. Therefore, it is the intent of the Legislative Assembly that substance use disorders be considered as chronic illnesses for which commensurate treatment is available and provided. [2019 c.583 §1]

Source: Section 431A.460 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).
ORS § 442.490 — OR Code / Title 36 / Chapter 442 / Section 442.490
442.490 Rural Health Coordinating Council
Status: in_force

(1) In carrying out its responsibilities, the Office of Rural Health shall be advised by the Rural Health Coordinating Council. All members of the Rural Health Coordinating Council shall have knowledge, interest, expertise or experience in rural areas and health care delivery. The membership of the Rural Health Coordinating Council shall consist of:

(a) One primary care physician who is appointed by the office from a list of physicians recommended by the Oregon Medical Association and one primary care physician appointed by the office from a list of physicians recommended by the Osteopathic Physicians and Surgeons of Oregon;

(b) One nurse practitioner who is appointed by the office from a list of nurse practitioners recommended by the Oregon Nurses Association;

(c) One pharmacist who is appointed by the State Board of Pharmacy;

(d) Five consumers who are appointed by the Governor as follows:

(A) One consumer representative from each of three rural health service areas as defined by the office; and

(B) Two consumer representatives at large from communities of less than 3,500 people;

(e) One representative appointed by the office from a list of individuals recommended by the Conference of Local Health Officials;

(f) One volunteer emergency medical services provider from a community of less than 3,500 people appointed by office from a list of providers recommended by the Oregon EMS Association;

(g) One representative appointed by the office from a list of individuals recommended by the Oregon Association for Home Care;

(h) One representative from the Oregon Health and Science University, appointed by the president of the Oregon Health and Science University;

(i) One representative from the Oregon Association of Hospitals and Health Systems, appointed by the office from a list of individuals recommended by the Oregon Association of Hospitals and Health Systems;

(j) One dentist appointed by the office from a list of dentists recommended by the Oregon Dental Association;

(k) One optometrist appointed by the office from a list of optometrists recommended by the Oregon Optometric Physicians Association;

(L) One physician assistant who is appointed by the office from a list of physician assistants recommended by the Oregon Society of Physician Assistants; and

(m) One naturopathic physician appointed by the office from a list of physicians recommended by the Oregon Association of Naturopathic Physicians.

(2) The Rural Health Coordinating Council shall elect a chairperson and vice chairperson.

(3) A member of the council is entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) .

(4) The chairperson may appoint nonvoting, advisory members of the Rural Health Coordinating Council. However, advisory members without voting rights are not entitled to compensation or reimbursement as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) .

(5) Members shall serve for two-year terms.

(6) The Rural Health Coordinating Council shall report its findings to the Office of Rural Health. [1979 c.513 §5; 1981 c.693 §20; 1983 c.482 §19a; 1989 c.708 §2; 2011 c.703 §40; 2015 c.70 §14]

Source: Section 442.490 — Rural Health Coordinating Council; membership; terms; officers; compensation and expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html (accessed May 26, 2025).
ORS § 432.030 — OR Code / Title 36 / Chapter 432 / Section 432.030
432.030 Duties of state registrar
Status: in_force

(1) The State Registrar of the Center for Health Statistics shall:

(a) Administer and enforce the provisions of this chapter and the rules adopted under this chapter, and issue orders for the efficient administration of the system of vital statistics.

(b) Direct and supervise the system of vital statistics and the Center for Health Statistics, and be custodian of its records.

(c) Provide for the confidentiality and security of the system of vital statistics.

(d) Direct, supervise and control the activities of all persons engaged in activities pertaining to the operation of the system of vital statistics.

(e) Develop and conduct training programs to promote uniformity of policy and procedures throughout this state in matters pertaining to the system of vital statistics.

(f) Prescribe, furnish and distribute the forms required by this chapter or the rules adopted under this chapter, and prescribe other means for transmission of data, including electronic transmission of data, to accomplish the purpose of complete, accurate and timely reporting and registration.

(g) Prepare and publish reports of vital statistics of this state and such other reports as may be required by the Oregon Health Authority.

(h) Provide to local health agencies information derived from reports and records required under this chapter that the state registrar determines is necessary for local health planning and program activities.

(i) Intentionally left blank —Ed.

(A) Prepare a plan to provide for the continuity of operations of the system of vital statistics in the event of an emergency.

(B) The plan shall:

(i) Address, to the extent practicable, natural and man-made events that interrupt normal activities of the system of vital statistics;

(ii) Identify essential vital statistics services; and

(iii) Provide guidance for maintaining essential vital statistics services.

(C) Components of the plan shall include:

(i) Alternative locations for operations;

(ii) Identification of essential equipment and document needs, and a plan for obtaining those needs; and

(iii) Identification of essential staff and a means to communicate with that staff in an emergency.

(D) The plan is not subject to disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) , except to the extent that the state registrar deems necessary to implement the plan.

(2) The state registrar may establish or designate offices in this state to aid in the efficient administration of the system of vital statistics.

(3) The state registrar may delegate functions and duties vested in the state registrar to employees of the Center for Health Statistics and to employees of an office designated under ORS 432.035 (County registrars) . [Amended by 1975 c.605 §22; 1983 c.709 §4; 1997 c.783 §4; 2009 c.595 §609; 2013 c.366 §4]

Source: Section 432.030 — Duties of state registrar , https://www.­oregonlegislature.­gov/bills_laws/ors/ors432.­html (accessed May 26, 2025).
ORS § 431a.865 — OR Code / Title 36 / Chapter 431a / Section 431a.865
431A.865 Disclosure of information
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as provided under subsections (2) and (3) of this section, prescription monitoring information submitted under ORS 431A.860 (Duty of pharmacy to report to program) to the prescription monitoring program established in ORS 431A.855 (Establishment of program) :

(A) Is protected health information under ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) .

(B) Is confidential and not subject to disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) .

(b) Except as provided under subsection (3)(a)(H) of this section, prescription monitoring information submitted under ORS 431A.860 (Duty of pharmacy to report to program) to the prescription monitoring program may not be used to evaluate a practitioner’s professional practice.

(2) The Oregon Health Authority may review the prescription monitoring information of an individual who dies from a drug overdose.

(3) Intentionally left blank —Ed.

(a) Except as provided in paragraph (c) of this subsection, the Oregon Health Authority shall disclose prescription monitoring information reported to the authority under ORS 431A.860 (Duty of pharmacy to report to program) :

(A) To a practitioner or pharmacist, or, if a practitioner or pharmacist authorizes the authority to disclose the information to a member of the practitioner’s or pharmacist’s staff, to a member of the practitioner’s or pharmacist’s staff. If a practitioner or pharmacist authorizes disclosing the information to a member of the practitioner’s or pharmacist’s staff under this subparagraph, the practitioner or pharmacist remains responsible for the use or misuse of the information by the staff member. To receive information under this subparagraph, or to authorize the receipt of information by a staff member under this subparagraph, a practitioner or pharmacist must certify that the requested information is for the purpose of evaluating the need for or providing medical or pharmaceutical treatment for a patient to whom the practitioner or pharmacist anticipates providing, is providing or has provided care.

(B) To a dental director, medical director or pharmacy director, or, if a dental director, medical director or pharmacy director authorizes the authority to disclose the information to a member of the dental director’s, medical director’s or pharmacy director’s staff, to a member of the dental director’s, medical director’s or pharmacy director’s staff. If a dental director, medical director or pharmacy director authorizes disclosing the information to a member of the dental director’s, medical director’s or pharmacy director’s staff under this subparagraph, the dental director, medical director or pharmacy director remains responsible for the use or misuse of the information by the staff member. To receive information under this subparagraph, or to authorize the receipt of information by a staff member under this subparagraph:

(i) A dental director must certify that the requested information is for the purposes of overseeing the operations of a coordinated care organization, dental clinic or office, or a system of dental clinics or offices, and ensuring the delivery of quality dental care within the coordinated care organization, clinic, office or system.

(ii) A medical director must certify that the requested information is for the purposes of overseeing the operations of a coordinated care organization, hospital, health care clinic or system of hospitals or health care clinics and ensuring the delivery of quality health care within the coordinated care organization, hospital, clinic or system.

(iii) A pharmacy director must certify that the requested information is for the purposes of overseeing the operations of a coordinated care organization, pharmacy or system of pharmacies and ensuring the delivery of quality pharmaceutical care within the coordinated care organization, pharmacy or system.

(C) In accordance with subparagraphs (A) and (B) of this paragraph, to an individual described in subparagraphs (A) and (B) of this paragraph through a health information technology system that is used by the individual to access information about patients if:

(i) The individual is authorized to access the information in the health information technology system;

(ii) The information is not permanently retained in the health information technology system, except for purposes of conducting audits and maintaining patient records; and

(iii) The health information technology system meets any privacy and security requirements and other criteria, including criteria required by the federal Health Insurance Portability and Accountability Act, established by the authority by rule.

(D) To a practitioner in a form that catalogs all prescription drugs prescribed by the practitioner according to the number assigned to the practitioner by the Drug Enforcement Administration of the United States Department of Justice.

(E) To the Chief Medical Examiner or designee of the Chief Medical Examiner, for the purpose of conducting a medicolegal investigation or autopsy.

(F) To designated representatives of the authority or any vendor or contractor with whom the authority has contracted to establish or maintain the electronic system established under ORS 431A.855 (Establishment of program) .

(G) Pursuant to a valid court order based on probable cause and issued at the request of a federal, state or local law enforcement agency engaged in an authorized drug-related investigation involving a person to whom the requested information pertains.

(H) To a health professional regulatory board that certifies in writing that the requested information is necessary for an investigation related to licensure, license renewal or disciplinary action involving the applicant, licensee or registrant to whom the requested information pertains.

(I) Pursuant to an agreement entered into under ORS 431A.869 (Sharing and use of program information with other states) .

(b) The authority may disclose information from the prescription monitoring program that does not identify a patient, practitioner or drug outlet:

(A) For educational, research or public health purposes;

(B) For the purpose of educating practitioners about the prescribing of opioids and other controlled substances;

(C) To a health professional regulatory board;

(D) To a local public health authority, as defined in ORS 431.003 (Definitions) ; or

(E) To officials of the authority who are conducting special epidemiologic morbidity and mortality studies in accordance with ORS 413.196 (Confidentiality and inadmissibility of information obtained in connection with epidemiologic morbidity and mortality studies) and rules adopted under ORS 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) and 431.990 (Penalties) .

(c) The authority may not disclose, except as provided in paragraph (b) of this subsection:

(A) Prescription drug monitoring information to the extent that the disclosure fails to comply with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and regulations adopted under that law, including 45 C.F.R. parts 160 and 164, federal alcohol and drug treatment confidentiality laws and regulations, including 42 C.F.R. part 2, and state health and mental health confidentiality laws, including ORS 179.505 (Disclosure of written accounts by health care services provider) , 192.517 (Access to records of individual with disability or individual with mental illness) and 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) .

(B) The sex of a patient for whom a drug was prescribed.

(C) The identity of a patient for whom a short-acting opioid antagonist, as defined in ORS 689.800 (Opioid overdose) , was prescribed.

(d) The authority shall disclose information relating to a patient maintained in the electronic system established under ORS 431A.855 (Establishment of program) to that patient at no cost to the patient within 10 business days after the authority receives a request from the patient for the information.

(e) Intentionally left blank —Ed.

(A) A patient may request the authority to correct any information related to the patient that is maintained in the electronic system established under ORS 431A.855 (Establishment of program) that is erroneous. The authority shall grant or deny a request to correct information within 10 business days after the authority receives the request. If a request to correct information cannot be granted because the error occurred at the pharmacy where the information was inputted, the authority shall inform the patient that the information cannot be corrected because the error occurred at the pharmacy.

(B) If the authority denies a patient’s request to correct information under this paragraph, or fails to grant a patient’s request to correct information under this paragraph within 10 business days after the authority receives the request, the patient may appeal the denial or failure to grant the request. Upon receiving notice of an appeal under this subparagraph, the authority shall conduct a contested case hearing as provided in ORS chapter 183. Notwithstanding ORS 183.450 (Evidence in contested cases) , the authority has the burden in the contested case hearing of establishing that the information is correct.

(f) The information in the prescription monitoring program may not be used for any commercial purpose.

(g) In accordance with ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) and federal laws and regulations related to privacy, any person authorized to prescribe or dispense a prescription drug who is entitled to access a patient’s prescription monitoring information may discuss the information with or release the information to other health care providers involved with the patient’s care for the purpose of providing safe and appropriate care coordination.

(4) Intentionally left blank —Ed.

(a) The authority shall maintain records of the information disclosed through the prescription monitoring program including:

(A) The identity of each person who requests or receives information from the program and any organization the person represents;

(B) The information released to each person or organization; and

(C) The date and time the information was requested and the date and time the information was provided.

(b) Records maintained as required by this subsection may be reviewed by the Prescription Monitoring Program Advisory Commission.

(5) Information in the prescription monitoring program that identifies an individual patient must be removed no later than three years from the date the information is entered into the program.

(6) The authority shall notify the Attorney General and each individual affected by an improper disclosure of information from the prescription monitoring program of the disclosure.

(7) Intentionally left blank —Ed.

(a) If the authority or a person or entity required to report or authorized to receive or release prescription information under this section violates this section or ORS 431A.860 (Duty of pharmacy to report to program) or 431A.870 (Duty of pharmacist to fill prescription) , a person injured by the violation may bring a civil action against the authority, person or entity and may recover damages in the amount of $1,000 or actual damages, whichever is greater.

(b) Notwithstanding paragraph (a) of this subsection, the authority and a person or entity required to report or authorized to receive or release prescription information under this section are immune from civil liability for violations of this section or ORS 431A.860 (Duty of pharmacy to report to program) or 431A.870 (Duty of pharmacist to fill prescription) unless the authority, person or entity acts with malice, criminal intent, gross negligence, recklessness or willful intent.

(8) Nothing in ORS 431A.855 (Establishment of program) to 431A.900 (Civil penalty for violation of ORS 431A.855 to 431A.900) requires a practitioner or pharmacist who prescribes or dispenses a prescription drug to obtain information about a patient from the prescription monitoring program. A practitioner or pharmacist who prescribes or dispenses a prescription drug may not be held liable for damages in any civil action on the basis that the practitioner or pharmacist did or did not request or obtain information from the prescription monitoring program.

(9) The authority shall, at regular intervals, ensure compliance of a health information technology system described in subsection (3) of this section with the privacy and security requirements and other criteria established by the authority under subsection (3) of this section. [Formerly 431.966; 2016 c.100 §1; 2017 c.151 §24; 2017 c.683 §14; 2019 c.53 §2; 2019 c.470 §7; 2019 c.583 §18; 2023 c.593 §26]

Note: The amendments to 431A.865 (Disclosure of information) by section 6a, chapter 438, Oregon Laws 2023, become operative January 1, 2025, and apply 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. The text that is operative on and after January 1, 2025, is set forth for the user’s convenience.

431A.865 (Disclosure of information) . (1)(a) Except as provided under subsections (2) and (3) of this section, prescription monitoring information submitted under ORS 431A.860 (Duty of pharmacy to report to program) to the prescription monitoring program established in ORS 431A.855 (Establishment of program) :

(A) Is protected health information under ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) .

(B) Is confidential and not subject to disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) .

(b) Except as provided under subsection (3)(a)(H) of this section, prescription monitoring information submitted under ORS 431A.860 (Duty of pharmacy to report to program) to the prescription monitoring program may not be used to evaluate a practitioner’s professional practice.

(2) The Oregon Health Authority may review the prescription monitoring information of an individual who dies from a drug overdose.

(3) Intentionally left blank —Ed.

(a) Except as provided in paragraph (c) of this subsection, the Oregon Health Authority shall disclose prescription monitoring information reported to the authority under ORS 431A.860 (Duty of pharmacy to report to program) :

(A) Intentionally left blank —Ed.

(i) Subject to sub-subparagraph (ii) of this subparagraph, to a practitioner or pharmacist, or, if a practitioner or pharmacist authorizes the authority to disclose the information to a member of the practitioner’s or pharmacist’s staff, to a member of the practitioner’s or pharmacist’s staff. If a practitioner or pharmacist authorizes disclosing the information to a member of the practitioner’s or pharmacist’s staff under this subparagraph, the practitioner or pharmacist remains responsible for the use or misuse of the information by the staff member. To receive information under this subparagraph, or to authorize the receipt of information by a staff member under this subparagraph, a practitioner or pharmacist must certify that the requested information is for the purpose of evaluating the need for or providing medical or pharmaceutical treatment for a patient, or if applicable, a patient’s animal, to whom the practitioner or pharmacist anticipates providing, is providing or has provided care.

(ii) The authority may not disclose the information described in this subsection to a practitioner who is a veterinarian.

(B) To a dental director, medical director or pharmacy director, or, if a dental director, medical director or pharmacy director authorizes the authority to disclose the information to a member of the dental director’s, medical director’s or pharmacy director’s staff, to a member of the dental director’s, medical director’s or pharmacy director’s staff. If a dental director, medical director or pharmacy director authorizes disclosing the information to a member of the dental director’s, medical director’s or pharmacy director’s staff under this subparagraph, the dental director, medical director or pharmacy director remains responsible for the use or misuse of the information by the staff member. To receive information under this subparagraph, or to authorize the receipt of information by a staff member under this subparagraph:

(i) A dental director must certify that the requested information is for the purposes of overseeing the operations of a coordinated care organization, dental clinic or office, or a system of dental clinics or offices, and ensuring the delivery of quality dental care within the coordinated care organization, clinic, office or system.

(ii) A medical director must certify that the requested information is for the purposes of overseeing the operations of a coordinated care organization, hospital, health care clinic or system of hospitals or health care clinics and ensuring the delivery of quality health care within the coordinated care organization, hospital, clinic or system.

(iii) A pharmacy director must certify that the requested information is for the purposes of overseeing the operations of a coordinated care organization, pharmacy or system of pharmacies and ensuring the delivery of quality pharmaceutical care within the coordinated care organization, pharmacy or system.

(C) In accordance with subparagraphs (A) and (B) of this paragraph, to an individual described in subparagraphs (A) and (B) of this paragraph through a health information technology system that is used by the individual to access information about patients if:

(i) The individual is authorized to access the information in the health information technology system;

(ii) The information is not permanently retained in the health information technology system, except for purposes of conducting audits and maintaining patient records; and

(iii) The health information technology system meets any privacy and security requirements and other criteria, including criteria required by the federal Health Insurance Portability and Accountability Act, established by the authority by rule.

(D) To a practitioner in a form that catalogs all prescription drugs prescribed by the practitioner according to the number assigned to the practitioner by the Drug Enforcement Administration of the United States Department of Justice.

(E) To the Chief Medical Examiner or designee of the Chief Medical Examiner, for the purpose of conducting a medicolegal investigation or autopsy.

(F) To designated representatives of the authority or any vendor or contractor with whom the authority has contracted to establish or maintain the electronic system established under ORS 431A.855 (Establishment of program) .

(G) Pursuant to a valid court order based on probable cause and issued at the request of a federal, state or local law enforcement agency engaged in an authorized drug-related investigation involving a person to whom the requested information pertains.

(H) To a health professional regulatory board that certifies in writing that the requested information is necessary for an investigation related to licensure, license renewal or disciplinary action involving the applicant, licensee or registrant to whom the requested information pertains.

(I) Pursuant to an agreement entered into under ORS 431A.869 (Sharing and use of program information with other states) .

(J) To the director of the division of the authority that administers the state medical assistance program and the director of the division of the authority that administers the prescription drug program within the state medical assistance program, and authorized staff, after certification that the requested information is for purposes of overseeing the state medical assistance program, and to the Centers for Medicare and Medicaid Services for the purpose of ensuring the prescription monitoring program meets systems certification requirements. A disclosure under this subparagraph may be of only the minimum information necessary to fulfill the intended purposes. If a director described in this subparagraph authorizes disclosure to the director’s staff, the authorizing director remains responsible for the use or misuse of the information by the staff member.

(b) The authority may disclose information from the prescription monitoring program that does not identify a patient, practitioner or drug outlet:

(A) For educational, research or public health purposes;

(B) For the purpose of educating practitioners about the prescribing of opioids and other controlled substances;

(C) To a health professional regulatory board;

(D) To a local public health authority, as defined in ORS 431.003 (Definitions) ; or

(E) To officials of the authority who are conducting special epidemiologic morbidity and mortality studies in accordance with ORS 413.196 (Confidentiality and inadmissibility of information obtained in connection with epidemiologic morbidity and mortality studies) and rules adopted under ORS 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) and 431.990 (Penalties) .

(c) The authority may not disclose, except as provided in paragraph (b) of this subsection:

(A) Prescription drug monitoring information to the extent that the disclosure fails to comply with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and regulations adopted under that law, including 45 C.F.R. parts 160 and 164, federal alcohol and drug treatment confidentiality laws and regulations, including 42 C.F.R. part 2, and state health and mental health confidentiality laws, including ORS 179.505 (Disclosure of written accounts by health care services provider) , 192.517 (Access to records of individual with disability or individual with mental illness) and 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) .

(B) The sex of a patient for whom a drug was prescribed.

(C) Prescription drug monitoring information to a practitioner who is a veterinarian.

(d) The authority shall disclose information relating to a patient, and if applicable, the patient’s animal, maintained in the electronic system established under ORS 431A.855 (Establishment of program) to that patient at no cost to the patient within 10 business days after the authority receives a request from the patient for the information.

(e) Intentionally left blank —Ed.

(A) A patient may request the authority to correct any information related to the patient, or if applicable, the patient’s animal, that is maintained in the electronic system established under ORS 431A.855 (Establishment of program) that is erroneous. The authority shall grant or deny a request to correct information within 10 business days after the authority receives the request. If a request to correct information cannot be granted because the error occurred at the pharmacy where the information was inputted, the authority shall inform the patient that the information cannot be corrected because the error occurred at the pharmacy.

(B) If the authority denies a patient’s request to correct information under this paragraph, or fails to grant a patient’s request to correct information under this paragraph within 10 business days after the authority receives the request, the patient may appeal the denial or failure to grant the request. Upon receiving notice of an appeal under this subparagraph, the authority shall conduct a contested case hearing as provided in ORS chapter 183. Notwithstanding ORS 183.450 (Evidence in contested cases) , the authority has the burden in the contested case hearing of establishing that the information is correct.

(f) The information in the prescription monitoring program may not be used for any commercial purpose.

(g) In accordance with ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) and federal laws and regulations related to privacy, any person authorized to prescribe or dispense a prescription drug who is entitled to access a patient’s prescription monitoring information may discuss the information with or release the information to other health care providers involved with the patient’s care for the purpose of providing safe and appropriate care coordination.

(4) Intentionally left blank —Ed.

(a) The authority shall maintain records of the information disclosed through the prescription monitoring program including:

(A) The identity of each person who requests or receives information from the program and any organization the person represents;

(B) The information released to each person or organization; and

(C) The date and time the information was requested and the date and time the information was provided.

(b) Records maintained as required by this subsection may be reviewed by the Prescription Monitoring Program Advisory Commission.

(5) Information in the prescription monitoring program that identifies an individual patient must be removed no later than three years from the date the information is entered into the program.

(6) The authority shall notify the Attorney General and each individual affected by an improper disclosure of information from the prescription monitoring program of the disclosure.

(7) Intentionally left blank —Ed.

(a) If the authority or a person or entity required to report or authorized to receive or release prescription information under this section violates this section or ORS 431A.860 (Duty of pharmacy to report to program) or 431A.870 (Duty of pharmacist to fill prescription) , a person injured by the violation may bring a civil action against the authority, person or entity and may recover damages in the amount of $1,000 or actual damages, whichever is greater.

(b) Notwithstanding paragraph (a) of this subsection, the authority and a person or entity required to report or authorized to receive or release prescription information under this section are immune from civil liability for violations of this section or ORS 431A.860 (Duty of pharmacy to report to program) or 431A.870 (Duty of pharmacist to fill prescription) unless the authority, person or entity acts with malice, criminal intent, gross negligence, recklessness or willful intent.

(8) Nothing in ORS 431A.855 (Establishment of program) to 431A.900 (Civil penalty for violation of ORS 431A.855 to 431A.900) requires a practitioner or pharmacist who prescribes or dispenses a prescription drug to obtain information about a patient from the prescription monitoring program. A practitioner or pharmacist who prescribes or dispenses a prescription drug may not be held liable for damages in any civil action on the basis that the practitioner or pharmacist did or did not request or obtain information from the prescription monitoring program.

(9) The authority shall, at regular intervals, ensure compliance of a health information technology system described in subsection (3) of this section with the privacy and security requirements and other criteria established by the authority under subsection (3) of this section.

Source: Section 431A.865 — Disclosure of information; corrections; records; immunity from liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html (accessed May 26, 2025).
ORS § 453.357 — OR Code / Title 36 / Chapter 453 / Section 453.357
453.357 Civil penalty
Status: in_force

(1) In addition to any other liability or penalty provided by law the State Fire Marshal may impose a civil penalty in an amount not to exceed $1,000 per day against any employer who, by a complete or partial failure to report hazardous substances, does not comply with the provisions of ORS 453.307 (Definitions for ORS 453.307 to 453.414) to 453.352 (Exemption from reporting requirements) or any order or rule entered or adopted under ORS 453.307 (Definitions for ORS 453.307 to 453.414) to 453.414 (Exemption for local government) .

(2) Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures) . [1985 c.726 §§13,14; 1987 c.259 §7; 1991 c.734 §29]

Source: Section 453.357 — Civil penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html (accessed May 26, 2025).