The Legislative Assembly of the State of Oregon finds and declares that: (1) Each resident of this state is entitled to the basic public health services that are necessary to preserve life and health; (2) A framework for public health services provided by the government is necessary for applying the foundational capabilities and implementing the foundational programs by which the state or a local government may assess, protect or improve the health of the residents of this state; and (3) The purpose of ORS 431.001 to 431.550 and 431.990 is to provide the framework described in subsection (2) of this section. [2015 c.736 1]
As used in ORS 431.001 to 431.550 and 431.990: (1) "Foundational capability" means the knowledge, skill or ability that is necessary to carry out a public health activity. (2) "Foundational program" means a public health program that is necessary to assess, protect or improve the health of the residents of this state. (3) "Governing body of a local public health authority" means: (a) The governing body of a county; (b) A board described in ORS 431.443 (2); (c) A board established under ORS 431.443 (3); or (d) The board of an intergovernmental entity created by an agreement pursuant to ORS 190.010 (5) for the purpose of providing public health services. (4) "Local health department" means the agency established by the local public health authority that is responsible for administering public health programs and public health activities within the local public health authoritys jurisdiction. (5) "Local health officer" means: (a) A local public health administrator appointed under ORS 431.418 who is a physician licensed under ORS chapter 677; (b) A physician licensed under ORS chapter 677 who is employed by or who enters a contract with a local public health administrator under ORS 431.418; or (c) A physician licensed under ORS chapter 677 who is appointed by the Public Health Officer under ORS 431.045. (6) "Local public health administrator" means an individual appointed under ORS 431.418 to supervise the public health programs and public health activities of a local health department. (7) "Local public health authority" means: (a) A county government; (b) A health district formed under ORS 431.443; or (c) An intergovernmental entity that provides public health services pursuant to an agreement entered into under ORS 190.010 (5). [2015 c.736 2; 2019 c.321 5]
(1) The Director of the Oregon Health Authority may delegate to any of the officers and employees of the Oregon Health Authority the exercise or discharge in the directors name of any power, duty or function of whatever character vested in or imposed upon the director by the laws of Oregon. However, the power to administer oaths and affirmations, subpoena witnesses, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records may be exercised by an officer or employee of the authority only when specifically delegated in writing by the director. (2) The official act of any such person so acting in the directors name and by the authority of the director shall be deemed to be an official act of the director. (3)(a) The Director of the Oregon Health Authority shall appoint a Public Health Director to perform the duties and exercise authority over public health emergency matters in the state and other duties as assigned by the director. The director may appoint the same person to serve as both the Public Health Director and the Public Health Officer appointed under ORS 431.045. (b) The Public Health Director shall be an assistant director appointed by the Director of the Oregon Health Authority in accordance with ORS 409.130. (c) The Public Health Director shall delegate to an employee of the authority the duties, powers and functions granted to the Public Health Director by ORS 431A.015 and 433.443 in the event of the absence from the state or the unavailability of the director. The delegation must be in writing. [1973 c.829 2; 2007 c.445 1; 2009 c.595 532]
(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; and (c) May adopt rules to carry out the officers 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]
The Oregon Health Authority shall: (1) Have direct supervision of all matters relating to the preservation of life and health of the people of this state. (2) Ensure the statewide and local application of the foundational capabilities established under ORS 431.131 and described in ORS 431.132, 431.133, 431.134, 431.135, 431.136, 431.137 and 431.138. (3) At the state level of governance, administer the foundational programs established under ORS 431.141 and described in ORS 431.142, 431.143, 431.144 and 431.145. (4) At the local level of governance, oversee and provide support for the implementation of the foundational programs established under ORS 431.141 and described in ORS 431.142, 431.143, 431.144 and 431.145. (5) Conduct sanitary surveys about and investigations on the causes and prevention of diseases. (6) Investigate, conduct hearings and issue findings in connection with annexations proposed by cities as provided in ORS 222.840 to 222.915 and 431.705 to 431.760. (7) Have full power in the control of all communicable diseases. (8) Have the authority to send a representative of the authority to any part of the state. (9) From time to time, publish and distribute to the public information related to the functions and duties of the authority. [Amended by 1955 c.105 1; 1967 c.624 18; 1971 c.650 9; 1977 c.582 8; 1987 c.414 83; 1989 c.834 18; 1991 c.122 11; 2001 c.900 254; 2009 c.595 534; 2013 c.61 2; 2015 c.736 3]
(1) For the purpose of fulfilling its duties under ORS 431.110 (2), (3) and (4), the Oregon Health Authority shall: (a) Adopt and update as necessary a statewide public health modernization assessment; (b) In consideration of the statewide public health modernization assessment, develop and modify as necessary a statewide public health modernization plan; (c) Implement the statewide public health modernization plan; (d) Subject to the provisions of ORS 431.380, develop and modify as necessary plans for the distribution of funds to local public health authorities; (e) Implement plans for the distribution of funds to local public health authorities; (f) Coordinate state and local administration of the foundational programs established under ORS 431.141; (g) Approve local plans for applying the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141 as required by ORS 431.417; (h) Monitor the progress of local public health authorities in meeting statewide public health goals, including applying the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141; (i) For the purpose of making distributions under ORS 431.380, consult with and consider the recommendations of local public health authorities on the total cost to local public health authorities of applying the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141; (j) Use accountability metrics to encourage the effective and equitable provision of public health services by local public health authorities; (k) Use incentives to encourage the effective and equitable provision of public health services by local public health authorities; (L) Seek funding, including in the form of federal grants, for ORS 431.001 to 431.550 and 431.990; and (m) Coordinate and collaborate with federal agencies in implementing ORS 431.001 to 431.550 and 431.990. (2) The Oregon Health Authority shall solicit input from the Conference of Local Health Officials and local public health authorities in: (a) Establishing the foundational capabilities under ORS 431.131 and the foundational programs under ORS 431.141; (b) Adopting and updating a statewide public health modernization assessment under subsection (1)(a) of this section; (c) Developing and modifying a statewide public health modernization plan under subsection (1)(b) of this section; and (d) Developing and modifying plans for the distribution of funds under subsection (1)(d) of this section. [2015 c.736 4; 2017 c.627 2] Note: Section 115, chapter 736, Oregon Laws 2015, provides: Sec. 115. (1) The Oregon Health Authority shall: (a) Adopt the initial statewide public health modernization assessment and develop the initial statewide public health modernization plan as required by ORS 431.115; and (b) Subject to subsection (2) of this section, establish a schedule by which local public health authorities, as defined in ORS 431.003, shall submit local plans for applying the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141 as required by ORS 431.417. (2) The schedule established under subsection (1)(b) of this section must require that all local public health authorities first submit local plans implementing ORS 431.131 and 431.141 on or before December 31, 2025. (3) In consultation with local public health authorities, the Oregon Health Authority may modify the schedule established under subsection (1)(b) of this section to require local public health authorities to apply foundational capabilities and implement foundational programs over a period of time, provided that all local public health authorities submit local plans for applying all foundational capabilities and implementing all foundational programs no later than December 31, 2025. [2015 c.736 115; 2017 c.627 1; 2021 c.243 1]
In addition to the duties described in ORS 431.115, the Oregon Health Authority shall: (1) Enforce the laws, rules and policies of this state related to health. (2) Routinely conduct epidemiological investigations for each case of sudden infant death syndrome, including the identification of risk factors such as birth weight, maternal age, prenatal care, history of apnea and socioeconomic characteristics. The authority may conduct the investigations through local health departments only upon adoption by rule of a uniform epidemiological data collection method. (3) Adopt rules related to loans and grants awarded under ORS 285B.560 to 285B.599 or 541.700 to 541.855 for the improvement of drinking water systems for the purpose of maintaining compliance with applicable state and federal drinking water quality standards. In adopting rules under this subsection, the authority shall coordinate the authoritys rulemaking process with the Water Resources Department and the Oregon Business Development Department to ensure that rules adopted under this subsection are consistent with rules adopted under ORS 285B.563 and 541.845. (4) Control health care capital expenditures by administering the state certificate of need program under ORS 442.325 to 442.344. [Amended by 1971 c.650 10; 1977 c.582 9; 1981 c.385 1; 1991 c.944 4; 1993 c.18 107; 1993 c.754 8; 2005 c.835 24; 2009 c.595 535; 2013 c.61 2a; 2015 c.736 32]
(1)(a) The Oregon Public Health Advisory Board is established for the purpose of advising and making recommendations to the Oregon Health Authority and the Oregon Health Policy Board. The Oregon Public Health Advisory Board shall consist of: (A) Fourteen members appointed by the Governor as specified in paragraph (b) of this subsection; (B) The Public Health Director or the Public Health Directors designee; (C) If the Public Health Director is not the State Health Officer, the State Health Officer or a physician licensed under ORS chapter 677 acting as the State Health Officers designee; (D) If the Public Health Director is the State Health Officer, a representative from the Oregon Health Authority who is familiar with public health programs and public health activities in this state; and (E) A designee of the Oregon Health Policy Board. (b) The Governor shall appoint the following individuals to the board: (A) A state employee who has technical expertise in the field of public health; (B) A local public health administrator who supervises public health programs and public health activities in Benton, Clackamas, Deschutes, Jackson, Lane, Marion, Multnomah or Washington County; (C) A local public health administrator who supervises public health programs and public health activities in Coos, Douglas, Josephine, Klamath, Linn, Polk, Umatilla or Yamhill County; (D) A local public health administrator who supervises public health programs and public health activities in Clatsop, Columbia, Crook, Curry, Hood River, Jefferson, Lincoln, Tillamook, Union or Wasco County; (E) A local public health administrator who supervises public health programs and public health activities in Baker, Gilliam, Grant, Harney, Lake, Malheur, Morrow, Sherman, Wallowa or Wheeler County; (F) A local health officer who is not a local public health administrator; (G) An individual who represents the Conference of Local Health Officials created under ORS 431.330; (H) An individual who is a member of, or who represents, a federally recognized Indian tribe in this state; (I) An individual who represents coordinated care organizations; (J) An individual who represents health care organizations that are not coordinated care organizations; (K) An individual who represents individuals who provide public health services directly to the public; (L) An expert in the field of public health who has a background in academia; (M) An expert in population health metrics; and (N) An at-large member. (2)(a) The term of office for a board member appointed under this section is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. (b) Members of the board described in subsection (1)(a)(B) to (E) of this section are nonvoting ex officio members of the board. (3) A majority of the voting members of the board constitutes a quorum for the transaction of business. (4) Official action by the board requires the approval of a majority of the voting members of the board. (5) The board shall elect one of its voting members to serve as chairperson. (6) The board shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the board. (7) The board may adopt rules necessary for the operation of the board. (8) The board may establish committees and subcommittees necessary for the operation of the board. (9) Voting members of the board are entitled to compensation and expenses as provided in ORS 292.495. [Formerly 431.195; 2017 c.627 8a]
The Oregon Public Health Advisory Board shall: (1) Make recommendations to the Oregon Health Policy Board on the development of statewide public health policies and goals; (2) Make recommendations to the Oregon Health Policy Board on how other statewide priorities, such as the provision of early learning services and the delivery of health care services, affect and are affected by statewide public health policies and goals; (3) Make recommendations to the Oregon Health Policy Board on the establishment of the foundational capabilities under ORS 431.131, the foundational programs under ORS 431.141 and any other public health program or activity under ORS 431.147; (4) Make recommendations to the Oregon Health Policy Board on the adoption and updating of the statewide public health modernization assessment under ORS 431.115; (5) Make recommendations to the Oregon Health Policy Board on the development of and any modification to the statewide public health modernization plan developed under ORS 431.115; (6) Establish accountability metrics for the purpose of evaluating the progress of the Oregon Health Authority and local public health authorities in achieving statewide public health goals; (7) Make recommendations to the Oregon Health Authority and the Oregon Health Policy Board on: (a) The development of, and any modification to, plans developed under ORS 431.115 for the distribution of funds to local public health authorities under ORS 431.380; and (b) The total cost to local public health authorities of applying the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141; (8) Make recommendations to the Oregon Health Policy Board on the use of accountability metrics by the Oregon Health Authority under ORS 431.380 to encourage the effective and equitable provision of public health services by local public health authorities; (9) Make recommendations to the Oregon Health Policy Board on the incorporation and use of incentives by the Oregon Health Authority under ORS 431.380 to encourage the effective and equitable provision of public health services by local public health authorities; (10) Provide support to local public health authorities in developing local plans to apply the foundational capabilities established under ORS 431.131 and implement the foundational programs established under ORS 431.141 as required by ORS 431.417; (11) Monitor the progress of local public health authorities in meeting statewide public health goals, including employing the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141; (12) Assist the Oregon Health Authority in seeking funding, including in the form of federal grants, for ORS 431.001 to 431.550 and 431.990; and (13) Assist the Oregon Health Authority in coordinating and collaborating with federal agencies. [2015 c.736 7; 2017 c.627 3]
In addition to the duties described in ORS 413.011, the Oregon Health Policy Board shall: (1) Be the policy-making and oversight body for the Oregon Health Authority with respect to the application of the foundational capabilities established under ORS 431.131 and the implementation of the foundational programs established under ORS 431.141; and (2) Provide advice to the Oregon Health Authority based on the recommendations made by the Oregon Public Health Advisory Board under ORS 431.123. [2015 c.736 8]
(1) The Oregon Health Authority, in consideration of the advice provided by the Oregon Health Policy Board under ORS 431.125, shall establish by rule the foundational capabilities necessary to protect and improve the health of the residents of this state and to achieve effective and equitable health outcomes for the residents of this state. (2) At a minimum, the authority shall establish the following foundational capabilities: (a) Assessment and epidemiology, as described in ORS 431.132; (b) Emergency preparedness and response, as described in ORS 431.133; (c) Communications as described in ORS 431.134; (d) Policy and planning as described in ORS 431.135; (e) Leadership and organizational competencies, as described in ORS 431.136; (f) Health equity and cultural responsiveness, as described in ORS 431.137; and (g) Community partnership development, as described in ORS 431.138. [2015 c.736 9]
(1) For the purpose of establishing the foundational capabilities under ORS 431.131, assessment and epidemiology include, but are not limited to, the knowledge, skills and abilities necessary to: (a) Identify and respond to disease outbreaks and epidemics; (b) Analyze and respond to information related to disease outbreaks and epidemics; (c) Conduct and assess surveys about health behaviors and practices; (d) Collect and maintain vital records and statistics; (e) Process data from a variety of sources, including vital records, health records, hospital data, insurance data and indicators of community or environmental health; (f) Analyze key indicators of a communitys health; (g) Analyze data related to the causes and burdens of disease, injury, disability and death; (h) Prioritize and respond to requests for data processed and analyzed as described in this section and communicate the response in a manner that is accurate, statistically valid and usable by the requester; (i) Identify how disease, injury, disability and death disproportionately affect certain populations, including populations specific to sex, race, ethnicity and socioeconomic status; (j) Conduct a community health assessment and identify priorities arising from that assessment; and (k) Use relevant data to implement, monitor, evaluate and modify state health improvement plans or community health improvement plans. (2) For purposes of this section, the Oregon Health Authority may adopt rules differentiating between the knowledge, skills and abilities that are necessary for state governance and that are necessary for local governance. [2015 c.736 10; 2017 c.627 7]
(1) For the purpose of establishing the foundational capabilities under ORS 431.131, emergency preparedness and response include, but are not limited to, the knowledge, skills and abilities necessary to: (a) Develop, exercise, improve and maintain preparedness and response plans in the event that either a natural or man-made disaster or an emergency occurs; (b) Communicate and coordinate with health care providers, emergency service providers and other agencies and organizations that respond to disasters and emergencies; (c) Activate emergency response personnel during a disaster or emergency, and recognize if public health has a primary, secondary or ancillary role in response activities; (d) Use communications systems effectively and efficiently during a disaster or emergency; (e) Maintain and execute a plan providing for continuity of operations during a disaster or emergency, including a plan for accessing resources necessary to recover from or respond to a disaster or emergency; (f) Issue and enforce emergency health orders; (g) Be notified of and respond to potential disasters and emergencies; and (h) Address the needs of vulnerable populations during a disaster or emergency. (2) For purposes of this section, the Oregon Health Authority may adopt rules differentiating between the knowledge, skills and abilities that are necessary for state governance and that are necessary for local governance. [2015 c.736 11]
(1) For the purpose of establishing the foundational capabilities under ORS 431.131, communications include, but are not limited to, the knowledge, skills and abilities necessary to: (a) Engage in two-way communications with the public through the use of a variety of accessible methods of communication; (b) Effectively use mass media and social media to transmit communications to and receive communications from the public; (c) Communicate with specific populations in a manner that is culturally and linguistically appropriate; (d) Develop and implement educational programs and preventive strategies; and (e) During a disease outbreak or other disaster or emergency, provide accurate, timely and understandable information, recommendations and instructions to the public. (2) For purposes of this section, the Oregon Health Authority may adopt rules differentiating between the knowledge, skills and abilities that are necessary for state governance and that are necessary for local governance. [2015 c.736 12]
(1) For the purpose of establishing the foundational capabilities under ORS 431.131, policy and planning include, but are not limited to, the knowledge, skills and abilities necessary to: (a) Enable the Oregon Health Authority and local public health authorities to serve as a primary and expert resource for using science and evidence-based best practices to inform the development and implementation of public health policies; (b) Provide guidance and coordinate planning for the purpose of developing, adopting and implementing public health policies; (c) Develop public health policy options necessary to protect and improve the health of the public and specific adversely impacted populations; (d) Understand and use the principles of public health law to improve and protect the health of the public; (e) Analyze and disseminate findings on the intended and unintended impacts of public health policies; and (f) Implement, monitor, evaluate and modify state health improvement plans or community health improvement plans. (2) For purposes of this section, the Oregon Health Authority may adopt rules differentiating between the knowledge, skills and abilities that are necessary for state governance and that are necessary for local governance. [2015 c.736 13]
(1) For the purpose of establishing the foundational capabilities under ORS 431.131, leadership and organizational competencies include, but are not limited to, the knowledge, skills and abilities necessary to: (a) Define the strategic direction necessary to achieve public health goals and align and lead stakeholders in achieving those goals; (b) Use the principles of public health law, including relevant agency rules and the constitutional guarantee of due process, in planning, implementing and enforcing public health initiatives; (c) Promote and monitor organizational objectives while sustaining a culture of quality of service; (d) Maintain a competent workforce necessary to ensure the effective and equitable provision of public health services; (e) Provide continuing education and other training opportunities necessary to maintain a competent workforce; (f) Develop partnerships with institutions of higher education necessary to maintain a competent workforce; (g) To the extent practicable, ensure that local public health administrators, local health officers and individuals who work in the field of public health reflect the demographics of the community being served and the changing demographics of this state; (h) Implement and maintain the technology needed to support public health operations while simultaneously protecting personally identifiable information and other confidential health information; and (i) Use accounting and business best practices in budgeting, tracking finances, billing, auditing, securing grants and other sources of funding and distributing moneys to governmental and nongovernmental partners. (2) For purposes of this section, the Oregon Health Authority may adopt rules differentiating between the knowledge, skills and abilities that are necessary for state governance and that are necessary for local governance. [2015 c.736 14]
(1) For the purpose of establishing the foundational capabilities under ORS 431.131, health equity and cultural responsiveness include, but are not limited to, the knowledge, skills and abilities necessary to: (a) Support public health policies that promote health equity; (b) Implement processes within public health programs that create health equity; (c) Recognize and address health inequities that are specific to certain populations, including populations specific to sex, race, ethnicity and socioeconomic status; (d) Communicate with the public and stakeholders in a transparent and inclusive manner; (e) When appropriate, provide the public and stakeholders with access to the data and findings described in ORS 431.132; and (f) Engage diverse populations in community health planning. (2) For purposes of this section, the Oregon Health Authority may adopt rules differentiating between the knowledge, skills and abilities that are necessary for state governance and that are necessary for local governance. [2015 c.736 15]
(1) For the purpose of establishing the foundational capabilities under ORS 431.131, community partnership development includes, but is not limited to, the knowledge, skills and abilities necessary to: (a) Convene and sustain relationships with traditional and nontraditional governmental partners and stakeholders and traditional and nontraditional nongovernmental partners and stakeholders; (b) Foster and support community involvement and partnerships in developing, adopting and implementing public health policies; (c) Engage members of the community in implementing, monitoring, evaluating and modifying state health improvement plans or community health improvement plans; and (d) Develop, strengthen and expand connections across disciplines, such as education and health care, and with members of the community who work in those disciplines. (2) For purposes of this section, the Oregon Health Authority may adopt rules differentiating between the knowledge, skills and abilities that are necessary for state governance and that are necessary for local governance. [2015 c.736 16]
(1) Each biennium, the Oregon Health Authority shall submit to the Legislative Fiscal Office a report on the application of the formula described in ORS 431.380, containing at a minimum: (a) A statement of the amount of state moneys that the Oregon Health Authority received for the purpose of funding the foundational capabilities established under ORS 431.131 and the foundational programs established under ORS 431.141; (b) A description of how state moneys that the Oregon Health Authority received for the purpose of funding the foundational capabilities established under ORS 431.131 and the foundational programs established under ORS 431.141 were distributed to local public health authorities; and (c) The level of work funded for each foundational capability and each foundational program and the progress of local public health authorities in meeting accountability metrics. (2) The Oregon Public Health Advisory Board shall, each biennium, make recommendations to the Oregon Health Authority on the priorities for the Oregon Health Authority and on the priorities of local public health authorities for each foundational capability established under ORS 431.131 and each foundational program established under ORS 431.141, based on state moneys that the Oregon Health Authority received for the purpose of funding the foundational capabilities established under ORS 431.131 and the foundational programs established under ORS 431.141. [2017 c.627 4a] Note: 431.139 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 431 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) The Oregon Health Authority, in consideration of any advice provided by the Oregon Health Policy Board under ORS 431.125, shall establish by rule the foundational programs through which the authority and local public health authorities administer public health services in this state. (2) At a minimum, the authority shall establish the following foundational programs: (a) Communicable disease control programs, as described in ORS 431.142; (b) Environmental public health programs, as described in ORS 431.143; (c) Prevention of injury and disease and promotion of health programs, as described in ORS 431.144; and (d) Clinical preventive services, as described in ORS 431.145. [2015 c.736 17]
Communicable disease control programs established under ORS 431.141 must identify, prevent and control infectious diseases that pose a threat to the health of the public and must include, but are not limited to: (1) Recognizing, identifying and responding to communicable disease outbreaks; (2) Maintaining a list of communicable diseases; (3) Conducting, receiving and analyzing laboratory results and physician reports related to communicable diseases; (4) Providing the support necessary for individuals to recognize communicable diseases and other illnesses of public health importance; and (5) Conducting community-based programs for the purpose of preventing communicable diseases. [2015 c.736 18]
Environmental public health programs established under ORS 431.141 must protect the public from illness, injury, disability and death caused by exposure to physical, chemical or biological factors in the environment and must include, but are not limited to: (1) Testing and analysis for purposes related to environmental health; (2) Preventing and investigating environmental health hazards, including radioactive materials, animal bites and vector-borne diseases; (3) Inspecting and educating the operators of: (a) Restaurants and other food service establishments; (b) Recreation sites, lodges and swimming pools; (c) Septic systems; (d) Potable water systems; (e) Radiological equipment; and (f) Hospitals and other health care facilities; and (4) Promoting land use planning and sustainable development activities that create positive health outcomes. [2015 c.736 19]
(1) Prevention of injury and disease and promotion of health programs established under ORS 431.141 must include, but are not limited to: (a) Prevention and control of tobacco use; (b) Improving nutrition; (c) Improving oral health; (d) Improving prenatal, natal and postnatal care, maternal health and the health of children; (e) Incentivizing increased physical activity; and (f) Decreasing the occurrence and impacts of both unintentional and intentional injuries, such as motor vehicle accidents and suicide. (2) Prevention of injury and disease and promotion of health programs must be based on evidence-based or emerging best practices designed to improve health outcomes for all populations. [2015 c.736 20]
Clinical preventive services established under ORS 431.141 must provide for the assessment of public access to: (1) Immunizations; (2) Prenatal care; (3) Screening for preventable cancers and other diseases; (4) Screening for sexually transmitted infections; (5) Evaluation of and treatment for tuberculosis and related latent tuberculosis infections; (6) Cost-effective preventive care; and (7) Laboratory services. [2015 c.736 21]
In addition to the foundational programs established under ORS 431.141, the Oregon Health Authority may establish by rule other public health programs, or by rule or order other public health activities, that address specific public health problems or needs. Programs and activities may be established under this section for the purpose of enhancing or expanding a foundational program or for the purpose of addressing a need not addressed by a foundational program. Additional programs and activities may be established under this section in consideration of any advice provided by the Oregon Public Health Advisory Board or upon the authoritys own initiative. [2015 c.736 22]
The Oregon Health Authority may adopt by rule evidence-based best practices for the purpose of assisting local public health authorities in implementing the foundational programs established under ORS 431.141 and any other public health program or activity established under ORS 431.147. Rules adopted under this section are only for the purpose of assisting local public health authorities and are not mandatory guidelines for the implementation of the programs or activities. [2015 c.736 23; 2017 c.627 8]
The Oregon Health Authority may adopt rules to implement ORS 431.001 to 431.550 and 431.990. [2015 c.736 24]
(1) The Oregon Health Authority shall enforce ORS 431.001 to 431.550 and 431.990 and any other public health law of this state. The Director of the Oregon Health Authority shall supervise local public health administrators in the execution of their duties under subsection (2) of this section. (2) A local public health administrator shall administer and enforce ORS 431.001 to 431.550 and 431.990 and any other public health law of this state within the jurisdiction of the local public health authority supervised by the local public health administrator. If a local public health administrator has knowledge of a violation of ORS 431.001 to 431.550 and 431.990 or any other public health law of this state, or of a violation of any rule adopted under ORS 431.001 to 431.550 and 431.990 or adopted under any other public health law of this state, the local public health administrator shall report the violation to the Oregon Health Authority in a form and manner prescribed by the authority. (3) The Oregon Health Authority or a local public health administrator may investigate cases of irregularity or violations of laws or rules necessary for the authority or local public health administrator to execute their duties under subsections (1) and (2) of this section. A local public health administrator shall aid the authority, upon request, in conducting investigations initiated by the authority. (4) When a violation of a public health law or rule is reported to a district attorney or official acting in the capacity of a district attorney, the district attorney or official shall initiate and promptly commence the necessary proceedings against the party or parties responsible for the alleged violation. (5) Upon request of the authority, the Attorney General shall assist the authority in the enforcement of laws and rules under this section. [Amended by 1959 c.314 22; 1971 c.650 12; 1973 c.833 43; 1973 c.835 165; 1974 c.36 12; 1977 c.582 11; 2009 c.595 536; 2015 c.736 33]
(1) Whenever it appears to the Oregon Health Authority that any person is engaged or about to engage in any acts or practices that constitute a violation of any statute relating to public health administered by the authority, or any rule or order issued thereunder, the authority may institute proceedings in the circuit courts to enforce obedience thereto by injunction, or by other processes, mandatory or otherwise, restraining such person, or its officers, agents, employees and representatives from further violation of such statute, rule or order, and enjoining upon them obedience thereto. (2) The provisions of this section are in addition to and not in substitution of any other enforcement provisions contained in any statute administered by the authority. [1967 c.94 2; 1971 c.650 13; 1977 c.582 12; 2001 c.900 145; 2009 c.595 537]
A local public health administrator has the same powers granted to the Oregon Health Authority under ORS 431.155. [1983 c.370 4; 2003 c.309 5; 2009 c.595 538; 2015 c.736 34]
The district attorney, county attorney or Attorney General may institute prosecutions for violation of any public health statute by information, by indictment or by complaint verified before any magistrate. [Amended by 1959 c.314 23; 1973 c.833 44; 1977 c.582 13; 1995 c.658 104]
(1) The Director of the Oregon Health Authority shall take direct charge of the functions that are necessary to preserve the public health in a local public health authority whenever a local public health administrator fails to administer or enforce ORS 431.001 to 431.550 and 431.990 and any other public health law or rule of this state as described in ORS 431.150. (2) The director may request assistance as necessary to fulfill the directors duties under subsection (1) of this section, the expense of which shall be borne by the local public health authority over which the director took charge, to be paid out of the treasury of the local public health authority with moneys made available to the local public health authority under ORS 431.380, upon the receipt of vouchers properly certified by the director, except that payment is not required if the local public health authority requests a transfer under ORS 431.382. [Amended by 1959 c.314 24; 1973 c.833 45; 1977 c.582 14; 2001 c.900 146; 2009 c.595 539; 2015 c.736 35]
If necessary, the Director of the Oregon Health Authority or a designee thereof, the State Fire Marshal or a designee thereof or an officer of a law enforcement agency may appear before any magistrate empowered to issue warrants in criminal cases, and require such magistrate to issue a warrant, directing it to any sheriff or deputy or any constable or police officer, to enter the described property or to remove any person or obstacle, or to defend any threatened violence to the director or a designee thereof, the State Fire Marshal or a designee thereof or an officer, upon entering private property, or to assist the director in any way. [Formerly 433.025; 1991 c.67 112; 2009 c.595 540]
(1) Nothing in ORS 431.001 to 431.550 and 431.990 or any other public health law of this state shall be construed as authorizing the Oregon Health Authority or its representatives, or any local public health authority or its representatives, to interfere in any manner with an individuals right to select the physician, physician assistant, naturopathic physician or nurse practitioner of the individuals choice or the individuals choice of mode of treatment, nor as interfering with the practice of a person whose religion treats or administers sick or suffering people by purely spiritual means. (2) This section does not apply to the laws of this state imposing sanitary requirements or rules adopted under the laws of this state imposing sanitary requirements. [Amended by 1977 c.582 15; 2007 c.70 238; 2009 c.595 541; 2014 c.45 49; 2015 c.736 36; 2017 c.356 59]
[1983 c.653 1; 2001 c.900 147; 2003 c.784 10; 2005 c.771 3; 2009 c.595 543; 2011 c.720 183; 2015 c.736 5; renumbered 431.122 in 2015]
(1) There is established in the General Fund the Public Health Account, classified separately as to federal and other moneys. (2) All fees, penalties, federal apportionments or contributions and other moneys received by the Oregon Health Authority relating to public health shall be turned over to the State Treasurer not later than the 10th day of the calendar month next succeeding their receipt by the authority and shall be credited to the Public Health Account. (3) All moneys credited to the Public Health Account are continuously appropriated to the authority for the payment of expenses of the authority. [Amended by 1971 c.650 14; 1973 c.427 5; 1977 c.582 16; 2001 c.900 148; 2005 c.755 36; 2009 c.595 544; 2011 c.597 194]
The Oregon Health Authority shall keep a record of all moneys deposited in the Public Health Account. This record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged. [Amended by 1973 c.427 6; 1977 c.582 17; 2007 c.71 120; 2009 c.595 545]
(1) The Oregon Health Authority may request the Oregon Department of Administrative Services to, and when so requested, the Oregon Department of Administrative Services shall, draw a payment on the Public Health Account in favor of the Director of the Oregon Health Authority in a sum not exceeding $25,000, which sum shall be used by the director as an emergency or revolving fund. (2) The emergency or revolving fund shall be deposited with the State Treasurer, and shall be at the disposal of the director. It may be used to pay advances for salaries, travel expenses or any other proper claim against, or expense of, the authority or the health-related licensing boards for whom the authority provides accounting services. (3) Claims for reimbursement of advances paid from the emergency or revolving fund shall be submitted to the authority for approval. When such claims are so approved, payments covering them shall be drawn in favor of the director and charged against the appropriate fund or account, and shall be used to reimburse the emergency or revolving fund. (4) The authority may establish petty cash funds within the emergency or revolving fund by drawing checks upon the emergency or revolving fund payable to the custodians of the petty cash funds. [Amended by 1973 c.427 7; 1975 c.614 16; 1999 c.829 6; 2003 c.14 241; 2009 c.595 546]
(1) The Oregon Health Authority hereby is designated as the state agency to apply to and receive from the federal government or any agency thereof such grants for promoting public health and the prevention of disease, including grants for cancer control and industrial hygiene programs, as may be available to this state or any of its political subdivisions or agencies. (2) For the purposes of subsection (1) of this section, the authority shall: (a) Disburse or supervise the disbursement of all funds made available at any time by the federal government or this state for those purposes. (b) Adopt, carry out and administer plans for those purposes. Plans so adopted shall be made statewide in application insofar as reasonably feasible, possible or permissible, and shall be so devised as to meet the approval of the federal government or any of its agencies, not inconsistent with the laws of the state. [Amended by 1961 c.706 20a; 1967 c.343 1; 1971 c.650 15; 1973 c.829 20; 1977 c.751 34; subsections (3), (4) renumbered 442.110; 2001 c.900 149; 2009 c.595 547]
[2007 c.445 3; 2009 c.595 548; 2015 c.736 71; renumbered 431A.005 in 2015]
[2007 c.445 4; 2009 c.595 549; renumbered 431A.010 in 2015]
[2007 c.445 5; 2009 c.595 550; renumbered 431A.015 in 2015]
[2007 c.445 5a; renumbered 431A.020 in 2015]
[1991 c.652 1; 2009 c.595 551; renumbered 431A.475 in 2015]
[1999 c.1044 1,3; 2009 c.595 552; renumbered 431A.500 in 2015]
[1999 c.1044 4; renumbered 431A.505 in 2015]
[1999 c.1044 5; renumbered 431A.510 in 2015]
[Amended by 1977 c.582 18; 1981 c.630 1; 1983 c.351 1; 1993 c.374 1; 2001 c.760 1; 2009 c.595 553; 2009 c.828 63; 2011 c.100 1; renumbered 431A.750 in 2015]
(1) The Conference of Local Health Officials is created. The conference shall consist of each local public health administrator and local health officer in this state and other local health personnel as provided by the rules of the conference. (2) The conference shall select one of its members as chairperson, another as vice chairperson and another as secretary, each having the powers and duties necessary to perform the duties of their respective offices as determined by the commission. The chairperson, after consultation with the Director of the Oregon Health Authority, shall appoint from among the conference members an executive committee. The chairperson and the executive committee shall advise the director in the administration of ORS 431.330 to 431.350. [1967 c.146 2 (enacted in lieu of 431.320); 1977 c.582 20; 1979 c.96 1; 2009 c.595 554; 2015 c.736 37]
(1) The Conference of Local Health Officials shall meet at least annually at a place, day and hour determined by the executive committee and the Director of the Oregon Health Authority. The conference may meet specially at any other time that the executive committee or the director considers necessary. (2) The director shall give at least 10 days notice of each meeting date to the conference members. The chairperson or an authorized representative of the chairperson shall preside at all meetings of the conference. (3) Each conference member shall receive from the local public health authority the conference member represents, subject to funds available under ORS 431.510, the actual and necessary travel and other expenses incurred by the conference member for no more than two meetings of the conference per year. Additionally, subject to applicable law regulating travel and other expenses for state officers, a local public health administrator or local health official who is a member of the executive committee of the conference or who is the chairperson of the conference shall receive from the Oregon Health Authority the actual and necessary travel and other expenses for no more than six meetings of the executive committee per year that are called by the authority. [1967 c.146 3 (enacted in lieu of 431.320); 1977 c.582 21; 2009 c.595 555; 2015 c.736 38]
The Conference of Local Health Officials may submit to the Oregon Health Authority recommendations on: (1) The establishment of the foundational capabilities under ORS 431.131, the foundational programs under ORS 431.141 and any other public health program or activity under ORS 431.147; (2) The adoption and updating of the statewide public health modernization assessment under ORS 431.115; (3) The development of and any modification to the statewide public health modernization plan under ORS 431.115; and (4) The adoption of rules under ORS 431.350. [1967 c.146 6 (enacted in lieu of 431.320); 1977 c.582 22; 2009 c.595 556; 2015 c.736 31]
Upon receipt of written approval from the Conference of Local Health Officials the Oregon Health Authority shall adopt rules necessary for the administration of ORS 431.330 to 431.350. [1967 c.146 4 (enacted in lieu of 431.320); 1977 c.582 24; 2009 c.595 558]
(1) From state moneys that the Oregon Health Authority receives for the purpose of funding the foundational capabilities established under ORS 431.131 and the foundational programs established under ORS 431.141, the Oregon Health Authority shall make payments to local public health authorities under this section. The Oregon Health Authority shall each biennium submit to the Oregon Public Health Advisory Board and the Legislative Fiscal Office a formula that provides for the equitable distribution of moneys. The Oregon Health Authority shall incorporate into the formula: (a) A method for distributing to local public health authorities a base amount of state moneys received by the Oregon Health Authority pursuant to this subsection, taking into consideration the population of each local public health authority, the burden of disease borne by communities located within the jurisdiction of each local public health authority, the overall health status of communities located within the jurisdiction of each local public health authority and the ability of each local public health authority to invest in local public health activities and services; (b) A method for awarding matching funds to a local public health authority that invests in local public health activities and services above the base amount distributed in accordance with paragraph (a) of this subsection; and (c) A method for the use of incentives as described in subsection (3) of this section. (2) The Oregon Health Authority shall submit the formula adopted under subsection (1) of this section to the Oregon Public Health Advisory Board and the Legislative Fiscal Office no later than June 30 of each even-numbered year. At the same time that the Oregon Health Authority submits the formula, the Oregon Health Authority shall submit to the Oregon Public Health Advisory Board and the Legislative Fiscal Office an estimate of the amount of state moneys necessary to fund in part or in whole the foundational capabilities established under ORS 431.131 and the foundational programs established under ORS 431.141. (3) The Oregon Health Authority shall adopt by rule incentives and a process for identifying, updating and applying accountability metrics, for the purpose of encouraging the effective and equitable provision of public health services by local public health authorities. (4) Nothing in this section prohibits the Oregon Health Authority from distributing state moneys that the Oregon Health Authority receives for the purpose of funding the foundational capabilities established under ORS 431.131 and the foundational programs established under ORS 431.141 to local public health authorities on an individual basis as opposed to a statewide basis, or through a competitive grant or contract process or on the basis of need, if the state moneys received are insufficient to adequately fund local public health authorities on a statewide basis. [1983 c.398 2; 2009 c.595 560; 2015 c.736 28; 2017 c.627 4]
(1) If the Oregon Health Authority does not receive state moneys in an amount that equals or exceeds the estimate that the Oregon Health Authority submits to the Legislative Fiscal Office under ORS 431.380 (2), the governing body of the county in which a local public health authority operates or the governing body of a local public health authority may adopt an ordinance or resolution transferring the responsibility for fulfilling the local public health authoritys duties under ORS 431.001 to 431.550 and 431.990 and the other public health laws of this state to the Oregon Health Authority. An ordinance or resolution adopted under this section must specify the disparity in moneys received as described in this subsection. (2) The Oregon Health Authority shall prescribe the form and manner of informing the Oregon Health Authority that the local public health authority has made a transfer under this section. (3) A transfer under this section may not take effect until 180 days after the date on which an ordinance or resolution mandating the transfer is adopted unless the Oregon Health Authority agrees to an earlier effective date. (4) The local public health authority that makes a transfer under this section is not eligible to receive any moneys pursuant to ORS 431.380, and the Oregon Health Authority may use the moneys to provide or to contract for the provision of public health programs and public health activities within the local public health authoritys jurisdiction. (5) If a local public health authority makes a transfer under this section, the Oregon Health Authority: (a) Is not obligated to provide or to contract for the provision of public health programs and public health activities within the local public health authoritys jurisdiction; and (b) Has the authority of a local public health authority and local public health administrator within the former local public health authoritys jurisdiction. (6)(a) The governing body of a county or local public health authority that has transferred the responsibility for fulfilling the local public health authoritys duties to the Oregon Health Authority under subsection (1) of this section may request that the Oregon Health Authority transfer the responsibilities back to the local public health authority. (b) Upon the receipt of a request made under this subsection, the Oregon Health Authority and the governing body of the county or local public health authority that submitted the request shall enter into an agreement that provides a schedule for, and includes any other information necessary to effectuate, the transfer of responsibilities to the local public health authority. Upon completion by the Oregon Health Authority and the governing body of the terms of the agreement described in this paragraph, the governing body may repeal the ordinance or resolution adopted under subsection (1) of this section. (c) Unless the criteria established under this paragraph are met, and the Oregon Health Authority agrees to an earlier date pursuant to subsection (3) of this section, the governing body of a county or local public health authority described in this subsection may not request that the Oregon Health Authority transfer responsibilities back to the local public health authority sooner than four years from the date described in subsection (3) of this section. The Oregon Health Authority shall establish by rule criteria described in this paragraph. (d) A request made under this subsection must include the rationale for the request to transfer responsibilities back to the local public health authority. (e) Nothing in this subsection is intended to alter or terminate before the specified term an agreement or contract that the Oregon Health Authority entered into during the period when the Oregon Health Authority was fulfilling the responsibilities of the local public health authority. (7)(a) The governing body of a county or local public health authority that adopts an ordinance or resolution pursuant to subsection (1) of this section shall enter into a written agreement with the Oregon Health Authority regarding the transfer. (b) If the governing body of a county or local public health authority makes a request under subsection (6) of this section, the governing body shall enter into a written agreement with the Oregon Health Authority regarding the transfer back to the local public health authority. The agreement must include a description of the reason or reasons that the governing body made the request under subsection (6) of this section. (c) The Oregon Health Authority may determine the form and manner of the records described in this subsection. [2015 c.736 29; 2017 c.627 5; 2019 c.321 3] Note: 431.382 was added to and made a part of 431.001 to 431.550 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
[1983 c.398 3; 2003 c.553 6; 2009 c.595 561; 2011 c.70 7; 2012 c.37 102; 2013 c.640 7,8; 2015 c.736 27; renumbered 431.417 in 2015]
It is the purpose of ORS 431.380 to 431.510 to encourage improvement and standardization of health departments in order to provide a more effective and more efficient public health service throughout the state. [1961 c.610 1]
[Formerly 431.470; 1963 c.544 49; 1977 c.582 25; 1981 c.127 1; 1987 c.618 2; 1991 c.167 26; 2003 c.226 22; 2015 c. 736 39; renumbered 431.447 in 2015]
(1) Subject to the availability of funds paid pursuant to ORS 431.380, each local public health authority shall: (a) Administer and enforce ORS 431.001 to 431.550 and 431.990 and any other public health law of this state; (b) Adopt and update as necessary a local public health modernization assessment; (c) In consideration of the local public health modernization assessment, adopt, implement, monitor, evaluate and modify as necessary a local public health modernization plan that includes: (A) A plan for applying the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141 as required by ORS 431.417; and (B) Any other local public health program or activity that the local public health authority considers necessary to protect the public health and safety; (d) Coordinate with coordinated care organizations as defined in ORS 414.025 and Early Learning Hubs as defined in ORS 417.827; (e) Impose civil penalties adopted under ORS 431.415 (1)(c) and enforce the ordinances and rules adopted under ORS 431.415 (1)(b); and (f) Perform any other duty imposed on local public health authorities by law. (2) A local public health authority may perform the duties described in subsection (1) of this section: (a) As an individual county, even if the local public health authority is a health district formed under ORS 431.443 or an intergovernmental entity that provides public health services pursuant to an agreement entered into under ORS 190.010 (5); (b) Jointly with any other county pursuant to an agreement between the counties, for any individual public health program or activity; or (c) As a health district formed under ORS 431.443 or an intergovernmental entity that provides public health services pursuant to an agreement entered into under ORS 190.010 (5). (3) A local public health authority may contract with a person to perform a public health service or activity, or to perform all public health services and activities, that the local public health authority is required to perform under ORS 431.001 to 431.550 and 431.990 or under any other public health law of this state, except that the person with whom the local public health authority contracts may not perform any function, duty or power of the local public health authority related to governance. [Formerly 431.416]
[Formerly 431.610; 1973 c.829 21; 1977 c.582 26; 1987 c.618 3; 2015 c.736 40; renumbered 431.443 in 2015]
(1) Subject to the availability of funds paid pursuant to ORS 431.380, each governing body of a local public health authority shall: (a) In collaboration with the local public health administrator appointed under ORS 431.418, develop public health policies and goals for the local public health authority; (b) Adopt ordinances and rules necessary for the local public health authority to administer ORS 431.001 to 431.550 and 431.990, any other public health law of this state and any other public health matter not expressly preempted by a law of this state; (c) Adopt civil penalties for violations of ordinances and rules adopted under paragraph (b) of this subsection, provided that any civil penalty adopted under this paragraph is for an amount that does not exceed $1,000 per violation per day; (d) Review and make recommendations on the local public health modernization plan adopted under ORS 431.413; and (e) Monitor the progress of the local public health authority in meeting statewide and local public health goals, including progress in applying the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141. (2) The governing body of a local public health authority shall adopt ordinances and rules necessary to carry out the duties of the local public health authority under subsection (1) of this section. The governing body of a local public health authority may not adopt an ordinance or rule or policy that is inconsistent with or less strict than a provision of ORS 431.001 to 431.550 and 431.990 or any other public health law of this state, or that is inconsistent with or less strict than a rule adopted under ORS 431.001 to 431.550 and 431.990 or any other public health law of this state. (3) The governing body of a local public health authority may adopt schedules of fees for public health services that are reasonably calculated to not exceed the cost of the services performed. The local health department shall charge fees in accordance with the schedule or schedules adopted. [1961 c.610 6; 1973 c.829 22; 1977 c.582 27; 2009 c.595 562; 2015 c.736 26]
[1961 c.610 8; 1973 c.829 23; 1977 c.582 28; 1983 c.398 4; 2001 c.900 150; 2009 c.595 563; 2013 c.640 9; 2015 c.736 25; renumbered 431.413 in 2015]
(1) The Oregon Health Authority may by rule require each local public health authority to submit a plan, in a form and manner prescribed by the Oregon Health Authority, that describes how the local public health authority will use moneys made available under ORS 431.380. (2) The Oregon Health Authority may enter into an agreement with each local public health authority that describes the work the local public health authority agrees to perform and the amount of state funding the local public health authority will receive under ORS 431.380. (3) The Oregon Health Authority may enter into one or more agreements with a local public health authority for purposes of distributing funds, or providing incentives, to the local public health authority that are available through federal grants or other sources. Before entering into an agreement under this section, the Oregon Health Authority shall adopt by rule a process by which a local public health authority must submit the documentation necessary to receive incentives under an agreement authorized by this subsection. [Formerly 431.385; 2017 c.627 6] Note: See note under 431.115.
(1) Except when a local public health authority has transferred its responsibility to the Oregon Health Authority under ORS 431.382, a local public health authority shall appoint a qualified local public health administrator to supervise the activities of the local public health authority. In making an appointment under this subsection, the local public health authority shall consider standards for selection of local public health administrators prescribed by the Oregon Health Authority. (2)(a) When the local public health administrator is a physician licensed under ORS chapter 677, the local public health administrator may serve as the local health officer for the local public health authority. (b) When the local public health administrator does not serve as the local health officer, the local public health administrator shall employ or otherwise contract for services with a local health officer who is a physician licensed under ORS chapter 677 to perform the specific medical responsibilities requiring the services of a physician. (c) A physician employed or whose services are contracted for under this subsection is responsible to the local public health administrator for the medical and paramedical aspects of the public health programs administered by the local public health administrator. (3) The local public health administrator shall: (a) Serve as the executive secretary of the local public health authority, act as the administrator of the local health department and supervise the officers and employees appointed under paragraph (b) of this subsection. (b) Appoint, subject to the approval of the local public health authority, administrators, medical officers, public health nurses, environmental health specialists and such employees necessary to carry out the duties of the local public health administrator under ORS 431.001 to 431.550 and 431.990 and any other public health law of this state. (c) Provide the local public health authority at appropriate intervals information concerning the activities of the local health department and submit an annual budget for the approval of the governing body of the county or, for a health district formed under ORS 431.443, the governing bodies of the counties that formed the health district. (d) Act as the agent of the Oregon Health Authority in enforcing state public health laws and rules of the authority, including such sanitary inspection of hospitals and related institutions as may be requested by the authority. (e) Perform any other duty required by law. (4) A local public health administrator shall serve until removed by the appointing local public health authority. A local public health administrator may not engage in an occupation that conflicts with the local public health administrators official duties and shall devote sufficient time to fulfilling the requirements of subsection (3) of this section. However, if the governing body of a local public health authority is not established under ORS 431.443 (3), the local public health authority may, with the approval of the Director of the Oregon Health Authority, require the local public health administrator to work less than full-time. (5) A local public health administrator shall receive a salary fixed by the appointing authority and shall be reimbursed for actual and necessary expenses incurred in the performance of duties. [1961 c.610 7; 1973 c.829 24; 1977 c.582 29; 1981 c.127 2; 1993 c.26 1; 2003 c.14 242; 2003 c.547 112; 2009 c.595 564; 2015 c.736 41; 2019 c.321 4]
A local public health administrator has the powers of constables or other peace officers in matters pertaining to the public health. [Amended by 1961 c.610 11; 1973 c.829 27; 2015 c.736 42]
(1) Two or more contiguous counties may combine for the purpose of forming a health district when the governing body of each of the counties concerned adopt resolutions signifying their intention to form the health district. (2) The governing bodies of the counties forming the health district may meet together, elect a chairperson and transact business as a district board of health whenever a majority of the members of the governing bodies from each of the participating counties are present at a meeting. (3) In lieu of the procedure described in subsection (2) of this section, the governing bodies of the counties forming the health district may, by a two-thirds vote of the members from each participating county, establish and, except as provided in paragraph (f) of this subsection, appoint a district board of health consisting of the following members: (a) One member from each participating county governing body selected by the county governing body to which the member belongs. (b) One member from a school administrative unit within the health district. (c) One member from the administrative staff of a city within the health district. (d) Two physicians who have been licensed to practice medicine under ORS chapter 677 and who are residents of the health district. (e) One dentist who has been licensed to practice dentistry under ORS chapter 679 and who is a resident of the health district. (f) One person who is a resident of the health district and who is to be appointed by the members serving under paragraphs (a) to (c) of this subsection. (4) The term of office of the members referred to in subsection (3)(a) to (f) of this section shall be four years, with terms expiring on February 1, except that the first appointments made under this subsection shall be for terms of one, two, three or four years, as designated by a two-thirds vote of the members from each participating county. (5) The governing bodies of the counties comprising the health district may appoint a public health advisory board for terms of four years, with terms expiring on February 1, except that the first appointments made under this subsection shall be for terms of one, two, three or four years, as designated by the governing bodies. The advisory board shall meet regularly to advise the district board of health on matters of public health. The advisory board shall consist of: (a) Persons licensed by this state as health care practitioners. (b) Persons who are well informed on public health matters. [Formerly 431.414; 2019 c.321 6]
The governing body of a local public health authority may appoint a public health advisory board for terms of four years, with terms expiring on February 1, except that the first appointments made under this section shall be for terms of one, two, three or four years, as designated by the governing body. The advisory board shall meet regularly to advise the governing body of the local public health authority on matters of public health. The advisory board shall consist of: (1) Persons licensed by this state as health care practitioners. (2) Persons who are well informed on public health matters. [Formerly 431.412]
[Amended by 1961 c.610 3; renumbered 431.412]
(1) The governing body of a county shall provide adequate quarters and facilities for the office and operations of a local public health authority and shall appropriate sufficient moneys for the administration of the local public health authority and the operation of the local health department administered by the local public health authority. (2) If a health district is established under ORS 431.443, the governing body of each participating county shall appropriate annually moneys specifically designated for the administration of a local public health authority described in ORS 431.443 (2) or established under ORS 431.443 (3) and the operation of the local health department administered by the local public health authority. [Amended by 1961 c.610 13; 1973 c.829 31; 2015 c.736 43]
Public records, as defined in ORS 192.005, 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]
Nothing in ORS 431.380 to 431.510 and this section shall be construed to limit the authority of the Oregon Health Authority to require facts and statistics from local public health administrators on matters relating to the preservation of life and health of the people of this state. [1981 c.127 3; 2009 c.595 566; 2015 c.736 45]
[Formerly 431.607; renumbered 431A.050 in 2015]
[2013 c.605 1; renumbered 431A.055 in 2015]
[1985 c.191 1; 2009 c.595 567; renumbered 431.575 in 2013]
[1985 c.191 2; 2009 c.595 568; renumbered 431A.060 in 2015]
[Amended by 1961 c.610 4; renumbered 431.414]
[1985 c.191 4; 2009 c.595 569; renumbered 431A.065 in 2015]
[1985 c.191 6; 2009 c.595 570; 2011 c.703 36; renumbered 431A.070 in 2015]
[1985 c.191 7; 2009 c.848 5; renumbered 431A.075 in 2015]
[1985 c.191 8; 2009 c.595 571; renumbered 431A.080 in 2015]
[1991 c.784 1; 1999 c.1056 6; 2009 c.595 572; 2009 c.848 1; 2011 c.703 1; 2015 c.286 1; renumbered 431A.085 in 2015]
[1991 c.784 3; 2009 c.595 573; renumbered 431A.090 in 2015]
[1991 c.784 4; 2009 c.595 574; 2009 c.848 2; renumbered 431A.095 in 2015]
[2009 c.848 4; 2009 c.848 4a; 2015 c.286 2; renumbered 431A.100 in 2015]
[2001 c.717 1; 2009 c.595 575; renumbered 431A.105 in 2015]
[2013 c.339 1; renumbered 431A.525 in 2015]
[2013 c.339 3; renumbered 431A.530 in 2015]
[2013 c.313 1; renumbered 431A.125 in 2015]
[2005 c.551 6; 2010 c.27 2; 2010 c.62 5; renumbered 431A.450 in 2015]
[2009 c.450 1; 2010 c.27 1; 2010 c.62 6; 2011 c.637 270; renumbered 431A.455 in 2015]
As used in ORS 431.705 to 431.760, unless the context requires otherwise: (1) "Affected territory" means an area that is the subject of a proceedings under ORS 431.705 to 431.760 where there is a danger to public health or an alleged danger to public health. (2) "Boundary commission" means a local government boundary commission created under ORS 199.410 to 199.430, 199.435 to 199.464, 199.480 to 199.505 and 199.510. (3) "Commission" means the Environmental Quality Commission. (4) "Danger to public health" means a condition which is conducive to the propagation of communicable or contagious disease-producing organisms and which presents a reasonably clear possibility that the public generally is being exposed to disease-caused physical suffering or illness, including a condition such as: (a) Impure or inadequate domestic water. (b) Inadequate installations for the disposal or treatment of sewage, garbage or other contaminated or putrefying waste. (c) Inadequate improvements for drainage of surface water and other fluid substances. (5) "District" means any one of the following: (a) A metropolitan service district formed under ORS chapter 268. (b) A county service district formed under ORS chapter 451. (c) A sanitary district formed under ORS 450.005 to 450.245. (d) A sanitary authority, water authority or joint water and sanitary authority formed under ORS 450.600 to 450.989. (e) A domestic water supply district formed under ORS chapter 264. (6) "Requesting body" means the county court or local public health authority, as defined in ORS 431.003, that makes a request under ORS 431.715. (7) "Service facilities" means water or sewer installations or works. [1973 c.361 1; 1975 c.266 1; 1981 c.452 1; 1993 c.577 20; 2001 c.900 151; 2009 c.595 576; 2015 c.736 72]
(1) ORS 431.705 to 431.760 shall not apply if the affected territory could be subject to an annexation proceeding under ORS 222.840 to 222.915. (2) If the Oregon Health Authority, in accordance with ORS 431.705 to 431.760, finds that a danger to public health exists within the affected territory and that such danger could be removed or alleviated by the construction, maintenance and operation of service facilities, the authority shall initiate proceedings for the formation of or annexation to a district to serve the affected territory. If the affected territory is located within a district that has the authority to provide the service facilities, the authority shall order the district to provide service facilities in the affected territory. [1973 c.361 2; 1981 c.888 3; 2009 c.595 577]
(1) The county court or local public health authority, as defined in ORS 431.003, having jurisdiction over the territory where conditions dangerous to the public health exist shall adopt a resolution requesting the Oregon Health Authority to initiate proceedings for the formation of a district or annexation of territory to, or delivery of appropriate water or sewer services by, an existing district without vote or consent in the affected territory. The resolution shall: (a) Describe the boundaries of the affected territory; (b) Describe the conditions alleged to be causing a danger to public health; (c) Request the authority to ascertain whether conditions dangerous to public health exist in the affected territory and whether such conditions could be removed or alleviated by the provision of service facilities; and either (d) Recommend a district that the affected territory could be included in or annexed to for the purpose of providing the requested service facilities; or (e) Recommend that an existing district provide service facilities in the affected territory. (2) The requesting body shall cause a certified copy of the resolution, together with the time schedule and preliminary plans and specifications, prepared in accordance with subsection (3) of this section, to be forwarded to the Oregon Health Authority. (3) The requesting body shall cause a study to be made and preliminary plans and specifications prepared for the service facilities considered necessary to remove or alleviate the conditions causing a danger to public health. The requesting body shall prepare a schedule setting out the steps necessary to put the facilities into operation and the time required for each step in implementation of the plans. (4) If the preliminary plans involve facilities that are subject to the jurisdiction of the Environmental Quality Commission, a copy of the documents submitted to the Oregon Health Authority under subsection (2) of this section shall be submitted to the commission for review, in accordance with ORS 431.725, of those facilities that are subject to its jurisdiction. No order or findings shall be adopted under ORS 431.735 or 431.756 until the plans of the requesting body for such facilities, if any, have been approved by the commission. [1973 c.361 3; 1981 c.888 4; 2009 c.595 578; 2015 c.736 73]
(1) Any person who may be adversely affected by the failure of a county court to adopt a resolution as required by ORS 431.715 (1) may seek to compel the adoption of such resolution through a writ of mandamus under ORS 34.105 to 34.240. (2) The prevailing party in a proceeding under ORS 34.105 to 34.240 authorized by subsection (1) of this section is entitled to reasonable attorney fees in addition to costs and necessary disbursements. [1981 c.888 6]
(1) Upon receipt of the documents submitted under ORS 431.715 (4), the Environmental Quality Commission shall review them to determine whether the conditions dangerous to public health within the affected territory could be removed or alleviated by the provision of service facilities that are subject to the jurisdiction of the commission. (2) If the commission considers such proposed facilities and the time schedule for installation of such facilities adequate to remove or alleviate the dangerous conditions, it shall approve the part of the plans that are subject to its jurisdiction and certify its approval to the Oregon Health Authority. (3) If the commission considers the proposed facilities or time schedule inadequate, it shall disapprove the part of the plans that are subject to its jurisdiction and certify its disapproval to the authority. The commission shall also inform the requesting body of its approval or disapproval and, in case of disapproval, of the particular matters causing the disapproval. The requesting body may then submit additional or revised plans. [1973 c.361 4; 2009 c.595 579]
(1) Upon receipt of the certified copy of a resolution adopted under ORS 431.715, the Oregon Health Authority shall contact the requesting body within 30 days of receipt of the request and schedule the review and investigation of conditions in the affected territory. The authority shall review and investigate conditions in the affected territory in accordance with the agreed upon schedule unless both parties agree to an extension. If it finds substantial evidence that a danger to public health exists in the territory, it shall issue an order setting a time and place for a hearing on the resolution. The hearing shall be held within the affected territory, or at a place near the territory if there is no suitable place within the territory at which to hold the hearing, not less than 30 or more than 50 days after the date of the order. (2) Upon issuance of an order for a hearing, the authority shall immediately give notice of the time and place of the hearing on the resolution by publishing the order and resolution in a newspaper of general circulation within the territory once each week for two successive weeks and by posting copies of the order in four public places within the territory prior to the hearing. [1973 c.361 5; 1981 c.452 2; 2009 c.595 580]
(1) At the hearing on the resolution, any interested person shall be given a reasonable opportunity to be heard or to present written statements. The hearing shall be for the sole purpose of determining whether a danger to public health exists due to conditions in the affected territory and whether such conditions could be removed or alleviated by the provision of service facilities. Hearings under this section shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. It shall be conducted in accordance with the provisions of ORS chapter 183. The Oregon Health Authority shall publish a notice of the issuance of said findings and recommendations in the newspaper utilized for the notice of hearing under ORS 431.725 (2) advising of the opportunity for presentation of a petition under subsection (2) of this section. (2) Within 15 days after the publication of notice of issuance of findings in accordance with subsection (1) of this section, any person who may be affected by the findings, or the affected district, may petition the Director of the Oregon Health Authority according to rules of the authority to present written or oral arguments relative to the proposal. If a petition is received, the director may set a time and place for receipt of argument. [1973 c.361 6; 1975 c.266 2; 1999 c.849 81,82; 2003 c.75 35; 2009 c.595 581]
(1) If the Director of the Oregon Health Authority after investigation finds that no danger to public health exists because of conditions within the affected territory, or that such a danger does exist but the conditions causing it could not be removed or alleviated by the provision of service facilities, the director shall issue an order terminating the proceedings under ORS 431.705 to 431.760 with reference to the affected territory. (2) If the director finds, after investigation and the hearing required by ORS 431.725, that a danger to public health exists because of conditions within the territory, and that such conditions could be removed or alleviated by the provisions of service facilities in accordance with the plans and specifications and the time schedule proposed, the director shall enter findings in an order, directed to the officers described by ORS 431.740, setting out the service facilities to be provided. (3) If the director determines that a danger to public health exists because of conditions within only part of the affected territory, or that such conditions could be removed or alleviated in only part of the affected territory by the provision of service facilities, the director may, subject to conditions stated in ORS 431.705 to 431.760, reduce the boundaries of the affected territory to that part which presents a danger or in which the conditions could be removed or alleviated if the area to be excluded would not be surrounded by the territory remaining to be annexed and would not be directly served by the sanitary, water or other facilities necessary to remove or alleviate the danger to public health existing within the territory remaining to be annexed. The findings shall describe the boundaries of the area as reduced by the director. (4) In determining whether to exclude any area the director may consider whether or not such exclusion would unduly interfere with the removal or alleviation of the danger to public health in the area remaining to be annexed and whether the exclusion would result in an illogical boundary for the provision of services. (5) The requesting body or the boundary commission shall, when requested, aid in the determinations made under subsections (3) and (4) of this section and, if necessary, cause a study to be made. [1973 c.361 7; 1975 c.266 3; 2009 c.595 582]
(1) If a boundary commission has jurisdiction of the affected territory, the Director of the Oregon Health Authority shall file the findings and order with such boundary commission. If the affected territory is not within the jurisdiction of a boundary commission, the director shall file the findings and order with the county court of the county having jurisdiction of the territory. (2) The Oregon Health Authority and the Environmental Quality Commission shall use their applicable powers of enforcement to insure that the service facilities are constructed or installed in conformance with the approved plans and schedules. [1973 c.361 8; 2009 c.595 583]
(1) At any time after the adoption of a resolution under ORS 431.715, a petition, signed by not less than 51 percent of the electors registered in the affected territory, may be filed with the Oregon Health Authority. The petition shall suggest an alternative plan to the proposed formation or annexation for removal or alleviation of the conditions dangerous to public health. The petition shall state the intent of the residents to seek annexation to an existing city or special district authorized by law to provide service facilities necessary to remove or alleviate the dangerous conditions. The petition shall be accompanied by a proposed plan which shall state the type of facilities to be constructed, a proposed means of financing the facilities and an estimate of the time required to construct such facilities and place them in operation. (2) Upon receipt of the petition, the authority shall immediately forward a copy of the petition to the Environmental Quality Commission, if the plan accompanying the petition involves facilities that are subject to the jurisdiction of the commission. The authority also shall forward a copy of the petition to the requesting body and to the county court or boundary commission where the authority filed its findings under ORS 431.740 and direct the county court or boundary commission to stay the proceedings pending the review permitted under this section and ORS 431.750. [1973 c.361 9; 1983 c.83 84; 2009 c.595 584]
(1) If the alternative plan submitted under ORS 431.745 (1) involves service facilities that are subject to the jurisdiction of the commission, the alternative plan shall be submitted to and reviewed by the Environmental Quality Commission and shall be approved or rejected by the commission within 30 days from the date of filing with the Oregon Health Authority. In reviewing the alternative plan, the commission shall consider whether, in its judgment, the plan contains a preferable alternative for the alleviation or removal of the conditions dangerous to public health. If the commission determines that the original plan provides the better and most expeditious method of removing or alleviating the dangerous conditions, it shall disapprove the alternative plan and inform the authority of its decision. The authority shall order the proceedings on the finding filed under ORS 431.740 to resume. (2) If the commission finds that the alternative plan provides a preferable method of alleviating or removing the dangerous conditions, the petitioners shall be granted six months within which to present to the commission information showing: (a) That the affected territory has annexed to a city or special district authorized by law to provide the service facilities necessary to remove or alleviate the dangerous conditions, and that the financing of the extension of such facilities to the territory has been assured. (b) Detailed plans and specifications for the construction of such facilities. (c) A time schedule for the construction of such facilities. (d) That such facilities, if constructed, will remove or alleviate the conditions dangerous to public health in a manner as satisfactory and expeditious as would be accomplished by the formation or annexation proposed by the original plans. (3) The commission shall review the plan presented to it by the petitioners under subsection (2) of this section and shall promptly certify to the authority whether the requirements of subsection (2) of this section have been met. If the requirements have been met, the authority shall certify the alternative plan to the county court or boundary commission having jurisdiction and direct it to proceed in accordance with the alternative plan and in lieu of the plans filed under ORS 431.740. If the requirements of subsection (2) of this section are not met by the petitioners, the authority shall certify that fact to the county court or boundary commission having jurisdiction and direct it to continue the proceedings on the plans filed under ORS 431.740. [1973 c.361 10; 2009 c.595 585]
Judicial review of orders under ORS 431.705 to 431.760 shall be as provided in ORS 183.480, 183.485, 183.490 and 183.500. [1975 c.266 5 (enacted in lieu of 431.755)]
(1) A person who owns property or resides within affected territory that is subject to proceedings under the provisions of ORS 431.705 to 431.760 shall not participate in an official capacity in any investigation, hearing or recommendation relating to such proceedings. If the Director of the Oregon Health Authority is such a person, the director shall so inform the Governor, who shall appoint another person to fulfill the duties of the director in any investigation, hearing or recommendation relating to the such proceeding. (2) Subsection (1) of this section does not excuse a member of a county court from voting on the order required by ORS 198.792 (2) or 451.445 (1). [1973 c.361 12; 2009 c.595 586]
[1983 c.358 1; renumbered 431A.775 in 2015]
[1983 c.358 2; renumbered 431A.780 in 2015]
[2013 c.411 1; renumbered 431A.550 in 2015]
[1987 c.340 4; 2009 c.595 588; renumbered 431A.575 in 2015]
[1999 c.737 2; 2009 c.595 589; renumbered 431A.600 in 2015]
[1987 c.114 1; 2001 c.900 152; 2009 c.595 590; renumbered 431A.625 in 2015]
[1999 c.1025 1; 2009 c.595 591; renumbered 431A.150 in 2015]
[1997 c.2 13; 2009 c.595 592; renumbered 431A.153 in 2015]
[1997 c.2 14; 2009 c.595 593; renumbered 431A.155 in 2015]
[1997 c.2 15; 2009 c.595 594; renumbered 431A.158 in 2015]
[1989 c.764 1; 2001 c.187 1; 2014 c.20 2; 2015 c.158 1; renumbered 431A.175 in 2015]
[1989 c.764 2; 1991 c.970 6; 2015 c.158 2; renumbered 431A.178 in 2015]
[1989 c.764 3,6; 1991 c.734 20; renumbered 431A.180 in 2015]
[1993 c.788 1; 2009 c.595 595; 2015 c.158 3; renumbered 431A.183 in 2015]
[1987 c.902 3; 1989 c.987 23; 1991 c.67 113; 2007 c.822 19; renumbered 431A.650 in 2015]
[1989 c.987 24; renumbered 431A.655 in 2015]
[2011 c.220 1; renumbered 431A.675 in 2015]
[2011 c.220 2; 2013 c.1 63; renumbered 431A.680 in 2015]
[2011 c.220 3; renumbered 431A.685 in 2015]
[1991 c.915 2; 1995 c.278 54; renumbered 431A.300 in 2015]
[1991 c.915 1; renumbered 431A.303 in 2015]
[1991 c.915 3; renumbered 431A.305 in 2015]
[1991 c.915 4; renumbered 431A.308 in 2015]
[1995 c.76 2; renumbered 431A.310 in 2015]
[1991 c.915 5; 2009 c.595 596; renumbered 431A.313 in 2015]
[1991 c.915 8; renumbered 431A.315 in 2015]
[1991 c.915 9; renumbered 431A.318 in 2015]
[1991 c.915 11; 1995 c.618 70; renumbered 431A.320 in 2015]
[1991 c.915 10; renumbered 431A.323 in 2015]
[1991 c.915 12,13; 2009 c.595 597; renumbered 431A.325 in 2015]
[2009 c.757 1; renumbered 431A.350 in 2015]
[2009 c.757 2; 2009 c.828 65; renumbered 431A.353 in 2015]
[1995 c.795 6; 2009 c.595 598; 2009 c.828 66; renumbered 431A.355 in 2015]
[2009 c.757 4; renumbered 431A.358 in 2015]
[1991 c.619 1; renumbered 453.726 in 2011]
[2012 c.11 1; renumbered 431A.360 in 2015]
[1991 c.619 2; renumbered 453.727 in 2011]
[1991 c.619 3,4; renumbered 453.728 in 2011]
[1991 c.619 5; 1993 c.728 2; 2007 c.856 1; 2009 c.595 599; renumbered 453.729 in 2011]
[1991 c.619 6,7; 2009 c.595 600; renumbered 453.730 in 2011]
[1991 c.619 9,13; 2009 c.595 601; renumbered 453.731 in 2011]
[1991 c.619 11; 2009 c.595 602; renumbered 453.732 in 2011]
[2009 c.799 1; 2013 c.550 1; renumbered 431A.850 in 2015]
[2009 c.799 2; 2011 c.720 184; 2013 c.550 2; renumbered 431A.855 in 2015]
[2009 c.799 3; 2011 c.720 185; 2013 c.550 3; 2015 c.481 1; renumbered 431A.860 in 2015]
[2009 c.799 4; 2011 c.720 186; 2013 c.550 4; 2015 c.736 74; renumbered 431A.865 in 2015]
[2009 c.799 5; renumbered 431A.870 in 2015]
[2009 c.799 7; 2011 c.720 187; renumbered 431A.875 in 2015]
[2009 c.799 8; renumbered 431A.880 in 2015]
[2009 c.799 11; 2011 c.720 188; renumbered 431A.885 in 2015]
[2009 c.799 9; 2011 c.720 189; renumbered 431A.890 in 2015]
[2009 c.799 10; 2011 c.720 190; renumbered 431A.895 in 2015]
Unless otherwise specifically provided by law, failure to obey ORS 431.001 to 431.550 and 431.990 or rules adopted under ORS 431.001 to 431.550 and 431.990 or failure to obey a lawful written order relating to public health issued by the Director of the Oregon Health Authority or a local public health administrator is a Class A misdemeanor. [Amended by 1959 c.629 46; 1961 c.610 15; 1973 c.408 34; 1973 c.829 33; 1977 c.582 32; 2001 c.900 153; 2009 c.595 603; 2015 c.736 46]
[2009 c.799 6; renumbered 431A.900 in 2015]
[2009 c.757 5; 2009 c.828 67; renumbered 431A.363 in 2015]
As used in ORS 431A.005 to 431A.020: (1) "Childrens facility" has the meaning given that term in ORS 433.235. (2) "Communicable disease" means a disease or condition, the infectious agent of which may be transmitted by any means from one person or from an animal to another person, that may result in illness, death or severe disability. (3) "Condition of public health importance" means a disease, syndrome, symptom, injury or other threat to public health that is identifiable on an individual or community level. (4) "Disease outbreak" means a significant or notable increase in the number of cases of a disease or other condition of public health importance. (5) "Epidemic" means the occurrence in a community or region of a group of similar conditions of public health importance that are in excess of normal expectancy and derived from a common or propagated source. (6) "Local public health administrator" means a local public health administrator as defined in ORS 431.003 or the authorized representative of a local public health administrator. (7) "Local public health authority" has the meaning given that term in ORS 431.003. (8) "Public health law" means any statute, rule or local ordinance that has the purpose of promoting or protecting the public health and that establishes the authority of the Oregon Health Authority, the Public Health Director, the Public Health Officer, a local public health authority or local public health administrator to enforce the statute, rule or local ordinance. (9) "Public health measure" means a test, medical examination, treatment, isolation, quarantine or other measure imposed on an individual or group of individuals in order to prevent the spread of or exposure to a communicable disease, toxic substance or transmissible agent. (10) "Reportable disease" means a disease or condition, the reporting of which enables a public health authority to take action to protect or to benefit the public health. (11) "School" has the meaning given that term in ORS 433.235. (12) "Specimen" means blood, sputum, urine, stool or other bodily fluids and wastes, tissues, and cultures necessary to perform required tests. (13) "Test" means any diagnostic or investigative analyses or medical procedures that determine the presence or absence of, or exposure to, a condition of potential public health importance, or its precursor in an individual. (14) "Toxic substance" means a substance that may cause illness, disability or death to persons who are exposed to it. [Formerly 431.260]
(1) The Oregon Health Authority and local public health administrators shall have the power to enforce public health laws. The enforcement powers authorized by this section include, but are not limited to, the authority to: (a) Investigate possible violations of public health laws; (b) Issue subpoenas requiring testimony or the production of physical or other evidence; (c) Issue administrative orders to enforce compliance with public health laws; (d) Issue a notice of violation of a public health law and impose a civil penalty as established by rule not to exceed $500 a day per violation; (e) Enter private property at any reasonable time with consent of the owner or custodian of the property to inspect, investigate, evaluate or conduct tests, or take specimens or samples for testing, as may be reasonably necessary to determine compliance with any public health law; (f) Enter a public place to inspect, investigate, evaluate, conduct tests, or take specimens or samples for testing as may be reasonably necessary to determine compliance with the provisions of any public health law; (g) Seek an administrative warrant from an appropriate court authorizing the inspection, investigation, evaluation or testing, or taking of specimens or samples for testing, if denied entry to property; (h) Restrict access to contaminated property; (i) Require removal or abatement of a toxic substance on any property and prescribe the proper measures for the removal or abatement; (j) Maintain a civil action to enforce compliance with public health laws, including a petition to a court for an order imposing a public health measure appropriate to the public health threat presented; (k) Refer any possible criminal violations of public health laws to a district attorney or other appropriate law enforcement official; and (L) Request the Attorney General to assist in the enforcement of the public health laws. (2) Any administrative actions undertaken by the state under this section shall comply with the provisions of ORS chapter 183. (3) State and local law enforcement officials, to the extent resources are available, must assist the Oregon Health Authority and local public health administrators in ensuring compliance with administrative or judicial orders issued pursuant to this section. (4) Nothing in this section shall be construed to limit any other enforcement authority granted by law to a local public health authority or to the state. [Formerly 431.262]
(1) Unless the Governor has declared a public health emergency under ORS 433.441, the Public Health Director may, upon approval of the Governor or the designee of the Governor, take the public health actions described in subsection (2) of this section if the Public Health Director determines that: (a)(A) A communicable disease, reportable disease, disease outbreak, epidemic or other condition of public health importance has affected more than one county; (B) There is an immediate need for a consistent response from the state in order to adequately protect the public health; (C) The resources of the local public health authority or authorities are likely to be quickly overwhelmed or unable to effectively manage the required response; and (D) There is a significant risk to the public health; or (b) A communicable disease, reportable disease, disease outbreak, epidemic or other condition of public health importance is reported in Oregon and is an issue of significant regional or national concern or is an issue for which there is significant involvement from federal authorities requiring state-federal coordination. (2) The Public Health Director, after making the determinations required under subsection (1) of this section, may take the following public health actions: (a) Coordinate the public health response across jurisdictions. (b) Prescribe measures for the: (A) Identification, assessment and control of the communicable disease or reportable disease, disease outbreak, epidemic or other condition of public health importance; and (B) Allocation and distribution of antitoxins, serums, vaccines, immunizing agents, antibiotics, antidotes and other pharmaceutical agents, medical supplies or personal protective equipment. (c) After consultation with appropriate medical experts, create and require the use of diagnostic and treatment guidelines and provide notice of those guidelines to health care providers, institutions and facilities. (d) Require a person to obtain treatment and use appropriate prophylactic measures to prevent the introduction or spread of a communicable disease or reportable disease, unless: (A) The person has a medical diagnosis for which a vaccination is contraindicated; or (B) The person has a religious or conscientious objection to the required treatments or prophylactic measures. (e) Notwithstanding ORS 332.075, direct a district school board to close a childrens facility or school under the jurisdiction of the board. The authority granted to the Public Health Director under this paragraph supersedes the authority granted to the district school board under ORS 332.075 to the extent the authority granted to the board is inconsistent with the authority granted to the director. (f) Issue guidelines for private businesses regarding appropriate work restrictions. (g) Organize public information activities regarding the public health response to circumstances described in subsection (1) of this section. (h) Adopt reporting requirements for, and provide notice of those reporting requirements to, health care providers, institutions and facilities for the purpose of obtaining information directly related to the public health threat presented. (i) Take control of antitoxins, serums, vaccines, immunizing agents, antibiotics, antidotes and other pharmaceutical agents, medical supplies or personal protective equipment. (3) The authority granted to the Public Health Director under this section is not intended to override the general authority provided to a local public health authority except as already permitted by law, or under the circumstances described in subsection (1) of this section. (4) If the Oregon Health Authority adopts temporary rules to implement subsection (2) of this section, the rules adopted are not subject to the provisions of ORS 183.335 (6)(a). The authority may amend the temporary rules adopted under this subsection as often as is necessary to respond to the public health threat. (5) If it is necessary for the authority to purchase antitoxins, serums, vaccines, immunizing agents, antibiotics, antidotes or other pharmaceutical agents, medical supplies or personal protective equipment, the purchases are not subject to the provisions of ORS chapter 279A, 279B or 279C. (6) If property is taken under the authority granted to the Public Health Director under subsection (2) of this section, the owner of the property is entitled to reasonable compensation from the state. [Formerly 431.264]
The Public Health Director, after consultation with local public health authorities and local public health administrators, shall adopt rules governing the development of emergency plans and an incident management system. [Formerly 431.266]
In cooperation with representatives of the emergency medical services professions, the Oregon Health Authority shall develop a comprehensive emergency medical services and trauma system. The authority shall report progress on the system to the Legislative Assembly. [Formerly 431.575]
(1) The State Trauma Advisory Board is established within the Oregon Health Authority. The board must have at least 18 members. The Director of the Oregon Health Authority shall appoint at least 17 voting members as described in subsection (2) of this section. The chairperson of the State Emergency Medical Service Committee established under ORS 682.039, or the chairpersons designee, shall be a nonvoting member. (2) The director shall, subject to subsection (3) of this section, appoint members to serve on the State Trauma Advisory Board, including: (a) At least one member from each area trauma advisory board described in ORS 431A.070. (b) At least two physicians who are trauma surgeons from each trauma center designated by the authority as a Level I trauma center. (c) From trauma centers designated by the authority as Level I or Level II trauma centers, at least one physician who is a neurosurgeon or orthopedic surgeon. (d) From trauma centers designated by the authority as Level I trauma centers: (A) At least one physician who practices emergency medicine; and (B) At least one nurse who is a trauma program manager. (e) From trauma centers designated by the authority as Level II trauma centers: (A) At least one physician who is a trauma surgeon; and (B) At least one nurse who is a trauma coordinator. (f) From trauma centers designated by the authority as Level III trauma centers: (A) At least one physician who is a trauma surgeon or who practices emergency medicine; and (B) At least one nurse who is a trauma coordinator. (g) At least one nurse who is a trauma coordinator from a trauma center designated by the authority as a Level IV trauma center. (h) From a predominately urban area: (A) At least one trauma hospital administration representative; and (B) At least one emergency medical services provider. (i) From a predominately rural area: (A) At least one trauma hospital administration representative; and (B) At least one emergency medical services provider. (j) At least two public members. (k) At least one representative from a public safety answering point. (3) In appointing members under subsection (2)(j) of this section, the director may not appoint a member who has an economic interest in the provision of emergency medical services or trauma care. (4)(a) The State Trauma Advisory Board shall: (A) Advise the authority with respect to the authoritys duties and responsibilities under ORS 431A.050 to 431A.080, 431A.085, 431A.090, 431A.095, 431A.100 and 431A.105; (B) Advise the authority with respect to the adoption of rules under ORS 431A.050 to 431A.080, 431A.085, 431A.095 and 431A.105; (C) Analyze data related to the emergency medical services and trauma system developed pursuant to ORS 431A.050; and (D) Suggest improvements to the emergency medical services and trauma system developed pursuant to ORS 431A.050. (b) In fulfilling the duties, functions and powers described in this subsection, the board shall: (A) Make evidence-based decisions that emphasize the standard of care attainable throughout this state and by individual communities located in this state; and (B) Seek the advice and input of coordinated care organizations. (5)(a) The State Trauma Advisory Board may establish a Quality Assurance Subcommittee for the purposes of providing peer review support to and discussing evidence-based guidelines and protocols with the members of area trauma advisory boards and trauma care providers located in this state. (b) Notwithstanding ORS 414.227, meetings of the subcommittee are not subject to ORS 192.610 to 192.690. (c) Personally identifiable information provided by the State Trauma Advisory Board to individuals described in paragraph (a) of this subsection is not subject to ORS 192.311 to 192.478. (6) A majority of the voting members of the board constitutes a quorum for the transaction of business. (7) Official action taken by the board requires the approval of a majority of the voting members of the board. (8) The board shall nominate and elect a chairperson from among its voting members. (9) The board shall meet at the call of the chairperson or of a majority of the voting members of the board. (10) The board may adopt rules necessary for the operation of the board. (11) The term of office of each voting member of the board is four years, but a voting member serves at the pleasure of the director. Before the expiration of the term of a voting member, the director shall appoint a successor whose term begins January 1 next following. A voting member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become immediately effective for the unexpired term. (12) Members of the board are not entitled to compensation, but may be reimbursed from funds available to the Oregon Health Authority, for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. [Formerly 431.580; 2017 c.101 28; 2019 c.456 25] Note: 431A.055 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 431A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) With the advice of the State Trauma Advisory Board, the Oregon Health Authority shall: (a) Develop and monitor a statewide trauma system; and (b) Designate within the state, trauma areas consistent with local resources, geography and current patient referral patterns. (2) Each trauma area shall have: (a) Central medical control for all field care and transportation consistent with geographic and current communications capability. (b) The development of triage protocols. (c) One or more hospitals categorized according to trauma care capabilities using standards adopted by the authority by rule. Such rules shall be modeled after the American College of Surgeons Committee on Trauma standards. (d) The establishment of area trauma advisory boards to develop trauma system plans for each trauma area. (3) On and after July 1, 1986, the authority may designate trauma system hospitals in accordance with area trauma advisory board plans which meet state objectives and standards. (4) Trauma system plans shall be implemented by June 30, 1987, in Health Systems Area I, and June 30, 1988, in Health Systems Areas II and III. [Formerly 431.609]
(1) Prior to approval and implementation of area trauma plans submitted to the Oregon Health Authority by area trauma advisory boards, the authority shall adopt rules pursuant to ORS chapter 183 which specify state trauma objectives and standards, hospital categorization criteria and criteria and procedures to be utilized in designating trauma system hospitals. (2) For approved area trauma plans recommending designation of trauma system hospitals, the authority rules shall provide for: (a) The transport of a member of a health maintenance organization, or other managed health care system, as defined by rule, to a hospital that contracts with the health maintenance organization when central medical control determines that the condition of the member permits such transport; and (b) The development and utilization of protocols between designated trauma hospitals and health maintenance organizations, or other managed health care systems, as defined by rule, including notification of admission of a member to a designated trauma hospital within 48 hours of admission, and coordinated discharge planning between a designated trauma hospital and a hospital that contracts with a health maintenance organization to facilitate transfer of the member when the medical condition of the member permits. [Formerly 431.611]
(1)(a) Area trauma advisory boards shall meet as often as necessary to: (A) Identify specific trauma area needs and problems; and (B) Propose to the Oregon Health Authority area trauma system plans and changes that meet state standards and objectives. (b) The authority, acting with the advice of the State Trauma Advisory Board established under ORS 431A.055, has the authority to implement plans and changes proposed under paragraph (a) of this subsection. (2) In concurrence with the Governor, the authority shall select members for each trauma area from lists submitted by local associations of emergency medical services providers, emergency nurses, emergency physicians, surgeons, hospital administrators, emergency medical services agencies and citizens at large. The members of an area trauma advisory board must be broadly representative of the trauma area as a whole. An area trauma advisory board must consist of at least 16 members and must include: (a) Two surgeons; (b) Two physicians serving as emergency physicians; (c) Two hospital administrators from different hospitals; (d) Two nurses serving as emergency nurses; (e) Two emergency medical services providers serving different emergency medical services; (f) One emergency medical services medical director; (g) Two representatives of the public at large selected from among those submitting letters of application in response to public notice by the authority; (h) One representative of any bordering state that is included within the patient referral area; (i) One ambulance service owner or operator or both; and (j) One representative from a public safety answering point. (3) Members of an area trauma advisory board described in subsection (2)(g) of this section may not have an economic interest in health care services provided in the trauma area for which the area trauma advisory board makes proposals under subsection (1)(a)(B) of this section. [Formerly 431.613; 2017 c.101 29; 2019 c.456 26]
(1) A provider may not be held liable for acting in accordance with approved trauma system plans. (2) A person who in good faith provides data or other information to the Oregon Trauma Registry in accordance with ORS 431A.085 to 431A.105 is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to provision of the data. [Formerly 431.617]
The Oregon Health Authority shall continuously identify the causes of trauma in Oregon, and propose programs of prevention thereof for consideration by the Legislative Assembly or others. [Formerly 431.619]
(1) The Emergency Medical Services and Trauma Systems Program is created within the Oregon Health Authority for the following purposes: (a) Administering and regulating ambulances; (b) Training and licensing emergency medical services providers; (c) Establishing and maintaining emergency medical systems, including trauma systems; and (d) Maintaining the Oregon Trauma Registry for purposes related to trauma reimbursement, system quality assurance and cost efficiency. (2) The duties vested in the authority under ORS 431A.050 to 431A.080 and ORS chapter 682 shall be performed by the program. (3) The program shall be administered by a director. (4) The director of the program shall apply moneys transferred to the program under ORS 442.870 to: (a) Developing state and regional standards of care; (b) Developing a statewide educational curriculum to teach standards of care; (c) Implementing quality improvement programs; (d) Creating a statewide data system for prehospital care; and (e) Providing ancillary services to enhance this states emergency medical service system. (5) The director of the program shall adopt rules for the Oregon Trauma Registry. Rules adopted under this subsection must establish: (a) The information that must be reported by trauma centers to the program for inclusion in the Oregon Trauma Registry; (b) The form and frequency of reporting information under paragraph (a) of this subsection; and (c) Procedures and standards for the administration of the Oregon Trauma Registry. (6) The director of the program may adopt rules establishing, from information maintained in the Oregon Trauma Registry, a registry of information related to brain injury trauma. [Formerly 431.623]
(1) In addition to and not in lieu of ORS 431A.050 to 431A.075, the Oregon Health Authority shall designate trauma centers in areas that are within the jurisdiction of trauma advisory boards other than in the area within the jurisdiction of area trauma advisory board 1. (2) The authority shall enter into contracts with designated trauma centers and monitor and assure quality of care and appropriate costs for trauma patients meeting trauma system entry criteria. (3) All findings and conclusions, interviews, reports, studies, communications and statements procured by or furnished to the authority, the State Trauma Advisory Board or an area trauma advisory board in connection with obtaining the data necessary to perform patient care quality assurance functions shall be confidential pursuant to ORS 192.338, 192.345 and 192.355. (4)(a) All data received or compiled by the State Trauma Advisory Board or any area trauma advisory board in conjunction with authority monitoring and assuring quality of trauma patient care shall be confidential and privileged, nondiscoverable and inadmissible in any proceeding. No person serving on or communicating information to the State Trauma Advisory Board or an area trauma advisory board shall be examined as to any such communications or to the findings or recommendations of such board. A person serving on or communicating information to the State Trauma Advisory Board or an area trauma advisory board shall not be subject to an action for civil damages for actions taken or statements made in good faith. Nothing in this section affects the admissibility in evidence of a partys medical records not otherwise confidential or privileged dealing with the partys medical care. The confidentiality provisions of ORS 41.675 and 41.685 shall also apply to the monitoring and quality assurance activities of the State Trauma Advisory Board, area trauma advisory boards and the authority. (b) As used in this section, "data" includes but is not limited to written reports, notes, records and recommendations. (5) Final reports by the authority, the State Trauma Advisory Board and area trauma advisory boards shall be available to the public. (6) The authority shall publish a biennial report of the Emergency Medical Services and Trauma Systems Program and trauma systems activities. [Formerly 431.627]
(1) Designated trauma centers and providers, physical rehabilitation centers, alcohol and drug rehabilitation centers and ambulances shall develop a monthly log of all unsponsored, inadequately insured trauma system patients determined by the hospital to have an injury severity score greater than or equal to 13, and submit monthly to the Emergency Medical Services and Trauma Systems Program the true costs and unpaid balance for the care of these patients. (2) No reimbursement for these patients shall occur until: (a) All information required by the Emergency Medical Services and Trauma Systems Program rules is submitted to the Oregon Trauma Registry; and (b) The Emergency Medical Services and Trauma Systems Program confirms that the injury severity score, as defined by the Oregon Health Authority by rule, is greater than or equal to 13. (3) The Emergency Medical Services and Trauma Systems Program shall cause providers to be reimbursed in the following decreasing order of priority: (a) Designated trauma centers and providers; (b) Physical rehabilitation centers; (c) Alcohol and drug rehabilitation centers; and (d) Ambulances. (4) Subject to the availability of funds, the Emergency Medical Services and Trauma Systems Program shall cause the designated trauma centers and providers to be paid first in full. Subsequent providers shall be paid from the balance remaining according to priority. (5) Any matching funds, available pursuant to the Trauma Care Systems Planning and Development Act of 1990 (P.L. 101-590), that are available for purposes of the Emergency Medical Services and Trauma Systems Program may be used for related studies and projects and reimbursement for uncompensated care. [Formerly 431.633]
(1) As used in this section, "individually identifiable information" means: (a) Individually identifiable health information as that term is defined in ORS 179.505; and (b) Information that could be used to identify a health care provider, nontransporting prehospital care provider, ambulance service medical transportation agency or health care facility. (2) Notwithstanding ORS 431A.090, individually identifiable information may be released from the Oregon Trauma Registry: (a) For use in executive session to conduct specific case reviews by: (A) The State Trauma Advisory Board or any area trauma advisory board; (B) The State Emergency Medical Service Committee; or (C) The Emergency Medical Services for Children Advisory Committee. (b) To the Oregon Health Authority for purposes related to the administration of public health programs, including: (A) The establishment of a registry of information related to brain injury trauma as described in ORS 431A.085 (6); and (B) The performance of epidemiological investigations of the causes of and risk factors associated with trauma injuries. (c) To an emergency medical services provider or a designated trauma center for purposes related to quality of service assurance and improvement, if the information is related to the treatment of an individual by the provider or center. (d) To the Department of Human Services for purposes related to enabling the department to plan for and provide services to individuals adversely affected by trauma injuries, if the department agrees to use the information only for the purposes described in this paragraph and to maintain the confidentiality of the information. (e) To a person conducting research if: (A) An institutional review board has approved the research in accordance with 45 C.F.R. part 46; and (B) The person agrees to maintain the confidentiality of the information. (f) To the designated official of an ambulance service or to a nontransporting prehospital care provider pursuant to ORS 682.056. (3) The Oregon Health Authority may release only the minimum amount of individually identifiable information necessary to carry out the purposes for which the information is released under this section. [Formerly 431.635; 2017 c.229 4]
(1) Subject to available funding from gifts, grants or donations, the Emergency Medical Services for Children Program is established in the Oregon Health Authority. The Emergency Medical Services for Children Program shall operate in cooperation with the Emergency Medical Services and Trauma Systems Program to promote the delivery of emergency medical and trauma services to the children of Oregon. (2) The Oregon Health Authority shall: (a) Employ or contract with professional, technical, research and clerical staff as required to implement this section. (b) Provide technical assistance to the State Trauma Advisory Board on the integration of an emergency medical services for children program into the statewide emergency medical services and trauma system. (c) Provide advice and technical assistance to area trauma advisory boards on the integration of an emergency medical services for children program into area trauma system plans. (d) Establish an Emergency Medical Services for Children Advisory Committee. (e) Establish guidelines for: (A) The approval of emergency and critical care medical service facilities for pediatric care, and for the designation of specialized regional pediatric critical care centers and pediatric trauma care centers. (B) Referring children to appropriate emergency or critical care medical facilities. (C) Necessary prehospital and other pediatric emergency and critical care medical service equipment. (D) Developing a coordinated system that will allow children to receive appropriate initial stabilization and treatment with timely provision of, or referral to, the appropriate level of care, including critical care, trauma care or pediatric subspecialty care. (E) Protocols for prehospital and hospital facilities encompassing all levels of pediatric emergency services, pediatric critical care and pediatric trauma care. (F) Rehabilitation services for critically ill or injured children. (G) An interfacility transfer system for critically ill or injured children. (H) Initial and continuing professional education programs for emergency medical services personnel, including training in the emergency care of infants and children. (I) A public education program concerning the Emergency Medical Services for Children Program including information on emergency access telephone numbers. (J) The collection and analysis of statewide pediatric emergency and critical care medical services data from emergency and critical care medical service facilities for the purpose of quality improvement by such facilities, subject to relevant confidentiality requirements. (K) The establishment of cooperative interstate relationships to facilitate the provision of appropriate care for pediatric patients who must cross state borders to receive emergency and critical care services. (L) Coordination and cooperation between the Emergency Medical Services for Children Program and other public and private organizations interested or involved in emergency and critical care for children. [Formerly 431.671]
(1) Subject to available funding, including gifts, grants or donations, the Oregon Health Authority shall establish and administer a statewide injury and violence prevention program. In administering the program, the authority may: (a) Collect and analyze data on injury and violence, including but not limited to data from death certificates, emergency department records, hospitalization records, medical examiner and coroner records and police reports and surveys; (b) Develop and revise, as necessary, a comprehensive state plan for injury and violence prevention; (c) Provide technical support and training to communities, local health departments, state and local agencies, organizations and individuals; (d) Prepare an annual report on injury and violence in Oregon; (e) Conduct special studies of, collect data on and monitor and evaluate activities related to the risk factors, protective factors, causes and prevention of morbidity and mortality resulting from injury that occurs as a result of unintentional or undetermined causes, nonfatal self-harming behavior, suicide, assault or homicide; (f) Work with researchers to enhance knowledge about reducing injury and violence in Oregon; (g) Develop collaborative relationships with other state agencies and private and community organizations for the purpose of establishing programs that promote injury and violence prevention; (h) Provide information to assist in the development of institutional and public policies that will reduce injury and violence; (i) Collaborate with local public health authorities, persons providing emergency medical services, hospitals, law enforcement agencies, research institutions and other organizations to conduct studies of, collect data on and monitor and evaluate activities related to the causes and prevention of injury and violence; (j) Publish compilations of data and reports about injury and violence, provided that the data and reports do not identify individual cases or sources of information; and (k) Adopt rules as necessary to carry out this section. (2) Notwithstanding subsection (1) of this section, the authority may not require a hospital, as defined in ORS 442.015, to report data to the authority under this section unless the authority is otherwise authorized to require the hospital to report the data to the authority under other state or federal law. (3)(a) Except as provided in paragraph (c) of this subsection, all data collected pursuant to this section is: (A) Confidential and not subject to public disclosure law under ORS 192.311 to 192.478; and (B) Privileged. (b) Except as required by the administration or enforcement of the public health laws of this state or rules adopted under the public health laws of this state, a public health official, employee or agent may not be examined in an administrative or judicial proceeding as to the existence or content of data collected pursuant this section. (c) The authority shall adopt rules under which confidential data collected pursuant to this section may be requested by a third party for the purpose of conducting research and studies for the public good. Research and studies conducted using confidential data collected pursuant to this section must be reviewed and approved by a committee established for the protection of human research subjects pursuant to 45 C.F.R. 46. (4) A person who furnishes information to the authority for a purpose described in this section is not civilly or criminally liable for any loss, damage or injury arising out of the furnishing of that information to the authority. (5) The authority may accept gifts, grants or donations from any public or private source for the purpose of carrying out this section. Funds received under this subsection shall be deposited in the Oregon Health Authority Fund established under ORS 413.101 and are continuously appropriated to the authority for the purposes of carrying out this section. [Formerly 431.678]
(1) The Oregon Health Authority shall develop a program to reimburse smoking cessation program providers for services provided to residents of this state who are not insured for smoking cessation costs. (2) The authority shall adopt rules for the program established under subsection (1) of this section that include but are not limited to criteria for provider and participant eligibility and other program specifications. The rules shall establish a maximum reimbursement limit for each participant. (3) Costs for smoking cessation programs funded under subsection (1) of this section are eligible for reimbursement from funds received by the State of Oregon from tobacco products manufacturers under the Master Settlement Agreement of 1998. [Formerly 431.831]
(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]
The Oregon Health Authority shall develop and adopt rules for awarding grants to programs for educating the public on the risk of tobacco use, including but not limited to: (1) Educating children on the health hazards and consequences of tobacco use; and (2) Promoting enrollment in smoking cessation programs and programs that prevent smoking-related diseases including cancer and other diseases of the heart, lungs and mouth. [Formerly 431.834]
During each biennium, the Oregon Health Authority shall prepare a report regarding the awarding of grants from the Tobacco Use Reduction Account and the formation of public-private partnerships in connection with the receipt of funds from the account. The authority shall present the report to the Governor and to those committees of the Legislative Assembly to which matters of public health are assigned. [Formerly 431.836]
(1) As used in this section and ORS 431A.183: (a)(A) "Inhalant delivery system" means: (i) A device that can be used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device; or (ii) A component of a device described in this subparagraph or a substance in any form sold for the purpose of being vaporized or aerosolized by a device described in this subparagraph, whether the component or substance is sold separately or is not sold separately. (B) "Inhalant delivery system" does not include: (i) Any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for any other therapeutic purpose, if the product is marketed and sold solely for the approved purpose; and (ii) Tobacco products. (b) "Tobacco products" means: (A) Bidis, cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco and other forms of tobacco, prepared in a manner that makes the tobacco suitable for chewing or smoking in a pipe or otherwise, or for both chewing and smoking; (B) Cigarettes as defined in ORS 323.010 (1); or (C) A device that: (i) Can be used to deliver tobacco products to a person using the device; and (ii) Has not been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for any other therapeutic purpose, if the product is marketed and sold solely for the approved purpose. (2) It is unlawful: (a) To violate ORS 167.750. (b) To fail as a retailer of tobacco products to post a notice substantially similar to the notice described in subsection (3) of this section in a location that is clearly visible to the seller and the purchaser of the tobacco products. (c) To fail as a retailer of inhalant delivery systems to post a notice in a location that is clearly visible to the seller and the purchaser of the inhalant delivery systems that it is unlawful to sell inhalant delivery systems to persons under 21 years of age. The Oregon Health Authority shall adopt by rule the content of the notice required under this paragraph. (d) To distribute, sell or allow to be sold an inhalant delivery system if the inhalant delivery system is not labeled in accordance with rules adopted by the authority. (e) To distribute, sell or allow to be sold an inhalant delivery system if the inhalant delivery system is not packaged in child-resistant safety packaging, as required by the authority by rule. (f) To distribute, sell or allow to be sold an inhalant delivery system if the inhalant delivery system is packaged in a manner that is attractive to minors, as determined by the authority by rule. (g) To distribute, sell or allow to be sold cigarettes in any form other than a sealed package that contains at least 20 cigarettes. (3) The notice required by subsection (2)(b) of this section must be substantially as follows: ______________________________________________________________________________ NOTICE The sale of tobacco in any form to persons under 21 years of age is prohibited by law. Any person who sells, or allows to be sold, tobacco to a person under 21 years of age is in violation of Oregon law. ______________________________________________________________________________ (4) Rules adopted under subsection (2)(d), (e) and (f) of this section must be consistent with any regulation adopted by the United States Food and Drug Administration related to labeling or packaging requirements for inhalant delivery systems. [Formerly 431.840; 2017 c.701 10; 2019 c.525 16]
(1) The Oregon Health Authority may impose a civil penalty against a person that engages in the wholesale or retail sale of tobacco products or inhalant delivery systems, as those terms are defined in ORS 431A.175, if the person violates: (a) ORS 431A.175 or a rule adopted under ORS 431A.175; or (b) A state law or rule or federal law or regulation that governs the wholesale or retail sale of tobacco products or inhalant delivery systems for purposes related to public health and safety. (2) A civil penalty imposed under this section may not be more than $5,000 per violation. (3) Amounts collected under this section shall be deposited in the General Fund. (4) If a civil penalty is imposed under this section, a civil penalty may not be imposed for the commission of the same act under ORS 431A.216 or 431A.218. [Formerly 431.845; 2021 c.586 15]
(1)(a) The Oregon Health Authority may enter into an agreement with federal agencies to assist the authority in monitoring and enforcing federal laws and regulations related to tobacco products or inhalant delivery systems. (b) The authority may commission employees of the authority as federal officers for the purpose of carrying out the duties prescribed under an agreement entered into under paragraph (a) of this subsection. (c) The authority may adopt rules and take any action necessary to carry out the authoritys duties as established under an agreement entered into under paragraph (a) of this subsection. (2)(a) The authority may enter into an agreement with federal, state and local government agencies, including federal, state and local law enforcement agencies, to assist the authority in carrying out the authoritys duties under ORS 431A.175 and to conduct random, unannounced inspections of wholesalers and retailers of tobacco products or inhalant delivery systems to ensure compliance with the laws of this state designed to discourage the use of tobacco products and inhalant delivery systems by persons under 21 years of age, including ORS 167.750, 167.755, 167.760, 167.765, 167.775, 167.780 and 431A.175. (b) The authority shall ensure that a retailer is inspected as described in this subsection at least once each year. A retailer that is found to be out of compliance with the laws described in paragraph (a) of this subsection may be reinspected as the authority determines necessary. (c) The authority may adopt rules to carry out paragraph (b) of this subsection. (3)(a) If the authority enters into an agreement with the Department of State Police under subsection (2) of this section, the department may employ retired state police officers who are active reserve officers. Service by a retired state police officer under this paragraph is subject to ORS 238.082. (b) The department may not use the services of a retired state police officer to displace an active state police member. (4)(a) The authority may apply for and accept moneys from the federal government or other public or private sources and, in accordance with any federal restrictions or other funding source restrictions, use those moneys to carry out the duties and functions related to preventing the use of tobacco products or inhalant delivery systems by persons who are not of the minimum age to purchase tobacco products or inhalant delivery systems. (b) Moneys received by the authority under paragraph (a) of this subsection shall be deposited in the Oregon Health Authority Fund established under ORS 413.101. Moneys subject to a federal restriction or other funding source restriction must be accounted for separately from other fund moneys. (5)(a) The authority shall submit a written report each biennium to the Governor and to the appropriate committee or interim committee of the Legislative Assembly to which matters of public health are assigned. (b) The report submitted under this subsection must contain information describing: (A) The activities carried out to enforce the laws listed in subsection (2) of this section during the previous biennium; (B) The extent of success achieved in reducing the availability of tobacco products and inhalant delivery systems to persons under 21 years of age; and (C) The strategies to be utilized for enforcing the laws listed in subsection (2) of this section during the biennium following the report. (6) The authority shall adopt rules for conducting random inspections of establishments that distribute or sell tobacco products or inhalant delivery systems. The rules shall provide that inspections may take place: (a) Only in areas open to the public; (b) Only during the hours that tobacco products or inhalant delivery systems are distributed or sold; and (c) No more frequently than once a month in any single establishment unless a compliance problem exists or is suspected. [Formerly 431.853; 2017 c.701 11; 2019 c.456 8; 2021 c.586 16]
As used in ORS 431A.190 to 431A.216: (1) "Governing body of a local public health authority" has the meaning given that term in ORS 431.003. (2) "Inhalant delivery system" has the meaning given that term in ORS 431A.175. (3) "Local public health authority" has the meaning given that term in ORS 431.003. (4) "Premises" means the real property on which a business that makes retail sales of tobacco products or inhalant delivery systems is located. (5) "Tobacco products" has the meaning given that term in ORS 431A.175. [2021 c.586 1]
The purpose of ORS 431A.190 to 431A.216 is to improve enforcement of local ordinances and rules, state laws and rules and federal laws and regulations that govern the retail sale of tobacco products and inhalant delivery systems. [2021 c.586 2]
A person may not make a retail sale of a tobacco product or an inhalant delivery system at or from a premises located in this state unless the person sells the tobacco product or inhalant delivery system at or from a premises licensed or otherwise authorized under ORS 431A.198 or 431A.220. [2021 c.586 3]
Notwithstanding ORS 431A.194, ORS 431A.190 to 431A.216 do not apply to a person making a retail sale of an inhalant delivery system at a medical marijuana dispensary registered under ORS 475C.833 or at a premises for which a license has been issued under ORS 475C.097, unless the person makes a retail sale of an inhalant delivery system that contains nicotine. [2021 c.586 4]
(1) Except as provided in subsection (8) of this section, the Department of Revenue shall issue licenses to, and annually renew licenses for, a person that makes retail sales of tobacco products or inhalant delivery systems at qualified premises. (2) To be qualified for licensure under this section, a premises: (a) Must be a premises that is fixed and permanent; (b) May not be located in an area that is zoned exclusively for residential use; and (c) Must meet any qualification for engaging in the retail sale of tobacco products and inhalant delivery systems enacted as an ordinance by the governing body of a local public health authority under ORS 431A.218, provided that the department has knowledge of the qualification pursuant to an agreement entered into under ORS 431A.212. (3) For the purpose of licensing premises under this section, the department shall adopt rules establishing: (a) Procedures for applying for and renewing licenses; and (b) Licensure application, issuance and renewal fees. (4) An application submitted under this section and information related to applying for or renewing a license under this section is confidential and not subject to public disclosure under ORS 192.311 to 192.478. However, the department may share an application submitted under this section and information related to applying for or renewing a license under this section with the Department of Justice, the Oregon Health Authority or a local public health authority. (5) The Department of Revenue shall publish a list that includes the name of each person to which a license has been issued under this section, the address of each premises for which a license has been issued under this section and any other information that the department determines is relevant to the public with respect to the retail sale of tobacco products and inhalant delivery systems. (6) Fees established under subsection (3)(b) of this section must be reasonably calculated to cover but not exceed the costs incurred by the department in administering ORS 431A.190 to 431A.216. (7) All moneys collected under this section shall be deposited in the suspense account described in ORS 431A.206. (8) The department may not require a person that makes retail sales of tobacco products or inhalant delivery systems to obtain a license under this section if the person holds a license or other authorization issued by a city or local public health authority pursuant to ORS 431A.220. [2021 c.586 5]
A person to which a license or other authorization has been issued under ORS 431A.198 or 431A.220 must post proof of licensure or other authorization in a clear and conspicuous place at the premises for which the license or other authorization has been issued. [2021 c.586 6]
(1) The Department of Revenue may revoke, suspend or refuse to issue or renew a license issued under ORS 431A.198 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 to 431A.216, a rule adopted under ORS 431A.190 to 431A.216 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 to 183.470; 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. (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 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]
(1) For purposes of this section, a tobacco product or inhalant delivery system sold or held for sale at or from a premises for which a license has not been issued under ORS 431A.198 is a contraband tobacco product or contraband inhalant delivery system. (2) A contraband tobacco product or contraband inhalant delivery system found by the Department of Revenue or a law enforcement agency may be seized immediately by the department or agency and is subject to forfeiture. If seized and forfeited under this section, the contraband tobacco product or the contraband inhalant delivery system must be destroyed. (3) Notwithstanding ORS 305.280 or 323.416, a seizure and forfeiture made under this section may be appealed to the magistrate division of the Oregon Tax Court within 30 days of the date of the seizure in the manner provided in ORS 305.404 to 305.560. [2021 c.586 9]
(1) Amounts collected by the Department of Revenue under ORS 431A.198 shall be paid to the State Treasurer to be held in a suspense account established under ORS 293.445. (2) From moneys held in the suspense account, the department may pay expenses for the administration and enforcement of ORS 431A.190 to 431A.216 and the collection of fees under ORS 431A.190 to 431A.216. Refunds, including refunds of erroneous overpayments or refunds of other moneys received in which the department has no legal interest, shall be paid out of the suspense account. (3) Amounts necessary to make payments as described in subsection (2) of this section are continuously appropriated to the department from the suspense account. [2021 c.586 10]
The Department of Revenue may adopt rules necessary for the effective administration of ORS 431A.190 to 431A.216. [2021 c.586 11]
The Oregon Health Authority shall adopt by rule fees necessary to pay the expenses of administering and enforcing ORS 431A.175, 431A.183 and 431A.218. Pursuant to an agreement entered into under ORS 431A.212, the Department of Revenue shall collect the fee moneys for, and transfer the fee moneys to, the authority. Moneys transferred to the authority under this section must be deposited in the Oregon Health Authority Fund established under ORS 413.101. Moneys deposited in the fund under this section are continuously appropriated to the authority for the purposes of administering and enforcing ORS 431A.175, 431A.183 and 431A.218. [2021 c.586 12]
(1) The Department of Revenue and the Oregon Health Authority shall: (a) Share information necessary for the effective administration of ORS 431A.175, 431A.183, 431A.190 to 431A.216 and 431A.218; and (b) Enter into an agreement for purposes of collecting fee moneys for the authority pursuant to ORS 431A.210 from each retailer of tobacco products or inhalant delivery systems at the same time that the department collects fee moneys from the retailer under ORS 431A.198, and transferring the fee moneys collected pursuant to ORS 431A.210 to the authority for deposit in the Oregon Health Authority Fund established under ORS 413.101. (2) The department and each local public health authority that does not require licensure or other authorization pursuant to ORS 431A.220 shall: (a) Share information necessary for the effective administration of ORS 431A.190 to 431A.216 and 431A.218; and (b) Enter into an agreement for purposes of collecting any fee moneys for the local public health authority pursuant to ORS 431A.218 from each retailer of tobacco products or inhalant delivery systems located within the area over which the local public health authority has jurisdiction at the same time that the department collects fee moneys from the retailer under ORS 431A.198, and transferring the fee moneys collected pursuant to ORS 431A.218 to the local public health authority for deposit in a fund of the local public health authority. (3) The department and each city or local public health authority that requires licensure or other authorization pursuant to ORS 431A.220 shall: (a) Share information necessary for the effective administration of the licensure or other authorization pursuant to ORS 323.005 to 323.482, 323.500 to 323.645, 323.700 to 323.730 and 431A.220 and any rules adopted under ORS 323.005 to 323.482, 323.500 to 323.645 or 323.700 to 323.730; and (b) Enter into an agreement under which the city or local public health authority agrees to enforce standards described in ORS 431A.218 (2)(a) against persons licensed or otherwise authorized by the city or local public health authority under ORS 431A.220, including through revocation of the license or other authorization of a person that violates the standards or ORS 323.005 to 323.482, 323.500 to 323.645 and 323.700 to 323.730 and any rules adopted under ORS 323.005 to 323.482, 323.500 to 323.645 or 323.700 to 323.730. (4) The Oregon Health Authority and each local public health authority shall share information necessary for the effective administration of ORS 431A.175, 431A.183, 431A.190 to 431A.216 and 431A.218. (5) Notwithstanding the confidentiality provisions of ORS 323.403 and 323.595, the department may disclose information received under ORS 323.005 to 323.482 and 323.500 to 323.645 to a city or local public health authority to the extent the department deems necessary. [2021 c.586 13]
(1) Amounts collected by the Department of Revenue pursuant to agreements entered into under ORS 431A.212 shall be paid to the State Treasurer to be held in a suspense account established under ORS 293.445. (2) From moneys held in the suspense account, the department shall make transfers to the Oregon Health Authority and local public health authorities as required by ORS 431A.212. (3) Amounts necessary to make transfers as described in subsection (2) of this section are continuously appropriated to the department from the suspense account. [2021 c.586 14]
(1) The Department of Revenue may impose a civil penalty against a person that holds or seeks a license issued under ORS 431A.198 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 to 431A.216, a rule adopted under ORS 431A.190 to 431A.216 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; or (b) Makes a false statement to the department. (2) A civil penalty imposed under this section may not exceed $1,000 per violation. (3) Amounts collected by the department under this section shall be deposited in the General Fund. (4) Except as provided by state tax law or as otherwise identified by the department by rule or order, an imposition of a civil penalty under this section may be appealed as a contested case under ORS chapter 183. (5) If a civil penalty is imposed under this section, a civil penalty may not be imposed for the commission of the same act under ORS 431A.178 or pursuant to an ordinance or rule adopted under ORS 431A.218. [2021 c.586 8]
(1) As used in this section: (a) "Governing body of a local public health authority" has the meaning given that term in ORS 431.003. (b) "Inhalant delivery system" has the meaning given that term in ORS 431A.175. (c) "Local public health authority" has the meaning given that term in ORS 431.003. (d) "Tobacco products" has the meaning given that term in ORS 431A.175. (2) Each local public health authority may: (a) Enforce, pursuant to an ordinance enacted by the governing body of the local public health authority, standards for regulating the retail sale of tobacco products and inhalant delivery systems for purposes related to public health and safety in addition to the standards described in paragraph (b) of this subsection, including qualifications for engaging in the retail sale of tobacco products or inhalant delivery systems that are in addition to the qualifications described in ORS 431A.198; (b)(A) Administer and enforce standards established by state law or rule relating to the regulation of the retail sale of tobacco products and inhalant delivery systems for purposes related to public health and safety if the local public health authority and the Oregon Health Authority enter into an agreement pursuant to ORS 190.110; or (B) Perform the duties described in this section in accordance with ORS 431.413 (2) or (3); and (c) Use outreach and educational services to provide businesses that engage in the retail sale of tobacco products or inhalant delivery systems with information pertaining to local ordinances and rules, state laws and rules and federal laws and regulations regulating the retail sale of tobacco products and inhalant delivery systems. (3)(a) A local public health authority may impose on businesses that engage in the retail sale of tobacco products or inhalant delivery systems a fee for paying the expenses of activities described in subsection (2) of this section. Pursuant to an agreement entered into under ORS 431A.212, the Department of Revenue shall collect the fee moneys for, and transfer the fee moneys to, the local public health authority. Moneys transferred to a local public health authority under this subsection must be deposited in a fund of the local public health authority. Moneys deposited in a fund under this subsection may only be spent by the local public health authority for the purposes of subsection (2) of this section. (b) The governing body of a local public health authority may, pursuant to ORS 431.415, establish a schedule for the fees described in paragraph (a) of this subsection. (4) A local public health authority may impose a civil penalty not to exceed $5,000 on a business that engages in the retail sale of tobacco products or inhalant delivery systems for violating a standard described in subsection (2) of this section. If a civil penalty is imposed under this section, a civil penalty may not be imposed for the commission of the same act under ORS 431A.178 or 431A.216. (5) The Oregon Health Authority shall: (a) Subject to ORS 431A.220, ensure that state standards established by state law and rule regarding the regulation of the retail sale of tobacco products and inhalant delivery systems are administered and enforced consistently throughout this state; (b) Establish a database or other mechanism for collecting information from local public health authorities and the general public regarding the regulation of the retail sale of tobacco products and inhalant delivery systems for purposes related to public health and safety, including any information related to complaints about a person that makes retail sales of tobacco products or inhalant delivery systems; (c) Provide technical assistance to local public health authorities regarding the regulation of the retail sale of tobacco products and inhalant delivery systems; (d) Assess the effectiveness of state and local programs for regulating the retail sale of tobacco products and inhalant delivery systems; and (e) Adopt any rules necessary to implement or administer the provisions of this section. (6)(a) A city or local public health authority may not adopt an ordinance that prohibits a premises that makes retail sales of tobacco products or inhalant delivery systems from being located at the same address as a pharmacy, as defined in ORS 689.005. (b) A city or local public health authority that, on or before September 25, 2021, adopted an ordinance described in paragraph (a) of this subsection may continue to enforce the ordinance on and after September 25, 2021. (7) Except as provided in ORS 431A.220, a city or local public health authority may not require a person that makes retail sales of tobacco products or inhalant delivery systems to hold a license or other authorization issued by the city or local public health authority in addition to the license issued under ORS 431A.198. [2021 c.586 17]
A city or local public health authority that, on or before January 1, 2021, and pursuant to an ordinance adopted by the governing body of the city or local public health authority, enforced standards described in ORS 431A.218 (2)(a) and required that a person that makes retail sales of tobacco products or inhalant delivery systems in an area subject to the jurisdiction of the city or local public health authority hold a license or other authorization issued by the city or local public health authority may continue to enforce the standards and require the license or other authorization on and after January 1, 2022. [2021 c.586 18]
ORS 431A.253 to 431A.280 shall be known and may be cited as the Toxic-Free Kids Act. [2015 c.786 1]
As used in ORS 431A.253 to 431A.280: (1) "Chemical" means: (a) A substance with a distinct molecular composition and the breakdown products of the substance that form through decomposition, degradation or metabolism. (b) A group of structurally related substances and the breakdown products of the substances that form through decomposition, degradation or metabolism. (2)(a) "Childrens cosmetics" means products that are intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, moisturizing, beautifying, promoting attractiveness or altering the appearance. (b) "Childrens cosmetics" does not mean soap, dietary supplements or food and drugs approved by the United States Food and Drug Administration. (3)(a) "Childrens product" means: (A) Any of the following products that are made for, marketed for use by or marketed to children under 12 years of age: (i) A product designed or intended by the manufacturer to facilitate sucking, teething, sleep, relaxation, feeding or drinking. (ii) Childrens clothing and footwear. (iii) Car seats. (iv) Childrens cosmetics. (v) Childrens jewelry. (vi) Toys. (B) Any component part of a product specified in subparagraph (A) of this paragraph. (b) "Childrens product" does not mean: (A) Athletic shoes with cleats or spikes. (B) Batteries. (C) BB guns, pellet guns and air rifles. (D) Bicycles and tricycles. (E) Chemistry sets. (F) Consumer electronic products, including personal computers, audio and video equipment, calculators, wireless telephones and game consoles, handheld devices that incorporate a video screen and are used to access interactive software, and the associated peripherals. (G) Interactive software intended for leisure and entertainment, such as computer games, and their storage media, such as compact discs. (H) Model rockets. (I) Pocketknives and multitools. (J) Roller skates. (K) Scooters. (L) Sets of darts with metallic points. (M) Slings and catapults. (N) Snow sporting equipment, including skis, poles, boots, snowboards, sleds and bindings. (O) Sporting equipment and accessories, including but not limited to bats, balls, gloves, sticks, pucks, pads, helmets and other protective equipment, weight training and exercise aids, protective eyewear, backpacks and tents, raingear, sport bags and luggage, and golf equipment. (P) Video toys that can be connected to a video screen and are operated at a nominal voltage exceeding 24 volts. (Q) Food and beverages and food and beverage packaging regulated by the United States Food and Drug Administration or the United States Department of Agriculture. (4) "Contaminant" means trace amounts of chemicals that are incidental to manufacturing and that serve no intended function in the product component, including but not limited to: (a) Unintended by-products of chemical reactions during the manufacture of the product component; (b) Trace impurities in feedstock; (c) Incompletely reacted chemical mixtures; and (d) Degradation products. (5) "De minimis level" means: (a) For a chemical that is an intentionally added chemical, the practical quantification limit; or (b) For a chemical that is a contaminant, a concentration of 100 parts per million. (6) "Intentionally added chemical" means a chemical in a product that serves an intended function in the product component. (7) "Manufacturer" means any person that produces a childrens product or an importer or domestic distributor of a childrens product. For the purposes of this subsection, "importer" means the owner of the childrens product. (8) "Mouthable" means, in describing a childrens product or any part of a childrens product, that an intended use of the product or any part of the product includes being placed in the mouth for any purpose. (9) "Practical quantification limit" means the lowest concentration of a chemical that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions. (10) "Trade association" means a membership organization of persons engaging in the same or a similar or related line of commerce, organized to promote and improve business conditions in that line of commerce and not to engage in regular business activities that ordinarily are carried on for profit. [2015 c.786 2]
(1) The Oregon Health Authority shall establish and maintain a list of high priority chemicals of concern for childrens health when used in childrens products. The authority shall include on the list chemicals that are listed on the Washington State Department of Ecologys Reporting List of Chemicals of High Concern to Children on July 27, 2015. (2) In establishing by rule the practical quantification limits for chemicals on the list, the authority shall consider guidance developed by the State of Washington and other federal, state 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 on the list, the authority shall post: (a) Information regarding the known health impacts associated with exposure to the chemical; and (b) Data collected under ORS 431A.258 in a format that is searchable and accessible to the public. (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) May not add more than five chemicals to the list of high priority chemicals during each three-year revision period under this subsection; (b) Shall consider adding or removing a chemical from the list of high priority chemicals if, after July 27, 2015, the chemical is added to or removed from the Washington State Department of Ecologys Reporting List of Chemicals of High Concern to Children or 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 (c) May remove a chemical from the list of high priority chemicals if the authority determines that the chemical is no longer being used in childrens 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 is added to or removed from the list. [2015 c.786 3]
(1)(a) A manufacturer of a childrens product sold or offered for sale in this state that contains a chemical included on the list established and maintained under ORS 431A.255 in an amount at or above a de minimis level shall provide a biennial notice as described in subsection (2) of this section to the Oregon Health Authority by January 1 of each applicable notice year. (b) The first biennial notice required under this section shall be submitted to the authority by January 1 of the year following the year that the chemical contained in the childrens product sold or offered for sale in this state is added to the list. (2) The notice required by subsection (1) of this section must contain: (a) The name and Chemical Abstracts Service Registry Number of the chemical contained in the childrens product; (b) The product category of the childrens product that contains the chemical; (c) A description of the function of the chemical in the childrens product; (d) The amount of the chemical used in each unit of the childrens product reported as a range rather than an exact amount; (e) The name and address of the manufacturer, and the name, address and telephone number of a contact person for the manufacturer; and (f) Any other information that the manufacturer deems relevant to the appropriate use of the childrens product. (3)(a) The authority may enter into reciprocal data sharing agreements with other states in which manufacturers of childrens products are required to disclose information related to high priority chemicals of concern for childrens health used in childrens products. The authority must use the GS1 Global Product Classification system to identify and specify product categories subject to the data sharing agreements. If the authority has entered into a data sharing agreement with another state, and a manufacturer has reported the information required in the notice described in subsection (2) of this section to that state, the manufacturer may request that the other state provide the authority with the information in lieu of the manufacturers direct reporting of the information to the authority. (b) A manufacturer fulfills the notice requirement of subsection (1) of this section when the authority receives the information from the other state and the authority determines that the information received satisfies the requirements for the notice specified in subsection (2) of this section. (4) In lieu of the manufacturers providing notice to the authority under subsection (1) or (3) of this section, the authority may require that the notice described in subsection (2) of this section be submitted to the Interstate Chemicals Clearinghouse. The authority by rule shall specify procedures for the provision of such notice by manufacturers to the Interstate Chemicals Clearinghouse. (5)(a) The authority shall grant an exemption to a manufacturer of childrens products that applies for an exemption from the notice requirements of this section if the application demonstrates that: (A) The high priority chemical of concern for childrens health used in childrens products is present in the childrens product otherwise subject to the notice requirements of this section only as a contaminant; (B) The manufacturer conducts a manufacturing control program for the contaminant; and (C) The manufacturing control program meets minimum standards for a manufacturing control program as set forth by the authority by rule. (b) The authority shall approve or disapprove an exemption application within 180 days after its submittal. If the authority fails to act within 180 days, the exemption application is deemed approved. If the authority disapproves an exemption application, the manufacturer may submit a revised exemption application for consideration within 180 days after the authoritys disapproval. (6) A trade association may provide required notices on behalf of its member manufacturers under the provisions of this section. (7) When a manufacturer provides notice to the authority under the provisions of this section, the manufacturer may submit recommendations to the authority regarding technical, financial or logistical support deemed necessary for innovation and green chemistry solutions related to high priority chemicals of concern for childrens health used in childrens products. [2015 c.786 4]
(1) On or before the date on which a manufacturer of a childrens product submits the third biennial notice required under ORS 431A.258 for a chemical that is present in a childrens product, the manufacturer must remove or make a substitution for the chemical pursuant to ORS 431A.263, or seek a waiver under ORS 431A.265, if the chemical is present in a childrens product that is: (a) Mouthable; (b) A childrens cosmetic; or (c) Made for, marketed for use by or marketed to children under three years of age. (2) A manufacturer with 25 or fewer employees may apply for a two-year extension of the date specified in subsection (1) of this section to meet the requirements of this section. (3) Manufacturers are exempt from meeting the requirements of this section for childrens products described in subsection (1) of this section that contain high priority chemicals of concern for childrens health used in childrens products at levels that are at or below allowable levels for childrens products as established by the Consumer Product Safety Improvement Act of 2008, P.L. 110-314, 122 Stat. 3016, as in effect on July 27, 2015. (4)(a) The Oregon Health Authority shall adopt rules providing for additional exemptions from the requirements of this section. (b) For purposes of this subsection, any consumer product safety standard adopted under federal law that establishes allowable levels for childrens products of a high priority chemical of concern for childrens health used in childrens products is presumed to establish the maximum allowable level of the chemical that may be used in childrens products that are sold or offered for sale in this state. The authority may not require a manufacturer in compliance with the federal standard to also comply with the provisions of this section unless the authority establishes in the rulemaking process that a lower maximum allowable level for childrens products of a high priority chemical of concern for childrens health used in childrens products than the allowable level set by the federal standard is necessary to protect human health and welfare. [2015 c.786 5]
(1)(a) When a manufacturer of childrens products sold or offered for sale in this state removes a high priority chemical of concern for childrens health used in childrens products from a childrens product sold or offered for sale in this state that is subject to ORS 431A.258 and substitutes another chemical, the manufacturer must submit a hazard assessment to the Oregon Health Authority that explains how the childrens product, and any substitute chemical the childrens product contains, is inherently less hazardous than before the substitution was made. (b) When a manufacturer of childrens products sold or offered for sale in this state removes a high priority chemical of concern for childrens health used in childrens products from a childrens product as described in subsection (1) of this section and does not substitute another chemical, the manufacturer must submit notice to the authority that the manufacturer is no longer using the chemical or a substitute chemical. (2) The authority shall establish by rule the methodology that a manufacturer must use and the standards that a childrens product must meet in order to comply with the hazard assessment requirements described in subsection (1)(a) of this section. (3) The authority shall approve or disapprove a hazard assessment within 180 days after its submittal. If the authority fails to act within 180 days, the hazard assessment is deemed approved, and the manufacturer may continue to sell or offer for sale in this state the childrens product for which the manufacturer submitted a hazard assessment. If the authority disapproves a hazard assessment, the manufacturer may submit a revised hazard assessment for consideration within 180 days after the authoritys disapproval. [2015 c.786 6]
(1) The Oregon Health Authority shall grant a waiver to a manufacturer of childrens products that applies for a waiver in order to comply with ORS 431A.260 if the application: (a) Includes an alternatives assessment demonstrating that removal of the high priority chemical of concern for childrens health used in childrens products is not financially or technically feasible; or (b) Includes a quantitative exposure assessment demonstrating that the high priority chemical of concern for childrens health used in childrens products is not reasonably anticipated to result in exposure based upon an analysis of leachability and bioavailability of the high priority chemical of concern for childrens health used in childrens products. (2) An alternatives assessment or quantitative exposure assessment submitted under subsection (1) of this section must be conducted in a manner consistent with the guidance and frameworks for such assessments in effect on July 27, 2015, and as established by the United States Environmental Protection Agency, the Interstate Chemicals Clearinghouse, the State of California, as part of that states program for reducing toxic chemicals in consumer products, or other states or nongovernmental organizations with the applicable expertise, or as developed by the authority by rule. The authority may recommend or require that a manufacturer follow particular guidance or frameworks in order to meet the requirements of this section. (3) If the authority determines that an alternatives assessment or a quantitative exposure assessment as described in this section is incomplete, the authority may obtain the assessment from another party. The manufacturer that submitted the assessment that was determined to be incomplete must pay for the assessment performed by the other party. (4) The authority shall approve or disapprove a waiver application within 180 days after its submittal. If the authority fails to act within 180 days, the waiver application is deemed approved, and the manufacturer may continue to sell or offer for sale in this state the childrens product for which the manufacturer submitted a waiver application. If the authority disapproves a waiver application, the manufacturer may submit a revised waiver application for consideration within 180 days after the authoritys disapproval. [2015 c.786 7]
Manufacturers of childrens products with annual worldwide gross sales of less than $5 million, as reported on the most recent tax return filed by the manufacturer before the notice required under ORS 431A.258, are exempt from the requirements of ORS 431A.258, 431A.260, 431A.263 and 431A.265. [2015 c.786 8]
(1) The Oregon Health Authority may conduct testing of childrens products sold or offered for sale in this state in order to determine compliance with ORS 431A.258, 431A.260 and 431A.263. (2) The authority may establish by rule a schedule of fees for manufacturers of childrens products that are based on the costs to the authority for administering ORS 431A.253 to 431A.280. Fees collected by the authority under this subsection shall be deposited in the High Priority Chemicals of Concern for Childrens Health Fund established under ORS 431A.278. [2015 c.786 9]
The Oregon Health Authority is authorized to participate in the Interstate Chemicals Clearinghouse in cooperation with other states and government entities to assist the authority in carrying out ORS 431A.253 to 431A.280. [2015 c.786 10]
(1) Except as provided in subsection (5) of this section, the Oregon Health Authority may impose a civil penalty on a manufacturer of childrens products for a violation of any provision of ORS 431A.258, 431A.260 or 431A.263. (2) For purposes of assessing civil penalties under this section, a violation consists of a single course of conduct with regard to an entire childrens 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, 431A.260 and 431A.263. 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 childrens health used in childrens 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 violators 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 childrens health used in childrens products is present in a childrens 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 (5) and exercised due diligence. (5)(a) If a manufacturer violates the notice requirement described in ORS 431A.258 or 431A.263, 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 or 431A.263 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 childrens product that contains a high priority chemical of concern for childrens health used in childrens products is being sold or offered for sale in this state in violation of ORS 431A.258, 431A.260 or 431A.263, 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, 431A.260 and 431A.263, the manufacturer must: (a) Show that the childrens product does not contain the high priority chemical of concern for childrens health used in childrens products; (b) Show that the manufacturer has previously provided the authority with notice as required by ORS 431A.258; (c) Provide the authority with notice as required by ORS 431A.258; or (d) Provide the authority with documentation that the manufacturer has previously complied with ORS 431A.263. (7) Civil penalties described in this section shall be imposed in the manner provided in ORS 183.745. (8) All civil penalties recovered under this section shall be paid into the High Priority Chemicals of Concern for Childrens Health Fund established under ORS 431A.278. [2015 c.786 11]
(1) The High Priority Chemicals of Concern for Childrens Health Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the High Priority Chemicals of Concern for Childrens Health Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Health Authority to administer ORS 431A.253 to 431A.280. (2) The authority may accept gifts, grants or contributions from any public or private source for the purpose of carrying out ORS 431A.253 to 431A.280. (3) The High Priority Chemicals of Concern for Childrens Health Fund shall consist of: (a) Moneys accepted by the authority pursuant to subsection (2) of this section. (b) Payments and fees collected under ORS 431A.265 and 431A.270. (c) Civil penalties imposed under ORS 431A.275. [2015 c.786 12]
The Oregon Health Authority shall report to the interim committees of the Legislative Assembly related to environment and natural resources and public health no later than September 15 of each odd-numbered year. The report shall include the following information: (1) Any revisions made under ORS 431A.255 to the list of high priority chemicals of concern for childrens health used in childrens products. (2) The number of manufacturers of childrens products in compliance with ORS 431A.258 and an analysis of the information collected pursuant to ORS 431A.258 specifying: (a) The number and types of childrens products sold or offered for sale in this state that contain high priority chemicals of concern for childrens health used in childrens products. (b) The range of amounts of high priority chemicals of concern for childrens health used in childrens products, by product category, and the total number of and most frequently disclosed high priority chemicals of concern for childrens health used in childrens products. (c) The potential for exposure to high priority chemicals of concern for childrens health used in childrens products based on the number of childrens products sold or offered for sale in this state that contain chemicals on the list established under ORS 431A.255, likely exposure routes and the typical use patterns for the childrens products that contain chemicals on the list established under ORS 431A.255. (d) Recommendations to limit, reduce or prevent exposure to high priority chemicals of concern for childrens health used in childrens products based on an analysis of the information collected. (3)(a) Details about the implementation of ORS 431A.263 and 431A.265 regarding hazard assessments and waivers. In cases where the authority grants waivers for the continued use of high priority chemicals of concern for childrens health used in childrens products and the waiver application includes an alternatives assessment, the authority may develop recommendations on opportunities to provide technical assistance, provide grants and promote public-private partnerships and other actions to encourage manufacturers to produce childrens products through green chemistry and that do not contain high priority chemicals of concern for childrens health used in childrens products. (b) In developing the recommendations described in paragraph (a) of this subsection, the authority may consult with the Department of Environmental Quality, the Oregon Business Development Department and other state agencies. (4) A summary of compliance testing results obtained under ORS 431A.270. (5) Any recommendations submitted to the authority by manufacturers under ORS 431A.258 (7). [2015 c.786 13]
As used in ORS 431A.300 to 431A.325: (1) "Household product" means any product intended for use under any of the following circumstances: (a) In, on or around any structure, vehicle, article, surface or area associated with the household, including but not limited to nonagricultural outbuildings, noncommercial greenhouses, pleasure boats and recreational vehicles. (b) In or around any preschool or child care facility. (2) "Task force" means the Poison Prevention Task Force. (3) "Toxic household product" means any product listed in ORS 431A.308 that is customarily produced or distributed for sale for use in or about the household or is customarily stored by individuals in or about the household. [Formerly 431.870]
The Legislative Assembly finds that: (1) Most poisonings involve children under six years of age. (2) The federal Poison Prevention Packaging Act of 1970 requires child-resistant safety packaging for various toxic household products in order to inhibit a childs ability to access poisonous substances. This effort, in conjunction with the formation of poison control centers, education efforts, availability of ipecac syrup for home treatment and labeling requirements, has significantly reduced the number of poisonings. However, most poisonings occur while the product is in use, rather than when stored, and many toxic household products are exempt from the child-resistant safety packaging laws. (3) The National Safety Council, the American Medical Association and the American Association of Poison Control Centers have noted that the addition of nontoxic aversive agents to toxic household products may make these products so unpalatable that many children reject the products upon, or shortly after, tasting them. These organizations have urged manufacturers of toxic household products to add nontoxic aversive agents to their products in addition to child resistant closures in order that ingestion of these products may be reduced, thus providing another means to prevent or mitigate severe poisonings. (4) Aversive agents are currently being used in various household products to mitigate child poisonings. [Formerly 431.875]
Any toxic household product that is listed in ORS 431A.308 and is manufactured on or after July 1, 1993, and sold in this state, shall include an aversive agent approved by the Poison Prevention Task Force within the product in a concentration so as to render the product unpalatable. [Formerly 431.880]
(1) The following toxic household products must comply with ORS 431A.305: (a) Antifreeze containing 10 percent or more ethylene glycol by weight. (b) Windshield washer fluid containing four percent or more methyl alcohol (methanol) by weight. (2) The following toxic household products are exempted from the requirements of ORS 431A.305: (a) Pesticide products subject to registration under ORS chapter 634 or under the Federal Insecticide, Fungicide, Rodenticide Act. (b) Any drug as defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.) or in ORS 689.005. (c) Products exempted under the provisions of section 7, chapter 915, Oregon Laws 1991. [Formerly 431.885]
(1) A manufacturer, distributor or seller of a toxic household product that is required to contain an aversive agent under the provisions of ORS 431A.305 is not liable to any person for any personal injury, death or property damage that results from the inclusion of the aversive agent in the toxic household product. (2) The limitation on liability provided by this section is only applicable if the aversive agent is included in the toxic household product in concentrations approved by the Poison Prevention Task Force. (3) The limitation on liability provided by this section does not apply if the personal injury, death or property damage results from willful and wanton misconduct by the manufacturer, distributor or seller of the toxic household product. [Formerly 431.887]
(1) The Poison Prevention Task Force is created in the Poison Center of the Oregon Health and Science University and consists of five members as follows: (a) The Medical Director of the Oregon Poison Center or designee, who shall serve as chairperson. (b) The Director of the Oregon Health Authority or a designee. (c) A pediatrician licensed under ORS chapter 677, appointed by the Governor. (d) A chemist from an academic institution, appointed by the Governor. (e) A representative of a manufacturer of toxic household products, appointed by the Governor. (2) Each member shall serve without compensation. (3) The task force shall meet as considered necessary by the chairperson or on the call of three members of the task force. (4) The task force shall meet for the purposes of reviewing, granting or denying requests for exemptions from and extensions of the requirements of ORS 431A.300 to 431A.325. (5) The task force shall obtain and evaluate statewide poisoning incidence and severity data over a period of every two years for the purpose of making recommendations for the addition or deletion of products to ORS 431A.308. [Formerly 431.890]
(1) The Poison Prevention Task Force may request efficacy and toxicity data, or other pertinent data it considers necessary, from the manufacturer of any toxic household product. The information shall be made available by the manufacturer to the task force upon request and shall remain confidential, if so requested. (2) The task force may request data from and utilize the technical expertise of other state agencies or health care providers, or both, to evaluate the incidence and severity of poisoning, drug overdose and toxic exposure. [Formerly 431.895]
The Poison Prevention Task Force shall report to the Legislative Assembly as necessary with recommendations for the addition or deletion of products from the list set forth in ORS 431A.308. The task force shall report to the Legislative Assembly any additional recommended measures which shall include reducing the incidence and severity of poisoning, poison prevention education activities and child resistant closure effectiveness. [Formerly 431.900]
(1) Any person may bring a civil action in a court of competent jurisdiction to enforce the requirements of ORS 431A.300 to 431A.325. The court may grant injunctive relief in any action brought pursuant to this section. (2) Punitive damages may also be awarded in any action brought pursuant to this section. (3) The court may award reasonable attorney fees to the prevailing party in an action under this section. [Formerly 431.905]
(1) It is unlawful for any person to distribute or sell a toxic household product or cause a toxic household product to be distributed or sold in this state if it does not meet the requirements of ORS 431A.300 to 431A.325. (2) The prohibition contained in subsection (1) of this section does not apply to a person engaged in the business of wholesale or retail distribution of a toxic household product, unless the person is engaged in the manufacture of the product, or has knowledge that a toxic household product which the person is distributing or selling is in violation of ORS 431A.300 to 431A.325. (3) A distributor of a house brand shall not be considered a manufacturer for purposes of filing an application for an extension pursuant to section 6, chapter 915, Oregon Laws 1991, or for an exemption pursuant to section 7, chapter 915, Oregon Laws 1991. Nothing in this subsection is intended to exempt a distributor of a house brand from any other provisions of ORS 431A.300 to 431A.325. [Formerly 431.910]
(1) Any person who violates any provision of ORS 431A.300 to 431A.325 shall be liable for a civil penalty not to exceed $5,000 for each day of violation, which shall be assessed and recovered in a civil action brought by the Oregon Health Authority. (2) All civil penalties collected pursuant to subsection (1) of this section shall be deposited in the General Fund. [Formerly 431.915]
(1) Lead poisoning is a significant health concern because lead is a potent neurotoxin that affects every system of the human body. It is harmful to individuals of all ages and is especially harmful to children, fetuses and women of childbearing age. Lead poisoning is one of the most common and preventable pediatric health problems in Oregon. (2) Common renovation activities such as sanding, cutting and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children. (3) The federal government assists states in preventing lead poisoning and reducing lead hazards through: (a)(A) The Lead-Based Paint Poisoning Prevention Act; (B) The Lead Contamination Control Act of 1988; (C) The Safe Drinking Water Act; and (D) The Resource Conservation and Recovery Act of 1976. (b) Implementing regulations of: (A) The Department of Housing and Urban Development; (B) The Environmental Protection Agency; (C) The Occupational Safety and Health Administration; and (D) The Centers for Disease Control and Prevention. (c) The Residential Lead-Based Paint Hazard Reduction Act of 1992, which: (A) Requires that sellers and landlords of residential housing constructed before 1978 notify buyers and tenants of known lead-based paint hazards; and (B) Allows states to receive authorization from the Environmental Protection Agency to provide for the accreditation of lead-based paint activities and renovation training programs, the certification of persons completing training programs and the certification of lead-based paint activities and renovation contractors pursuant to standards developed by the agency. [Formerly 431.917]
As used in ORS 431A.355 and 431A.358: (1) "Certified" and "certification" means an action by the Oregon Health Authority verifying the successful completion of a training program accredited by the authority and any other requirements. (2) "Firm" has the meaning given that term in 40 C.F.R. 745.83 and as further defined pursuant to the authorities described in ORS 431A.350. (3) "Lead-based paint" has the meaning given that term in P.L. 102-550, section 1004, and as further defined pursuant to the authorities described in ORS 431A.350. (4) "Lead-based paint activities" has the meaning given that term in 40 C.F.R. 745.223 and as further defined pursuant to the authorities described in ORS 431A.350. (5) "Renovation" has the meaning given that term in 40 C.F.R. 745.83 and as further defined pursuant to the authorities described in ORS 431A.350. [Formerly 431.918]
(1) The Oregon Health Authority shall: (a) Certify firms and individuals to perform lead-based paint activities; (b) Certify firms to perform renovation; (c) Accredit training providers to provide lead-based paint activities and renovation training; (d) Develop and approve training programs for lead-based paint activities and renovation; (e) Establish standards based on best practices for the conduct of lead-based paint inspections, risk assessment and hazard control or abatement services, renovation activities that disturb lead-based paint and the disposal of lead-based paint that are in addition to, not inconsistent with and not in lieu of any other workplace standards required by law; (f) Develop and conduct programs to screen blood lead levels, identify hazards and educate the public, including but not limited to parents, residential dwelling owners, pediatric medical providers and child care facility operators, about the dangers of lead-based paint and about appropriate precautions that may reduce the probability of childhood lead poisoning; (g) Adopt rules necessary to implement the provisions of this section and ORS 431A.358 and 431A.363; and (h) Establish fees sufficient to recover the costs of implementing the provisions of this section and ORS 431A.358 and 431A.363, including but not limited to fees for: (A) Certification and recertification to perform lead-based paint activities and renovation; and (B) Accreditation and reaccreditation of lead-based paint training providers. (2) The authority may contract with a third party to obtain a lead-based paint risk assessment or to abate or control lead-based paint hazards that are identified by a risk assessment. (3) The authority may: (a) Enter private or public property at any reasonable time with consent of the owner or custodian of the property to inspect, investigate, evaluate or conduct tests or take specimens or samples for testing, as necessary to determine compliance with this section and ORS 431A.358; (b) Issue subpoenas to determine compliance with this section and ORS 431A.358; (c) Suspend, revoke or modify a certification to perform lead-based paint activities or renovation if the holder of the certification fails to comply with state or federal statutes or regulations related to lead-based paint; and (d) Suspend, revoke or modify a certified renovators certification if the renovator fails to comply with state or federal statutes or regulations related to lead-based paint. (4) A person for whom a third party performs lead-based paint activities or renovation, or who compensates a third party to perform lead-based paint activities or renovation, shall identify the third party to the authority upon request. [Formerly 431.920; 2021 c.49 1]
(1) An individual may not perform or offer to perform lead-based paint activities unless the individual is certified as provided under ORS 431A.355. (2) A firm may not perform or offer to perform a renovation for compensation unless the firm is certified as provided under ORS 431A.355. (3) A firm may not perform or offer to perform lead-based paint activities unless the firm is certified as provided under ORS 431A.355. [Formerly 431.922; 2021 c.191 5]
(1) The Oregon Health Authority shall develop and maintain a lead poisoning prevention clearinghouse on its website for public and private schools that provide instruction at levels kindergarten through grade 12 in order to provide these schools with information about: (a) The dangers to students posed by the exposure to lead; and (b) How to best protect students from the hazards posed by lead-based paint. (2) In order to provide the information described in subsection (1) of this section, the clearinghouse must include: (a) Information about the adverse health effects from exposure to lead; (b) Information about the common sources of exposure to lead; (c) Tips regarding how to recognize hazards posed by lead-based paint; (d) Information about how to safely paint, or renovate, a school and thereby prevent exposure to lead; (e) A list of this states laws and rules relating to lead-based paint; (f) Tips about how to comply with this states laws and rules relating to lead-based paint; (g) Information about how to maintain a school and keep it safe from the dangers posed by lead-based paint; and (h) Resources and education materials concerning how to prevent students from being exposed to lead-based paint. [Formerly 431.926]
(1) The Oregon Health Authority may impose a civil penalty of not more than $5,000 per violation per day on any person who violates: (a) ORS 431A.358; (b) A rule adopted under ORS 431A.355; or (c) An order issued by the authority pursuant to this section or ORS 431A.355 or 431A.358. (2)(a) If the authority has reason to believe that a person is engaging in an act or practice that violates ORS 431A.358 or a rule adopted under ORS 431A.355, the authority may order that all lead-based paint activities or renovation to which the person is connected stop immediately. (b) A request for a hearing on the propriety of the order must be submitted to the authority in writing within 10 days of the date on which the order was served. The authority shall grant a hearing as soon as practicable after receipt of the hearing request, and shall conduct the hearing as provided for contested cases under ORS chapter 183. (3)(a) The authority may issue an order to require the actions described in paragraph (b) of this subsection to: (A) A person who has violated ORS 431A.358 or a rule adopted under ORS 431A.355; or (B) A property owner, or agent of the property owner, who knowingly contracted with a person who was not certified under ORS 431A.355 to perform lead-based paint activities or renovation when certification was required under ORS 431A.358. (b) An order issued under this subsection may require the recipient of the order to, as soon as reasonably practical: (A) Obtain a risk assessment in accordance with ORS 431A.355 or 431A.358 and rules adopted under ORS 431A.355 or 431A.358; and (B) Abate or control any lead-based paint hazards identified by the risk assessment. All lead-based paint abatement and hazard control services must be performed in accordance with ORS 431A.355 and 431A.358 and rules adopted under ORS 431A.355 and 431A.358. (c) A request for a hearing on the propriety of the order must be submitted to the authority in writing within 10 days of the date on which the order was served. The authority shall grant a hearing as soon as practicable after receipt of the hearing request, and shall conduct the hearing as provided for contested cases under ORS chapter 183. (4) If a person described in subsection (3) of this section fails to timely comply with an order issued under subsection (3) of this section, the authority may take any necessary action to obtain a risk assessment or abate or control any lead-based paint hazards identified by a risk assessment. (5) In addition to the civil penalty described in subsection (1) of this section, the authority may impose on a person who fails to timely comply with an order issued pursuant to subsection (3) of this section costs in an amount sufficient to cover any expenses incurred by the authority in obtaining a risk assessment and abating or controlling any hazards, as described in subsection (3) of this section. Costs imposed under this section must be imposed in compliance with ORS 431A.365. (6) A person who fails to identify a third party as described in ORS 431A.355 is liable jointly and severally for any violation by the third party of ORS 431A.358 or a rule adopted under ORS 431A.355. (7) All moneys collected by the authority under this section and ORS 431A.365 shall be deposited into the Public Health Account established under ORS 431.210. Moneys deposited under this section shall be used for the purposes of lead poisoning prevention, including consumer and industry outreach, public education, blood lead screening, lead-based paint risk assessments, lead-based paint hazard abatement and control activities and other similar activities. (8) Civil penalties under this section shall be imposed as provided in ORS 183.745. (9) A civil penalty imposed under this section is in addition to, and not in lieu of, any other penalty or sanction provided by law. (10) The authority shall report all civil penalties and sanctions imposed under this section or a rule adopted under ORS 431A.355 to each of the following state agencies: (a) The Construction Contractors Board; (b) The Occupational Safety and Health Division of the Department of Consumer and Business Services; and (c) The Department of Environmental Quality. [Formerly 431.994; 2021 c.49 2]
(1) Costs imposed by the Oregon Health Authority pursuant to ORS 431A.363 are due and payable 10 days after the order imposing the costs becomes final. A person against whom costs are imposed must be served with a notice in the manner provided in ORS 183.415. (2)(a) The person served under subsection (1) of this section may, within 20 days of the date of the notice, make a written request for a hearing. (b) The authority may by rule provide for a longer period of time in which a hearing may be requested. (c) If a hearing is not timely requested, the authority may issue a final order imposing costs. (3) A person who makes a timely request for a hearing under subsection (2) of this section is entitled to a hearing. The hearing must be conducted as a contested case hearing pursuant to ORS chapter 183. (4) Judicial review of an order made after a hearing described in subsection (3) of this section shall comply with the requirements for judicial review of a contested case under ORS chapter 183. (5) When an order imposing costs under this section becomes final, and the amount of costs is not paid within 10 days after the date on which the order becomes final, the order may be recorded with the county clerk in any county in this state. The clerk shall record the name of the person incurring the costs and the amount of costs in the County Clerk Lien Record. In addition to any other remedy provided by law, recording an order in the County Clerk Lien Record has the effect provided for in ORS 205.125 and 205.126 and the order may be enforced as provided for in ORS 205.125 and 205.126. (6) The notice described in this section may be made part of any other notice served by the authority pursuant to ORS 183.415. (7)(a) Costs in an amount sufficient to cover expenses incurred by the authority under ORS 431A.363 shall constitute a lien upon any real and personal property owned by a person who fails to timely comply with an order issued under this section. (b) At any time after a person fails to comply with an order issued under this section, the authority may file a claim of lien on real property to be charged with a lien under this subsection with the recording officer of each county in which the real property is located, and a claim of lien on personal property to be charged with a lien under this section with the Secretary of State. (c) A lien filed under this section shall attach and become enforceable on the date of the filing. The lien claim must contain: (A) A statement of the demand; (B) The name of the person against whose property the lien attaches; (C) A description of the property charged with the lien sufficient for identification; and (D) A statement of the failure of the person to perform the risk assessment, hazard abatement or hazard control as required. (d) A lien created by this section may be foreclosed by a suit on real and personal property in the circuit court in the manner provided by law for the foreclosure of other liens. In an action to foreclose on a lien under this section in which the authority prevails, the court, at trial and on appeal, shall allow and fix a reasonable amount for attorney fees for prosecution of the action, if the court finds that a written demand for payment of the claim was made on the defendant not less than 20 days before the commencement of the action. (8) This section does not affect the ability of the authority to bring other actions to recover costs described in ORS 431A.363, or as otherwise authorized by law. [2021 c.49 3]
(1) As used in this section: (a) "Eligible entity" means a: (A) Local government as defined in ORS 174.116; (B) Local housing authority; (C) Nonprofit organization; (D) Federally recognized Indian tribe in Oregon; (E) Coordinated care organization as defined in ORS 414.025; (F) Community action agency as described in ORS 458.505; or (G) Program administered by: (i) An electric company as defined in ORS 757.600; or (ii) A natural gas utility as defined in ORS 757.392. (b) "Environmental justice factor" means a circumstance or condition that impacts a communitys ability to achieve a balance of health, economic or environmental benefits and burdens or that impacts a communitys ability to participate in public processes. (c) "Grant program recipient" means an eligible entity that has been awarded a grant from the Oregon Health Authority under this section. (d) "Landlord" means a landlord, as defined in ORS 90.100, that meets eligibility criteria for a loan, grant or other financial assistance under the Healthy Homes Program as determined by the authority. (e) "Low income household" means a household having an income equal to or below 80 percent of the area median family income as determined by the authority. (f) "Nonprofit organization" means an organization or group of organizations that is described in section 501(c)(3) of the Internal Revenue Code and is exempt from income tax under section 501(a) of the Internal Revenue Code. (g) "Repair and rehabilitation" includes actions that: (A) Maximize energy efficiency of residences; (B) Extend the usable life of residences; or (C) Improve the health and safety of the occupants of residences, including: (i) Radon abatement; (ii) Lead abatement; (iii) Mold and mildew abatement; (iv) Installation of a smoke filtration system, an air purification system or ventilation or reduction of pathways for air infiltration; (v) Removal of asthma or allergen triggers; (vi) Structural or safety improvements that increase accessibility or visitability; (vii) Improvements that make homes more fire resistant; and (viii) Structural or safety improvements that promote seismic resiliency. (h) "Residence" means a dwelling that is intended for occupation by a single family and is occupied by one or more individuals who are members of a low income household as the individuals principal residence, including a site-built home, manufactured home, residential trailer, mobile home, condominium unit or unit within multifamily housing. (i) "Smoke filtration system" means a residential air filtration system that meets minimum efficiency standards, as determined by the authority, for the removal of particulates and other harmful substances generated by wildfires. (2) The Healthy Homes Program is established within the Oregon Health Authority. The purpose of the program is to provide grants to eligible entities that provide financial assistance to persons in low income households to repair and rehabilitate their residences and to landlords to repair and rehabilitate dwelling units inhabited by low income households. (3) To be eligible to receive grants from the Healthy Homes Program, an eligible entity must establish that it: (a) Serves or represents: (A) Communities with high concentrations of low income households; or (B) Communities impacted by environmental justice factors, including but not limited to: (i) Areas with above-average concentrations of historically disadvantaged households or residents with low levels of educational attainment, areas with high unemployment, high linguistic isolation, low levels of homeownership or high rent burden or sensitive populations; (ii) Areas disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure or environmental degradation; or (iii) Other environmental justice factors as determined by the authority. (b) Has the capacity to administer grant funds received under this section. (c) Is able to comply with the requirements of all state and federal laws, rules and regulations. (4)(a) The authority shall adopt by rule processes for eligible entities to apply to receive grants from the Healthy Homes Program. The processes may include a request for proposals. (b) The authority may adopt by rule: (A) Standards for repair and rehabilitation activities conducted by low-income households; (B) Standards for repair and rehabilitation activities conducted by landlords; (C) Additional requirements for landlords who receive program funds; and (D) Provisions for the allocation of program funds including but not limited to allocations for types of eligible entities, types of recipients, types of housing and regions of this state. (c) The authority, in consultation with the Governors Policy Advisor for Economic and Business Equity, may establish by rule standards for the work performed using grants from the program to be performed by disadvantaged business enterprises, minority-owned businesses, woman-owned businesses or businesses that service-disabled veterans own, as those terms are defined in ORS 200.005. (5) Upon being awarded a grant under this section, the grant program recipient shall enter into an agreement with the authority that contains provisions that: (a) Indicate the purposes for which the grant funds may be used; (b) Prohibit the grant program recipient from using more than 15 percent of grant funds for administrative expenses and program delivery costs; (c) Include the repayment provisions set forth in subsection (6) of this section; (d) Permit the authority to conduct audits and investigations of the grant program recipient regarding the purposes for which grant funds have been used; and (e) Require the grant program recipient to provide reports as set forth in subsection (7) of this section. (6) A grant program recipient must repay to the authority, in whole or in part, grant funds received under this section to the extent that: (a) The grant program recipient does not use the grant funds in accordance with the provisions of the grant agreement executed between the authority and the grant program recipient under subsection (5) of this section; or (b) The Director of the Oregon Health Authority determines that the grant program recipient must repay all or part of the grant funds on grounds of misappropriation, fraud or similar reasons after auditing or investigating the grant program recipients operations and conducting a contested case hearing under ORS 183.413 to 183.470. (7) A grant program recipient shall report to the authority by June 30 of each year concerning the status and use of grant funds received under this section. The report required under this section may not disclose the personal information of the recipients of loans, grants or other financial assistance under the Healthy Homes Program. The report must include: (a) A detailed description of the grant program recipients use of grant funds; (b) A list of each loan, grant or other financial assistance that the grant program recipient has provided and, where applicable, a full accounting of the repayment status of the loans; (c) The number of low income households that the grant program recipient has provided financial assistance to for the repair and rehabilitation of their residences; (d) The number of landlords that the grant program recipient has provided financial assistance to for the repair and rehabilitation of dwelling units; (e) The nature and amounts of the administrative expenses and program delivery costs the grant program recipient has incurred in providing the financial assistance under the program; (f) Disaggregated data concerning the income, racial or ethnic background, family size and related demographic information of low income households who received financial assistance for repair and rehabilitation of residences under the program from the grant program recipient; and (g) Any other information required by the authority. (8) The authority may not pay amounts for grants under this section from any source other than available funds in the Healthy Homes Repair Fund established in ORS 431A.402. (9) Under the Healthy Homes Program, the authority may develop, or contract with public institutions of higher education or nonprofit organizations to assist in developing: (a) Methods for evaluating health hazards in housing; (b) Methods for preventing and reducing health hazards in housing; (c) Performance measures for the work being performed through the financial assistance provided under the program; and (d) Recommendations for promoting the incorporation of healthy housing into ongoing practices and systems, including housing codes. [2021 c.622 1]
(1) There is established in the State Treasury the Healthy Homes Repair Fund, separate and distinct from the General Fund. Interest earned by the Healthy Homes Repair Fund is credited to the fund. The purpose of the fund is to: (a) Fund grants to eligible entities under the Healthy Homes Program established under ORS 431A.400; and (b) Pay for the administrative expenses of the Oregon Health Authority in establishing, implementing and administering the Healthy Homes Program under ORS 431A.400. (2) The fund consists of: (a) Money appropriated to the fund by the Legislative Assembly; (b) Grant funds repaid under ORS 431A.400 (6); (c) Moneys transferred to the fund from the federal or state government; (d) Application fees received under ORS 431A.400, if any; and (e) Gifts, grants and donations received from any source. [2021 c.622 2] Note: Sections 3 and 6, chapter 622, Oregon Laws 2021, provide: Sec. 3. Interagency Task Force on Healthy Homes. (1) The Interagency Task Force on Healthy Homes is established. (2) The task force consists of: (a) Up to nine members appointed by the Governor from among the following groups: (A) Eligible entities likely to participate in the Healthy Homes Program; (B) Individuals with lived or professional experience germane to the Healthy Homes Program; and (C) Individuals with expertise and experience in performing home improvement work. (b) The Director of the Oregon Health Authority or the directors designee. (c) The Director of the Housing and Community Services Department or the directors designee. (d) The Director of the Department of Environmental Quality or the directors designee. (e) The Director of the State Department of Energy or the directors designee. (f) The Director of the Department of Land Conservation and Development or the directors designee. (g) The Director of Human Services, or a designee of the director who is an individual with expertise in developmental disability services. (3) The task force shall: (a) Develop tools to compile and collect comprehensive information on services, programs and other resources related to housing and home-related health in this state. (b) Share data, metrics and strategies for the deployment of programs to improve home-related health. (c) Determine how best to leverage funds across programs and agencies to maximize success and improved outcomes. (d) Identify and consult with stakeholders who deploy programs to improve home-related health, and recipients of these programs, to: (A) Identify barriers to the deployment and success of programs to improve the health and safety of homes; (B) Identify potential solutions to identified barriers; (C) Identify new measures to improve the health and safety of homes; and (D) Determine the extent to which renters are able to take advantage of health and safety upgrades to homes. (4) A majority of the members of the task force constitutes a quorum for the transaction of business. (5) Official action by the task force requires the approval of a majority of the members of the task force. (6) The task force shall elect one of its members to serve as chairperson. (7) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the members of the task force. (8) The task force may adopt rules necessary for the operation of the task force. (9)(a) The task force shall submit a report in the manner provided in ORS 192.245 to the interim committees of the Legislative Assembly related to housing, the Governor and the Environmental Justice Task Force no later than September 15, 2022. (b) A report submitted under this section must: (A) Include data and metrics associated with program deployment, including demographics, geographic access and health and housing outcomes; (B) Identify barriers to program deployment and success and solutions to those barriers; and (C) Make recommendations for legislation to reduce barriers or expand program access and benefits. (10) The Oregon Health Authority shall provide staff support to the task force. (11) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of the duties of the task force and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the task force consider necessary to perform their duties. [2021 c.622 3] Sec. 6. Sunset. Section 3 of this 2021 Act is repealed on January 2, 2023. [2021 c.622 6]
(1) As used in this section, "smoke filtration system" means an air filtration system capable of removing particulates and other harmful components of wildfire smoke in a public building. (2) In consultation and coordination with the Oregon Health Authority, the Department of Human Services shall establish and implement a grant program that allows local governments to: (a) Establish emergency clean air shelters. (b) Equip public buildings with smoke filtration systems so the public buildings may serve as cleaner air spaces during wildfire smoke and other poor air quality events. (3) The department shall require grantees to provide access to the clean air shelters at no charge. [2021 c.592 14]
The Department of Human Services is the lead state agency for clean air shelter operations. The department shall: (1) Consult and collaborate with the Oregon Health Authority to align practices for voluntary evacuations and emergency sheltering operations. (2) Coordinate with the authority in setting priorities for awarding grants described in ORS 431A.410. (3) Provide support to local agencies that take lead roles in operating and planning clean air shelters in the local agencies jurisdictions. [2021 c.592 14a] Note: Section 14b, chapter 592, Oregon Laws 2021, provides: Sec. 14b. No later than June 30, 2023, in consultation with the Oregon Health Authority, the Department of Human Services shall report to an appropriate committee or interim committee of the Legislative Assembly, in the manner described in ORS 192.245, to the State Wildfire Programs Director and to the Wildfire Programs Advisory Council on: (1) The grants administered pursuant to section 14 of this 2021 Act [431A.410], including information about which local governments received grants. (2) Any barriers to administering the grants. (3) Areas for improving the grant program described in section 14 of this 2021 Act. (4) Public health impacts from wildfire smoke events. [2021 c.592 14b]
(1) As used in this section, "smoke filtration device" means portable air cleaners and furnace, heating, ventilation and air conditioning filters that are intended to remove contaminants, including particulates and other harmful components of wildfire smoke, from the air in a room to improve indoor air quality. (2) The Oregon Health Authority shall establish a program to increase the availability of residential smoke filtration devices among persons vulnerable to the health effects of wildfire smoke who reside in areas susceptible to wildfire smoke. (3) The authority may award grants for the purchase of smoke filtration devices. (4) If the authority awards grants described in this section, the authority shall give priority to funding for smoke filtration devices in residential buildings occupied by persons who qualify for the Oregon Health Plan or Medicaid and are vulnerable to the health effects of wildfire smoke. (5) The authority may adopt rules establishing standards for smoke filtration devices obtained with grant moneys received under this section, including, but not limited to, minimum acceptable efficiency for the removal of particulates and other harmful substances generated by wildfires. (6) The authority may provide information and refer service providers to grantees that need housing interventions to facilitate effective use of smoke filtration devices, including interventions such as weather proofing. [2021 c.592 15]
The Oregon Health Authority shall periodically report to an appropriate committee or interim committee of the Legislative Assembly, as described in ORS 192.245, to the State Wildfire Programs Director and to the Wildfire Programs Advisory Council on: (1) The use of smoke filtration devices funded under ORS 431A.415, including use of the smoke filtration devices by vulnerable and underserved communities. (2) The effectiveness of the programs described in ORS 431A.415. (3) Areas for improvement. (4) Public health impacts during wildfire smoke events. (5) Whether funding described in ORS 431A.415 has provided a public health return on investment. [2021 c.592 15a]
(1) As used in this section, "health club" means an indoor facility: (a) With the primary purpose of offering exercise or athletic activities that patrons or members may participate in for a fee; and (b) That typically has at the facility on a regular business day 50 or more persons who are employees, patrons or members participating in the exercise or athletic activities offered at the facility. (2) The owner of a health club shall have on the premises at all times at least one automated external defibrillator. (3) Subsection (2) of this section does not apply to a facility owned by a hotel as defined in ORS 699.005. [Formerly 431.680]
(1) As used in this section, "place of public assembly" means a single building that has 50,000 square feet or more of indoor floor space and where: (a)(A) The public congregates for purposes such as deliberation, shopping, entertainment, amusement or awaiting transportation; or (B) Business activities are conducted; and (b) At least 50 individuals congregate on a normal business day. (2) Notwithstanding ORS 431A.450 (3), the owner of a place of public assembly shall have on the premises at least one automated external defibrillator. (3) Notwithstanding subsection (2) of this section: (a) A community college or a public university listed in ORS 352.002 shall have at least one automated external defibrillator on the campus of the community college or public university; and (b) If the campus of the community college or public university contains more than one place of public assembly, the community college or public university shall ensure that at least one automated external defibrillator is readily available to each place of public assembly. (4) Subsection (2) of this section does not apply to a building primarily used for worship or education associated with worship. [Formerly 431.690]
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]
(1) The Oregon Health Authority shall prohibit coordinated care organizations and public payers of health insurance, when reimbursing the cost of medication-assisted treatment for treating substance use disorders, including opioid and opiate addiction, from requiring prior authorization of payment during the first 30 days of medication-assisted treatment. (2) The authority may adopt rules to carry out this section. [2019 c.583 7]
(1) The Oregon Health Authority shall educate residents of this state about: (a) The need for bone marrow donors; (b) The procedures required to become registered as a potential bone marrow donor, including procedures for determining a persons tissue type; and (c) The medical procedures a donor must undergo to donate bone marrow or other sources of blood stem cells. (2) The Oregon Health Authority shall make special efforts to educate and recruit citizens of Oregon with a special emphasis on minority populations to volunteer as potential bone marrow donors. Means of communication may include use of press, radio and television, and placement of educational materials in appropriate health care facilities, blood banks and state and local agencies. The Oregon Health Authority in conjunction with the Department of Transportation shall make educational materials available at all places where driver licenses are issued or renewed. [Formerly 431.270]
(1) There is established a Spinal Cord Injury Research Board consisting of 11 members appointed by the Governor. (2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. (3) The appointment of a member to the board is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565. (4) The members of the Spinal Cord Injury Research Board shall be citizens of this state who are well informed on the issues relating to spinal cord injuries and related disabilities. Members may include, but are not limited to: (a) A minimum of five health professionals with clinical practice experience in each of the practice fields of neuroscience, neurology, neurosurgery, neuropharmacology and spinal cord rehabilitative medicine; (b) A representative of the Oregon Disabilities Commission; (c) A representative of a disabilities advocacy organization or an individual who advocates on behalf of persons with spinal cord injuries; (d) A representative of the Oregon Health Authority; (e) Members of the Legislative Assembly; and (f) A person with a spinal cord injury. (5) The board shall elect one of its members as chairperson and another as vice chairperson, for such terms and with such duties and powers necessary for the performance of the functions of such offices as the board determines. (6) The board shall meet at least once every three months at a place, day and hour determined by the chairperson. The board also shall meet at other times and places specified by the call of the chairperson or of a majority of the members of the board. (7) In accordance with applicable provisions of ORS chapter 183, the board may adopt rules necessary for the administration of the grant program and fund described in ORS 431A.505 and 431A.510. [Formerly 431.290]
(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, 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]
(1) There is created within the State Treasury, separate and distinct from the General Fund, the Spinal Cord Injury Research Fund administered by the Spinal Cord Injury Research Board. Moneys in the fund are continuously appropriated for the purpose of carrying out ORS 431A.505. (2) The Spinal Cord Injury Research Fund shall consist of: (a) Moneys appropriated to the fund by the Legislative Assembly; and (b) Moneys obtained from gifts or grants by any public or private source received by the board under ORS 431A.505 (3). [Formerly 431.294]
(1) The Stroke Care Committee is established under the Oregon Health Authority. (2) The Director of the Oregon Health Authority shall appoint at least 10 members to serve on the committee as follows: (a) Two physicians who specialize in the care of stroke patients, one of whom is a neurologist; (b) One physician who specializes in emergency medicine; (c) At least three hospital administrators, or designees of hospital administrators, of whom: (A) At least one must be from a certified Comprehensive Stroke Center; (B) One must be from a certified Primary Stroke Center; and (C) One must be from a rural hospital that uses Telestroke; (d) One nurse who is a stroke coordinator or who works in an emergency department and has experience treating stroke; (e) One emergency medical services provider who works for a licensed ambulance service; (f) One health practitioner who specializes in rehabilitative medicine; and (g) One individual who has experience advocating for the care of stroke patients and who is not a health care provider. (3) In appointing members under subsection (2) of this section, the director must consider the geographic diversity of this state and appoint members who are from rural areas. (4) For the purpose of achieving continuous improvement in the quality of stroke care, the committee shall: (a) Analyze data related to the prevention and treatment of strokes; (b) Identify potential interventions to improve stroke care; and (c) Advise the authority on meeting the objectives of the authority, including but not limited to the objectives of the emergency medical services and trauma system developed pursuant to ORS 431A.050, that are related to stroke care. (5) A majority of the members of the committee constitutes a quorum for the transaction of business. (6) Official action taken by the committee requires the approval of a majority of the members of the committee. (7) The committee shall elect a chairperson from among its members. (8) The committee shall meet at the call of the chairperson or of a majority of the members of the committee. (9) The committee may adopt rules necessary for the operation of the committee. (10) The term of office of each member of the committee is four years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor whose term begins January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become immediately effective for the unexpired term. (11) Members of the committee are not entitled to compensation, but may be reimbursed from funds available to the authority, for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. [Formerly 431.673]
(1) The Oregon Health Authority shall, in accordance with recommendations made by the Stroke Care Committee established under ORS 431A.525, establish and implement a plan for achieving continuous improvement in the quality of stroke care. In implementing the plan, the authority shall: (a) Require hospitals certified as Comprehensive Stroke Centers or Primary Stroke Centers through the Joint Commission or an equivalent organization, and encourage all other hospitals, to submit stroke care data to a database designated by the authority. A hospital that submits stroke care data under this paragraph must authorize the keeper of the database to permit the authority to access the submitted data. (b) Designate a statewide or national stroke database to which hospitals described in paragraph (a) of this subsection are required to submit, or may submit, stroke care data for the purpose of obtaining information and statistics on stroke care. In designating the database, the authority shall ensure that the database: (A) Has security protections in place to safely protect individually identifiable information to the extent that the database receives and maintains such information; and (B) Aligns with the core consensus stroke metrics developed and approved by the American Heart Association, the American Stroke Association, the Joint Commission and the Centers for Disease Control and Prevention. (c) Develop a data oversight process in accordance with recommendations made by the Stroke Care Committee. (2) In addition to the duties described in subsection (1) of this section, the authority shall: (a) Coordinate with national health organizations involved in improving the quality of stroke care to avoid duplicative information and redundant processes. (b) Use information related to stroke care and reported pursuant to subsection (1)(a) of this section to support improvement in the quality of stroke care in accordance with guidelines that meet or exceed nationally recognized standards established by the American Stroke Association. (c) Encourage the sharing of information among health care providers on practices that improve the quality of stroke care. (d) Facilitate communication about data trends and treatment developments among health care providers and coordinated care organizations that provide services related to stroke care. (e) Provide stroke care data and recommend improvements for stroke care to coordinated care organizations. (f) Not later than the beginning of each odd-numbered year regular session of the Legislative Assembly, prepare and submit to the Legislative Assembly a report in the manner provided in ORS 192.245 summarizing the authoritys activities under this section. (3)(a) Information submitted to the designated database and accessed by the authority under this section: (A) Is confidential and not subject to disclosure under ORS 192.311 to 192.478; (B) May be disclosed only as permitted in paragraph (b) of this subsection and in accordance with rules adopted by the authority under this section; (C) Is not subject to civil or administrative subpoena; and (D) Is nondiscoverable and inadmissible in a judicial, administrative, arbitration or mediation proceeding. (b) Individually identifiable information and information that identifies a hospital described in subsection (1)(a) of this section may not be disclosed by the authority without the approval of the hospital that submitted the information. Only deidentified information may be disclosed by the authority under this section. [Formerly 431.675]
(1) A facility, as defined in 42 U.S.C. 263b, must provide written notice, in the form prescribed by the Oregon Health Authority under subsection (2) of this section, to a patient on whom the facility has performed a mammogram if the mammogram shows the patient has dense breast tissue. (2) The authority shall prescribe by rule the form and content of the notice provided under subsection (1) of this section. The notice must include but is not limited to all of the following: (a) Information about breast density, based on the Breast Imaging Reporting and Data System established by the American College of Radiology; (b) An explanation that dense breast tissue can make it harder to find cancer on a mammogram and that dense breast tissue may also be associated with an increased risk of breast cancer; (c) That the patient may benefit from supplementary screening or diagnostic testing including a breast ultrasound; and (d) That the patient should contact the patients health care provider to find out whether the health care provider recommends additional testing. (3) The authority shall adopt by rule a definition of "dense breast tissue" and shall amend the definition whenever necessary to ensure that the definition is consistent with current medical evidence. [Formerly 431.823]
(1) The Oregon Health Authority shall make written materials available on the authoritys website to educate breast cancer patients about the availability of insurance coverage for breast reconstruction surgery and breast prostheses following a mastectomy. The authority shall update the materials at least annually. (2) The authority shall place a link to the educational materials described in subsection (1) of this section next to a link on the website to information about breast cancer screenings and under a tab designated "Breast Reconstruction Education." The materials must include links to information about breast reconstruction surgery published by governmental entities with a nexus to this state or nonprofit organizations with expertise in breast reconstruction surgery, including but not limited to information about: (a) The availability of the option to have breast reconstruction surgery following a mastectomy including that the breast reconstruction surgery may be performed at the time of a mastectomy or may be delayed until a later date. (b) Prostheses or breast forms as alternatives to breast reconstruction surgery. (c) The requirements of the Womens Health and Cancer Rights Act of 1998 (P.L. 105-277) including the right to breast reconstruction surgery following a mastectomy even if the surgery is delayed until a later date. (3) The authority may include educational information about breast reconstruction surgery in newsletters or similar publications that the authority sends to clients or physicians on a weekly or monthly basis. [2017 c.163 1]
(1) As used in this section: (a) "Communicable disease" has the meaning given that term in ORS 431A.005. (b) "Good faith effort to obtain the voluntary consent of the source person" includes a good faith effort to locate or contact the source person. (c) "Significant exposure" means direct contact with blood, bodily fluids or other potentially infectious materials of a person, and the contact is capable of transmitting a communicable disease. (2) Notwithstanding any other provision of law, an employee of the Department of Corrections, a law enforcement officer as defined in ORS 414.805, a parole and probation officer as defined in ORS 181A.355, a corrections officer as defined in ORS 181A.355, an emergency medical services provider as defined in ORS 682.025, a licensed health care provider as defined in ORS 433.060 or a firefighter who, in the performance of the persons official duties, comes into contact with the blood, bodily fluid or other potentially infectious material of another person may petition the circuit court for an order compelling the testing of the source person for a communicable disease, provided that the person making the petition has first made a good faith effort to obtain the voluntary consent of the source person to be tested for a communicable disease. (3) A petition submitted under this section must: (a) Set forth the facts and circumstances of the contact with the source person and the reasons the petitioner and a medically trained person representing the petitioner, if available, believe the contact with the source person constitutes significant exposure and that testing is appropriate; (b) If a medically trained person is not available to represent the petitioner, include the reason for the unavailability; (c) Include information sufficient to identify the source person and the location of the source person, if known; and (d) Include a statement by the petitioner attesting to having made a good faith effort to obtain the voluntary consent of the source person to be tested for a communicable disease. (4) The circuit court shall hold an ex parte hearing in person, by telephone or by other appropriate means no later than three judicial days after receiving a petition under this section. Upon a finding that the requirements of subsection (3) of this section have been met and a showing that the circumstances create probable cause to conclude that the petitioners contact with the source person constitutes significant exposure, the court shall order the testing of the source person. The court shall issue the order no later than four judicial days after receiving a petition under this section. (5) If the circuit court orders a test under subsection (4) of this section: (a) The order shall direct the source person to allow a test to be performed by a licensed health care provider, without delay, for a communicable disease that may be transmitted by the type of contact that occurred and may specify the date by which the test must be completed. If the source person is in custody or otherwise subject to the legal control of another person, the order may be directed to the agency with custody of, or the other person with legal control over, the source person. The order may direct the agency or other person to provide the source person with a copy of the order. The order may contain any directions necessary to ensure that the test is performed. (b) The petitioner shall designate a physician, physician assistant or nurse practitioner to receive the results of the test on behalf of the petitioner. (c) The order must inform the source person, or the agency with custody of or other person with legal control over the source person, of: (A) The physician, physician assistant or nurse practitioner who is to receive the results of the test on behalf of the petitioner; and (B) How to obtain payment for costs under subsection (8) of this section. (d) The order must be served on the source person, or the agency with custody of or other person with legal control over the source person, in the manner directed by the court. The court may provide for service of the order by any means appropriate to the circumstances of the source person, including directing the petitioner or the sheriff to serve the order. The costs associated with serving the order must be paid as provided under subsection (8) of this section. (e) The order is enforceable through the contempt powers of the court. (6) The results of a test ordered under this section: (a) Are confidential and not subject to public disclosure under ORS 192.311 to 192.478; and (b) May be made available only to the physician, physician assistant or nurse practitioner designated by the petitioner to receive the results of the test, the Oregon Health Authority and the source person. (7) Blood, bodily fluids or other potentially infectious materials taken from a source person for the purpose of performing a test under this section: (a) May not be used for a civil or criminal investigation or as evidence in civil or criminal proceeding; and (b) May be retained only as long as necessary to confirm the results of a test performed under this section. (8) A charge or filing fee may not be imposed for the filing of a petition under this section. The cost of any testing ordered under this section shall be the responsibility of the employer of the petitioner. [2017 c.696 1; 2021 c.102 1]
The Oregon Health Authority shall provide to the counties of this state pamphlets described in ORS 106.081. The authority may produce such pamphlets with moneys available for the purpose or may accept a gift of such pamphlets from any public or private source if the content is acceptable to the authority. [Formerly 431.825]
The Oregon Health Authority shall establish and implement appropriate education, prevention and outreach activities in communities that traditionally practice female circumcision, excision or infibulation for the purpose of informing: (1) Those communities of the health risks and emotional trauma inflicted by the practices; (2) Those communities and the medical community as to the existence and ramifications of ORS 163.207; and (3) Those communities that the practices constitute physical injuries to a child for purposes of ORS 419B.005. [Formerly 431.827]
(1) The Oregon Health Authority shall establish an acquired immune deficiency syndrome program: (a) To provide education and prevention services to its clients; and (b) To provide education and prevention services to the public. (2) Programs authorized by this section may be operated by the authority directly or under contract with public and private agencies. [Formerly 431.830]
(1) There is established as a separate and distinct fund in the State Treasury an Alzheimers Disease Research Fund. The Alzheimers Disease Research Fund shall consist of: (a) An amount credited to the fund pursuant to ORS 305.690 to 305.753, which shall be transferred by the Department of Revenue to the fund. (b) Gifts, grants and donations, in money or otherwise, for use as described in subsection (2) of this section, which the State Treasurer may solicit and accept from private and public sources and shall cause to be deposited and credited to the Alzheimers Disease Research Fund. (c) Interest or other earnings on the amounts described in paragraphs (a) and (b) of this subsection which shall inure to the benefit of the Alzheimers Disease Research Fund. (2) Moneys contained in the Alzheimers Disease Research Fund are continuously appropriated for the purpose of grants to the Alzheimers Disease Center of Oregon, a cooperative venture between Oregon Health and Science University, Good Samaritan Hospital and Medical Center, the United States Department of Veterans Affairs and the Alzheimers Disease and Related Disorders Association to carry out research on Alzheimers disease and related disorders. [Formerly 431.855]
Oregon Health and Science University shall have access to and control of the moneys held in the Alzheimers Disease Research Fund established under ORS 431A.650 but shall use such moneys only for the purposes specified in ORS 431A.650 (2). [Formerly 431.860]
(1) The Maternal Mental Health Patient and Provider Education Program is created in the Oregon Health Authority. The goal of the program is to identify and address maternal mental health disorders and to prevent the associated long-term negative outcomes from the disorders that result for women, children and families. (2) The authority shall develop informational materials for health care providers who serve pregnant and postpartum patients, including patients who have experienced a post-pregnancy loss. The informational materials must be based on the recommendations made in the report of the work group on maternal mental health disorders pursuant to section 1, chapter 624, Oregon Laws 2009. (3) The authority shall post the informational materials developed under subsection (2) of this section to the authoritys website to educate the public about maternal mental health disorders. [Formerly 431.862]
(1) Physicians, nurse midwives, naturopathic physicians and other licensed health care professionals who provide prenatal and postnatal care to patients may provide to each patient, and family members of the patient, if appropriate, the informational materials published by the Oregon Health Authority under ORS 431A.675 or other maternal mental health education materials that are approved by the authority. (2) Hospitals and other health care facilities that provide maternity care may give postnatal and post-pregnancy loss patients, and family members of the patients, if appropriate, prior to the discharge of the patient, the informational materials published by the authority under ORS 431A.675 or other maternal mental health education materials that are approved by the authority. [Formerly 431.864; 2017 c.356 60]
The Oregon Health Authority is authorized to apply for federal grants that are available under 42 U.S.C. 280g-11, 711 and 712 or any other appropriate federal funding source, and may solicit private gifts, grants or donations to carry out the provisions of ORS 431A.675. [Formerly 431.866] Note: Section 4, chapter 220, Oregon Laws 2011, provides: Sec. 4. (1) ORS 431.862 [renumbered 431A.675] and 431.864 [renumbered 431A.680] become operative on the date that the Office of the Legislative Counsel receives written notice from the Oregon Health Authority indicating that the authority has received an amount of moneys under ORS 431.866 [renumbered 431A.685] that is sufficient to carry out the provisions of ORS 431.862. (2) The authority may take the actions described in ORS 431.866 before the operative date specified in subsection (1) of this section to obtain the moneys necessary to carry out the provisions of ORS 431.862. (3) Until the operative date specified in subsection (1) of this section, the authority shall report on the actions taken by the authority pursuant to ORS 431.866 to the Joint Committee on Ways and Means at least once during an odd-numbered year regular session of the Legislative Assembly. [2011 c.220 4; 2012 c.107 4]
(1) The Oregon Health Authority shall compile information on the following: (a) The dangers associated with adrenal insufficiency; (b) How to identify a person suffering an adrenal crisis; and (c) The types of medications that treat adrenal insufficiency. (2) The authority shall disseminate the information described in subsection (1) of this section to health care professionals and the public for the purpose of educating health care professionals and the public about adrenal insufficiency. The authority may disseminate the information through print or electronic publications, through video productions or by any other method determined to be cost-effective by the authority. (3) In disseminating the information described in subsection (1) of this section, the authority shall consider the most effective means of providing the information to emergency medical services providers licensed under ORS chapter 682 and health care professionals who work in a hospital emergency department. [2015 c.501 1]
Using evidence-based data and best practices, the Oregon Health Authority shall promote oral health throughout this state by ensuring the availability of dental sealant programs to students attending school in this state. To fulfill its duties under this section, the authority shall: (1) Screen, and ensure the provision of dental sealants to, appropriate student populations who attend an elementary school or a middle school in which at least 40 percent of all students attending the school are eligible to receive assistance under the United States Department of Agricultures National School Lunch Program. (2) Where appropriate, directly provide the services described in subsection (1) of this section. (3) Where appropriate, oversee the provision of services described in subsection (1) of this section by local dental sealant programs. (4) Adopt by rule procedures and qualifications for: (a) The certification of local dental sealant programs; (b) The recertification of local dental sealant programs; (c) The training of personnel who provide services through local dental sealant programs; and (d) Monitoring and collecting data from local dental sealant programs. (5) Upon making a determination that a local dental sealant program is capable of providing the services described in subsection (1) of this section for one or more schools: (a) Develop a plan for transitioning the school or schools from receiving the services directly from the authority to receiving the services from the local dental sealant program; and (b) Assist the school or schools in making the transition. (6) Ensure that all dental sealant data collected by the authority or a local dental sealant program is integrated with data sets included as part of the comprehensive health care information system described in ORS 442.373. [2015 c.791 1]
(1) For the better protection of the public health, the laboratory of the Oregon Health Authority shall make examinations of water, milk, blood, secretions, excretions, tissues or environmental samples required by any state or local agency in Oregon. (2) In accordance with the rules of the authority, the authority may make examinations of water, milk, blood, secretions, excretions, tissues or environmental samples for any: (a) Country or territory; (b) Federal agency; (c) Agency of another state; (d) Tribal agency; or (e) Health care practitioner licensed in any country, territory or state. (3) The authority may adopt rules to implement this section and collect fees for tests performed in the state public health laboratory, subject to approval by the Oregon Department of Administrative Services prior to adopting a new fee or changing an existing fee. (4) All moneys collected under subsection (3) of this section shall be deposited in the Public Health Account to be used for expenses of the state public health laboratory. [Formerly 431.310]
As used in ORS 431A.775 and 431A.780: (1) "Person" includes an individual, partnership, association, corporation, private institution or governmental entity. (2) "Recombinant DNA research" means research on molecules that consist of segments of deoxyribonucleic acid from different organisms which are joined together in cell-free systems and which have the capacity to infect and replicate in some host cell, either autonomously or as an integrated part of the host genome. [Formerly 431.805]
Persons carrying out recombinant DNA research must comply with the recombinant research guidelines adopted by the National Institutes of Health and any subsequent modifications thereof. [Formerly 431.810]
As used in ORS 431A.855 to 431A.900: (1) "Dental director" means a dentist, as defined in ORS 679.010, employed by a coordinated care organization, dental clinic or office, or a system of dental clinics or offices, for the purpose of overseeing the operations of the dental clinic or office, or the system of dental clinics or offices, and ensuring the delivery of quality dental care within the clinic, office or system. (2) "Dispense" and "dispensing" have the meanings given those terms in ORS 689.005. (3) "Drug outlet" has the meaning given that term in ORS 689.005. (4) "Health professional regulatory board" means a health professional regulatory board, as defined in ORS 676.160, the Long Term Care Administrators Board, the Board of Licensed Dietitians and the Behavior Analysis Regulatory Board. (5) "Medical director" means a physician employed by a coordinated care organization, hospital, health care clinic or system of hospitals or health care clinics for the purposes of overseeing the operations of the coordinated care organization, hospital, clinic or system and ensuring the delivery of quality health care within the coordinated care organization, hospital, clinic or system. (6) "Pharmacist" means: (a) A pharmacist as defined in ORS 689.005; or (b) An individual licensed to practice pharmacy in another state, if the requirements for licensure are similar, as determined by the Oregon Health Authority, to the requirements for being licensed as a pharmacist as defined in ORS 689.005. (7) "Pharmacy director" means a pharmacist employed by a coordinated care organization, pharmacy or system of pharmacies for the purposes of overseeing the operations of the coordinated care organization, pharmacy or system and ensuring the delivery of quality pharmaceutical care within the coordinated care organization, pharmacy or system. (8) "Practitioner" means: (a) A practitioner as defined in ORS 689.005; or (b) An individual licensed to practice a profession in another state, if the requirements for licensure are similar, as determined by the authority, to the requirements for being licensed as a practitioner as defined in ORS 689.005. (9) "Prescription" has the meaning given that term in ORS 475.005. (10) "Prescription drug" has the meaning given that term in ORS 689.005. [Formerly 431.960; 2017 c.101 11; 2017 c.683 11; 2018 c.61 14; 2019 c.53 1; 2019 c.583 15]
(1)(a) The Oregon Health Authority, in consultation with the Prescription Monitoring Program Advisory Commission, shall establish and maintain a prescription monitoring program for monitoring and reporting: (A) Prescription drugs dispensed by pharmacies licensed by the State Board of Pharmacy that are classified in schedules II through IV under the federal Controlled Substances Act, 21 U.S.C. 811 and 812, as modified by the board by rule under ORS 475.035; (B) Prescribed gabapentin and naloxone dispensed by pharmacies; and (C) Other drugs identified by rules adopted by the authority. (b)(A) To fulfill the requirements of this subsection, the authority shall establish, maintain and operate an electronic system to monitor and report drugs described in paragraph (a) of this subsection that are dispensed by prescription. (B) The electronic system must: (i) Operate and be accessible by practitioners and pharmacies 24 hours a day, seven days a week; and (ii) Allow practitioners to register as required under ORS 431A.877 and to apply for access to the electronic system in accordance with rules adopted by the authority under subsection (2) of this section. (C) The authority may contract with a state agency or private entity to ensure the effective operation of the electronic system. (2) In consultation with the commission, the authority shall adopt rules for the operation of the electronic prescription monitoring program established under subsection (1) of this section, including standards for: (a) Reporting data; (b) Providing maintenance, security and disclosure of data; (c) Ensuring accuracy and completeness of data; (d) Complying with the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and regulations adopted under that law, including 45 C.F.R. parts 160 and 164, federal alcohol and drug treatment confidentiality laws and regulations adopted under those laws, including 42 C.F.R. part 2, and state health and mental health confidentiality laws, including ORS 179.505, 192.517 and 192.553 to 192.581; (e) Ensuring accurate identification of persons or entities requesting information from the database; (f) Accepting printed or nonelectronic reports from pharmacies that do not have the capability to provide electronic reports; (g) Notifying a patient, before or when a drug classified in schedules II through IV is dispensed to the patient, about the prescription monitoring program and the entry of the prescription in the electronic system; and (h) Registering practitioners with the electronic system. (3) The authority shall submit an annual report to the commission regarding the prescription monitoring program established under this section. [Formerly 431.962; 2017 c.683 12; 2018 c.45 8; 2019 c.470 5; 2019 c.583 16]
(1) Not later than 72 hours after dispensing a prescription drug that is subject to the prescription monitoring program established under ORS 431A.855, a pharmacy shall electronically report to the Oregon Health Authority: (a) For prescription drugs described in ORS 431A.855 (1)(a)(A) and other drugs identified by the authority by rule, the name, address, phone number, date of birth and sex of the patient for whom the prescription drug was prescribed; (b) The identity of the pharmacy that dispensed the prescription drug and the date on which the prescription drug was dispensed; (c) The identity of the practitioner who prescribed the prescription drug and the date on which the prescription drug was prescribed; (d) The national drug code number for the prescription drug; (e) The prescription number assigned to the prescription drug; (f) The quantity of the prescription drug dispensed; (g) The number of days for which the prescription drug was dispensed; (h) The number of refills of the prescription authorized by the practitioner and the number of the refill that the pharmacy dispensed; and (i) The diagnosis code used by the practitioner and the reason for the prescription. (2) Notwithstanding subsection (1) of this section, the authority may not: (a) Require the reporting of prescription drugs administered directly to a patient or dispensed pursuant to ORS 127.800 to 127.897; or (b) Collect or use Social Security numbers in the prescription monitoring program. (3) Upon receipt of the data reported pursuant to subsection (1) of this section, the authority shall record the data in the electronic system established under ORS 431A.855. (4)(a) The authority may, for good cause as determined by the authority, grant a pharmacy a waiver of the requirement that the information to be reported under subsection (1) of this section be submitted electronically. The waiver must state the format, method and frequency of the alternate nonelectronic submissions from the pharmacy and the duration of the waiver. (b) As used in this subsection, "good cause" includes financial hardship. (5) This section does not apply to pharmacies in institutions as defined in ORS 179.010. [Formerly 431.964; 2017 c.683 13; 2019 c.470 6; 2019 c.583 17]
(1)(a) Except as provided under subsections (2) and (3) of this section, prescription monitoring information submitted under ORS 431A.860 to the prescription monitoring program established in ORS 431A.855: (A) Is protected health information under ORS 192.553 to 192.581. (B) Is confidential and not subject to disclosure under ORS 192.311 to 192.478. (b) Except as provided under subsection (3)(a)(H) of this section, prescription monitoring information submitted under ORS 431A.860 to the prescription monitoring program may not be used to evaluate a practitioners professional practice. (2) The Oregon Health Authority may review the prescription monitoring information of an individual who dies from a drug overdose. (3)(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: (A) To a practitioner or pharmacist, or, if a practitioner or pharmacist authorizes the authority to disclose the information to a member of the practitioners or pharmacists staff, to a member of the practitioners or pharmacists staff. If a practitioner or pharmacist authorizes disclosing the information to a member of the practitioners or pharmacists 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 directors, medical directors or pharmacy directors staff, to a member of the dental directors, medical directors or pharmacy directors staff. If a dental director, medical director or pharmacy director authorizes disclosing the information to a member of the dental directors, medical directors or pharmacy directors 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. (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. (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; or (E) To officials of the authority who are conducting special epidemiologic morbidity and mortality studies in accordance with ORS 413.196 and rules adopted under ORS 431.001 to 431.550 and 431.990. (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, 192.517 and 192.553 to 192.581. (B) The sex of a patient for whom a drug was prescribed. (C) The identity of a patient for whom naloxone was prescribed. (d) The authority shall disclose information relating to a patient maintained in the electronic system established under ORS 431A.855 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)(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 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 patients request to correct information under this paragraph, or fails to grant a patients 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, 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 to 192.581 and federal laws and regulations related to privacy, any person authorized to prescribe or dispense a prescription drug who is entitled to access a patients prescription monitoring information may discuss the information with or release the information to other health care providers involved with the patients care for the purpose of providing safe and appropriate care coordination. (4)(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)(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 or 431A.870, 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 or 431A.870 unless the authority, person or entity acts with malice, criminal intent, gross negligence, recklessness or willful intent. (8) Nothing in 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]
The Oregon Health Authority shall coordinate with health professional regulatory boards to make resources available to practitioners regarding the best methods to change prescribing practices with respect to opioids and opiates and to incorporate alternative pain management options into prescribing practices. [2017 c.683 21]
(1) The Oregon Health Authority may require a person requesting prescription monitoring program information under ORS 431A.865 (3)(b) to enter into a data use agreement under which the person: (a) Describes the proposed use for the information; (b) Agrees to any terms and conditions imposed on transferring the information; (c) Agrees to any limitations imposed on using the information; (d) Agrees to any terms and conditions imposed on keeping the information; and (e) Agrees to destroy the information after completing the proposed use for the information. (2) In determining whether to enter into an agreement under this section, the authority shall: (a) Ensure that the agreement will benefit the health and safety of Oregonians; (b) Determine whether the person making the request has the technical competence needed to meet any terms, conditions or limitations imposed under subsection (1) of this section and the ability to complete the proposed use for the information; (c) If the proposed use for the information involves research, ensure that the proposed use has been approved by any involved institutional review board; and (d) Consider any other factor that the authority determines is relevant. (3) Using the factors described in subsection (2) of this section, the authority shall evaluate any agreement entered into under this section at least once per year for the purpose of determining whether to renew the agreement. [2017 c.683 18; 2019 c.470 11; 2019 c.583 19]
The Oregon Health Authority may enter into agreements governing the sharing and use of information described in ORS 431A.860 (1) with the authorities of other states that administer prescription monitoring programs. An agreement entered into under this section must adhere to the disclosure limitations listed under ORS 431A.865 (3). An agreement entered into under this section may: (1) Provide for the transmission of information between electronic systems, provided that any electronic system to which the Oregon Health Authority transmits information meets the confidentiality, security and privacy standards adopted by the authority under ORS 431A.855; or (2) Provide for the transmission of information to practitioners or pharmacists licensed to practice in another state. [2017 c.683 22; 2019 c.470 12]
A pharmacist may not refuse to fill a valid prescription solely because the pharmacist cannot receive patient information from the prescription monitoring program established under ORS 431A.855 at the time the patient requests that the prescription be filled. [Formerly 431.968]
If a practitioner or pharmacist authorized to obtain prescription information from the electronic system established under ORS 431A.855 discloses or uses information obtained from the electronic system in violation of ORS 431A.865, the Oregon Health Authority shall report the individual to the appropriate health professional regulatory board. [Formerly 431.970; 2017 c.683 15]
(1) In order to ensure the development, administration and evaluation of best practices for prescribing opioids and opiates, a practitioner shall register with the electronic system established under ORS 431A.855. (2) The Oregon Health Authority may adopt rules to administer this section. [2018 c.45 7]
(1) As used in this section, "board" means: (a) The Oregon Medical Board; (b) The Oregon Board of Dentistry; (c) The Oregon Board of Naturopathic Medicine; (d) The Oregon State Board of Nursing; (e) The Oregon Board of Optometry; and (f) The State Board of Pharmacy. (2)(a) At the time of issuing or renewing a license, a board shall provide the Oregon Health Authority with the licensing information of each person licensed by the board who is authorized to prescribe or dispense controlled substances. The authority shall use the licensing information to qualify the licensee to report information to, or receive information from, the prescription monitoring program established under ORS 431A.855. (b) A board by rule may adopt exceptions to the requirement described in paragraph (a) of this subsection. (3)(a) In addition to other licensing fees imposed by a board on licensees, a board shall adopt rules imposing a fee of $35 per year on each person licensed by the board who is authorized to prescribe or dispense controlled substances. A board shall collect the fee at the same time the board collects other licensing fees imposed on licensees. (b) A board shall retain 10 percent of the fees collected under paragraph (a) of this subsection to cover the costs of administering this section. (c) On the first day of each calendar quarter, a board shall transmit 90 percent of the fees collected under paragraph (a) of this subsection during the preceding calendar quarter to the Oregon Health Authority Fund established in ORS 413.101. Moneys deposited in the fund under this paragraph may be used only for the purpose of carrying out ORS 431A.855 to 431A.900. (4) A board may adopt rules necessary for the administration of this section. [Formerly 431.972; 2017 c.683 16; 2021 c.191 7; 2021 c.512 1]
(1) The Prescription Monitoring Program Advisory Commission is created for the purposes of: (a) Studying issues related to the prescription monitoring program established under ORS 431A.855; (b) Reviewing the programs annual report and making recommendations to the Oregon Health Authority regarding the operation of the program; and (c) Developing criteria used to evaluate program data. (2) The commission shall consist of 11 members appointed by the authority as follows: (a) A person nominated by the Pain Management Commission; (b) A person who dispenses controlled substances nominated by an association representing pharmacists; (c) A practicing dentist nominated by an association representing dentists; (d) A practicing doctor of medicine nominated by an association representing doctors of medicine; (e) A practicing doctor of osteopathic medicine nominated by an association representing osteopathic physicians and surgeons; (f) A nurse authorized to prescribe controlled substances nominated by an association representing nurses; (g) A practicing naturopathic physician nominated by an association representing naturopathic physicians; (h) A practicing optometrist, nominated by an association representing optometrists; (i) A representative of the authority with expertise in administering addiction services; and (j) Two members of the public, one of whom must be an expert in information technology. [Formerly 431.976; 2017 c.409 13]
(1) The term of office of each member of the Prescription Monitoring Program Advisory Commission is four years, but a member serves at the pleasure of the Oregon Health Authority. Before the expiration of the term of a member, the authority shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the authority shall make an appointment to become immediately effective. (2) The commission shall elect one of its members to serve as chairperson. (3) The commission shall meet at least once annually at a time and place specified by the chairperson of the commission. The commission may meet at other times and places specified by the call of the chairperson or of a majority of the members of the commission. (4) The commission may adopt rules necessary for the operation of the commission. (5) A majority of the members of the commission constitutes a quorum for the transaction of business. (6) Official action by the commission requires the approval of a majority of the members of the commission. (7) The authority shall provide staff support to the commission. (8) Members of the commission are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses incurred in performing functions of the commission shall be paid out of funds appropriated to the authority for that purpose. (9) All agencies of state government, as defined in ORS 174.111, are directed to assist the commission in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the commission consider necessary to perform their duties. [Formerly 431.978]
(1) The Prescription Monitoring Program Prescribing Practices Review Subcommittee is established as a subcommittee of the Prescription Monitoring Program Advisory Commission created under ORS 431A.890, for the purpose of advising the Oregon Health Authority and the commission on interpreting prescription information, understanding the clinical aspects of prescribing practices and evaluating prescribing practices. (2)(a) The authority shall appoint the number of members to the subcommittee that the authority determines is necessary to fulfill the functions of the subcommittee. (b) Members of the subcommittee must be practitioners who: (A) Hold a valid license issued in this state or a valid emeritus license issued in this state; (B) Are registered with the federal Drug Enforcement Administration to prescribe drugs classified in schedules II through IV; and (C) Have at least five years of experience prescribing drugs classified in schedules II through IV. (c) To the extent feasible, the authority shall appoint one member to the subcommittee for each type of practitioner in this state that prescribes drugs classified in schedules II through IV. [2017 c.683 20]
(1) Not less than once per year, the Oregon Health Authority, in consultation with the Prescription Monitoring Program Advisory Commission created under ORS 431A.890 and the Prescription Monitoring Program Prescribing Practices Review Subcommittee established under ORS 431A.896, shall develop, through the use of prescription monitoring information, criteria by which a practitioner may be required to receive education or training on the prescribing of opioids or opiates. (2) Criteria developed under subsection (1) of this section must include: (a) Prescribing a high volume of opioids or opiates classified in schedules II and III; (b) Prescribing an above-average amount of doses of opioids or opiates classified in schedules II and III to a high number of patients; and (c) Simultaneously prescribing opioids or opiates classified in schedules II and III with other drugs classified in schedules II and III. (3) In developing the criteria developed under subsection (1) of this section, the authority must take into consideration the total quantity and volume of opioids and opiates classified in schedules II and III prescribed by each practitioner. (4) The subcommittee may review, through the use of prescription monitoring information that does not identify a patient, a practitioners prescribing history for the three years immediately preceding the date of the review to determine whether a practitioner meets the criteria developed under subsection (1) of this section. (5) After performing the review described in subsection (4) of this section, the subcommittee may direct the authority to provide to a practitioner who meets the criteria developed under subsection (1) of this section educational information about prescribing opioids and opiates, as determined appropriate by the authority. (6)(a) For the purposes of evaluating prescriptions made by practitioners of opioids and opiates and other controlled substances, the subcommittee may direct the authority to compare the prescriptions described in this paragraph between similarly situated practitioners and to provide the comparative information to practitioners who meet criteria established by the subcommittee. (b) The subcommittee may adopt rules to carry out this subsection, including rules to establish criteria to determine to which practitioners to provide the information described in this subsection. (7) Prescription monitoring information used for purposes of this section and the data created through the use of prescription monitoring information pursuant to this section: (a) Are confidential and not subject to public disclosure under ORS 192.311 to 192.478; and (b) Are not admissible as evidence in a civil or criminal proceeding. [2017 c.683 19; 2019 c.583 20]
(1) In addition to any other penalty provided by law, the Attorney General may impose a civil penalty not to exceed $10,000 for each violation of ORS 431A.860, 431A.865 or 431A.870. Each improper release of information from the prescription monitoring program in violation of ORS 431A.865 is a separate violation. (2) Civil penalties under this section shall be imposed as provided in ORS 183.745. (3) The Department of Justice may adopt rules as required to carry out the provisions of this section. (4) Penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund. [Formerly 431.992]
As used in this chapter, unless the context requires otherwise: (1) "Alkaline hydrolysis" or "hydrolysis" means the technical process for reducing human remains by placing the remains in a dissolution chamber that uses heat, pressure, water and base chemical agents, in a licensed hydrolysis facility, to reduce human remains to bone fragments and essential elements. (2) "Amendment" means a change to an item that appears on a certified copy of a vital record after a certified copy has been issued. (3) "Authorized representative" means an agent designated in a written statement signed by the registrant or other qualified applicant, the signing of which was witnessed. (4) "Certified copy" means the document, in either paper or electronic format, issued by the State Registrar of the Center for Health Statistics and containing all or a part of the information contained on the original vital record, and which, when issued by the state registrar, has the full force and effect of the original vital record. (5) "Certified copy item" means any item of information that appears on a certified copy. (6) "Certifier" means a person required to attest to the accuracy of information submitted on a report. (7) "Correction" means a change to an item that is not included in a certified copy of a vital record, or a change to an item that is included in a certified copy provided that no certified copy has been issued. (8) "Court of competent jurisdiction" means a court within the United States with jurisdiction over a person subject to regulation under this chapter. (9) "Date of registration" means the month, day and year a vital record is incorporated into the official records of the Center for Health Statistics. (10) "Dead body" means a human body or such parts of such human body from the condition of which it reasonably may be concluded that death occurred. (11) "Electronic signature" means an electronic sound, symbol or process attached to or logically associated with a contract or other record that is executed or adopted by a person with the intent to attest to the accuracy of the facts in the record. (12) "Government agency" means a unit of federal, state, local or tribal government. (13) "Health research" means a systematic study to gain information and understanding about health, with the goal of finding ways to improve human health, that conforms to or is conducted in accordance with generally accepted scientific standards or principles and that is designed to develop or contribute to general scientific knowledge. (14) "Facts of live birth" means the name of the child, date of birth, place of birth, sex and parents name or parents names appearing on the record of live birth. (15) "Fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, that is not an induced termination of pregnancy. The death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of the voluntary muscles. (16) "Final disposition" means the burial, interment, cremation, reduction, removal from the state or other authorized disposition of a dead body or fetus, except that when removal from the state is conducted by the holder of a certificate of removal registration issued under ORS 692.270, the final disposition may not be considered complete until the report of death is filed. (17)(a) "Human remains" means a dead body. (b) "Human remains" does not include cremated or reduced human remains recovered after cremation or reduction. (18)(a) "Induced termination of pregnancy" means the purposeful interruption of an intrauterine pregnancy with the intention other than to produce a live-born infant and that does not result in a live birth. (b) "Induced termination of pregnancy" does not include management of prolonged retention of products of conception following fetal death. (19) "Institution" means any establishment, public or private, that provides inpatient or outpatient medical, surgical or diagnostic care or treatment or nursing, custodial or domiciliary care, or to which persons are committed by law. (20) "Interment" means the disposition of human remains by entombment or burial. (21) "Legal representative" means a licensed attorney representing the registrant or other qualified applicant. (22) "Live birth" means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, that, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. (23) "Medical certifier" means a physician, physician assistant or nurse practitioner licensed under the laws of this state or under the laws of Washington, Idaho or California who has treated a decedent within the 12 months preceding death. (24) "Natural organic reduction" means the contained, accelerated conversion of human remains to soil. (25) "Person acting as a funeral service practitioner" means: (a) A person other than a funeral service practitioner licensed under ORS 692.045, including but not limited to a relative, friend or other interested party, who performs the duties of a funeral service practitioner without payment; or (b) A funeral service practitioner who submits reports of death in another state if the funeral service practitioner is employed by a funeral establishment licensed in another state and registered with the State Mortuary and Cemetery Board under ORS 692.270. (26) "Person in charge of an institution" means the officer or employee who is responsible for administration of an institution. (27) "Personally identifiable information" means information that can be used to distinguish or trace an individuals identity or, when combined with other personal or identifying information, is linked or linkable to a specific individual. (28) "Physician" means a person authorized to practice medicine, chiropractic or naturopathic medicine under the laws of this state or under the laws of Washington, Idaho or California, a physician assistant licensed under ORS 677.505 to 677.525 or a nurse practitioner licensed under ORS 678.375 to 678.390. (29) "Record" means a report that has been registered by the state registrar. (30) "Record of foreign live birth" means a document registered by the state registrar for a person born in a foreign country who may or may not be a citizen of the United States and who was adopted under the laws of this state. (31) "Reduction" means an authorized process for reducing human remains. Authorized processes for reducing human remains include alkaline hydrolysis, natural organic reduction and any other alternative process authorized by the State Mortuary and Cemetery Board. (32) "Registration" means the process by which vital records and reports are accepted and incorporated into the official records of the Center for Health Statistics. (33) "Report" means a document, whether in paper or electronic format, containing information related to a vital event submitted by a person required to submit the information to the state registrar for the purpose of registering a vital event. (34) "State" includes a state or territory of the United States, the District of Columbia and New York City. (35) "System of vital statistics" means: (a) The collection, registration, preservation, amendment, certification and verification of, and the maintenance of the security and integrity of, vital records; (b) The collection of reports required by this chapter; and (c) Activities related to the activities described in paragraphs (a) and (b) of this subsection, including the tabulation, analysis, dissemination and publication of vital statistics and training in the use of health data. (36) "Verification" means confirmation of the information on a vital record based on the facts contained in a report. (37) "Vital record" means a report of a live birth, death, fetal death, marriage, declaration of domestic partnership, dissolution of marriage or domestic partnership and related data that have been accepted for registration and incorporated into the official records of the Center for Health Statistics. (38) "Vital statistics" means the aggregated data derived from records and reports of live birth, death, fetal death, induced termination of pregnancy, marriage, declaration of domestic partnership, dissolution of marriage, dissolution of domestic partnership and supporting documentation and related reports. [Subsections (1) and (2) enacted as 1973 c.829 15; 1983 c.709 1; 1997 c.783 1; 1999 c.254 4; 1999 c.724 7; 2001 c.900 154; 2007 c.99 16; 2009 c.595 604; 2013 c.366 1; 2014 c.45 50; 2017 c.409 14; 2021 c.296 30] Note: The amendments to 432.005 by section 30, chapter 296, Oregon Laws 2021, become operative July 1, 2022. See section 33, chapter 296, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the users convenience. As used in this chapter, unless the context requires otherwise: (1) "Amendment" means a change to an item that appears on a certified copy of a vital record after a certified copy has been issued. (2) "Authorized representative" means an agent designated in a written statement signed by the registrant or other qualified applicant, the signing of which was witnessed. (3) "Certified copy" means the document, in either paper or electronic format, issued by the State Registrar of the Center for Health Statistics and containing all or a part of the information contained on the original vital record, and which, when issued by the state registrar, has the full force and effect of the original vital record. (4) "Certified copy item" means any item of information that appears on a certified copy. (5) "Certifier" means a person required to attest to the accuracy of information submitted on a report. (6) "Correction" means a change to an item that is not included in a certified copy of a vital record, or a change to an item that is included in a certified copy provided that no certified copy has been issued. (7) "Court of competent jurisdiction" means a court within the United States with jurisdiction over a person subject to regulation under this chapter. (8) "Date of registration" means the month, day and year a vital record is incorporated into the official records of the Center for Health Statistics. (9) "Dead body" means a human body or such parts of such human body from the condition of which it reasonably may be concluded that death occurred. (10) "Electronic signature" means an electronic sound, symbol or process attached to or logically associated with a contract or other record that is executed or adopted by a person with the intent to attest to the accuracy of the facts in the record. (11) "Government agency" means a unit of federal, state, local or tribal government. (12) "Health research" means a systematic study to gain information and understanding about health, with the goal of finding ways to improve human health, that conforms to or is conducted in accordance with generally accepted scientific standards or principles and that is designed to develop or contribute to general scientific knowledge. (13) "Facts of live birth" means the name of the child, date of birth, place of birth, sex and parents name or parents names appearing on the record of live birth. (14) "Fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, that is not an induced termination of pregnancy. The death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of the voluntary muscles. (15) "Final disposition" means the burial, interment, cremation, removal from the state or other authorized disposition of a dead body or fetus, except that when removal from the state is conducted by the holder of a certificate of removal registration issued under ORS 692.270, the final disposition may not be considered complete until the report of death is filed. (16)(a) "Human remains" means a dead body. (b) "Human remains" does not include human ashes recovered after cremation. (17)(a) "Induced termination of pregnancy" means the purposeful interruption of an intrauterine pregnancy with the intention other than to produce a live-born infant and that does not result in a live birth. (b) "Induced termination of pregnancy" does not include management of prolonged retention of products of conception following fetal death. (18) "Institution" means any establishment, public or private, that provides inpatient or outpatient medical, surgical or diagnostic care or treatment or nursing, custodial or domiciliary care, or to which persons are committed by law. (19) "Interment" means the disposition of human remains by entombment or burial. (20) "Legal representative" means a licensed attorney representing the registrant or other qualified applicant. (21) "Live birth" means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, that, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. (22) "Medical certifier" means a physician, physician assistant or nurse practitioner licensed under the laws of this state or under the laws of Washington, Idaho or California who has treated a decedent within the 12 months preceding death. (23) "Person acting as a funeral service practitioner" means: (a) A person other than a funeral service practitioner licensed under ORS 692.045, including but not limited to a relative, friend or other interested party, who performs the duties of a funeral service practitioner without payment; or (b) A funeral service practitioner who submits reports of death in another state if the funeral service practitioner is employed by a funeral establishment licensed in another state and registered with the State Mortuary and Cemetery Board under ORS 692.270. (24) "Person in charge of an institution" means the officer or employee who is responsible for administration of an institution. (25) "Personally identifiable information" means information that can be used to distinguish or trace an individuals identity or, when combined with other personal or identifying information, is linked or linkable to a specific individual. (26) "Physician" means a person authorized to practice medicine, chiropractic or naturopathic medicine under the laws of this state or under the laws of Washington, Idaho or California, a physician assistant licensed under ORS 677.505 to 677.525 or a nurse practitioner licensed under ORS 678.375 to 678.390. (27) "Record" means a report that has been registered by the state registrar. (28) "Record of foreign live birth" means a document registered by the state registrar for a person born in a foreign country who may or may not be a citizen of the United States and who was adopted under the laws of this state. (29) "Registration" means the process by which vital records and reports are accepted and incorporated into the official records of the Center for Health Statistics. (30) "Report" means a document, whether in paper or electronic format, containing information related to a vital event submitted by a person required to submit the information to the state registrar for the purpose of registering a vital event. (31) "State" includes a state or territory of the United States, the District of Columbia and New York City. (32) "System of vital statistics" means: (a) The collection, registration, preservation, amendment, certification and verification of, and the maintenance of the security and integrity of, vital records; (b) The collection of reports required by this chapter; and (c) Activities related to the activities described in paragraphs (a) and (b) of this subsection, including the tabulation, analysis, dissemination and publication of vital statistics and training in the use of health data. (33) "Verification" means confirmation of the information on a vital record based on the facts contained in a report. (34) "Vital record" means a report of a live birth, death, fetal death, marriage, declaration of domestic partnership, dissolution of marriage or domestic partnership and related data that have been accepted for registration and incorporated into the official records of the Center for Health Statistics. (35) "Vital statistics" means the aggregated data derived from records and reports of live birth, death, fetal death, induced termination of pregnancy, marriage, declaration of domestic partnership, dissolution of marriage, dissolution of domestic partnership and supporting documentation and related reports.
(1) There is established in the Oregon Health Authority the Center for Health Statistics, which shall maintain, operate and advance the system of vital statistics throughout this state in cooperation with appropriate units of county government. The Center for Health Statistics shall be responsible for the proper administration of the system of vital statistics and for the preservation and security of its official records. (2) In order to promote and maintain nationwide uniformity in the system of vital statistics, the forms for reports and records required by this chapter and the rules adopted under this chapter must include, at a minimum, the items recommended by the federal agency responsible for national vital statistics. (3) Each report, record and other document required by this chapter shall be on a form or in a format prescribed by the State Registrar of the Center for Health Statistics. (4) All records shall contain the date of registration. (5) Information required in forms, reports or records authorized by this chapter may be submitted, verified, registered and stored by photographic, electronic or other means as prescribed by the state registrar. [Amended by 1983 c.709 2; 1993 c.324 2; 1997 c.783 2; 2009 c.595 605; 2013 c.366 2]
The State Registrar of the Center for Health Statistics, under the supervision of the Director of the Oregon Health Authority, shall adopt rules in accordance with ORS chapter 183 that are necessary to the installation and efficient performance of an adequate system of vital statistics. [Amended by 1961 c.191 4; 1983 c.709 3; 1997 c.783 3; 2009 c.595 606; 2013 c.366 3]
The Director of the Oregon Health Authority shall appoint the State Registrar of the Center for Health Statistics who shall qualify in accordance with standards of education and experience as the director shall determine. [Amended by 1973 c.829 34; 1983 c.709 26; 2009 c.595 607]
The State Registrar of the Center for Health Statistics, with the approval of the Director of the Oregon Health Authority, may appoint, when necessary, assistant state registrars who shall be assistants to the state registrar. [Amended by 1983 c.709 27; 2009 c.595 608]
(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)(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 to 192.478, 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. [Amended by 1975 c.605 22; 1983 c.709 4; 1997 c.783 4; 2009 c.595 609; 2013 c.366 4]
(1) The Legislative Assembly finds that: (a) The system of vital statistics supports civil registration and creates information that is used for public health, health research, national security, statistical and administrative purposes; (b) Civil registration of each vital event that occurs within this state is carried out primarily for the purpose of establishing legal documents provided by law; and (c) Due to increased requirements of civil registration in the context of national security and the use of live birth records as the primary document used to identify individuals, the State Registrar of the Center for Health Statistics must: (A) Take measures to prevent the fraudulent use of vital records for identity theft, terrorism or other purposes; (B) Maintain the security of personnel, physical environments, electronic systems and preservation methods; and (C) Perform data assurance and record matching activities to protect the confidentiality and security of vital records and prevent the fraudulent use of vital records. (2) For the purposes described in subsection (1) of this section, the state registrar shall: (a) Authenticate all users of the system of vital statistics and document that the users require access to the system of vital statistics for purposes related to the official roles and duties of the users; (b) Authorize authenticated users of the system of vital statistics to access specific components of the system of vital statistics that are necessary for the users to perform their official roles and duties; (c) Establish separate duties for staff who have roles that may be susceptible to fraud or misuse and routinely perform audits of staff work for the purpose of identifying fraud or misuse within the system of vital statistics; (d) Require that authenticated and authorized users maintain a specified level of training related to security and provide written acknowledgment of security procedures and penalties; (e) Validate data provided in reports submitted for registration through site visits or with sources independent from registration processes at a frequency specified by the state registrar by rule that maximizes the integrity of the data collected; (f) Protect personally identifiable information and maintain systems that provide for audits of use and include protocols for breach identification and notification; (g) If the decedent was born in this state or if the decedent was a resident of this state, receive a report from the United States Department of Defense or the United States Department of State of a death occurring outside the United States; (h) Match death records to live birth records; (i) Match death records received from the United States Department of Defense or the United States Department of State of a death occurring outside the United States to registered live birth records; (j) Work with law enforcement to provide evidence for active fraud investigations; (k) Provide secure workplace, storage and technology environments; (L) Maintain overt, covert and forensic security measures for certified copies, verifications and automated systems that are part of the system of vital statistics; (m) Comply with laws, rules and regulations associated with information technology systems and information related to the system of vital statistics; and (n) Comply with national standards that apply to the system of vital statistics and its components. [2013 c.366 6]
(1) The State Registrar of the Center for Health Statistics shall designate for each county a government employee or, to the extent allowed under state and federal law, an employee of a local public health authority as defined in ORS 431.003, to act as a county registrar. In consultation with the state registrar, each county registrar may designate one or more deputy county registrars. The county registrar shall be sufficiently positioned within the county and have sufficient contact with deputy county registrars to ensure compliance with this chapter and rules adopted under this chapter. (2) The county and deputy county registrars shall: (a) Comply with all instructions of the state registrar; (b) Check upon the compliance of others with the provisions of this chapter and with rules adopted under this chapter; and (c) Make an immediate report to the state registrar of any violation of this chapter or of a rule adopted under this chapter coming to their notice by observation, upon complaint of a person or otherwise. (3) The Oregon Health Authority, after taking into consideration county needs, shall adopt rules under which a county registrar may issue certified copies of records of live births or deaths that occur in the county within six months of the date of the live birth or death. [Amended by 1983 c.709 5; 1985 c.207 3; 1997 c.783 5; 2013 c.366 7; 2015 c.736 75]
[1961 c.191 2,3; 1983 c.709 31; 2005 c.342 1; 2009 c.595 610; renumbered 413.196 in 2013]
(1) A person having knowledge of the facts shall furnish all information the person may possess regarding a live birth, death, fetal death, induced termination of pregnancy, marriage, declaration of domestic partnership or dissolution of marriage or domestic partnership upon demand of the State Registrar of the Center for Health Statistics. (2) A person required to report information under this chapter or the rules adopted under this chapter shall provide the information to the state registrar within five calendar days of receiving the information. (3) Within five calendar days of receipt of autopsy results or other information that would provide pending or missing information or correct errors in a reported cause of death, the medical certifier or medical examiner required to report the death under ORS 432.133 shall submit an affidavit on the cause of death to amend the record. (4) A person or institution that in good faith provides information required by this chapter or by rules adopted under this chapter shall not be subject to an action for civil damages. (5) The state registrar may require alternative documentation from the provider of information relating to the occurrence of a vital event for the purpose of quality assurance. [1983 c.709 23; 1997 c.783 6; 2013 c.366 8]
(1) A person in charge of an institution shall keep a record of personal data concerning each person admitted or confined to the institution. The record shall include information as required for the reports of live birth, death, fetal death or induced termination of pregnancy required by this chapter. The record shall be made at the time of admission from information provided by the person being admitted or confined, but when it cannot be so obtained, the information shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record. (2) A licensed health care practitioner shall keep a record of personal data concerning each person under the practitioners care for a condition that results in a reportable vital event if a record for that event is not maintained by an institution as described in subsection (1) of this section. The record shall include information as required for the reports of live birth, death, fetal death or induced termination of pregnancy required by this chapter. The record shall include information provided by the person under the practitioners care. If the person being treated cannot provide the information, then the practitioner shall obtain the information from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record. (3) When a dead body or fetus is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the decedent, Social Security number, if issued, date of death, name and address of the person to whom the body or fetus is released and date of removal from the institution. If final disposition is made by the institution, the date, place and manner of disposition shall also be recorded. (4) A funeral service practitioner, embalmer, sexton or other person who removes from the place of death, transports or makes final disposition of a dead body or fetus, in addition to filing a report required by this chapter or rules adopted under this chapter, shall keep a record that identifies the body and that includes information pertaining to the receipt, removal, delivery and final disposition of the body as may be required by rules adopted by the State Registrar of the Center for Health Statistics. (5) Copies of records described in subsections (1) to (3) of this section shall be sent to the state registrar at least monthly. Records maintained under this section shall be retained for a period of not less than seven years and shall be made available for inspection by the state registrar or a representative of the state registrar upon demand. [Formerly 432.165]
[1985 c.397 2; 1993 c.18 108; 1997 c.783 9; 2009 c.595 611; 2013 c.366 39; renumbered 432.440 in 2013]
(1) A report of live birth for each live birth that occurs in this state shall be submitted to the Center for Health Statistics, or as otherwise directed by the State Registrar of the Center for Health Statistics, within five calendar days after the live birth and shall be registered if the report has been completed and filed in accordance with this section. (2) The physician, institution or other person providing prenatal care related to a live birth shall provide prenatal care information as required by the state registrar by rule to the institution where the delivery is expected to occur not less than 30 calendar days prior to the expected delivery date. (3) When a live birth occurs in an institution or en route to an institution, the person in charge of the institution or an authorized designee shall obtain all data required by the state registrar, prepare the report of live birth, certify either by signature or electronic signature that the child was born alive at the place and time and on the date stated and submit the report as described in subsection (1) of this section. (4) In obtaining the information required for the report of live birth, an institution shall use information gathering procedures provided or approved by the state registrar. Institutions may establish procedures to transfer, electronically or otherwise, information required for the report from other sources, provided that the procedures are reviewed and approved by the state registrar prior to the implementation of the procedures to ensure that the information being transferred is the same as the information being requested. (5)(a) When a live birth occurs outside an institution, the information for the report of live birth shall be submitted within five calendar days of the live birth in a format adopted by the state registrar by rule in the following order of priority: (A) By an institution where the birth mother and child are examined, if examination occurs within 24 hours of the live birth; (B) By a physician in attendance at the live birth; (C) By a direct entry midwife licensed under ORS 687.405 to 687.495 in attendance at the live birth; (D) By a person not described in subparagraphs (A) to (C) of this paragraph and not required by law to be licensed to practice midwifery who is registered with the Center for Health Statistics to submit reports of live birth and who was in attendance at the live birth; or (E) By the father, the birth mother, any other parent or, in the absence or inability of any parent, the person in charge of the premises where the live birth occurred. (b) The state registrar may establish by rule the manner of submitting the information for the report of live birth by a person described in paragraph (a)(D) of this subsection or a physician or licensed direct entry midwife who attends the birth of his or her own child, grandchild, niece or nephew. (6) When a report of live birth is submitted that does not include the minimum acceptable documentation required by this section or any rules adopted under this section, or when the state registrar has cause to question the validity or adequacy of the documentation, the state registrar, in the state registrars discretion, may refuse to register the live birth and shall enter an order to that effect stating the reasons for the action. The state registrar shall advise the applicant of the right to appeal under ORS 183.484. (7) When a live birth occurs on a moving conveyance: (a) Within the United States and the child is first removed from the conveyance in this state, the live birth shall be registered in this state and the place where it is first removed shall be considered the place of live birth. (b) While in international waters or airspace or in a foreign country or its airspace and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the report of live birth shall show the actual place of birth insofar as can be determined. (8) For purposes of making a report of live birth and live birth registration, the woman who gives live birth is the birth mother. If a court of competent jurisdiction determines that a woman other than the birth mother is the biological or genetic mother, the court may order the state registrar to amend the record of live birth. The record of live birth shall then be placed under seal. (9)(a) If the birth mother is married at the time of either conception or live birth, or within 300 days before the live birth, the name of the mothers spouse in a marriage shall be entered on the report of live birth as a parent of the child unless parentage has been determined otherwise by a court of competent jurisdiction. (b) If the birth mother is not married at the time of either conception or live birth, or within 300 days before the live birth, the name of the other parent shall not be entered on the report of live birth unless a voluntary acknowledgment of paternity form or other form prescribed under ORS 432.098 is: (A) Signed by the birth mother and the person to be named as the other parent; and (B) Filed with the state registrar. (c) If the birth mother is a partner in a domestic partnership registered by the state at the time of either conception or live birth, or between conception and live birth, the name of the birth mothers partner shall be entered on the report of live birth as a parent of the child, unless parentage has been determined otherwise by a court of competent jurisdiction. (d) In any case in which paternity or parentage of a child is determined by a court of competent jurisdiction, or by an administrative determination of paternity or parentage, the Center for Health Statistics shall enter the name of each parent on the new record of live birth. The Center for Health Statistics shall change the surname of the child if so ordered by the court or, in a proceeding under ORS 25.550, by the administrator as defined in ORS 25.010. (e) If a biological parent is not named on the report of live birth, information other than the identity of the biological parent may be entered on the report. (10) A parent of the child, or other informant as determined by the state registrar by rule, shall verify the accuracy of the personal data to be entered on a report of live birth in time to permit submission of the report within the five calendar days of the live birth. (11) A report of live birth submitted after five calendar days, but within one year after the date of live birth, shall be registered in the manner prescribed in this section. The record shall not be marked "Delayed." (12) The state registrar may require additional evidence in support of the facts of live birth. [Formerly 432.206; 2014 c.45 51; 2015 c.629 50; 2017 c.651 45]
[1985 c.549 10; 1997 c.783 10,10a; 1999 c.1084 46; 2013 c.366 40; renumbered 432.445 in 2013]
Any health care facility as defined in ORS 442.015 shall make available to the biological parents of any child born live or expected to be born in the health care facility, a voluntary acknowledgment of paternity form when the facility has reason to believe that the mother of the child is unmarried. The responsibility of the health care facility is limited to providing the form and submitting the form with the report of live birth to the State Registrar of the Center for Health Statistics. The biological parents are responsible for ensuring that the form is accurately completed. This form shall be as prescribed by ORS 432.098. [Formerly 432.285]
(1) The Director of the Oregon Health Authority shall adopt by rule a form of a voluntary acknowledgment of paternity that includes the minimum requirements specified by the United States Secretary of Health and Human Services. When the form is signed by both biological parents and witnessed by a third party, the form establishes parentage for all purposes when filed with the State Registrar of the Center for Health Statistics, provided there is no second parent already named in the report of live birth. Establishment of parentage under this section is subject to the provisions and the requirements in ORS 109.070. When there is no second parent named on the childs record of live birth, the filing of such voluntary acknowledgment of paternity form shall cause the state registrar to place the name of the parent who has signed the voluntary acknowledgment of paternity form on the record of live birth of the child or, if appropriate, establish a replacement for the record containing the name of the childs parent, as that parent is named in the voluntary acknowledgment of paternity form. When signed by both parents in the health care facility of the childs birth within five days after the birth, the voluntary acknowledgment of paternity form is not a sworn document. When thus signed, a staff member of the health care facility shall witness the signatures of the parents. In all other circumstances, the form is a sworn document. The filing of the voluntary acknowledgment of paternity form created by this section is subject to the payment of any fees that may apply. (2) The voluntary acknowledgment of paternity form must contain: (a) A statement of rights and responsibilities including any rights afforded to a minor parent; (b) A statement of the alternatives to and consequences of signing the acknowledgment; (c) Instructions on how to file the form with the state registrar and information about any fee required; (d) Lines for the Social Security numbers and addresses of the parents; and (e) A statement that the rights, responsibilities, alternatives and consequences listed on the acknowledgment were read to the parties prior to signing the acknowledgment. (3) Upon request, the state registrar shall provide a copy of any voluntary acknowledgment of paternity form to the state agency responsible for administration of the child support enforcement program created under Title IV-D of the Social Security Act. The duty imposed upon the state registrar by this section is limited to records of live birth executed and filed with the state registrar after October 1, 1995. [Formerly 432.287; 2017 c.651 46]
A determination of paternity or parentage by another state is entitled to full faith and credit. [Formerly 432.289; 2017 c.651 47]
(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]
(1) When a report of live birth of a person born in this state has not been registered within one year after the date of birth, a delayed report of live birth may be submitted in accordance with rules of the State Registrar of the Center for Health Statistics. No delayed report shall be registered until the evidentiary requirements as specified by rule have been met. (2) A certified copy issued as a result of a report of live birth submitted under this section shall indicate the delayed registration and show the date of the registration. The record of live birth shall contain a summary statement of the evidence submitted in support of the delayed registration. (3) All delayed reports of live birth shall be processed and registered at the Center for Health Statistics. (4) All certified copies of delayed registrations shall be issued by the state registrar. (5) A delayed report of live birth may not be registered for a deceased person. (6)(a) When an applicant does not submit the minimum documentation required by rule of the state registrar for delayed registration or when the state registrar has cause to question the validity or adequacy of the applicants sworn statement or the documentary evidence, and if the deficiencies are not corrected, the state registrar, in the state registrars discretion, may refuse to register the delayed report of live birth and shall enter an order to that effect stating the reasons for the action. The state registrar shall advise the applicant of the right to appeal under ORS 183.484. (b) The state registrar by rule may provide for the dismissal of an application that is not actively prosecuted. [Formerly 432.140]
[Amended by 1983 c.709 19; 1997 c.783 12; 2013 c.366 32; renumbered 432.295 in 2013]
(1) If the State Registrar of the Center for Health Statistics refuses to register a report of live birth or a delayed report of live birth under the provisions of ORS 432.088 or 432.113, the applicant may file a signed and sworn petition with a court of competent jurisdiction seeking an order establishing a record of the date and place of live birth and the parentage of the person whose birth is to be registered. (2) The petition shall be made on a form prescribed and furnished or approved by the state registrar and shall allege: (a) That the person for whom a record of live birth or a delayed record of live birth is sought was born in this state and no record of live birth or delayed record of live birth of the person can be found in the records of the Center for Health Statistics; (b) That diligent efforts by the petitioner have failed to obtain the evidence required for submitting a report of live birth or a delayed report of live birth in accordance with ORS 432.088 or 432.113 and rules adopted under ORS 432.088 or 432.113; (c) That the state registrar has refused to register a report of live birth or a delayed report of live birth; and (d) Other allegations as may be required under ORS 183.484. (3) The petition must be served on the state registrar and accompanied by all documentary evidence that was submitted to the state registrar in support of the petition. (4) The court shall fix a time and place for hearing the petition and shall give the state registrar notice of the hearing. The state registrar or an authorized representative may appear and testify in the proceeding. (5) If the court finds, from the evidence presented, that the person for whom a record of live birth or a delayed record of live birth is sought was born in this state, it shall make findings as to the place and date of live birth, parentage and such other findings as may be required and shall issue an order, on a form prescribed and furnished or approved by the state registrar, to establish a court-ordered record of live birth or delayed record of live birth. This order shall include the live birth data to be registered, a description of the evidence presented and the date of the courts action. (6) The clerk of the court shall forward a certified copy of each order to the state registrar twice a month as adopted by the state registrar by rule. The order must be used to register a report of live birth or a delayed report of live birth for the person. The record of live birth or delayed record of live birth must include a statement that it was registered on the basis of a court order. [Formerly 432.142]
[1997 c.783 15 (enacted in lieu of 432.120); 1999 c.254 1; 1999 c.312 3; 2001 c.838 23; 2003 c.380 8; 2007 c.703 9; 2013 c.366 33; renumbered 432.350 in 2013]
[1999 c.254 7; 2013 c.366 34; renumbered 432.355 in 2013]
(1)(a) A report of death for each death that occurs in this state must be submitted to the county registrar of the county in which the death occurred or to the Center for Health Statistics, or as otherwise directed by the State Registrar of the Center for Health Statistics, within five calendar days after death or the finding of a dead body and before final disposition, and must be registered if it has been completed and submitted in accordance with this section. (b) If the place of death is unknown, but the dead body is found in this state, the report of death must be completed and submitted in accordance with this section. The place where the body is found must be noted as the place of death except, if in an emergency the decedent is moved by conveyance to another county and is dead on arrival, the death shall be considered to have occurred in the county from where the body was originally moved. (c) When death occurs in a moving conveyance within or outside the United States and the body is first removed from the conveyance in this state, the death must be registered in this state and the place where the body is first removed shall be deemed the place of death. The report of death may note the actual location of death insofar as it can be determined. (d) In all other cases, the place where death is pronounced shall be considered the place where death occurred. (e) If the date of death is unknown, the medical certifier shall determine the date by approximation. If the date cannot be determined by approximation, the date that the body was found shall be entered on the report of death. (2)(a) The funeral service practitioner or person acting as a funeral service practitioner who first assumes custody of the dead body shall submit the report of death to the county registrar of the county in which the death occurred or to the Center for Health Statistics. In cases where there is no funeral service practitioner or person acting as a funeral service practitioner, the medical examiner shall submit the report of death. (b) The funeral service practitioner or person acting as the funeral service practitioner shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification from the person responsible for the medical certification. (c) The funeral service practitioner or person acting as the funeral service practitioner shall provide sufficient information to identify the decedent to the medical certifier within 48 hours after death unless the medical certification has already been submitted. (3) A medical certification shall be completed within 48 hours after having access to the report of death by the decedents primary or attending medical certifier who was in charge of the care of the patient for the illness or condition that resulted in death, except when inquiry is required under ORS chapter 146. In the absence or inability of the medical certifier, or with the medical certifiers approval, the report of death may be completed by an associate of the medical certifier, the chief medical officer of the institution where death occurred or the physician who performed an autopsy upon the decedent, provided that the associate, chief medical officer or physician has access to the medical history of the case and death is due to natural causes. The person completing the cause of death shall attest to its accuracy either by signature or by electronic signature. (4) When inquiry is required under ORS chapter 146, the medical examiner in the jurisdiction where death occurred or the body was found shall determine the cause and manner of death and shall complete and sign the medical certification within 48 hours after taking charge of the case. If the cause or manner of death is unknown or pending investigation, the cause or manner of death shall be noted as such on the report of death. (5) When the death occurs in a hospital where more than 10 deaths occurred during the previous calendar year, the person in charge of the hospital shall require the medical certification to be reported through the state electronic reporting system and the report of death to include the electronic signature of the medical certifier. (6)(a) When a death occurs in a hospital described in subsection (5) of this section and the death is not under the jurisdiction of a medical examiner, the person in charge of the hospital or the designated representative of the person in charge of the hospital shall enter the following information on the report of death within 48 hours of death: (A) If the report of death does not exist in the state electronic reporting system, the name of the decedent, the date of the decedents birth, the date of the decedents death and the county in which the decedent died; and (B) The medical certification of death, accompanied by the signature or electronic signature of the person completing the cause of death as described in subsection (3) of this section. (b) The partially completed report of death prepared under this subsection shall be made available to the funeral service practitioner or person acting as a funeral service practitioner within 48 hours of death. (7) Upon receipt of autopsy results or other information that would change the information related to the cause or manner of death, a medical certifier or medical examiner shall submit an amendment to the record of death within five calendar days to the Center for Health Statistics. (8) When a death that is not the subject of a presumptive death proceeding in a court in this state or another state is presumed to have occurred in this state as the result of a known event in this state, but no remains of the presumed deceased can be located, a report of death may be prepared by the Chief Medical Examiner upon receiving an order from a court of competent jurisdiction that contains findings of fact necessary to complete the report of death. A report of death prepared under this subsection shall be marked or flagged "Presumptive" and must show on its face the date of death as determined by the court, the date of registration, the identity of the court and the date of the order. (9) When a death of a missing person domiciled in this state, and that is not the subject of a presumptive death proceeding in a court of this state or another state, has been determined by a court of competent jurisdiction to have presumptively occurred in another state, a report of death may be prepared by the Chief Medical Examiner upon receiving an order from the court that contains findings of fact necessary to complete the report of death. A report of death prepared under this subsection shall be marked or flagged "Presumptive" and must show on its face the date of death as determined by the court, the date of registration, the identity of the court and the date of the order. (10) When a death occurring in this state has not been registered as prescribed by this section, a report of death may be submitted to the state registrar as described in this section provided that the medical certifier or medical examiner and the funeral service practitioner or person acting as a funeral service practitioner are available to complete the report of death. If the report of death is submitted more than one year after the date of death or the date on which the body was found, the medical certifier or medical examiner and funeral service practitioner or person acting as a funeral service practitioner shall state in accompanying notarized statements that the information submitted is based on records kept in the files of the medical certifier or medical examiner and funeral service practitioner or person acting as a funeral service practitioner. If the medical certifier or medical examiner and funeral service practitioner or person acting as a funeral service practitioner are unavailable to complete the report of death, or decline to complete the report death, then the death shall not be registered except upon the receipt of an order from a court of competent jurisdiction. (11) A report of death required to be submitted under this section must contain the Social Security number of the decedent when the Social Security number is reasonably available from other records related to the decedent or can be obtained from the person in charge of the final disposition of the decedent. (12) For a decedent who was homeless at the time of death, including a decedent who was homeless but receiving care at a hospital or other institution, a report of death required to be submitted under this section must indicate that the decedents residence address was "Domicile Unknown." (13) If a decedents death was caused by suicide, the person who submits the report of death to the county registrar or to the Center for Health Statistics, or as otherwise directed by the state registrar, shall make reasonable efforts to ascertain whether the decedent was a veteran and, if the decedent was a veteran, whether the decedent served in combat and, if so, where the decedent served. Information acquired under this subsection must be reported to the Center for Health Statistics through the state electronic reporting system. [Formerly 432.307; 2017 c.151 25; 2021 c.417 1]
[Amended by 1983 c.709 9; renumbered 432.142]
(1)(a) A death may be registered by the Chief Medical Examiner as specified in ORS 432.133 (8) or (9) upon receipt of an order from a court of competent jurisdiction. (b) A court order that establishes a record of death shall include all of the following information: (A) The decedents full legal name; (B) The date of the decedents death as determined from evidence presented to the court; and (C) The city, county and place in which the decedent died as determined from evidence presented to the court. (c) A court order that establishes a record of death shall include, if available, all of the following information: (A) The decedents date of live birth, city and state or country of live birth, race, ethnicity, sex and Social Security number and the name or names of the decedents parent or parents, as the name or names appear on a birth record; (B) The decedents housing status and address, including street address, city, county, state and zip code at the time of death; (C) The decedents marital status at the time of death; (D) The name, as it appears on a birth record, of any surviving spouse; and (E) The information necessary to complete the medical certification, including the cause and manner of death and, if the death occurred because of an injury, information on how and when the injury occurred, or, if the cause and manner of death are not known, a statement that the cause and manner of death are not known. (2) On the basis of the information in the court order, the Chief Medical Examiner shall prepare a report of death. The State Registrar of the Center for Health Statistics shall use a report of death prepared under this subsection to register the death. (3) All records of death issued under this section shall show the date of the court order and the name of the court issuing the order. (4) If the death was registered pursuant to ORS 432.133 (8) or (9), the record of death shall be flagged as being "Presumptive." [2013 c.366 18; 2017 c.151 26; 2021 c.417 2]
[Amended by 1983 c.709 8; 1997 c.783 19; 2013 c.366 14; renumbered 432.113 in 2013]
(1) From resources available to the Oregon Health Authority, the authority shall compile statistics on the total number of opioid and opiate overdoses and the total number of opioid and opiate overdose related deaths occurring in this state. (2) Not less than once every three months, the authority shall report to the Governor and each local health department, as defined in ORS 431.003, the statistics compiled under subsection (1) of this section. (3) Not later than September 15 of each year, the authority shall report to the interim committees of the Legislative Assembly related to health care, in the manner provided by ORS 192.245, the statistics compiled under subsection (1) of this section. [2017 c.683 9] Note: 432.141 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 432 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
[Formerly 432.135; 1997 c.783 20; 2013 c.366 15; renumbered 432.118 in 2013]
(1)(a) A report of each fetal death of 350 grams or more or, if the weight is unknown, of 20 completed weeks gestation or more, calculated from the date the last normal menstrual period began to the date of the delivery, that occurs in this state shall be submitted within five calendar days after the delivery to the Center for Health Statistics or as otherwise directed by the State Registrar of the Center for Health Statistics. The state registrar shall register the report of fetal death if it has been completed and submitted in accordance with this section and any rules adopted by the state registrar under this section. (b) All induced terminations of pregnancy shall be reported in the manner prescribed in ORS 435.496 and shall not be reported as fetal deaths. (2) When fetal death occurs in an institution or en route to an institution, the person in charge of the institution or an authorized designee shall obtain all data required by the state registrar, prepare the report of fetal death, certify by electronic signature that the information reported is accurate and complete and submit the report as described in subsection (1) of this section. (3) In obtaining the information required for the report of fetal death, an institution shall use information gathering procedures provided or approved by the state registrar. Institutions may establish procedures to transfer, electronically or otherwise, information required for the report from other sources, provided that the procedures are reviewed and approved by the state registrar prior to the implementation of the procedures to ensure that the information being transferred is the same as the information being requested. (4) If fetal death occurs outside an institution, the physician in attendance at or immediately after the delivery of the fetus shall prepare and submit the report of fetal death within five calendar days of the delivery in a format adopted by the state registrar by rule. (5) If fetal death occurs outside an institution and without a physician in attendance at or immediately after the delivery of the fetus, or if inquiry is required by ORS chapter 146, the medical examiner in the jurisdiction where the fetal death occurred shall prepare and submit the report of fetal death within five calendar days of the delivery in a format adopted by the state registrar by rule. If the cause of fetal death is unknown or pending investigation, the cause shall be noted as such on the report of fetal death. (6) When fetal death occurs in a moving conveyance within or outside the United States and the fetus is first removed from the conveyance in this state, the fetal death must be registered in this state and the place where the fetus is first removed shall be deemed the place of fetal death. The report of fetal death may note the actual location of fetal death insofar as it can be determined. (7) When a fetus is found in this state and the place of delivery is unknown, the report of fetal death must indicate that the place where the fetus was found is the place of delivery. (8) When a record of fetal death is amended, a notation indicating the record was amended must be shown on all certified copies of the record. The date of the amendment and the certified copy item that was amended must also be shown on all certified copies of the record. [Formerly 432.333]
[1991 c.245 2; 1993 c.345 1; 1997 c.636 2; 2009 c.595 613; 2013 c.366 41; renumbered 432.435 in 2013]
(1) The State Registrar of the Center for Health Statistics shall establish a Commemorative Certificate of Stillbirth. The certificate shall be signed by the state registrar. (2) The state registrar shall issue a Commemorative Certificate of Stillbirth for a stillbirth occurring on or after January 1, 1999, upon: (a) Request of a biological parent of the stillborn fetus; and (b) Payment of the fee adopted by the state registrar by rule. (3) The state registrar shall adopt by rule: (a) A form for the certificate; (b) The type of information that may be included on the form; and (c) The fee required for issuance of the certificate. (4) A certificate issued under this section is for commemorative purposes only and has no legal effect. [Formerly 432.266]
The reports required under ORS 435.496 are statistical reports to be used only for medical and health purposes and shall not be incorporated into the permanent official records of the system of vital statistics. A schedule for the disposition of these reports may be provided by rule of the State Registrar of the Center for Health Statistics. [Formerly 432.337]
(1) Human remains shall be disposed of in accordance with ORS chapter 97. (2) The funeral service practitioner or person acting as a funeral service practitioner who first assumes possession of a dead body or fetus shall submit written notice to the county registrar in the county in which death occurred or in which the dead body or fetus was found within 24 hours of taking possession of the dead body or fetus. The notice must be on a form prescribed and furnished by the State Registrar of the Center for Health Statistics. (3) Before the final disposition of a dead body, the funeral service practitioner or person acting as a funeral service practitioner who first assumes custody of the dead body shall obtain written authorization, on a form prescribed and furnished by the state registrar, for final disposition of the dead body from the medical certifier or medical examiner who certifies the cause of death as described in ORS 432.133. If the funeral service practitioner or person acting as a funeral service practitioner is unable to obtain written authorization before the final disposition of the dead body, the funeral service practitioner or person acting as a funeral service practitioner may authorize, with the oral consent of the medical certifier or medical examiner who is responsible for certifying the cause of death, the final disposition of the dead body on a form prescribed and furnished by the state registrar. (4) Upon request of a parent or the parents authorized representative, a disposition permit may be issued for a fetus that is not reportable as a fetal death. (5) A permit authorizing final disposition issued under the law of another state that accompanies human remains brought into this state shall have the same force and effect as a permit authorizing final disposition issued by the state registrar. (6) A person in charge of a place where interment or other disposition of human remains is made may not inter or allow interment or other disposition of human remains unless the human remains are accompanied by a permit authorizing disposition. (7) A person in charge of a place where interment or other disposition of human remains is made shall indicate on the permit authorizing disposition the date of disposition and return the completed permit to the county registrar of the county where death occurred. If there is no such person, the funeral service practitioner or person acting as the funeral service practitioner shall complete the permit and return it to the county registrar of the county where death occurred. (8) Except as provided in ORS 97.223, disinterment of human remains requires authorization for disinterment and reinterment. The state registrar may issue authorization for disinterment and reinterment to a funeral service practitioner or person acting as a funeral service practitioner upon application, as required by the state registrar by rule. (9) Prior to removing a dead body or fetus from this state under ORS 692.270, a funeral service practitioner or a person acting as a funeral service practitioner shall submit a written notice of removal to the country registrar in the county in which death occurred or in which the dead body or fetus was found. The notice shall be on a form prescribed and furnished by the state registrar. A copy of a written notice of removal serves as a permit for transporting the remains of a decedent named on the notice. [Formerly 432.317; 2019 c.241 4]
Upon such conditions as the State Registrar of the Center for Health Statistics may prescribe to ensure compliance with the purposes of this chapter, by rule the state registrar may provide for the extension, not to exceed 60 days, of the periods prescribed in ORS 432.133, 432.143 and 432.158 for the submission of a report of death or fetal death and related documentation and for the obtaining of a permit for disposition of human remains in cases where compliance with the applicable prescribed period would result in undue hardship. [Formerly 432.327]
[Amended by 1983 c.709 22; 1985 c.207 4; 1997 c.783 21; 1999 c.80 70; 2005 c.471 4; 2013 c.366 9; renumbered 432.083 in 2013]
(1) A report of each marriage performed and domestic partnership registered by the state shall be submitted to the Center for Health Statistics. The State Registrar of the Center for Health Statistics shall register a marriage or domestic partnership if the report of marriage or domestic partnership has been completed and submitted in accordance with this section and any rules adopted by the state registrar. (2) The county clerk or county official who issues the marriage license or registers the Declaration of Domestic Partnership shall prepare the report of marriage or domestic partnership on a form prescribed and furnished by the state registrar, using information obtained from the parties to whom the marriage license or Declaration of Domestic Partnership is being issued. (3) A person who performs a marriage shall certify the fact of marriage and submit the certification to the county clerk or county official who issued the license within five calendar days of the marriage ceremony. (4) A county clerk or county official who issues marriage licenses or registers declarations of domestic partnership shall complete and submit the report of marriage or domestic partnership to the Center for Health Statistics within 15 calendar days of receiving the completed marriage license or registering the Declaration of Domestic Partnership. The report of marriage or domestic partnership must include a copy of the marriage license or Declaration of Domestic Partnership. [Formerly 432.405]
The State Registrar of the Center for Health Statistics may register a marriage one year or more after the date of the marriage ceremony if: (1) The report of marriage is submitted by the county clerk or county official responsible for issuing marriage licenses; and (2) The report of marriage indicates that the registration is delayed and identifies the date of registration. [2013 c.366 24]
[1997 c.783 17; 2013 c.366 36; renumbered 432.380 in 2013]
(1) A report of each dissolution of marriage or dissolution of domestic partnership by a court of competent jurisdiction in this state shall be submitted by the clerk of the court to the Center for Health Statistics. The State Registrar of the Center for Health Statistics shall register the dissolution of marriage or dissolution of domestic partnership if the report of dissolution of marriage or dissolution of domestic partnership is completed and submitted in accordance with this section and any rules adopted by the state registrar. A report of dissolution of marriage or dissolution of domestic partnership shall be prepared by the petitioner for dissolution or the petitioners legal representative on a form prescribed by the state registrar and submitted to the clerk of the court with the petition for dissolution. (2) The state registrar shall design the report of dissolution of marriage or dissolution of domestic partnership in a manner that allows, for judgments or orders issued in proceedings initiated under ORS 107.085 or 107.485, the state registrar, county clerks, county recording officers and courts to keep Social Security numbers confidential and exempt from public inspection. In all cases, the report of dissolution of marriage or dissolution of domestic partnership shall be completed and submitted to the clerk of the court prior to the issuance of the courts final order. (3) Twice a month, as adopted by the state registrar by rule, the clerk of the court shall complete and submit a report of dissolution of marriage or dissolution of domestic partnership for each judgment or final order of dissolution of marriage or dissolution of domestic partnership entered during the month. [Formerly 432.408]
[1997 c.783 23 (enacted in lieu of 432.205); 1999 c.254 2; 1999 c.840 1; 2001 c.455 24; 2013 c.366 10; renumbered 432.088 in 2013]
(1) For each judgment of adoption entered by a court of competent jurisdiction in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics. The report of adoption must: (a) Include facts that the state registrar deems necessary to locate and identify the report of live birth of the person adopted; (b) If the person was born in a foreign country, provide evidence from sources determined to be reliable by the court of the date and place of live birth; (c) Include information necessary to establish a replacement report of live birth of the person adopted; (d) Identify the final order of the judgment of adoption; and (e) Be certified or authenticated by the clerk of the court as provided by the state registrar by rule. (2) Information necessary to prepare a report of adoption must be furnished by the petitioner for adoption or by the petitioners legal representative. The Department of Human Services or any other person having knowledge of the facts shall supply the court with additional information that is necessary to complete the report of adoption. A court must receive the information required by this subsection before issuing a judgment of adoption. (3) Whenever a judgment of adoption is amended or annulled, the clerk of the court shall prepare a report of the amendment or annulment that includes the facts necessary to identify the original report of adoption and the facts amended in the judgment of adoption that are necessary to amend a report of live birth. (4) Twice a month as adopted by the state registrar by rule, the clerk of the court shall submit to the Center for Health Statistics reports of adoption or reports prepared under subsection (3) of this section. (5) When the state registrar receives a report under subsection (4) of this section for a person born in another state, the state registrar shall forward the report to the state registrar in the state of live birth. (6) If a live birth occurred in a foreign country and the child is not a citizen of the United States at the time of live birth, the state registrar shall prepare a record of foreign live birth as provided in ORS 432.245. If the live birth occurred in a neighboring country, the state registrar shall also send a copy of the report of adoption or any report prepared under subsection (4) of this section to the appropriate authority. (7) If a live birth occurred in a foreign country and through parentage the child is a citizen of the United States, the state registrar shall notify the parents adopting the child of the procedures for obtaining a revised live birth record for their child through the United States Department of State. The state registrar shall not prepare a record of foreign live birth for a live birth described in this subsection. [Formerly 432.415]
(1) Upon receipt of a written application to the State Registrar of the Center for Health Statistics, an adopted person 21 years of age and older born in this state shall be issued a certified copy of the persons unaltered, original and unamended record of live birth in the custody of the state registrar, with procedures, filing fees, and waiting periods as prescribed by the state registrar by rule. (2) A birth parent may at any time request from the state registrar or from a voluntary adoption registry a Contact Preference Form that shall accompany a certified copy issued under subsection (1) of this section. The Contact Preference Form shall provide the following information to be completed at the option of the birth parent: ______________________________________________________________________________ (a) I would like to be contacted; (b) I would prefer to be contacted only through an intermediary; or (c) I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will register with the voluntary adoption registry. I have completed an updated medical history and have filed it with the voluntary adoption registry. Attached is a certificate from the voluntary adoption registry verifying receipt of the updated medical history. ______________________________________________________________________________ (3) A certificate from a voluntary adoption registry verifying receipt of an updated medical history under subsection (2) of this section shall be in a form prescribed by the Oregon Health Authority and shall be supplied upon request of the birth parent by the voluntary adoption registry. (4) When the state registrar receives a completed Contact Preference Form from a birth parent, the state registrar shall match the Contact Preference Form with the adopted persons record of live birth. The Contact Preference Form shall be made a part of the adopted persons record of live birth when a match is made. (5) A completed Contact Preference Form shall be confidential and shall be placed in a secure file until a match with the adopted persons record of live birth is made and the Contact Preference Form is placed in the adopted persons record. (6) Only those persons who are authorized to process applications made under subsection (1) of this section may process Contact Preference Forms. [Formerly 432.240]
[1983 c.709 11a; 1997 c.783 24; 2003 c.576 454; 2013 c.366 30; renumbered 432.245 in 2013]
(1) A vital record registered under this chapter must be amended or corrected in accordance with this section or rules adopted by the State Registrar of the Center for Health Statistics for the purpose of protecting the integrity and accuracy of vital records. (2)(a) A vital record that is amended or corrected under this section shall indicate that it has been amended or corrected, except as otherwise provided in this section or by rule of the state registrar. (b) The state registrar shall keep and maintain: (A) Documentation that identifies the evidence upon which an amendment or correction is based; (B) The date of the amendment or correction; and (C) The identity of the individual authorized by the Center for Health Statistics that made the amendment or correction. (3)(a) Upon the request of an applicant who is 18 years of age or older or an emancipated minor, or if the applicant is not 18 years of age or older or an emancipated minor, upon the request of an applicants parent, legal guardian or legal representative, the state registrar shall amend a record of live birth that occurred in this state to change the name of the applicant if: (A) The state registrar receives a certified copy of an order from a court of competent jurisdiction changing the name of the applicant; or (B) The state registrar receives a request, on a form prescribed by the state registrar, from the applicant to change the name that includes: (i) Documentation sufficient, as prescribed by the state registrar by rule, to allow the state registrar to confirm the identity of the applicant and identify the correct record of live birth to be amended; and (ii) A statement signed by the applicant in which the applicant attests, as prescribed by the state registrar by rule, to making the request for the purpose of affirming the applicants gender identity. (b) Upon request, the state registrar shall amend a record of live birth that occurred in this state to change the sex of an applicant if the applicant is 18 years of age or older or an emancipated minor, or if the applicant is not 18 years of age or older or an emancipated minor, the applicants parent, legal guardian or legal representative makes the request, and if: (A) The state registrar receives a certified copy of an order from a court of competent jurisdiction changing the sex of the applicant; or (B) The state registrar receives a request, on a form prescribed by the state registrar, from the applicant to change the sex that includes: (i) Documentation sufficient, as prescribed by the state registrar by rule, to allow the state registrar to confirm the identity of the applicant and identify the correct record of live birth to be amended; (ii) A statement signed by the applicant in which the applicant attests, as prescribed by the state registrar by rule, to making the request for the purpose of affirming the applicants gender identity; and (iii) Any other documentation as required by the state registrar by rule. (4)(a) When an applicant to amend a vital record does not submit the minimum documentation required to make an amendment, or when the state registrar has cause to question the validity or adequacy of an application to amend a vital record, the state registrar, in the state registrars discretion, may refuse to amend the vital record. If the state registrar refuses to amend a vital record under this subsection, the state registrar shall: (A) Enter an order denying the amendment and stating the reasons for the denial; and (B) Advise the applicant of the applicants right to appeal the order under ORS 183.484. (b) The state registrar may not amend a record of live birth to change the name of an applicant under subsection (3)(a)(B) or the sex of an applicant under subsection (3)(b)(B) of this section more than once. (5) When an amendment is made to a record of marriage or a record of domestic partnership by the county clerk or other county official who issues marriage licenses and registers domestic partnerships, or when an amendment changes the name, date of birth or birthplace of a party to a judgment or final order of a dissolution of marriage or dissolution of domestic partnership by a court of competent jurisdiction, copies of the amendment must be forwarded to the state registrar and the state registrar shall amend the related record. (6) If a judgment or final order of dissolution of marriage or dissolution of domestic partnership is set aside by a court of competent jurisdiction, a copy of the notice setting aside the judgment or order must be forwarded to the state registrar and the state registrar shall void the related record. [Formerly 432.290; 1997 c.783 25; 2003 c.576 455; 2007 c.99 17; 2007 c.703 13; 2013 c.366 29; 2017 c.100 1]
[1999 c.2; 1999 c.604 1; 2009 c.595 614; 2013 c.366 28; renumbered 432.228 in 2013]
(1) For a person born in this state, the State Registrar of the Center for Health Statistics shall amend a record of live birth and establish a replacement for the record of live birth if the state registrar receives one of the following: (a) A report of adoption as provided in ORS 432.223 or a certified copy of the judgment of adoption from a court of competent jurisdiction, with the information necessary to identify the original record of live birth and to establish a replacement for the record of live birth, unless the court ordering the adoption requests that a replacement for the record of live birth not be established; (b) A request that a replacement for the record of live birth be prepared to establish parentage, as prescribed by the state registrar by rule, or as ordered by a court of competent jurisdiction that has determined the parentage or biological paternity of a person; (c) A written and notarized request that a replacement for the record of live birth be prepared to establish parentage, if the request includes an acknowledgment of paternity signed by both biological parents; (d) A certified copy of a judgment from a court of competent jurisdiction changing a persons sex and, if applicable, name; or (e) A request approved by the state registrar under ORS 432.235 (3)(b)(B). (2) To change a persons name under subsection (1) of this section, the request or court order must include both the name that appears on the record of live birth at the time of the request and the name to be designated on the replacement for the record of live birth. The designated name of the person must appear on the replacement for the record of live birth. (3) Upon receipt of a certified copy of a court order to change the name of a person born in this state as authorized by 18 U.S.C. 3521 et seq., the state registrar shall create a replacement for the record of live birth to show the new information as specified in the court order. (4) When a replacement for a record of live birth is prepared, the city, county and date of live birth must be included in the replacement for the record of live birth. The replacement for the record of live birth must be substituted for the original record of live birth. The original record of live birth and all evidence submitted with the request or court order for the replacement for the record of live birth must be placed under seal and is not subject to inspection, except upon the order of a court of competent jurisdiction in this state or as provided by rule of the state registrar. (5) Upon receipt of an amended judgment of adoption, the record of live birth shall be amended by the state registrar as provided by the state registrar by rule. (6) Upon receipt of a report of annulment of adoption or a court order annulling an adoption, the original record of live birth must be restored. The replacement for the record of live birth is not subject to inspection, except upon the order of a court of competent jurisdiction in this state or as provided by rule of the state registrar. (7) The state registrar shall prepare and register a record of foreign live birth for a person born in a foreign country who is not a citizen of the United States and for whom a judgment of adoption was issued by a court of competent jurisdiction in this state if the court, the parents adopting the child or the adopted person, if the adopted person is 18 years of age or older, requests the record. The record must be labeled "Record of Foreign Live Birth" and shall show the actual country of live birth. After registering the record of foreign live birth in the new name of the adopted person, the record must be placed under seal and is not subject to inspection, except upon the order of a court of competent jurisdiction or as provided by rule of the state registrar. (8) If there is no record of live birth for a person for whom a replacement for the record of live birth is sought under this section, and if the court order indicates a date of live birth more than one year from the date submitted to the Center for Health Statistics, the replacement for the record of live birth must be created as a delayed record of live birth. (9) A replacement for the record of live birth may not be created under this section if the date and place of live birth have not been indicated in the court order. [Formerly 432.230; 2017 c.100 2]
The documents forwarded to the State Registrar of the Center for Health Statistics or sealed under ORS 432.245 may be opened by the state registrar only upon receiving an order from a court of competent jurisdiction or when requested by an agency operating a voluntary adoption registry established under ORS 109.450 for the purpose of facilitating the identification of persons registering under the provisions of ORS 109.425 to 109.507. [Formerly 432.420; 2015 c.200 17]
[2005 c.769 1; renumbered 432.148 in 2013]
[1995 c.514 3; 1997 c.783 26; 2013 c.366 11; renumbered 432.093 in 2013]
[1995 c.514 4; 1997 c.783 27; 1999 c.80 21; 2009 c.595 615; 2013 c.366 12; renumbered 432.098 in 2013]
[1995 c.514 4a; renumbered 432.103 in 2013]
[1981 c.221 3; 1983 c.709 18; 1995 c.514 6; renumbered 432.235 in 1995]
(1) In consultation with the State Archivist, the State Registrar of the Center for Health Statistics shall develop and implement a preservation management program to preserve vital record documents and information and meet generally accepted standards for permanent preservation. (2) The state registrar shall prepare typewritten, photographic, electronic or other reproductions of vital records or reports kept and maintained in the Center for Health Statistics. These reproductions, when verified and approved by the state registrar, shall be accepted as the original vital record documents. The original vital record documents from which permanent reproductions have been made may be disposed of as described in ORS 192.105 or as provided by rule of the state registrar. (3) The state registrar shall provide for the continued availability and integrity of vital event information. To ensure such availability and integrity, the state registrar may keep and maintain redundant copies of information in multiple locations and formats, such as microfilm, microfiche, imaging and electronic databases. (4) The preservation management program must provide for the continued availability of historic vital record documents and information for research and related purposes. Vital records are historic 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. Supporting documents, including corrections and acknowledgments of paternity, may be included with historic vital records. Records under seal are not historic unless unsealed by court order. (5) Historic vital records shall be transferred to the State Archives 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 the release of information contained in records of birth, death, marriage, domestic partnership and dissolution of marriage or domestic partnership, and reports of fetal death, comply with federal and state laws, regulations and rules. [Formerly 432.115]
[1963 c.200 2; 1965 c.221 26; 1977 c.582 33; 1983 c.709 12; 1985 c.207 5; 1997 c.783 29; 1999 c.80 71; 1999 c.724 1; 2001 c.357 2; 2003 c.104 3; 2011 c.407 1; 2013 c.366 16; renumbered 432.133 in 2013]
[1993 c.345 3; 1997 c.783 30; 2005 c.726 3; 2009 c.132 1; 2009 c.595 616; 2009 c.709 16; 2013 c.366 42; renumbered 413.825 in 2013]
[1963 c.200 3; 1983 c.709 16; 1985 c.207 6; 1987 c.252 9; 1989 c.669 2; 1997 c.783 31; 1999 c.724 4; 2001 c.357 3; 2003 c.104 4; 2009 c.595 617; 2013 c.366 20; renumbered 432.158 in 2013]
[1963 c.200 4; 1983 c.709 36; 1997 c.783 32; 2013 c.366 21; renumbered 432.163 in 2013]
[1983 c.709 13; 1989 c.171 54; 1997 c.783 33; 2013 c.366 19; renumbered 432.143 in 2013]
[1983 c.709 15; 1997 c.783 34; renumbered 432.153 in 2013]
(1)(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 to 192.478. Except as provided in this section and ORS 432.380 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)(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 agencys 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)(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 to 192.478, 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 to 106.340 or 107.085 or 107.485, the Social Security numbers of the parties are kept confidential and exempt from public disclosure under ORS 192.311 to 192.478. 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. (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]
Notwithstanding any other provision of law, a document recording a death filed in conjunction with owning or having a claim or interest in land that is in the custody of a county clerk or county recording officer is open and subject to full disclosure. A county clerk or county recording officer may not record a document that records a death filed in conjunction with owning or having a claim or interest in land if the document originated in this state and includes medical information related to the cause of death. [Formerly 432.124; 2014 c.60 1]
(1) Except as provided in subsection (2) of this section, notwithstanding any other provision of law, all marriage and domestic partnership records and all records of dissolution of marriage and dissolution of domestic partnership in the custody of a county clerk or county recording officer and all records of dissolution of marriage and dissolution of domestic partnership in the custody of the state courts are open and subject to full disclosure. (2) Records of dissolution of marriage and dissolution of domestic partnership in the custody of the state courts shall be completed and maintained in accordance with procedures established under ORS 107.840 to ensure that the Social Security numbers of parties to proceedings under ORS 107.085 and 107.485 are kept confidential and exempt from public inspection. [Formerly 432.412]
(1)(a) A certified copy of a record of live birth or any part of a record of live birth that is issued under this section shall be considered the same as the original record of live birth and is prima facie evidence of the facts stated on the certified copy. However, the evidentiary value of a certified copy of a record of live birth submitted more than one year after the birth, an amended record of live birth or a record of foreign live birth must be determined by the judicial or administrative body or official before whom the certified copy is offered as evidence. (b) A certified copy of a record of death, fetal death, marriage, domestic partnership, dissolution of marriage or dissolution of domestic partnership or any part of such records that is issued under this section shall be considered the same as the original record of death, fetal death, marriage, domestic partnership, dissolution of marriage or dissolution of domestic partnership and is prima facie evidence of the facts stated on the certified copy. (2)(a) The State Registrar of the Center for Health Statistics shall require an applicant for a certified copy to submit a signed application, documentation of identity and evidence of eligibility. (b)(A) Upon receipt of an application, the state registrar shall review the documentation of identity provided by the applicant. The documentation must be acceptable to the state registrar and, at a minimum, include: (i) Government issued identification that includes a photograph; (ii) At least three forms of identification; or (iii) Identification submitted through an electronic process adopted by the state registrar by rule. (B) Forms of identification that may be submitted under subparagraph (A)(ii) of this paragraph include, but are not limited to, letters from government or social agencies, payroll statements, utility bills, student identification with a photograph or other items acceptable to the state registrar. (c)(A) Upon receipt of an application, the state registrar shall review the evidence of eligibility provided by the applicant. Evidence of eligibility submitted under this subsection may consist of copies of vital records establishing eligibility, court documents establishing eligibility or alternate methods identified and accepted by the state registrar. Evidence of eligibility must demonstrate that the applicant is qualified to receive a certified copy. (B) To be qualified, an applicant must be: (i) Eighteen years of age or older or an emancipated minor or, if the applicant is requesting to receive a certified copy of the applicants own record of live birth, 15 years of age or older; (ii) If the applicant is requesting a certified copy of a record of live birth, the registrant, the registrants spouse, domestic partner who is registered by the state, parent, child, sibling, grandparent, grandchild, legal guardian or legal representative, an authorized representative or a government agency acting in the conduct of its official duties; (iii) If the applicant is requesting a certified copy of a record of death, the decedents spouse, domestic partner who is registered by the state, child, parent, sibling, grandparent, grandchild, next of kin, legal guardian immediately before death or legal representative, an authorized representative, a person in charge of disposition, a government agency acting in the conduct of its official duties, an employee or agent of a funeral home or person acting as a funeral service practitioner who is named in the record of death or a person that demonstrates to the satisfaction of the state registrar that the certified copy is necessary for a determination related to or the protection of a personal or property right of the applicant; (iv) If the applicant is requesting a certified copy of a record of fetal death, the parent, legal guardian, legal representative of a parent, sibling, grandparent, an authorized representative, a person in charge of disposition, a government agency acting in the conduct of its official duties or an employee or agent of a funeral home or person acting as a funeral service practitioner who is named in the record of fetal death; and (v) If the applicant is requesting a certified copy of a record of marriage, domestic partnership, dissolution of marriage or dissolution of domestic partnership, the registrant, the registrants spouse, domestic partner who is registered by the state, child, parent, sibling, grandparent, grandchild, legal guardian or legal representative, an authorized representative or a government agency acting in the conduct of its official duties. (d) The state registrar may verify documentation of identity and evidence of eligibility with any agency that issued that documentation or evidence in reviewing an application. (3) Notwithstanding subsection (2) of this section, 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 state registrar may issue a certified copy of a record to a person who submits an application on a form and in a manner prescribed by the state registrar by rule. An application submitted under this subsection must contain proof of identity. (4) The state registrar shall, upon receipt and approval of an application under this section, issue a certified copy of a vital record in the form of a physical image or abstract to the applicant. (5) The state registrar shall require all certified copies of vital records registered in the state to be issued from a central database. (6)(a) The state registrar may issue certified copies directly to a government agency or other institution as described in this subsection. (b) Upon receipt of an application under subsection (2) of this section, the state registrar may issue, upon request by the qualified applicant, a certified copy in electronic form to a government agency or other institution approved by the state registrar. (c) The state registrar may authorize a government agency or other institution to receive certified copies under this subsection in electronic form through an automated system approved by the state registrar. (d) The state registrar, in approving the issuance of a certified copy to a government agency or other institution, shall consider the proposed use for the certified copy, the frequency of need for the certified copy, the security afforded by the government agency or institution and other criteria as determined by the state registrar by rule. (e) Certified copies issued under this subsection may be used by a government agency only for purposes related to the official duties of the government agency. (7) The state registrar shall establish minimum information to be included in a certified copy. A certified copy may not be issued without the minimum information, except that a record of live birth without a first name for the registrant may be issued to government agencies for adoption or custody purposes. (8) A certified copy of a death record containing the cause and manner of death may not be issued except as follows: (a) Upon specific request by a person qualified to receive a certified copy of a record of death under subsection (2)(c)(B)(iii) of this section; (b) When a documented need for the cause or manner of death to establish a legal right or claim has been demonstrated; or (c) Upon receiving an order from a court of competent jurisdiction that requires the issuance of a certified copy of a death record containing the cause and manner of death. (9) Each certified copy issued for a record registered after January 1, 2008, must indicate the date of registration. If the record was amended, the certified copy must be marked or flagged as having been amended and must indicate the effective date of the amendment. If the record is marked or flagged "Delayed," the certified copy must be marked or flagged as having been delayed and must include the date of registration and a description of the evidence used to establish the record. If the record is a record of foreign live birth, the certified copy must indicate that fact and show the actual place of birth. A certified copy for a record of live birth that has been matched to a record of death must be marked or flagged "Deceased." (10) Information identified in the United States Standard Certificates of Live Birth and Death and the Report of Fetal Death, or as identified by the state registrar by rule, as only being available for medical or health purposes is not subject to subpoena or court order and is not admissible before a court, tribunal or other judicial body. Information identified in the United States Standard Certificates of Live Birth and Death and the Report of Fetal Death, or as identified by the state registrar by rule, as having an administrative, statistical, medical or health purpose may not be included in a certified copy of a vital record. (11) After acceptance of an application by a qualified applicant, if a record is not identified for the requested certified copy, the state registrar shall issue a document indicating that a record for the requested certified copy has not been identified. The document also must include the criteria used in attempting to identify the record, including the type of vital event, the name of the registrant, the date or range of dates for the vital event and other criteria used. (12) Verification of facts contained in a certified copy may be furnished by the state registrar to a government agency in the conduct of its official duties. The request for verification must: (a) Include a copy of the certified copy and be in a format prescribed or approved by the state registrar; or (b) If the requester attests to having the certified copy and can provide verification, as determined by the state registrar by rule, of having the certified copy, be submitted electronically through an automated system approved by the state registrar. (13) The state registrar shall provide or approve forms and procedures for the issuance of certified copies of vital records in this state. All forms and procedures must be uniform and be in accordance with ORS 432.033. (14) The state registrar shall maintain a searchable file, either physical or electronic, of each application submitted under this section for a minimum of three years. (15) A person may not prepare or issue any paper or electronic document that purports to be an original vital record, a certified copy for verification of a vital record or a copy of a vital record except as authorized in this chapter. (16) All applications and supporting documentation submitted for the purpose of issuing certified copies of vital records are confidential and not subject to public disclosure under ORS 192.311 to 192.478. [Formerly 432.180; 2019 c.259 1]
(1)(a) When the State Registrar of the Center for Health Statistics receives information that a record may have been registered, amended or corrected through fraud or misrepresentation, the state registrar may withhold issuance of certified copies related to that record pending an inquiry by appropriate authorities to determine whether fraud or misrepresentation has occurred. (b) If the appropriate authorities conclude that no fraud or misrepresentation occurred, then the state registrar shall issue certified copies related to the record. If the appropriate authorities conclude that there is reasonable cause to suspect fraud or misrepresentation, then the state registrar shall provide copies of the record and any relevant evidence to the appropriate authorities for further investigation. (c) If upon further investigation, the appropriate authorities conclude that fraud or misrepresentation occurred, the state registrar shall provide an opportunity to the registrant or the legal representative of the registrant to respond to the findings prior to voiding the record. (d) If the state registrar issues an order voiding a record under this subsection, the state registrar shall advise the registrant of the registrants rights under ORS 183.484. (e) A record voided under this subsection shall be retained by the state registrar. However, a record voided under this subsection is not subject to inspection or copying except upon receiving an order from a court of competent jurisdiction or by the state registrar for purposes of administering the system of vital statistics. (2)(a) When the state registrar receives information that an application for a certified copy may have been submitted for purposes of fraud or misrepresentation, the state registrar may withhold issuance of the certified copy pending an inquiry by appropriate authorities to determine whether fraud or misrepresentation occurred. (b) If the appropriate authorities conclude that no fraud or misrepresentation occurred, then the state registrar shall issue the certified copy. If the appropriate authorities conclude that there is reasonable cause to suspect fraud or misrepresentation, then the state registrar shall provide copies of the application and any relevant evidence to the appropriate authorities for further investigation. The state registrar shall advise the applicant of the applicants rights under ORS 183.484. (c) An application investigated under this subsection shall be retained by the state registrar. However, an application investigated under this subsection is not subject to inspection or copying except upon receiving an order from a court of competent jurisdiction or by the state registrar for purposes of administering the system of vital statistics. (3) The state registrar shall periodically test and audit the system of vital statistics for purposes of detecting fraud. If fraud is detected, the state registrar shall provide copies of the evidence to the appropriate authorities for further investigation. The result of such tests and audits shall be retained by the state registrar. However, the results of such tests and audits are not subject to inspection or copying except upon receiving an order from a court of competent jurisdiction or by the state registrar for purposes of administering the system of vital statistics. [2013 c.366 38]
[Amended by 1983 c.709 17; 1997 c.783 35; 2007 c.99 18; 2013 c.366 22; renumbered 432.173 in 2013]
[1997 c.783 37; 2003 c.380 9; 2003 c.576 456a; 2007 c.99 19; 2013 c.366 25; renumbered 432.183 in 2013]
[1999 c.254 6; 2003 c.380 10; 2013 c.366 35; renumbered 432.360 in 2013]
[Amended by 1959 c.430 2; 1983 c.709 10; 1997 c.783 38; 2003 c.576 457; 2013 c.366 26; renumbered 432.223 in 2013]
[Amended by 1957 c.193 1; 1983 c.672 18; 1995 c.79 221; 1995 c.730 11; 1997 c.783 39; 1999 c.254 3; 2013 c.366 31; renumbered 432.250 in 2013]
[Amended by 1983 c.709 7; 1997 c.783 40; 2013 c.366 13; renumbered 432.108 in 2013]
(1) Except as provided in ORS 432.445 and subsection (2) of this section, the Oregon Health Authority shall establish fees for the services provided under this chapter. (2) The State Registrar of the Center for Health Statistics shall search the system of vital statistics and issue certified copies or other documents, as appropriate, without charge if the search or issuance is: (a) Requested in connection with a pending application for benefits from the United States Department of Veterans Affairs, if proof of the application is first submitted; or (b) In response to an administrative error as determined by the state registrar. (3) Fees collected under this section must be deposited in the Oregon Health Authority Fund and are continuously appropriated to the Center for Health Statistics for the purpose of administering this chapter. [Formerly 432.146; 2017 c.540 4]
The Oregon Health Authority shall adopt, taking into consideration local service needs and interests, rules to allow a county registrar to sell, within six months of the date of the event occurring in the county, certified copies of records of live birth and death. [Formerly 432.085]
(1) The State Registrar of the Center for Health Statistics shall issue upon request and upon payment of a fee in an amount set by the state registrar a record of live birth representing that the birth of the person named on the record of live birth is recorded in the office of the state registrar. The record of live birth issued under this section shall be in a form consistent with the need to protect the integrity of vital records but shall be suitable for display. It may bear the seal of the state and may be signed by the Governor. (2) Of the funds received under subsection (1) of this section, the amount needed to reimburse the state registrar for expenses incurred in administering this section shall be credited to the Public Health Account. The remainder shall be credited to the subaccount created pursuant to section 36 (2), chapter 1084, Oregon Laws 1999, or a successor subaccount, account or fund. (3) In setting the fee amount under subsection (1) of this section, the state registrar shall give substantial consideration to the amount suggested by the holder of the subaccount created pursuant to section 36 (2), chapter 1084, Oregon Laws 1999, or a successor subaccount, account or fund. [Formerly 432.090]
(1) The Oregon Health Authority shall establish a grant program for the purpose of allowing an individual who is homeless to obtain a certified copy of the individuals record of live birth at a reduced rate or free of charge. (2) In administering the program, the authority: (a) Shall award grants to state, regional and local agencies and organizations listed in ORS 458.528 for the purpose specified in subsection (1) of this section; (b) Shall develop criteria for receiving a grant under this section and processes for applying for a grant under this section; (c) May require recipients of a grant to report to the authority on the use of grant funds; and (d) Shall adopt by rule a definition for the term "individual who is homeless" that gives the term the same meaning as provided in 42 U.S.C. 11302 for the terms "homeless," "homeless individual" and "homeless person." [2017 c.540 2]
(1) There is established in the State Treasury, separate and distinct from the General Fund, the Birth Certificates for Homeless Persons Fund. Interest earned by the Birth Certificates for Homeless Persons Fund shall be credited to the fund. All moneys in the Birth Certificates for Homeless Persons Fund are continuously appropriated to the Oregon Health Authority for purposes of ORS 432.450. (2) The Birth Certificates for Homeless Persons Fund shall consist of all moneys credited to the fund, including moneys appropriated or transferred to the fund by the Legislative Assembly. [2017 c.540 3]
As used in ORS 432.510 to 432.550 and 432.900: (1) "Clinical laboratory" means a facility where microbiological, serological, chemical, hematological, immunohematological, immunological, toxicological, cytogenetical, exfoliative cytological, histological, pathological or other examinations are performed on material derived from the human body, for the purpose of diagnosis, prevention of disease or treatment of patients by physicians, dentists and other persons who are authorized by license to diagnose or treat humans. (2) "Health care facility" means a hospital, as defined in ORS 442.015, an ambulatory surgical center, as defined in ORS 442.015, or any other facility in which patients are diagnosed or provided treatment for cancer or benign or borderline tumors of the brain and central nervous system. (3) "Practitioner" means any person whose professional license allows the person to diagnose or treat cancer in patients. [1995 c.585 1; 2001 c.104 154; 2003 c.14 243; 2003 c.269 1; 2009 c.595 618; 2009 c.792 35; 2011 c.720 191; 2017 c.101 35] Note: 432.500 to 432.570 and 432.900 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 432 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) The Oregon Health Authority shall establish a uniform, statewide, population-based registry system for the collection of information determining the incidence of cancer and benign or borderline tumors of the brain and central nervous system and related data. The purpose of the registry is to provide information to design, target, monitor, facilitate and evaluate efforts to determine the causes or sources of cancer and benign or borderline tumors among the residents of this state and to reduce the burden of cancer and benign or borderline tumors in this state. Such efforts may include but are not limited to: (a) Targeting populations in need of cancer screening services or evaluating screening or other cancer control services; (b) Supporting the operation of hospital registries in monitoring and upgrading the care and the end results of treatment for cancer and benign or borderline tumors; (c) Investigating suspected clusters or excesses of cancer and benign or borderline tumors both in occupational settings and in the states environment generally; (d) Conducting studies to identify cancer hazards to the public health and cancer hazard remedies; and (e) Projecting the benefits or costs of alternative policies regarding the prevention or treatment of cancer and benign or borderline tumors. (2) The authority shall adopt rules necessary to carry out the purposes of ORS 432.510 to 432.550 and 432.900, including but not limited to designating which types of cancer and benign or borderline tumors of the brain and central nervous system are reportable to the statewide registry, the data to be reported, the data reporting standards and format and the effective date after which reporting by health care facilities, clinical laboratories and practitioners shall be required. When adopting rules under this subsection, the authority shall, to the greatest extent practicable, conform the rules to the standards and procedures established by the American College of Surgeons Commission on Cancer, with the goal of achieving uniformity in the collection and reporting of data. (3) The authority shall: (a) Conduct a program of epidemiologic analyses of registry data collected under subsection (1) of this section to assess control, prevention, treatment and causation of cancer and benign or borderline tumors in this state; and (b) Utilize the data to promote, facilitate and evaluate programs designed to reduce the burden of cancer and benign or borderline tumors among the residents of Oregon. (4) The authority shall: (a) Collaborate in studies of cancer and benign or borderline tumors with clinicians and epidemiologists and publish reports on the results of such studies; and (b) Cooperate with the National Institutes of Health and the Centers for Disease Control and Prevention in providing incidence data for cancer and benign or borderline tumors. (5) The authority shall establish a training program for the personnel of participating health care facilities and a quality control program for data for cancer and benign or borderline tumors reported to the state registry. (6) The authority may contract with a public or private third party to: (a) Operate or maintain the statewide registry; and (b) Fulfill the authoritys duties under subsections (3) to (5) of this section. [1995 c.585 2; 2003 c.269 2; 2007 c.71 121; 2009 c.595 619; 2017 c.101 36; 2018 c.98 13; 2019 c.456 29] Note: See note under 432.500.
(1) Except as provided in subsection (2) of this section, any health care facility in which patients are diagnosed or provided treatment for cancer or benign or borderline tumors of the brain and central nervous system shall report each case of cancer or benign or borderline tumors of the brain and central nervous system to the Oregon Health Authority or its authorized representative within a time period and in a format prescribed by the authority. The authority may provide, at cost, reporting services to health care facilities. Health care facilities may also purchase reporting services from another facility or commercial vendor. If a health care facility is unable to report in conformance with the format and standards prescribed by the authority, the authority may, after consultation with the health care facility, elect to activate its reporting service for the facility. When activated, the authority may enter the facility, obtain the information and report it in conformance with the appropriate format and standards. In these instances, the facility shall reimburse the authority or its authorized representative for the cost of obtaining and reporting the information. (2) Upon application to the authority by a health care facility, the authority shall grant to the health care facility an extension of time in which to meet the reporting requirements of this section. In no event shall the extension of time exceed one year from the date of application. (3) Any licensed health care practitioner diagnosing or providing treatment to patients with cancer or benign or borderline tumors of the brain and central nervous system shall report each case to the authority or its authorized representative within a time period and in a format prescribed by the authority. Those cases diagnosed or treated at an Oregon health care facility or previously admitted to an Oregon health care facility for diagnosis or treatment of that instance of cancer or benign or borderline tumors of the brain and central nervous system shall be considered by the authority to have been reported by the licensed health care practitioner. (4) Any clinical laboratory diagnosing cases of cancer or benign or borderline tumors of the brain and central nervous system shall report each case to the authority or its authorized representative within a time period and in a format prescribed by the authority. (5) For the purpose of assuring the accuracy and completeness of reported data, the authority shall have the right to periodically review all records that would: (a) Identify cases of cancer and benign or borderline tumors, the treatment of the cancer or benign or borderline tumors or the medical status of any patient identified as being treated for cancer or benign or borderline tumors; or (b) Establish characteristics of the cancer or benign or borderline tumors. (6) The authority may conduct special studies of cancer morbidity and mortality. As part of such studies, registry personnel may obtain additional information that applies to a patients cancer or benign or borderline tumors and that may be in the medical record of the patient. The record holder may either provide the requested information to the registry personnel or provide the registry personnel access to the relevant portions of the patients medical record. Neither the authority nor the record holder shall bill the other for the cost of providing or obtaining this information. [1995 c.585 3; 2003 c.269 3; 2009 c.595 620; 2017 c.101 37; 2019 c.456 30] Note: See note under 432.500.
(1) All identifying information regarding individual patients, health care facilities and practitioners reported pursuant to ORS 432.520 shall be confidential and privileged. Except as required in connection with the administration or enforcement of public health laws or rules, no public health official, employee or agent shall be examined in an administrative or judicial proceeding as to the existence or contents of data collected under the registry system for cancer and benign or borderline tumors of the brain and central nervous system. (2) All additional information reported in connection with a special study shall be confidential and privileged and shall be used solely for the purposes of the study, as provided by ORS 413.196. Nothing in this section shall prevent the Oregon Health Authority from publishing statistical compilations relating to morbidity and mortality studies that do not identify individual cases or prevent use of this data by third parties to conduct research as provided by ORS 432.540 (1). [1995 c.585 5; 2003 c.269 4; 2009 c.595 621; 2017 c.101 38] Note: See note under 432.500.
(1) The Oregon Health Authority shall adopt rules under which confidential data may be used by third parties to conduct research and studies for the public good. Research and studies conducted using confidential data from the statewide registry must be reviewed and approved by the Committee for the Protection of Human Research Subjects established in accordance with 45 C.F.R. 46. (2) The authority may enter into agreements to exchange information with other registries for cancer and benign or borderline tumors of the brain and central nervous system in order to obtain complete reports of Oregon residents diagnosed or treated in other states and to provide information to other states regarding the residents of other states diagnosed or treated in Oregon. Prior to providing information to any other registry, the authority shall ensure that the recipient registry has comparable confidentiality protections. [1995 c.585 6; 2003 c.269 6; 2009 c.595 622; 2017 c.101 39] Note: See note under 432.500.
(1) No action for damages arising from the disclosure of confidential or privileged information may be maintained against any person, or the employer or employee of any person, who participates in good faith in the reporting of registry data for cancer or benign or borderline tumors of the brain and central nervous system or data for cancer morbidity or mortality studies in accordance with ORS 432.510 to 432.540 and 432.900. (2) No license of a health care facility or practitioner may be denied, suspended or revoked for the good faith disclosure of confidential or privileged information in the reporting of registry data for cancer or benign or borderline tumors of the brain and central nervous system or data for cancer morbidity or mortality studies in accordance with ORS 432.510 to 432.540 and 432.900. (3) Nothing in this section shall be construed to apply to the unauthorized disclosure of confidential or privileged information when such disclosure is due to gross negligence or willful misconduct. [1995 c.585 7; 2003 c.269 5; 2017 c.101 40] Note: See note under 432.500.
Nothing in ORS 432.510 to 432.550 and 432.900 shall prohibit a health care facility from operating its own registry for cancer and benign or borderline tumors of the brain and central nervous system or require a health care facility to operate its own registry for cancer and benign or borderline tumors. [1995 c.585 9; 2003 c.269 7; 2017 c.101 41] Note: See note under 432.500.
(1) As used in this section: (a) "Maternal mortality" means the pregnancy-related death of a person within 365 days after the end of the pregnancy. (b) "Severe maternal morbidity" includes pregnancy-related outcomes that result in significant short-term or long-term consequences to a persons health. (2) The Maternal Mortality and Morbidity Review Committee is established in the Oregon Health Authority to conduct studies and reviews of the incidence of maternal mortality and severe maternal morbidity and to make policy and budget recommendations to reduce the incidence of maternal mortality and severe maternal morbidity in this state. (3) The committee shall consist of at least 11 but not more than 15 members appointed by the Governor. The Governor shall consider for membership the following individuals: (a) A physician licensed under ORS chapter 677 who specializes in family medicine and whose practice includes maternity care and delivery; (b) A physician licensed under ORS chapter 677 who specializes in obstetrics and gynecology; (c) A physician licensed under ORS chapter 677 who specializes in maternal fetal medicine; (d) A licensed registered nurse who specializes in labor and delivery; (e) A licensed registered nurse who is licensed by the Oregon State Board of Nursing as a nurse practitioner specializing in nurse midwifery; (f) A direct entry midwife licensed under ORS 687.405 to 687.495; (g) An individual who meets criteria for a doula adopted by the authority in accordance with ORS 414.665; (h) A traditional health worker; (i) An individual who represents a community-based organization that represents communities of color and focuses on reducing racial and ethnic health disparities; (j) An individual who represents a community-based organization that focuses on treatment of mental health; (k) An individual who represents the authority with an expertise in the field of maternal and child health; (L) An individual who is an expert in the field of public health; and (m) A medical examiner. (4) In appointing members under subsection (3) of this section, the Governor shall consider whether the composition of the committee is reasonably representative of this states geographic, ethnic and economic diversity. (5) Members of the committee shall serve for terms of four years each. The Governor shall fill a vacancy on the committee by making an appointment to become immediately effective for the unexpired term. The Governor shall assign the initial terms of office to members so that the terms expire at staggered intervals. (6) The committee shall elect one of its members to serve as chairperson. A majority of the members of the committee constitutes a quorum. (7) The committee shall meet at times and places specified by the call of the chairperson or of a majority of the members of the committee. (8) The committee shall convene in closed, nonpublic meetings. (9) A member of the committee is not entitled to compensation, but in the discretion of the authority may be reimbursed from funds available to the authority for actual and necessary travel and other expenses incurred by the member in the performance of the members official duties in the manner and amount provided in ORS 292.495. (10) The authority may adopt rules necessary for the operation of the committee. (11) The committee shall: (a) Study and review information relating to the incidence of maternal mortality and severe maternal morbidity in this state. (b) Examine whether social determinants of health are contributing factors to the incidence of maternal mortality and severe maternal morbidity including, but not limited to: (A) Race and ethnicity; (B) Socioeconomic status; (C) Domestic abuse or violence; (D) Access to affordable housing; (E) Access to primary and preventive health care services, oral health care services and behavioral health services for a person who is of reproductive age; and (F) Gaps in insurance coverage postpartum or following pregnancy. (12)(a) Upon request by the division of the authority that is charged with public health functions, the following shall make available to the committee information relating to the incidence of maternal mortality and severe maternal morbidity in this state: (A) Health care providers; (B) Providers of social services; (C) Health care facilities; (D) The authority; (E) The Department of Human Services; (F) Law enforcement agencies; (G) Medical examiners; and (H) Any other state and local agency deemed relevant by the committee. (b) Information made available to the committee may include, but need not be limited to, the following: (A) Medical records; (B) Autopsy reports; (C) Birth records; (D) Death records; (E) Social services files; (F) Information obtained during any family interviews; and (G) Any other data or information the committee may deem relevant in connection with maternal mortality and severe maternal morbidity. (c) A person may not charge or collect a fee for providing information to the committee pursuant to this subsection. (13) Notwithstanding any other law relating to sharing confidential information, all agencies of state government, as defined in ORS 174.111, are directed to assist the committee in the performance of duties of the committee and shall furnish information and advice as deemed necessary by the members of the committee. (14)(a) All meetings and activities of the committee are exempt from the requirements of ORS 192.610 to 192.690. (b) All information obtained, created or maintained by the committee is: (A) Confidential and exempt from disclosure under ORS 192.311 to 192.478; and (B) Not admissible in evidence in a judicial, administrative, arbitration or mediation proceeding. (c) Committee members may not be: (A) Examined as to any communications to or from the committee or as to any information obtained or maintained by the committee; or (B) Subject to an action for civil damages for affirmative actions or statements made in good faith. (d) This subsection does not limit the discoverability or admissibility of any information that is available from any source other than the committee in a judicial, administrative, arbitration or mediation proceeding. (15) A person who acts in good faith in making information available to the committee under subsection (12) or (13) of this section: (a) Has immunity: (A) From any civil or criminal liability that might otherwise be incurred or imposed with respect to releasing the information; (B) From disciplinary action taken by the persons employer with respect to releasing the information; and (C) With respect to participating in any judicial proceeding resulting from or involving the release of information; and (b) May not be examined as to any communications to or from the committee or as to any information obtained, created or maintained by the committee. (16) Nothing in subsection (14) or (15) of this section may be construed to limit or restrict the discoverability or admissibility of any information that is available from any person or any other source independent of the meetings or activities of the committee in a civil or criminal proceeding. (17)(a) The committee shall submit a biennial report in the manner provided in ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to health care. The report submitted under this subsection must include, but is not limited to, the following: (A) A summary of the committees conclusions and findings relating to maternal mortality; (B) Aggregated data related to the cases of maternal mortality in this state that is not individually identifiable; (C) A description of actions that are necessary to implement any recommendations of the committee to prevent occurrences of maternal mortality in this state; and (D) Recommendations for allocating state resources to decrease the rate of maternal mortality in this state. (b) A biennial report submitted after January 2, 2021, in addition to providing the information described in paragraph (a) of this subsection, must describe how the information relates to severe maternal morbidity. (18) The committee shall provide the report required under subsection (17) of this section to health care providers and facilities, relevant state agencies and any others as the committee deems necessary to reduce the incidence of maternal mortality and severe maternal morbidity. [2018 c.63 1; 2019 c.233 4; 2019 c.358 48] Note: 432.600 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 432 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) In addition to any other liability or penalty provided by law, the Director of the Oregon Health Authority may impose a civil penalty on any person for willful failure to comply with any part of ORS 432.520. A civil penalty may be imposed against a health care facility for each day compliance is refused. The penalty shall be $50 per day for the first 30 days and $500 per day thereafter. A civil penalty of $50 may be imposed against a practitioner for each day compliance is refused. (2) Any amounts collected pursuant to subsection (1) of this section shall be paid into the State Treasury and deposited in the General Fund. (3) Civil penalties described in subsection (1) of this section shall be imposed in the manner provided in ORS 183.745. [1995 c.585 4; 2009 c.595 623; 2011 c.597 195] Note: See note under 432.500.
(1) A person commits the crime of unlawful use of a vital record or report if the person willfully and knowingly: (a) Makes a false statement to the State Registrar of the Center for Health Statistics in a report or application described in this chapter; (b) Without lawful authority and with intent to deceive, makes, counterfeits, alters, amends or mutilates a record, report, certified copy, verification or application, or documentation submitted in support of a record, report, certified copy, verification or application; (c) Obtains, possesses, uses, sells or furnishes to another, or attempts to obtain, possess, use, sell or furnish to another, for any purpose of deception, a record, report, certified copy, verification or application, or documentation submitted in support of a record, report, certified copy, verification or application; (d) Without lawful authority, possesses a record, report, certified copy, verification or application, or documentation submitted in support of a record, report, certified copy, verification or application, that has been stolen or otherwise unlawfully obtained; or (e) As an employee of the Center for Health Statistics or of an office designated under ORS 432.035, furnishes or processes a certified copy of a record of live birth, knowing that the certified copy is to be used for the purposes of deception. (2) Unlawful use of a vital record or report is a Class C felony. [1997 c.783 42; 2013 c.366 45]
(1) The Director of the Oregon Health Authority may impose a civil penalty in an amount not to exceed $10,000 for each violation described in ORS 432.993. Moneys received by the authority from civil penalties imposed under this section shall be deposited in the General Fund and are available for general governmental expenses. (2) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745. [2013 c.366 44]
(1) A person commits the crime of obstructing the keeping of vital records or reports if the person knowingly and willfully: (a) Refuses to provide information required by this chapter or rules adopted under this chapter; (b) Transports or accepts for transportation, interment or other disposition a dead body without an accompanying permit as provided in this chapter; or (c) Fails to perform in a timely manner any of the provisions of this chapter. (2) The provisions of subsection (1)(c) of this section do not apply to the officers or employees of the courts of this state acting in an official capacity. (3) Obstructing the keeping of vital records or reports is a Class A misdemeanor. [1997 c.783 43; 2013 c.366 46]
As used in ORS 433.001 to 433.045 and 433.110 to 433.770 unless the context requires otherwise: (1) "Communicable disease" has the meaning given that term in ORS 431A.005. (2) "Control" means a person without a reportable disease about whom information is collected for purposes of comparison to a person or persons with the reportable disease. (3) "Disease outbreak" has the meaning given that term in ORS 431A.005. (4) "Epidemic" has the meaning given that term in ORS 431A.005. (5) "Health care provider" has the meaning given that term in ORS 433.443. (6) "Individually identifiable health information" has the meaning given that term in ORS 433.443. (7) "Isolation" means the physical separation and confinement of a person or group of persons who are infected or reasonably believed to be infected with a communicable disease or possibly communicable disease from nonisolated persons to prevent or limit the transmission of the disease to nonisolated persons. (8) "Local public health administrator" has the meaning given that term in ORS 431.003. (9) "Property" means animals, inanimate objects, vessels, public conveyances, buildings and all other real or personal property. (10) "Public health measure" has the meaning given that term in ORS 431A.005. (11) "Quarantine" means the physical separation and confinement of a person or group of persons who have been or may have been exposed to a communicable disease or possibly communicable disease and who do not show signs or symptoms of a communicable disease, from persons who have not been exposed to a communicable disease or possibly communicable disease, to prevent or limit the transmission of the disease to other persons. (12) "Reportable disease" has the meaning given that term in ORS 431A.005. (13) "Simultaneous electronic transmission" means transmission by television, telephone or any other electronic or digital means if the form of transmission allows: (a) The court and the person making the appearance to communicate with each other during the proceeding; and (b) A person who is represented by legal counsel to consult privately with the persons attorney during the proceeding. (14) "Toxic substance" has the meaning given that term in ORS 431A.005. [1973 c.259 2; 1987 c.600 1; 2001 c.900 155; 2007 c.445 6; 2009 c.268 1; 2009 c.595 624; 2011 c.721 1; 2015 c.736 76]
(1) The Oregon Health Authority shall by rule: (a) Specify reportable diseases and when the diseases must be reported under this section; (b) Identify those categories of persons who must report reportable diseases and the circumstances under which the reports must be made; (c) Prescribe the procedures and forms for making such reports and transmitting the reports to the authority; and (d) Prescribe measures and methods for investigating the source and controlling reportable diseases. (2) Persons required under the rules to report reportable diseases shall report to the authority or the local public health administrator as specified by the authority by rule. A local public health administrator that receives a report under this subsection shall transmit the report to the authority as specified by the authority by rule. (3) The authority or local public health administrator may investigate a case of a reportable disease, disease outbreak or epidemic. The investigation may include, but is not limited to: (a) Interviews of: (A) The subject of a reportable disease report; (B) Controls; (C) Health care providers; or (D) Employees of a health care facility. (b) Requiring a health care provider, any public or private entity, or an individual who has information necessary for the investigation to: (A) Permit inspection of the information by the authority or local public health administrator; and (B) Release the information to the authority or local public health administrator. (c) Inspection, sampling and testing of real or personal property with consent of the owner or custodian of the property or with an administrative warrant. (4)(a) The authority shall establish by rule the manner in which information may be requested and obtained under subsection (3) of this section. (b) Information requested may include, but is not limited to, individually identifiable health information related to: (A) The case; (B) An individual who may be the potential source of exposure or infection; (C) An individual who has been or may have been exposed to or affected by the disease; (D) Policies, practices, systems or structures that may have affected the likelihood of disease transmission; and (E) Factors that may influence an individuals susceptibility to the disease or likelihood of being diagnosed with the disease. (5) In addition to other grounds for which a state agency may exercise disciplinary action against its licensees or certificate holders, the substantial or repeated failure of a licensee or certificate holder to report when required to do so under subsection (2) or (3) of this section shall be cause for the exercise of any of the agencys disciplinary powers. (6) Any person making a report or providing information under this section is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to the making of a report or providing information under this section. [1987 c.600 3; 2007 c.445 6a; 2009 c.268 2; 2009 c.828 17; 2019 c.456 31; 2019 c.592 3]
(1) Except as provided in subsection (2) of this section, in response to each report of a reportable disease, the local public health administrator shall ensure that investigations and control measures, as prescribed by Oregon Health Authority rule, are conducted. (2) If there has been a transfer of responsibility from a local public health authority to the Oregon Health Authority under ORS 431.382, the Oregon Health Authority shall ensure that investigations and control measures are conducted, as funding allows, pursuant to rules adopted by the Oregon Health Authority. [1987 c.600 4; 2009 c.595 626; 2021 c.191 11]
(1)(a) Except as provided in subsection (2) of this section, information obtained by the Oregon Health Authority or a local public health administrator in the course of an investigation of a reportable disease or disease outbreak is confidential and is exempt from disclosure under ORS 192.311 to 192.478. (b) Except as required for the administration or enforcement of public health laws or rules, a state or local public health official or employee may not be examined in an administrative or judicial proceeding about the existence or contents of a reportable disease report or other information received by the authority or local public health administrator in the course of an investigation of a reportable disease or disease outbreak. (2) The authority or a local public health administrator may release information obtained during an investigation of a reportable disease or disease outbreak to: (a) State, local or federal agencies authorized to receive the information under state or federal law; (b) Health care providers if necessary for the evaluation or treatment of a reportable disease; (c) Law enforcement officials to the extent necessary to carry out the authority granted to the Public Health Director and local public health administrators under ORS 433.121, 433.128, 433.131, 433.138 and 433.142; (d) A person who may have been exposed to a communicable disease; (e) A person with information necessary to assist the authority or local public health administrator in identifying an individual who may have been exposed to a communicable disease; and (f) The individual who is the subject of the information or the legal representative of that individual. (3) The authority or local public health administrator may release individually identifiable information under subsection (2)(d) or (e) of this section only if there is clear and convincing evidence that the release is necessary to avoid an immediate danger to other individuals or to the public. (4) The authority or local public health administrator may release only the minimum amount of information necessary to carry out the purpose of the release pursuant to subsection (2) of this section. (5) A decision not to disclose information under this subsection, if made in good faith, shall not subject the entity or person withholding the information to any liability. (6) Nothing in this section: (a) Prevents the authority or a local public health administrator from publishing statistical compilations and reports relating to reportable disease investigations if the compilations and reports do not identify individual cases or sources of information; (b) Affects the confidentiality or admissibility into evidence of information not otherwise confidential or privileged that is obtained from sources other than the authority; or (c) Prevents dispositions of information pursuant to ORS 192.105. [1987 c.600 5; 2009 c.268 3; 2009 c.828 18; 2021 c.92 2,3] Note: The amendments to 433.008 by section 3, chapter 92, Oregon Laws 2021, become operative June 30, 2022. See section 4, chapter 92, Oregon Laws 2021. The text that is operative until June 30, 2022, including amendments by section 2, chapter 92, Oregon Laws 2021, is set forth for the users convenience. (1)(a) Except as provided in subsection (2) of this section and section 1, chapter 92, Oregon Laws 2021, information obtained by the Oregon Health Authority or a local public health administrator in the course of an investigation of a reportable disease or disease outbreak is confidential and is exempt from disclosure under ORS 192.311 to 192.478. (b) Except as required for the administration or enforcement of public health laws or rules, a state or local public health official or employee may not be examined in an administrative or judicial proceeding about the existence or contents of a reportable disease report or other information received by the authority or local public health administrator in the course of an investigation of a reportable disease or disease outbreak. (2) The authority or a local public health administrator may release information obtained during an investigation of a reportable disease or disease outbreak to: (a) State, local or federal agencies authorized to receive the information under state or federal law; (b) Health care providers if necessary for the evaluation or treatment of a reportable disease; (c) Law enforcement officials to the extent necessary to carry out the authority granted to the Public Health Director and local public health administrators under ORS 433.121, 433.128, 433.131, 433.138 and 433.142; (d) A person who may have been exposed to a communicable disease; (e) A person with information necessary to assist the authority or local public health administrator in identifying an individual who may have been exposed to a communicable disease; and (f) The individual who is the subject of the information or the legal representative of that individual. (3) The authority or local public health administrator may release individually identifiable information under subsection (2)(d) or (e) of this section only if there is clear and convincing evidence that the release is necessary to avoid an immediate danger to other individuals or to the public. (4) The authority or local public health administrator may release only the minimum amount of information necessary to carry out the purpose of the release pursuant to subsection (2) of this section. (5) A decision not to disclose information under this subsection, if made in good faith, shall not subject the entity or person withholding the information to any liability. (6) Nothing in this section: (a) Prevents the authority or a local public health administrator from publishing statistical compilations and reports relating to reportable disease investigations if the compilations and reports do not identify individual cases or sources of information; (b) Affects the confidentiality or admissibility into evidence of information not otherwise confidential or privileged that is obtained from sources other than the authority; or (c) Prevents dispositions of information pursuant to ORS 192.105. Note: Sections 1 and 4 (1), chapter 92, Oregon Laws 2021, provide: Sec. 1. Disclosure of individually identifiable information related to COVID-19; rules. (1) As used in this section: (a) "COVID-19" means a disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). (b) "Health care provider" means: (A) An individual licensed or certified by the: (i) State Board of Examiners for Speech-Language Pathology and Audiology; (ii) State Board of Chiropractic Examiners; (iii) State Board of Licensed Social Workers; (iv) Oregon Board of Licensed Professional Counselors and Therapists; (v) Oregon Board of Dentistry; (vi) State Board of Massage Therapists; (vii) Oregon Board of Naturopathic Medicine; (viii) Oregon State Board of Nursing; (ix) Oregon Board of Optometry; (x) State Board of Pharmacy; (xi) Oregon Medical Board; (xii) Occupational Therapy Licensing Board; (xiii) Oregon Board of Physical Therapy; (xiv) Oregon Board of Psychology; or (xv) Board of Medical Imaging; (B) An emergency medical services provider licensed by the Oregon Health Authority under ORS 682.216; (C) A clinical laboratory licensed under ORS 438.110; and (D) A health care facility as defined in ORS 442.015. (2) The Oregon Health Authority may disclose individually identifiable information related to COVID-19 that is reportable under ORS 433.004 and rules adopted by the authority if the authority determines that the disclosure is necessary for the evaluation, treatment or care coordination of individuals who have been tested for COVID-19 or individuals who have had a substantial exposure to COVID-19, or is necessary for the states COVID-19 response and recovery efforts, to: (a) An American Indian tribe or an agency of an American Indian tribe; (b) A health care provider; (c) An entity providing care coordination services; or (d) An entity that administers or operates a health information technology system that is used by a person listed in this subsection. (3) The authority may disclose only the minimum amount of information necessary to carry out the purpose of a disclosure under subsection (2) of this section. (4) A person listed in subsection (2) of this section may submit a request in writing to the authority requesting COVID-19 information. The authority may require the requester to describe the purposes for which the requester will use the information. (5) The authority may enter into agreements that condition disclosure of information under subsection (2) of this section on the recipient of the disclosure agreeing to: (a) Use the information for purposes consistent with the states COVID-19 response and recovery efforts. (b) Provide information to the authority regarding the evaluation, treatment or care coordination provided to individuals with COVID-19 or to individuals with a substantial exposure to COVID-19. (c) Provide information to the authority regarding whether and how the disclosure assisted the recipient of the disclosure in providing care coordination services or was necessary for response and recovery efforts. (d) Enter into a data use agreement that, at a minimum, describes how the data may be used and whether it can be redisclosed. (e) Report any breaches of confidentiality. (6) Information obtained under subsection (2) of this section that identifies an individual with COVID-19 or an individual with a substantial exposure to COVID-19, or that contains information that reasonably could lead to the identification of such an individual, is confidential and exempt from disclosure under ORS 192.311 to 192.478. (7) The authority may adopt rules necessary for the administration of this section. [2019 c.92 1] Sec. 4. Sunset. (1) Section 1 of this 2021 Act is repealed on June 30, 2022. [2021 c.92 4(1)]
(1) Notwithstanding ORS 192.345 (3), 192.355 (2) and 433.045, if, during the course of a criminal investigation, a law enforcement unit acquires information that the person who is charged with a crime or sentenced for a crime has a reportable disease, the law enforcement unit shall disclose that information to the public health authorities who shall confirm the diagnosis and notify any police officer, corrections officer or emergency medical services provider who had significant exposure to the person. (2) As used in this section: (a) "Emergency medical services provider" has the meaning given that term in ORS 682.025. (b) "Law enforcement unit," "police officer" and "corrections officer" have the meanings given those terms in ORS 181A.355. (c) "Reportable disease" means a disease or condition, the reporting of which enables a public health authority to take action to protect or to benefit the public health. [1995 c.657 10; 2003 c.86 10; 2007 c.445 6b; 2011 c.703 37] Note: 433.009 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) No person shall willfully cause the spread of any communicable disease within this state. (2) Whenever the laws of this state require a person to secure a health certificate, such certificate shall be acquired from a physician licensed by the Oregon Medical Board or the Oregon Board of Naturopathic Medicine, a physician assistant licensed under ORS 677.505 to 677.525 or a nurse practitioner licensed under ORS 678.375 to 678.390 in accordance with rules adopted by the Oregon Health Authority. [Amended by 1973 c.259 5; 1979 c.731 5; 2001 c.104 155; 2009 c.43 3; 2009 c.595 628; 2014 c.45 52]
The Oregon Health Authority shall provide the necessary laboratory examinations requested by local health departments for the diagnosis of those communicable diseases identified by rule of the authority to be a reportable disease. [1987 c.600 7; 2009 c.595 629]
(1) A licensed physician, physician assistant licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390 attending a pregnant woman in this state for conditions relating to her pregnancy during the period of gestation or at the time of delivery shall, as required by rule of the Oregon Health Authority, take or cause to be taken a sample of blood of every woman so attended at the time of the first professional visit or within 10 days thereafter. The blood specimen obtained under this subsection must be submitted to a licensed laboratory for tests related to any infectious condition which may affect a pregnant woman or fetus, as the authority shall by rule require, including but not limited to an HIV test as defined in ORS 433.045. (2) Every other person permitted by law to attend a pregnant woman in this state, but not permitted by law to take blood samples, shall, as required by rule of the authority, cause a sample of blood of such pregnant woman to be taken by a licensed physician, physician assistant licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390 and have such sample submitted to a licensed laboratory for the tests described under subsection (1) of this section. (3) In all cases under subsections (1) and (2) of this section the physician, physician assistant, naturopathic physician or nurse practitioner shall request consent of the patient to take a blood sample. A sample may not be taken without the patients consent. [1987 c.600 8; 2005 c.516 2; 2009 c.595 630; 2014 c.45 53; 2017 c.356 61]
[Amended by 1973 c.259 6; 1987 c.600 15; 1989 c.915 8; renumbered 431.175 in 1989]
(1)(a) The Public Health Director or a local public health administrator may require testing or medical examination of any person who may have, or may have been exposed to, a communicable disease identified by rule of the Oregon Health Authority to be a reportable disease, a new or uncommon disease of potential public health significance, or a condition that is the basis of a state of public health emergency declared by the Governor as authorized by ORS 433.441. The Public Health Director or the local public health administrator must issue a written order for testing or medical examination pursuant to this section. (b) A written order must: (A) Include findings stating the communicable disease that the Public Health Director or the local public health administrator believes the person has and the reasons for that belief. (B) State whether medical or laboratory confirmation of the disease is feasible and possible and whether such confirmation would enable control measures to be taken to minimize infection of others with the disease. (C) Include a statement that the person may refuse to submit to the testing or medical examination and that if the testing or examination is refused, the Public Health Director or the local public health administrator may seek the imposition of a public health measure, including isolation or quarantine pursuant to ORS 433.121 or 433.123. (2) When a person is directed to submit to a test or examination under this section and the person agrees to do so, the person shall submit to any testing or examination as may be necessary to establish the presence or absence of the communicable disease for which the testing or examination was directed. The examination shall be carried out by the local health officer or a physician licensed by the Oregon Medical Board or the Oregon Board of Naturopathic Medicine. A written report of the results of the test or examination shall be provided to the person ordering the test or examination, and upon request, to the person tested or examined. Laboratory examinations, if any, shall be carried out by the laboratory of the authority whenever the examinations are within the scope of the tests conducted by the laboratory. If treatment is needed, the person or the parent or guardian of the person shall be liable for the costs of treatment based on the examination carried out under this section, if the person liable is able to pay the treatment costs. Cost of any examination performed by a physician in private practice shall be paid from public funds available to the local public health administrator, if any, or from county funds available for general governmental expenses in the county that the local public health administrator serves or in the county where the person tested or examined resides if the local public health administrator serves more than one county or the test or examination was ordered by the Public Health Director or local public health administrator. (3) If a person has a communicable disease, a new or uncommon disease of potential public health significance, or a condition that is the basis of a state of public health emergency, the Public Health Director or the local public health administrator may issue an order requiring the person to complete an appropriate prescribed course of medication or other treatment for the communicable disease, including directly observed therapy if appropriate, and to follow infection control provisions for the disease. The order shall also include statements that the person may refuse the medication or other treatment and that the persons failure to comply with the order issued under this subsection may result in the Public Health Director or the local public health administrator seeking the imposition of a public health measure, including isolation or quarantine as authorized by ORS 433.121 and 433.123. (4) The Public Health Director or the local public health administrator must make every effort to obtain voluntary compliance from a person for any testing, medical examination and treatment required under this section. (5) Any action taken by the Public Health Director or the local public health administrator under this section to compel testing, medical examination or treatment of a person who has a communicable disease, a new or uncommon disease of potential public health significance, or a condition that is the basis of a state of public health emergency must be the least restrictive alternative available to accomplish the results necessary to minimize the transmission of the disease to others. [1967 c.617 1 (enacted in lieu of 434.060); 1973 c.259 7; 1979 c.731 6; 1987 c.600 6; 1989 c.224 87; 2003 c.14 244; 2003 c.555 9; 2007 c.445 18; 2009 c.43 4; 2009 c.595 631]
(1) As used in this section, "vaccine" includes vaccines, immune products and chemoprophylactic medications. (2) When the State Health Officer of the Oregon Health Authority determines that there is clear evidence that adverse and avoidable health outcomes from a preventable and acute communicable disease are expected to affect identifiable categories of high-risk individuals throughout Oregon and that assistance with the administration of vaccine is warranted due to a vaccine shortage to protect or treat such individuals, the health officer shall implement the Oregon Vaccine Education and Prioritization Plan as provided in subsection (3) of this section. (3) The authority shall develop and adopt by rule the Oregon Vaccine Education and Prioritization Plan to protect the public health during a vaccine shortage. The plan shall consist of: (a) Guidelines for physicians, naturopathic physicians, nurses, hospitals, health systems, pharmacies and others that hold vaccines for the distribution and administration of vaccines. The guidelines shall include, but are not limited to, a definition of high-risk groups for priority protection or treatment in the event a vaccine shortage is imminent; (b) Rules for imposing a civil penalty of $500 against persons who knowingly violate the guidelines for each repeat violation of the guidelines; and (c) Procedures for: (A) Mobilizing public and private health resources to assist in vaccine distribution and administration; and (B) Notifying health professional regulatory boards and licensing authorities of repeated violations of the guidelines by health professionals regulated by the board or licensed by the licensing authority. (4) If the Oregon Health Authority adopts temporary rules to implement subsection (2) of this section, the rules adopted are not subject to the requirements of ORS 183.335 (6)(a). The authority may amend the temporary rules adopted pursuant to subsection (3) of this section as often as is necessary to respond to a vaccine shortage. [2001 c.627 2; 2007 c.445 6c; 2009 c.595 632; 2017 c.356 62]
(1) As used in this section: (a) "Health care provider" means an individual licensed by a health professional regulatory board, as defined in ORS 676.160, the Long Term Care Administrators Board, the Board of Licensed Dietitians or the Behavior Analysis Regulatory Board. (b) "HIV test" means a test of an individual for the presence of HIV, or for antibodies or antigens that result from HIV infection, or for any other substance specifically indicating infection with HIV. (c) "Insurance producer" has the meaning given that term in ORS 746.600. (d) "Insurance-support organization" has the meaning given that term in ORS 746.600. (e) "Insurer" has the meaning given that term in ORS 731.106. (2) Except as provided in ORS 433.017, 433.055 (2) and 433.080, a health care provider or the providers designee shall, before subjecting an individual to an HIV test: (a) Notify the individual being tested; and (b) Allow the individual being tested the opportunity to decline the test. (3) The notification and opportunity to decline testing required under subsection (2) of this section may be verbal or in writing, and may be contained in a general medical consent form. (4)(a) Regardless of the manner of receipt or the source of the information, including information received from the tested individual, a person may not disclose or be compelled to disclose the identity of any individual upon whom an HIV-related test is performed, or the results of such a test in a manner that permits identification of the subject of the test, except as required or permitted by federal law, the law of this state or any rule, including any authority rule considered necessary for public health or health care purposes, or as authorized by the individual whose blood is tested. (b) This subsection does not apply to an individual acting in a private capacity and not in an employment, occupational or professional capacity. (5) A person who complies with the requirements of this section is not subject to an action for civil damages. (6) Whenever an insurer, insurance producer or insurance-support organization asks an applicant for insurance to take an HIV test in connection with an application for insurance, the insurer, insurance producer or insurance-support organization must reveal the use of the test to the applicant and obtain the written consent of the applicant. The consent form must disclose the purpose of the test and the persons to whom the results may be disclosed. [1987 c.600 17; 1989 c.878 6; 1997 c.854 14; 2003 c.14 245; 2003 c.364 51; 2005 c.516 1; 2009 c.30 1; 2009 c.828 19; 2012 c.26 1; 2017 c.101 12; 2018 c.61 15; 2019 c.456 32]
(1) The Oregon Health Authority shall conduct studies of the prevalence of the HIV infection in this state. The authority shall report findings to the Oregon Public Health Advisory Board, the Conference of Local Health Officials, the Emergency Board and other interested bodies at regular intervals, commencing in January 1988. The authority may cause the prevalence study of persons sentenced to the Department of Corrections of this state, as defined in ORS 421.005, to be made. (2) Prior consent to HIV antibody testing need not be obtained from an individual if the test is for the purpose of research as authorized by the authority and if the testing is performed in a manner by which the identity of the test subject is not known, and may not be retrieved by the researcher. [1987 c.600 19; 2009 c.595 634; 2011 c.720 192; 2012 c.26 2; 2019 c.456 33]
As used in ORS 433.060 to 433.080 unless the context requires otherwise: (1) "Authority" means the Oregon Health Authority. (2) "Health care facility" means a facility as defined in ORS 442.015 and a mental health facility, alcohol treatment facility or drug treatment facility licensed or operated under ORS chapter 426 or 430. (3) "Hepatitis test" means a test of an individual for the presence of hepatitis B or C or for any other substance specifically indicating the presence of hepatitis B or C. (4) "HIV test" means a test of an individual for the presence of human immunodeficiency virus (HIV), or for antibodies or antigens that result from HIV infection, or for any other substance specifically indicating infection with HIV. (5) "Licensed health care provider" or "health care provider" means a person licensed or certified to provide health care under ORS chapter 677, 678, 679, 680, 684 or 685 or ORS 682.216, or under comparable statutes of any other state. (6) "Local public health administrator" means the local public health administrator, as defined in ORS 431.003, for the jurisdiction in which the reported substantial exposure occurred. (7) "Local public health officer" means the local health officer, as described in ORS 431.418, of the county or district health department for the jurisdiction in which the substantial exposure occurred. (8) "Occupational exposure" means a substantial exposure of a worker in the course of the workers occupation. (9) "Source person" means a person who is the source of the blood or body fluid in the instance of a substantial exposure of another person. (10) "Substantial exposure" means an exposure to blood or certain body fluids as defined by rule of the authority to have a potential for transmitting the human immunodeficiency virus based upon current scientific information. (11) "Worker" means a person who is licensed or certified to provide health care under ORS chapters 677, 678, 679, 680, 684 or 685 or ORS 682.216, an employee of a health care facility, of a licensed health care provider or of a clinical laboratory, as defined in ORS 438.010, a firefighter, a law enforcement officer, as defined in ORS 414.805, a corrections officer or a parole and probation officer. [1989 c.878 1; 1993 c.196 7; 1999 c.807 1; 2005 c.264 23; 2009 c.595 635; 2011 c.720 193; 2015 c.736 77]
(1) The Oregon Health Authority shall by rule prescribe procedures: (a) Whereby a worker who has experienced an occupational exposure may request or cause to be requested the source persons voluntary consent to an HIV test; (b) Whereby a person who, while being administered health care, has experienced a substantial exposure from a worker shall be given notice of such exposure and be given opportunity to request or cause to be requested the workers voluntary consent to an HIV test; and (c) Whereby a person who has experienced a substantial exposure shall be offered information about HIV infection, methods of preventing HIV infection and HIV tests. (2) Rules prescribing procedures under subsection (1)(a) of this section may require the participation or intervention of the health care facility and licensed health care provider providing care to the source person and may require the further participation or intervention of the local public health administrator or local public health officer. (3) Where the source person under subsection (1)(a) of this section is not known to be under the care of a health care facility or provider or cannot be located, and in the case of procedures under subsection (2) of this section, the rules may require the participation and intervention of the local public health administrator. (4) The rules under this section may also include, but need not be limited to, time frames within which the notice and other procedures are to be performed and by whom, prescribed forms for reporting of exposures, and for recording of results of procedures undertaken and restrictions upon disclosure of such reports and records only to specific persons. (5) If the source person is deceased, the source persons next of kin may provide voluntary consent under this section. [1989 c.878 2; 2009 c.595 636; 2012 c.26 3]
(1) Workers, health care facilities, licensed health care providers, local public health administrators and officers and others upon whom duties are imposed by rules adopted under ORS 433.065 shall comply with such requirements. (2) Any person having information as to the location of a source person shall, when requested for the purpose of carrying out ORS 433.045 and 433.060 to 433.080 and rules hereunder, provide that information. [1989 c.878 3]
(1) When an HIV test is performed pursuant to ORS 433.080 or rules adopted under ORS 433.065, the exposed person requesting the test, or the exposed persons employer in the case of an occupational exposure, shall be responsible for the cost of the testing. (2) If an employer provides a program of prevention, education and testing for HIV exposures for its employees, an employee to be tested under ORS 433.060 to 433.080 shall comply with the procedures provided by the program. (3) When an HIV test is performed pursuant to ORS 433.080 or rules adopted under ORS 433.065, the results shall be reported confidentially to the person who suffered the substantial exposure giving rise to the test. (4) The confidentiality provisions of ORS 433.045 (4) apply to any person who receives an HIV test result pursuant to ORS 433.080 or rules adopted under ORS 433.065. A person who complies with the requirements of this subsection is not subject to an action for damages. [1989 c.878 4; 2009 c.595 637; 2012 c.26 4; 2019 c.456 34]
When the Oregon Health Authority declares by rule that mandatory testing of source persons could help a defined class of workers from being infected or infecting others with the human immunodeficiency virus, the following apply: (1) When a source person, after having been first requested to consent to testing by rules adopted under ORS 433.065, has refused or within a time period prescribed by rule of the authority has failed to submit to the requested test, except when the exposed person has knowledge that the exposed person has a history of a positive HIV test, the exposed person may seek mandatory testing of the source person by filing a petition with the circuit court for the county in which the exposure occurred. The form for the petition shall be as prescribed by the authority and shall be obtained from the local public health department or the Oregon Health Authority if there has been a transfer of responsibility under ORS 431.382. (2) The petition shall name the source person as the respondent and shall include a short and plain statement of facts alleging: (a) The petitioner is a worker subjected to an occupational exposure or a person who has been subjected to a substantial exposure by a worker administering health care and the respondent is the source person; (b) The petitioner is in the class of workers defined by rule of the authority under this section; (c) All procedures for obtaining the respondents consent to an HIV test by rules adopted under ORS 433.065 have been exhausted by the petitioner and the respondent has refused to consent to the test, or within the time period prescribed by rule of the authority has failed to submit to the test; (d) The petitioner has no knowledge that the petitioner has a history of a positive HIV test and has since the exposure, within a time period prescribed by rule of the authority, submitted a specimen from the petitioner for an HIV test; and (e) The injury that petitioner is suffering or will suffer if the source person is not ordered to submit to an HIV test. (3) The petition shall be accompanied by the certificate of the local public health administrator or State Health Officer if there has been a transfer of responsibility under ORS 431.382 declaring that, based upon information in the possession of the administrator, the facts stated in the allegations under subsection (2)(a), (b) and (c) of this section are true. (4) Upon the filing of the petition, the court shall issue a citation to the respondent stating the nature of the proceedings, the statutes involved and the relief requested and, that if the respondent does not appear at the time and place for hearing stated in the citation, that the court will order the relief requested in the petition. (5) The citation shall be served on the respondent together with a copy of the petition by the county sheriff or deputy. The person serving the citation and petition shall, immediately after service thereof, make a return showing the time, place and manner of such service and file it with the clerk of the court. (6) The hearing shall be held within three days of the service of the citation upon the respondent. The court may for good cause allow an additional period of 48 hours if additional time is requested by the respondent. (7) Both the petitioner and the local public health administrator or State Health Officer if there has been a transfer of responsibility under ORS 431.382 certifying to the matter alleged in the petition shall appear at the hearing. The hearing of the case shall be informal with the object of resolving the issue before the court promptly and economically between the parties. The parties shall be entitled to subpoena witnesses, to offer evidence and to cross-examine. The judge may examine witnesses to insure a full inquiry into the facts necessary for a determination of the matter before the court. (8) After hearing all of the evidence, the court shall determine the truth of the allegations contained in the petition. The court shall order the respondent to submit to the requested test by a licensed health care provider without delay if, based upon clear and convincing evidence, the court finds that: (a) The allegations in the petition are true; (b) The injury the petitioner is suffering or will suffer is an injury that only the relief requested will adequately remedy; and (c) The interest of the petitioner in obtaining the relief clearly outweighs the privacy interest of the respondent in withholding consent. (9) If the court does not make the finding described in subsection (8) of this section, the court shall dismiss the petition. (10) Failure to obey the order of the court shall be subject to contempt proceedings pursuant to law. [1989 c.878 5; 2009 c.595 638; 2021 c.191 12]
As used in ORS 433.090 to 433.102: (1) "Authorized user" means a person or entity authorized to provide information to or to receive information from an immunization registry or tracking and recall system under ORS 433.090 to 433.102. "Authorized user" includes, but is not limited to: (a) The Oregon Health Authority and its agents; (b) Local health departments and their agents; (c) Licensed health care providers and their agents; (d) Health care institutions; (e) Insurance carriers; (f) State health plans as defined in ORS 192.556; (g) Parents, guardians or legal custodians of children under 18 years of age; (h) Clients 18 years of age or older; (i) Post-secondary education institutions; (j) Schools; and (k) Childrens facilities. (2) "Childrens facility" has the meaning given that term in ORS 433.235. (3) "Client" means a person registered with any Oregon tracking and recall system. (4) "Immunization record" includes but is not limited to records of the following: (a) Any immunization received; (b) Date immunization was received; (c) Complication or side effect associated with immunization; (d) Date and place of birth of a client; (e) Hospital where a client was born; (f) Clients name; and (g) Mothers name. (5) "Immunization registry" means a listing of clients and information relating to their immunization status, without regard to whether the registry is maintained in this state or elsewhere. (6) "Local health department" has the meaning given that term in ORS 431.003. (7) "Parent or guardian" has the meaning given the term "parent" in ORS 433.235. (8) "Post-secondary education institution" means: (a) A public university listed in ORS 352.002; (b) A community college operated under ORS chapter 341; (c) A school or division of Oregon Health and Science University; or (d) An Oregon-based, generally accredited, private institution of higher education. (9) "Provider" means a physician or a health care professional who is acting within the scope of the physicians or professionals licensure and is responsible for providing immunization services or for coordinating immunization services within a clinic, public health site, school or other immunization site. (10) "School" has the meaning given that term in ORS 433.235. (11) "Tracking and recall record" means information needed to send reminder cards to, place telephone calls to or personally contact the client or the parent or guardian of a client for the purposes of informing the client, parent or guardian that the client is late in receiving recommended immunizations, hearing or lead screenings, or other public health interventions, including but not limited to the clients: (a) Name; (b) Address; (c) Telephone number; (d) Insurance carrier; and (e) Health care provider. (12) "Tracking and recall system" means a system attached to an immunization registry designed to contact clients listed in the immunization registry for the purposes of assisting in the timely completion of immunization series, hearing or lead screenings, or other public health interventions designated by rule of the authority. [1993 c.297 1; 2003 c.573 1; 2003 c.593 1; 2007 c.196 1; 2009 c.595 640; 2011 c.71 1; 2011 c.637 271; 2015 c.736 78]
The purpose of ORS 433.090 to 433.102 is to waive the requirement of consent for release of information from, or providing information to, the immunization record of a client of any immunization registry and to waive issues of confidentiality in regard to this information. The waiver allows authorized users to share information from the immunization record through or between immunization registries without violating confidentiality. The immunization registries and the associated tracking and recall systems are designed to increase the states immunization rates for clients and help prevent the spread of the diseases at which the immunizations are aimed. Immunizations are a proven benefit to individuals and society. An immunization registry reduces inappropriate immunizations and increases appropriate immunizations because clients records will be easily available to authorized users. [1993 c.297 2; 2007 c.196 2]
(1) The Oregon Health Authority, a local health department, or both, or their agents or other providers may develop an immunization registry and an associated tracking and recall system. (2) The immunization registry and tracking and recall system shall include, but not be limited to, the following: (a) Registering all clients born in, living in or receiving services in this state; (b) Tracking and updating immunization histories of the registered clients; (c) Allowing a provider, the authority or a local health department to provide information to and obtain information from the immunization records contained in the immunization registry, and the tracking and recall records contained in the tracking and recall system, without the consent of the client or the parent or guardian of the client; (d) Allowing an immunization record of a client who is under the care of an authorized user or enrolled in an authorized users program to be released to the authorized user; (e) Notifying in writing the parent or guardian of a client, at least through five years of age, when the tracking and recall system indicates that a client has missed a scheduled immunization; (f) Integrating with any immunization registry and its associated tracking and recall systems; and (g) Working with health care providers to develop information transfer systems. (3) The immunization registry and tracking and recall system may allow information to be released to an authorized user from an immunization record or a tracking and recall record for purposes including, but not limited to: (a) Outreach to clients under the care of the authorized user or enrolled in the authorized users program who have missed immunizations, hearing or lead screenings, or other public health interventions designated by rule of the authority; or (b) Public health assessment and evaluation related to immunizations and vaccine-preventable diseases conducted by the authority or by a local health department for clients within the local health departments jurisdiction. [1993 c.297 3; 2003 c.573 2; 2003 c.593 2; 2007 c.196 3; 2009 c.595 641; 2011 c.71 2]
The Oregon Health Authority shall adopt rules requiring dentists and pharmacists to report information about the administration of vaccines to the immunization registry created under ORS 433.094. [2009 c.250 2; 2011 c.720 194; 2019 c.58 3] Note: 433.095 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Nothing in ORS 179.505, 192.311 to 192.478, 192.553 to 192.581 or 677.190 (5) or the client and provider privilege prevents: (1) Authorized users from providing information to and receiving information from the immunization registry regarding a clients immunization record or tracking and recall record; or (2) The immunization registry from: (a) Providing immunization information to or receiving immunization information from an authorized user regarding a clients immunization record or tracking and recall record; (b) Notifying or personally contacting a client or the custodial parent or guardian of a client about the clients immunization status; or (c) Providing or publishing information in aggregate form that does not identify a client. [1993 c.297 4; 2003 c.86 11; 2007 c.196 4; 2011 c.71 4]
(1) An authorized user and the employees or agents of an authorized user are not liable for sharing or using information from the immunization registry regarding a clients immunization record or tracking and recall record as provided in ORS 433.094. (2) Information in an immunization registry regarding a clients immunization record or tracking and recall record, or derived from the registry or record, is confidential and may not be disclosed to any person who is not specifically authorized to receive information under ORS 433.090 to 433.102. (3) When a client who is 18 years of age or older requests in writing that the clients immunization record be removed from an immunization registry, the agency that maintains the registry shall purge the clients immunization record from the registry as soon as is reasonably possible. (4) Before sharing data with any immunization registry, an immunization registry maintained in Oregon shall ensure that the immunization registry receiving the data has confidentiality and security policies at least as stringent as the policies of the registry sharing the data. [1993 c.297 8; 2003 c.573 3; 2007 c.196 5; 2011 c.71 3]
(1) The Oregon Health Authority shall adopt rules pertaining to the development and implementation of the immunization registries and associated tracking and recall systems. The rules must include a process that allows a client who is 18 years of age or older, a custodial parent or guardian to control the transfer of information from the clients immunization record or tracking and recall record when such control is necessary to protect the health or safety of the family or the client. (2) Nothing in this section requires the consent of a parent or guardian prior to enrolling the child in the registry or restricts the registry from providing information from a tracking and recall record to a custodial parent or guardian. (3)(a) Pursuant to rules adopted by the authority, the authority may charge fees to authorized users, except hospitals, schools and individual health care providers, for services requested from an immunization registry, including associated tracking and recall systems maintained by the authority. Authorized users may make voluntary contributions to the authority to help support the operation of an immunization registry established under ORS 433.094. (b) Fees authorized under paragraph (a) of this subsection may be assessed only against managed care organizations, health maintenance organizations, physician organizations and insurance carriers that are using the information from the registries for quality improvement activities for their privately insured patients. (c) All moneys received by the authority under this section shall be paid into the State Treasury and placed in the General Fund to the credit of the Public Health Account. Such moneys are continuously appropriated to the authority and shall be used only for the administration and enforcement of ORS 433.090 to 433.102. [1993 c.297 5; 2003 c.593 3; 2007 c.196 6; 2009 c.595 642; 2011 c.71 5]
(1) Nothing in ORS 433.090 to 433.102 is intended to affect the responsibility of a parent or guardian to have a child of that parent or guardian properly immunized. (2) Nothing in ORS 433.090 to 433.102 is intended to require immunization or tracking of any child otherwise exempt from immunization requirements under ORS 433.267 (1)(b) or (c). [1993 c.297 6,7]
(1) The Oregon Health Authority shall adopt rules requiring an entity that administers vaccines and receives vaccines from the authority to: (a) Report information about the administration of the vaccine to the immunization registry created under ORS 433.094; and (b) At least once every two years, certify that employees of the entity have completed a training session approved by the authority on the storage, handling and administration of vaccines. The authority may not require more than two employees of an entity to complete the training session. (2) The authority shall adopt rules exempting an entity from the requirements of subsection (1)(b) of this section if the entity demonstrates to the satisfaction of the authority that the entity or a health licensing board imposes adequate training requirements on employees of the entity. (3) The authority shall consider methods of facilitating the redistribution of unused vaccines. [2011 c.362 1]
(1) The immunization registry and associated tracking and recall systems established under ORS 433.094 may be used as a vaccination management and tracking system in preparation for a potential catastrophic disease threat, such as smallpox or pandemic influenza. (2) When used as authorized by this section, the immunization registry may include persons of any age, and vaccination records may be shared with authorized users of the registry without obtaining the prior consent of the clients of the registry. (3) As used in this section, "client" and "immunization registry" have the meanings given those terms in ORS 433.090. [2003 c.593 4]
Every physician, physician assistant, naturopathic physician or nurse attending a person affected with any communicable disease shall use all precautionary measures to prevent the spread of the disease as the Oregon Health Authority may prescribe by rule. [Amended by 1973 c.259 10; 2005 c.471 3; 2009 c.595 643; 2014 c.45 54; 2017 c.356 63]
(1) The Public Health Director or a local public health administrator may issue an emergency administrative order causing a person or group of persons to be placed in isolation or quarantine if the Public Health Director or the local public health administrator has probable cause to believe that a person or group of persons requires immediate detention in order to avoid a clear and immediate danger to others and that considerations of safety do not allow initiation of the petition process set out in ORS 433.123. An administrative order issued under this section must: (a) Identify the person or group of persons subject to isolation or quarantine; (b) Identify the premises where isolation or quarantine will take place, if known; (c)(A) Describe the reasonable efforts made to obtain voluntary compliance with a request for an emergency public health action including requests for testing or medical examination, treatment, counseling, vaccination, decontamination of persons or animals, isolation, quarantine, and inspection and closure of facilities; or (B) Explain why reasonable efforts to obtain voluntary compliance are not possible and why the pursuit of these efforts creates a risk of serious harm to others; (d) Describe the suspected communicable disease or toxic substance, if known, that is the basis for the issuance of the emergency administrative order and the anticipated duration of isolation or quarantine based on the suspected communicable disease or toxic substance; (e) Provide information supporting the reasonable belief of the Public Health Director or the local public health administrator that the person or group of persons is, or is suspected to be, infected with, exposed to, or contaminated with a communicable disease or toxic substance that could spread to or contaminate others if remedial action is not taken; (f) Provide information supporting the reasonable belief of the Public Health Director or the local public health administrator that the person or group of persons would pose a serious and imminent risk to the health and safety of others if not detained for purposes of isolation or quarantine; (g) Describe the medical basis for which isolation or quarantine is justified and explain why isolation or quarantine is the least restrictive means available to prevent a risk to the health and safety of others; (h) Establish the time and date at which the isolation or quarantine commences; and (i) Contain a statement of compliance with the conditions of and principles for isolation and quarantine specified in ORS 433.128. (2)(a) In lieu of issuing an emergency administrative order under subsection (1) of this section, the Public Health Director or a local public health administrator may petition the circuit court for a written ex parte order. (b) The petition to the court and the courts order must include the information described in subsection (1) of this section. (c) The Public Health Director or local public health administrator: (A) Shall make reasonable efforts to serve the person or group of persons subject to isolation or quarantine with the petition before the petition is filed; and (B) Is not required to provide prior notice of an ex parte proceeding at which the petition is being considered by the court. (3) Within 12 hours of the issuance of an order under subsection (1) or (2) of this section, the person or group of persons detained or sought for detention must be personally served with the written notice required by ORS 433.126 and with a copy of any order issued under subsection (1) or (2) of this section. If copies of the notice and order cannot be personally served in a timely manner to a group of persons because the number of persons in the group makes personal service impracticable, the Public Health Director or the local public health administrator shall post the notice and order in a conspicuous place where the notice and order can be viewed by those detained or shall find other means to meaningfully communicate the information in the notice and order to those detained. (4) A person or group of persons detained pursuant to an order issued under subsection (1) or (2) of this section may not be detained for longer than 72 hours unless a petition is filed under ORS 433.123. (5) If the detention of a person or group of persons for longer than 72 hours is deemed necessary, immediately following the issuance of an order under subsection (1) or (2) of this section, the Public Health Director or the local public health administrator must petition the circuit court in accordance with ORS 433.123. (6) A person or group of persons detained under subsection (1) or (2) of this section has the right to be represented by legal counsel in accordance with ORS 433.466. [2007 c.445 8; 2011 c.721 2]
(1) The Public Health Director or a local public health administrator may petition the circuit court for an order authorizing: (a) The isolation or quarantine of a person or group of persons; or (b) The continued isolation or quarantine of a person or group of persons detained under ORS 433.121. (2) A petition filed under subsections (1) and (9) of this section must: (a) Identify the person or group of persons subject to isolation or quarantine; (b) Identify the premises where isolation or quarantine will take place, if known; (c)(A) Describe the reasonable efforts made to obtain voluntary compliance with a request for an emergency public health action, including requests for testing or medical examination, treatment, counseling, vaccination, decontamination of persons or animals, isolation, quarantine and inspection and closure of facilities; or (B) Explain why reasonable efforts to obtain voluntary compliance are not possible and why the pursuit of these efforts creates a risk of serious harm to others; (d) Describe the suspected communicable disease or toxic substance, if known, and the anticipated duration of isolation or quarantine based on the suspected communicable disease, infectious agent or toxic substance; (e) Provide information supporting the reasonable belief of the Public Health Director or the local public health administrator that the person or group of persons is, or is suspected to be, infected with, exposed to, or contaminated with a communicable disease or toxic substance that could spread to or contaminate others if remedial action is not taken; (f) Provide information supporting the reasonable belief of the Public Health Director or the local public health administrator that the person or group of persons would pose a serious risk to the health and safety of others if not detained for purposes of isolation or quarantine; (g) Describe the medical basis for which isolation or quarantine is justified and explain why isolation or quarantine is the least restrictive means available to prevent a serious risk to the health and safety of others; (h) Establish the time and date on which the isolation or quarantine commences; and (i) Contain a statement of compliance with the conditions of and principles for isolation and quarantine specified in ORS 433.128. (3) The person or group of persons detained or sought for detention must be personally served with a copy of the petition filed with the court under subsection (1) of this section and with the written notice required by ORS 433.126. If copies of the petition and notice cannot be personally served in a timely manner to a group of persons because the number of persons in the group makes personal service impracticable, the Public Health Director or the local public health administrator shall post the petition and notice in a conspicuous place where the petition and notice can be viewed by those detained or find other means to meaningfully communicate the information in the petition and notice to those detained. (4) A person or group of persons subject to a petition filed under subsection (1) or (9) of this section has the right to be represented by legal counsel in accordance with ORS 433.466. (5) Upon the filing of a petition under subsection (1) of this section to continue isolation or quarantine for a person or group of persons detained under an emergency administrative or ex parte order issued under ORS 433.121, the court shall issue an order extending the isolation or quarantine order until the court holds a hearing pursuant to subsection (6) of this section. (6)(a) The court shall hold a hearing on a petition filed under subsection (1) of this section within 72 hours of the filing of the petition, exclusive of Saturdays, Sundays and legal holidays. (b) In extraordinary circumstances and for good cause shown, or with consent of the affected persons, the Public Health Director or the local public health administrator may apply to continue the hearing date for up to 10 days. The court may grant a continuance at its discretion, giving due regard to the rights of the affected persons, the protection of the public health, the severity of the public health threat and the availability of necessary witnesses and evidence. (c) The hearing required under this subsection may be waived by consent of the affected persons. (d) The provisions of ORS 40.230, 40.235 and 40.240 do not apply to a hearing held under this subsection. Any evidence presented at the hearing that would be privileged and not subject to disclosure except as required by this paragraph shall be disclosed only to the court, the parties and their legal counsel or persons authorized by the court and may not be disclosed to the public. (7) The Public Health Director or local public health administrator may request that a person or group of persons who is the subject of a petition filed under subsection (1) or (9) of this section not personally appear before the court because personal appearance would pose a risk of serious harm to others. If the court grants the directors or local public health administrators request or if the court determines that personal appearance by the person or group of persons who is the subject of the petition poses a risk of serious harm to others, the court proceeding must be conducted by legal counsel for the person or group of persons or must be held at a location, or by any means, including simultaneous electronic transmission, that allows all parties to fully participate. (8) The court shall grant the petition if, by clear and convincing evidence, the court finds that isolation or quarantine is necessary to prevent a serious risk to the health and safety of others. In lieu of or in addition to isolation or quarantine, the court may order the imposition of other public health measures appropriate to the public health threat presented. The court order must: (a) Specify the maximum duration for the isolation or quarantine, which may not exceed 60 days unless there is substantial medical evidence indicating that the condition that is the basis of the public health threat is spread by airborne transmission and cannot be rendered noninfectious within 60 days or may recur after 60 days, in which case the maximum duration of the isolation or quarantine may not exceed a period of 180 days; (b) Identify the person or group of persons subject to the order by name or shared or similar characteristics or circumstances; (c) Specify the factual findings warranting imposition of isolation, quarantine or another public health measure; (d) Include any conditions necessary to ensure that isolation or quarantine is carried out within the stated purposes and restrictions of this section; and (e) Be served on all affected persons or groups in accordance with subsection (3) of this section. (9) Prior to the expiration of a court order issued under subsection (8) or (10) of this section, the Public Health Director or the local public health administrator may petition the circuit court to continue isolation or quarantine. A petition filed under this subsection must comply with the requirements of subsections (2) to (8) of this section. (10)(a) The court shall hold a hearing on a petition filed under subsection (9) of this section within 72 hours of filing, exclusive of Saturdays, Sundays and legal holidays. (b) In extraordinary circumstances and for good cause shown, or with consent of the affected persons, the Public Health Director or the local public health administrator may apply to continue the hearing date for up to 10 days. The court may grant a continuance at its discretion, giving due regard to the rights of the affected persons, the protection of the public health, the severity of the public health threat and the availability of necessary witnesses and evidence. (c) The hearing required under this subsection may be waived by consent of the affected parties. (d) The court may continue the isolation or quarantine order if the court finds there is clear and convincing evidence that continued isolation or quarantine is necessary to prevent a serious threat to the health and safety of others. In lieu of or in addition to continued isolation or quarantine, the court may order the imposition of a public health measure appropriate to the public health threat presented. (e) An order issued under this subsection must comply with the requirements of subsection (8) of this section. (11) An order issued under subsection (10) of this section must be for a period not to exceed 60 days and must be served on all affected parties in accordance with subsection (3) of this section. (12) In no case may a person or group of persons be in quarantine or isolation for longer than 180 days unless, following a hearing, a court finds that extraordinary circumstances exist and that the person or group of persons subject to isolation or quarantine continues to pose a serious threat to the health and safety of others if detention is not continued. (13) Failure to obey a court order issued under this section subjects the person in violation of the order to contempt proceedings under ORS 33.015 to 33.155. [2007 c.445 9; 2011 c.721 3]
(1) The Public Health Director or the local public health administrator shall provide the person or group of persons detained or sought for detention under ORS 433.121 or 433.123 with a written notice informing the person or group of persons of: (a) The right to legal counsel, including how to request and communicate with counsel; (b) The right to petition the circuit court for release from isolation or quarantine and the procedures for filing a petition; (c) The conditions of and principles of isolation and quarantine specified in ORS 433.128; (d) The right to petition the court for a remedy regarding a breach of the conditions of isolation or quarantine imposed on the person or group of persons and the procedures for filing a petition; and (e) The sanctions that may be imposed for violating an order issued under ORS 433.121 or 433.123. (2) The Public Health Director or the local public health administrator must ensure, to the extent practicable, that the person or group of persons receives the notice required under this section in a language and in a manner the person or group of persons can understand. (3) The Public Health Director may adopt rules prescribing the form of notice required by this section. [2007 c.445 10; 2011 c.721 4]
When isolating or quarantining a person or group of persons in accordance with ORS 433.121 or 433.123, the Public Health Director or the local public health administrator shall adhere to the following conditions and principles: (1) Isolation or quarantine must be by the least restrictive means necessary to prevent the spread of a communicable disease or possibly communicable disease to others or to limit exposure to or contamination with a toxic substance by others, and may include, but is not limited to, confinement to private homes or other public or private premises. (2) Confinement may not be in a prison, jail or other facility where those charged with a crime or a violation of a municipal ordinance are incarcerated unless: (a) The person or group of persons represents an immediate and serious physical threat to the staff or physical facilities of a hospital or other facility in which the person or group of persons has been confined; or (b) A person has been found in contempt of court because of failure to obey a court order. (3) Isolated persons must be confined separately from quarantined persons. If a facility is not capable of separating isolated persons from quarantined persons, either the isolated persons or the quarantined persons must be moved to a separate facility. (4) The health status of an isolated or quarantined person must be monitored regularly to determine if the person requires continued isolation or quarantine. (5) A quarantined person who subsequently becomes infected or is reasonably believed to have become infected with a communicable disease or possibly communicable disease that the Public Health Director or the local public health administrator believes poses a significant threat to the health and safety of other quarantined persons must be promptly placed in isolation. (6) An isolated or quarantined person must be released as soon as practicable when the Public Health Director or local public health administrator determines that the person has been successfully decontaminated or that the person no longer poses a substantial risk of transmitting a communicable disease or possibly communicable disease that would constitute a serious or imminent threat to the health and safety of others. (7) The needs of a person who is isolated or quarantined must be addressed to the greatest extent practicable in a systematic and competent fashion, including, but not limited to, providing adequate food, medication, competent medical care, clothing, shelter and means of communication with other persons who are in isolation or quarantine and persons who are not under isolation or quarantine. (8) Premises used for isolation or quarantine must, to the extent practicable, be maintained in a safe and hygienic manner to lessen the likelihood of further transmission of a communicable disease or possibly communicable disease or of further harm to persons who are isolated and quarantined. (9) Cultural and religious beliefs should be considered to the extent practicable in addressing the needs of persons who are isolated or quarantined and in establishing and maintaining premises used for isolation or quarantine. (10)(a) Isolation or quarantine shall not abridge the right of any person to rely exclusively on spiritual means to treat a communicable disease or possibly communicable disease in accordance with religious or other spiritual tenets and practices. (b) Nothing in ORS 433.126 to 433.138, 433.142 and 433.466 prohibits a person who relies exclusively on spiritual means to treat a communicable disease or possibly communicable disease and who is infected with a communicable disease or has been exposed to a toxic substance from being isolated or quarantined in a private place of the persons own choice, provided the private place is approved by the Public Health Director or the local public health administrator and the person who is isolated or quarantined complies with all laws, rules and regulations governing control, sanitation, isolation and quarantine. (11) Prior to placing a person or group of persons subject to isolation or quarantine in a health care facility as defined in ORS 442.015, the Public Health Director or the local public health administrator must provide to the managers of the health care facility notice of the intention to seek authorization from the circuit court to place a person or group of persons in isolation or quarantine in the facility and must consult with the managers of the health care facility regarding how to best meet the requirements of this section. (12) The Public Health Director or local public health administrator shall provide adequate means of communication between a person or a group of persons who is isolated or quarantined and legal counsel for the person or group of persons. [2007 c.445 12; 2011 c.721 5; 2015 c.736 79]
(1) Entry into premises used for isolation or quarantine shall be allowed under the following conditions: (a) The Public Health Director or the local public health administrator may authorize physicians or other health care workers or other persons access to persons or groups of persons who are in isolation or quarantine pursuant to ORS 433.121 or 433.123 as necessary to meet the needs of isolated or quarantined persons; (b) Only persons authorized by the Public Health Director or the local public health administrator may enter premises used for isolation or quarantine; (c) An authorized person entering premises used for isolation or quarantine shall be provided with infection control training and may be required to wear personal protective equipment or to receive vaccinations as determined by the Public Health Director or the local public health administrator; and (d) A person entering premises used for isolation or quarantine with or without authorization of the Public Health Director or the local public health administrator may become subject to isolation or quarantine. (2) Persons subject to isolation or quarantine and other persons entering premises used for isolation or quarantine are subject to rules and orders adopted by the Public Health Director or the local public health administrator. Failure to comply with rules and orders adopted by the Public Health Director or the local public health administrator is a Class D violation. (3) If a health care facility as defined in ORS 442.015 is used as a premises for isolation or quarantine, the Public Health Director or the local public health administrator must consult with the managers of the health care facility regarding how best to meet the requirements of this section. (4) Nothing in this section prohibits a physician or other health care worker in a health care facility from having access to a person or a group of persons who is in isolation or quarantine pursuant to ORS 433.121 or 433.123 if the infection control procedures and other precautions determined necessary by the Public Health Director are adhered to by the facility and the physician or other health care worker seeking access to the isolated or quarantined person. [2007 c.445 13]
(1)(a) Any person or group of persons who is isolated or quarantined pursuant to ORS 433.121 or 433.123 may apply to the circuit court for an order to show cause why the individual or group should not be released. (b) The court shall rule on the application to show cause within 48 hours of the filing of the application. (c) The court shall grant the application if there is a reasonable basis to support the allegations in the application, and the court shall schedule a hearing on the order requiring the Public Health Director or local public health administrator to appear and to show cause within five working days of the filing of the application. (d) The issuance of an order to show cause and ordering the director or local public health administrator to appear and show cause does not stay or enjoin an isolation or quarantine order. (2)(a) A person or group of persons who is isolated or quarantined may request a hearing in the circuit court for remedies regarding breaches of the conditions of isolation or quarantine required by ORS 433.128. (b) The court shall hold a hearing if there is a reasonable basis to believe there has been a breach of the conditions of isolation or quarantine required by ORS 433.128. (c) A request for a hearing does not stay or enjoin an order for isolation or quarantine. (d) Upon receipt of a request under this subsection alleging extraordinary circumstances justifying the immediate granting of relief, the court shall hold a hearing on the matters alleged as soon as practicable. (e) If a hearing is not granted under paragraph (d) of this subsection, the court shall hold a hearing on the matters alleged within five days from receipt of the request. (3) In any proceedings brought for relief under this section, in extraordinary circumstances and for good cause shown, or with consent of the petitioner or petitioners the Public Health Director or local public health administrator may move the court to extend the time for a hearing. The court in its discretion may grant the extension giving due regard to the rights of the affected persons, the protection of the public health, the severity of the emergency and the availability of necessary witnesses and evidence. (4) If a person or group of persons who is detained cannot personally appear before the court because such an appearance poses a risk of serious harm to others, the court proceeding may be conducted by legal counsel for the person or group of persons and be held at a location, or by any means, including simultaneous electronic transmission, that allows all parties to fully participate. (5) If the court finds, by clear and convincing evidence, that a person or group of persons no longer poses a serious risk to the health and safety to others, the court may order the release of that person or group of persons from isolation or quarantine. (6) If the court finds by clear and convincing evidence that a person or group of persons is not being held in accordance with the conditions of isolation or quarantine required by ORS 433.128, the court may order an appropriate remedy to ensure compliance with ORS 433.128. [2007 c.445 14; 2009 c.595 644; 2011 c.721 6]
Upon receiving multiple petitions under ORS 433.123, 433.133 or 433.142, to promote the fair and efficient operation of justice and having given due regard to the rights of affected persons, the severity of the threat to the public health, and the availability of necessary witnesses and evidence, a court may order the consolidation of the proceedings when: (1) The number of persons involved or to be affected is so large that individual participation is rendered impracticable; (2) There are questions of law or fact common to the individual petitions or rights to be determined; (3) The group petitioner rights to be determined are typical of the affected persons petitions or rights; and (4) The entire group will be adequately represented in the consolidation. [2007 c.445 15]
(1) The circuit court shall cause to be recorded in the court records: (a) A full account of proceedings at hearings conducted pursuant to ORS 433.121, 433.123, 433.133 and 433.136; (b) The petitions, affidavits, judgments and orders of the court; and (c) A copy of the orders issued. (2) Any portion of the account of the proceedings, the transcript of testimony, the petition, any affidavit, judgment, order of the court, recording of the proceeding or any other court record may be disclosed only: (a) Upon request of a person subject to the proceedings or the legal representative or attorney of the person; (b) To the Public Health Director or a local public health administrator; or (c) Pursuant to court order, when the court finds that the petitioners interest in public disclosure outweighs the privacy interests of the individual who is the subject of the petition. [2011 c.721 9]
State and local law enforcement officials, to the extent resources are available, must assist the Public Health Director or the local public health administrator in enforcing orders issued under ORS 433.121, 433.123 and 433.142. [2007 c.445 16]
(1) The expenses incurred under ORS 433.128, when properly certified by the local public health administrator, shall be paid by the person who is isolated or quarantined, when the person is able to pay the expenses. (2) The Oregon Health Authority may provide general assistance and medical assistance for the person who is isolated or quarantined, on the basis of need, provided that no payment shall be made for the care of any such person in or under the care of any public institution, except as provided in ORS 411.439 and 411.447, or public agency or municipality. [Amended by 1971 c.779 64; 2007 c.445 29; 2009 c.595 645; 2015 c.836 4]
(1) As used in this section, "to isolate property" means to restrict access to property in a manner that reduces or prevents exposure to a toxic substance by persons. (2) The Public Health Director or a local public health administrator may petition the circuit court to isolate property if there is reason to believe the property is contaminated with a toxic substance that poses a serious risk to the health and safety of others. (3) The petition must: (a) Describe the property subject to isolation; (b)(A) Describe the reasonable efforts made to obtain voluntary compliance from the owner or custodian of the property with public health measures necessary to isolate the property; or (B) Explain why reasonable efforts to obtain voluntary compliance are not possible and why the pursuit of these efforts creates a risk of serious harm to others; (c) Describe the suspected toxic substance and the health effects of exposure to the toxic substance; (d) Provide information supporting the reasonable belief of the Public Health Director or the local public health administrator that the toxic substance could spread to or contaminate others if remedial action is not taken; (e) Provide information supporting the reasonable belief of the Public Health Director or the local public health administrator that the toxic substance poses a serious risk to the health and safety of others if the property is not isolated; (f) Explain why isolation of the property is the least restrictive means available to prevent a serious risk to the health and safety of others; and (g) Explain whether the property subject to isolation can be decontaminated or whether the property must be destroyed. (4) The petition must be personally served on the owner or custodian of the property. (5)(a) The court shall hold a hearing within 72 hours of the filing of the petition, exclusive of Saturdays, Sundays and legal holidays. (b) For good cause shown, or with consent of the affected owner or custodian of the property, the Public Health Director or the local public health administrator may apply to continue the hearing date for up to 10 days, which continuance the court may grant at its discretion giving due regard to the rights of the affected owner or custodian of the property, the protection of the public health, the severity of the public health threat and the availability of necessary witnesses and evidence. (c) A hearing may be waived by the owner or custodian of the property. (6) The court shall grant the petition if, by clear and convincing evidence, the court finds that isolation of property contaminated with a toxic substance is necessary to prevent a serious risk to the health and safety of others. An order authorizing isolation remains in effect until the toxic substance no longer poses a serious risk to the health and safety of others. (7) The court order must: (a) Identify the property to be isolated; (b) Specify factual findings warranting isolation, including a description of the toxic substance believed to be contaminating the property; (c) Include any conditions necessary to ensure that isolation is carried out within the stated purposes and restrictions of this section; and (d) Describe the remedial actions necessary to neutralize or remove the contamination. [2007 c.445 17; 2011 c.721 7]
(1) Any city or municipality may establish a quarantine hospital within or without its own limits, but if within its own limits, consent of the municipality within which it is proposed to establish such hospital shall be first obtained. Such consent shall not be necessary if the hospital is more than 800 feet from any occupied house or public highway. (2) When a great emergency exists the board of health may seize and occupy temporarily for such quarantine hospital any suitable vacant house or building within its jurisdiction and the board of health of any city or municipality having a quarantine hospital shall have control over the same. However, in case of use of such house or premises, due compensation shall be tendered for their use.
All state and local law enforcement authorities shall cooperate with any officer authorized to impose isolation or quarantine in the enforcement thereof. [1973 c.259 14 (enacted in lieu of 433.155); 2007 c.445 18a]
If the Public Health Director finds that there is an imminent risk of the introduction into the state by means of any public or private conveyance of any dangerous communicable disease or toxic substance which presents a substantial threat to public health, the director may detain such conveyance for inspection or investigation. [1973 c.259 16 (enacted in lieu of 433.215); 1987 c.600 13; 2007 c.445 19]
(1) If upon inspection pursuant to ORS 433.216, there is discovered among the passengers or goods being transported by any public or private conveyance the existence of any communicable disease or toxic substance that presents a substantial threat to public health, the Public Health Director, under rules of the Oregon Health Authority, may: (a) Issue an order for testing, medical examination or treatment under ORS 433.035. (b) Isolate or quarantine such persons or goods in accordance with ORS 433.121, 433.123 or 433.142. (c) Require the passengers and persons conveying materials to follow the authoritys rules for the control of the specific communicable disease or prevention of harm to the public health from the toxic substance. (d) Offer free immunization in those diseases to which such prophylactic treatment is applicable to all persons exposed in any conveyance. (2) Should any question arise as to the existence of any emergency, the Public Health Director shall have final jurisdiction. [Amended by 1973 c.259 17; 1987 c.600 14; 2007 c.445 20; 2009 c.595 646]
As used in ORS 433.235 to 433.284: (1) "Administrator" means the principal or other person having general control and supervision of a school or childrens facility. (2) "Childrens facility" or "facility" means: (a) A certified child care facility as described in ORS 329A.030 and 329A.250 to 329A.450, except as exempted by rule of the Oregon Health Authority; (b) A program operated by, or sharing the premises with, a certified child care facility, school or post-secondary institution where care is provided to children, six weeks of age to kindergarten entry, except as exempted by rule of the authority; or (c) A program providing child care or educational services to children, six weeks of age to kindergarten entry, in a residential or nonresidential setting, except as exempted by rule of the authority. (3) "Local health department" has the meaning given that term in ORS 431.003. (4) "Parent" means a parent or guardian of a child or any adult responsible for the child. (5) "Physician" means a physician licensed by the Oregon Medical Board or by the Oregon Board of Naturopathic Medicine or a physician similarly licensed by another state or country in which the physician practices or a commissioned medical officer of the Armed Forces or Public Health Service of the United States. (6) "School" means a public, private, parochial, charter or alternative educational program offering kindergarten through grade 12 or any part thereof, except as exempted by rule of the authority. [Formerly 433.263; 1991 c.255 1; 1995 c.278 55; 2001 c.900 156; 2003 c.14 246; 2005 c.343 1; 2009 c.43 5; 2009 c.595 647; 2015 c.736 80]
(1) In adopting ORS 433.235 to 433.284, the Legislative Assembly recognizes the obligation of parents to have their children properly immunized and to provide to schools and facilities accurate records of immunization. (2) Notwithstanding ORS 339.030, nothing in ORS 433.235 to 433.284 operates to remove parental liability under compulsory attendance laws. [1981 c.78 9,10; 1985 c.579 5; 1989 c.619 6]
(1) The Director of the Oregon Health Authority shall appoint a committee to advise the Oregon Health Authority on the administration of the provisions of ORS 433.235 to 433.284, including the adoption of rules pursuant to ORS 433.269 (2), 433.273, 433.282 and 433.283. (2) Members of the committee appointed pursuant to subsection (1) of this section shall include, but need not be limited to, representatives of the Oregon Health Authority, the Department of Human Services, the Department of Education, public, private and parochial schools, childrens facilities, institutions of post-secondary education, education service districts, local health departments, the boards of county commissioners or county courts and the public. [1981 c.78 8; 1991 c.255 2; 2009 c.595 648]
Except in strict conformity with the rules of the Oregon Health Authority, no child or employee shall be permitted to be in any school or childrens facility when: (1) That child or employee has any restrictable disease; (2) That child or employee comes from any house in which exists any restrictable disease; or (3) That child has been excluded as provided in ORS 433.267 (5) or (7). [Amended by 1973 c.259 18; 1981 c.78 2; 1989 c.224 88; 1991 c.67 115; 1991 c.255 4; 2005 c.343 2; 2009 c.595 649]
(1) Whenever any administrator has reason to suspect that any child or employee has or has been exposed to any restrictable disease and is required by the rules of the Oregon Health Authority to be excluded from a school or childrens facility, the administrator shall send such person home and, if the disease is one that must be reported to the authority, report the occurrence to the local health department by the most direct means available. (2) Any person excluded under subsection (1) of this section may not be permitted to be in the school or facility until the person presents a certificate from a physician, physician assistant licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, local health department nurse or school nurse stating that the person does not have or is not a carrier of any restrictable disease. [Amended by 1973 c.259 19; 1979 c.731 7; 1981 c.78 3; 1989 c.224 89; 1991 c.255 5; 2001 c.900 157; 2005 c.471 1; 2009 c.595 650; 2014 c.45 55]
[1973 c.566 1; 1979 c.731 8; 1981 c.78 1; renumbered 433.235]
(1) As a condition of attendance in any school or childrens 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, one of the following: (a) A document signed by the parent, a practitioner of the healing arts who has within the scope of the practitioners 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; 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. (2)(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 or who have reached the age of consent for medical care pursuant to ORS 109.640 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 childs 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. (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]
(1) A local public health authority shall ensure that immunizations required under ORS 433.282 and 433.283 and the rules adopted pursuant to ORS 433.273 for attendance at a school, childrens facility or post-secondary educational institution are available through local health care providers or the local public health authority or its contractors: (a) To the entire population of the area served by the local public health authority in convenient areas and at convenient times. (b) Regardless of whether a child or student is able to pay for the immunization. (2)(a) Each local public health authority, school and childrens facility shall report annually to the Oregon Health Authority on: (A) The number of children in the area served by the local public health authority, school or childrens facility; and (B) The number of children in the area served by the local public health authority, school or childrens facility who are susceptible to restrictable disease as prescribed by the Oregon Health Authoritys rules pursuant to ORS 433.273. (b) Each school and childrens facility shall report annually to the Oregon Health Authority on the number of children in the area served by the school or childrens facility who are in attendance at the school or childrens facility conditionally because of an incomplete immunization schedule. (c) Each local public health authority shall make available to each school and childrens facility in the area served by the local public health authority data on the immunization rate, by disease, of children in the area. Upon request, the Oregon Health Authority shall assist local public health authorities in compiling data for purposes of this paragraph. (d) A child exempted under ORS 433.267 is susceptible to restrictable disease for purposes of this subsection. (3)(a) For the purpose of providing parents with the information necessary to protect their childrens health, each school and childrens facility shall make available the information reported and received by the school and childrens facility pursuant to subsection (2) of this section: (A) At the main office of the school or childrens facility; (B) On the schools or school districts website or on the childrens facilitys website, if available; and (C) To the parents of the children who attend the school or childrens facility, in the form of a paper document or electronic communication that includes the information in a clear and easy to understand manner. (b) The information required to be made available under paragraph (a) of this subsection must be made available at the beginning of each school year and not later than one month after the date that children may be excluded as provided by ORS 433.267. (4) The administrator of a school or childrens facility shall maintain immunization records of children, including children who are in attendance at the school or childrens facility conditionally because of an incomplete immunization schedule and children who are exempted as described in ORS 433.267 (1)(b) and (c). [1973 c.566 3; 1981 c.78 5; 1991 c.255 6; 2009 c.595 652; 2015 c.802 1; 2019 c.456 35]
The Oregon Health Authority may not purchase or distribute a pediatric vaccine necessary for school entry immunization requirements if the vaccine contains thimerosal, unless thimerosal is detectable only in trace amounts or no other vaccine for the same purpose is commercially available in a form that does not contain thimerosal. The authority may purchase and distribute a pediatric vaccine that contains thimerosal if no other vaccine for the same purpose is commercially available in a form that does not contain thimerosal. [2001 c.720 2; 2009 c.595 653] Note: 433.271 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
The Oregon Health Authority shall adopt rules pertaining to the implementation of ORS 433.235 to 433.284, which shall include, but need not be limited to: (1) The definition of "restrictable" disease; (2) The required immunization against diseases; (3) The time schedule for immunization; (4) The approved means of immunization; (5) The procedures and time schedule whereby children may be excluded from attendance in schools or childrens facilities under ORS 433.267 (1)(b) and (c), provided that the authority includes as part of those procedures service of notice to parents; (6) The manner in which immunization records for children are established, evaluated and maintained; (7) Exemptions for schools and childrens facilities, including exemptions from the reporting requirements of ORS 433.269 (2) and exemptions from the requirement under ORS 433.269 (3) to make information available; (8) The implementation of ORS 433.282 and 433.283; (9) The process for approving a vaccine educational module; (10) Criteria for a vaccine educational module, including the requirement that a vaccine educational module present information that is consistent with information published by the Centers for Disease Control and Prevention concerning: (a) Epidemiology; (b) The prevention of disease through the use of vaccinations; and (c) The safety and efficacy of vaccines; and (11) Documentation required to verify completion of a vaccine educational module, including the qualifications of persons who may certify the completion. [1973 c.566 4; 1977 c.457 2; 1981 c.78 6; 1991 c.255 7; 2009 c.595 654; 2013 c.516 2; 2015 c.802 2]
Nothing in ORS 179.505, 192.553 to 192.581, 326.565, 326.575 or 336.187 prevents: (1) Inspection by or release to administrators by local health departments of information relating to the status of a persons immunization against restrictable diseases without the consent of the person, if the person has been emancipated or has reached the age of majority, or the parent of a child. (2) Local health departments from releasing information concerning the status of a persons immunization against restrictable diseases by telephone to the parent, administrators and public health officials. [1981 c.78 11; 1991 c.255 8; 2003 c.86 12]
(1) As used in this section, "post-secondary institution of education" means: (a) A public university listed in ORS 352.002; (b) A community college operated under ORS chapter 341; or (c) An Oregon-based, generally accredited, private institution of higher education. (2) Each post-secondary institution of education that provides housing for students shall provide to each student enrolling or registering at the institution for the first time information on vaccine-preventable diseases known to occur in individuals between 16 and 21 years of age, including: (a) The signs and symptoms associated with, and options for treating, vaccine-preventable diseases known to occur in individuals between 16 and 21 years of age; (b) The circumstances that create a risk of acquiring a vaccine-preventable disease known to occur in individuals between 16 and 21 years of age, including the circumstance of living in group quarters; (c) Recommendations by the Centers for Disease Control and Prevention with respect to vaccines recommended to be categorized as category A or category B by the federal Advisory Committee on Immunization Practices, and vaccines recognized as category A or category B by the Centers for Disease Control and Prevention; (d) Any additional information on the availability, benefits and risks and limitations of vaccines for vaccine-preventable diseases known to occur in individuals between 16 and 21 years of age, as determined by the institution; and (e) Information on where to receive a vaccination. (3) At a minimum, information provided under subsection (2) of this section must cover vaccine-preventable diseases for which the Centers for Disease Control and Prevention recommend vaccination for individuals between 16 and 21 years of age. (4) In developing information on vaccine-preventable diseases under this section, a post-secondary institution of education shall consult the Oregon Health Authority or the Centers for Disease Control and Prevention. (5) If a post-secondary institution of education provides electronic enrollment or registration for students enrolling or registering at the institution for the first time, the institution shall provide the information required by this section electronically at the time of enrollment or registration. (6) This section does not create a private right of action against a post-secondary institution of education. [2017 c.323 2]
(1) The Oregon Health Authority may require each post-secondary educational institution, except a community college or a career school, to require, using procedures developed by the institution, each full-time student to be immunized, as required for children attending school pursuant to rules adopted by the authority under ORS 433.273, before the students second quarter or semester of enrollment on the campus of the institution. (2) Notwithstanding subsection (1) of this section, the authority may require each post-secondary educational institution, except a community college or a career school, to document, using procedures developed by the institution, that each full-time student has been immunized, as required for children attending school pursuant to rules adopted by the authority under ORS 433.273, before the student attends classes if the student will be attending the institution pursuant to a nonimmigrant visa. (3) The authority by rule shall establish immunization schedules for purposes of this section. (4) The authority by rule may limit the students and programs to which the requirements of this section apply. (5) The authority may conduct validation surveys to ensure compliance with the requirements of this section. [1991 c.255 10; 1995 c.343 48; 2005 c.343 4; 2009 c.595 654a; 2017 c.323 3]
(1) The Oregon Health Authority may require each community college to require that students involved in clinical experiences in allied health programs, practicum experiences in education and child care programs and membership on intercollegiate sports teams have current immunizations for measles prior to each students participation. The requirement shall apply only to those students born on or after January 1, 1957. (2) The Higher Education Coordinating Commission by rule shall define clinical experiences in allied health programs, practicum experiences in education and child care programs and membership on intercollegiate sports teams at the community colleges. The Oregon Health Authority by rule shall establish immunization schedules and may further limit the students and programs to which the requirement applies. Each community college shall develop procedures to implement and maintain this requirement. (3) The authority may conduct validation surveys to ensure compliance with this section. Community colleges shall be required to keep immunization records only while the student is involved in the program. [1991 c.255 11; 2009 c.595 654b; 2013 c.747 181]
Private schools, childrens facilities and post-secondary educational institutions may adopt additional or more stringent requirements as long as exemptions are included and the requirements are in compliance with the United States Public Health Service Advisory Committee on Immunization Practices recommendations. [1991 c.255 12; 2013 c.516 3]
(1) It hereby is declared to be a matter of public policy of the State of Oregon that in the interest of public health and the prevention of mental retardation, every infant, shall be given tests approved by the Oregon Health Authority for the detection of the disease of phenylketonuria and other metabolic diseases. (2) The authority by rule shall specify the diseases for which infants shall be tested under subsection (1) of this section, the appropriate time following delivery for collecting specimens, the manner in which the specimens are to be submitted, the persons responsible for submitting the specimens, the methods of testing and the manner of payment of the fees. (3) The testing required by subsection (1) of this section shall not be required if the infant is being reared as an adherent to a religion the teachings of which are opposed to such testing. The person responsible for submitting specimens under the rules of the authority shall be responsible for submitting a statement signed by the infants parent that the infant is being so reared. The authority by rule shall prescribe the form of the statement. (4) The authority shall adopt by rule a procedure whereby the fees established under subsection (2) of this section shall be waived and no infant refused service because of the parents inability to pay the fee. (5) The authority by rule shall prescribe the procedure to be followed in cases where initial testing for metabolic diseases is administered too early to detect these diseases, where the sample submitted for testing is improperly collected and where a sample shows an abnormal result. The authority, within the limits of funds available from fees collected under this section, shall institute a pilot program for follow-up on abnormal test results. [1963 c.190 1; 1965 c.88 1; 1977 c.582 34; 1981 c.630 2; 1983 c.490 2; 2009 c.595 655]
(1) The Legislative Assembly finds that many newborn children are given their first tests for metabolic diseases too early for the detection of these diseases because parents remove these newborn infants from the hospital before the optimum testing period commences. To assure proper first testing and follow-up testing and increase knowledge about the nature and results of these diseases, the Oregon Health Authority shall institute and carry on an intensive educational program among physicians, naturopathic physicians, hospitals, public health nurses, the parents of newborn children and the public concerning the disease of phenylketonuria and other metabolic diseases. This educational program shall include information concerning: (a) The nature of these diseases; and (b) Examinations for the detection of these diseases in infancy in order that measures may be taken to prevent the mental retardation resulting from these diseases. (2) The authority shall make a special effort specifically to inform expectant parents and parents of newborn children of the necessity of newborn infants receiving appropriate tests within the optimum time range after birth to prevent the mental retardation or other serious complications resulting from these diseases. [1963 c.190 2; 1977 c.582 35; 1983 c.490 1; 2009 c.595 656; 2017 c.356 64]
(1) All physicians, public health nurses and the administrators of hospitals shall report the discovery of cases of phenylketonuria to the Oregon Health Authority. (2) The authority shall furnish forms that all physicians, public health nurses and hospitals shall use to report to the authority the test results for phenylketonuria. [1963 c.190 3; 2009 c.595 657]
(1) The Oregon Health Authority shall compile information on the following: (a) The transmission of congenital cytomegalovirus; (b) The signs and symptoms of and methods of diagnosing congenital cytomegalovirus; (c) The potential complications associated with congenital cytomegalovirus; and (d) Treating and managing congenital cytomegalovirus. (2) The authority shall disseminate the information described in subsection (1) of this section to hospitals, birthing centers, diagnostic facilities that conduct newborn hearing screening tests, health care providers and the public. The authority must disseminate the information through print publications. The authority also may disseminate the information through electronic publications, video productions or any other method determined to be cost-effective by the authority. [2017 c.426 2] Note: 433.298 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) The Newborn Bloodspot Screening Advisory Board is established in the Oregon Health Authority. (2) The board consists of 13 voting members appointed by the Director of the Oregon Health Authority as follows: (a) One member who is a person affected by a disorder included in the newborn screening panel or a family member of a person affected by a disorder included in the newborn screening panel; (b) One member who is a licensed physician who by contract provides expert medical advice and consulting services to the Northwest Regional Newborn Bloodspot Screening Program; (c) One member who is a representative of Medicaid or the insurance industry; (d) Two members who are representatives of birthing centers or hospitals; (e) One member who is a representative of an entity that contracts with the Northwest Regional Newborn Bloodspot Screening Program for newborn bloodspot screening services; (f) Three members who are representatives of advocacy associations regarding newborns with medical conditions or rare disorders; (g) One member who is a representative of a statewide association of nurses; (h) One member who is a representative of a statewide association of midwives; and (i) Two members who are representatives of a statewide association of pediatricians. (3) In addition the requirements provided in subsection (2) of this section, one or more of the following professions must be represented as a voting member of the board: (a) Neonatal intensive care specialist; (b) Licensed physician or nurse practitioner who is board certified in obstetrics, pediatrics or neonatology; (c) Obstetrician or gynecologist; (d) Nurse; (e) Ethicist; (f) Geneticist; (g) Dietician; and (h) Educator. (4) To the greatest extent practicable, the director shall appoint members from a diverse range of socioeconomic, racial and ethnic backgrounds. (5) In addition to the 13 voting members provided for in subsection (2) of this section, members of the Legislative Assembly or employees of the Oregon Health Authority may serve as nonvoting members. (6) The term of office of each voting member of the board is four years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become immediately effective for the unexpired term. (7) A voting member of the board is entitled to compensation and expenses as provided in ORS 292.495. (8) The board shall select two of its members to jointly serve as chairpersons and another as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of the offices as the board determines. One chairperson must be a voting member and the other chairperson must be the manager of the Northwest Regional Newborn Bloodspot Screening Program or the managers designee. The manager or managers designee must be a nonvoting member. (9) A majority of the voting members of the board constitutes a quorum for the transaction of business. (10) The board shall meet at least once every six months at a time and place determined by the board. The board also may meet at other times and places specified by the call of one or both chairpersons or of a majority of the voting members of the board. (11) The board shall report its findings and recommendations for legislative changes to the committees or interim committees of the Legislative Assembly related to health in the manner provided under ORS 192.245 no later than September 15 of each even-numbered year. [2019 c.109 1] Note: 433.299 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) As used in this section, "community" means a geographic region, county, tribe or other group of individuals living in proximity as defined by the Oregon Health Authority by rule. (2) The authority shall design, implement and maintain a voluntary statewide program to provide universal newborn nurse home visiting services to all families with newborns residing in this state to support healthy child development and strengthen families. The authority shall design the universal newborn nurse home visiting program to be flexible so as to meet the needs of the communities where the program operates. (3) In designing the program described in subsection (2) of this section, the authority shall consult, coordinate and collaborate, as necessary, with insurers that offer health benefit plans in this state, hospitals, local public health authorities, the Early Learning Division, existing early childhood home visiting programs, community-based organizations and social service providers. (4) The program must provide nurse home visiting services that are: (a) Based on criteria established by the United States Department of Health and Human Services for an evidence-based early childhood home visiting service delivery model; (b) Provided by registered nurses licensed in this state to families caring for newborns up to the age of six months, including foster and adoptive newborns; (c) Provided in the familys home; and (d) Aimed at improving outcomes in one or more of the following domains: (A) Child health; (B) Child development and school readiness; (C) Family economic self-sufficiency; (D) Maternal health; (E) Positive parenting; (F) Reducing child mistreatment; (G) Reducing juvenile delinquency; (H) Reducing family violence; or (I) Reducing crime. (5) The services provided in the program must: (a) Be voluntary and carry no negative consequences for a family that declines to participate; (b) Be offered in every community in this state; (c) Include an evidence-based assessment of the physical, social and emotional factors affecting the family; (d) Be offered to all families with newborns residing in the community where the program operates; (e) Include at least one visit during a newborns first three months of life with the opportunity for the family to choose up to three additional visits; (f) Include a follow-up visit no later than three months after the last visit; and (g) Provide information and referrals to address each familys identified needs. (6) The authority shall collect and analyze data generated by the program to assess the effectiveness of the program in meeting the aims described in subsection (4)(d) of this section and shall work with other state agencies to develop protocols for sharing data, including the timely sharing of data with primary care providers of care to the families with newborns receiving the services. (7) In collaboration with the Department of Consumer and Business Services, the authority shall adopt by rule, consistent with the provisions of this section, criteria for universal newborn nurse home visiting services that must be covered by health benefit plans in accordance with ORS 743A.078. [2019 c.552 1] Note: The amendments to 433.301 by section 59, chapter 631, Oregon Laws 2021, become operative January 1, 2023. See section 64, chapter 631, Oregon Laws 2021. The text that is operative on and after January 1, 2023, is set forth for the users convenience. (1) As used in this section, "community" means a geographic region, county, tribe or other group of individuals living in proximity as defined by the Oregon Health Authority by rule. (2) The authority shall design, implement and maintain a voluntary statewide program to provide universal newborn nurse home visiting services to all families with newborns residing in this state to support healthy child development and strengthen families. The authority shall design the universal newborn nurse home visiting program to be flexible so as to meet the needs of the communities where the program operates. (3) In designing the program described in subsection (2) of this section, the authority shall consult, coordinate and collaborate, as necessary, with insurers that offer health benefit plans in this state, hospitals, local public health authorities, the Department of Early Learning and Care, existing early childhood home visiting programs, community-based organizations and social service providers. (4) The program must provide nurse home visiting services that are: (a) Based on criteria established by the United States Department of Health and Human Services for an evidence-based early childhood home visiting service delivery model; (b) Provided by registered nurses licensed in this state to families caring for newborns up to the age of six months, including foster and adoptive newborns; (c) Provided in the familys home; and (d) Aimed at improving outcomes in one or more of the following domains: (A) Child health; (B) Child development and school readiness; (C) Family economic self-sufficiency; (D) Maternal health; (E) Positive parenting; (F) Reducing child mistreatment; (G) Reducing juvenile delinquency; (H) Reducing family violence; or (I) Reducing crime. (5) The services provided in the program must: (a) Be voluntary and carry no negative consequences for a family that declines to participate; (b) Be offered in every community in this state; (c) Include an evidence-based assessment of the physical, social and emotional factors affecting the family; (d) Be offered to all families with newborns residing in the community where the program operates; (e) Include at least one visit during a newborns first three months of life with the opportunity for the family to choose up to three additional visits; (f) Include a follow-up visit no later than three months after the last visit; and (g) Provide information and referrals to address each familys identified needs. (6) The authority shall collect and analyze data generated by the program to assess the effectiveness of the program in meeting the aims described in subsection (4)(d) of this section and shall work with other state agencies to develop protocols for sharing data, including the timely sharing of data with primary care providers of care to the families with newborns receiving the services. (7) In collaboration with the Department of Consumer and Business Services, the authority shall adopt by rule, consistent with the provisions of this section, criteria for universal newborn nurse home visiting services that must be covered by health benefit plans in accordance with ORS 743A.078. Note: 433.301 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
It is the policy of the State of Oregon that all newborn infants born in hospital or out of hospital receive vitamin K before they are 24 hours old. [1983 c.585 1]
(1) A physician licensed under ORS chapter 677, 684 or 685 or a midwife attending the mother at the birth of a child is responsible for ensuring that the newborn infant receives vitamin K within 24 hours after birth by the most effective means. (2) The procedure described in subsection (1) of this section does not apply to any newborn infant whose parents object to the procedure on grounds that the procedure conflicts with the religious tenets and practices of the parents. To make an objection under this subsection, the parents must sign a statement attesting that the procedure conflicts with the religious tenets and practices of the parents. (3) A newborn infant may not be refused the procedure described in subsection (1) of this section because of the parents inability to pay for the procedure. [1983 c.585 2; 2017 c.162 1]
[Amended by 1969 c.314 41; 1969 c.685 17; renumbered 438.410]
(1) The Oregon Health Authority, in consultation with the Oregon Pediatric Society, shall establish by rule the appropriate dosage of vitamin K to be administered pursuant to ORS 433.306 and the most effective procedures for administering vitamin K. (2) The authority, in cooperation with the licensing boards established in ORS chapters 677, 684 and 685, shall notify the licensing boards licensees of rules established under this section. The authority also shall notify any association of midwives. [1983 c.585 3; 2009 c.595 658; 2017 c.162 2]
The Oregon Health Authority shall institute and carry on an educational program among physicians licensed under ORS 677.100 to 677.228, naturopathic physicians, chiropractors, midwives, potential parents and the public concerning the need for newborn infants to receive vitamin K within 24 hours after birth. [1983 c.585 4; 2009 c.595 659; 2017 c.409 15]
(1) As used in this section, "birthing facility" means a health care facility, as defined in ORS 442.015, that provides services related to the delivery of newborns. (2) The Oregon Health Authority shall adopt rules requiring birthing facilities located in this state to perform a pulse oximetry screening on each newborn delivered at the birthing facility before discharging the newborn. [2013 c.334 1] Note: 433.318 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) In all Oregon hospitals and birthing centers where more than 200 live births occur per year, each newborn child must receive a newborn hearing screening test. A hospital or birthing center shall attempt to conduct the test required under this subsection prior to the discharge of the newborn child from the facility. (2) All Oregon hospitals and birthing centers where fewer than 200 live births occur per year shall provide the parent or guardian of a newborn child with the appropriate information furnished by the Oregon Health Authority concerning the importance of newborn hearing screening tests. (3) All Oregon hospitals and birthing centers conducting newborn hearing screening tests, within 10 days of conducting a newborn hearing screening test, shall: (a) Notify the parent or guardian and the health care provider of the newborn child of the test results; (b) Provide the parent or guardian with names and contact information for diagnostic facilities that conduct newborn hearing screening tests in the community and with materials developed pursuant to ORS 433.298; and (c) Report to the authority the results of the test for the newborn child and information identifying the newborn child. (4) A diagnostic facility conducting newborn hearing screening tests, within 10 days of conducting a newborn hearing screening test, shall report to the authority the results of the test for the newborn child and information identifying the newborn child. If a diagnostic facility conducting newborn hearing screening tests detects hearing loss in a newborn child, the diagnostic facility shall provide to the parent or guardian materials developed pursuant to ORS 433.298. (5) Each public and private educational institution that provides early intervention services as defined in ORS 343.035 shall disclose to the authority information identifying the children referred to the educational institution with diagnosed hearing loss and the enrollment status of the children. The institution may disclose to the authority additional information regarding children with hearing loss who are receiving early intervention services if the educational institution has obtained consent to disclose the information. (6) The authority, in collaboration with the Child Development and Rehabilitation Center of the Oregon Health and Science University, shall, on an annual basis, provide to all Oregon hospitals and birthing centers the following information: (a) A description of the responsibilities created by this section; (b) A list of appropriate screening devices and descriptions of training protocols to ensure that staff members are adequately trained in the use of hearing screening equipment; (c) A list of diagnostic facilities that conduct newborn hearing screening tests; (d) Using evidence-based best practice standards, a recommended schedule for conducting newborn hearing screening tests, and for referring parents and guardians to health care providers for the purpose of diagnosing whether the newborn child has congenital cytomegalovirus, within 21 days of the newborn childs date of birth; (e) A list of public and private educational institutions that provide early intervention services and a description of the geographic area served by each institution; and (f) Other information related to newborn hearing screening tests that the authority deems appropriate. (7) A hospital or birthing center described in subsection (1) of this section is exempt from providing newborn hearing screening tests if the parent or guardian of the newborn child objects to the testing procedure on the grounds that the procedure conflicts with the religious tenets and practices of the parent or guardian. The parent or guardian must sign a statement that the newborn child is being reared in accordance with those religious tenets and practices. (8) A newborn child may not be refused the procedure described in subsection (1) of this section because of an inability of the parent or guardian to pay for the procedure. [1999 c.958 1; 2003 c.240 1; 2009 c.595 660; 2017 c.426 1] Note: 433.321 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) As used in this section: (a) "Newborn hearing screening test registry" means a listing of newborn children and information related to their newborn hearing screening tests. (b) "Tracking and recall system" means a system attached to the newborn hearing screening test registry designed to contact the parent or guardian of a newborn child listed in the newborn hearing screening test registry for the purposes of assisting in testing and in enrollment of the newborn child in early intervention services in a timely manner. (2) The Oregon Health Authority shall implement a newborn hearing screening test registry and tracking and recall system. The registry and system shall include, but are not limited to, the following: (a) Information on the results of newborn hearing screening tests performed at Oregon hospitals, birthing centers and diagnostic facilities. (b) Notification of the parent or guardian and the health care provider of a newborn child and of the local public health authority, as defined in ORS 431.003, of the county in which the parent or guardian resides when the system indicates that a newborn child has not received a newborn hearing screening test, has been referred to a diagnostic facility for a diagnostic evaluation but has not received the evaluation or has been diagnosed with hearing loss but has not been enrolled in an educational institution providing early intervention services. (3) The Oregon Health Authority shall adopt rules: (a) Implementing this section and ORS 433.321; (b) Ensuring the privacy of individuals about whom information is collected pursuant to this section and ORS 433.321; and (c) Specifying the forms to be used by hospitals, birthing centers, diagnostic facilities and educational institutions to provide the information required under this section and ORS 433.321. (4) The authority shall analyze the information collected under this section to determine the efficacy of this section and ORS 433.321 in identifying hearing loss in the newborn child population and enrolling newborn children in early intervention services. (5) The authority shall issue an annual report detailing the results of newborn hearing screening tests, diagnostic evaluations and participation in early intervention services. (6) The authority shall implement the newborn hearing screening test registry within existing resources. The authority may accept contributions of funds and assistance from the United States Government or its agencies or from any other source, public or private, and agree to conditions not inconsistent with the purposes of the registry. [1999 c.958 2; 2003 c.240 2; 2009 c.595 661; 2015 c.736 81] Note: 433.323 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
[Amended by 1969 c.685 19; renumbered 438.420]
The purpose of ORS 433.321, 433.323 and 433.327 and section 4, chapter 240, Oregon Laws 2003, is to waive the requirement of authorization to disclose information from, or provide information to, the record of a newborn child in the newborn hearing screening test registry and to waive confidentiality in regard to this information. The waiver allows providers, the Oregon Health Authority and local health departments and their agents, parents or guardians and diagnostic facilities to share information from the newborn hearing screening test registry without violating confidentiality. The newborn hearing screening test registry and the associated tracking and recall system are designed to increase early and appropriate intervention to minimize delays in developing language skills by the children of this state. [2003 c.240 5; 2009 c.595 662] Note: 433.326 and 433.327 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
A person may not maintain an action for damages against an Oregon hospital, birthing center, diagnostic facility or educational institution offering early intervention services as defined in ORS 343.035 or their employees for disclosures of information made in good faith in accordance with ORS 433.321 and 433.323. [2003 c.240 3] Note: See note under 433.326.
Any representative of a religious denomination, householder, nurse, parent, guardian or other person attending to, or in any way having knowledge of the existence of a case of pulmonary tuberculosis, including the affected person, must immediately report the fact to the Oregon Health Authority. The names and addresses of all persons reported as having pulmonary tuberculosis shall be recorded with the authority. [Formerly 437.010] Note: 433.329 and 433.332 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
The Oregon Health Authority shall, upon receiving a report that any person has tuberculosis, make such investigation of the case as is necessary to determine whether or not the person reported has communicable tuberculosis. Upon finding that any person has communicable tuberculosis, the authority shall exercise such control over the affected person and contacts with other persons as may be necessary for the protection of the public health, pursuant to its rules and regulations. In exercising such control over any person who has communicable tuberculosis the authority may make such rules or orders governing such persons conduct as are necessary to prevent the spread of the disease. [Formerly 437.030] Note: See note under 433.329.
[Amended by 1969 c.685 15; renumbered 438.450]
As used in ORS 433.340 to 433.390 unless the context requires otherwise: (1) "Animal" means a dog or other animal of a species susceptible to rabies. (2) "Owner" means any person having a right of property in an animal or who harbors an animal or who has it in the care of the person, or acts as its custodian, or who knowingly permits an animal to remain on or about any premises occupied by the person. "Owner" does not include veterinarians or kennel operators temporarily maintaining on their premises animals owned by other persons for a period of not more than 30 days. [1971 c.413 1]
(1) If an animal bites a person and the bite causes a break in the skin, or if an animal is suspected of rabies or has been in close contact with an animal suspected of rabies, the facts shall be immediately reported to the local health officer by any person having direct knowledge. (2) The Oregon Health Authority, in consultation with the State Department of Agriculture, shall promulgate rules relating to the handling and disposition of animals that have bitten a person or are suspected of rabies or that have been in close contact with an animal suspected of rabies. Such rules may include requirements for confinement, isolation and inoculation. Owners or persons in possession of animals subject to such rules, shall handle or dispose or allow the handling or disposal of such animals strictly in accordance with such rules. [1971 c.413 2; 1977 c.189 4; 2001 c.636 2; 2009 c.595 663]
When confinement and observation of an animal for purposes of determining infection with rabies will not avoid the necessity of the application of painful or possibly dangerous preventative treatment to a person who has been bitten or scratched by such animal, the Director of the Oregon Health Authority may order possession of the animal to be immediately relinquished to the director or to the authorized representative of the director and may order the animal destroyed for examination of its bodily tissues. [1971 c.413 3; 2009 c.595 664]
(1) In the event of the refusal of the owner or person in possession of an animal to comply with an order of the Director of the Oregon Health Authority under ORS 433.350, the director or the authorized representative of the director may petition the circuit court of the county in which such animal is located for an order requiring such owner or person to comply with such order. (2) The petition shall be verified and shall set forth the facts relative to the refusal to comply with the order. A copy of the petition shall be served upon the owner or person in possession of the animal in the manner provided for service of summons in civil actions. Such owner or person in possession shall appear and answer the petition at a time and place set by the court in an order, a copy of which shall be served with the petition, directing the defendant to appear at such time and place, and to then and there show cause, if any, why an order directing compliance with the order of the director should not be granted. The time set by the court for the hearing to show cause shall be made with due regard for the circumstances of the person or persons who have been subjected to the bite or scratch of the animal and whose health or life may be in jeopardy. (3) If the owner or person in possession fails to appear or the court either with or without such appearance finds the allegations of the petition are true and the order of the director is necessary under ORS 433.350, the court shall enter its order requiring the owner or person in possession of such animal to comply with the order of the director. (4) The sheriff of the county in which the animal is located shall execute such order by serving upon the owner or person in possession a copy thereof duly certified to by the clerk of the circuit court and by enforcing the provisions thereof. [1971 c.413 4; 2009 c.595 665]
(1) Whenever a case of animal rabies occurs, the fact shall be reported to the Director of the Oregon Health Authority and to the State Department of Agriculture immediately. (2) The department, in consultation with the Oregon Health Authority, shall establish a quarantine pursuant to ORS chapter 596 if the department and the authority find that a quarantine is necessary. (3) The department and the authority may contract with counties for the purpose of carrying out the provisions of ORS 433.350, 433.355 and subsection (2) of this section. [1971 c.413 5; 1975 c.750 1; 1977 c.189 5; 2009 c.595 666]
(1) A dog that has permanent canine teeth or that is six months of age or older must be inoculated against rabies, unless specifically exempted by rule of the Oregon Health Authority or the State Department of Agriculture. (2) Unless pursuant to conditions specified in ORS 430.357, any rules of the department or the authority with respect to inoculation shall: (a) Not apply to animals brought temporarily into the state for periods of less than 30 days but may require that the animals be kept under strict supervision by the owners of the animals. (b) Not apply to dogs or to any other animal specifically exempted from the inoculation requirement by rule of the department or the authority. (3) The costs of all such required inoculations shall be borne by the owners of the animal. [1971 c.413 7; 1975 c.750 2; 2001 c.636 3; 2009 c.595 667]
The Oregon Health Authority shall be responsible for development and coordination of vaccination clinics at sufficient and reasonable times at various locations throughout the state for the inoculation of dogs against rabies. Costs of vaccination shall be borne by the dog owner. [1977 c.189 2; 2009 c.595 668]
Every veterinarian inoculating an animal against rabies shall supply to the owner evidence of inoculation which shall consist of a certificate issued and signed by the veterinarian. The form of the certificate shall be prescribed by the Oregon Health Authority. [1971 c.413 8; 1975 c.750 3; 1977 c.189 6; 1985 c.793 1; 2009 c.595 669]
(1) The owner of the animal shall present by mail or otherwise the inoculation certificate, together with the fee fixed pursuant to ORS 433.380, if any, to the clerk of the county in which the owner resides. (2) The county shall upon receipt of the fee and presentation of the certificate issue to the owner a serial-numbered tag, legibly identifying its expiration date as such date is determined in accordance with rules of the Oregon Health Authority relating to intervals of inoculation. The tag shall be designed for and shall be attached to a collar or harness that must be worn by the dog for which the tag and certificate are issued at all times when off or outside the premises of the owner. Whenever an original tag is lost, mutilated or destroyed, upon application and payment of the fee prescribed under ORS 433.380, if any, a replacement tag, to be dated, designed and worn as the original, shall be issued. (3) No official of any county shall issue a license for a dog until the official has been shown a proper certification, or its equivalent, of a rabies inoculation. (4) If the county files the certificate upon which a tag is issued, it shall be cross-referenced to the tag number. If the certificate is not filed, the county shall keep an appropriate record of the expiration date and number, if any, of the certificate cross-referenced to the tag number. Notwithstanding ORS 205.320 (1)(a), a fee is not required for filing the certificate. (5) Unexpired tags shall be honored in all counties when the animal is in transit or where the owner has established a new residence. (6) The provisions of this section apply to a city, rather than a county, in a city that has a dog licensing program. [1971 c.413 9; 1975 c.750 4; 1977 c.189 6a; 1985 c.793 2; 1991 c.230 34; 2009 c.595 670; 2015 c.27 47]
Notwithstanding ORS 433.375 or any other provision of law, a county or city may consider issuance of a license for a dog as verification of there being a certificate of inoculation on file and need not issue a tag pursuant to ORS 433.375 (2). [1977 c.189 3]
Notwithstanding ORS 192.001 to 192.170, the county or city may dispose of certificates of inoculation upon their expiration date. [1977 c.189 12]
A fee for the tag and replacement tag may be fixed in each county by the governing body of the county in such amount as it finds necessary to enable the county to carry out the provisions of ORS 433.365, 433.370 and 433.380 to 433.390 and the regulations promulgated hereunder and shall not be considered a license or tax within the meaning of ORS 609.100. [1971 c.413 10]
(1) Any animal in violation of ORS 433.365 shall be apprehended and impounded. (2) All animals apprehended and impounded under this section shall be held in adequate and sanitary pounds to be established or contracted for in each county by the governing body of the county. All animals so impounded shall be given proper care and maintenance. (3) When an animal is apprehended and impounded, the owner, if known, shall be given notice of not less than five days from the date of such impounding before the animal is destroyed or otherwise disposed of. An owner appearing to redeem the animal may do so if the provisions of ORS 433.365 are complied with and if the owner pays the expense of keeping the animal during the time it was impounded and in addition thereto, the sum established by the county governing body. If the animal is subject to any other impounding law the requirements for release under that law shall also be met except that the expense of keeping the animal shall be payable only once for the period of impoundment. If the owner does not appear to redeem the animal after the notice provided for herein, or otherwise, after five days, or if the owner is not known, after three days, the governing body of the county may provide for animals impounded to be released to any other person upon the conditions outlined in this subsection or otherwise disposed of in a humane manner. (4) If the owner desires to redeem an animal impounded pursuant to this section or the animal is to be released to any other person as provided in subsection (3) of this section, the person shall post a $20 deposit with the county and obtain possession of the animal for the purpose of complying with ORS 433.365. The county shall refund the deposit to a person who, on or before the eighth day after obtaining possession of the animal, demonstrates proof of rabies inoculation or exemption from the inoculation requirement and, if applicable, proof of purchase of a license as required under ORS 609.100. Failure to demonstrate proof of rabies inoculation or exemption and proof of licensing within the prescribed time shall forfeit the deposit to the county. (5) The governing body of the county shall designate persons responsible for the enforcement of this section. [1971 c.413 11; 1977 c.189 7; 2001 c.636 4]
(1) All moneys received by a county under ORS 433.340 to 433.390 and 433.990 (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]
As used in ORS 433.407 to 433.423 unless the context requires otherwise: (1) "Authority" means the Oregon Health Authority. (2) "Health care facility" means a facility as defined in ORS 442.015 and a mental health facility, alcohol treatment facility or drug treatment facility licensed or operated under ORS chapter 426 or 430. (3) "Worker" means a person who is licensed or certified to provide health care under ORS chapter 677, 678, 679, 680, 684 or 685 or ORS 682.216, an employee of a health care facility, of a licensed health care provider or of a clinical laboratory as defined in ORS 438.010, a firefighter, a law enforcement officer as defined in ORS 414.805, a corrections officer or a parole and probation officer. [1989 c.949 2; 1993 c.196 8; 2005 c.264 24; 2009 c.595 671; 2011 c.720 195] Note: 433.407 to 433.423 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
The Legislative Assembly finds that by reason of and in the course of their employment, health care workers and emergency response employees, are subject to exposure to infectious diseases, that this exposure is not fully preventable due to the nature of their duties and that health care workers should be informed of exposure to infectious diseases as soon as is practicable to initiate appropriate medical care and to prevent exposing other persons to infectious diseases. [1989 c.949 1] Note: See note under 433.407.
(1) An employer of a health care worker at risk of contracting an infectious disease in the course of employment shall provide to the worker preventive immunization for infectious disease if such preventive immunization is available and is medically appropriate. (2) Such preventive immunization shall be provided by the employer at no cost to the worker. (3) A worker shall not be required as a condition of work to be immunized under this section, unless such immunization is otherwise required by federal or state law, rule or regulation. [1989 c.949 3] Note: See note under 433.407.
When a local health department or the Oregon Health Authority learns of a case or suspected case of an infectious disease which may have exposed a worker to risk of infection, the local health department or the authority shall make every reasonable effort to notify the worker and employer of the exposure as soon as medically appropriate given the urgency of the disease or suspected disease. Notification shall include recommendations to the worker and employer that are medically appropriate. [1989 c.949 4; 2009 c.595 672] Note: See note under 433.407.
(1) The Oregon Health Authority shall adopt rules implementing ORS 433.407 to 433.423. Such rules shall include, but need not be limited to: (a) The development of curriculum dealing with the exposure of workers to infectious diseases; (b) Development and conduct of training programs for local health department personnel to prepare them to train workers about the subject of infectious diseases; (c) Information on the manner in which infectious diseases are transmitted; and (d) Guidelines that can assist workers and their employers in distinguishing between conditions in which such workers are or are not at risk with respect to infectious diseases. (2) The rules adopted by the authority shall require that implementation of ORS 433.407 to 433.423 be accomplished in such a manner as to protect the confidentiality of persons with infectious diseases and workers exposed to such persons. [1989 c.949 5; 2009 c.595 673] Note: See note under 433.407.
(1) Upon the occurrence of a public health emergency, the Governor may declare a state of public health emergency as authorized by ORS 433.441 to 433.452 to protect the public health. (2) A declaration of a state of public health emergency must specify: (a) The nature of the public health emergency; (b) The political subdivision or geographic area subject to the declaration; (c) The conditions that have brought about the public health emergency; and (d) The duration of the state of public health emergency, if the duration is less than 14 days. (3) During a declared public health emergency, the Governor may: (a) Close, order the evacuation of or order the decontamination of any facility the Governor has reasonable cause to believe may endanger the public health. (b) Regulate or restrict by any means necessary the use, sale or distribution of food, fuel, medical supplies, medicines or other goods and services. (c) Prescribe modes of transportation, routes and destinations required for the evacuation of individuals or the provision of emergency services. (d) Control or limit entry into, exit from, movement within and the occupancy of premises in any public area subject to or threatened by a public health emergency if such actions are reasonable and necessary to respond to the public health emergency. (e) Authorize pharmacists licensed under ORS chapter 689 to administer vaccines to persons who are three years of age or older. (f) Take any other action that may be necessary for the management of resources, or to protect the public during a public health emergency, including any actions authorized under ORS 401.168, 401.185, 401.188 and 401.192. (4) Nothing in ORS 433.441 to 433.452 limits the authority of the Governor to declare a state of emergency under ORS 401.165. If a state of emergency is declared as authorized under ORS 401.165, the Governor may implement any action authorized by ORS 433.441 to 433.452. (5) A declaration of a state of public health emergency expires when terminated by a declaration of the Governor or no more than 14 days after the date the public health emergency is declared unless the Governor expressly extends the declaration for an additional 14-day period. (6) When real or personal property is taken under power granted by this section, the owner of the property shall be entitled to reasonable compensation from the state. [2003 c.555 1; 2007 c.445 23; 2013 c.332 3; 2021 c.539 88h] Note: The amendments to 433.441 by section 88h, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the users convenience. (1) Upon the occurrence of a public health emergency, the Governor may declare a state of public health emergency as authorized by ORS 433.441 to 433.452 to protect the public health. (2) A proclamation of a state of public health emergency must specify: (a) The nature of the public health emergency; (b) The political subdivision or geographic area subject to the proclamation; (c) The conditions that have brought about the public health emergency; and (d) The duration of the state of public health emergency, if the duration is less than 14 days. (3) During a public health emergency, the Governor may: (a) Close, order the evacuation of or the decontamination of any facility the Governor has reasonable cause to believe may endanger the public health. (b) Regulate or restrict by any means necessary the use, sale or distribution of food, fuel, medical supplies, medicines or other goods and services. (c) Prescribe modes of transportation, routes and destinations required for the evacuation of individuals or the provision of emergency services. (d) Control or limit entry into, exit from, movement within and the occupancy of premises in any public area subject to or threatened by a public health emergency if such actions are reasonable and necessary to respond to the public health emergency. (e) Authorize pharmacists licensed under ORS chapter 689 to administer vaccines to persons who are three years of age or older. (f) Take any other action that may be necessary for the management of resources, or to protect the public during a public health emergency, including any actions authorized under ORS 401.168, 401.185, 401.188 and 401.192. (4) Nothing in ORS 433.441 to 433.452 limits the authority of the Governor to declare a state of emergency under ORS 401.165. If a state of emergency is declared as authorized under ORS 401.165, the Governor may implement any action authorized by ORS 433.441 to 433.452. (5) A proclamation of a state of public health emergency expires when terminated by a declaration of the Governor or no more than 14 days after the date the public health emergency is proclaimed unless the Governor expressly extends the proclamation for an additional 14-day period. (6) When real or personal property is taken under power granted by this section, the owner of the property shall be entitled to reasonable compensation from the state.
As used in ORS 433.441 to 433.452: (1) "Bioterrorism" means the intentional use of any microorganism, virus, infectious substance or biological product to cause death, disease or other biological harm to a human, an animal, a plant or another living organism. (2) "Communicable disease" has the meaning given that term in ORS 431A.005. (3) "Local public health authority" has the meaning given that term in ORS 431.003. (4) "Public health emergency" means an occurrence or imminent threat of an illness or health condition that: (a) Is believed to be caused by any of the following: (A) Bioterrorism; (B) The appearance of a novel or previously controlled or eradicated infectious agent or biological toxin that may be highly contagious; (C) An epidemic of communicable disease; or (D) A natural disaster, a chemical attack or accidental chemical release or a nuclear attack or nuclear accident; and (b) Poses a high probability of any of the following harms: (A) A large number of deaths in the affected population; (B) A large number of serious or long-term disabilities in the affected population; or (C) Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of persons in the affected population. (5) "Public health measure" has the meaning given that term in ORS 431A.005. [2007 c.445 22; 2015 c.736 82]
(1) As used in this section: (a) "Covered entity" means: (A) The Childrens Health Insurance Program; (B) A health insurer that is an insurer as defined in ORS 731.106 and that issues health insurance as defined in ORS 731.162; (C) The state medical assistance program; and (D) A health care provider. (b) "Health care provider" includes but is not limited to: (A) A psychologist, occupational therapist, regulated social worker, professional counselor or marriage and family therapist licensed or otherwise authorized to practice under ORS chapter 675 or an employee of the psychologist, occupational therapist, regulated social worker, professional counselor or marriage and family therapist; (B) A physician or physician assistant licensed under ORS chapter 677, an acupuncturist licensed under ORS 677.759 or an employee of the physician, physician assistant or acupuncturist; (C) A nurse or nursing home administrator licensed under ORS chapter 678 or an employee of the nurse or nursing home administrator; (D) A dentist licensed under ORS chapter 679 or an employee of the dentist; (E) A dental hygienist or denturist licensed under ORS chapter 680 or an employee of the dental hygienist or denturist; (F) A speech-language pathologist or audiologist licensed under ORS chapter 681 or an employee of the speech-language pathologist or audiologist; (G) An emergency medical services provider licensed under ORS chapter 682; (H) An optometrist licensed under ORS chapter 683 or an employee of the optometrist; (I) A chiropractic physician licensed under ORS chapter 684 or an employee of the chiropractic physician; (J) A naturopathic physician licensed under ORS chapter 685 or an employee of the naturopathic physician; (K) A massage therapist licensed under ORS 687.011 to 687.250 or an employee of the massage therapist; (L) A direct entry midwife licensed under ORS 687.405 to 687.495 or an employee of the direct entry midwife; (M) A physical therapist licensed under ORS 688.010 to 688.201 or an employee of the physical therapist; (N) A medical imaging licensee under ORS 688.405 to 688.605 or an employee of the medical imaging licensee; (O) A respiratory care practitioner licensed under ORS 688.815 or an employee of the respiratory care practitioner; (P) A polysomnographic technologist licensed under ORS 688.819 or an employee of the polysomnographic technologist; (Q) A pharmacist licensed under ORS chapter 689 or an employee of the pharmacist; (R) A dietitian licensed under ORS 691.405 to 691.485 or an employee of the dietitian; (S) A funeral service practitioner licensed under ORS chapter 692 or an employee of the funeral service practitioner; (T) A health care facility as defined in ORS 442.015; (U) A home health agency as defined in ORS 443.014; (V) A hospice program as defined in ORS 443.850; (W) A clinical laboratory as defined in ORS 438.010; (X) A pharmacy as defined in ORS 689.005; and (Y) Any other person or entity that furnishes, bills for or is paid for health care in the normal course of business. (c) "Individual" means a natural person. (d) "Individually identifiable health information" means any oral or written health information in any form or medium that is: (A) Created or received by a covered entity, an employer or a health care provider that is not a covered entity; and (B) Identifiable to an individual, including demographic information that identifies the individual, or for which there is a reasonable basis to believe the information can be used to identify an individual, and that relates to: (i) The past, present or future physical or mental health or condition of an individual; (ii) The provision of health care to an individual; or (iii) The past, present or future payment for the provision of health care to an individual. (e) "Legal representative" means attorney at law, person holding a general power of attorney, guardian, conservator or any person appointed by a court to manage the personal or financial affairs of a person, or agency legally responsible for the welfare or support of a person. (2)(a) During a public health emergency declared under ORS 433.441, the Public Health Director may, as necessary to appropriately respond to the public health emergency: (A) Adopt reporting requirements for and provide notice of those requirements to health care providers, institutions and facilities for the purpose of obtaining information directly related to the public health emergency; (B) After consultation with appropriate medical experts, create and require the use of diagnostic and treatment protocols to respond to the public health emergency and provide notice of those protocols to health care providers, institutions and facilities; (C) Order, or authorize local public health administrators to order, public health measures appropriate to the public health threat presented; (D) Authorize pharmacists licensed under ORS chapter 689 to administer vaccines to persons who are three years of age or older; (E) Upon approval of the Governor, take other actions necessary to address the public health emergency and provide notice of those actions to health care providers, institutions and facilities, including public health actions authorized by ORS 431A.015; (F) Take any enforcement action authorized by ORS 431A.010, including the imposition of civil penalties of up to $500 per day against individuals, institutions or facilities that knowingly fail to comply with requirements resulting from actions taken in accordance with the powers granted to the Public Health Director under subparagraphs (A), (B) and (E) of this paragraph; and (G) The authority granted to the Public Health Director under this section: (i) Supersedes any authority granted to a local public health authority if the local public health authority acts in a manner inconsistent with guidelines established or rules adopted by the director under this section; and (ii) Does not supersede the general authority granted to a local public health authority or a local public health administrator except as authorized by law or necessary to respond to a public health emergency. (b) The authority of the Public Health Director to take administrative action, and the effectiveness of any action taken, under paragraph (a)(A), (B) and (D) to (G) of this subsection terminates upon the expiration of the declared state of public health emergency, unless the actions are continued under other applicable law. (3) Civil penalties under subsection (2) of this section shall be imposed in the manner provided in ORS 183.745. The Public Health Director must establish that the individual, institution or facility subject to the civil penalty had actual notice of the action taken that is the basis for the penalty. The maximum aggregate total for penalties that may be imposed against an individual, institution or facility under subsection (2) of this section is $500 for each day of violation, regardless of the number of violations of subsection (2) of this section that occurred on each day of violation. (4)(a) During a declared state of public health emergency, the Public Health Director and local public health administrators shall be given immediate access to individually identifiable health information necessary to: (A) Determine the causes of an illness related to the public health emergency; (B) Identify persons at risk; (C) Identify patterns of transmission; (D) Provide treatment; and (E) Take steps to control the disease. (b) Individually identifiable health information accessed as provided by paragraph (a) of this subsection may not be used for conducting nonemergency epidemiologic research or to identify persons at risk for post-traumatic mental health problems, or for any other purpose except the purposes listed in paragraph (a) of this subsection. (c) Individually identifiable health information obtained by the Public Health Director or local public health administrators under this subsection may not be disclosed without written authorization of the identified individual except: (A) Directly to the individual who is the subject of the information or to the legal representative of that individual; (B) To state, local or federal agencies authorized to receive such information by state or federal law; (C) To identify or to determine the cause or manner of death of a deceased individual; or (D) Directly to a health care provider for the evaluation or treatment of a condition that is the subject of a declaration of a state of public health emergency issued under ORS 433.441. (d) Upon expiration of the state of public health emergency, the Public Health Director or local public health administrators may not use or disclose any individually identifiable health information that has been obtained under this section. If a state of emergency that is related to the state of public health emergency has been declared under ORS 401.165, the Public Health Director and local public health administrators may continue to use any individually identifiable information obtained as provided under this section until termination of the state of emergency. (5) All civil penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund and are available for general governmental expenses. (6) The Public Health Director may request assistance in enforcing orders issued pursuant to this section from state or local law enforcement authorities. If so requested by the Public Health Director, state and local law enforcement authorities, to the extent resources are available, shall assist in enforcing orders issued pursuant to this section. (7) If the Oregon Health Authority adopts temporary rules to implement the provisions of this section, the rules adopted are not subject to the provisions of ORS 183.335 (6)(a). The authority may amend temporary rules adopted pursuant to this subsection as often as necessary to respond to the public health emergency. [2003 c.555 2,3; 2007 c.445 24; 2009 c.442 40; 2009 c.595 674; 2009 c.833 34; 2011 c.703 39; 2011 c.715 18; 2013 c.129 28; 2013 c.332 4; 2013 c.681 52; 2017 c.206 14]
During a disease outbreak, as defined in ORS 431A.005, the Public Health Director may authorize pharmacists licensed under ORS chapter 689 to administer vaccines to persons who are three years of age or older for a specified period of time if the Public Health Director determines that such authorization is necessary to protect the publics health. [2013 c.332 2] Note: 433.444 was added to and made a part of 433.110 to 433.770 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
The Governor may seek assistance under the Emergency Management Assistance Compact during a state of public health emergency to obtain additional resources for providing services directly related to mitigation of the crisis. [2003 c.555 4; 2007 c.445 25]
(1)(a) During a state of public health emergency declared under ORS 433.441 or during a state of emergency declared under ORS 401.165 that is related to a state of public health emergency that has not expired, the immunization registry and tracking and recall system established under ORS 433.094 may be used as a vaccination management and tracking system for the purpose of preventing the spread of diseases that can be prevented by vaccination or for tracking the mass administration of antibiotic prophylaxis. (b) When being used as authorized by this section, an immunization registry may include persons of any age, and vaccination records may be shared with authorized users of the registry for purposes related to the declared state of public health emergency without obtaining the prior authorization of the clients of the registry. (2) As used in this section, "client" and "immunization registry" have the meaning given those terms in ORS 433.090. [2003 c.555 5; 2007 c.445 26; 2021 c.539 85] Note: The amendments to 433.448 by section 85, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the users convenience. (1)(a) During a state of public health emergency proclaimed under ORS 433.441 or during a state of emergency declared under ORS 401.165 that is related to a state of public health emergency that has not expired, the immunization registry and tracking and recall system established under ORS 433.094 may be used as a vaccination management and tracking system for the purpose of preventing the spread of diseases that can be prevented by vaccination or for tracking the mass administration of antibiotic prophylaxis. (b) When being used as authorized by this section, an immunization registry may include persons of any age, and vaccination records may be shared with authorized users of the registry for purposes related to the proclaimed state of public health emergency without obtaining the prior authorization of the clients of the registry. (2) As used in this section, "client" and "immunization registry" have the meaning given those terms in ORS 433.090.
(1) As used in this section: (a) "Contaminated material" means wastes or other materials exposed to or tainted by chemical, radiological, or biological substances or agents. (b) "Transmissible agent" means a biological substance capable of causing disease or infection through individual to individual transmission, animal to individual transmission, or other modes of transmission. (2) Notwithstanding any provision in ORS chapter 97 or 692, during a state of public health emergency, the Public Health Director may: (a) Prescribe measures to provide for the safe disposal of human remains as may be reasonable and necessary to respond to the public health emergency. Measures adopted under this subsection may include the embalming, burial, cremation, interment, disinterment, transportation and disposal of human remains. (b) Require any person in charge of disposing of human remains to clearly label the human remains of a deceased person with a communicable disease or transmissible agent with an external, clearly visible tag indicating that the human remains are infected or contaminated and, if known, the communicable disease or transmissible agent or contaminated materials present in the remains. (c) After a medical examiner has certified the cause and manner of death, order a person in charge of disposing of human remains to dispose of the human remains of a person who has died of a communicable disease or transmissible agent through burial or cremation within a specified time period. To the extent practicable, religious, cultural, family and individual beliefs of the deceased person or the persons family shall be considered when disposing of any human remains. (3) The Public Health Director must consult and coordinate with the Chief Medical Examiner when exercising authority under this section. Nothing in this section is intended to override authority granted to the Chief Medical Examiner or district medical examiner under ORS 146.003 to 146.189 and 146.710 to 146.992. [2007 c.445 28; 2017 c.151 27]
(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, 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 persons 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, 433.121 and 433.123. [2003 c.555 11; 2007 c.445 27; 2009 c.595 675]
(1) A person or group of persons subject to isolation or quarantine or other public health measure pursuant to ORS 433.121 or 433.123 has the right to be represented by legal counsel if the person or group of persons so elects. If the person or group of persons requests legal counsel and cannot afford counsel, the court shall appoint legal counsel. If no request for legal counsel is made, the court must appoint legal counsel unless counsel is expressly, knowingly and intelligently refused by the person or the group of persons. The person or the group of persons may request legal counsel at any time during the period of imposition of the isolation, quarantine or other public health measure. (2) If a person is unable to afford legal counsel, the public defense services executive director shall determine and pay, as provided in ORS 135.055, the reasonable expenses of the person and compensation for legal counsel appointed to represent the person. [2007 c.445 11]
As used in ORS 433.502 to 433.526, 455.445 and 468A.775 to 468A.785: (1) "Office workplace" means any enclosed nonmanufacturing indoor area, located in a building of more than 4,000 square feet, and in which 50 or more employees, as defined in ORS 654.005 spend any part of their working hours. (2) "Public area" means any enclosed indoor area open to and frequented by the public and where, during a representative 24-hour period the number of public occupants exceeds the number of employees, except private residences. "Public area" includes a health care facility as defined in ORS 442.015. (3) "Remodeling" means any change, addition or modification in the ventilation system for which a building permit is or was required. (4) "Significant indoor air pollutant" means any solid, liquid, semisolid, dissolved solid, biological organism, aerosol or gaseous material, including combinations or mixtures of substances, which has an adverse effect on human health and has been designated by the state for regulation under ORS 433.502 to 433.526, 455.445 and 468A.775 to 468A.785. [1989 c.1070 1] Note: 433.502 to 433.526 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
The Legislative Assembly finds and declares: (1) Scientific studies reveal that indoor concentrations of some pollutants are frequently higher than outdoor concentrations of those pollutants and that indoor pollutant concentrations can exceed health-based standards. (2) On the average, people spend at least 90 percent of their time indoors, and, as a result, the population has a significant potential for exposure to indoor air pollutants. (3) Indoor air pollution poses one of the most serious environmental threats to public health, including cancer, respiratory illness, multiple chemical sensitivities, skin and eye irritation and related effects, and is estimated to cause significant increases in medical costs and claims, and declines in work productivity. Indoor air pollution also has been linked significantly to improperly maintained ventilation systems that increase consumption of energy. (4) Existing state environmental and occupational health programs do not adequately protect the public from exposure to indoor air pollution that may occur in public areas or office workplaces. (5) It is in the public interest to reduce exposure to indoor air pollution by developing a comprehensive program to investigate and remedy indoor air pollution and to educate the public. [1989 c.1070 2] Note: See note under 433.502.
Subject to available funds, the Oregon Health Authority may establish a broad public information program to educate the public on indoor air pollutants, their identities, causes and effects, and on effective practical methods for preventing, detecting and correcting the causes of indoor air pollution. [1989 c.1070 3; 2009 c.595 676] Note: See note under 433.502.
Subject to available funds, the Oregon Health Authority may conduct field investigations and epidemiological studies to quantify the extent of indoor air pollution levels and public exposure in Oregon. Field investigations shall be conducted in a manner that does not compete with the business of private contractors. Epidemiological studies may be conducted to look for the causes of illness and collect and analyze data to identify trends and health impacts, especially where national information on significant potential problems is lacking. [1989 c.1070 4; 2009 c.595 677] Note: See note under 433.502.
(1) Based upon the recommendations of the Indoor Air Pollution Task Force, the Oregon Health Authority may establish indoor air quality standards for significant indoor air pollutants. If established, the standards: (a) Shall include an adequate margin of safety; (b) Shall be adequate to protect the population, including sensitive groups; and (c) May be revised as appropriate. (2) If established, indoor air quality standards shall be at least for the following significant indoor air pollutants: (a) Particulate matter; (b) Aldehydes; (c) Radon; (d) Carbon monoxide; (e) Carbon dioxide; (f) Ozone; and (g) Water vapor. (3) In developing the indoor air quality standards, the authority shall consult with the Department of Environmental Quality, the Department of Consumer and Business Services and the Indoor Air Pollution Task Force. (4) The standards established by the authority shall not take effect before July 1, 1991. The authority shall seek voluntary compliance with the standards. [1989 c.1070 5; 1993 c.744 227; 2009 c.595 678] Note: See note under 433.502.
(1) The Oregon Health Authority may establish by rule a public recognition program for office workplaces, buildings and public areas that consistently meet the indoor air quality requirements of ORS 433.502 to 433.526, 455.445 and 468A.775 to 468A.785. Any workplace, building or public area that qualifies for such recognition may display a notice indicating that the building exceeds the requirements of Oregons indoor clean air statutes. (2) To qualify for recognition under this section, an office workplace, building or public area shall: (a) Comply with all applicable provisions of ORS 433.835 to 433.875; (b) Demonstrate a consistent pattern of compliance in meeting all indoor air quality standards and other requirements of ORS 433.502 to 433.526, 455.445 and 468A.775 to 468A.785; and (c) Demonstrate to the satisfaction of the authority that all technically and economically practicable steps have been taken to minimize significant sources of indoor air pollution. (3) The authority by rule may establish a fee to be submitted by the owner or responsible party of a building, workplace or public area who requests certification under this section. The fee shall be an amount sufficient to pay the authoritys costs in carrying out the provisions of this section. [1989 c.1070 8; 2009 c.595 679] Note: See note under 433.502.
[Amended by 1977 c.582 39; renumbered 603.059 in 1999]
No person having delivered merchandise, such as clothing, wearing apparel of every description, hair goods, brushes, rubber goods, books, mattresses, blankets, sheets, pillows or other kinds of bedding, to any person or institution at or thereafter taken to any place where any communicable disease exists or may exist, after the delivery of such merchandise, shall intermingle the same with the goods for sale or offer the same for sale or sell the same, or receive any merchandise from any place or premises where any communicable disease exists or has existed, and intermingle such goods with other goods for sale or offer the same for sale or sell the same, until such goods have been thoroughly disinfected in accordance with the rules and regulations of the Oregon Health Authority. [Amended by 2009 c.595 680]
As used in ORS 433.735 to 433.770 and 433.990 (7): (1) "Organizer" includes any person who holds, stages or sponsors an outdoor mass gathering and the owner, lessee or possessor of the real property upon which the outdoor mass gathering is to take place. (2) "Outdoor mass gathering," unless otherwise defined by county ordinance, means an actual or reasonably anticipated assembly of more than 3,000 persons which is held primarily in open spaces and not in any permanent structure and within any three-month period is expected to continue for more than 24 hours and not more than 120 hours, excluding hours required for ingress to and egress from a gathering that is located on lands zoned for exclusive farm use that are 60 miles or farther from the nearest interstate highway. (3) "Permanent structure" includes a stadium, an arena, an auditorium, a coliseum, a fairgrounds or other similar established places for assemblies. (4) "Temporary structure" includes tents, trailers, chemical toilet facilities and other structures customarily erected or sited for temporary use. [1971 c.597 1a; 1981 c.82 3; 1985 c.758 1; 2001 c.104 157; 2007 c.445 32; 2019 c.408 2]
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]
(1) An organizer may not hold an outdoor mass gathering or allow an outdoor mass gathering to be held on real property that the organizer owns, leases or possesses unless the governing body of the county in which the outdoor mass gathering is to take place issues the organizer a permit to hold the outdoor mass gathering. (2) A permit issued under this section does not entitle the organizer to make any permanent development to or on the real property. Any permanent development on the real property must be made in accordance with any applicable state or local land use law. [1971 c.597 2; 1985 c.758 3; 2015 c.428 1]
(1) Unless a county decides that a land use permit is required, the county in which an outdoor mass gathering is to take place shall issue a permit upon application if the organizer demonstrates compliance with or the ability to comply with the health and safety rules governing outdoor mass gatherings to be regulated according to the anticipated crowd and adopted by the Oregon Health Authority. The application must include all of the following: (a) Name and address of the applicant. (b) Legal description of the place of the proposed gathering. (c) Date of the proposed gathering. (d) Estimated attendance at the proposed gathering. (e) Nature of the proposed gathering. (f) Such other appropriate information as the county may require in order to ensure compliance with rules of the authority. (2) Notice of the application must be sent by the county to the county sheriff or county chief law enforcement officer, the local health officer and the chief of the fire district in which the gathering is to be held. (3) Each officer receiving notice of the application under subsection (2) of this section may comment in writing to the county not later than the hearing date. The comment may include recommendations related to the official functions of the officer as to granting the permit and any recommended conditions that should be imposed. (4) The county shall hold a public hearing on the issue of compliance with this section. Notice of the time and place of the hearing including a general explanation of the matter to be considered must be published at least 10 calendar days before the hearing in a newspaper of general circulation in the county or, if there is none, it must be posted in at least three public places in the county. (5) Except as provided in ORS 433.763, a decision of a county on an application for a permit to hold an outdoor mass gathering may be appealed to a circuit court for the county as provided in ORS 34.020 to 34.100. (6) A county may charge permit applicants a fee reasonably calculated to reimburse the county for its reasonable and necessary costs in receiving, processing and reviewing applications for permits to hold outdoor mass gatherings. However, a fee authorized by this subsection may not exceed the greater of $5,000 or $2 per anticipated attendee of the gathering. [1971 c.597 3; 1985 c.758 4; 1993 c.779 1; 2009 c.595 681; 2015 c.736 83; 2019 c.408 3]
(1) In reviewing an application for a permit to hold an outdoor mass gathering, the county governing body may require such plans, specifications and reports as it may deem necessary for proper review and it may request and shall receive from all public officers, departments and agencies of the state and its political subdivisions such cooperation and assistance as it may deem necessary. If the county governing body determines upon examination of the permit application that the outdoor mass gathering creates a potential for injury to persons or property, the county governing body may require organizers to obtain an insurance policy in an amount commensurate with the risk, but not exceeding the limitation for liability of a local public body under ORS 30.272 (3). The policy of casualty insurance shall provide coverage against liability for death, injury or disability of any human or for damage to property arising out of the outdoor mass gathering. The county shall be named as an additional insured under the policy. (2) In the event of failure to remove all debris or residue and repair any damage to personal or real property arising out of the outdoor mass gathering within 72 hours after its termination and to remove any temporary structures used at the outdoor mass gathering within three weeks after its termination, the county governing body may file suit against the organizer for financial settlement as is needed to remove debris, residue or temporary structures and to repair such damage to real or personal property of persons not attending the outdoor mass gathering. The organizer shall be wholly responsible for payment of any fines imposed under ORS 433.990 (7). [1971 c.597 4; 1985 c.758 5; 1993 c.779 2; 2001 c.104 158; 2007 c.445 33; 2019 c.340 1]
Notwithstanding any other provisions of law, the Oregon Health Authority shall, in accordance with the provisions of ORS chapter 183, make rules regulated according to anticipated crowds with respect to health and safety at outdoor mass gatherings which provide for: (1) Adequate water supply, drainage and sewerage facilities; (2) Adequate toilet facilities; (3) Adequate refuse storage and disposal facilities; (4) Adequate food and sanitary food service, if supplied; (5) Adequate emergency medical facilities and communication systems; (6) Adequate fire protection; and (7) Adequate security personnel and traffic control. [1971 c.597 5; 1981 c.82 4; 1985 c.758 8; 2009 c.595 682]
(1) An application for an outdoor mass gathering for which the county decides that a land use permit is required, or for any gathering of more than 3,000 persons any part of which is held outdoors and which continues or can reasonably be expected to continue for a period exceeding that allowable for an outdoor mass gathering, shall be allowed by a county if: (a) The applicant has complied or can comply with the requirements for an outdoor mass gathering permit set out in ORS 433.750 and 433.755; (b) Permits required by the applicable land use regulations have been granted; and (c) The proposed gathering: (A) Is compatible with existing land uses; and (B) Does not materially alter the stability of the overall land use pattern of the area. (2) A hearings officer, county planning commission or other person or body that the county designates may make findings and approve or deny an application for a permit under this section. A decision granting or denying a permit under this section may be appealed to the county governing body as provided in ORS 215.402 to 215.438. (3) Notwithstanding subsection (1) of this section, a county may not require a permit under ORS 433.750 for events otherwise permitted under ORS 215.213 (11), 215.283 (4), 215.449, 215.451 or 215.452. [1985 c.758 7; 2019 c.408 1a]
ORS 433.735 to 433.770 and 433.990 (7) and any rules adopted under ORS 433.735 to 433.770 and 433.990 (7) do not preempt the right of a county to enact ordinances or regulations not inconsistent with ORS 433.735 to 433.770 and 433.990 (7) or any rules adopted under ORS 433.735 to 433.770 and 433.990 (7), except that a county may not, under ORS 433.750 or 433.763, require a land use permit for a gathering of 3,000 people or fewer, any part of which is held outdoors. [1971 c.597 6; 2001 c.104 159; 2007 c.445 34; 2019 c.408 5]
ORS 433.735 to 433.770 and 433.990 (7) apply to outdoor mass gatherings defined by county ordinance as well as to those defined by ORS 433.735. [1981 c.82 2; 2001 c.104 160; 2007 c.445 35; 2019 c.408 4]
(1) In addition to and not in lieu of the maintenance of other actions for any violation of ORS 433.745, the district attorney for the county in which an outdoor mass gathering is to be held may maintain an action in any court of general equitable jurisdiction to prevent, restrain or enjoin any violation of ORS 433.745. (2) Cases filed under the provisions of this section or an appeal therefrom shall be given preference on the docket over all other civil cases except those given equal preference by statute. [1971 c.597 6a; 1979 c.284 143]
As used in ORS 433.800 to 433.830, unless the context requires otherwise: (1) "Adrenal crisis" means a sudden, severe worsening of symptoms associated with adrenal insufficiency, such as severe pain in the lower back, abdomen or legs, vomiting, diarrhea, dehydration, low blood pressure or loss of consciousness. (2) "Adrenal insufficiency" means a hormonal disorder that occurs when the adrenal glands do not produce enough adrenal hormones. (3) "Allergen" means a substance, usually a protein, that evokes a particular adverse response in a sensitive individual. (4) "Allergic response" means a medical condition caused by exposure to an allergen, with physical symptoms that range from localized itching to severe anaphylactic shock and that may be life threatening. (5) "Hypoglycemia" means a condition in which a person experiences low blood sugar, producing symptoms such as drowsiness, loss of muscle control so that chewing or swallowing is impaired, irrational behavior in which food intake is resisted, convulsions, fainting or coma. (6) "Nurse practitioner" means a nurse practitioner licensed under ORS chapter 678. (7) "Other treatment" means oral administration of food containing glucose or other forms of carbohydrate, such as jelly or candy. (8) "Other treatment has failed" means a hypoglycemic students symptoms have worsened after the administration of a food containing glucose or other form of carbohydrate or a hypoglycemic student has become incoherent, unconscious or unresponsive. (9) "Physician" means a physician licensed under ORS chapter 677. (10) "Physician assistant" means a physician assistant licensed under ORS 677.505 to 677.525. [1989 c.299 2; 1997 c.345 1; 2015 c.676 3; 2017 c.101 42a]
It is the purpose of ORS 433.800 to 433.830 to provide a means of authorizing certain individuals when a licensed health care professional is not immediately available to administer lifesaving treatment to persons: (1) Who have severe allergic responses to insect stings and other allergens; (2) Who are experiencing severe hypoglycemia when other treatment has failed or cannot be initiated; and (3) Who have adrenal insufficiency and are experiencing an adrenal crisis. [1981 c.367 1; 1989 c.299 3; 1997 c.345 2; 2015 c.676 4]
The Oregon Health Authority shall: (1) Adopt rules necessary for the administration of ORS 433.800 to 433.830, including defining circumstances under which ORS 433.800 to 433.815, 433.817 and 433.825 shall apply. The authority shall include input from the educational system, health care provider organizations and other interested parties when adopting rules or amending those rules. (2) Develop or approve protocols for educational training as described in ORS 433.815 and 433.817, including the use of mechanisms for periodic retraining of individuals, and provide the protocols for educational training upon request to schools, health care professionals, parents or guardians of students or other interested parties. [1981 c.367 2; 1989 c.299 4; 1997 c.345 3; 2009 c.595 683; 2013 c.486 5]
(1) Educational training on the treatment of allergic responses, as required by ORS 433.800 to 433.830, shall be conducted by a physician, physician assistant or nurse practitioner. The training may be conducted by any other health care professional licensed under ORS chapter 678 as assigned by a physician, physician assistant or nurse practitioner, or by an emergency medical services provider meeting the requirements established by the Oregon Health Authority by rule. The curricula shall include, at a minimum, the following subjects: (a) Recognition of the symptoms of systemic allergic responses to insect stings and other allergens; (b) Familiarity with common factors that are likely to elicit systemic allergic responses; (c) Proper administration of an intramuscular or subcutaneous injection of epinephrine for severe allergic responses to insect stings and other specific allergens; and (d) Necessary follow-up treatment. (2) Educational training on the treatment of hypoglycemia, as required by ORS 433.800 to 433.830, shall be conducted by a physician, physician assistant, nurse practitioner or any other health care professional licensed under ORS chapter 678. The curricula shall include, at a minimum, the following subjects: (a) Recognition of the symptoms of hypoglycemia; (b) Familiarity with common factors that may induce hypoglycemia; (c) Proper administration of a subcutaneous injection of glucagon for severe hypoglycemia when other treatment has failed or cannot be initiated; and (d) Necessary follow-up treatment. (3) Educational training on the treatment of adrenal insufficiency, as required by ORS 433.800 to 433.830, shall be conducted by a physician, physician assistant, nurse practitioner or any other health care professional licensed under ORS chapter 678. The curricula shall include, at a minimum, the following subjects: (a) General information about adrenal insufficiency and the dangers associated with adrenal insufficiency; (b) Recognition of the symptoms of a person who is experiencing an adrenal crisis; (c) The types of medications that are available for treating adrenal insufficiency; and (d) Proper administration of medications that treat adrenal insufficiency. [1981 c.367 3; 1989 c.299 5; 1997 c.345 4; 2011 c.70 8; 2013 c.1 64; 2015 c.676 5; 2017 c.101 43]
Educational training on the treatment of allergic responses, as required by ORS 433.800 to 433.830, may be conducted by a public health authority or organization or by any other entity or individual approved by the Oregon Health Authority by rule. The training curricula under this section must include the following subjects: (1) Recognition of the symptoms of systemic allergic responses to insect stings and other allergens; (2) Familiarity with common factors that are likely to elicit systemic allergic responses; (3) Proper administration of an intramuscular or subcutaneous injection of epinephrine for severe allergic responses to insect stings and other specific allergens; and (4) Necessary follow-up treatment. [2013 c.486 4; 2017 c.101 44]
A person eligible to receive the training described in ORS 433.815 and 433.817 must meet the following requirements: (1) Be 18 years of age or older; and (2) Have, or reasonably expect to have, responsibility for or contact with at least one other person as a result of the eligible persons occupational or volunteer status, such as camp counselors, scout leaders, school personnel, forest rangers, tour guides or chaperones. [1981 c.367 4; 1997 c.345 5; 2011 c.70 9; 2013 c.486 6]
(1)(a) A person who has successfully completed educational training described in ORS 433.815 or 433.817 for severe allergic responses may receive from any health care professional who has appropriate prescriptive privileges and who is licensed under ORS chapter 677 or 678 a prescription for premeasured doses of epinephrine and the necessary paraphernalia for administration. (b) An entity that employs a person described in paragraph (a) of this subsection may acquire, possess and make available premeasured doses of epinephrine and the necessary paraphernalia for administration as described in paragraph (c) of this subsection. A health care professional who has appropriate prescriptive privileges and is licensed under ORS chapter 677 or 678 may write a prescription for premeasured doses of epinephrine and the necessary paraphernalia in the name of an entity that employs a person described in paragraph (a) of this subsection. (c) A person described in paragraph (a) of this subsection may, pursuant to a prescription issued under paragraph (a) or (b) of this subsection, acquire, possess and administer, in an emergency situation when a licensed health care professional is not immediately available, prescribed epinephrine to any person suffering a severe allergic response. (2) A person who has successfully completed educational training in the administration of glucagon as described in ORS 433.815 for hypoglycemia may receive from the parent or guardian of a student glucagon prescribed by a health care professional who has appropriate prescriptive privileges and is licensed under ORS chapter 677 or 678, as well as the necessary paraphernalia for administration. The person may possess the glucagon and administer the glucagon to the student for whom the glucagon is prescribed if the student is suffering a severe hypoglycemic reaction in an emergency situation when a licensed health care professional is not immediately available and other treatment has failed or cannot be initiated. (3) A person who has successfully completed educational training in the treatment of adrenal insufficiency as described in ORS 433.815 may receive from the parent or guardian of a student a medication that treats adrenal insufficiency and that is prescribed by a health care professional who has appropriate prescriptive privileges and is licensed under ORS chapter 677 or 678, as well as the necessary paraphernalia for administration. The person may possess the medication and administer the medication to the student for whom the medication is prescribed if the student is suffering an adrenal crisis in an emergency situation when a licensed health care professional is not immediately available. [1981 c.367 5; 1989 c.299 6; 1997 c.345 6; 2013 c.486 7; 2015 c.676 6; 2017 c.101 45]
(1) No cause of action shall arise against a person who has successfully completed an educational training program described in ORS 433.815 or 433.817 for any act or omission of the person when acting in good faith while rendering emergency treatment pursuant to the authority granted by ORS 433.800 to 433.830, except where such conduct can be described as wanton misconduct. (2) No cause of action shall arise against an institution, facility, agency or organization when acting in good faith to allow for the rendering of emergency treatment pursuant to the authority granted by ORS 433.800 to 433.830, except where such conduct can be described as wanton misconduct. [1981 c.367 6; 1997 c.345 7; 2013 c.486 8]
As used in ORS 433.835 to 433.875: (1) "Cigar bar" means a business that: (a) Has on-site sales of cigars as defined in ORS 323.500; (b) Has a humidor on the premises; (c) Allows the smoking of cigars on the premises but prohibits the smoking, aerosolizing or vaporizing of other inhalants on the premises; (d) Has been issued and operates under a full on-premises sales license issued under ORS 471.175; (e) Prohibits persons under 21 years of age from entering the premises and posts notice of the prohibition; (f) Does not offer video lottery games as authorized under ORS 461.217; (g) Has a maximum seating capacity of 40 persons; (h) Has a ventilation system that exhausts smoke from the business and is designed and terminated in accordance with the state building code standards for the occupancy classification in use; and (i) Requires all employees to read and sign a document that explains the dangers of exposure to secondhand smoke. (2) "Enclosed area" means the entirety of the space between a floor and a ceiling that is enclosed on three or more sides by permanent or temporary walls or windows, exclusive of doors or passageways, that extend from the floor to the ceiling. (3) "Inhalant" means nicotine, a cannabinoid or any other substance that: (a) Is in a form that allows the nicotine, cannabinoid or substance to be delivered into a persons respiratory system; (b) Is inhaled for the purpose of delivering the nicotine, cannabinoid or other substance into a persons respiratory system; and (c)(A) Is not approved by, or emitted by a device approved by, the United States Food and Drug Administration for a therapeutic purpose; or (B) If approved by, or emitted by a device approved by, the United States Food and Drug Administration for a therapeutic purpose, is not marketed and sold solely for that purpose. (4)(a) "Place of employment" means an enclosed area under the control of a public or private employer, including work areas, employee lounges, vehicles that are operated in the course of an employers business and that are not operated exclusively by one employee, rest rooms, conference rooms, classrooms, cafeterias, hallways, meeting rooms, elevators and stairways. (b) "Place of employment" does not include a private residence unless it is used as a child care facility as defined in ORS 329A.250 or a facility providing adult day care as defined in ORS 410.490. (5) "Public place" means an enclosed area open to the public. (6) "Smoke shop" means a business that is certified with the Oregon Health Authority as a smoke shop pursuant to the rules adopted under ORS 433.847. (7) "Smoking instrument" means any cigar, cigarette, pipe or other instrument used to smoke tobacco, cannabis or any other inhalant. [1981 c.384 2; 2001 c.990 1; 2007 c.602 1; 2009 c.595 684; 2011 c.601 1; 2015 c.158 14; 2017 c.21 108; 2017 c.732 1]
The people of Oregon find that because exposure to secondhand smoke, certain exhaled small particulate matter or other exhaled toxins is known to cause cancer and other chronic diseases such as heart disease, asthma and bronchitis, it is necessary to reduce exposure to such smoke, matter or toxins by prohibiting the smoking, aerosolizing or vaporizing of inhalants in all public places and places of employment. [1981 c.384 1; 2007 c.602 2; 2015 c.158 15]
(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. (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]
(1) The Oregon Health Authority shall adopt rules establishing a certification system for smoke shops and any rules necessary for the implementation, administration and enforcement of ORS 433.835 to 433.875. In adopting rules under this section, the authority shall prohibit the smoking, aerosolizing or vaporizing of inhalants that are not tobacco products in smoke shops. (2) The authority shall issue a smoke shop certification to a business that: (a)(A) Is primarily engaged in the sale, for off-premises consumption or use, of tobacco products and smoking instruments used to smoke tobacco products, with at least 75 percent of the gross revenues of the business resulting from such sales; (B) Prohibits persons under 21 years of age from entering the premises; (C) Does not offer video lottery games as authorized under ORS 461.217, social gaming or betting on the premises; (D) Does not: (i) Sell or offer food or beverages, including alcoholic beverages, for on-premises consumption; or (ii) Allow on-premises consumption of alcoholic beverages; (E) Is a stand-alone business with no other businesses or residential property attached to the premises; (F) Has a maximum seating capacity of four persons; and (G) Allows the smoking of tobacco product samples only for the purpose of making retail purchase decisions; (b) On December 31, 2008: (A) Met the requirements of paragraph (a)(A) to (D) of this subsection; and (B)(i) Was a stand-alone business with no other businesses or residential property attached; or (ii) Had a ventilation system that exhausted smoke from the business and was designed and terminated in accordance with the state building code standards for the occupancy classification in use; or (c)(A) Was certified as a smoke shop under ORS 433.835, as in effect immediately before June 30, 2011, by the authority on or before December 31, 2012; (B) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes; (C) Does not: (i) Sell or offer alcoholic beverages for on-premises consumption; or (ii) Allow on-premises consumption of alcoholic beverages; and (D) Prohibits persons under 21 years of age from entering the premises. (3) A smoke shop certified under subsection (2)(b) of this section must renew the smoke shop certification every five years by demonstrating to the satisfaction of the authority that the smoke shop: (a)(A) Meets the requirements of subsection (2)(a)(A) to (D) of this section; and (B)(i) Is a stand-alone business with no other businesses or residential property attached; or (ii) Has a ventilation system that exhausts smoke from the business and is designed and terminated in accordance with the state building code standards for the occupancy classification in use; and (b) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes. (4) A smoke shop certified under subsection (2)(c) of this section must renew the smoke shop certification every five years by demonstrating to the satisfaction of the authority that the smoke shop: (a) Meets the requirements of ORS 433.835, as in effect immediately before June 30, 2011; (b) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes; (c) Does not: (A) Sell or offer alcoholic beverages for on-premises consumption; or (B) Allow on-premises consumption of alcoholic beverages; and (d) Prohibits persons under 21 years of age from entering the premises. (5) The owner of a smoke shop certified under subsection (2)(b) or (c) of this section may transfer the certification with ownership of the smoke shop if the transfer is made in accordance with rules adopted by the authority. (6) A smoke shop certified under subsection (2)(b) of this section may continue to be certified in a new location under subsection (2)(b) of this section if: (a)(A) The new location occupies no more than 3,500 square feet; or (B) If the old location occupied more than 3,500 square feet, the new location occupies no more than 110 percent of the space occupied by the old location; and (b) The smoke shop as operated in the new location: (A) Meets the requirements of subsection (2)(a)(A) to (D) of this section; (B)(i) Is a stand-alone business with no other businesses or residential property attached; or (ii) Has a ventilation system that exhausts smoke from the business and is designed and terminated in accordance with the state building code standards for the occupancy classification in use; and (C) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes. (7) A smoke shop certified under subsection (2)(c) of this section may continue to be certified in a new location under subsection (2)(c) of this section if: (a)(A) The new location occupies no more than 3,500 square feet; or (B) If the old location occupied more than 3,500 square feet, the new location occupies no more than 110 percent of the space occupied by the old location; and (b) The smoke shop as operated in the new location: (A) Meets the requirements of ORS 433.835, as in effect immediately before June 30, 2011; (B) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes; (C) Does not: (i) Sell or offer alcoholic beverages for on-premises consumption; or (ii) Allow on-premises consumption of alcoholic beverages; and (D) Prohibits persons under 21 years of age from entering the premises. (8) Rules adopted under this section must provide that, in order to obtain a smoke shop certification, a business must agree to allow the authority to make unannounced inspections of the business to determine compliance with ORS 433.835 to 433.875. (9)(a) Subject to ORS chapter 183, the authority may revoke or refuse to issue or renew a certification to a smoke shop for a violation of any provision of ORS 433.835 to 433.875 or a violation of any rule adopted under ORS 433.835 to 433.875. (b) If the authority revokes the certification or denies the renewal of the certification of a smoke shop that was certified under subsection (2)(b) or (c) of this section, the authority may not issue a new certification to the smoke shop under subsection (2)(b) or (c) of this section. [2011 c.601 3; 2015 c.51 1; 2015 c.158 17; 2017 c.701 12; 2019 c.456 9]
(1) An employer: (a) Shall provide for employees a place of employment that is free of all smoke, aerosols and vapors containing inhalants; and (b) May not allow employees to smoke, aerosolize or vaporize inhalants at the place of employment. (2) Notwithstanding subsection (1) of this section: (a) The owner or person in charge of a hotel or motel may designate up to 25 percent of the sleeping rooms of the hotel or motel as rooms in which the smoking, aerosolizing or vaporizing of inhalants is permitted. (b) Smoking of noncommercial tobacco products for ceremonial purposes is permitted in spaces designated for traditional ceremonies in accordance with the American Indian Religious Freedom Act, 42 U.S.C. 1996. (c) The smoking of tobacco products is permitted in a smoke shop. (d) The smoking of cigars is permitted in a cigar bar that generated on-site retail sales of cigars of at least $5,000 for the calendar year ending December 31, 2006. (e) A performer may smoke or carry a lighted smoking instrument that does not contain tobacco or cannabis, and may aerosolize or vaporize a substance that does not contain nicotine or a cannabinoid, while performing in a scripted stage, motion picture or television production if: (A) The production is produced by an organization whose primary purpose is producing scripted productions; and (B) The act of smoking, aerosolizing or vaporizing is an integral part of the production. (f) The medical use of marijuana is permitted in the place of employment of a licensee of a professional licensing board as described in ORS 475C.892. (3) An employer, except in those places described in subsection (2) of this section, shall post signs that provide notice of the provisions of ORS 433.835 to 433.875. [1981 c.384 4,5; 2001 c.104 161; 2001 c.990 2; 2007 c.602 4; 2011 c.234 1; 2015 c.158 18; 2017 c.21 109]
(1) The Oregon Health Authority, in accordance with the provisions of ORS chapter 183: (a) Shall adopt rules necessary to implement the provisions of ORS 433.835 to 433.875; (b) Is responsible for ensuring compliance with ORS 433.835 to 433.875 and rules adopted under ORS 433.835 to 433.875; and (c) May impose a civil penalty not to exceed $500 per day for each violation of ORS 433.845 or 433.850 or a rule adopted under ORS 433.835 to 433.875. Penalties imposed under this paragraph must be collected in the manner provided in ORS 441.705 to 441.745. All moneys recovered under this paragraph shall be paid into the State Treasury and credited to: (A) The Tobacco Use Reduction Account established under ORS 431A.153, if the violation concerns nicotine; or (B) The Oregon Health Authority Fund established under ORS 413.101, if the violation concerns an inhalant other than nicotine. (2) In carrying out its duties under this section, the authority is not authorized to require any changes in ventilation or barriers in a public place or place of employment. This subsection does not limit the power of the authority to enforce the requirements of any other provision of law. (3) In public places that the authority regularly inspects, the authority shall check for compliance with the provisions of ORS 433.835 to 433.875. In other public places and places of employment, the authority shall respond to complaints, notifying the proprietor or person in charge of the requirements of ORS 433.835 to 433.875. If repeated complaints are received, the authority may take appropriate action to ensure compliance. (4) When a county has assumed responsibility of the duties and responsibilities under ORS 446.425 and 448.100, or contracted with the authority under ORS 190.110, the county is responsible for enforcing the provisions of ORS 433.835 to 433.875 and has the same enforcement power as the authority. [1981 c.384 6; 1991 c.734 21; 2001 c.104 162; 2001 c.990 6; 2003 c.309 6; 2007 c.445 36; 2007 c.602 5; 2009 c.595 686; 2011 c.597 84a; 2015 c.158 19]
The Oregon Health Authority or local public health authority, as defined in ORS 431.003, may institute an action in the circuit court of the county where the violation occurred to enjoin repeated violations of ORS 433.850. [1981 c.384 7; 2009 c.595 687; 2015 c.736 84]
ORS 433.835 to 433.875 and rules adopted under ORS 433.835 to 433.875 are in addition to and not in lieu of any other law regulating the smoking, aerosolizing or vaporizing of inhalants. [1981 c.384 11; 2001 c.104 164; 2001 c.990 5; 2007 c.602 6; 2015 c.158 20]
ORS 433.835 to 433.875 and 433.990 (5) shall be cited as the Oregon Indoor Clean Air Act. [1981 c.384 12; 2001 c.104 165; 2007 c.445 38]
(1) Violation of ORS 433.004 or 433.008, 433.255, 433.260 or 433.715 is a Class A misdemeanor. (2) Violation of ORS 433.010 is a Class C felony. (3) Violation of ORS 433.035 is a Class C misdemeanor. (4) Violation of ORS 433.131 is a Class D violation. (5) Violation of ORS 433.850 is a Class A violation. Fines imposed against a single employer under this subsection may not exceed $4,000 in any 30-day period. (6) Violation of ORS 433.345 or 433.365 is a Class B violation. Failure to obey any lawful order of the Director of the Oregon Health Authority issued under ORS 433.350 is a Class C misdemeanor. (7) Any organizer, as defined in ORS 433.735, violating ORS 433.745 commits a specific fine violation punishable by a fine of not more than $10,000. [Subsection (8) (1969 Replacement Part) enacted as 1957 c.422 2; subsection (8) derived from 434.990; 1971 c.648 23; subsection (9) enacted as 1971 c.413 6; subsection (10) enacted as 1971 c.597 7; 1973 c.779 46; 1979 c.492 6; 1979 c.828 13; subsection (5) enacted as 1981 c.384 10; 1987 c.320 232; 1987 c.600 16; 1999 c.1051 182; 2001 c.104 166; 2001 c.636 5; 2001 c.990 7; 2007 c.445 30; 2007 c.602 7; 2009 c.595 688; 2011 c.597 85; 2011 c.601 4]
Violation of ORS 433.329 is punishable, upon conviction, as provided in ORS 431.990. [Formerly 437.990]
(1) Appliances, drugs or medicinal preparations intended or that have special utility for the prevention of conception or sexually transmitted infections, or both, may not be manufactured or sold at wholesale in this state without a license issued by the State Board of Pharmacy, as provided in ORS 435.010 to 435.130. A license described in this subsection must be obtained in addition to other licenses required by law. (2) The prohibitions of subsection (1) of this section do not apply to practitioners as defined in ORS 689.005. [Amended by 1969 c.328 1; 1977 c.328 1; 1979 c.777 47; 2019 c.280 16; 2019 c.456 3]
(1) The following types of licenses shall be issued by the State Board of Pharmacy under ORS 435.010 to 435.130: (a) Wholesale licenses. (b) Manufacturing licenses. (2) The license application shall be made in writing on a form prescribed and furnished by the board and one such license shall be obtained for each wholesaler or manufacturer. Such licenses shall be publicly or conspicuously displayed, and open to inspection by the board or other authorized persons. [Amended by 1969 c.328 2; 1973 c.104 5; 1975 c.285 1]
Wholesale and manufacturer licenses shall be issued only to persons authorized to sell or distribute the appliances, drugs or medicinal preparations mentioned in ORS 435.010. [Amended by 1969 c.328 3; 1977 c.328 2]
(1) All licenses shall be issued by the State Board of Pharmacy on written application and payment of an annual license fee for each manufacturer or wholesale license, which fee shall not exceed $300. (2) Licenses shall be in effect for one year from January 1 of each year or such date as may be specified by board rule. [Amended by 1963 c.96 2; 1967 c.183 1; 1973 c.104 4; 1975 c.285 2; 1993 c.18 109; 1993 c.571 23; 2007 c.768 3]
(1) Notwithstanding ORS chapter 183, the State Board of Pharmacy may revoke any license for violation of ORS 435.010 to 435.130 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]
(1) A licensee may, within 30 days from the date of the service of notice of revocation, appeal to the circuit court of the county in which the licensee is doing business under the license for a review of the action of the State Board of Pharmacy in revoking the license and of the action of the sheriff in making a seizure thereunder. (2) The appeal shall be taken by filing in the circuit court a copy of the notice of revocation and a denial or statement in writing and sworn to by the licensee putting in issue such facts in connection therewith as the licensee may desire to dispute or put in controversy. A copy of this sworn statement shall be served upon the State Board of Pharmacy by the licensee at the time of filing the same. (3) The court may then proceed to hear and dispose of the matter in a summary manner upon such testimony and evidence as the licensee and the State Board of Pharmacy, the Attorney General or the district attorney of the county in question shall offer. (4) If the court finds that the action of the State Board of Pharmacy in revoking such license or in making such seizure was without sufficient grounds, it shall order the license to be reinstated and the property seized to be restored. If the court finds that the licensee has been guilty of a violation of ORS 435.010 to 435.130 and that the revocation of license was justifiable, the property seized shall be ordered by the court to be destroyed and the sheriff shall carry out such order.


(1) The Oregon Health Authority shall adopt and promulgate from time to time and have jurisdiction over the establishing of such standards relating to and governing the articles and medicinal preparations mentioned in ORS 435.010 as may be deemed necessary by the authority in the interest of disease prevention. (2) The State Board of Pharmacy may adopt other rules to enforce and carry out the provisions of ORS 435.010 to 435.130 in cooperation with the authority. (3) The authority shall cause to have published the brand names of all goods of the class specified in ORS 435.010 that comply with the standards prescribed under subsection (1) of this section. [Amended by 1975 c.285 5; 2009 c.595 690]

All license fees collected under ORS 435.010 to 435.130 shall be retained and used by the board in carrying out and enforcing ORS 435.010 to 435.130, except as provided in this section. [Amended by 1987 c.905 23]
Justice courts have concurrent jurisdiction with the circuit courts over all violations of ORS 435.010 to 435.130.
(1) A public body as defined in ORS 174.109 or, except as provided in ORS 435.225, an officer, employee or agent of a public body may not: (a) Deprive a consenting individual of the right to obtain and use safe and effective methods of contraception; or (b) Interfere with or restrict, in the regulation or provision of benefits, facilities, services or information, the right of consenting individuals to obtain and use safe and effective methods of contraception. (2) Nothing in this section is intended to prevent the application of laws, rules, ordinances or taxes that affect the method or manner of sales or distribution of contraceptive devices, provided the laws, rules, ordinances or taxes are designed to promote public health and safety and do not unreasonably burden public access to contraception. (3) As used in this section: (a) "Contraception" means the use of any process, device or method to prevent pregnancy, including steroidal, chemical, physical or barrier, natural or permanent methods for preventing the union of an ovum with the spermatozoon, or preventing the subsequent implantation of the fertilized ovum in the uterus, and includes all postcoital methods, drugs or devices approved by the United States Food and Drug Administration to prevent pregnancy. (b) "Pregnancy" is the period of time from implantation of a fertilized ovum in the uterus to delivery. A woman shall be presumed pregnant if she is premenopausal and exhibits signs of pregnancy, including missed menses, until disproved by a laboratory test or until delivery. [2007 c.182 7]
(1) The Oregon Health Authority and every local health department shall offer family planning and birth control services within the limits of available funds. Both agencies jointly may offer such services. The Director of the Oregon Health Authority or a designee shall initiate and conduct discussions of family planning with each person who might have an interest in and benefit from such service. The authority shall furnish consultation and assistance to local health departments. (2) Family planning and birth control services may include interviews with trained personnel; distribution of literature; referral to a licensed physician, physician assistant licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390 for consultation, examination, medical treatment and prescription; and, to the extent so prescribed, the distribution of rhythm charts, the initial supply of a drug or other medical preparation, contraceptive devices and similar products. (3) Any literature, charts or other family planning and birth control information offered under this section in counties in which a significant segment of the population does not speak English shall be made available in the appropriate foreign language for that segment of the population. (4) In carrying out its duties under this section, and with the consent of the local public health authority as defined in ORS 431.003, the local health department may adopt a fee schedule for services provided by the local health department. The fees shall be reasonably calculated not to exceed costs of services provided and may be adjusted on a sliding scale reflecting ability to pay. (5) The local health department shall collect fees according to the schedule adopted under subsection (4) of this section. Such fees may be used to meet the expenses of providing the services authorized by this section. [1967 c.491 1,2; 1971 c.396 1; 1971 c.779 65; 1973 c.253 1; 2001 c.900 159; 2009 c.595 692; 2014 c.45 56; 2015 c.736 86; 2017 c.356 65]
The refusal of any person to accept family planning and birth control services shall in no way affect the right of such person to receive public assistance, medical assistance, as defined in ORS 414.025, or any other public benefit and every person to whom such services are offered shall be so advised initially both orally and in writing. Employees engaged in the administration of ORS 435.205 to 435.235 shall recognize that the right to make decisions concerning family planning and birth control is a fundamental personal right of the individual and nothing in ORS 435.205 to 435.235 shall in any way abridge such individual right, nor shall any individual be required to state the reason for refusing the offer of family planning and birth control services. [1967 c.491 3; 1971 c.779 66; 1987 c.158 81; 2013 c.688 91]
Any employee of the Oregon Health Authority may refuse to accept the duty of offering family planning and birth control services to the extent that such duty is contrary to the personal or religious beliefs of the employee. However, such employee shall notify the immediate supervisor in writing of such refusal in order that arrangements may be made for eligible persons to obtain such information and services from another employee. Such refusal shall not be grounds for any disciplinary action, for dismissal, for any interdepartmental transfer, for any other discrimination in employment, or for suspension from employment, or for any loss in pay or other benefits. [1967 c.491 4; 1971 c.779 67; 2009 c.595 693]
ORS 435.205 to 435.235 shall be liberally construed to protect the rights of all individuals to pursue their religious beliefs, to follow the dictates of their own consciences, to prevent the imposition upon any individual of practices offensive to the individuals moral standards, to respect the right of every individual to self-determination in the procreation of children, and to insure a complete freedom of choice in pursuance of constitutional rights. [1967 c.491 5]
The Legislative Assembly declares that: (1) It is the public policy of this state that all Oregonians right to freedom from unreasonable government intrusion into their private lives, and specifically the right of consenting individuals to obtain and use methods of contraception without interference by governmental entities, shall be safeguarded; and (2) The laws of this state must be interpreted and construed to recognize and protect these rights. [2007 c.182 1]
As used in this section and ORS 435.254: (1) "Care to a victim of sexual assault" means a medical examination, procedure or service provided by a licensed medical provider to a victim of sexual assault. (2) "Culturally competent" means sensitive to the patients faith, race, ethnicity and national origin. (3) "Emergency contraception" means the use of a drug or device that is approved by the United States Food and Drug Administration to prevent pregnancy after sexual intercourse. (4) "Hospital" has the meaning given that term in ORS 442.015, excluding institutions described in ORS 441.065. (5) "Sexual assault" means any unwanted sexual contact as defined in ORS 163.305. (6) "Victim of sexual assault" means: (a) An individual who states that a sexual assault has been committed against the individual or who is accompanied by a person who states that the individual is a victim of sexual assault; or (b) An individual who hospital personnel have reason to believe is a victim of sexual assault. [2007 c.182 4]
(1) A hospital providing care to a female victim of sexual assault shall: (a) Promptly provide the victim with unbiased, medically and factually accurate written and oral information about emergency contraception; (b) Promptly orally inform the victim of her option to be provided emergency contraception at the hospital; and (c) If requested by the victim and if not medically contraindicated, provide the victim with emergency contraception immediately at the hospital, notwithstanding ORS 147.397. (2)(a) In collaboration with victim advocates, other interested parties and nonprofit organizations that provide intervention and support services to victims of sexual assault and their families, the Oregon Health Authority shall develop, prepare and produce informational materials relating to emergency contraception for the prevention of pregnancy in victims of sexual assault for distribution to and use in all hospital emergency departments in the state, in quantities sufficient to comply with the requirements of this section. (b) The Director of the Oregon Health Authority, in collaboration with community sexual assault programs and other relevant stakeholders, may approve informational materials developed, prepared and produced by other entities for the purposes of paragraph (a) of this subsection. (c) All informational materials must: (A) Be clearly written and easily understood in a culturally competent manner; and (B) Contain an explanation of emergency contraception, including its use, safety and effectiveness in preventing pregnancy, including but not limited to the following facts: (i) Emergency contraception has been approved by the United States Food and Drug Administration as an over-the-counter medication for women 18 years of age or older and is a safe and effective way to prevent pregnancy after unprotected sexual intercourse or after contraceptive failure, if taken in a timely manner. (ii) Emergency contraception is more effective the sooner it is taken. (iii) Emergency contraception will not disrupt an established pregnancy. (3) The authority shall respond to complaints of violations of ORS 435.256 in accordance with ORS 441.044. (4) The authority shall incorporate the requirements of this section in rules adopted pursuant to ORS 441.025 that prescribe the care to be given to patients at hospitals. (5) The director shall adopt rules necessary to carry out the provisions of this section. (6) Information required to be provided under subsection (1) of this section is medically and factually accurate if the information is verified or supported by the weight of research conducted in compliance with accepted scientific methods and based upon: (a) Reports in peer-reviewed journals; or (b) Information that leading professional organizations, such as the American College of Obstetricians and Gynecologists, and agencies with expertise in the field recognize as accurate and objective. [2007 c.182 5; 2009 c.595 694; 2009 c.792 36]
The Oregon Health Authority may impose a civil penalty against a hospital for each violation of the rules adopted under ORS 435.254. A civil penalty imposed under this section may not exceed $1,000 for each violation upon inspection or each substantiated complaint filed. [2007 c.182 6; 2009 c.595 695]
(1) A person may be sterilized by appropriate means upon request and upon the advice of a physician licensed under ORS chapter 677, naturopathic physician licensed under ORS chapter 685 or physician assistant licensed under ORS 677.505 to 677.525. (2) A health care provider described in this section, or a hospital, may not be held liable for performing a sterilization without obtaining the consent of the spouse of the person sterilized. (3) Free clinics to sterilize males under subsections (1) and (4)(d) of this section may be conducted as a part of the program provided for in ORS 435.205. (4)(a) A nurse practitioner licensed by the Oregon State Board of Nursing under ORS 678.375 and acting within the scope of practice authorized by the board may provide medical advice to any person about a sterilization procedure. (b) A nurse practitioner may acknowledge and sign a consent to sterilization procedure form if, no fewer than 30 days before the procedure, the form is provided to and signed by the person on whom the procedure will be performed. (c) A nurse practitioner may not acknowledge or sign a consent to sterilization procedure form if the form is provided to or signed by the person on whom the procedure will be performed fewer than 30 days before the procedure. (d) A nurse practitioner may not perform a sterilization procedure on any person, except that a nurse practitioner may perform a vasectomy. [1967 c.441 15; 1969 c.31 1; 1973 c.479 1; 1975 c.591 1; 1987 c.158 82; 2005 c.471 5; 2014 c.45 57; 2017 c.356 66; 2017 c.381 1]
The refusal of any person to consent to a termination of pregnancy or to submit thereto shall not be grounds for loss of any privilege or immunity to which the person is otherwise entitled nor shall consent to or submission to a termination of pregnancy be imposed as a condition to the receipt of any public benefits. [1969 c.684 7,12; 1983 c.470 5]
(1) Except as provided in subsection (3) of this section, no hospital is required to admit any patient for the purpose of terminating a pregnancy. No hospital is liable for its failure or refusal to participate in such termination if the hospital has adopted a policy not to admit patients for the purposes of terminating pregnancies. However, the hospital must notify the person seeking admission to the hospital of its policy. (2) All hospitals that have not adopted a policy not to admit patients seeking termination of a pregnancy shall admit patients seeking such termination in the same manner and subject to the same conditions as imposed on any other patient seeking admission to the hospital. (3) No hospital operated by this state or by a political subdivision in this state is authorized to adopt a policy of excluding or denying admission to any person seeking termination of a pregnancy. [1969 c.684 9; 1983 c.470 2]
(1) A physician or naturopathic physician is not required to give advice with respect to or participate in any termination of a pregnancy if the refusal to do so is based on an election not to give such advice or to participate in such terminations and the physician or naturopathic physician so advises the patient. (2) A hospital employee or member of the hospital medical staff is not required to participate in any termination of a pregnancy if the employee or staff member notifies the hospital of the election not to participate in such terminations. [1969 c.684 10,11; 1983 c.470 3; 2017 c.356 67]
(1) Each induced termination of pregnancy which occurs in this state, regardless of the length of gestation, shall be reported to the Center for Health Statistics within 30 days by the person in charge of the institution in which the induced termination of pregnancy was performed. If the induced termination of pregnancy was performed outside an institution, the attending physician or the naturopathic physician shall prepare and file the report. (2) If the person who is required to file the report under subsection (1) of this section has knowledge that the person who underwent the induced termination of pregnancy also underwent a follow-up visit or had follow-up contact with a health care provider, the person shall include the fact of the follow-up visit or contact, and whether any complications were noted, in the report. If the person filing the report is not personally aware of the follow-up visit or contact but was informed of the visit or contact, the person shall include the source of that information in the report. (3) Reports submitted under this section shall not disclose the names or identities of the parents. [1983 c.709 14a (enacted in lieu of 435.495); 1997 c.783 46; 2017 c.356 68]
(1) Violation of any of the provisions of ORS 435.010 to 435.130 is a Class C misdemeanor. (2) Sale at wholesale or retail of any goods of the class specified in ORS 435.010 that do not comply with standards promulgated under ORS 435.100 (1) is a Class C misdemeanor. [Subsection (2) enacted as 1975 c.285 7; 2011 c.597 196]
As used in this chapter unless the context requires otherwise: (1) "Best interest" means that: (a) The individual is physically capable of procreating; (b) The individual is likely to engage in sexual activity at the present or in the near future under circumstances likely to result in pregnancy; (c) All less drastic alternative contraceptive methods, including supervision, education and training, have proved unworkable or inapplicable, or are medically contraindicated; (d) The proposed method of sterilization conforms with standard medical practice, is the least intrusive method available and appropriate, and can be carried out without unreasonable risk to the life and health of the individual; and (e) The nature and extent of the individuals disability, as determined by empirical evidence and not solely on the basis of standardized tests, renders the individual permanently incapable of caring for and raising a child, even with reasonable assistance. (2) "Informed consent" means consent given by an individual 15 years of age or older for sterilization that is: (a) Based upon a full understanding of the nature and consequences of sterilization pursuant to information requirements set forth in ORS 436.225 (1); (b) Given by an individual competent to make such a decision; and (c) Wholly voluntary and free from coercion, express or implied. (3) "Respondent" is the individual for whom sterilization is sought and is the subject of a petition pursuant to this chapter. (4) "Sterilization" means any medical procedure, treatment or operation for the purpose of rendering an individual permanently incapable of procreating. [1983 c.460 3; 1991 c.67 116]
The Legislative Assembly finds and declares that sterilization procedures are highly intrusive, generally irreversible and represent potentially permanent and highly significant consequences for individuals incapable of giving informed consent. The Legislative Assembly recognizes that certain legal safeguards are required to prevent indiscriminate and unnecessary sterilization of such individuals, and to assure equal access to desired medical procedures for these Oregon citizens. [1983 c.460 4]
(1) In obtaining informed consent for sterilization a physician, physician assistant or nurse practitioner must offer to answer any questions the individual to be sterilized may have concerning the proposed procedure, and must provide orally all of the following information or advice to the individual to be sterilized: (a) Advice that the individual is free to withhold or withdraw consent to the procedure at any time before the sterilization without affecting the right to future care or treatment; (b) A description of available alternative methods of family planning and birth control; (c) Advice that the sterilization procedure is considered to be irreversible; (d) A thorough explanation of the specific sterilization procedure to be performed; (e) A full description of the discomforts and risks that may accompany or follow the performing of the procedure, including an explanation of the type and possible effects of any anesthetic to be used; and (f) A full description of the benefits or advantages that may be expected as a result of the sterilization. (2) A natural parent, or a legal guardian or conservator of a minor child or protected person appointed under ORS chapter 125, may not give substitute consent for sterilization. (3) Whenever any physician, physician assistant or nurse practitioner has reason to believe an individual 15 years of age or older is unable to give informed consent, no sterilization shall be performed until it is determined by a circuit court that the individual involved is able to and has given informed consent. Whenever the court determines, under the provisions of this chapter, that a person lacks the ability to give informed consent, the court shall permit sterilization only if the person is 18 years of age or older and only upon showing that such operation, treatment or procedure is in the best interest of the individual. (4) Informed consent may not be obtained while the individual to be sterilized is: (a) In labor or childbirth; (b) Seeking to obtain or obtaining an abortion; or (c) Under the influence of alcohol or other substances that affect the individuals state of awareness. [1983 c.460 5; 1995 c.664 98; 2014 c.45 58]
A petition for a determination of a persons ability to give informed consent to a sterilization procedure may be filed by the person seeking sterilization, the attending physician, physician assistant or nurse practitioner of the person seeking sterilization, or by an interested person concerned with the respondents health and well-being. Such a petition shall be filed in the circuit court in the county in which the respondent resides or has domicile. [1983 c.460 6; 2014 c.45 59]
The petition for determination of ability to give informed consent for sterilization shall be executed under oath and shall set forth: (1) The name, age and residence of the respondent. (2) The names and residences of any parents, spouse, legal guardian or conservator of the respondent. (3) A statement of the facts describing the respondents alleged inability to give informed consent for sterilization. (4) A statement of facts indicating the likelihood or unlikelihood that the respondent will have the ability to make an informed decision about sterilization in the foreseeable future. (5) A statement of the reasons for which sterilization is sought. (6) The name, position and statement of interest of the person initiating the petition or any person assisting the respondent with a self-initiated petition. [1983 c.460 7]
(1) Upon such a petition for determination of ability to give informed consent, the court shall assign a time, not later than 30 days thereafter, and a place for hearing the petition. (2) The court may, at its discretion, hold a hearing on the petition at a place other than the courtroom if it would facilitate the presence of the respondent. The court shall cause a copy of the petition and notice of the hearing to be served on the respondent and the respondents parent, legal guardian or conservator, if any, at least 14 days prior to the hearing date. Notice is also required to the following: (a) The spouse of the respondent, if any; (b) The sibling of the respondent if there are no living parents; (c) The system described in ORS 192.517 (1); and (d) Such other persons as the court may determine have an interest in the respondent. (3) If the parent or legal guardian of the respondent is not a resident of this state, notice may be served by registered mail or by certified mail with return receipt. If the residence of the respondents parent or legal guardian is unknown, an affidavit so stating shall be filed in lieu of service. [1983 c.460 8; 1991 c.249 36; 2003 c.14 247; 2005 c.498 10]
(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. 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. [1983 c.460 9; 2001 c.962 75]
(1) At any hearing upon such petition, the court shall receive evidence concerning the respondents ability to give informed consent. Such evidence shall include, but shall not be limited to: (a) Testimony from the respondent regarding the respondents receipt and understanding of the information set forth in ORS 436.225 (1); and (b) Reports from an interdisciplinary team of at least three professionals who have experience working with disabilities similar to those affecting the respondent. The reports shall: (A) Contain specific information regarding the respondents ability to give informed consent; (B) Indicate the specific aspects, if any, of informed consent that the respondent lacks; and (C) Contain a statement by each professional explaining the reason for the professionals opinion. (2) For purposes of subsection (1)(a) of this section, "testimony" means: (a) Sworn testimony given in person by the respondent to the court at any hearing on the respondents ability to give informed consent to sterilization; or (b) A sworn affidavit, if the respondents presence has been waived pursuant to ORS 436.285. (3) The respondent or the respondents counsel shall have the right to present evidence and to cross-examine witnesses who testify at the hearing. (4) Witnesses or other persons necessary for the conduct of the hearing may be subpoenaed. The person filing the petition or the respondent may have compulsory attendance of witnesses on behalf of the requesting party in the same manner as provided in ORS 136.567 to 136.603. The form of the subpoena shall be substantially as provided in ORS 136.575 (4) or (6), but shall describe the action as a "probate sterilization proceeding" and the appearance as on behalf of "the petitioner," or "the respondent." [1983 c.460 10; 2001 c.255 1]
The respondent shall be present at any hearing regarding respondents ability to give informed consent to sterilization, unless that right is waived by the person, personally or through the respondents attorney. The court shall approve of a waiver only if the presence of the respondent grossly interrupts the proceeding or such presence is medically contraindicated. The court shall inquire at the time of the hearing as to the types and effects of any medication being administered to or taken by the respondent. [1983 c.460 11; 1991 c.67 117]
(1) If the court does not determine by clear and convincing evidence that the respondent lacks the ability to give informed consent for sterilization: (a) If the court determines that the respondent has the ability to give informed consent to sterilization, the court shall issue an order so stating and permitting the sterilization to be performed. Prior to the performance of the sterilization, the physician, physician assistant or nurse practitioner and hospital involved shall obtain the written informed consent of the person for sterilization. (b) If the respondent refuses to consent to sterilization, the court shall issue an order so stating and forbidding sterilization of the respondent, unless the respondent later makes a different choice and only after a rehearing under this section. (2) If the court determines by clear and convincing evidence that the respondent lacks the ability to give informed consent for sterilization, the court shall retain its jurisdiction and continue the hearing to determine whether sterilization is in the best interests of the respondent. [1983 c.460 12; 2001 c.255 2; 2014 c.45 60]
(1) In determining whether sterilization is in the best interest of the respondent, the court shall hear evidence including, but not limited to, medical, psychological and social evidence as to whether such sterilization is in the best interest of the individual as defined in ORS 436.205 (1). (2) The respondent or counsel shall have the right to present evidence and to cross-examine witnesses who testify at the hearing. Witnesses or other persons necessary for the conduct of the hearing may be subpoenaed. (3) The court shall give its consent to sterilization only if it finds by clear and convincing evidence that sterilization is in the best interest of the respondent. The court shall furnish findings to support its conclusion. [1983 c.460 13]
If the respondent is determined to be financially eligible for appointed counsel at state expense, the court, upon the request of the person or upon its own motion, shall appoint suitable counsel to represent the respondent on appeal. Counsel appointed by the court shall be paid compensation, as provided in ORS 138.500. Compensation for counsel and costs and expenses necessary shall be determined and paid as provided in ORS 138.500. [1983 c.460 16; 1985 c.502 27; 2001 c.962 76]
Nothing in this chapter limits surgical procedures which are medically indicated and which may result in sterilization. However, a hysterectomy shall not be performed solely for the purpose of sterilization or for the purpose of hygiene and sanitary care of a females menses. [1983 c.460 14]
(1) The disposition of all cases under this chapter shall be reported to the State Court Administrator. The State Court Administrator shall forward any reported information to the system described in ORS 192.517 (1). (2) The system described in ORS 192.517 (1) shall review biennially all cases pertaining to sterilization under this chapter and shall report to the Legislative Assembly its assessment of the need for any changes in the procedures or standards set forth in this chapter. [1983 c.460 15; 1985 c.309 1; 1987 c.158 83; 2003 c.14 248; 2005 c.498 11]
[Amended by 1989 c.224 90; 2009 c.595 696; renumbered 433.329 in 2011]
[Amended by 1989 c.224 91; 2007 c.70 239; 2009 c.595 697; renumbered 433.332 in 2011]
[Amended by 1969 c.14 5; 1973 c.829 53; 1983 c.740 153a; renumbered 433.992 in 2011]
As used in ORS 438.010 to 438.510, unless the context requires otherwise: (1) "Authority" means the Oregon Health Authority. (2) "Clinical laboratory" or "laboratory" means a facility where the microbiological, serological, chemical, hematological, immunohematological, immunological, toxicological, cytogenetical, exfoliative cytological, histological, pathological or other examinations are performed on materials derived from the human body, for the purpose of diagnosis, prevention of disease or treatment of patients by physicians, dentists and other persons who are authorized by license to diagnose or treat humans. (3) "Clinical laboratory specialty" or "laboratory specialty" means the examination of materials derived from the human body for the purpose of diagnosis and treatment of patients or assessment of health, employing one of the following sciences: Serology, microbiology, chemistry, hematology, immunohematology, immunology, toxicology, cytogenetics, exfoliative cytology, histology or pathology. (4) "Clinician" means a nurse practitioner licensed by the Oregon State Board of Nursing, or a physician assistant licensed by the Oregon Medical Board. (5) "Custody chain" means the handling of specimens in a way that supports legal testimony to prove that the sample integrity and identification of the sample have not been violated, as well as the documentation describing those procedures from specimen collection to the final report. (6) "Dentist" means a person licensed to practice dentistry by the Oregon Board of Dentistry. (7) "Director of clinical laboratory" or "director" means the person who plans, organizes, directs and participates in any or all of the technical operations of a clinical laboratory, including but not limited to reviewing laboratory procedures and their results, training and supervising laboratory personnel, and evaluating the technical competency of such personnel. (8) "Health screen testing" means tests performed for the purpose of identifying health risks, providing health information and referring the person being tested to medical care. (9) "High complexity laboratory" means a facility that performs testing classified as highly complex in the specialties of microbiology, chemistry, hematology, diagnostic immunology, immunohematology, clinical cytogenetics, cytology, histopathology, oral pathology, pathology, radiobioassay and histocompatibility and that may also perform moderate complexity tests and waived tests. (10) "High complexity test" means a procedure performed on materials derived from the human body that meet the criteria for this category of testing in the specialties of microbiology, chemistry, hematology, immunohematology, diagnostic immunology, clinical cytogenetics, cytology, histopathology, oral pathology, pathology, radiobioassay and histocompatibility as established by the authority. (11) "Laboratory evaluation system" means a system of testing clinical laboratory methods, procedures and proficiency by periodic performance and reporting on test specimens submitted for examination. (12) "Moderate complexity laboratory" means a facility that performs testing classified as moderately complex in the specialties of microbiology, hematology, chemistry, immunohematology or diagnostic immunology and may also perform any waived test. (13) "Moderate complexity test" means a procedure performed on materials derived from the human body that meet the criteria for this category of testing in the specialties of microbiology, hematology, chemistry, immunohematology or diagnostic immunology as established by the authority. (14) "Operator of a substances of abuse on-site screening facility" or "operator" means the person who plans, organizes, directs and participates in any or all of the technical and administrative operations of a substances of abuse on-site screening facility. (15) "Owner of a clinical laboratory" means the person who owns the clinical laboratory, or a county or municipality operating a clinical laboratory or the owner of any institution operating a clinical laboratory. (16) "Physician" means a person licensed to practice medicine by the Oregon Medical Board. (17) "Physician performed microscopy procedure" means a test personally performed by a physician or other clinician during a patients visit on a specimen obtained during the examination of the patient. (18) "Physician performed microscopy procedures" means a limited group of tests that are performed only by a physician or clinician. (19) "Specimen" means materials derived from a human being or body. (20) "Substances of abuse" means ethanol, cannabis and controlled substances. (21) "Substances of abuse on-site screening facility" or "on-site facility" means a location where on-site tests are performed on specimens for the purpose of screening for the detection of substances of abuse. (22) "Substances of abuse on-site screening test" or "on-site test" means a substances of abuse test that is easily portable and can meet the requirements of the federal Food and Drug Administration for commercial distribution or an alcohol screening test that meets the requirements of the conforming products list found in the United States Department of Transportation National Highway Traffic Safety Administration Docket No. 94-004 and meets the standards of the United States Department of Transportation Alcohol Testing Procedure, 49 C.F.R. part 40, in effect on October 23, 1999. (23) "Waived test" means a procedure performed on materials derived from the human body that meet the criteria for this category of testing as established by the authority. [1969 c.685 2; 1989 c.776 1; 1993 c.109 3; 1997 c.355 1; 1999 c.739 1; 2001 c.104 168; 2001 c.900 255; 2009 c.595 698; 2017 c.21 62; 2019 c.358 13]
It shall be the declarative purpose of ORS 438.010 to 438.510 to ensure the quality of medical laboratory work in order to protect the health and welfare of the people of the State of Oregon by establishing a regulatory program for clinical laboratories. [1969 c.685 1; 2001 c.104 169]
It is unlawful: (1) For any owner or director of a clinical laboratory to operate or maintain a clinical laboratory without a license issued under ORS 438.110 or without a temporary permit issued under ORS 438.150 or to perform or permit the performance of any laboratory specialty for which the laboratory is not licensed except as specified under ORS 438.050, unless the laboratory has been issued a valid certificate from the federal government under the Clinical Laboratory Improvement Amendments of 1988 (P.L. 100-578, 42 U.S.C. 201 and 263a). (2) For an out-of-state laboratory to perform health screen testing in Oregon without a permit issued under ORS 438.150 (5). (3) For any person to serve in the capacity of director of a clinical laboratory without being qualified as a clinical laboratory director under ORS 438.210. [1969 c.685 3; 1999 c.341 1; 2005 c.22 298]
(1) ORS 438.010 to 438.510 apply to all clinical laboratories and laboratory personnel within the State of Oregon, except: (a) Clinical laboratories operated by the United States Government. (b) Clinical laboratories operated and maintained purely for research or teaching purposes, and that involve no patient or public health services. (2) Nothing in ORS 438.010 to 438.510 is intended to confer on any licensed practitioner of the healing arts any authority the practitioner would not otherwise possess under the license. [1969 c.685 4,20; 1973 c.829 54; 1979 c.193 1; 1993 c.109 4; 2001 c.104 170]
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]
Notwithstanding ORS 438.050, any person performing health screen testing must obtain a permit under ORS 438.150 (5). However, an employer providing health screen testing to employees of the employer is exempt from the applications of ORS 438.010, 438.130, 438.150 and this section if such employer contracts for the testing through a licensed physician, a clinical laboratory or a hospital, which is a permittee of the Oregon Health Authority as provided in this section. [1989 c.776 3; 2009 c.595 699]
The Oregon Health Authority shall establish by rule the qualifications and responsibilities of technical and clinical consultants, general and technical supervisors and testing personnel. A person is qualified to act as a technical or clinical consultant, a general or technical supervisor, or a testing person in a clinical laboratory if the person meets the requirements established by the authority. Rules adopted under this section shall not be more stringent than comparable rules adopted under the Clinical Laboratory Improvement Amendments of 1988 (P.L. 100-578; 42 U.S.C. 201 and 263a). [1993 c.109 2; 2009 c.595 700]
(1) The Oregon Health Authority shall establish four levels of laboratory licenses as follows: (a) A high complexity laboratory license; (b) A moderate complexity laboratory license; (c) A physician performed microscopy laboratory license; and (d) A waived laboratory license. (2) The authority shall issue and renew licenses required under ORS 438.040 for any or all clinical laboratory specialties to the owners of clinical laboratories who demonstrate to the satisfaction of the authority that: (a) The clinical laboratory is in compliance with ORS 438.010 to 438.510 and the rules of the authority adopted under ORS 438.450; (b) The laboratory is adequately equipped to perform proficiently within the scope of its license; (c) The clinical laboratory has facilities for retaining and does retain complete laboratory records for an appropriate length of time as the authority by rule may require; and (d) The clinical laboratory meets the standards of the authority for safety, sanitary conditions, plumbing, ventilation, handling of specimens, maintenance of equipment and requirements of general hygiene to insure protection of the public health. [1969 c.685 5; 1971 c.650 18; 1993 c.109 5; 1999 c.341 3; 2001 c.104 171; 2009 c.595 701]
(1) In determining the specialties that are authorized to be performed in a clinical laboratory, the Oregon Health Authority shall consider laboratory personnel, with particular emphasis on the qualifications of the director, laboratory equipment and any other relevant factors affecting the ability of the laboratory to perform different laboratory specialties. (2) No laboratory shall be licensed to perform examinations in the fields of surgical pathology, autopsy pathology, exfoliative cytology, or immunohematology, unless its director is a physician or dentist specifically qualified in these fields. The authority may establish exemptions from the requirements of this subsection for the field of immunohematology. (3) The list of waived tests, physician performed microscopy procedures and moderate and high complexity tests shall be established by the authority. [1969 c.685 6; 1993 c.109 6; 1999 c.341 4; 2009 c.595 702]
(1) The application for a license for a clinical laboratory shall be made on forms provided by the Oregon Health Authority and shall be executed by the owner or one of the owners or by an officer of the firm or corporation owning the clinical laboratory, or in the case of a county or municipality, by the public official responsible for operation of the laboratory, or in the case of an institution, by the administrator of the institution. The application shall contain the names of the owner, the director or directors of the clinical laboratory, the location and physical description of the clinical laboratory, the laboratory specialties for which a license is requested and such other information as the authority may require. (2)(a) The application shall be accompanied by an annual or biennial license fee to be established by the authority. The fee shall be based on test volume, test complexity, the number of specialties performed and private laboratory accreditation. For each level of laboratory testing, the fee shall be not more than 100 percent of the corresponding fee charged by the federal laboratory certification program known as the Clinical Laboratory Improvement Amendments of 1988 (P.L. 100-578, 42 U.S.C. 201 and 263a) in effect on July 1, 1999. The fee for substance of abuse screening laboratories not certified under the Clinical Laboratory Improvement Amendments of 1988 shall be comparable to the clinical laboratory fee established under this section. (b) The authority may establish prorated fees for licenses issued for a year or less and when there is a change in the laboratorys owner, director or address. A prorated license fee shall be issued to a laboratory accredited by an organization recognized by the authority. (3) Unless sooner voided, suspended or revoked, all licenses issued under this section expire on June 30 of the one-year or two-year cycle following the date of issuance or on such date as may be specified by authority rule. Licenses issued under this section shall be renewable in the manner prescribed by the authority. (4) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and charges, the fees and charges established under this section shall not exceed the cost of administering the regulatory program of the authority pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the authoritys budget, as the budget may be modified by the Emergency Board. [1969 c.685 7; 1977 c.284 3; 1979 c.696 2; 1989 c.776 5; 1991 c.703 6; 1993 c.109 7; 1999 c.341 5,6; 2007 c.768 4; 2009 c.595 703]
(1) A license issued to the owner of a clinical laboratory shall show on its face the names of the owners and directors, the location of the laboratory and the clinical laboratory specialties authorized under the license. The license shall be displayed at all times in a prominent place in the laboratory. (2) A license issued to the owner of a clinical laboratory is not transferable. The license of the laboratory is voided 30 days after a change in its director if it has only one director or if all directors change or a change in the ownership or in the location of the laboratory. In case of death of a director, immediate notification to the Director of the Oregon Health Authority or a designee who shall be empowered to issue a special temporary permit of 30 days duration issued to a designated substitute director is required. If a license is voided or a special temporary permit is issued under this section, a new license application, accompanied by the nonrefundable license fee prescribed in ORS 438.130, shall be filed with the authority. [1969 c.685 8; 2009 c.595 704]
(1) In addition to the license of a clinical laboratory required by ORS 438.040, the Oregon Health Authority may issue a temporary permit valid for a period, to be determined by the authority, from the date of issuance in any or all clinical laboratory specialties upon payment of the respective required fees as described in ORS 438.130 (2). (2) In issuing the temporary permit, the authority may require that: (a) Plans for compliance with applicable laws and rules be submitted with the application for the temporary permit; (b) During the period in which the temporary permit is in effect periodic reports be submitted on the progress of the plans for compliance; and (c) Special temporary provisions specified by the authority upon application of the temporary permit be maintained for the protection of the public. (3) If at any time the authority determines that the clinical laboratory can no longer operate in a manner that protects the public health and safety or that the requirements imposed under subsection (2) of this section are not being maintained, the authority shall cancel the temporary permit. (4) One renewal of the temporary permit may be granted if deemed to be in the best interest of public health by the authority. The fee for renewal is the respective required fee as described in ORS 438.130 (2). (5) The authority may issue permits for health screen testing. (6) The authority by rule shall specify: (a) Appropriate quality assurance procedures; (b) Personnel qualifications; (c) Standards for counseling and referral of persons being tested; (d) Tests a health testing service may conduct; (e) The procedure for applying for a permit; and (f) The procedure for reporting to the authority the location of all health screening facilities. (7) The authority by rule may specify the maximum length of time a health screen testing service may remain in one location. [1969 c.685 9; 1989 c.776 2; 2007 c.71 122; 2009 c.595 705]
Subject to ORS chapter 183, the Oregon Health Authority may refuse to issue or renew the license, or may suspend or revoke the license or health screen testing permit, of a clinical laboratory if it finds that the owner or director has: (1) Intentionally made false statements on an application for a clinical laboratory license or any other documents required by the authority, or made any misrepresentation in seeking to obtain or retain a license. (2) Demonstrated incompetence as defined pursuant to regulations promulgated after public hearing. (3) Intentionally falsified any report. (4) Referred a specimen for examination to a nonlicensed or an unlicensed clinical laboratory in this state unless the laboratory is exempt from the application of ORS 438.010 to 438.510. (5) Misrepresented the scope of laboratory service offered by the clinical laboratory or the clinical laboratory specialties authorized by the license. (6) Rendered a report on clinical laboratory work actually performed in another clinical laboratory without designating the name and address of the clinical laboratory in which the test was performed. (7) Knowingly had professional connection with or permitted the use of the name of the licensed clinical laboratory or its director by a clinical laboratory that is required to but has not obtained a license. (8) Failed to perform or cause to be performed within the time specified analysis of test samples as authorized by ORS 438.320, or failed to report on the results of such analysis within the specified time. (9) Failed to permit within a reasonable time the entry or inspection authorized by ORS 438.310. (10) Failed to continue to meet requirements of ORS 438.110 and 438.120. (11) Violated any provision of ORS 438.010 to 438.510. [1969 c.685 10; 1993 c.109 13; 1999 c.341 8; 2001 c.104 172; 2009 c.595 706]
A person is qualified to act as a laboratory director of a clinical laboratory if: (1) The person is a pathologist certified in clinical or anatomical pathology by a national organization or organizations recognized by the Oregon Health Authority, or is a physician who possesses qualifications equivalent to those required for such certification; (2) The person is a physician who possesses special qualifications that enable the person to perform as a laboratory director, or is directing a laboratory on January 1, 1970; (3) The person has an earned degree of Doctor of Science or Doctor of Philosophy, or an acceptable degree as determined by the authority, from an accredited college or university, with a major in the chemical, physical, or biological sciences and possesses special qualifications as described in the administrative rules of the authority that enable the person to perform as a laboratory director; (4) The person is a member of a group of five or more physicians who operate on November 4, 1993, a laboratory performing work only on their patients and is the member designated by the group to be the director; or (5) The person was responsible for the direction of a clinical laboratory for at least 12 months within the five years preceding January 1, 1970, and has had at least two years of pertinent clinical laboratory experience, as determined by the authority. [1969 c.685 12; 1993 c.109 8; 2007 c.71 123; 2009 c.595 707]
Notwithstanding ORS 438.210, a person is qualified to act as the laboratory director of the clinical laboratory at any accredited chiropractic college in this state for the benefit of chiropractic patients if that person is a chiropractic physician licensed by the State Board of Chiropractic Examiners, and possesses special qualifications, as determined by the State Board of Chiropractic Examiners, that enable that person to perform as a laboratory director. [1979 c.303 2]
(1) The Oregon Health Authority or its authorized representative may: (a) At reasonable times enter the premises of a clinical laboratory licensed or subject to being licensed under ORS 438.010 to 438.510 to inspect the facilities, methods, procedures, materials, staff, equipment, laboratory results and records of the clinical laboratory. (b) Require the owner or director to submit reports on the operations and procedures of the laboratory. (c) Require the owner or director to submit initial laboratory findings indicative of communicable disease as defined by law or by rule. Each report shall include the name of the person from whom the specimen was obtained, if the name was reported to the laboratory, and the name and address of the physician for whom such examination or test was made. Such reports shall not be construed as constituting a diagnosis nor shall any laboratory making such report be held liable under the laws of this state for having violated a trust or confidential relationship. (2) The Director of the Oregon Health Authority or a designee, the authority, or any employee thereof, shall not disclose information contained in reports on communicable diseases submitted to the authority under subsection (1) of this section except as such information is made available to employees of the authority and to local health officers for purposes of administering the public health laws of this state. However, information contained in such reports may be used in compiling statistical and other data in which persons are not identified by name or otherwise. (3) The authority shall by rule set standards for the recognition of private laboratory accrediting organizations whose standards meet or exceed federal standards. A laboratory that is accredited by a private laboratory accrediting organization recognized by the authority under this section may submit proof of such accreditation to the authority. Upon receipt of such proof, the authority shall issue a license pursuant to ORS 438.130. [1969 c.685 13; 1993 c.109 9; 2001 c.104 173; 2009 c.595 708]
(1) The Oregon Health Authority shall institute a laboratory evaluation system, as defined in ORS 438.010, and shall make such rules as are necessary to insure quality control of laboratory work. (2) As part of this system, the authority may require each laboratory to: (a) Participate in on-site inspection and testing; (b) Analyze test samples submitted by the authority prior to, during or subsequent to the inspection; and (c) Contract with, at the laboratorys own expense, an authority-approved source of test samples for such test samples to be submitted periodically to the laboratory and to be returned to that source for grading after testing. The test results shall be made available to the authority. (3) The procedures under subsection (2) of this section shall be referred to as external quality control. The samples are to be tested by regularly assigned personnel using routine methods. The test samples shall be confined to the specialty of the laboratory as indicated on the license. A specified time shall be allowed for such testing and reporting of the results and shall be the time required under conditions of normal operation. (4) In addition to external quality control, each clinical laboratory shall establish an internal laboratory quality control system pursuant to rules of the authority including but not necessarily limited to the testing of reference or control sera and other biological samples, verifying concurrent calibration standards and control charts recordings, and reporting on its control system as required by the authority. [1969 c.685 14; 1983 c.740 154; 1993 c.109 10; 2009 c.595 709]
When the control or release of a case contact or carrier of a communicable disease is dependent on laboratory findings, the health officer may require such findings to be obtained by a clinical laboratory licensed by the Oregon Health Authority. [Formerly 433.325; 2009 c.595 710]
(1) Except as otherwise provided in ORS 438.010 to 438.510, a clinical laboratory shall examine specimens only at the request of a physician, dentist, or other person authorized by law to use the findings of laboratory examinations. (2) A person may not report the result of any test, examination, or analysis of a specimen submitted for evidence of human disease except to: (a) The patient or the patients authorized representative, unless the physician, dentist or other person requesting the laboratory test, examination or analysis under subsection (1) of this section notifies the clinical laboratory of a reasonable belief that an exception applies to the prohibition on information blocking under 42 U.S.C. 300jj-52; and (b) A physician, dentist, their agents, or other person authorized by law to employ the results in the conduct of a practice or in the fulfillment of official duties. (3) Except as provided in subsection (2) of this section, a clinical laboratory or the designee of the laboratory, after verifying the identity of the requester and after determining the results are ready for release, shall without unreasonable delay provide the results of a test, examination or analysis of a specimen submitted by a patient in writing to the patient or the patients authorized representative. [1969 c.685 21; 2001 c.104 174; 2003 c.376 1; 2009 c.583 1; 2021 c.285 1]
(1) In addition to duties which a clinical laboratory may perform under ORS 438.010 to 438.510, a laboratory is authorized to perform appropriate tests, examinations or analyses on materials derived from the human body for the purpose of detecting substances of abuse in the body. All laboratories performing the tests, examinations or analyses must be licensed under the provisions of ORS 438.010 to 438.510 and must employ qualified technical personnel to perform the tests, examinations and analyses. (2) In order to perform such tests, examinations or analyses, the laboratory may examine specimens submitted by persons other than those described in ORS 438.430 (1) and shall report the result of any test, examination or analysis to the person who submitted the specimen. When the substance of abuse test is for nonmedical employment or pre-employment purposes, and a written request is provided, the test result shall be reported to the person from whom the specimen was originally obtained. (3) When the specimen of a person tested for substances of abuse is submitted to the laboratory and the test result is positive, the laboratory shall perform a confirming test which has been designated by rule of the Oregon Health Authority as the best available technology for use to determine whether or not the substance of abuse identified by the first test is present in the specimen prior to reporting the test results. (4) The authority by rule shall set standards for special category laboratories that engage only in the initial testing for substances of abuse in the body, including registration procedures for such laboratories and personnel. (5) The operator of a substances of abuse on-site screening facility may use substances of abuse on-site screening tests if the test results are not for use in diagnosing or preventing disease and are not for use by physicians, dentists or other licensed health care professionals in treating humans. Any entity using the test shall pay a yearly filing fee, not to exceed $50, and file a registration form as provided by rule of the authority that: (a) States the current name and address of the entity, the telephone number of the entity, if any, and the name of a contact individual at each on-site facility operated by the entity; and (b) Certifies that: (A) The tests are being administered according to the federal Food and Drug Administration package insert that accompanies the test; (B) The tests are being administered according to the instructions of the manufacturer; (C) Custody chain procedures are being followed; (D) Operators of the substances of abuse on-site screening facility are trained in the use of the substances of abuse on-site screening tests by the manufacturer; and (E) If the substances of abuse on-site screening facility obtains a positive test result on a specimen and the entity indicates that the test result is to be used to deny or deprive any person of employment or any benefit, or may otherwise result in adverse employment action, the same specimen shall be submitted to a clinical laboratory licensed under ORS 438.110 and 438.150 or an equivalent out-of-state facility and the presence of a substance of abuse confirmed prior to release of the on-site test result. (6) The authority by rule shall set reasonable standards for the screening by correctional agencies of adults in custody within state and local correctional facilities and offenders on parole, probation or post-prison supervision for substances of abuse. The standards shall include, but not be limited to, the establishment of written procedures and protocols, the qualifications and training of individuals who perform screening tests, the approval of specific technologies and the minimum requirements for record keeping, quality control and confirmation of positive screening results. (7) If an initial test by a special category laboratory under subsection (4) of this section or a special category screening under subsection (6) of this section shows a result indicating the presence of a substance of abuse in the body, a confirmatory test shall be conducted in a licensed clinical laboratory if the results are to be used to deprive or deny any person of any employment or benefit. If a screening test of an adult in custody in a state or local correctional facility is positive for a substance of abuse, the adult in custody may be held in a secure facility pending the outcome of the confirmatory test. If the confirmatory test is positive, the adult in custody may be held in a secure facility pending the outcome of any hearing to determine what action will be taken. (8) If any test for substances of abuse is performed outside this state the results of which are to be used to deprive or deny any person any employment or any benefit, the person desiring to use the test shall have the burden to show that the testing procedure used meets or exceeds the testing standards of this state. [1987 c.669 2; 1991 c.808 1; 1997 c.355 2; 1999 c.739 2; 2001 c.104 175; 2009 c.595 711; 2019 c.213 103]
All moneys received by the Oregon Health Authority under ORS 438.010 to 438.510 and 438.990 shall be credited to the Public Health Account and shall be used for payment of the expenses of the authority in administering the provisions of ORS 438.010 to 438.510 and 438.990. [1969 c.685 16; 2009 c.595 712]
The Oregon Health Authority shall make such rules as are necessary for carrying out ORS 438.010 to 438.510 in accordance with ORS 183.330. [Formerly 433.335; 2001 c.104 176; 2009 c.595 713]
It is unlawful for the owner of a clinical laboratory or the director of a clinical laboratory to: (1) Operate or maintain a clinical laboratory unless the laboratory is under personal supervision of a director who is qualified to supervise the laboratory. (2) Violate any provision of ORS 438.010 to 438.510. [1969 c.685 11; 1987 c.669 3; 2001 c.104 177]
As used in ORS 438.605 to 438.620, 448.280 and 448.285: (1) "Accrediting authority" means the official accrediting authority for the Oregon environmental laboratory accreditation program comprised of the Director of the Oregon Health Authority or designee, the Director of the Department of Environmental Quality or designee and the Director of Agriculture or designee. (2) "Authority" means the Oregon Health Authority. (3) "Environmental laboratory" means a fixed location or mobile facility that performs chemical, physical, radiological, microbiological or biological testing of environmental samples or the collection of environmental samples. (4) "Environmental testing" means laboratory analysis of any matter, pollutant, contaminant or hazardous substance subject to regulation pursuant to: (a) Rules adopted or enforced by the Oregon Health Authority, the Department of Environmental Quality or the State Department of Agriculture; or (b) A federal environmental statute or regulation administered or enforced by the United States Environmental Protection Agency. [1999 c.1063 1; 2009 c.595 714]
(1) The Oregon Health Authority, in concurrence with the accrediting authority, may adopt by rule standards for any laboratory seeking accreditation and performing environmental testing for a fee or for determining compliance with environmental statutes, rules or regulations. (2) In developing standards under subsection (1) of this section, the authority shall cooperate with and may seek advice from the United States Environmental Protection Agency and any other state or federal agency that may have adopted rules or regulations for environmental monitoring. (3) The standards adopted under this section may address testing and sampling procedures or methods, record keeping, disposal or retention of testing materials or samples, or any other practice related to work performed by an environmental laboratory. [1999 c.1063 2; 2009 c.595 715]
The Oregon Health Authority, in concurrence with the accrediting authority, shall establish by rule and implement an environmental laboratory accreditation program. The standards for accreditation may be equivalent to, but may not exceed, standards adopted by national accreditation programs. [1999 c.1063 3; 2009 c.595 716]
(1) In conjunction with the environmental laboratory accreditation program established under ORS 438.615, the Oregon Health Authority may establish and collect a fee for laboratory accreditation under the program. A fee imposed under this section shall not exceed the cost of administering the program. (2) Prior to imposing the fee under subsection (1) of this section, the authority shall obtain the approval of the Oregon Department of Administrative Services and report to the appropriate legislative committee. (3) All moneys collected by the Oregon Health Authority under this section shall be deposited in a dedicated account of the authority. Such moneys are continuously appropriated to the Oregon Health Authority to pay the costs of the authority, the State Department of Agriculture and the Department of Environmental Quality in administering the environmental laboratory accreditation program established under ORS 438.615. [1999 c.1063 4; 2009 c.595 717]
As used in ORS 438.705 to 438.720 and 438.994: (1) "Anatomical material" means the body of a dead human or a cell, group of cells or body part taken from the body of a dead human. (2) "Donor" has the meaning given that term in ORS 97.953. (3)(a) "Nontransplant anatomical research recovery organization" means a person that engages in the recovery or distribution of anatomical material from a donor for research or education purposes other than transplanting the anatomical material or therapy. (b) "Nontransplant anatomical research recovery organization" does not include: (A) A hospital or other health care facility, as those terms are defined in ORS 442.015; (B) A public corporation, as defined in ORS 353.010; (C) A public or private institution of higher education; or (D) A clinical laboratory, as defined in ORS 438.010, that is: (i) Licensed under ORS 438.010 to 438.510; and (ii) Owned or controlled by, or under common ownership with, a hospital described in subparagraph (A) of this paragraph. [2013 c.356 1]
(1) A person may not act as a nontransplant anatomical research recovery organization unless the person is licensed as a nontransplant anatomical research recovery organization by the Oregon Health Authority. (2) The authority shall adopt rules establishing an application process and fees for obtaining and renewing a nontransplant anatomical research recovery organization license. The fee for obtaining or renewing a license under this subsection may not exceed $1,750. (3) A license issued or renewed under this section expires two years after the date of issuance or renewal. (4) The license required by this section is in addition to and not in lieu of any other license required by law. (5) The authority shall deposit fees collected under this section into the Oregon Health Authority Fund established in ORS 413.101. Moneys deposited in the fund under this subsection are continuously appropriated to the authority for the purposes of carrying out the duties, functions and powers of the authority under ORS 438.705 to 438.720 and 438.994. [2013 c.356 2]
(1) A nontransplant anatomical research recovery organization shall maintain a record of each donor from whom the organization obtains anatomical material. The record must include: (a) Documentation showing that the donor donated the anatomical material for the purpose of research or education; (b) The name and address of each person that had possession of the anatomical material before the organization took possession of the anatomical material; and (c) Documentation of the disposition of the anatomical material by the organization, including the name and address of each person that receives anatomical material from the organization. (2) If a nontransplant anatomical research recovery organization returns any anatomical material to a relative or personal representative of a donor, the organization shall disclose to the relative or personal representative whether all or part of the donors body is being returned. (3) A nontransplant anatomical research recovery organization shall dispose of any anatomical material not returned to a relative or personal representative of the donor in accordance with all laws pertaining to the disposition of human remains. (4) If a nontransplant anatomical research recovery organization accepts an offer from an individual to donate anatomical material to the organization, the organization shall provide to the individual clear notice as to whether or not the organization guarantees the coverage of a cost related to transporting and disposing of the individuals anatomical material, including coverage of costs in instances in which the individual or a relative or personal representative of the individual subsequently rescinds, or the organization later rejects, the offer of anatomical material. [2013 c.356 3]
(1) The Oregon Health Authority may: (a) Adopt rules to implement ORS 438.705 to 438.720 and 438.994; (b) Inspect the premises and records of a nontransplant anatomical research recovery organization as is reasonably necessary to determine compliance with ORS 438.710 and 438.715; and (c) In lieu of conducting inspections authorized under paragraph (b) of this subsection, accept accreditation from an accrediting body approved by the authority. (2) To be approved under subsection (1)(c) of this section, an accrediting body must: (a) Require a nontransplant anatomical research recovery organization to document processes related to the recovery, handling and distribution of anatomical material and submit to the accrediting body that documentation. (b) Require a nontransplant anatomical research recovery organization to keep and maintain all records related to the recovery or distribution of anatomical material for at least 10 years. (c) Conduct, or have a designee conduct, regular on-site compliance inspections of a nontransplant anatomical research recovery organizations records, processes and materials relating to: (A) Donor intake; (B) Acquisition, preparation, labeling, packaging, storage and distribution of anatomical material; and (C) Any inspection of a facility owned or operated by the nontransplant anatomical research recovery organization. [2013 c.356 4]
Violation of any provision of ORS 438.040 or 438.510 is a Class A misdemeanor. Each day of continuing violation shall be considered a separate offense. [1969 c.685 22; 1977 c.582 45]
(1) In accordance with ORS chapter 183, the Oregon Health Authority may: (a) Impose a civil penalty in an amount not to exceed $1,000 for each violation of ORS 438.710 or 438.715; and (b) Suspend or revoke a license issued or renewed under ORS 438.710 for a violation of ORS 438.715. (2) The authority shall deposit penalties collected under this section into the Oregon Health Authority Fund established in ORS 413.101. Moneys deposited in the fund under this subsection are continuously appropriated to the authority for the purposes of carrying out the duties, functions and powers of the authority under ORS 438.705 to 438.720 and 438.994. [2013 c.356 5]
(1) There hereby is created a health district territorially coterminous with each health district existing on July 2, 1957, if such existing health district was at that time a valid health district but for the fact that the electors of the district were required to have resided in the district for a period of not less than 90 days next preceding an election. In determining the boundaries of health districts created by this subsection, full effect shall be given to annexations effected by health districts prior to November 22, 1957, under ORS 441.205 to 441.410 (1957 Replacement Part). (2) Health districts created by subsection (1) of this section are subject to and shall be governed by ORS 440.315 to 440.410. (3) Health districts territorially coterminous with health districts created by subsection (1) of this section hereby are abolished. [Formerly 441.195]
Each health district created by ORS 440.305 (1) shall in all respects be the successor of and replace the territorially coterminous health district abolished by ORS 440.305 (3). Without limiting the foregoing: (1) A successor health district is: (a) The owner of all assets of the succeeded health district, including real and personal property, money, water, water rights and riparian rights. (b) Successor party to the contracts of the succeeded health district. (c) Successor party to court proceedings in which the succeeded health district was a party. (d) Successor obligor and subject to the indebtedness, bonded or otherwise, of the succeeded health district. (2) A successor health district shall levy and collect any tax lawfully assessed or collect any tax lawfully assessed and levied, as the case may be, by the succeeded health district. (3) The rules and regulations of the succeeded health district are the rules and regulations of the successor health district until changed under ORS 440.315 to 440.410. (4) The directors and officers of the succeeded health district are the directors and officers of the successor health district. [Formerly 441.200; 1987 c.158 84]
As used in ORS 440.315 to 440.410, unless the context requires otherwise: (1) "County board" means the county court or board of county commissioners, as the case may be, of the county in which a district, or the greater portion of the taxable assessed value thereof, is located. (2) "County clerk" means the county clerk of the county in which a district, or the greater portion of the taxable assessed value thereof, is located. (3) "District board" or "board" means the board of directors of a district. (4) "Health district" or "district" means any district formed pursuant to ORS 440.315 to 440.410. (5) "Owner" means the holder of the record title to real property or the vendee under a land sale contract, if there is such a contract. [Formerly 441.205; 1975 c.701 1; 1983 c.83 85]
(1)(a) Health districts may be formed for the purposes of: (A) Providing clinically related diagnostic, treatment and rehabilitative services on an inpatient or outpatient basis; (B) Providing outreach programs in health care education, health care research and patient care; (C) Serving as a resource for health care providers in the district; and (D) Promoting the physical and mental health and well-being of district residents. (b) Health districts may consist of territory in one or more counties, or of a city with or without unincorporated territory. A city shall not be divided in the formation of a health district. (c) A health district may provide services to persons residing outside its boundaries. A health district may provide services within the boundaries of another health district only with the written permission of that health district. (2) A health district may include within its boundaries all or any part of the territory of a port district organized under ORS chapter 777 if the port district does not then operate a hospital. [Formerly 441.210; 1999 c.630 1; 2003 c.802 112]
The power and authority given to health districts, except as otherwise provided by ORS 440.315 to 440.410, is vested in and shall be exercised by a board of directors each of whom shall be an elector of the district. [Formerly 441.280; 1979 c.520 1; 1983 c.83 86; 1983 c.350 255; 1983 c.699 5]
(1) At the election for the first board of directors, five directors shall be elected. Their terms shall commence on the 30th day after the election. The terms of the candidates for the first board of directors who receive the first and second highest number of votes expire June 30 next following the second regular district election. The terms of the candidates who receive the third, fourth and fifth highest votes expire June 30 next following the first regular district election. (2) Not later than the 10th day after the issuance of the order of formation, the directors of the first board shall take and subscribe an oath of office and then meet and organize. (3) Except as provided in subsection (1) of this section, the term of a director is four years. (4) The board of directors shall fill any vacancy on the board as provided in ORS 198.320. [1983 c.350 257]
(1) The board of directors of a district, by resolution offered and adopted at any regular meeting of the board, may increase the number of directors from five to no more than 15. (2) If the number of directors is increased by action of the board, the board shall not fill by appointment any newly created position on the board, but shall provide for the election at the next regular district election of a sufficient number of additional directors to fill the newly created positions on the board. (3) The term of office of each director elected under subsection (2) of this section shall begin July 1 following the next regular district election. (4) The directors who are elected under subsection (2) of this section shall determine by lot the length of term each shall hold office. The terms of not more than one-half of the directors who are appointed or elected shall expire June 30 next following the first regular district election after the appointment or election. The terms of the remainder shall expire June 30 next following the second regular district election after the appointment or election. (5) The term of a director shall expire when the director is absent from four or more consecutive regular meetings of the board and the board declares the position vacant. The vacancy shall be filled as provided by ORS 198.320 (1) and (2). (6) An individual who is an employee of a health district is not eligible to serve as a director of the health district by which the individual is employed. [Formerly 441.285; 1979 c.520 3; 1981 c.508 1; 1983 c.350 258; 1983 c.699 1a; 1989 c.478 1]
(1) The directors of a health district shall, at the time of their organization, choose from their number a chairperson, a secretary and a treasurer, who shall hold their offices until their successors are elected and qualified. (2) These officers shall have, respectively, the powers and shall perform the duties usual in such cases. (3) A majority shall constitute a quorum to do business and, in the absence of the chairperson, any other member may preside at any meeting. [Formerly 441.290; 2007 c.71 124]
The district board shall hold meetings at such time and place within the district as it may, from time to time, determine, but it shall hold at least one regular meeting in each month on a day to be fixed by it, and may hold special meetings under such rules as it may make. [Formerly 441.295]
(1) Each office of director of a health district shall be designated by number as Position No. 1, Position No. 2 and so forth. (2) The secretary of a district shall assign a position number to each office on the board. The secretary shall certify the number so assigned to the director in office holding that position and shall file one copy of the certification in the records of the elections officer for the district. [Formerly 441.305; 1983 c.350 259]
(1) ORS chapter 255 governs the following: (a) The nomination and election of directors. (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 to 255.205. [1983 c.350 261]
The board, at any regular meeting, may call a special election of the electors of the district. [Formerly 441.305]
A health district has all powers necessary to carry out the purposes of ORS 440.315 to 440.410, including, but not limited to, the power: (1) To provide directly or indirectly any physical or mental health related service. (2) To make any contract or agreement, to purchase and lease real and personal property, to enter into business arrangements or relationships with public or private entities and to create and participate fully in the operation of any business structure, including the development of business structures and arrangements for health care delivery systems and managed care plans. (3) To participate in community sponsored health screening, prevention, wellness, improvement or other activities that address the physical or mental health needs of district residents. Such participation may include clinical, financial, administrative, volunteer or other support considered appropriate by the board. (4) To perform any other acts that in the judgment of the board are necessary or appropriate to accomplish the purposes of ORS 440.315 to 440.410. [Formerly 441.320; 1979 c.520 2; 1981 c.508 3; 1983 c.699 2; 1983 c.740 155; 1985 c.747 50; 1987 c.850 1; 1997 c.857 1; 1999 c.630 2; 2003 c.802 113]
A health district is authorized to charge persons who use district facilities and services. [Formerly 441.325; 1999 c.630 3]
A health district may exercise within its boundaries the power of eminent domain and may purchase, sell, condemn and appropriate real property, water, water rights and riparian rights. [Formerly 441.330; 2003 c.802 114]
(1) For the purpose of carrying into effect the powers granted by ORS 440.315 to 440.410, a health district, when authorized at any properly called election held for that purpose, may borrow money and sell and dispose of general obligation bonds. (2) If prior to April 1, 1983, a health district had outstanding indebtedness incurred pursuant to ORS 440.360 (1)(k) (1997 Edition), a health district may issue general obligation bonds pursuant to this section in an amount not to exceed the unpaid principal of and interest on such indebtedness plus costs incidental to the bonds to be sold. (3) The general obligation bonds outstanding at one time shall never exceed in the aggregate two and one-half percent of the real market value of all taxable property within the district, computed in accordance with ORS 308.207. (4) Notwithstanding the provisions of subsection (3) of this section, if the district has within its limits a population of 300 or over, it shall be permitted to have bonds outstanding in an amount which shall not exceed in the aggregate 10 percent of the real market value. (5) The bonds shall be issued from time to time by the district board in behalf of the health district as authorized by its electors. [Formerly 441.335; 1983 c.191 1; 1991 c.459 399; 1997 c.857 2; 1999 c.630 4]
(1) The bonds shall mature serially within not to exceed 30 years from issue date. (2) The bonds shall bear such rate of interest as the district board shall determine. (3) The bonds shall be so conditioned that the health district agrees therein to pay to the bearer, at a place named, the principal sum of the bonds with interest at the rate named, payable semiannually in accordance with the tenor and terms of the interest coupons attached. [Formerly 441.345; 1977 c.188 3; 1981 c.94 36; 1983 c.347 27; 2001 c.215 5]
(1) For the purpose of additionally securing the payment of the principal of and interest on general obligation bonds issued under ORS 440.375, a health district may, by resolution of the district board, which resolution shall constitute part of the contract with the holders of such general obligation bonds, pledge all or any part of the net income or revenue of its properties. (2) The district board may adopt such a resolution without submitting the question of such pledge to electors of the health district. [Formerly 441.350]
All general obligation bonds issued under ORS 440.375 shall be issued as prescribed in ORS chapter 287A. [Formerly 441.355; 2007 c.783 185]
(1) Any health district may assess, levy and collect taxes not to exceed one-fourth of one percent (0.0025) of the real market value of all taxable property within the district, computed in accordance with ORS 308.207. The proceeds of such taxes shall be applied by it in carrying out the objects and purposes provided in ORS 440.320. (2) A health district, each year, may also assess, levy and collect a special tax upon all such property, real and personal, in an amount sufficient to pay the yearly interest on bonds theretofore issued by the district and then outstanding, together with any portion of the principal of such bonds maturing within such year. The special tax shall be applied only in payment of interest and principal of bonds issued by the health district, but the district may apply any funds it may have toward the payment of principal and interest of any such bonds. (3) All taxes needed shall be levied and returned to the county officer whose duty it is to extend the tax roll by the time required by law for city taxes to be levied and returned. (4) All taxes levied by a health district shall become payable at the same time and be collected by the same officer who collects county taxes. The proceeds of the taxes collected under this section shall be turned over to the health district according to law. (5) The county officer whose duty it is to extend the county levy shall extend the levy of the health district in the same manner as city taxes are extended. (6) Property is subject to sale for the nonpayment of taxes levied by the health district in like manner and with like effect as in the case of county and state taxes. [Formerly 441.360; 1991 c.459 400; 2001 c.215 6]
For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 28]
(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 to 295.108, 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 and 294.040. [Formerly 441.365; 1983 c.699 3; 2001 c.215 7; 2019 c.587 40]
(1) A health district shall adopt an annual budget by: (a) Preparing a proposed budget for the fiscal year not later than June 1 of each year; (b) Publishing a notice of the proposed budget and of the date and place of a hearing on the proposed budget five to 30 days prior to the hearing; (c) Holding a public hearing on the proposed budget; (d) Adopting a final budget by resolution not later than June 30 of each year; and (e) Filing a written notice pursuant to ORS 310.060 not later than July 15 of each year if the district seeks to impose property taxes. (2) A health district may adopt a supplemental budget by resolution at a regular meeting of the district board. A supplemental budget may not extend beyond the end of the fiscal year during which it is submitted. (3) As used in this section: (a) "Budget" means a plan of financial operation embodying an estimate of expenditures for a given period or purpose and the proposed means of financing the estimated expenditures. (b) "Fiscal year" means the period beginning on July 1 of any year and ending on June 30 of the next year. (c) "Publish" means giving notice or making information or documents available to members of the general public by printing the notice, information or documents in one or more newspapers of general circulation within the jurisdictional boundaries of the health district. [2001 c.251 2]
(1) All the proceedings of the district board shall be entered at large in a record book. (2) All books, maps, plans, documents, correspondence, vouchers, reports and other papers and records pertaining to the business of the health district shall be carefully preserved and shall be open to inspection as public records. [Formerly 441.370]
An annual audit of the district shall be made by an auditor. A true and complete copy of the auditors report of such audit shall be filed in the office of the county clerk of the principal county, as defined by ORS 198.705, and shall remain a public record therein. [Formerly 441.375]
(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 to 440.410 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]
(1) Crook, Deschutes and Jefferson Counties may form a Central Oregon Health Council when the governing body of each of the counties adopts a resolution signifying the bodys intention to do so. (2) A county that is adjacent to Crook, Deschutes or Jefferson County may join the council if: (a) The governing body of the county seeking to join the council adopts a resolution signifying the bodys intention to include a portion of that county in the region served by the council; (b) The portion of the county to be included in the region is part of a natural health care referral pattern with the other counties on the council; and (c) The Oregon Health Authority and the council approve. [2011 c.418 13; 2015 c.359 1]
(1) The Central Oregon Health Council shall consist of no more than 15 members, including: (a) One member each from the governing bodies of Crook, Deschutes and Jefferson Counties, appointed by each body; (b) The chief executive officer, or a designee of the chief executive officer, of the health care system serving the region; (c) The chief executive officer, or a designee of the chief executive officer, of each coordinated care organization serving any of the counties in the region that join the council; and (d) At least three members appointed by the council who represent: (A) Consumers of physical and behavioral health services; (B) Health care professionals; (C) School districts or educational service districts; (D) The business community; or (E) The governing body of any county that joins the council under ORS 440.600 (2). (2) The term of office of the members of the council is four years. Members may be reappointed. (3) A majority of the members of the council constitutes a quorum for the transaction of business. (4) The council shall elect a member of the council to serve as the chairperson. (5) If there is a vacancy for any cause, the appointing authority shall make an appointment to the vacated position to become effective immediately. (6) The council may incorporate under ORS chapter 65 as an Oregon nonprofit corporation and may adopt rules necessary for the operation of the council, enter into necessary contracts, apply for and receive grants, hold and dispose of property and take other actions necessary to carry out the activities, services and responsibilities assumed by the council. (7) The council may convene a single community advisory council required by ORS 414.575 for all of the coordinated care organizations serving any of the counties that join the council. [2011 c.418 14; 2015 c.359 2]
The Central Oregon Health Council may appoint an advisory committee to advise the council in the performance of the duties of the council. The members of the advisory committee may include representatives of: (1) Public health agencies serving the region; (2) Behavioral health agencies for mental health authorities serving the region represented on the council; (3) Hospital or integrated delivery systems serving the region represented on the council; (4) Medicaid contractors in each region served by the council; (5) Safety net clinics; (6) Health collaboratives; (7) The dental profession; (8) School and educational service districts; (9) The business community; (10) Primary care clinics; and (11) Independent physician associations. [2011 c.418 15; 2015 c.359 3]
(1) As used in this section, "regional health improvement plan" means a four-year comprehensive, coordinated regional plan incorporating and replacing all health and human service plans prescribed by the Oregon Health Authority, including but not limited to: (a) Plans required under ORS 430.630, 430.640 and 624.510; and (b) The community health assessment and community health improvement plan described in ORS 414.575. (2)(a) The Central Oregon Health Council shall conduct a regional health assessment and adopt a regional health improvement plan to serve as a strategic population health and health care system service plan for the region served by the council. The plan must define the scope of the activities, services and responsibilities that the council proposes to assume upon implementation of the plan. (b) The activities, services and responsibilities that the council proposes to assume under the plan may include, but are not limited to: (A) Analysis and development of public and private resources, capacities and metrics based on ongoing regional health assessment activities and population health priorities; (B) Health policy; (C) System design; (D) Outcome and quality improvement; (E) Integration of service delivery; and (F) Workforce development. (3) The council shall submit the plan adopted under subsection (2) of this section to the authority for approval. The authority may approve the plan or return it to the council for modification prior to approval. (4) The regional health improvement plan adopted under this section shall serve as a guide for entities serving medical assistance recipients, public health authorities, mental health authorities, health care systems, payer groups, provider groups and health coalitions in the counties served by the council. [2011 c.418 16; 2012 c.37 64; 2015 c.359 4; 2015 c.736 111]
(1) By September 1, 2011, the Oregon Health Authority shall adopt by rule requirements for the regional health improvement plan adopted under ORS 440.603. (2) The Oregon Health Authority shall adopt rules: (a) Necessary to implement ORS 440.600 to 440.603; and (b) That allow for the consolidation of planning and reporting requirements of the authority under ORS 440.603. [2011 c.418 17]
[Amended by 1971 c.730 3; 1973 c.840 3; 1977 c.751 18; renumbered 442.300]
(1) No person or governmental unit, acting severally or jointly with any other person or governmental unit, shall establish, conduct, maintain, manage or operate a health care facility or health maintenance organization, as defined in ORS 442.015, in this state without a license. (2) Any health care facility or health maintenance organization which is in operation at the time of promulgation of any applicable rules or minimum standards under ORS 441.025 or 731.072 shall be given a reasonable length of time within which to comply with such rules or minimum standards. [Amended by 1971 c.730 4; 1973 c.840 4; 1977 c.751 19; 2003 c.14 249; 2009 c.792 37]
(1) Licenses for health care facilities, except long term care facilities as defined in ORS 442.015, must be obtained from the Oregon Health Authority. (2) Licenses for long term care facilities must be obtained from the Department of Human Services. (3) Applications shall be upon such forms and shall contain such information as the authority or the department may reasonably require, which may include affirmative evidence of ability to comply with such reasonable standards and rules as may lawfully be prescribed under ORS 441.025. (4)(a) Each application submitted to the Oregon Health Authority must be accompanied by the license fee. If the license is denied, the fee shall be refunded to the applicant. If the license is issued, the fee shall be paid into the State Treasury to the credit of the Oregon Health Authority Fund for the purpose of carrying out the functions of the Oregon Health Authority under and enforcing ORS 441.015 to 441.087; or (b) Each application submitted to the Department of Human Services must be accompanied by the application fee or the annual renewal fee, as applicable. If the license is denied, the fee shall be refunded to the applicant. If the license is issued, the fee shall be paid into the State Treasury to the credit of the Department of Human Services Account for the purpose of carrying out the functions of the Department of Human Services under and enforcing ORS 431A.050 to 431A.080 and 441.015 to 441.087. (5) Except as otherwise provided in subsection (8) of this section, for hospitals with: (a) Fewer than 26 beds, the annual license fee shall be $1,250. (b) Twenty-six beds or more but fewer than 50 beds, the annual license fee shall be $1,850. (c) Fifty or more beds but fewer than 100 beds, the annual license fee shall be $3,800. (d) One hundred beds or more but fewer than 200 beds, the annual license fee shall be $6,525. (e) Two hundred or more beds, but fewer than 500 beds, the annual license fee shall be $8,500. (f) Five hundred or more beds, the annual license fee shall be $12,070. (6) A hospital shall pay an annual fee of $750 for each hospital satellite indorsed under the hospitals license. (7) The authority may charge a reduced hospital fee or hospital satellite fee if the authority determines that charging the standard fee constitutes a significant financial burden to the facility. (8) For long term care facilities with: (a) One to 15 beds, the application fee shall be $2,000 and the annual renewal fee shall be $1,000. (b) Sixteen to 49 beds, the application fee shall be $3,000 and the annual renewal fee shall be $1,500. (c) Fifty to 99 beds, the application fee shall be $4,000 and the annual renewal fee shall be $2,000. (d) One hundred to 150 beds, the application fee shall be $5,000 and the annual renewal fee shall be $2,500. (e) More than 150 beds, the application fee shall be $6,000 and the annual renewal fee shall be $3,000. (9) For ambulatory surgical centers, the annual license fee shall be: (a) $1,750 for certified and high complexity noncertified ambulatory surgical centers with more than two procedure rooms. (b) $1,250 for certified and high complexity noncertified ambulatory surgical centers with no more than two procedure rooms. (c) $1,000 for moderate complexity noncertified ambulatory surgical centers. (10) For birthing centers, the annual license fee shall be $750. (11) For outpatient renal dialysis facilities, the annual license fee shall be $2,000. (12) The authority shall prescribe by rule the fee for licensing an extended stay center, not to exceed: (a) An application fee of $25,000; and (b) An annual renewal fee of $5,000. (13) During the time the licenses remain in force, holders are not required to pay inspection fees to any county, city or other municipality. (14) Any health care facility license may be indorsed to permit operation at more than one location. If so, the applicable license fee shall be the sum of the license fees that would be applicable if each location were separately licensed. The authority may include hospital satellites on a hospitals license in accordance with rules adopted by the authority. (15) Licenses for health maintenance organizations shall be obtained from the Director of the Department of Consumer and Business Services pursuant to ORS 731.072. (16) Notwithstanding subsection (4) of this section, all moneys received for approved applications pursuant to subsection (8) of this section shall be deposited in the Quality Care Fund established in ORS 443.001. (17) As used in this section: (a) "Hospital satellite" has the meaning prescribed by the authority by rule. (b) "Procedure room" means a room where surgery or invasive procedures are performed. [Amended by 1957 c.697 1; 1971 c.650 19; 1971 c.730 5; 1973 c.840 5; 1977 c.284 4; 1977 c.751 20a; 1979 c.696 15; 1987 c.428 3; 1987 c.918 7; 1995 c.449 1; 1997 c.249 139; 2001 c.100 2; 2001 c.900 161; 2009 c.595 720; 2009 c.792 53,53a; 2009 c.828 84; 2017 c.679 11; 2018 c.50 4; 2021 c.97 54]
(1) In addition to an annual fee, the Oregon Health Authority may charge a hospital a fee for: (a) Complaint investigation, in an amount not to exceed $850. (b) Full compliance survey, in an amount not to exceed $7,520. (c) On-site follow-up survey to verify compliance with a plan of correction, in an amount not to exceed $225. (d) Off-site follow-up survey to verify compliance with a plan of correction, in an amount not to exceed $85. (2) During one calendar year, the authority may charge to all hospitals a total amount not to exceed: (a) $91,000 for complaint investigations. (b) $15,000 for full compliance surveys. (c) $6,700 for follow-up surveys. (3)(a) The authority shall apportion the total amount charged under subsection (2) of this section among hospitals at the end of each calendar year based on the number of complaint investigations, full compliance surveys and follow-up surveys performed at each hospital during the calendar year. (b) The authority may not include investigations of employee complaints in a hospitals total number of complaint investigations. (c) A hospital may not be charged fees in any calendar year under subsection (2) of this section for more complaint investigations than the greater of: (A) The rolling average for the hospital for the previous three years; or (B) Two complaint investigations for a small hospital and five complaint investigations for a large hospital. (d) Notwithstanding paragraph (c) of this subsection, the authority may not charge a hospital for a number of complaint investigations that exceeds the number of complaint investigations actually conducted at the hospital during the calendar year. (4) As used in this section, "full compliance survey" means a survey conducted by the authority following a complaint investigation to determine a hospitals compliance with the Centers for Medicare and Medicaid Services Conditions of Participation. [2009 c.792 4b; 2009 c.792 54; 2011 c.720 195a] Note: 441.021 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.
In determining whether to license a health care facility pursuant to ORS 441.025, the Oregon Health Authority or the Department of Human Services shall consider only factors relating to the health and safety of individuals to be cared for therein and the ability of the operator of the health care facility to safely operate the facility, and may not consider whether the health care facility is or will be a governmental, charitable or other nonprofit institution or whether the facility is or will be an institution for profit. [1967 c.584 2; 1971 c.730 6; 1973 c.840 6; 1987 c.428 4; 2001 c.900 162; 2009 c.595 721; 2009 c.792 55]
(1)(a) Upon receipt of a license fee and an application to operate a health care facility other than a long term care facility, the Oregon Health Authority shall review the application and conduct an in-person site inspection of the health care facility. The authority shall issue a license if it finds that the applicant and health care facility comply with ORS 441.015 to 441.087 and the rules of the authority provided that the authority does not receive within the time specified a certificate of noncompliance issued by the State Fire Marshal, deputy, or approved authority pursuant to ORS 479.215. (b) The authority shall, following payment of the fee, annually renew each license issued under this subsection unless: (A) The health care facilitys license has been suspended or revoked; or (B) The State Fire Marshal, a deputy or an approved authority has issued a certificate of noncompliance pursuant to ORS 479.215. (2)(a) Upon receipt of a license fee and an application to operate a long term care facility, the Department of Human Services shall review the application and conduct an in-person site inspection of the long term care facility, including an inspection of the kitchen and other areas where food is prepared for residents. The department shall issue a license if the department finds that the applicant and long term care facility comply with ORS 441.015 to 441.087 and the rules of the department provided that it does not receive within the time specified a certificate of noncompliance issued by the State Fire Marshal, deputy, or approved authority pursuant to ORS 479.215. (b) The department shall, following an in-person site inspection and payment of the fee, annually renew each license issued under this subsection unless: (A) The long term care facilitys license has been suspended or revoked; (B) The long term care facility is found not to be in substantial compliance, following the in-person site inspection, with ORS 441.015 to 441.087 and 443.012 and the rules of the department; (C) The long term care facility has failed an inspection of the kitchen or other areas where food is prepared for residents that was conducted by the department in accordance with ORS 443.417, except as provided in ORS 443.417 (2); or (D) The State Fire Marshal, a deputy or an approved authority has issued a certificate of noncompliance pursuant to ORS 479.215. (3) Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable. (4) Licenses shall be posted in a conspicuous place on the licensed premises as prescribed by rule of the authority or the department. (5) No license shall be issued or renewed for any health care facility or health maintenance organization that is required to obtain a certificate of need under ORS 442.315 until a certificate of need has been granted. An ambulatory surgical center is not subject to the certificate of need requirements in ORS 442.315. (6) No license shall be issued or renewed for any skilled nursing facility or intermediate care facility, unless the applicant has included in the application the name and such other information as may be necessary to establish the identity and financial interests of any person who has incidents of ownership in the facility representing an interest of 10 percent or more thereof. If the person having such interest is a corporation, the name of any stockholder holding stock representing an interest in the facility of 10 percent or more shall also be included in the application. If the person having such interest is any other entity, the name of any member thereof having incidents of ownership representing an interest of 10 percent or more in the facility shall also be included in the application. (7) A license may be denied to any applicant for a license or renewal thereof or any stockholder of any such applicant who has incidents of ownership in the health care facility representing an interest of 10 percent or more thereof, or an interest of 10 percent or more of a lease agreement for the facility, if during the five years prior to the application the applicant or any stockholder of the applicant had an interest of 10 percent or more in the facility or of a lease for the facility and has divested that interest after receiving from the authority or the department written notice that the authority or the department intends to suspend or revoke the license or to decertify the facility from eligibility to receive payments for services provided under this section. (8) The Department of Human Services may not issue or renew a license for a long term care facility, unless the applicant has included in the application the identity of any person who has incident of ownership in the long term care facility who also has a financial interest in any pharmacy, as defined in ORS 689.005. (9) The authority shall adopt rules for each type of health care facility, except long term care facilities, to carry out the purposes of ORS 441.015 to 441.087 including, but not limited to: (a) Establishing classifications and descriptions for the different types of health care facilities that are licensed under ORS 441.015 to 441.087; and (b) Standards for patient care and safety, adequate professional staff organizations, training of staff for whom no other state regulation exists, suitable delineation of professional privileges and adequate staff analyses of clinical records. (10) The department shall adopt rules for each type of long term care facility to carry out the purposes of ORS 441.015 to 441.087 including, but not limited to: (a) Establishing classifications and descriptions for the different types of long term care facilities that are licensed under ORS 441.015 to 441.087; (b) Standards for patient care and safety, adequate professional staff organizations, training of staff for whom no other state regulation exists, suitable delineation of professional privileges and adequate staff analyses of clinical records; and (c) Rules to ensure that a long term care facility complies with ORS 443.012. (11) The authority or department may not adopt a rule requiring a health care facility to serve a specific food as long as the necessary nutritional food elements are present in the food that is served. (12) A health care facility licensed by the authority or department may not: (a) Offer or provide services beyond the scope of the license classification assigned by the authority or department; or (b) Assume a descriptive title or represent itself under a descriptive title other than the classification assigned by the authority or department. (13) A health care facility must reapply for licensure to change the classification assigned or the type of license issued by the authority or department. [Amended by 1957 c.697 2; 1961 c.316 6; 1967 c.89 3; 1971 c.730 7; 1973 c.38 1; 1973 c.840 7; 1977 c.261 3; 1977 c.751 21; 1979 c.336 1; 1983 c.740 156; 1985 c.747 20; 1987 c.428 5; 1989 c.1034 4; 2001 c.900 163; 2009 c.595 722; 2009 c.792 56; 2011 c.35 1; 2018 c.50 12; 2019 c.592 4; 2021 c.338 1]
(1) As used in this section: (a) "Extended stay center" means a facility that provides extended stay services. (b) "Extended stay services" means post-surgical and post-diagnostic medical and nursing services provided to a patient who is recovering from a surgical procedure performed in an ambulatory surgical center. (c) "Local hospital" has the meaning given that term in rules adopted by the Oregon Health Authority that are consistent with federal requirements. (d) "Operating room" has the meaning given that term in rules adopted by the authority. (2) The authority shall adopt rules and procedures for the licensing of extended stay centers to ensure that each licensed extended stay center: (a) Is affiliated with a facility: (A) That is licensed by the authority as an ambulatory surgical center; (B) Whose license is in good standing with the authority; and (C) That meets the criteria in subsection (3) of this section; (b) Has no more than two recovery beds for each operating room that is in its affiliated ambulatory surgical center and a total of no more than 10 recovery beds; (c) Discharges patients within 48 hours from the time of admission to the ambulatory surgical center; (d)(A) Has an agreement with at least one local hospital that has the capabilities to treat patients requiring medical care that exceeds the capabilities of the extended stay center and the agreement complies with the federal requirements applicable to patient transfer agreements between ambulatory surgical centers and local hospitals; or (B) Is affiliated with an ambulatory surgical center in which all of the physicians performing surgeries have admitting privileges at a local hospital that has the capabilities to treat patients requiring medical care that exceeds the capabilities of the extended stay center; (e) Conforms to all patient safety and facility requirements adopted by the authority by rule; (f) Uses admission criteria based only on the extended stay centers: (A) Medical screening criteria; (B) Evidence-based surgery guidelines; or (C) Patient safety standards; (g) Orally and in writing, clearly notifies patients with Medicare coverage of the services provided by the extended stay center that are not covered by Medicare; (h) Reports data and metrics to the authority as prescribed by the authority by rule, including but not limited to the: (A) Types of procedures performed at the affiliated ambulatory surgical center for which patients are transferred to the extended stay center for recovery; (B) Average duration of patient stays at the extended stay center; (C) Medical acuity of the patients served by the extended stay center; (D) Types of payers that reimburse services provided at the extended stay center and the percentage of each payer type in the total number of payers; and (E) Frequency and cause of patient transfers from the extended stay center to a hospital; and (i) Is located within an urban area as defined by the Office of Rural Health. (3) The ambulatory surgical center that is affiliated with an extended stay center must: (a) Not be affiliated with any other licensed extended stay center; (b) Be physically contiguous with the extended stay center; (c) Have demonstrated safe operating procedures in an outpatient surgery setting for no less than 24 consecutive months; (d) Be certified by the Centers for Medicare and Medicaid Services as participating in the ambulatory surgical center quality reporting program administered by the Centers for Medicare and Medicaid Services; and (e) Be accredited by a national accrediting organization approved by the authority. (4) The authority shall mitigate barriers to and facilitate the reimbursement of extended stay centers with medical assistance funds. [2018 c.50 2] Note: Sections 3 and 22, chapter 50, Oregon Laws 2018, provide: Sec. 3. (1) The Health Evidence Review Commission established under ORS 414.688 shall develop evidence-based guidelines regarding the patient characteristics and surgical procedures that may be appropriate for ambulatory surgical centers and extended stay centers. The commission shall provide a report of the timeline and plan for implementing the guidelines to the Legislative Assembly during the 2019 regular session. (2) No later than December 31, 2022, the Oregon Health Authority shall report to the interim committees of the Legislative Assembly related to health on the implementation of section 2 of this 2018 Act [441.026]. [2018 c.50 3] Sec. 22. Section 3 of this 2018 Act is repealed on January 2, 2023. [2018 c.50 22] Note: 441.026 was added to and made a part of 441.015 to 441.087 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) The Oregon Health Authority or the Department of Human Services may assess a civil penalty and, pursuant to ORS 479.215, shall deny, suspend or revoke a license, in any case where the State Fire Marshal, or the representative of the State Fire Marshal, certifies that there is a failure to comply with all applicable laws, lawful ordinances and rules relating to safety from fire. (2) The authority may: (a) Assess a civil penalty or deny, suspend or revoke a license of a health care facility other than a long term care facility in any case where it finds that there has been a substantial failure to comply with ORS 441.015 to 441.087 or the rules or minimum standards adopted under ORS 441.015 to 441.087. (b) Assess a civil penalty or suspend or revoke a license issued under ORS 441.025 for failure to comply with an authority order arising from a health care facilitys substantial lack of compliance with the provisions of ORS 441.015 to 441.087 or 441.152 to 441.177 or the rules adopted under ORS 441.015 to 441.087 or 441.152 to 441.177. (c) Suspend or revoke a license issued under ORS 441.025 for failure to pay a civil penalty imposed under ORS 441.175. (3) The department may: (a) Assess a civil penalty or deny, suspend or revoke a long term care facilitys license in any case where it finds that there has been a substantial failure to comply with ORS 441.015 to 441.087 or the rules or minimum standards adopted under ORS 441.015 to 441.087. (b) Assess a civil penalty or suspend or revoke a long term care facilitys license issued under ORS 441.025 for failure to comply with a department order arising from a long term care facilitys substantial lack of compliance with the provisions of ORS 441.015 to 441.087 or the rules adopted under ORS 441.015 to 441.087. (c) Suspend or revoke a license issued under ORS 441.025 for failure to pay a civil penalty imposed under ORS 441.710. (d) Order a long term care facility licensed under ORS 441.025 to restrict the admission of patients when the department finds an immediate threat to patient health and safety arising from failure of the long term care facility to be in compliance with ORS 441.015 to 441.087 and the rules adopted under ORS 441.015 to 441.087. (4) Any long term care facility that has been ordered to restrict the admission of patients pursuant to subsection (3)(d) of this section shall post a notice of the restriction, provided by the department, on all doors providing ingress to and egress from the facility, for the duration of the restriction. [Amended by 1959 c.222 1; 1961 c.316 7; 1971 c.730 8; 1977 c.582 46; 1987 c.428 6; 1989 c.171 55; 1991 c.734 22; 2001 c.609 8; 2001 c.900 164; 2007 c.71 125; 2009 c.595 723; 2009 c.792 57; 2015 c.669 14; 2018 c.50 13]
(1) When the Oregon Health Authority or the Department of Human Services proposes to refuse to issue or renew a license, or proposes to revoke or suspend a license, opportunity for hearing shall be accorded as provided in ORS chapter 183. (2) Adoption of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183. [1971 c.734 56; 1977 c.582 47; 1987 c.428 7; 2001 c.900 165; 2009 c.595 724]
(1) Notwithstanding the existence and pursuit of any other remedy, the Oregon Health Authority may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a health care facility or health maintenance organization without a license. (2) Notwithstanding the existence and pursuit of any other remedy, the Department of Human Services may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a long term care facility without a license. [Formerly 441.050]
(1) Rules adopted pursuant to ORS 441.025 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 employees 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, who claims to be aggrieved by a violation of ORS 441.181 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 to 192.478. Upon the conclusion of the investigation, the department or the authority may publicly release a report of the departments or the authoritys 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, 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]
(1) A long term care facility may not interfere with the good faith disclosure of information by an employee or a volunteer concerning the abuse or mistreatment of a resident in the long term care facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the health and safety of a resident of the facility to: (a) The Long Term Care Ombudsman, the Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the long term care facility; or (b) A family member, guardian, friend or other person who is acting on behalf of the resident. (2) Unless performed with the intent to comply with state or federal law, including but not limited to protecting residents rights or carrying out a facilitys policies and procedures that are consistent with state and federal law, it is interference with the disclosure of information as described in subsection (1) of this section if a long term care facility: (a) Asks or requires the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information; (b) Trains an employee or volunteer not to disclose the information; or (c) Takes actions or communicates to the employee or volunteer that the employee or volunteer may not disclose the information. (3) The department may revoke or suspend the license of a long term care facility that is found to have violated subsection (1) of this section. (4) The department shall adopt rules to carry out the provisions of this section. (5) This section does not authorize the disclosure of protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information. [2019 c.381 2] Note: 441.046 was added to and made a part of ORS chapter 441 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Upon the admission of a resident to a long term care facility, the facility shall provide the resident with information developed by the Long Term Care Ombudsman describing the availability and services of the ombudsman. [2019 c.117 2] Note: 441.047 was added to and made a part of 441.015 to 441.087 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) As used in this section: (a) "Advance directive" has the meaning given that term in ORS 127.505. (b) "Hospital" has the meaning given that term in ORS 442.015. (c) "POLST" has the meaning given that term in ORS 127.663. (2) A hospital may not: (a) Condition the provision of treatment on a patient having a POLST, advance directive or any instruction relating to the administration, withholding or withdrawing of life-sustaining procedures or artificially administered nutrition and hydration; (b) Communicate to any individual or person acting on behalf of the individual, before or after admission to the hospital, that treatment is conditioned on the individuals having a POLST, an advance directive or any instruction relating to the administration, withholding or withdrawing of life-sustaining procedures or artificially administered nutrition and hydration; (c) Suggest to any individual, or person acting on behalf of the individual, who contacts the hospital regarding treatment for the individual that admission or treatment is conditioned on the individuals having a POLST, an advance directive or any instruction relating to the administration, withholding or withdrawing of life-sustaining procedures or artificially administered nutrition and hydration; or (d) Discriminate in any other way against an individual based on whether the individual has a POLST, an advance directive or any instruction relating to the administration, withholding or withdrawing of life-sustaining procedures or artificially administered nutrition and hydration. (3) This section does not prohibit a hospital from providing the written materials and information about advance directives as required by ORS 127.649 and 127.652 or prohibit a licensed health care professional from engaging in a discussion with a patient about the written materials and information. [2020 s.s.1 c.20 1] Note: 441.048 and 441.049 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) As used in this section: (a) "Hospital" has the meaning given that term in ORS 442.015, excluding the Oregon State Hospital. (b) "Patient" means a patient admitted to a hospital or in an emergency department who needs assistance to effectively communicate with hospital staff, make health care decisions or engage in activities of daily living due to a disability, including but not limited to: (A) A physical, intellectual, behavioral or cognitive impairment; (B) Deafness, being hard of hearing or other communication barrier; (C) Blindness; (D) Autism; or (E) Dementia. (c) "Support person" means a family member, guardian, personal care assistant or other paid or unpaid attendant selected by the patient to physically or emotionally assist the patient or ensure effective communication with the patient. (2) A hospital licensed in this state must allow a patient to designate at least three support persons, and to allow at least one support person to be present with the patient at all times in the emergency department and during the patients stay at the hospital, if necessary to facilitate the patients care, including but not limited to when the patient: (a) Has a cognitive or mental health disability that affects the patients ability to make medical decisions or understand medical advice; (b) Needs assistance with activities of daily living and the hospital staff are unable to provide or less effective at providing the assistance; (c) Is deaf, is hard of hearing or has other communication barriers and requires the assistance of a support person to ensure effective communication with hospital staff; or (d) Has behavioral health needs that the support person can address more effectively than the hospital staff. (3) A hospital may impose conditions regarding support persons to ensure the safety of the patient, support person and staff such as: (a) Requiring a support person to: (A) Wear personal protective equipment provided by the hospital and follow hand washing and other protocols for preventing the potential spread of infection; (B) Be free of any symptoms of viruses or contagious diseases; and (C) Submit to screenings for viruses or contagious diseases upon entering and exiting the hospital; (b) Limiting the number of support persons allowed to be present with the patient at a time; and (c) Limiting the total number of support persons allowed to be present during the course of a day. (4) A hospital must ensure that a support person designated by a patient is present for any discussion in which the patient is asked to elect hospice care or to sign an advance directive or other instrument allowing the withholding or withdrawing of life-sustaining procedures or artificially administered nutrition or hydration, unless the patient requests to have the discussion outside of the presence of a support person. (5) A hospital must inform a patient, at the time the hospital services are scheduled and upon admission, of the patients right to support persons under this section and must post the hospitals policy and requirements for support persons at entry points to the hospital and on the hospitals website. (6) This section does not affect a hospitals obligation to: (a) Provide patients with effective communication supports or other reasonable accommodations in accordance with federal and state laws; or (b) Make exceptions to the hospital visitor policy, including exceptions to the number of support persons allowed access to the patient, as a reasonable accommodation under the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq. [2020 s.s.1 c.20 2] Note: See note under 441.048.
[Amended by 1971 c.730 12; 1973 c.840 8; 1977 c.751 22; 1987 c.428 8; 2001 c.900 166; 2009 c.595 725; renumbered 441.038 in 2019]
(1) As used in this section: (a) "Aftercare" includes all of the following: (A) Assistance with activities of daily living or instrumental activities of daily living. (B) Medical or nursing tasks such as wound care, the administration of medications and the operation of medical equipment. (C) Other assistance provided by a caregiver to a patient, following the patients discharge, that is related to the patients condition at the time of discharge. (b) "Discharge" means a patients release from a hospital following the patients admission to the hospital. (c) "Lay caregiver" means an individual who, at the request of a patient, agrees to provide aftercare to the patient in the patients residence. (2) A hospital shall adopt and maintain written discharge policies. The policies must include the following components: (a) Hospital staff assess the patients ability for self-care after discharge; (b) The patient is provided an opportunity to designate a lay caregiver; (c) The patient and lay caregiver are given the opportunity to participate in the discharge planning; (d) The patient and lay caregiver are provided instruction or training, prior to discharge, as necessary for the lay caregiver to perform medical and nursing aftercare following discharge; and (e) The patients lay caregiver is notified of the patients discharge or transfer. (3) The discharge policies must specify the requirements for documenting: (a) The lay caregiver who is designated by the patient; and (b) The details of a discharge plan. (4) The discharge policies may incorporate established evidence-based practices, including but not limited to: (a) Standards for accreditation adopted by the Joint Commission or other nationally recognized hospital accreditation organization; or (b) The Conditions of Participation for hospitals adopted by the Centers for Medicare and Medicaid Services. (5) The discharge policies must ensure that the discharge planning is appropriate to the condition of the patient and shall be interpreted in a manner and as necessary to meet the needs and acuity of the patient and the abilities of the lay caregiver. (6) This section does not require a hospital to adopt discharge policies that would: (a) Delay a patients discharge or transfer to another facility; or (b) Require the disclosure of protected health information without obtaining a patients consent as required by state and federal laws governing health information privacy and security. [Formerly 441.198] Note: 441.051 was added to and made a part of ORS chapter 441 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) As used in this section: (a) "Behavioral health crisis" means a disruption in an individuals mental or emotional stability or functioning resulting in an urgent need for immediate treatment to prevent a serious deterioration in the individuals mental or physical health. (b) "Lethal means counseling" means counseling strategies designed to reduce the access by a patient who is at risk for suicide to lethal means, including but not limited to firearms. (c) "Suicide prevention measures" may include, but are not limited to: (A) Lethal means counseling; and (B) Providing information about a suicide intervention hotline. (2) A hospital with an emergency department shall adopt and implement policies for the release from the hospitals emergency department of a patient presenting with a behavioral health crisis including suicide prevention measures, if any, that must be taken. At a minimum, the policies must meet the requirements in ORS 441.054 for hospital policies regarding the discharge of a patient who is admitted for mental health treatment. [2017 c.272 2] Note: 441.053 was added to and made a part of 441.015 to 441.087 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) As used in this section: (a) "Discharge" means the release of a patient from a hospital following admission to the hospital. (b) "Lay caregiver" means: (A) For a patient who is younger than 14 years of age, a parent or legal guardian of the patient. (B) For a patient who is at least 14 years of age, an individual designated by the patient or a parent or legal guardian of the patient to the extent permitted under ORS 109.640 and 109.675. (2) A hospital shall adopt and enforce policies for the discharge of a patient who is hospitalized for mental health treatment. The policies must be publicly available and include, at a minimum, all of the following: (a) Encouraging the patient to sign an authorization for the disclosure of information that is necessary for a lay caregiver to participate in the patients discharge planning and to provide appropriate support to the patient following discharge including, but not limited to, discussing the patients prescribed medications and the circumstances under which the patient or lay caregiver should seek immediate medical attention. (b) Assessing the patients risk of suicide, with input from the lay caregiver if appropriate. (c) Assessing the long-term needs of the patient including: (A) The patients need for community-based services; (B) The patients capacity for self-care; and (C) To the extent practicable, whether the patient can be properly cared for in the place where the patient was residing when the patient presented at the hospital. (d) A process to coordinate the patients care and transition the patient from an acute care setting to outpatient treatment that may include community-based providers, peer support, lay caregivers and others who can execute the patients care plan following discharge. (e) Scheduling follow-up appointments for no later than seven days after discharge or documenting why the seven-day goal could not be met. [Formerly 441.196] Note: 441.054 was added to and made a part of 441.015 to 441.087 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) The governing body of each health care facility shall be responsible for the operation of the facility, the selection of the medical staff and the quality of care rendered in the facility. The governing body shall: (a) Ensure that all health care personnel for whom state licenses, registrations or certificates are required are currently licensed, registered or certified; (b) Ensure that physicians admitted to practice in the facility are granted privileges consistent with their individual training, experience and other qualifications; (c) Ensure that procedures for granting, restricting and terminating privileges exist and that such procedures are regularly reviewed to ensure their conformity to applicable law; (d) Ensure that physicians admitted to practice in the facility are organized into a medical staff in such a manner as to effectively review the professional practices of the facility for the purposes of reducing morbidity and mortality and for the improvement of patient care; and (e) Ensure that a physician is not denied medical staff membership or privileges at the facility solely on the basis that the physician holds medical staff membership or privileges at another health care facility. (2) The physicians organized into a medical staff pursuant to subsection (1) of this section shall propose medical staff bylaws to govern the medical staff. The bylaws shall include, but not be limited to the following: (a) Procedures for physicians admitted to practice in the facility to organize into a medical staff pursuant to subsection (1) of this section; (b) Procedures for ensuring that physicians admitted to practice in the facility are granted privileges consistent with their individual training, experience and other qualifications; (c) Provisions establishing a framework for the medical staff to nominate, elect, appoint or remove officers and other persons to carry out medical staff activities with accountability to the governing body; (d) Procedures for ensuring that physicians admitted to practice in the facility are currently licensed by the Oregon Medical Board; (e) Procedures for ensuring that the facilitys procedures for granting, restricting and terminating privileges are followed and that such procedures are regularly reviewed to assure their conformity to applicable law; and (f) Procedures for ensuring that physicians provide services within the scope of the privileges granted by the governing body. (3) Amendments to medical staff bylaws shall be accomplished through a cooperative process involving both the medical staff and the governing body. Medical staff bylaws shall be adopted, repealed or amended when approved by the medical staff and the governing body. Approval shall not be unreasonably withheld by either. Neither the medical staff nor the governing body shall withhold approval if such repeal, amendment or adoption is mandated by law, statute or regulation or is necessary to obtain or maintain accreditation or to comply with fiduciary responsibilities or if the failure to approve would subvert the stated moral or ethical purposes of the institution. (4) The Oregon Medical Board may appoint one or more physicians to conduct peer review for a health care facility upon request of such review by all of the following: (a) The physician whose practice is being reviewed. (b) The executive committee of the health care facilitys medical staff. (c) The governing body of the health care facility. (5) The physicians appointed pursuant to subsection (4) of this section shall be deemed agents of the Oregon Medical Board, subject to the provisions of ORS 30.310 to 30.400 and shall conduct peer review. Peer review shall be conducted pursuant to the bylaws of the requesting health care facility. (6) Any person serving on or communicating information to a peer review committee shall not be subject to an action for damages for action or communications or statements made in good faith. (7) All findings and conclusions, interviews, reports, studies, communications and statements procured by or furnished to the peer review committee in connection with a peer review are confidential pursuant to ORS 192.338, 192.345, 192.355 and 192.690 and all data is privileged pursuant to ORS 41.675. (8) Notwithstanding subsection (7) of this section, a written report of the findings and conclusions of the peer review shall be provided to the governing body of the health care facility who shall abide by the privileged and confidential provisions set forth in subsection (7) of this section. (9) Procedures for peer review established by subsections (4) to (8) of this section are exempt from ORS chapter 183. (10) The Oregon Health Authority shall adopt by rule standards for rural hospitals, as defined in ORS 442.470, that specifically address the provision of care to postpartum and newborn patients so long as patient care is not adversely affected. (11) For purposes of this section, "physician" has the meaning given the term in ORS 677.010. [Amended by 1965 c.352 1; 1971 c.730 13; 1973 c.837 14; 1973 c.840 9; 1977 c.261 4; 1977 c.448 10; 1977 c.751 23a; 1987 c.428 9; 1987 c.850 2; 1993 c.269 1; 1995 c.727 38; 1995 c.763 1; 1999 c.542 1; 2001 c.900 167; 2009 c.595 726; 2009 c.792 58]
(1) The Oregon Health Authority shall prescribe by rule the information and documents that a governing body of an originating-site hospital may request for credentialing a telemedicine provider located at a distant-site hospital. (2) The rules adopted by the authority under subsection (1) of this section must: (a) Prescribe a standard list of information and documents that shall be provided by a distant-site hospital; (b) Prescribe a list of information and documents that may be requested by an originating-site hospital in addition to the standard list of information and documents; (c) Prescribe a list of information and documents that may not be requested by an originating-site hospital; and (d) Be consistent with all applicable legal and accreditation requirements of an originating-site hospital and the health plans with which the originating-site hospital contracts. (3) Except as provided in subsection (4) of this section, an originating-site hospital in this state must comply with the rules adopted under this section if the telemedicine provider is located at a distant-site hospital that is located in this state. This section does not prevent hospitals located outside of this state from using or require such hospitals to use the prescribed list of information and documents in credentialing a telemedicine provider. (4) An originating-site hospital is not limited to the information and documents prescribed by the authority if the originating-site hospital has a delegated credentialing agreement with the distant-site hospital where the telemedicine provider is located and the governing body of the originating-site hospital accepts the recommendation of the medical staff to credential the telemedicine provider. (5) In the adoption of the rules described in subsections (1) and (2) of this section, the authority shall consult with representatives of distant-site hospitals and originating-site hospitals in this state. Once adopted, the authority may not amend the rules to alter the prescribed lists without first consulting representatives of distant-site hospitals and originating-site hospitals in this state. (6) This section does not affect the responsibilities of a governing body under ORS 441.055 and does not require a governing body of a hospital to grant privileges to a telemedicine provider. [2013 c.414 2] Note: 441.056 was added to and made a part of ORS chapter 441 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
[1975 c.360 2; 1981 c.336 1; 1987 c.428 10; 2001 c.609 16; 2001 c.900 168; 2009 c.595 727; 2009 c.792 59; 2017 c.101 13; 2018 c.61 16; renumbered 441.044 in 2019]
The rules of a hospital that govern patient access to previously performed X-rays or diagnostic laboratory reports shall not discriminate between patients of chiropractic physicians and patients of other licensed medical practitioners permitted access to such X-rays and diagnostic laboratory reports. [1979 c.490 2]
(1) The Oregon Health Authority shall make or cause to be made in-person site inspections of health care facilities licensed under ORS 441.025 (1) at least once every three years. (2) The authority and the Department of Human Services may prescribe by rule that any licensee or prospective applicant desiring to make specified types of alteration or addition to its facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, either prior to or after receiving a certificate of need pursuant to ORS 442.315, if required, submit plans and specifications therefor to the authority or the department for preliminary inspection and approval or recommendations with respect to compliance with the rules authorized by ORS 441.025 and 443.420 and for compliance with National Fire Protection Association standards when the facility is also to be Medicare or Medicaid certified. (3) The authority or the department may require by rule payment of a fee for project review services at a variable rate, dependent on total project cost. (4) For health care facilities, the authority shall develop a review fee schedule as minimally necessary to support the staffing level and expenses required to administer the program. (5) For long term care facilities and residential care facilities, the department shall develop a review fee schedule as minimally necessary to support the staffing level and expenses required to administer the program. The fee for project review of residential care facilities shall equal two-thirds that required of health care facilities. (6) The authority or the department may also conduct an on-site review of projects as a prerequisite to licensure of new facilities, major renovations and expansions. The authority and the department shall, at least annually, with the advice of the facilities covered by the review, present proposed rule changes regarding facility design and construction to such agencies for their consideration. (7) The authority shall publish a state submissions guide for health care facility projects and advise project sponsors of applicable requirements of federal, state and local regulatory agencies. (8) The department shall publish a state submissions guide for long term care facility and residential care facility projects and advise project sponsors of applicable requirements of federal, state and local regulatory agencies. [Amended by 1965 c.352 2; 1971 c.730 14; 1973 c.840 10; 1985 c.747 29; 1987 c.428 11; 1987 c.660 23; 2001 c.104 178; 2001 c.900 169; 2009 c.595 728; 2009 c.792 60; 2011 c.35 2; 2021 c.338 2]
(1) Upon agreement, the Director of Human Services may grant specific authorization to any local public health authority, as defined in ORS 431.003, to administer and enforce any law or rules of the Department of Human Services relating to inspections and issuance, revocation and suspension of licenses, or portion thereof, for long term care facilities. (2) Pursuant to an agreement as provided in subsection (1) of this section, the director may provide funds and other resources to the local public health authority necessary to enable the local public health authority to perform the agreed upon functions. [1977 c.261 2; 1987 c.428 12; 2015 c.736 87]
(1) In conducting inspections for the purpose of licensing health care facilities under ORS 441.020, the Oregon Health Authority and the Department of Human Services shall avoid unnecessary facility disruption by coordinating inspections performed by the authority or the department with inspections performed by other federal, state and local agencies that have responsibility for health care facility licensure. (2) Whenever possible, the authority and the department shall avoid duplication of inspections by accepting inspection reports or surveys prepared by other state agencies that have responsibility for health care facility licensure for purposes of the inspection required for licensure. (3) In lieu of an in-person site inspection as required by ORS 441.025 and 441.060, the authority or the department may accept a certification or accreditation from a federal agency or an accrediting body approved by the authority or the department that the state licensing standards have been met, if: (a) The certification or accreditation is recognized by the authority or the department as addressing the standards and condition of participation requirements of the Centers for Medicare and Medicaid Services and other standards set by the authority or the department; (b) The health care facility notifies the authority or the department to participate in any exit interview conducted by the federal agency or accrediting body; and (c) The health care facility provides copies of all documentation concerning the certification or accreditation requested by the authority or the department. (4) The authority and the department shall adopt rules necessary to implement this section. [1995 c.449 6; 2001 c.900 170; 2009 c.595 729; 2009 c.792 61; 2021 c.338 3]
The rules of the hospital shall include provisions for the use of the hospital facilities by podiatric physicians and surgeons licensed under ORS 677.805 to 677.840, subject to rules and regulations governing the use established by the medical staff and the podiatric staff of the hospital. The staff shall regulate the admission and the conduct of the podiatric physicians and surgeons while using the facilities of the hospital and shall prescribe procedures whereby a podiatric physician and surgeons use of the facilities may be suspended or terminated. [1973 c.279 2; 2007 c.71 126; 2013 c.129 29]
(1) As used in this section: (a) "Nurse practitioner" has the meaning given that term in ORS 678.010; (b) "Physician" has the meaning given that term in ORS 677.010; and (c) "Physician assistant" has the meaning given that term in ORS 677.495. (2) The rules of any hospital in this state may grant privileges to nurse practitioners and physician assistants for purposes of patient care. (3) Rules must be in writing and may include, but need not be limited to: (a) Limitations on the scope of privileges; (b) Monitoring and supervision of nurse practitioners and physician assistants in the hospital by physicians who are members of the medical staff; (c) A requirement that a nurse practitioner or physician assistant co-admit patients with a physician who is a member of the medical staff; and (d) Qualifications of nurse practitioners and physician assistants to be eligible for privileges including but not limited to requirements of prior clinical and hospital experience. (4) The rules may: (a) Regulate the credentialing and conduct of nurse practitioners and physician assistants while using the facilities of the hospital; (b) Prescribe the procedures for suspension or termination of a nurse practitioners or physician assistants privileges; and (c) Allow the hospital to refuse privileges to a nurse practitioner or physician assistant, but only on the same basis that the hospital refuses privileges to other medical providers. (5) Notwithstanding subsection (3) of this section, rules adopted by a hospital that grant privileges to licensed registered nurses who are licensed by the Oregon State Board of Nursing as nurse practitioners specializing in nurse midwifery must: (a) Include admitting privileges; (b) Be consistent with the privileges of the other medical staff; and (c) Permit the nurse practitioner specializing in nurse midwifery to exercise the voting rights of the other members of the medical staff. (6) Rules described in this section are subject to hospital and medical staff bylaws and rules governing credentialing and staff privileges. [1993 c.34 1; 1995 c.763 2; 2015 c.63 1; 2017 c.259 1; 2019 c.233 1; 2019 c.358 14; 2021 c.349 7] Note 1: The amendments to 441.064 by section 7, chapter 349, Oregon Laws 2021, become operative January 15, 2022. See section 9, chapter 349, Oregon Laws 2021. The text that is operative until January 15, 2022, is set forth for the users convenience. (1) As used in this section: (a) "Nurse practitioner" has the meaning given that term in ORS 678.010; (b) "Physician" has the meaning given that term in ORS 677.010; and (c) "Physician assistant" has the meaning given that term in ORS 677.495. (2) The rules of any hospital in this state may grant privileges to nurse practitioners and physician assistants for purposes of patient care. (3) Rules must be in writing and may include, but need not be limited to: (a) Limitations on the scope of privileges; (b) Monitoring and supervision of nurse practitioners and physician assistants in the hospital by physicians who are members of the medical staff; (c) A requirement that a nurse practitioner or physician assistant co-admit patients with a physician who is a member of the medical staff; and (d) Qualifications of nurse practitioners and physician assistants to be eligible for privileges including but not limited to requirements of prior clinical and hospital experience. (4) The rules may: (a) Regulate the credentialing and conduct of nurse practitioners and physician assistants while using the facilities of the hospital; (b) Prescribe the procedures for suspension or termination of a nurse practitioners or physician assistants privileges; (c) Allow the hospital to refuse privileges to a nurse practitioner, but only on the same basis that the hospital refuses privileges to other medical providers; and (d) Allow the hospital to refuse privileges to a physician assistant based on the refusal of privileges to the physician assistants supervising physician. (5) Notwithstanding subsection (3) of this section, rules adopted by a hospital that grant privileges to licensed registered nurses who are licensed by the Oregon State Board of Nursing as nurse practitioners specializing in nurse midwifery must: (a) Include admitting privileges; (b) Be consistent with the privileges of the other medical staff; and (c) Permit the nurse practitioner specializing in nurse midwifery to exercise the voting rights of the other members of the medical staff. (6) Rules described in this section are subject to hospital and medical staff bylaws and rules governing credentialing and staff privileges. Note 2: The amendments to 441.064 by section 16, chapter 349, Oregon Laws 2021, become operative July 15, 2022. See section 21, chapter 349, Oregon Laws 2021. The text that is operative on and after July 15, 2022, is set forth for the users convenience. (1) As used in this section: (a) "Nurse practitioner" has the meaning given that term in ORS 678.010; (b) "Physician" has the meaning given that term in ORS 677.010; and (c) "Physician assistant" has the meaning given that term in ORS 677.495. (2) The rules of any hospital in this state may grant privileges to nurse practitioners and physician assistants for purposes of patient care. (3) Rules must be in writing and may include, but need not be limited to: (a) Limitations on the scope of privileges; (b) Monitoring and supervision of nurse practitioners and collaboration with physician assistants in the hospital by physicians who are members of the medical staff; (c) A requirement that a nurse practitioner or physician assistant co-admit patients with a physician who is a member of the medical staff; and (d) Qualifications of nurse practitioners and physician assistants to be eligible for privileges including but not limited to requirements of prior clinical and hospital experience. (4) The rules may: (a) Regulate the credentialing and conduct of nurse practitioners and physician assistants while using the facilities of the hospital; (b) Prescribe the procedures for suspension or termination of a nurse practitioners or physician assistants privileges; and (c) Allow the hospital to refuse privileges to a nurse practitioner or physician assistant, but only on the same basis that the hospital refuses privileges to other medical providers. (5) Notwithstanding subsection (3) of this section, rules adopted by a hospital that grant privileges to licensed registered nurses who are licensed by the Oregon State Board of Nursing as nurse practitioners specializing in nurse midwifery must: (a) Include admitting privileges; (b) Be consistent with the privileges of the other medical staff; and (c) Permit the nurse practitioner specializing in nurse midwifery to exercise the voting rights of the other members of the medical staff. (6) Rules described in this section are subject to hospital and medical staff bylaws and rules governing credentialing and staff privileges. Note 3: 441.064 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.
(1) ORS 441.015 to 441.087 or the rules adopted pursuant thereto do not authorize the supervision, regulation or control of the remedial care or treatment of residents or patients in any home or institution that is described under subsection (2) of this section and is conducted for those who rely upon treatment solely by prayer or spiritual means, except as to the sanitary and safe conditions of the premises, cleanliness of operation and its physical equipment. This section does not exempt such a home or institution from the licensing requirements of ORS 441.015 to 441.087, 441.525 to 441.595, 441.815, 441.820, 441.990, 442.342 and 442.344. (2) To qualify under subsection (1) of this section, a home or institution must: (a) Be owned by an entity that is registered with the Secretary of State as a nonprofit corporation and that does not own, hold a financial interest in, control or operate any facility, wherever located, of a type providing medical health care and services; and (b) Provide 24 hour a day availability of nonmedical care and services. (3) As used in this section: (a) "Medical health care and services" means medical screening, examination, diagnosis, prognosis, treatment and drug administration. "Medical health care and services" does not include counseling or the provision of social services or dietary services. (b) "Nonmedical care and services" means assistance or services, other than medical health care and services, provided by attendants for the physical, mental, emotional or spiritual comfort and well being of residents or patients. [Amended by 1971 c.730 17; 1973 c.840 11; 1977 c.751 24; 1997 c.490 1; 2009 c.792 38; 2018 c.50 14]
(1) The Department of Human Services shall provide to each licensed long term care facility in the state in writing in clear concise language readily comprehensible by the average person: (a) The most recent inspection report conducted by the department of that facility; (b) An outline of the procedures for filing complaints against long term care facilities; and (c) A summary of rules of the department affecting patient care standards for long term care facilities. (2) The owner or operator of a long term care facility shall post the information provided pursuant to subsection (1) of this section in a prominent place and shall, upon request, provide a copy of the information to each patient of, or person applying for admission to, the facility, or the guardian or conservator of the applicant or patient. [1975 c.360 3; 1987 c.428 13]
(1) The Department of Human Services shall adopt rules specifying maximum number of patients per nursing assistant per shift in long term care facilities. (2) The department may grant variances in the staffing requirements within a shift based on patient care needs or nursing practices. (3) A statement of the specific staffing requirement for each time period required by subsection (1) or (2) of this section in a particular facility shall be posted by the facility in a public place within the facility. [1981 c.574 2,3,4; 1987 c.428 14]
(1) If the governing body of a health care facility or health maintenance organization excludes or expels a person licensed under ORS chapter 677 from staff membership, or limits in any way the professional privilege of the person in the health care facility or health maintenance organization solely because of the school of medicine to which the person belongs, the license of the health care facility shall be subject to revocation in the manner provided in ORS 441.030. A health maintenance organization which violates this section shall be subject to penalties provided in ORS 731.988 and 731.992. (2) Nothing in this section is intended to limit the authority of the governing body of a health care facility or health maintenance organization with respect to a person who has violated the reasonable rules and regulations of the health care facility or health maintenance organization or who has violated the provisions of ORS chapter 677 if the governing body has reported the violation of ORS chapter 677 to the Oregon Medical Board in writing. [1971 c.274 1; 1973 c.840 12; 1977 c.751 25; 2018 c.50 15] Note: 441.077 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.
(1) As used in this section: (a) "Auxiliary aids and services" means: (A) Qualified interpreters or other effective methods of making aurally delivered material available to individuals with hearing impairment; (B) Qualified readers, audio recordings of texts or other effective methods of making visually delivered material available to individuals with visual impairment; (C) Acquisition or modification of equipment or devices; or (D) Other similar services or actions. (b) "Covered entity" means: (A) Any entity licensed under the laws of this state for the purpose of providing health care services; (B) Any practitioner licensed under the laws of this state for the purpose of practicing a health care profession; or (C) An insurer of health care services. (c) "Disability" has the meaning described in ORS 659A.104. (d) "Organ transplant" means the transplantation or transfusion of a part of a human body into another human body for the purpose of treating or curing a medical condition. (e) "Qualified individual" means an individual who, with or without the availability of support networks, auxiliary aids and services or reasonable modifications to policies or practices, meets the eligibility requirements for the receipt of an organ transplant. (f) "Reasonable modifications to policies or practices" includes: (A) Communication with individuals responsible for supporting an individual through post-surgical, post-transplantation and post-transfusion care, including the administration of medication; and (B) Consideration of support networks available to an individual, including family, friends and home- and community-based services funded through Medicaid, Medicare, a health benefit plan as defined in ORS 743B.005 or any other source of funding available to the individual, in determining whether the individual is able to comply with post-transplantation and post-transfusion medical requirements. (g) "Transplant hospital" has the meaning given that term in ORS 97.953. (2) A covered entity may not, solely on the basis of a qualified individuals disability: (a) Consider the individual ineligible to receive an organ transplant. (b) Deny the individual medical services or other services related to organ transplantation, including diagnostic services, surgery, post-operative treatment and counseling. (c) Refuse to refer the individual to a transplant hospital or an organ transplant specialist for the purpose of being evaluated for or receiving an organ transplant. (d) Refuse to place the individual on an organ transplant waiting list. (e) Place the individual on an organ transplant waiting list at a lower priority position than the position at which the individual would have been placed if the individual did not have a disability. (f) Refuse the individual insurance coverage for any procedure associated with being evaluated for or receiving an organ transplant, including post-transplantation and post-transfusion care. (3) Notwithstanding subsection (2) of this section, a covered entity may consider a qualified individuals disability when making treatment or insurance coverage decisions or recommendations related to organ transplantation, to the extent that the disability has been found by a physician licensed under ORS chapter 677, following an individualized evaluation of the individual, to be medically significant to the receipt of the organ transplant. (4) If a covered entity makes an objectively reasonable determination that a qualified individual has the necessary support networks, including family, friends and home- and community-based services funded through Medicaid, Medicare, a health benefit plan as defined in ORS 743B.005 or any other source of funding available to the individual, to assist the individual in complying with post-transplantation and post-transfusion medical requirements, the covered entity may not consider the individuals inability to independently comply with those orders to be medically significant for purposes of subsection (3) of this section. (5) A covered entity must modify the covered entitys policies, practices or procedures when modification is necessary to make medical services or other services related to organ transplantation, including diagnostic services, surgery, post-operative treatment and counseling, available to a qualified individual who has a disability unless the covered entity demonstrates that making the modification would fundamentally alter the nature of the medical services or other services related to organ transplantation. (6) A covered entity must take steps necessary to ensure that a qualified individual who has a disability is not denied medical services or other services related to organ transplantation, including diagnostic services, surgery, post-operative treatment and counseling, unless the covered entity demonstrates that taking the steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity. (7) Judicial review of a claim brought under this section may be sought from the circuit court for the county in which the potential recipient of the organ transplant resides or resided or was denied the organ transplant. The circuit court shall give priority on its docket and expedited review to a claim brought under this section. (8) In an action brought under this section, the court may grant equitable relief, including: (a) Requiring auxiliary aids and services to be made available for a qualified individual with a disability; (b) Requiring the modification of a policy, practice or procedure of a covered entity; or (c) Requiring facilities be made readily accessible to and usable by a qualified individual with a disability. (9)(a) Notwithstanding ORS 30.260 to 30.300, a person receiving services constituting patient care on an Oregon Health and Science University campus, in any Oregon Health and Science University clinic or provided by any health care provider employed by or working on behalf of Oregon Health and Science University, may bring a claim under this section for equitable relief. (b) This section does not create a right to damages against a public body, as defined in ORS 30.260. (c) This section does not prevent a person from bringing a claim against a covered entity and seeking applicable relief from a covered entity for conduct described in this section under any other provision of law. [Formerly 442.765] Note: 441.078 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.
(1) As used in this section and ORS 441.082: (a) "Entity" means an individual, corporation, business trust, partnership, limited liability company, association, joint venture or an instrumentality of an entity. (b) "Eye bank" means an entity that is licensed or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or parts of human eyes. (c) "Health care facility" has the meaning given that term in ORS 442.015. (d) "Organ procurement organization" means an entity designated by the United States Secretary of Health and Human Services as an organ procurement organization. (e) "Tissue bank" means an entity that is licensed or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of tissue for transplants. (2) Tissue banks and eye banks must be registered with and regulated by the United States Food and Drug Administration. (3) A health care facility that performs organ transplants must: (a) Be a member of the Organ Procurement and Transplantation Network established by the National Organ Transplant Act of 1984; (b) Be regulated by the United States Department of Health and Human Services; and (c) Use an organ procurement organization to obtain organs for transplants. (4) A health care facility that performs tissue or corneal transplants must obtain the tissue or corneas from a tissue bank or an eye bank that is registered with and regulated by the United States Food and Drug Administration. [2007 c.334 1] Note: 441.079 and 441.082 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) The Oregon Health Authority shall adopt by rule standards and a system of registration for every organ procurement organization, tissue bank and eye bank doing business in this state. (2) An organ procurement organization, tissue bank or eye bank may not do business in this state unless it has registered with the authority. (3) Each organ procurement organization, tissue bank and eye bank shall provide to the authority at least every three years current documentation of designation, certification and inspection as evidence of compliance with national standards and requirements under federal law. (4) The authority may impose a civil penalty not to exceed $1,000 against an organ procurement organization, tissue bank or eye bank doing business in this state for failure to: (a) Register with the authority; (b) Report loss of designation, accreditation or certification within 60 days of the loss; or (c) Supply the authority with requested current documentation of designation, certification and inspection. (5) Civil penalties under this section shall be imposed in the manner provided under ORS 183.745. [2007 c.334 2; 2009 c.595 730] Note: See note under 441.079.
(1) If a long term care facility or an intermediate care facility required to be licensed pursuant to ORS 441.015 charges patients for drugs, the following shall be made available to the patient on request: (a) Name of the drug; (b) Amount paid by the facility for the drug; and (c) Amount charged by the facility for the drug. (2) If a pharmacy charges any person for a drug administered to a patient in a long term care facility or an intermediate care facility, the pharmacy shall provide on request a written bill listing the: (a) Name of the drug; and (b) Amount charged by the pharmacy for the drug. (3) As used in this section, "person" includes the patient and any insurance company or other party responsible for health care costs incurred by the patient. [1979 c.680 3]
(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 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]
(1) An ambulatory surgical center shall evaluate all of a patients risk factors before permitting a surgical procedure to be performed on the patient in the facility. (2) An ambulatory surgical center shall post a notice in the facility, in a prominent place and in prominent font size, advising patients of the manner in which patients may express concerns regarding the ambulatory surgical center and services provided at the ambulatory surgical center. The posting must include but need not be limited to the address and telephone number for contacting the Oregon Health Authority to express the concerns. (3) The authority shall adopt rules classifying ambulatory surgical centers in three categories: (a) Certified ambulatory surgical centers, which must comply with federal Centers for Medicare and Medicaid Services rules, 42 C.F.R. 416 and rules adopted by the authority; (b) High complexity noncertified ambulatory surgical centers, which must comply with rules adopted by the authority; and (c) Moderate complexity noncertified ambulatory surgical centers, which must comply with rules adopted by the authority and which may use only conscious sedation and analgesia. [2009 c.792 2; 2009 c.792 51]
(1) The Department of Human Services shall, in addition to any inspections conducted pursuant to complaints filed against long term care facilities, conduct at least one general inspection of each long term care facility in the state each calendar year, including, but not limited to, entering the facility, interviewing residents and reviewing records. No advance notice shall be given of any inspection conducted pursuant to this section. (2) Any state employee giving advance notice in violation of subsection (1) of this section shall be suspended from all duties without pay for a period of at least 10 working days, or for a longer period as determined by the Director of Human Services. [1975 c.294 2,3; 1977 c.751 27; 1987 c.428 16; 2003 c.14 250]
The provisions of the Health Care Quality Improvement Act of 1986, P.L. No. 99-660, 100 Stat. p. 3743, 3784 (1986) apply within this state for professional review actions pursuant to ORS 441.015 to 441.087. [1987 c.850 5]
[1971 c.730 15; 1973 c.358 6; 1973 c.840 14; 1975 c.485 1; 1977 c.751 28; renumbered 442.320]
[1975 c.485 4; 1977 c.751 29; renumbered 442.330]
(1) No officer or employee of a hospital licensed by the Oregon Health Authority that has an emergency department may deny to a person an appropriate medical screening examination within the capability of the emergency department, including ancillary services routinely available to the emergency department, to determine whether a need for emergency medical services exists. (2) No officer or employee of a hospital licensed by the authority may deny to a person diagnosed by an admitting physician as being in need of emergency medical services the emergency medical services customarily provided at the hospital because the person is unable to establish the ability to pay for the services. (3) Nothing in this section is intended to relieve a person of the obligation to pay for services provided by a hospital. (4) A hospital that does not have physician services available at the time of the emergency shall not be in violation of this section if, after a reasonable good faith effort, a physician is unable to provide or delegate the provision of emergency medical services. (5) All coordinated care organization contracts executed by the authority and private health maintenance organizations and managed care organizations shall include a provision that encourages the organization to establish agreements with hospitals in the organizations service area for payment of emergency screening examinations. (6) As used in subsections (1) and (2) of this section, "emergency medical services" means medical services that are usually and customarily available at the respective hospital and that must be provided immediately to sustain a persons life, to prevent serious permanent disfigurement or loss or impairment of the function of a bodily member or organ, or to provide care of a woman in her labor where delivery is imminent if the hospital is so equipped and, if the hospital is not equipped, to provide necessary treatment to allow the woman to travel to a more appropriate facility without undue risk of serious harm. [1987 c.386 1; 1995 c.449 2; 2009 c.595 732; 2011 c.602 53] Note: 441.094 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.
[1971 c.730 16; 1973 c.358 7; 1973 c.840 15; 1975 c.485 2; 1977 c.751 30; renumbered 442.340]
(1) A health care practitioner working at a health care facility and providing direct care to a patient shall wear an identification badge indicating the practitioners name and professional title. (2) A health care facility shall develop policies that specify the size and content of the identification badge required by subsection (1) of this section. (3) As used in this section, "health care facility" means a health care facility as defined in ORS 442.015 or a mental health facility, alcohol treatment facility or drug treatment facility licensed or operated under ORS chapter 426 or 430. [2005 c.231 1; 2011 c.720 196] Note: 441.096 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.
(1) As used in this section and ORS 441.099 and 441.991: (a) "Facility" means a hospital, outpatient clinic owned by a hospital, ambulatory surgical center, freestanding birthing center or facility that receives Medicare reimbursement as an independent diagnostic testing facility. (b) "Financial interest" means a five percent or greater direct or indirect ownership interest. (c)(A) "Health practitioner" means a physician, naturopathic physician licensed under ORS chapter 685, dentist, direct entry midwife, licensed physician assistant or medical imaging licensee under ORS 688.405 to 688.605 or a nurse practitioner or nurse practitioner specializing in nurse midwifery licensed under ORS chapter 678. (B) "Health practitioner" does not include a provider in a health maintenance organization as defined in ORS 750.005. (d) "Physician" has the meaning given that term in ORS 677.010. (2) A health practitioners decision to refer a patient to a facility for a diagnostic test or health care treatment or service shall be based on the patients clinical needs and personal health choices. (3) If a health practitioner refers a patient for a diagnostic test or health care treatment or service at a facility in which the health practitioner or an immediate family member of the health practitioner has a financial interest, the health practitioner or the practitioners designee shall inform the patient orally and in writing of that interest at the time of the referral. (4)(a) If a health practitioner refers a patient to a facility for a diagnostic test or health care treatment or service, the health practitioner or the practitioners designee shall inform the patient, in the form and manner prescribed by the Oregon Health Authority by rule, that: (A) The patient may receive the test, treatment or service at a different facility of the patients choice; and (B) If the patient chooses a different facility, the patient should contact the patients insurer regarding the extent of coverage or the limitations on coverage for the test, treatment or service at the facility chosen by the patient. (b) Rules concerning the form and manner for informing a patient as required by this subsection shall: (A) Be designed to ensure that the information is conveyed in a timely and meaningful manner; (B) Be administratively simple; and (C) Accommodate a providers adoption and use of electronic health record systems. (5) A health practitioner may not deny, limit or withdraw a referral to a facility solely for the reason that the patient chooses to obtain the test, treatment or service from a different facility. (6) The authority may not impose additional restrictions or limitations on any referral described in this section that are in addition to the requirements specified in subsections (3) and (4) of this section. (7) In obtaining informed consent for a diagnostic test or health care treatment or service that will take place at a facility, a health practitioner shall disclose the manner in which care will be provided in the event that complications occur that require health services beyond what the facility has the capability to provide. (8) Subsections (3) to (5) of this section do not apply to a referral for a diagnostic test or health care treatment or service: (a) For a patient who is receiving inpatient hospital services or services in an emergency department if the referral is for a diagnostic test or health care treatment or service to be performed while the patient is in the hospital or emergency department; (b) Made to a particular facility after the initial referral of the patient to that facility; or (c) Made by the facility or provider to whom a patient was referred. [2009 c.792 3; 2013 c.129 30; 2013 c.552 1; 2017 c.356 69; 2019 c.233 2; 2019 c.358 15a]
(1) A health practitioner who fails to comply with ORS 441.098 (2), (3), (4) or (5) shall be subject to disciplinary action by the Health Licensing Office or by the appropriate health professional regulatory board as defined in ORS 676.160. (2) The Health Licensing Office or the appropriate health professional regulatory board may investigate a claim under ORS 441.098 in accordance with the investigative authority granted the office under ORS 676.595 or the board under ORS 676.165. [2013 c.552 2; 2017 c.101 14] Note: 441.099 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.
[1981 c.534 1; 1985 c.153 1; 2007 c.21 3; 2013 c.717 1; 2015 c.839 3; renumbered 441.402 in 2015]
(1) As used in this section, "protected health information" has the meaning given that term in ORS 192.556. (2) A health care facility shall file with the Oregon Health Authority a protection of health information report no later than 120 days following the close of each fiscal year. The report may be in the form of a letter, must be signed by the chief executive officer of the facility and must: (a) State the responsibility of the health care facilitys management to establish and maintain adequate safeguards and procedures for protecting the confidentiality of personally identifiable and protected health information that the facility retains in electronic and hard copy form; (b) Contain an assurance that there is ongoing evaluation and monitoring of the effectiveness of the safeguards and procedures in protecting the confidentiality of personally identifiable and protected health information; (c) Contain assurances that the signing officer has disclosed to the board of directors of the facility: (A) All significant deficiencies in the design or operation of recordkeeping systems or controls that could adversely affect the facilitys ability to protect the confidentiality of personally identifiable and protected health information; (B) Any breaches of the security of personally identifiable and protected health information, whether material or not, that involve management, staff or employees of the facility who have a significant role in the facilitys recordkeeping systems or controls; and (C) All necessary steps that have been taken to address deficiencies in the design or operation of recordkeeping systems or controls and to resolve any material weaknesses identified by the facility; and (d) Contain assurances that the signing officer has identified for the board any material weaknesses in the recordkeeping systems or controls. (3) The authority may adopt all rules necessary to carry out the provisions of this section. (4) The protection of health information report is confidential and not subject to disclosure under ORS 192.311 to 192.478. [2015 c.133 4]
[1981 c.534 2; 1985 c.153 2; 2013 c.717 2; renumbered 441.403 in 2015]
[1981 c.534 3; renumbered 441.404 in 2015]
[1981 c.534 4; 1985 c.153 3; 2001 c.900 172; 2009 c.768 32; 2013 c.717 3; 2014 c.117 10; renumbered 441.406 in 2015]
[1981 c.534 5; 2013 c.717 4; renumbered 441.407 in 2015]
[1981 c.534 6; 2001 c.104 179; 2003 c.86 13; 2013 c.717 5; renumbered 441.408 in 2015]
[1981 c.534 7; 2013 c.717 6; renumbered 441.409 in 2015]
[1981 c.534 8; 2003 c.14 253; 2013 c.717 7; renumbered 441.411 in 2015]
[1981 c.534 9; 2013 c.717 8; renumbered 441.412 in 2015]
[1981 c.534 10; 1985 c.153 4; 2013 c.717 9; renumbered 441.413 in 2015]
[1981 c.534 11; 2013 c.717 10; renumbered 441.414 in 2015]
[1985 c.153 6; 1989 c.224 93; 2007 c.70 240; 2009 c.421 1; 2013 c.717 11; 2014 c.117 11; renumbered 441.416 in 2015]
[Amended by 1955 c.464 6; 1971 c.730 21; 1977 c.751 31; renumbered 442.350]
[1985 c.153 11; 2013 c.717 12; renumbered 441.417 in 2015]
[1995 c.789 1; 2013 c.717 13; renumbered 441.418 in 2015]
As used in ORS 441.152 to 441.177, "hospital" includes a hospital as described in ORS 442.015 and an acute inpatient care facility as defined in ORS 442.470. [Formerly 441.160] Note: 441.151 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.
(1)(a) The Nurse Staffing Advisory Board is established within the Oregon Health Authority, consisting of 12 members appointed by the Governor. (b) Of the 12 members of the board: (A) Six must be hospital nurse managers; (B) Five must be direct care registered nurses who work in hospitals; and (C) One must be either a direct care registered nurse who works in a hospital or a direct care staff member who is not a registered nurse and whose services are covered by a written hospital-wide staffing plan that meets the requirements of ORS 441.155. (c) To the extent practicable, board members shall be appointed to ensure that the board is represented by members from hospitals where direct care staff are represented under a collective bargaining agreement and hospitals where direct care staff are not represented by a collective bargaining agreement and by hospitals of different sizes, types and geographic location. (d) The term of office of each board member is three years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins January 1 next following. A member is eligible for reappointment, but may not serve more than two consecutive terms. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. (2) The board shall: (a) Provide advice to the authority on the administration of ORS 441.152 to 441.177; (b) Identify trends, opportunities and concerns related to nurse staffing; (c) Make recommendations to the authority on the basis of those trends, opportunities and concerns; and (d) Review the authoritys enforcement powers and processes under ORS 441.157, 441.171 and 441.177. (3)(a) Upon request, the authority shall provide the board with written hospital-wide staffing plans implemented under ORS 441.155, reviews conducted under ORS 441.156, information obtained during an audit under ORS 441.157 and complaints filed and investigations conducted as described in ORS 441.171. (b) The authority may not provide the board with any information under paragraph (a) of this subsection that is identifiable with a specific hospital unless the information is publicly available. (c) Hospital-wide staffing plans provided to the board under this section are confidential and not subject to public disclosure. (4) A majority of the members of the board constitutes a quorum for the transaction of business. (5) The board shall have two cochairs selected by the Governor. One cochair shall be a hospital nurse manager and one cochair shall be a direct care registered nurse. (6) Official action by the board requires the approval of a majority of the members of the board. (7) The board shall meet: (a) At least once every three months; and (b) At any time and place specified by the call of both cochairs. (8) The board may adopt rules necessary to for the operation of the board. (9) The board shall submit a report on the administration of ORS 441.152 to 441.177 in the manner provided in ORS 192.245 to an interim committee of the Legislative Assembly related to health no later than September 15 of each year. The board may include in its report recommendations for legislation. (10) Members of the board are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses shall be paid out of funds appropriated to the authority for purposes of the board. [2015 c.669 2] Note: 441.152 to 441.177 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
[1985 c.153 14(3); 2001 c.716 29; 2013 c.717 14; 2014 c.117 12; renumbered 441.419 in 2015]
(1)(a) For each hospital there shall be established a hospital nurse staffing committee. Each committee shall: (A) Consist of an equal number of hospital nurse managers and direct care staff; (B) For that portion of the committee composed of direct care staff, consist entirely of direct care registered nurses, except for one position to be filled by a direct care staff member who is not a registered nurse and whose services are covered by a written hospital-wide staffing plan that meets the requirements of ORS 441.155; and (C) Include at least one direct care registered nurse from each hospital nurse specialty or unit. (b) If the direct care registered nurses who work at a hospital are represented under a collective bargaining agreement, the bargaining unit shall conduct a selection process by which the direct care registered nurses who work at the hospital select the members of the committee who are direct care registered nurses. (c) If the direct care staff member who is not a registered nurse who works at a hospital is represented under a collective bargaining agreement, the bargaining unit shall use the selection process conducted pursuant to paragraph (b) of this subsection to select that member of the committee. (d) If the direct care registered nurses who work at a hospital are not represented under a collective bargaining agreement, the direct care registered nurses belonging to a hospital nurse specialty or unit shall select each member of the committee who is a direct care registered nurse from that specialty or unit. (2) A hospital nurse staffing committee shall develop a written hospital-wide staffing plan in accordance with ORS 441.155. The committees primary goals in developing the staffing plan shall be to ensure that the hospital is staffed to meet the health care needs of patients. The committee shall review and modify the staffing plan in accordance with ORS 441.156. (3) A majority of the members of a hospital nurse staffing committee constitutes a quorum for the transaction of business. (4) A hospital nurse staffing committee shall have two cochairs. One cochair shall be a hospital nurse manager elected by the members of the committee who are hospital nurse managers and one cochair shall be a direct care registered nurse elected by the members of the committee who are direct care staff. (5)(a) A decision made by a hospital nurse staffing committee must be made by a vote of a majority of the members of the committee. If a quorum of members comprises an unequal number of hospital nurse managers and direct care staff, only an equal number of hospital nurse managers and direct care staff may vote. (b) If the committee is unable to reach an agreement on the staffing plan, either cochair of the committee may invoke a 30-day period during which the committee shall continue to develop the staffing plan. During the 30-day period, the hospital shall respond in a timely manner to reasonable requests from members of the committee for data that will enable the committee to reach a resolution. If at the end of the 30-day period, the committee remains unable to reach an agreement on the staffing plan, one of the cochairs shall notify the Oregon Health Authority of the impasse. (c) Upon receiving notification under paragraph (b) of this subsection, the authority shall provide the committee with a mediator to assist the committee in reaching an agreement on the staffing plan. Mediation conducted under this paragraph must be consistent with the requirements for implementing and reviewing staffing plans under ORS 441.155 and 441.156. (d) If the committee is unable to reach an agreement on the staffing plan after 90 days of mediation, the authority may impose a penalty against the hospital as described in ORS 441.175. (6) A hospital nurse staffing committee shall meet: (a) At least once every three months; and (b) At any time and place specified by either cochair. (7)(a) Subject to paragraph (b) of this subsection, a hospital nurse staffing committee meeting must be open to: (A) The hospital nursing staff as observers; and (B) Upon invitation by either cochair, other observers or presenters. (b) At any time, either cochair may exclude persons described in paragraph (a) of this subsection from a committee meeting for purposes related to deliberation and voting. (8) Minutes of hospital nurse staffing committee meetings must: (a) Include motions made and outcomes of votes taken; (b) Summarize discussions; and (c) Be made available in a timely manner to hospital nursing staff and other hospital staff upon request. (9) A hospital shall release a member of a hospital nurse staffing committee described in subsection (1)(a) of this section from the members assignment, and provide the member with paid time, to attend committee meetings. [2015 c.669 1] Note: See note under 441.152.
(1) Each hospital shall implement the written hospital-wide staffing plan for nursing services that has been developed and approved by the hospital nurse staffing committee under ORS 441.154. (2) The staffing plan: (a) Must be based on the specialized qualifications and competencies of the nursing staff and provide for the skill mix and level of competency necessary to ensure that the hospital is staffed to meet the health care needs of patients; (b) Must be based on a measurement of hospital unit activity that quantifies the rate of admissions, discharges and transfers for each hospital unit and the time required for a direct care registered nurse belonging to a hospital unit to complete admissions, discharges and transfers for that hospital unit; (c) Must be based on total diagnoses for each hospital unit and the nursing staff required to manage that set of diagnoses; (d) Must be consistent with nationally recognized evidence-based standards and guidelines established by professional nursing specialty organizations; (e) Must recognize differences in patient acuity; (f) Must establish minimum numbers of nursing staff, including licensed practical nurses and certified nursing assistants, required on specified shifts, provided that at least one registered nurse and one other nursing staff member is on duty in a unit when a patient is present; (g) Must include a formal process for evaluating and initiating limitations on admission or diversion of patients to another hospital when, in the judgment of a direct care registered nurse or a nurse manager, there is an inability to meet patient care needs or a risk of harm to patients; (h) Must consider tasks not related to providing direct care, including meal breaks and rest breaks; and (i) May not base nursing staff requirements solely on external benchmarking data. (3) A hospital must maintain and post a list of on-call nursing staff or staffing agencies to provide replacement nursing staff in the event of a vacancy. The list of on-call nursing staff or staffing agencies must be sufficient to provide for replacement nursing staff. (4)(a) An employer may not impose upon unionized nursing staff any changes in wages, hours or other terms and conditions of employment pursuant to a staffing plan unless the employer first provides notice to and, upon request, bargains with the union as the exclusive collective bargaining representative of the nursing staff in the bargaining unit. (b) A staffing plan does not create, preempt or modify a collective bargaining agreement or require a union or employer to bargain over the staffing plan while a collective bargaining agreement is in effect. [Formerly 441.162] Note: See note under 441.152.
(1) A hospital nurse staffing committee established pursuant to ORS 441.154 shall review the written hospital-wide staffing plan developed by the committee under ORS 441.155: (a) At least once every year; and (b) At any other date and time specified by either cochair of the committee. (2) In reviewing a staffing plan, a hospital nurse staffing committee shall consider: (a) Patient outcomes; (b) Complaints regarding staffing, including complaints about a delay in direct care nursing or an absence of direct care nursing; (c) The number of hours of nursing care provided through a hospital unit compared with the number of patients served by the hospital unit during a 24-hour period; (d) The aggregate hours of mandatory overtime worked by the nursing staff; (e) The aggregate hours of voluntary overtime worked by the nursing staff; (f) The percentage of shifts for each hospital unit for which staffing differed from what is required by the staffing plan; and (g) Any other matter determined by the committee to be necessary to ensure that the hospital is staffed to meet the health care needs of patients. (3) Upon reviewing a staffing plan, a hospital nurse staffing committee shall: (a) Report whether the staffing plan ensures that the hospital is staffed to meet the health care needs of patients; and (b) Modify the staffing plan as necessary to ensure that the hospital is staffed to meet the health care needs of patients. [2015 c.669 5] Note: See note under 441.152.
(1) For the sole purpose of verifying compliance with the requirements of ORS 441.152 to 441.177 and 441.192, the Oregon Health Authority shall audit each hospital in this state once every three years, at the time of conducting an in-person site inspection of the hospital under ORS 441.025. (2) When conducting an audit pursuant to this section, the authority shall: (a) If the authority provides notice of the audit to the hospital, provide notice of the audit to the cochairs of the hospital nurse staffing committee established pursuant to ORS 441.154; (b) Interview both cochairs of the hospital nurse staffing committee; (c) Review any other hospital record and conduct any other interview or site visit that is necessary to verify that the hospital is in compliance with the requirements of ORS 441.152 to 441.177 and 441.192; and (d) Within 60 days after issuing an order requiring a hospital to implement a plan to correct a violation of ORS 441.152 to 441.177 or 441.192, conduct an investigation of the hospital to ensure compliance with the order. (3) Following an investigation conducted pursuant to subsection (2) of this section, the authority shall provide in writing a report of the authoritys findings to the hospital and the cochairs of the hospital nurse staffing committee. (4) The authority shall compile and maintain for public inspection an annual report of audits and investigations conducted pursuant to this section. (5) The costs of audits required by this section may be paid out of funds from licensing fees paid by hospitals under ORS 441.020. [2015 c.669 9; 2021 c.338 4] Note: See note under 441.152.
[2001 c.609 1; renumbered 441.151 in 2015]
[2001 c.609 2; 2005 c.665 2; 2015 c.669 4; renumbered 441.155 in 2015]
Upon request of a hospital, the Oregon Health Authority may grant a variance to the written hospital-wide staffing plan requirements described in ORS 441.155 if the variance is necessary to ensure that the hospital is staffed to meet the health care needs of patients. [2001 c.609 3; 2009 c.595 733; 2015 c.669 12] Note: See note under 441.152.
(1) For purposes of this section, "epidemic" means the occurrence of a group of similar conditions of public health importance in a community or region that are in excess of normal expectancy and that are from a common or propagated source. (2) Notwithstanding ORS 441.155 and 441.156, a hospital is not required to follow a written hospital-wide staffing plan developed and approved by the hospital nurse staffing committee under ORS 441.154 upon the occurrence of: (a) A national emergency or state emergency declared under ORS 401.165 to 401.236 or 433.441 to 433.452 requiring the implementation of a facility disaster plan and crisis standards of care; (b) Sudden unforeseen adverse weather conditions; or (c) An infectious disease epidemic suffered by hospital staff. (3)(a) No later than 30 days after a hospital deviates from a written hospital-wide staffing plan under subsection (2)(a) of this section, the hospital incident command shall report to the cochairs of the hospital nurse staffing committee established under ORS 441.154 an assessment of the nurse staffing needs arising from the national or state emergency declaration. (b) Upon receipt of the report described in paragraph (a) of this subsection, the hospital nurse staffing committee shall convene to develop a contingency nurse staffing plan to address the needs arising from the national or state emergency declaration. The contingency nurse staffing plan must include crisis standards of care. (c) The hospitals deviation from the written hospital-wide staffing plan may not be in effect for more than 90 days without the approval of the hospital nurse staffing committee. (4) Upon the occurrence of a national or state emergency declaration or circumstances not described in subsection (2) of this section, either cochair of the hospital nurse staffing committee may require the hospital nurse staffing committee to meet to review and potentially modify the staffing plan in response to the emergency declaration or circumstances. [2015 c.669 5a; 2021 c.248 1] Note: See note under 441.152.
(1) For purposes of this section, "nursing staff" includes registered nurses, licensed practical nurses, certified nursing assistants and other hospital nursing staff members as defined by the Oregon Health Authority by rule. (2) When a hospital learns about the need for replacement staff, the hospital shall make every reasonable effort to obtain nursing staff for unfilled hours or shifts before requiring a nursing staff member to work overtime. (3)(a) Except as provided in subsection (4) of this section, a hospital may not require a nursing staff member to work: (A) Beyond the agreed-upon and prearranged shift, regardless of the length of the shift; (B) More than 48 hours in any hospital-defined work week; (C) More than 12 hours in a 24-hour period; or (D) During the 10-hour period immediately following the 12th hour worked during a 24-hour period. (b) For purposes of paragraph (a)(D) of this subsection, a nursing staff member begins to work when the nursing staff member begins a shift. (4) A hospital may require an additional hour of work beyond the work authorized under subsection (3) of this section if: (a) A staff vacancy for the next shift becomes known at the end of the current shift; or (b) There is a potential harm to an assigned patient if the nursing staff member leaves the assignment or transfers care to another nursing staff member. (5) If a nursing staff member agrees to work overtime, the nursing staff member is accountable for the nursing staff members competency in practice and is responsible for notifying the nursing staff members supervisor when the nursing staff members ability to safely provide care is compromised. (6)(a) Time spent in required meetings or receiving education or training shall be included as hours worked for purposes of subsection (3) of this section. (b) Time spent on call or on standby when the nursing staff member is required to be at the premises of the employer shall be included as hours worked for purposes of subsection (3) of this section. (c) Time spent on call but away from the premises of the employer may not be included as hours worked for purposes of subsection (3) of this section. (7) If a nursing staff member believes that a hospital unit is engaging in a pattern of requiring direct care nursing staff to work overtime for nonemergency care, the nursing staff member may report that information to the hospital nurse staffing committee established for the hospital pursuant to ORS 441.154. The hospital nurse staffing committee shall consider the information when reviewing the written hospital-wide staffing plan as required by ORS 441.156. (8) The provisions of this section do not apply to nursing staff needs: (a) In the event of a national or state emergency or circumstances requiring the implementation of a facility disaster plan; or (b) In emergency circumstances identified by the authority by rule. [2001 c.609 4; 2005 c.665 1; 2009 c.595 734; 2015 c.669 6] Note: See note under 441.152.
A registered nurse at a hospital may not place a patient at risk of harm by leaving a patient care assignment during an agreed upon shift or an agreed upon extended shift without authorization from the appropriate supervisory personnel. [2001 c.609 5] Note: See note under 441.152.
On each hospital unit, a hospital shall post a notice summarizing the provisions of ORS 441.152 to 441.177 in a place that is clearly visible to the public that includes a phone number for purposes of reporting a violation of the laws. [2015 c.669 7] Note: See note under 441.152.
[2001 c.609 6; 2009 c.595 735; 2015 c.669 13; renumbered 441.175 in 2015]
(1) For purposes of ensuring compliance with ORS 441.152 to 441.177, the Oregon Health Authority shall: (a) Within 60 days after receiving a complaint against a hospital for violating a provision of ORS 441.152 to 441.177, conduct an on-site investigation of the hospital; and (b) Within 60 days after issuing an order requiring a hospital to implement a plan to correct a violation of ORS 441.152 to 441.177, conduct an investigation of the hospital to ensure compliance with the plan. (2) When conducting an investigation of a hospital to ensure compliance with ORS 441.152 to 441.177, the authority shall, if the authority provides notice of the investigation to the hospital, provide notice of the investigation to the cochairs of the hospital nurse staffing committee established pursuant to ORS 441.154. (3) Following an investigation conducted pursuant to this section, the authority shall provide in writing a report of the authoritys findings to the hospital and the cochairs of the hospital nurse staffing committee. (4) When conducting an investigation of a hospital to ensure compliance with ORS 441.152 to 441.177, the authority may: (a) Take evidence; (b) Take the depositions of witnesses in the manner provided by law in civil cases; (c) Compel the appearance of witnesses in the manner provided by law in civil cases; (d) Require answers to interrogatories; and (e) Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation. [2015 c.669 10] Note: See note under 441.152.
[2001 c.609 9; renumbered 441.179 in 2015]
A hospital shall keep and maintain records necessary to demonstrate compliance with ORS 441.152 to 441.177. For purposes of this section, the Oregon Health Authority shall adopt rules specifying the content of the records and the form and manner of keeping, maintaining and disposing of the records. A hospital must provide records kept and maintained under this section to the authority upon request. [2015 c.669 8] Note: See note under 441.152.
[2001 c.609 10; renumbered 441.181 in 2015]
(1) The Oregon Health Authority may impose civil penalties in the manner provided in ORS 183.745 or suspend or revoke a license of a hospital for a violation of any provision of ORS 441.152 to 441.177. The authority shall adopt by rule a schedule establishing the amount of civil penalty that may be imposed for a violation of ORS 441.152 to 441.177 when there is a reasonable belief that safe patient care has been or may be negatively impacted, except that a civil penalty may not exceed $5,000. Each violation of a written hospital-wide staffing plan shall be considered a separate violation. Any license that is suspended or revoked under this subsection shall be suspended or revoked as provided in ORS 441.030. (2) The authority shall maintain for public inspection records of any civil penalties or license suspensions or revocations imposed on hospitals penalized under subsection (1) of this section. [Formerly 441.170] Note: See note under 441.152.
[2001 c.609 11; renumbered 441.183 in 2015]
The Oregon Health Authority shall post on a website maintained by the authority: (1) Reports of audits described in ORS 441.157; (2) Any report made pursuant to an investigation of whether a hospital is in compliance with ORS 441.152 to 441.177; (3) Any order requiring a hospital to implement a plan to correct a violation of ORS 441.152 to 441.177; (4) Any order imposing a civil penalty against a hospital or suspending or revoking the license of a hospital pursuant to ORS 441.175; and (5) Any other matter recommended by the Nurse Staffing Advisory Board established under ORS 441.152. [2015 c.669 11] Note: See note under 441.152.
[2001 c.609 12; 2001 c.609 12a; renumbered 441.184 in 2015]
As used in ORS 441.179 to 441.186: (1) "Affiliated hospital" means a hospital that has a business relationship with another hospital. (2) "Hospital" means: (a) An acute inpatient care facility, as defined in ORS 442.470; or (b) A hospital as described in ORS 442.015. (3) "Manager" means a person who: (a) Has authority to direct and control the work performance of nursing staff; (b) Has authority to take corrective action regarding a violation of law or a rule or a violation of professional standards of practice, about which a nursing staff has complained; or (c) Has been designated by a hospital to receive the notice described in ORS 441.181 (2). (4) "Nursing staff" means a registered nurse, a licensed practical nurse, a nursing assistant or any other assistive nursing personnel. (5) "Public body" has the meaning given that term in ORS 30.260. (6) "Retaliatory action" means the discharge, suspension, demotion, harassment, denial of employment or promotion, or layoff of a nursing staff, or other adverse action taken against a nursing staff in the terms or conditions of employment of the nursing staff, as a result of filing a complaint. [Formerly 441.172] Note: 441.179 to 441.192 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
[2001 c.609 13; 2009 c.595 736; 2015 c.669 15; renumbered 441.185 in 2015]
(1) A hospital may not take retaliatory action against a nursing staff because the nursing staff: (a) Discloses or intends to disclose to a manager, a private accreditation organization or a public body an activity, policy or practice of the hospital or of a hospital that the nursing staff reasonably believes is in violation of law or a rule or is a violation of professional standards of practice that the nursing staff reasonably believes poses a risk to the health, safety or welfare of a patient or the public; (b) Provides information to or testifies before a private accreditation organization or a public body conducting an investigation, hearing or inquiry into an alleged violation of law or rule or into an activity, policy or practice that may be in violation of professional standards of practice by a hospital that the nursing staff reasonably believes poses a risk to the health, safety or welfare of a patient or the public; (c) Objects to or refuses to participate in any activity, policy or practice of a hospital that the nursing staff reasonably believes is in violation of law or rule or is a violation of professional standards of practice that the nursing staff reasonably believes poses a risk to the health, safety or welfare of a patient or the public; or (d) Participates in a committee or peer review process or files a report or a complaint that discusses allegations of unsafe, dangerous or potentially dangerous care. (2) Except as provided in subsection (3) of this section, the protection against retaliatory action in subsection (1) of this section does not apply to a nursing staff, unless the nursing staff, before making a disclosure to a private accreditation organization or a public body as described in subsection (1)(a) of this section: (a) Gives written notice to a manager of the hospital of the activity, policy, practice or violation of professional standards of practice that the nursing staff reasonably believes poses a risk to public health; and (b) Provides the manager a reasonable opportunity to correct the activity, policy, practice or violation. (3) A nursing staff is not required to comply with the provisions of subsection (2) of this section if the nursing staff: (a) Is reasonably certain that the activity, policy, practice or violation is known to one or more managers of the hospital or an affiliated hospital and an emergency situation exists; (b) Reasonably fears physical harm as a result of the disclosure; or (c) Makes the disclosure to a private accreditation organization or a public body for the purpose of providing evidence of an activity, policy, practice or violation of a hospital or an affiliated hospital that the nursing staff reasonably believes is a crime. [Formerly 441.174] Note: See note under 441.179.
[2001 c.609 14; renumbered 441.186 in 2015]
(1) A nursing staff aggrieved by an act prohibited by ORS 441.181 may bring an action in circuit court of the county in which the hospital is located. All remedies available in a common law tort action are available to a nursing staff if the nursing staff prevails in an action brought under this subsection and are in addition to any remedies provided in subsection (2) of this section. (2) In an action brought under subsection (1) of this section, a circuit court may do any of the following: (a) Issue a temporary restraining order or a preliminary or permanent injunction to restrain a continued violation of ORS 441.181. (b) Reinstate the nursing staff to the same or equivalent position that the nursing staff held before the retaliatory action. (c) Reinstate full benefits and seniority rights to the nursing staff as if the nursing staff had continued in employment. (d) Compensate the nursing staff for lost wages, benefits and other remuneration, including interest, as if the nursing staff had continued in employment. (e) Order the hospital to pay reasonable litigation costs of the nursing staff, including reasonable expert witness fees and reasonable attorney fees. (f) Award punitive damages as provided in ORS 31.730. (3) Except as provided in subsection (4) of this section, in any action brought by a nursing staff under subsection (1) of this section, if the court finds that the nursing staff had no objectively reasonable basis for asserting the claim, the court may award costs, expert witness fees and reasonable attorney fees to the hospital. (4) A nursing staff may not be assessed costs or fees under subsection (3) of this section if, upon exercising reasonable and diligent efforts after filing the action, the nursing staff moves to dismiss the action against the hospital after determining that no issue of law or fact exists that supports the action against the hospital. [Formerly 441.176] Note: See note under 441.179.
(1) A hospital that takes any retaliatory action described in ORS 441.181 against a nursing staff commits an unlawful employment practice. (2) A nursing staff claiming to be aggrieved by an alleged violation of ORS 441.181 may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. Except for the provisions of ORS 659A.870, 659A.875, 659A.880 and 659A.885, violation of ORS 441.181 is subject to enforcement under ORS chapter 659A. (3) Except as provided in subsection (4) of this section, a civil action under ORS 441.183 must be commenced within one year after the occurrence of the unlawful employment practice unless a complaint has been timely filed under ORS 659A.820. (4) The nursing staff who has filed a complaint under ORS 659A.820 must commence a civil action under ORS 441.183 within 90 days after a 90-day notice is mailed to the nursing staff under this section. (5) The commissioner shall issue a 90-day notice to the nursing staff: (a) If the commissioner dismisses the complaint within one year after the filing of the complaint and the dismissal is for any reason other than the fact that a civil action has been filed. (b) On or before the one-year anniversary of the filing of the complaint unless a 90-day notice has previously been issued under paragraph (a) of this subsection or the matter has been resolved by the execution of a settlement agreement. (6) A 90-day notice under this section must be in writing and must notify the nursing staff that a civil action against the hospital under ORS 441.183 may be filed within 90 days after the date of mailing of the 90-day notice and that any right to bring a civil action against the hospital under ORS 441.183 will be lost if the action is not commenced within 90 days after the date of mailing of the 90-day notice. (7) The remedies under this section and ORS 441.183 are supplemental and not mutually exclusive. [Formerly 441.178] Note: See note under 441.179.
(1) A hospital shall post a notice summarizing the provisions of ORS 441.181, 441.183, 441.184 and 441.192 in a conspicuous place on the premises of the hospital. The notice must be posted where notices to employees and applicants for employment are customarily displayed. (2) Any hospital that willfully violates this section is subject to a civil penalty not to exceed $500. Civil penalties under this section shall be imposed by the Oregon Health Authority in the manner provided by ORS 183.745. [Formerly 441.180] Note: See note under 441.179.
(1) Except as provided in subsection (2) of this section, nothing in ORS 441.183 and 441.184 shall be deemed to diminish any rights, privileges or remedies of a nursing staff under federal or state law or regulation or under any collective bargaining agreement or employment contract. (2) ORS 441.183 and 441.184 provide the only remedies under state law for a nursing staff for an alleged violation of ORS 441.181 committed by a hospital. [Formerly 441.182] Note: See note under 441.179.
(1) A hospital, as defined in ORS 441.179, may require a registered nurse who is receiving full employment benefits from the hospital to provide notice of any outside employment that may reasonably impede the ability of the nurse to fulfill the nurses obligation to the hospital in providing nursing services to patients under the hospitals care. (2) If a hospital determines that the outside employment causes a risk to patients receiving services in the hospital, the hospital may require the nurse to discontinue the outside employment. (3) A hospital may not unreasonably restrict the outside employment of nurses and may restrict outside employment only if the hospital provides in writing to the nurse an explanation of the hospitals documentation that the outside employment creates a risk to patients in the hospital. A nurse who does not discontinue outside employment if required by the hospital may be disciplined or terminated from employment by the hospital. (4) A nurse who does not provide notice as required by a hospital pursuant to this section may be disciplined or terminated from employment by the hospital if the failure to provide notice creates a risk to a patient in the hospital. [2001 c.609 18] Note: See note under 441.179.
[1957 s.s. c.13 1; renumbered 440.305]
[2015 c.466 2; renumbered 441.054 in 2019]
[2015 c.263 2; renumbered 441.051 in 2019]
[1957 s.s. c.13 2; renumbered 440.310]
[Amended by 1969 c.343 1; renumbered 440.315]
[Amended by 1969 c.343 2; 1971 c.727 114; renumbered 440.320]
(1) The Advisory Committee on Physician Credentialing Information is established within the Oregon Health Authority. The committee consists of nine members appointed by the Director of the Oregon Health Authority or the directors designee as follows: (a) Three members who are health care practitioners licensed by the Oregon Medical Board or representatives of health care practitioners organizations doing business within the State of Oregon; (b) Three representatives of hospitals licensed by the Oregon Health Authority; and (c) Three representatives of health care service contractors that have been issued a certificate of authority to transact health insurance in this state by the Department of Consumer and Business Services. (2) All members appointed pursuant to subsection (1) of this section must be knowledgeable about national standards relating to the credentialing of health care practitioners. (3) The term of appointment for each member of the committee is three years. If, during a members term of appointment, the member no longer qualifies to serve as designated by the criteria of subsection (1) of this section, the member must resign. If there is a vacancy for any cause, the director or the directors designee shall make an appointment to become immediately effective for the unexpired term. (4) Members of the committee are not entitled to compensation or reimbursement of expenses. [Formerly 442.800; 2015 c.318 25; 2017 c.101 33; 2017 c.384 6] Note: 441.221 to 441.223 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) The Advisory Committee on Physician Credentialing Information shall develop and submit recommendations to the Director of the Oregon Health Authority for the collection of uniform information necessary for credentialing organizations to credential health care practitioners seeking designation as a participating provider or member of a credentialing organization. The recommendations must specify: (a) The content and format of a credentialing application form; and (b) The content and format of a recredentialing application form. (2) The committee shall meet at least once every calendar year to review the uniform credentialing information and to assure the director that the information complies with credentialing standards developed by national accreditation organizations and applicable regulations of the federal government. (3) The Oregon Health Authority shall provide the support staff necessary for the committee to accomplish its duties. [Formerly 442.805; 2015 c.318 26] Note: See note under 441.221.
(1) Upon receiving the recommendations of the Advisory Committee on Physician Credentialing Information, the Oregon Health Authority shall: (a) Adopt administrative rules in a timely manner, as required by the Administrative Procedures Act, for the purpose of effectuating the provisions of ORS 441.221 to 441.223; and (b) Ensure that the rules adopted by the Oregon Health Authority are identical and are consistent with the recommendations developed pursuant to ORS 441.222 for affected credentialing organizations. (2) The uniform credentialing information required pursuant to the administrative rules of the Oregon Health Authority represents the minimum uniform credentialing information required by the affected credentialing organizations. Except as provided in subsection (3) of this section, a credentialing organization may request additional credentialing information from a health care practitioner for the purpose of completing credentialing procedures used by the credentialing organization to credential health care practitioners. (3) In credentialing a telemedicine provider, a hospital is subject to the requirements prescribed by rule by the authority under ORS 441.056. [Formerly 442.807; 2021 c.50 14] Note: See note under 441.221.
As used in ORS 441.277 to 441.323: (1) "Facility" means a long term care facility as defined in ORS 442.015 or a residential care facility as defined in ORS 443.400. "Facility" does not include facilities licensed, certified or otherwise authorized under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 by the Department of Human Services. (2) "Licensee" means any person licensed by the department to operate a facility other than a trustee appointed under ORS 441.281 or a temporary manager appointed under ORS 441.333. (3) "Monitor" means an agent of the Director of Human Services designated by the director to observe the operation of a facility. [1981 c.868 1; 1987 c.428 17; 1987 c.548 5; 2001 c.900 173; 2003 c.14 254; 2009 c.539 20; 2016 c.106 49]
[Amended by 1969 c.343 11; 1971 c.727 117; renumbered 440.325]
(1) The Director of Human Services may petition the circuit court for Marion County or for the county in which a facility is located for an order appointing a trustee to administer the facility for a period not to exceed 18 months. (2) The court shall hold a hearing on a petition filed under this section within 10 days of the filing of the petition. The petition shall be placed at the head of the docket. (3) The petition and notice of the hearing shall be served on the licensee for the facility. Service at the facility to the individual in charge shall be considered service on the licensee. (4) If the court determines at the hearing that grounds exist under ORS 441.286 for the appointment of a trustee under this section, the court shall enter the order. (5) If there exists a serious and immediate risk of harm or death to patients of a facility, the director may file with the petition described in subsection (1) of this section an ex parte motion for the preliminary appointment of a trustee. The motion shall be supported by affidavits demonstrating the qualifications of the proposed trustee and the need for an immediate appointment of a trustee to protect the patients prior to a hearing. If the court grants the motion for the preliminary appointment of a trustee, the court shall set a hearing on the merits of the petition within five judicial days. Pending the courts order on the petition described in subsection (1) of this section, a preliminary trustee appointed pursuant to this subsection shall have all of the powers and duties described in ORS 441.289. [1981 c.868 2; 1985 c.648 1; 1987 c.428 18; 2009 c.539 1]
There are grounds for the appointment of a trustee under ORS 441.281 if a court finds that the health and welfare of patients in a facility are or in the immediate future will be in jeopardy and the finding is based on one or more of the following: (1) Prior inspections or investigations of complaints by the Department of Human Services revealed that the facility was not in compliance with rules of the department and the departments attempts to bring the facility into compliance are unsuccessful. (2) The health and welfare of patients at the facility are in jeopardy due to continued noncompliance of the facility over a seven-day period after an inspection or investigation of a complaint, demonstrated by one or more of the following: (a) Physicians orders are not being followed correctly. (b) Direct patient care is lacking or inadequate to the point that a patient has suffered or is suffering physical harm. (c) The levels of staffing are deficient to the point of causing physical or mental harm to a patient. (d) The department has determined that a physical injury to a patient of a facility has been caused by other than accidental means and the licensee has not taken necessary action. (3) The licensee is unwilling or unable to upgrade the quality of patient care to the level necessary to protect the health and welfare of the patients. (4) The facility is insolvent. (5) The department has revoked or suspended the license of the facility. (6) The licensee intends to cease operations and to close the facility and has not made adequate arrangements for relocation of the patients. (7) The monitors are refused access to the facility. (8) The licensee agreed to the appointment of a temporary manager under ORS 441.333, but subsequently revoked consent for a temporary manager or is interfering with the ability of the temporary manager to operate the facility. [1981 c.868 3; 1985 c.648 2; 1987 c.428 19; 2009 c.539 2]
A trustee appointed under ORS 441.281: (1) May exercise any powers and shall perform any duties required by the court. (2) Shall operate the facility in such a manner as to protect the health and welfare of the patients. (3) Shall have the same rights to possession of the building in which the facility is located and of all goods and fixtures in the building at the time the petition for the appointment of the trustee is filed as the licensee would have had if the trustee had not been appointed. (4) Shall take such action as is reasonably necessary to protect and conserve the assets and property the trustee takes in possession, or the proceeds of any transfer thereof, and may use them only in the performance of the powers and duties set forth in this section and by order of the court. (5) May receive and spend the facilitys income and encumber its assets to the extent specifically authorized by the court and do all acts necessary or appropriate to promote the health and safety of the patients. (6) Shall have the power to maintain an action to reach the assets of the parent corporation if it appears to the court that the parent corporation is the actual controlling owner of the facility and that the named owner is not in control of the facility. (7) May use the building, fixtures, furnishings and any accompanying consumable goods in the provision of care and services to patients at the time the petition for the appointment of the trustee was filed. (8) Shall collect payments for all goods and services provided to patients during the period of the trust, at the same rate of payment charged by the facility at the time the petition for the appointment of the trustee was filed, unless a different rate is set by the court. (9) May correct or eliminate any deficiency in the structure or furnishings of the facility which endangers the health or welfare of the patients while they remain in the facility. However, the total cost of correction may not exceed $3,000 unless the court orders expenditures for this purpose in excess of $3,000 upon application by the trustee. (10) May make contracts and hire agents and employees to assist the trustee in carrying out the powers and duties described in this section, subject to approval by the court. (11) Except as provided in ORS 441.296, shall honor all leases, mortgages and secured transactions governing the building in which this facility is located and all goods and fixtures in the building of which the trustee has taken possession, but only to the extent of payments which, in the case of a rental agreement, are for the use of the property during the period of the trust, or which, in the case of a purchase agreement, come due during the period of the trust. (12) May direct, manage and discharge employees of the facility, subject to any contract rights they may have. (13) Shall pay employees at the same rate of compensation, including benefits, that the employees would have received from the owner, operator or other controlling person, except the trustee shall compensate employees only for time actually worked during the period of the trust and shall not be responsible for reimbursement for vacations or periods of sick leave. However, in no case shall a trustee compensate any employee of a facility in an amount which is less than the minimum amount required by law. (14) Shall be entitled to take possession of all property or assets belonging to patients that are in the possession of the long term care facility. (15) Shall preserve and protect all property, assets and records of patients of which the trustee takes possession. (16) May prohibit any person, including a licensee, from entering or remaining on the premises if in the opinion of the trustee the person is interfering or has materially interfered with the ability of the trustee to exercise the powers and duties under this section. (17) If the facility ceases to operate and closes during the period of the trust and any patient is transferred as a result, shall ensure that: (a) Transportation of the patient, the patients belongings and the medical record to the new location is provided. (b) Aid for locating alternative placements is available to the patient or the patients legal representative. (c) Each patient is physically and mentally prepared for transfer to avoid possible trauma due to the transfer. (d) Each patient or the patients legal representative is permitted to participate in the selection of the new placement. (18) Is an agent of the state for purposes of ORS 30.260 to 30.300 for which the Department of Human Services shall be assessed and the department may use the Facility Fund established under ORS 441.303 to pay the assessment. [1981 c.868 4; 1985 c.731 28; 1987 c.428 20; 1997 c.249 140; 2009 c.539 3]
[Renumbered 440.335]
(1) A person who is served with notice of an order of the court appointing a trustee, with the trustees name and address, shall be liable to pay the trustee for any goods or services provided by the trustee after the date of the order if the person would have been liable for the goods or services as supplied by the licensee. The trustee shall give a receipt for each payment and shall keep a copy of each receipt on file. The trustee shall deposit amounts received in a special account and may use this or any other similar account for disbursements. (2) The trustee may bring an action to enforce the liability created by subsection (1) of this section. Proof of payment to the trustee is as effective in favor of the person making the payment as payment of the amount to the person who would have been entitled to receive the sum so paid. (3) A patient shall not be discharged, nor shall any contract or rights be forfeited or impaired, nor shall forfeiture or liability be increased, by reason of an omission to pay a licensee a sum paid to the trustee. [1981 c.868 5; 2009 c.539 4]
[Amended by 1969 c.343 13,27; 1969 c.344 6; 1971 c.403 7; renumbered 440.340]
(1) A trustee is not required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into by the licensee if in the judgment of the court the terms thereof are unconscionable. (2) If the trustee is in possession of real estate or goods subject to a lease, mortgage or security interest which the trustee is permitted to avoid under subsection (1) of this section, and if the real estate or goods are necessary for the continued operation of the facility, the trustee may apply to the court to set a reasonable rental. The court shall hold a hearing on the application within 15 days. The trustee shall send notice of the application to any known owners of the property involved at least 10 days prior to the hearing. Payment by the trustee of the amount determined by the court to be reasonable is a defense to any action against the trustee for payment or for possession of the goods or real estate subject to the lease or mortgage involved by any person who received such notice. However, the payment does not relieve the licensee of any liability for the difference between the amount paid by the trustee and the amount due under the original lease or mortgage involved. [1981 c.868 6; 2009 c.539 5]
If funds collected under ORS 441.289 and 441.293 are insufficient to meet the expenses of performing the powers and duties conferred on the trustee by ORS 441.277 to 441.323 or on the temporary manager pursuant to ORS 441.333, or if there are insufficient funds on hand to meet those expenses, the Department of Human Services may draw from the Facility Fund established in ORS 441.303 to pay those expenses. Moneys drawn under this section that are not applied to the expenses of the trust shall be used to reimburse the fund for advances made under this section. [1981 c.868 7; 2009 c.539 6]
(1) The Facility Fund is established in the State Treasury, separate and distinct from the General Fund, consisting of payments made by facilities to the Department of Human Services as specified in this section. Interest earned by the Facility Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the department for the purpose of paying: (a) The reasonable expenses of a trustee appointed under ORS 441.281 if funds collected by a trustee under ORS 441.289 and 441.293 are insufficient to meet those expenses; or (b) The reasonable expenses of a temporary manager appointed under ORS 441.333 if funds collected by a temporary manager are insufficient to meet those expenses. (2) Each licensee shall pay annually to the department an amount not to exceed the annual license fee or application fee for the facility under ORS 441.020 or 443.415. The facility payment shall be due annually on a date fixed by the department and enforced in the same manner as the license fee for the particular facility is payable and enforceable. The amount of payments shall be set so as to acquire in the fund the $750,000 described in subsection (3) of this section. (3) Whenever the balance of moneys in the fund established under this section reaches $750,000, the department shall discontinue collecting the facility payment described in subsection (2) of this section. However, whenever the fund balance falls below $600,000, the department shall reinstitute the facility payment described in subsection (2) of this section until the fund is restored to at least $750,000. The departments notice of intent to reinstitute the facility payment shall include a summary of the amounts expended by the department from the fund and the balance of the fund on the date of the notice. The department may use reasonable amounts from the fund necessary to administer the fund. (4) Whenever the department is required to use any amount in the fund to meet the expenses of a trustee appointed under ORS 441.281 or a temporary manager appointed under ORS 441.333, the amount used shall constitute a loan to the facility and shall be repayable to the fund under such terms and conditions as the facility and the department agree. The rate of interest shall be set by the department to reflect the prevailing market rate on similar loans. Interest earned under this subsection shall be credited to the fund established under this section. (5) The facility payment described in subsection (2) of this section shall be considered an allowable cost in setting the reimbursement rates of a facility by the department. (6) The court may order that the trustee file an undertaking with the clerk of the court. The fund established under this section may serve as surety for the undertaking. [1981 c.868 7a; 1983 c.787 1; 1987 c.428 21; 1989 c.966 49; 2003 c.14 255; 2009 c.539 7; 2017 c.679 38]
[Amended by 1969 c.343 15; 1971 c.647 79; renumbered 440.350]
The court shall set the compensation of the trustee. That compensation and the compensation of the employees shall be considered a necessary expense of the trust. [1981 c.868 8]
(1) In any action or special proceeding brought against a trustee in the trustees official capacity for acts committed while carrying out the powers granted and duties imposed by ORS 441.277 to 441.323, the trustee shall be considered a public employee. (2) A trustee may be held liable in a personal capacity only for the trustees own gross negligence, intentional acts or breach of fiduciary duty. [1981 c.868 9]
Notwithstanding other provisions of law concerning licensing of long term care facilities, a license renewal may be issued to a facility placed in trust under ORS 441.281. The duration of a license issued under this section is limited to the duration of the trust. [1981 c.868 10; 2009 c.539 8]
[Amended by 1971 c.647 80; renumbered 440.355]
(1) The court may terminate a trust if the time period specified in the order appointing the trustee lapses or if the patients in the facility have been provided with care in another facility or upon petition of the licensee if the licensee intends to discontinue the operation of or close the facility during the period of trust. The court may use its discretion in terminating a trust upon petition of the licensee to determine whether discontinuance or closure will promote the health and safety of the patients. (2) At the expiration of the period for which the trustee was appointed, the court shall make a determination as to the future of the facility based upon evidence presented to the court. At that time the court may decide to: (a) Order the Department of Human Services to issue a new license to the person that was the licensee when the department filed the petition under ORS 441.281 and permit the facility to continue in operation; (b) Extend the period of appointment of the trustee by not more than 90 days; or (c) Order the department without further administrative hearing to revoke the license of the facility. (3) Nothing in ORS 441.277 to 441.323 is intended to limit or prohibit any licensee from ceasing the operation of and closing a facility during the period of the trust. However, the licensee intending to do so shall give written notice of the intended action to the trustee pursuant to rules of the department. The trustee may continue to operate the facility for a period of not more than 60 days after notice is received. The licensee shall be liable for any expenses incurred in the operation of the facility during this period. [1981 c.868 11; 1987 c.428 22; 2009 c.539 9]
(1) Within 60 days following the creation of the trust by the court, and every 60 days thereafter, and within 30 days after the termination of the trust, the trustee shall give the court and the Department of Human Services a complete accounting of all property of which the trustee has taken possession, all funds collected under ORS 441.289 and 441.293 and all expenses incurred by the trust. The trustee shall prepare and file a report with the court and the department making recommendations concerning the current condition of the facility and projections for future operation of the facility and the conditions of the health and welfare of the patients. (2)(a) If the funds collected by the trustee under ORS 441.289 and 441.293 exceed the reasonable expenses of the trust, the court shall order payment of the surplus to the licensee after reimbursement to the department of amounts contributed from the Facility Fund established under ORS 441.303. (b) If the funds are insufficient to cover the reasonable expenses of the trust, the department may move the court for an order requiring the licensee to pay the deficiency to the department. The motion shall contain the following statement in bold: ______________________________________________________________________________ Notice to _________ The Department of Human Services has filed this motion to recover from you costs incurred as a result of the operation of a facility under ORS 441.277 to 441.323. The court may enter a money judgment against you if you fail to respond to this motion within 20 days of service of this motion upon you. ______________________________________________________________________________ (c) The department shall serve the motion personally or by first class mail at the last-known address of the licensee. If the licensee fails to file a response to the motion within 20 days of service, the court shall enter an order and judgment accordingly. If the licensee files a timely response, the court shall set a date for a hearing at which the court shall determine whether the expenses incurred by the trust are reasonable. (d) The licensee is not liable for expenses in excess of what the court finds to be reasonable. The court shall enter a money judgment against the licensee in an amount that does not exceed the reasonable expenses. Payment recovered from the licensee shall be credited to reimburse the Facility Fund established under ORS 441.303. (3) The department shall have a lien for any deficiency established under subsection (2) of this section upon any real property and other beneficial interest, direct or indirect, of any licensee, any fixtures, equipment or goods used in the operation of the facility and the proceeds from a conveyance of any such property or interest made by the licensee within the 12 months prior to the filing of the petition for appointment of a trustee. (4) The lien provided in subsection (3) of this section is prior to any lien or other interest that originates subsequent to the filing of a petition for appointment of a trustee under ORS 441.281, except for a construction lien arising out of work performed with the express consent of the trustee. (5) The lien established under subsection (3) of this section may be recorded in the County Clerk Lien Record described in ORS 205.130. [1981 c.868 12; 1987 c.428 23; 2009 c.539 10]
[Amended by 1967 c.37 1; 1967 c.353 1; 1971 c.89 1; 1971 c.727 118; renumbered 440.360]
(1) Nothing in ORS 441.277 to 441.323 is intended: (a) To relieve any licensee of the facility placed in trust under ORS 441.281 or under temporary management pursuant to ORS 441.333 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. (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 trustees employees during the term of the trust or of the temporary manager or the temporary managers employees during the period of temporary management. [1981 c.868 13; 2009 c.539 11]
[Renumbered 440.365]
[Renumbered 440.370]
As used in ORS 441.331 to 441.341, "facility" has the meaning given that term in ORS 441.277. [2009 c.539 14] Note: 441.331 to 441.341 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) The Department of Human Services, with the consent of the licensee, may appoint for a period not to exceed six months a temporary manager to assume control of the day-to-day operation of the facility if the department determines that the health or safety of patients in a facility are, or in the immediate future will be, in jeopardy based upon: (a) The facilitys unwillingness or inability to comply with department rules in the operation of the facility; (b) The imminent insolvency of the facility; (c) The departments revocation or suspension of the license of the facility; or (d) The departments determination that the licensee intends to cease operations and to close the facility without adequate arrangements for the relocation of the patients. (2) A temporary manager has all of the duties and powers, as prescribed by the department by rule or as agreed upon between the department and the licensee, that are necessary to ensure the safety and well-being of the patients and the continued operation of the facility. (3) The department shall compensate a temporary manager as agreed upon by the department and the licensee. Compensation of a temporary manager and compensation of any employees or agents of the temporary manager reasonably necessary to assist the temporary manager in the operation of the facility shall be considered a reasonable expense for the purpose of withdrawing funds from the Facility Fund established in ORS 441.303. [2009 c.539 15] Note: See note under 441.331.
[Amended by 1963 c.9 25; 1969 c.343 18; renumbered 440.375]
(1) Within 30 days following the appointment of a temporary manager under ORS 441.333, and every 30 days thereafter and within 30 days after the termination of the period of temporary management, the temporary manager shall give the Department of Human Services and the licensee a complete accounting of all property that the temporary manager has taken possession, all funds collected and all expenses incurred by the temporary manager on behalf of the facility and the expenditure of any funds withdrawn from the Facility Fund established under ORS 441.303 to pay those expenses. (2) If a facilitys income or assets are insufficient to meet the expenses of a temporary manager in the operation of the facility, the department may withdraw funds from the Facility Fund established under ORS 441.303 to pay those expenses. (3) If the department withdraws funds from the Facility Fund established under ORS 441.303 to pay the expenses of the temporary manager and compensation of any employees or agents of the temporary manager pursuant to ORS 441.333, the licensee shall be liable to the department for the deficiency. (4) The department shall provide an opportunity to contest the deficiency in accordance with ORS chapter 183. The department shall serve a notice of deficiency upon the licensee in accordance with ORS 183.415 (2). The notice shall conform to ORS 183.415 and shall explain: (a) The amount of the deficiency; and (b) That the department may have a lien for the amount of the deficiency upon any real property and other beneficial interest, direct or indirect, of the licensee, upon any fixtures, equipment or goods used in the operation of the facility and upon the proceeds of any conveyance of such property or interest by the licensee within the 12 months prior to the appointment of the temporary manager. (5) The department shall have a lien for any deficiency established under subsection (4) of this section upon any real property and other beneficial interest, direct or indirect, of the licensee, upon any fixtures, equipment or goods used in the operation of the facility and upon the proceeds of any conveyance of such property or interest by the licensee in the 12 months prior to the appointment of the temporary manager. (6) The department shall conduct any hearing under this section as a contested case hearing in accordance with ORS chapter 183 and the rules of the department. The department may serve the final order without serving a proposed order. The only issues to be decided in the hearing are: (a) The amount of the deficiency; and (b) Whether the expenses incurred by the temporary manager are reasonable. (7) The lien authorized by subsection (5) of this section is prior to any lien or other interest that arises subsequent to the appointment of a temporary manager, except for a construction lien arising out of work begun before the appointment and continued with the express consent of the temporary manager. (8) The lien provided in subsection (5) of this section may be recorded in the County Clerk Lien Record maintained under ORS 205.130. (9) Income received by the temporary manager on behalf of the facility and not applied to the operating expenses of the facility and any deficiency recovered by the department under this section shall be used to reimburse the Facility Fund established under ORS 441.303 for any withdrawal of funds authorized by this section. [2009 c.539 16] Note: See note under 441.331.
In any action or proceeding brought against a temporary manager in the temporary managers official capacity for acts committed while carrying out the powers and duties authorized by the Department of Human Services by rule or as agreed upon between the department and the licensee, the temporary manager shall be considered an agent of the department under ORS 30.260 to 30.300. [2009 c.539 17] Note: See note under 441.331.
The Department of Human Services shall adopt rules necessary to implement ORS 441.331 to 441.341, including but not limited to the criteria for the appointment of a temporary manager of a facility, the qualifications of a temporary manager and the powers and duties of a temporary manager. [2009 c.539 18] Note: See note under 441.331.
[Amended by 1969 c.2 1; 1969 c.343 19; 1969 c.694 7; 1971 c.36 4; renumbered 440.380]
[Amended by 1969 c.343 20; renumbered 440.385]
[Renumbered 440.390] MOVES FROM LONG TERM
As used in ORS 441.357 to 441.367: (1) "Informed written consent" means voluntary consent in writing given after receipt and understanding of a written statement of a residents rights under ORS 441.362 (1) to (5). (2) "Long term care facility" means any long term care facility as defined in ORS 442.015. (3) "Move from a long term care facility" means any move, relocation, discharge or transfer out of a long term care facility which terminates residence at the long term care facility. (4) "Resident" means an individual receiving care in a long term care facility. [1983 c.269 1; 1985 c.747 51]
[Amended by 1963 c.9 26; 1969 c.694 8; renumbered 440.395]
(1) The Department of Human Services shall not move any resident from a long term care facility or terminate payment for a resident of a long term care facility without providing 30 days written notice to the resident of the reasons for the move or termination of payment, the residents right to a hearing in accordance with ORS chapter 183 and the grounds for contesting the move or termination of payment. (2) Written notice in accordance with this section shall be provided by the department in all moves, including situations where the resident requests or initiates the move. (3) The request for hearing must be made to the department within 10 days of the service or delivery of the written notice to move. (4) Notwithstanding subsection (1) of this section, the department may move a resident less than 30 days after the service of the notice if the resident gives informed written consent to the move or termination of payment. (5) In the event the resident is cognitively impaired, informed written consent can only be given by a guardian, conservator, person holding a general power of attorney, person designated by the resident to receive notice of a move or termination of payment or person who requested the receipt of notice of a move or termination of payment. [1983 c.269 2]
[Amended by 1961 c.396 1; 1969 c.343 20a; 1969 c.694 9; 1971 c.36 5; 1973 c.284 3; renumbered 440.400]
(1) The Department of Human Services by rule shall require long term care facilities licensed under ORS 441.020 to provide written and oral notice before or at the time of admission to any resident who does not receive medical assistance under ORS chapter 414, specifying: (a) The base daily rate and any additional expenses reasonably to be expected including medical supplies, pharmacy and doctor visits and the charges for incontinency care, feeding and laundry; and (b) The long term care facilitys policy regarding residents who become unable to pay facility charges by reason of exhaustion of all income and resources to or below the level of eligibility for medical assistance. (2) A long term care facility shall give 30 days notice in writing to all residents of changes in additional expenses or charges. (3) The Director of Human Services may impose a civil penalty for violation of subsection (1) of this section under ORS 441.710 (1)(a)(C). [1983 c.269 3,4,5; 1987 c.428 24; 2017 c.679 39]
[Amended by 1969 c.343 21; renumbered 440.405]
(1) As used in this section: (a) "Adult foster home" has the meaning given that term in ORS 443.705. (b) "Area agency" has the meaning given that term in ORS 410.040. (c) "Long term care facility" has the meaning given that term in ORS 442.015. (d) "Move from a long term care facility" has the meaning given that term in ORS 441.357. (e) "Residential care facility" has the meaning given that term in ORS 443.400. (2) If the Department of Human Services or an area agency knows that a person who is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005, is applying for admission to an adult foster home, a long term care facility or a residential care facility, the department or area agency shall notify the home or facility of the persons status as a sex offender. (3) When a person who is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005, applies for admission to an adult foster home, a long term care facility or a residential care facility, the person shall notify the home or facility of the persons status as a sex offender. (4) An adult foster home, a long term care facility or a residential care facility may refuse admission to a person who is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005. (5)(a) An adult foster home may transfer or discharge a resident without reasonable advance notice of the transfer or discharge if: (A) The home was not notified prior to admission of the resident that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005; (B) The home learns that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005; and (C) The resident meets the criteria established by the department by rule for transfer or discharge under this subsection. (b) The home shall give the resident a copy of a written notice containing information about the residents right to a hearing in accordance with ORS chapter 183 and the grounds for contesting the move at the time the home transfers or discharges the resident. (6) Notwithstanding ORS 441.362 and 441.605 (4), the department may move a resident from a long term care facility without providing 30 days written notice to the resident if the department or area agency learns that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005. The department shall give the resident a copy of a written notice containing information about the residents right to a hearing in accordance with ORS chapter 183 and the grounds for contesting the move at the time the department moves the resident. (7)(a) Notwithstanding ORS 441.605 (4), a long term care facility may transfer or discharge a resident without reasonable advance notice of the transfer or discharge if: (A) The facility was not notified prior to admission of the resident that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005; (B) The facility learns that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005; and (C) The resident meets the criteria established by the department by rule for transfer or discharge under this subsection. (b) The facility shall give the resident a copy of a written notice containing information about the residents right to a hearing in accordance with ORS chapter 183 and the grounds for contesting the move at the time the facility transfers or discharges the resident. (8)(a) A residential care facility may transfer or discharge a resident without reasonable advance notice of the transfer or discharge if: (A) The facility was not notified prior to admission of the resident that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005; (B) The facility learns that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005; and (C) The resident meets the criteria established by the department by rule for transfer or discharge under this subsection. (b) The facility shall give the resident a copy of a written notice containing information about the residents right to a hearing in accordance with ORS chapter 183 and the grounds for contesting the move at the time the facility transfers or discharges the resident. (9) If a resident requests a hearing under subsection (5), (6), (7) or (8) of this section, the hearing must be held within five business days of the move, transfer or discharge of the resident. (10) The department shall establish the criteria required by subsections (5)(a)(C), (7)(a)(C) and (8)(a)(C) of this section so that application of the criteria results in the identification of only those persons who present a current risk of harm to another person within the home or facility. [2005 c.671 13; 2014 c.104 7] Note: 441.373 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.
[Amended by 1973 c.284 4; renumbered 440.410]
[Subsection (2) enacted as 1957 c.584 1; repealed by 1969 c.343 30]
As used in ORS 441.402 to 441.419: (1) "Administrative action" means any action, inaction or decision made by an owner, employee or agent of a long term care facility or by a public agency that affects the services to residents of long term care facilities. (2) "Designee" means an individual appointed by the Long Term Care Ombudsman under ORS 441.413 to serve as a representative in a local community in order to carry out the purpose of ORS 441.402 to 441.419. (3) "Long term care facility" means: (a) Any licensed skilled nursing facility or intermediate care facility, as defined in rules adopted under ORS 442.015; (b) Adult foster homes, as defined in ORS 443.705, with residents over 60 years of age; (c) Residential care facilities, as defined in ORS 443.400; and (d) Continuing care retirement communities, as defined in ORS 101.020. (4) "Long Term Care Ombudsman Program" means the services provided by the Long Term Care Ombudsman. [Formerly 441.100; 2017 c.441 10]
(1) The office of the Long Term Care Ombudsman is established. The Long Term Care Ombudsman shall function separately and independently from any other state agency. The Governor shall appoint the Long Term Care Ombudsman for a four-year term from a list of three nominees nominated by the Residential Ombudsman and Public Guardianship Advisory Board established under ORS 441.416. The appointment of the Long Term Care Ombudsman is subject to Senate confirmation under ORS 171.562 and 171.565. A vacancy shall be filled within 60 days in the same manner as an appointment is made. (2) The Long Term Care Ombudsman may be removed for just cause, upon recommendation to the Governor by the Residential Ombudsman and Public Guardianship Advisory Board. (3) The Long Term Care Ombudsman shall have background and experience in the following areas: (a) The fields of aging, mental health or developmental disabilities; (b) Physical or behavioral health care; (c) Working with community programs; (d) Strong understanding of long term care issues, both regulatory and policy; (e) Working with health care providers; (f) Working with and involvement in volunteer programs; and (g) Administrative and managerial experience. (4) The Long Term Care Ombudsman may hire up to 10 deputy ombudsmen as necessary to perform the duties of the ombudsman. [Formerly 441.103; 2017 c.441 11; 2019 c.504 1]
The funding for the office of the Long Term Care Ombudsman shall include at least one percent of Title III(B) of the Older Americans Act (Public Law 89-73) funding received by this state. [Formerly 441.107]
(1) The Long Term Care Ombudsman shall carry out the following duties: (a) Investigate and resolve complaints made by or for residents of long term care facilities about administrative actions that may adversely affect their health, safety, welfare or rights, including subpoenaing any person to appear, to give sworn testimony or to produce documentary or other evidence that is reasonably material to any matter under investigation. (b) Notify the Department of Human Services or the Oregon Health Authority about disease outbreaks reported by residents to the ombudsman or identified by the ombudsman. (c) Undertake, participate in or cooperate with persons and agencies in such conferences, inquiries, meetings or studies as may lead to improvements in the functioning of long term care facilities. (d) Monitor the development and implementation of federal, state and local laws, regulations and policies that relate to long term care facilities in this state. (e) Provide information to public agencies about the problems of residents of long term care facilities. (f) Work closely with cooperative associations and citizen groups in this state and the state protection and advocacy system under ORS 192.517. (g) Widely publicize the Long Term Care Ombudsmans services, purpose and mode of operation. (h) Collaborate with the Oregon Health Authority, the Department of Human Services, the Long Term Care Administrators Board and any other appropriate agencies and organizations to establish a statewide system to collect and analyze information on complaints and conditions in long term care facilities for the purpose of publicizing improvements and resolving significant problems. (i) Contract with the state protection and advocacy system described in ORS 192.517 (1) to provide services and assistance to persons who are prospective or current residents of a mental health treatment facility or of a residential facility for individuals with developmental disabilities when the system has received a notice regarding the person pursuant to ORS 125.060 (7)(c) or (8)(c). (j) Appoint designees to serve as local representatives of the office of the Long Term Care Ombudsman in various districts of the state and regularly monitor their functions. (k) Specify qualifications and duties of designees. (L) Adopt rules necessary for carrying out ORS 441.402 to 441.414, after consultation with the Residential Ombudsman and Public Guardianship Advisory Board. (m) Provide periodically, or at least annually, a report to the Governor, authority, department and Legislative Assembly. (n) Prepare necessary reports with the assistance of the authority and the department. (o) Advise and support the Oregon Public Guardian and Conservator appointed under ORS 125.678. (p) Supervise, monitor, advise and support the Residential Facilities Ombudsman appointed under ORS 443.382. (2) At least quarterly, the Department of Human Services shall provide the Long Term Care Ombudsman with a list of the number of licensed or certified beds in each long term care facility for which the ombudsman has responsibilities under this section. [Formerly 441.109; 2017 c.441 12,12a; 2018 c.61 17; 2019 c.592 8]
The Long Term Care Ombudsman shall establish procedures to maintain the confidentiality of the records and files of residents of long term care facilities. These procedures must meet the following requirements: (1) The ombudsman or a designee may not disclose the identity of any resident unless the complainant or the resident, or the legal representative of either, consents in writing to the disclosure and specifies to whom the disclosure may be made. (2) The identity of any complainant or resident on whose behalf a complaint is made, or individual providing information on behalf of the complainant or the resident, shall be confidential. If the complaint becomes the subject of judicial proceedings, the investigative information held by the ombudsman or the designee shall be disclosed for the purpose of the proceedings if requested by the court. [Formerly 441.113; 2017 c.441 13]
(1) The Long Term Care Ombudsman and each designee shall have the right of entry into long term care facilities at any time considered necessary and reasonable by the ombudsman or the designee for the purpose of: (a) Investigating and resolving complaints made by residents or made on their behalf; (b) Interviewing residents, with their consent, in private; (c) Offering the services of the ombudsman or the designee to any resident, in private; (d) Interviewing employees or agents of the facility; (e) Consulting regularly with the facility administration; and (f) Providing services authorized by law or by rule. (2)(a) The ombudsman shall have access to any residents records, and to records of any public agency necessary to the duties of the ombudsman, including records on reports of resident abuse made pursuant to ORS 124.050 to 124.095 and 441.630 to 441.680. The provisions of ORS 192.553 to 192.581 are not intended to limit the access of the ombudsman to medical records of residents of long term care facilities. If necessary to investigate a complaint, designees shall have access to individual residents records, including medical records as authorized by the resident or the residents legal representative. (b) If a residents legal representative denies access to the residents records by the ombudsman or a designee, the ombudsman shall have access to the records if the ombudsman has reasonable cause to believe that the legal representative is not acting in the best interests of the resident. (3) The ombudsman shall enter into confidentiality agreements with the Department of Human Services and with the Oregon Health Authority permitting the ombudsman to have access to electronic records of the department and the authority that are necessary to carry out the duties of the ombudsman. The agreement must ensure that records obtained by the ombudsman from the department or the authority that are confidential, privileged or otherwise protected from disclosure are not further disclosed, except as permitted by state and federal law. (4) Entry and investigation authorized by this section shall be done in a manner that does not disrupt significantly the providing of nursing, residential or other personal care or treatment to residents. (5) The ombudsman or the designee must show identification to the person in charge of the facility. The resident shall have the right to refuse to communicate with the ombudsman or the designee. The refusal shall be made directly to the ombudsman or the designee and not through an intermediary. (6) The resident shall have the right to participate in planning any course of action to be taken on behalf of the resident by the ombudsman or the designee. [Formerly 441.117; 2017 c.441 14; 2017 c.679 40]
(1) Following an investigation, the Long Term Care Ombudsman or the designee shall report opinions or recommendations to the party or parties affected and, if appropriate, shall attempt to resolve the complaint using informal techniques of mediation, conciliation and persuasion. Complaints of conditions adversely affecting residents of long term care facilities, or complaints of conditions threatening the safety or well-being of residents that cannot be resolved in the manner described in this section, shall be referred to an appropriate state agency. (2) Programs that promote the safety or emotional or physical well-being of residents of long term care facilities shall be promoted and publicized by the ombudsman and the designees. [Formerly 441.121; 2017 c.441 15]
(1) The Long Term Care Ombudsman shall prepare and distribute to each long term care facility in this state a written notice describing the procedures to follow in making a complaint, including the address and telephone number of the ombudsman and local designee, if any, and a poster describing the Long Term Care Ombudsman Program and providing contact information. (2) The administrator of each long term care facility shall post the written notice and poster required by this section in conspicuous places in the facility in accordance with procedures provided by the ombudsman and shall give the written notice to each resident and legally appointed guardian, if any. [Formerly 441.124; 2017 c.441 16]
(1) Any employee or agent of a long term care facility acting in good faith in discussing resident care pursuant to ORS 441.408 shall have immunity from any civil liability that might otherwise be incurred or imposed with respect to the making of such report. (2) Any employee or agent who makes a report pursuant to ORS 441.408 may not be subjected to any retaliation by any official or other employee of a long term care facility solely for making a report, including but not limited to restriction of otherwise lawful access to the facility or to any resident of the facility, or, if an employee, to dismissal or harassment. (3) The Long Term Care Ombudsman or the designee acting in good faith in discussing resident care pursuant to ORS 441.408 shall have immunity from any civil liability, that might otherwise be incurred or imposed with respect to the discussion. [Formerly 441.127; 2017 c.441 17]
(1) The Long Term Care Ombudsman shall appoint designees, in consultation with local screening committees that are appointed by and serve at the pleasure of the ombudsman, that may consist of but not be limited to persons representing: (a) The area agency, as defined in ORS 410.040. (b) The local office of the Department of Human Services. (c) The local health department. (d) Senior citizens groups in the area. (e) Local elected officials. (2) To be appointed as a designee, a person must complete an initial training, as prescribed by the Long Term Care Ombudsman by rule, and attend quarterly training sessions that are approved by the ombudsman and that shall be coordinated and funded by the Department of Human Services and the Oregon Health Authority, subject to the availability of funds. The training must include instruction on how to identify and report disease outbreaks. (3) Designees must sign a contract with the state that outlines the scope of their duties. In districts where a designee is an employee or agent of a local entity, a three-party contract shall be executed. Violation of the contract is cause for the termination of the appointment. A directory of all designees shall be maintained in the office of the Long Term Care Ombudsman. (4) The qualifications of designees shall include experience with long term care facilities or residents or potential residents of long term care facilities, and the ability to communicate well, to understand laws, rules and regulations, and to be assertive, yet objective. (5) Applicants who have experience in either social service, mental health, developmental disability services, gerontology, nursing or paralegal work shall be given preference in the appointment of designees. (6) The contract shall include statements that the purpose of the Long Term Care Ombudsman Program is to: (a) Promote rapport and trust between the residents and staff of the long term care facilities and Long Term Care Ombudsman; (b) Assist residents with participating more actively in determining the delivery of services at the facilities; (c) Serve as an educational resource; (d) Receive, resolve or relay concerns to the Long Term Care Ombudsman or the appropriate agency; and (e) Ensure equitable resolution of problems. (7) The duties of the designees are to: (a) Visit each assigned long term care facility on a regular basis: (A) Upon arrival and departure, inform a specified staff member. (B) Review, with a specified staff member, any problems or concerns that need to be considered. (C) Visit individual residents and resident councils. (b) Maintain liaison with appropriate agencies and the Long Term Care Ombudsman. (c) Report, in writing, monthly to the Long Term Care Ombudsman. (d) Keep residents and staff informed of the Long Term Care Ombudsman Program. (e) Periodically review the rights prescribed in ORS 441.605, 441.610 and 441.612, and any other applicable rights to services, with residents, families, guardians, administrators and staff of long term care facilities. (f) Perform other related duties as specified. [Formerly 441.131; 2017 c.441 18; 2019 c.592 9]
Nothing in ORS 441.402 to 441.419 shall affect the right of residents of a long term care facility to see visitors of their choice. [Formerly 441.133; 2017 c.441 19]
[1973 c.837 2; 1977 c.751 40; renumbered 442.400]
(1) There is established a Residential Ombudsman and Public Guardianship Advisory Board of 11 members to be appointed in the following manner: (a) One person appointed by the Speaker of the House of Representatives; (b) One person appointed by the President of the Senate; (c) One person appointed by the House Minority Leader; (d) One person appointed by the Senate Minority Leader; (e) One person appointed by the Governor from each list of four names submitted by organizations for seniors, organizations for persons with mental illness and the Oregon Council on Developmental Disabilities; and (f) Four persons appointed by the Governor, two of whom must have expertise in the provision of guardianship, conservatorship and other fiduciary services for persons with inadequate resources. (2) Members described in subsection (1)(e) and (f) of this section are subject to confirmation by the Senate under ORS 171.562 and 171.565. (3) The term of office of each member is four years. Before the expiration of the term of a member, the appointing authority shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term. (4) The members of the board must be residents of this state who are broadly representative, to the extent possible, of persons residing in residential facilities as defined in ORS 443.380 or long term care facilities, including members of racial and ethnic minorities, who have knowledge and interest in the problems of persons residing in residential facilities, and who are representative of all areas of this state and the demographics of groups served by the Long Term Care Ombudsman. (5) A member of the board may not have a financial or fiduciary interest in residential facilities as defined in ORS 443.380, long term care facilities or service providers, or involvement in the licensing or certification of residential facilities, long term care facilities or service providers. (6) The board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the board determines. (7) A majority of the members of the board constitutes a quorum for the transaction of business. Decisions may be made by a majority of the quorum. (8) The board shall meet at least once each month at a place, day and hour determined by the board. The board also shall meet at other times and places specified by the call of the chairperson or of a majority of the members of the board. The board shall confer each month with the Long Term Care Ombudsman. All meetings are subject to ORS 192.610 to 192.690. (9) A member of the board is entitled to compensation and expenses as provided in ORS 292.495. [Formerly 441.137; 2017 c.441 20]
The Residential Ombudsman and Public Guardianship Advisory Board shall: (1) Monitor the Long Term Care Ombudsman Program. (2) Advise the Governor and the Legislative Assembly on the Long Term Care Ombudsman Program. (3) Nominate, after interviews and according to prescribed criteria, three persons to fill the Long Term Care Ombudsman position or to fill a vacancy in the position. [Formerly 441.142; 2017 c.441 21]
(1) A residential facility as defined in ORS 443.380 or a long term care facility that files a complaint against a designee appointed under ORS 441.413 and objects to the action of the Long Term Care Ombudsman in resolving the complaint may appeal the ombudsmans action to a panel of the Residential Ombudsman and Public Guardianship Advisory Board. (2) The board on its own motion may review any action by the ombudsman appealable under this section. The review shall provide an opportunity for written and oral presentation by the residential facility as defined in ORS 443.380 or a long term care facility and the ombudsman. The board shall issue its findings and any instructions to the ombudsman in written form consistent with the federal Older Americans Act or other applicable federal law. (3) If the board disagrees with the action of the ombudsman, the board may refer the resolution back to the ombudsman with instructions consistent with the federal Older Americans Act or other applicable federal law to conform the ombudsmans action in the matter to the recommendations of the board. [Formerly 441.146; 2017 c.441 22]
The Long Term Care Ombudsman Account is established in the State Treasury, separate and distinct from the General Fund. All miscellaneous receipts, gifts and federal and other grants received by the Long Term Care Ombudsman shall be deposited into the Long Term Care Ombudsman Account and are continuously appropriated to the Long Term Care Ombudsman for carrying out the responsibilities of the office of the Long Term Care Ombudsman. [Formerly 441.153; 2017 c.310 11; 2017 c.441 23]
[1973 c.837 1; 1977 c.751 41; renumbered 442.405]
[1973 c.837 6; 1977 c.751 42; renumbered 442.420]
[1973 c.837 7; renumbered 442.425]
[1973 c.837 8; renumbered 442.430]
[1973 c.837 9; 1977 c.751 43; renumbered 442.435]
[1973 c.837 10; renumbered 442.440]
[1973 c.837 12; renumbered 442.445]
[Subsection (2) enacted as 1957 c.584 2; 1967 c.498 5; renumbered 440.505]
[Renumbered 441.810]
[1971 c.166 1; renumbered 441.815] FINANCING OF HEALTH CARE
As used in ORS 441.525 to 441.595, unless the context requires otherwise: (1) "Adult congregate living facility" means any institution, building or buildings, residential facility for elderly individuals or individuals with disabilities, or other place, operated as a nonprofit corporation that undertakes through its ownership or management to provide housing, meals and the availability of other supportive services. (2) "Authority" means any public authority organized or existing pursuant to ORS 441.525 to 441.595. (3) "Behavioral treatment facility" means any institution, building or buildings or residential facility operated as a nonprofit corporation that provides services, which may include residential services to individuals for a period of 72 hours to 12 months, to individuals struggling with addiction or another mental health issue. (4) "Family safety facility" means an institution, building or buildings or residential facility operated as a nonprofit corporation that provides services, which may include residential services to individuals for a period of 72 hours to 12 months, to individuals seeking relief from domestic violence issues. (5) "Governing body" means the county court, board of county commissioners, council or other legislative body of any municipality. (6) "Hospital facility" means any structure, system, machinery, equipment or other real or personal property useful for or incidental to inpatient or outpatient care or administration, service or support for such care or any combination thereof that is provided by a political subdivision of this state or any private nonprofit corporation, including: (a) An adult congregate living facility; (b) A behavioral treatment facility; (c) A family safety facility; or (d) A health care facility, as defined in ORS 442.015. (7) "Municipality" means any health district, city, county or other municipal corporation created by the consolidation of a city and county. [1973 c.153 2; 1981 c.161 1; 1983 c.740 157; 1989 c.224 94; 2007 c.70 241; 2015 c.220 1]
In order to provide the people of Oregon with access to adequate medical care and hospital facilities, the Legislative Assembly finds that it is necessary and desirable to authorize the creation in the several counties and cities of public authorities having the power to acquire, own, lease, sell and otherwise dispose of hospital facilities, and to authorize municipalities which create authorities to utilize those authorities to issue bonds and other obligations on behalf of such municipalities in order that the municipalities may provide hospital facilities. [1973 c.153 1; 1977 c.201 2]
Only a municipality may create an authority. Such a municipality may utilize an authority to issue obligations on behalf of the municipality in order to provide hospital facilities for the people of the municipality. No authority shall issue obligations on behalf of more than one municipality. An authority shall not be created or continued in existence for any purpose other than to provide hospital facilities as provided in ORS 441.525 to 441.595. [1977 c.201 3]
(1) A governing body may upon its own motion, and shall upon the written request of any three or more natural persons, consider whether it is advisable to create a public authority for the purpose of providing hospital facilities. (2) If the governing body, after public hearing according to its rules, determines that it is wise and desirable to create in a public authority the power and duties set forth in ORS 441.525 to 441.595, it shall by ordinance or resolution establish such an authority. The ordinance or resolution shall set forth: (a) The name of the authority, which shall be "The Hospital Facility Authority of (Municipality), Oregon" or other similar distinctive name. (b) The number of directors of the authority, which shall not be less than five nor more than 11. (c) The names of the initial directors and their terms of service, which shall not exceed six years. At least one director shall also be a member of the governing body. Such director shall serve only so long as the director is a member of the governing body and, in any event, no longer than six years. (d) Such other provisions as may be appropriate and not inconsistent with ORS 441.525 to 441.595 or the laws of Oregon. (3) Upon the adoption of such an ordinance or resolution, the authority shall be deemed established as a municipal corporation of this state and as a body corporate and politic exercising public powers. (4) An authority so organized shall have all the powers and duties contained in ORS 441.525 to 441.595. The governing body, at its sole discretion and at any time, may alter or change the structure, organization, programs or activities of the authority, subject to any limitations imposed by law on the impairment of contracts. The governing body may dissolve the authority at any time, provided the authority has no bonds or other obligations outstanding. [1973 c.153 3; 1977 c.201 4]
(1) An authority shall be managed and controlled by a board of directors, who shall be appointed by the governing body. The directors may be removed for cause or at the will of the governing body. The directors shall serve without compensation. However, the authority may reimburse the directors for their expenses incurred in the performance of their duties. (2) The board of directors shall adopt and may amend rules for calling and conducting its meetings and carrying out its business and may adopt an official seal. All decisions of the board shall be by motion or resolution and shall be recorded in the boards minute book which shall be a public record. A majority of the board shall constitute a quorum for the transaction of business and a majority thereof shall be sufficient for the passage of any such motion or resolution. (3) The board may employ such employees and agents as it deems appropriate and provide for their compensation. (4) Notwithstanding the exception for pecuniary benefit or detriment described in ORS 244.020 (13)(c), a director is a public official subject to the requirements of ORS chapter 244 based on an actual conflict of interest or a potential conflict of interest arising out of the directors relationship with a nonprofit corporation that is tax-exempt under section 501(c) of the Internal Revenue Code, including employment with the nonprofit corporation or a relationship with a foundation that provides assistance to the nonprofit corporation. [1973 c.153 4; 1977 c.201 5; 2007 c.813 1; 2009 c.68 20; 2015 c.620 9]
An authority shall not have the right or power to levy taxes or to operate a hospital facility. [1973 c.153 5]
Except as otherwise provided in ORS 441.545, an authority shall have all powers necessary to accomplish the purpose of providing hospital facilities for the people of Oregon, including without limitation the power: (1) To sue and be sued in its own name. (2) To acquire by purchase, construction, exchange, gift, lease, or otherwise, and to improve, extend, maintain, equip and furnish hospital facilities, which hospital facilities may be either within or without the corporate limits of the municipality by which the authority is created. (3) To lease such hospital facilities to any one or more political subdivisions of this state or any private nonprofit corporations which are operating or propose to operate an inpatient care facility subject to the licensing and supervision requirements of ORS 441.015 to 441.087, 441.525 to 441.595, 441.815, 441.820, 441.990, 442.342, 442.344 and 442.400 to 442.463 upon such terms and conditions as the board deems appropriate, to charge and collect rents and to terminate any such lease upon default of the lessee. (4) To enter into options and agreements for the renewal or extension of such leases of hospital facilities or for the conveyance of such hospital facilities. (5) To sell, exchange, donate and convey any or all of its hospital facilities or other assets. (6) To borrow money and to issue notes and revenue bonds for the purpose of carrying out its powers. (7) To mortgage and pledge its assets, or any portion thereof, whether then owned or thereafter acquired, to pledge the revenues and receipts from such assets, to acquire, hold, and dispose of mortgages and other similar documents relating to hospital facilities, and to arrange and provide for guarantee and other security agreements therefor. (8) To loan money for the construction of and improvements to hospital facilities. (9) To enter into contracts, leases and other undertakings in its own name. (10) To adopt and amend ordinances and resolutions. [1973 c.153 6; 1983 c.413 1]
(1) To accomplish its purposes, an authority shall have the power to issue revenue obligations payable from the revenues derived by it from repayment of loans or from its ownership or sale of any one or more hospital facilities. The issuance of revenue obligations is governed by the provisions of subsections (2) to (8) of this section, and is not subject to the prior approval of the electors of the municipality. (2) The authority shall issue revenue obligations only by bond resolution duly adopted by its board of directors. The bond resolution shall specify the public purposes for which the proceeds of the revenue obligations shall be expended, declare the estimated cost of carrying out such purposes, contain such covenants, and provide for the issuance and sale of revenue obligations in such form and amount as the directors determine. In declaring such cost, the directors may include the funds necessary for working capital during construction, reserves, interest during construction, the payment of organizational, planning, financing and legal expenses, the repayment of advances and the start-up costs. The bond resolution may provide that hospital facilities subsequently acquired or constructed by the authority shall be deemed betterments or additions to, or extensions of, the specified hospital facility, whether or not physically connected. (3) The bond resolution shall provide for the establishment of one or more special funds, and such funds may be under the control of the board or one or more trustees. The bond resolution shall obligate the authority to deposit and expend the proceeds of the revenue obligations only into and from such fund or funds, and to set aside and pay into such fund or funds any fixed proportion or fixed amount of the revenues derived by it from any or all of its hospital facilities or other corporate activities, as the board finds in the best interest of the authority and the payment of its obligations. The authority may issue and sell revenue obligations payable as to interest and principal only out of such fund or funds. (4) Any revenue obligations issued against any fund or funds provided for in subsection (3) of this section shall be a valid claim of the holder thereof only as against such special fund or funds, the proportion or amount of the revenues pledged to such fund or funds and such assets as the authority may have pledged. Each such revenue obligation shall state on its face that it is payable from a special fund or funds, naming the fund or funds and the resolution creating it or them. (5) Any pledge of revenues or other moneys or obligations or assets made by an authority shall be valid and binding from the time that the pledge is made against any parties having subsequent claims of any kind in tort, contract, or otherwise against an authority, irrespective of whether such parties have actual notice thereof. The pledge shall be noted in the authoritys minute book which shall be constructive notice thereof to all parties and neither the resolution nor other instrument by which a pledge is created need be otherwise recorded, nor shall the filing of any financing statement under the Uniform Commercial Code be required to perfect such pledge. Revenues or other moneys or obligations or assets so pledged and later received by an authority shall immediately be subject to the lien of the pledge without any physical delivery or further act. (6) The revenue obligations issued under the provisions of subsections (1) to (5) of this section shall bear such date or dates, mature at such time or times, be in such denominations, be in such form, either coupon or registered or both, carry such registration privileges, be made transferable, exchangeable and interchangeable, be payable in such medium, at such place or places, contain such covenants, and be subject to such terms of redemption as the board of directors shall declare in the bond resolution. (7) Notwithstanding any other provision of law, the revenue obligations issued by an authority may be sold by the board of directors upon such terms and conditions and at such rate or rates of interest and for such price or prices as it may deem most advantageous to the authority, with or without public bidding. The authority may make contracts for future sale from time to time of revenue obligations by which the contract purchasers shall be committed to the prices, terms and conditions stated in such contract, and the board of directors may pay such consideration as it deems proper for such commitments. (8) The board of directors may provide by resolution for the issuance of funding and refunding revenue obligations in order to refund, convert, purchase or restructure any one or more series, or portion of a series, of outstanding revenue obligations at such time or times as it may determine. Such refunding revenue obligations may be sold or exchanged at par or otherwise as the board of directors determines is in the best interest of the authority. (9) All revenue obligations issued pursuant to this section shall be legal securities that may be used by any insured institution or trust company, as those terms are defined in ORS 706.008, for deposit with the State Treasurer or a county treasurer or city treasurer, as security for deposits in lieu of a surety bond under any law relating to deposits of public moneys and shall constitute legal investments for public bodies, trustees and other fiduciaries, banks, savings and loan associations, and insurance companies. All such revenue obligations and all coupons appertaining thereto shall be negotiable instruments within the meaning of and for all purposes of the law of this state. [1973 c.153 7; 1983 c.413 2; 1997 c.631 471; 2011 c.256 4]
An authority may borrow from banks or other lenders such sums on such terms as the board of directors deems necessary or advisable. An authority may also issue, sell and assume bond anticipation notes or their equivalent, which shall bear such date or dates, mature at such time or times, be in such denominations and in such form, be payable in such medium, at such place or places, and be subject to such terms of redemption, as the board deems necessary or advisable. [1973 c.153 8]
The revenue bonds and other obligations of an authority shall not be a general obligation of the municipality nor a charge upon the tax revenues of the municipality. [1973 c.153 9]
The board of directors shall establish rentals, selling prices, and other charges at least adequate to pay the principal of and interest on the obligations of the authority as the same become due, including payments to any special fund or funds, together with the financing and other costs of the authority. [1973 c.153 10]
All powers and responsibilities provided in ORS 441.525 to 441.595 may be exercised and discharged by two or more authorities acting jointly to effectuate the purposes of ORS 441.525 to 441.595. [1973 c.153 11]
An authority is hereby declared to be a public body performing a public function. Accordingly, an authority, all assets at any time owned by it, the income therefrom, and all bonds issued by an authority, together with the coupons applicable thereto, and the income therefrom, shall be exempt from all taxation in the State of Oregon; provided, however, that real and personal property owned by the authority and leased to a third party shall be subject to property taxation if such property would be subject to taxation if owned by the lessee thereof. All bonds issued by an authority shall be deemed to be securities issued by a political subdivision of the State of Oregon. [1973 c.153 12]
The earnings of the authority in excess of the amount required for the retirement of indebtedness or the accomplishment of the purposes stated in ORS 441.525 to 441.595 shall not inure to the benefit of any person or body other than the municipality creating the authority. Upon dissolution of an authority, any assets remaining after provision for payment of the obligations and expenses of the authority shall become the assets of the municipality. [1973 c.153 13; 1977 c.201 6]
ORS 441.525 to 441.595 are complete authority for the organization of authorities and for the issuance and sale of revenue bonds and refunding revenue bonds. Any restrictions, limitations, conditions or procedures provided by other statutes, including but not limited to the provisions of ORS chapter 198 and ORS 440.305 to 440.410, do not apply to the organization of authorities and the issuance and sale of revenue bonds pursuant to ORS 441.525 to 441.595. However, nothing contained in ORS 441.525 to 441.595 shall be construed as a restriction or limitation upon any powers which an authority might otherwise have under any law of this state or the charter of any municipality. [1973 c.153 14; 2005 c.443 25]
ORS 441.525 to 441.595 shall be liberally construed to effect its purposes. In the event that any portion of ORS 441.525 to 441.595 is declared invalid or otherwise unenforceable by a court of record, the remaining provisions of ORS 441.525 to 441.595 shall nevertheless remain in full force and effect. [1973 c.153 15] Note: Sections 1 and 6, chapter 616, Oregon Laws 2021, provide: Sec. 1. (1) As used in this section: (a) "Long term care facility" has the meaning given that term in ORS 442.015. (b) "Residential care facility" has the meaning given that term in ORS 443.400. (c) "Senior emergency medical services" means services provided by an emergency medical services provider, as defined in ORS 682.025, to residents of a long term care facility or residential care facility. (2)(a) The Senior Emergency Medical Services Innovation Program is established in the Department of Human Services. The purpose of the program is to select, provide funding to and monitor local public sector pilot projects that: (A) Provide innovative strategies for addressing the emergency medical services needs of this states increasing number of aging residents who receive care and services in residential care facilities and long term care facilities; (B) Encourage the efficient and appropriate use of senior emergency medical services; (C) Reduce the overall costs of senior emergency medical services while promoting quality emergency medical services; and (D) Encourage unique community-based responses to challenges faced by local communities in meeting their residents needs for senior emergency medical services. (b) The department shall provide funding to a pilot project described in this subsection from moneys deposited in the Quality Care Fund established under ORS 443.001. (3) The Senior Emergency Medical Services Advisory Council is established consisting of the following 10 members appointed by the Governor: (a) One member representing long term care facilities; (b) One member representing residential care facilities; (c) One member who is a nurse or clinician in a long term care facility or a residential care facility; (d) One member representing an urban or suburban fire department or a city fire department that provides emergency medical services; (e) One member representing a rural fire protection district organized under ORS chapter 478; (f) One member who enters into agreements with a public sector entity to provide emergency medical services; (g) One member who is a physician licensed under ORS chapter 677 or other health care practitioner with expertise in emergency medical services; (h) One member representing the Oregon Health Authority who has expertise in emergency medical services and trauma response; (i) One member representing private emergency medical services providers; and (j) One member who is a: (A) Family member of a resident of a long term care facility or residential care facility; (B) Caregiver in a long term care facility or residential care facility; or (C) Member or representative of a group that advocates for seniors residing in long term care facilities or residential care facilities. (4) The council shall advise and make recommendations to the Department of Human Services on: (a) Minimum standards and data reporting requirements for pilot projects funded through the program; (b) The application process and timelines for the consideration of applications for funding of pilot projects; (c) The criteria for the selection of pilot projects to participate in the program; and (d) Other factors identified by the council as likely to facilitate successful pilot projects. (5) A majority of the members of the council constitutes a quorum for the transaction of business. (6) Official action by the council requires the approval of a majority of the members of the council. (7) The council shall elect one of its members to serve as chairperson. (8) If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective. (9) The council shall meet at times and places specified by the call of the chairperson or of a majority of the members of the council. (10) The council may adopt rules necessary for the operation of the council. (11) The department shall submit a report, in the manner provided in ORS 192.245, on the pilot projects selected for the program, the success achieved by each pilot project in meeting the goals of the program described in subsection (2) of this section and any recommendations for legislative changes necessary to improve the emergency services provided throughout this state. (12) The department shall submit the report described in subsection (11) of this section to the authority for consideration and review prior to submitting the report as described in subsection (11) of this section. (13) The department shall provide staff support to the council. (14) Members of the council are not entitled to compensation or reimbursement for expenses and serve as volunteers on the council. (15) All agencies of state government, as defined in ORS 174.111, are directed to assist the council in the performance of the duties of the council and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the council consider necessary to perform their duties. [2021 c.616 1] Sec. 6. Sections 1 and 2 of this 2021 Act are repealed on January 2, 2027. [2021 c.616 6]
As used in ORS 441.600 to 441.625 unless the context requires otherwise: (1) "Department" means the Department of Human Services. (2) "Facility" means a long term care facility as defined in ORS 442.015. (3) "Legal representative" means attorney at law, person holding a general power of attorney, guardian, conservator or any person appointed by a court to manage the personal or financial affairs of a resident or person or agency legally responsible for the welfare or support of a resident. (4) "Person" means an individual and every form of organization, whether incorporated or unincorporated, including partnership, corporation, trust, association or administrative agency or political subdivision of this state. (5) "Resident" means an individual under care in a facility. [1979 c.261 2; 1987 c.428 25]
It is the intent of the Legislative Assembly that facilities guarantee at a minimum that each resident has the right to be: (1) Fully informed of all resident rights and all facility rules governing resident conduct and responsibilities. (2) Fully informed which services are available and of any additional charges not covered by the daily rates or by Medicare or Medicaid. (3) Informed by a physician of the medical condition of the resident unless medically contraindicated in the medical record, and given the opportunity to participate in planning medical treatment and to refuse experimental research. (4) Transferred or discharged only for medical reasons, or for the welfare of the resident or of other residents of the facility, or for nonpayment and to be given reasonable advance notice to insure orderly transfer or discharge. (5) Encouraged and assisted while in the facility to exercise rights as a citizen, and to voice grievances and suggest changes in policies and services to either staff or outside representatives without fear of restraint, interference, coercion, discrimination or reprisal. (6) Allowed either to manage personal finances or be given a quarterly report of account if the facility has been delegated in writing to carry out this responsibility. (7) Free from mental and physical abuse and assured that no chemical or physical restraints will be used except on order of a physician. (8) Assured that medical and personal records are kept confidential and unless the resident transferred, or examination of the records is required by the third party payment contractor, are not released outside the facility. However, nothing in this subsection is intended to prevent a resident from authorizing access to the residents medical and personal records by another person. (9) Treated with respect and dignity and assured complete privacy during treatment and when receiving personal care. (10) Assured that the resident will not be required to perform services for the facility that are not for therapeutic purposes as identified in the plan of care for the resident. (11) Allowed to associate and communicate privately with persons of the residents choice and send and receive personal mail unopened unless medically contraindicated by the attending physician in the medical record of the resident. (12) Allowed to participate in activities of social, religious and community groups at the discretion of the resident unless medically contraindicated. (13) Able to keep and use personal clothing and possessions as space permits unless to do so infringes on other residents rights and unless medically contraindicated and upon the residents request and the facility managements consent have access to a private locker, chest or chest drawer that is provided by the resident or the facility that is large enough to accommodate jewelry and small personal property and that can be locked by the resident although both the resident and the facility management may have keys. (14) Provided, if married, with privacy for visits by the residents spouse. If both spouses are residents in the facility, they are permitted to share a room. (15) Not required to sign a contract or waiver that waives the residents right to collect payment for lost or stolen articles. [1979 c.261 4; 1981 c.326 1; 1987 c.397 1]
(1) The Department of Human Services shall adopt a nursing home patients bill of rights consistent with the principles set forth in ORS 441.605. The rules shall be applicable to all residents and as far as practicable shall conform to any federal nursing home patients bill of rights. (2) The department shall periodically review the rules to assure that they meet the principles set forth in ORS 441.605 and that they are in conformity with federal standards but in no case shall the rules be less protective than required by ORS 441.605. (3) The department shall be guided by federal interpretative standards in its enforcement of the nursing home patients bill of rights. [1979 c.261 5; 1987 c.397 2]
(1) The Department of Human Services shall adopt a bill of rights for residents and patients of long term care facilities, as defined in ORS 442.015. The rules shall be applicable to all residents and patients. (2) The rights adopted by the department pursuant to subsection (1) of this section shall be in addition to those rights provided in, or by rule adopted pursuant to, ORS 441.605 and 441.610. (3) The following rights shall be included in the bill of rights adopted by the department pursuant to subsection (1) of this section: (a) A resident or patient of a long term care facility shall have the right to receive care from facility staff trained to provide care that is specific to the residents or patients disease or medical condition; and (b) A resident or patient of a long term care facility shall have the right to receive a modified or special diet that meets the specific requirements of the residents or patients disease or medical condition. [2007 c.556 2] Note: 441.612 was added to and made a part of ORS chapter 441 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
In the administration of ORS 441.600 to 441.625, 441.710 and 441.715, the Department of Human Services shall have the following powers and responsibilities: (1) To inspect any facility and the records of any facility to insure compliance with ORS 441.600 to 441.625, 441.710 and 441.715. (2) To adopt rules in accordance with ORS chapter 183, including but not limited to procedures for investigations and administrative hearings. (3) To file complaints and initiate proceedings for the enforcement of ORS 441.600 to 441.625, 441.710 and 441.715 or of rules adopted under ORS 441.600 to 441.625, 441.710 and 441.715. (4) To issue subpoenas. [1979 c.261 3]
Each facility shall disclose to the resident in writing its legal name and business address, and the name and business address of the administrator of the facility, at the time of admission of a resident. Information required to be disclosed by this section shall be kept current. [1979 c.261 6]
(1) ORS 124.050, 124.080, 410.190, 441.020 to 441.055, 441.060, 441.061, 441.067, 441.073, 441.087, 441.277 to 441.289, 441.303, 441.316, 441.318, 441.331 to 441.341, 441.367, 441.600, 441.610, 441.630, 441.650 to 441.665, 441.685, 441.690, 441.703 and 441.705 to 441.720 address the consolidation of the regulatory functions of licensing, certification, inspection of care, utilization review, abuse reporting and abuse investigation. (2) It is legislative intent that: (a) The Department of Human Services focus administrative effort on the integration and consistent application and interpretation of the regulatory functions at the nursing facility level; (b) Surveys and other reports, especially with respect to client assessment, be consistently and reliably performed throughout the state; (c) Positive and negative findings and sanctions be proportional to the strengths and problems identified, within the limits of federal statute and regulations; and (d) The interpretation of regulatory criteria be independent of influence from budgetary limitations. [1987 c.428 1a; 2001 c.900 229; 2009 c.539 12; 2009 c.792 39] Note: 441.624 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.
No facility, or any person subject to the supervision, direction or control of a facility, shall retaliate against a resident by increasing charges, decreasing services, rights or privileges, or threatening to increase charges or decrease services, rights or privileges, by taking or threatening any action to coerce or compel the resident to leave the facility, or by abusing or threatening to harass or to abuse a resident in any manner, after the resident or the residents legal representative has engaged in exercising rights given under ORS 441.605 or under rules of the Department of Human Services under ORS 441.610. [1979 c.261 7]
As used in ORS 441.630 to 441.680: (1) "Abuse" means: (a) Any physical injury to a resident of a long term care facility which has been caused by other than accidental means. (b) Failure to provide basic care or services, which failure results in physical harm or unreasonable discomfort or serious loss of human dignity. (c) Sexual contact with a resident caused by an employee, agent or other resident of a long term care facility by force, threat, duress or coercion. (d) Illegal or improper use of a residents resources for the personal profit or gain of another person. (e) Verbal or mental abuse as prohibited by federal law. (f) Corporal punishment. (g) Involuntary seclusion for convenience or discipline. (2) "Abuse complaint" means any oral or written communication to the department, one of its agents or a law enforcement agency alleging abuse. (3) "Department" means the Department of Human Services or a designee of the department. (4) "Facility" means a long term care facility, as defined in ORS 442.015. (5) "Law enforcement agency" means: (a) Any city or municipal police department. (b) A police department established by a university under ORS 352.121 or 353.125. (c) Any county sheriffs office. (d) The Oregon State Police. (e) Any district attorney. (6) "Public or private official" means: (a) Physician, including any intern or resident. (b) Licensed practical nurse or registered nurse. (c) Employee of the Department of Human Services, a community developmental disabilities program or a long term care facility or person who contracts to provide services to a long term care facility. (d) Employee of the Oregon Health Authority, local health department or community mental health program. (e) Peace officer. (f) Member of the clergy. (g) Regulated social worker. (h) Physical, speech and occupational therapists. (i) Legal counsel for a resident or guardian or family member of the resident. (j) Elected official of a branch of government of this state or a state agency, board, commission or department of a branch of government of this state or of a city, county or other political subdivision in this state. (k) Personal support worker, as defined in ORS 410.600. (L) Home care worker, as defined in ORS 410.600. [1979 c.770 1; 1981 c.470 7; 1981 c.784 22; 1987 c.428 26; 1989 c.721 53; 1993 c.759 1; 2001 c.104 180; 2009 c.442 41; 2009 c.595 737; 2011 c.506 42; 2013 c.180 46; 2015 c.179 4; 2015 c.736 88; 2017 c.679 41; 2018 c.75 23; 2021 c.251 4]
The Legislative Assembly finds that for the purpose of preventing abuse, safeguarding and enhancing the welfare of residents and assuring the dignity and care to which residents are entitled, it is necessary and in the public interest to require mandatory reports and investigations of allegedly abused residents. [1979 c.770 2; 1993 c.759 2]
(1) The Department of Human Services shall implement the provisions of ORS 441.630 to 441.680 and shall adopt such rules as are reasonably necessary for the enforcement of ORS 441.630 to 441.680. (2) Prior to proceeding with the procedures for notice prescribed under ORS 183.335, the department shall submit any proposed rules to an advisory group consisting of representatives of long term care providers, long term care advocates, relevant licensing boards and the department. The department shall consider and respond to the comments of the advisory group that pertain to any proposed rules before the department adopts the rules. [1993 c.759 10(1),(2); 2017 c.679 42]
(1) Any public or private official having reasonable cause to believe that any resident in a long term care facility with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused a resident in a long term care facility, shall report or cause a report to be made in the manner required in ORS 441.645. (2) A Long Term Care Ombudsman or a designee of the ombudsman is not required to make a report under this section to the extent the report would violate 42 U.S.C. 3058g(d). [1979 c.770 3; 1993 c.759 3; 2017 c.346 1; 2019 c.117 8]
(1) An oral report shall be made immediately by telephone or otherwise to the local office of the area agency on aging or of the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of contact. If known, such reports shall contain the names and addresses of the resident and any persons responsible for the care of the resident, the nature and the extent of the abuse, including any evidence of previous abuse, the explanation given for the abuse and any other information which the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator. (2) When a report is received by the area agency or department, the area agency or the department may notify the law enforcement agency having jurisdiction within the county where the report was made. When a report is received by a law enforcement agency, the agency shall immediately notify the law enforcement agency having jurisdiction if the receiving agency does not and the local office of the area agency or the department in the county where the report was made. [1979 c.770 4; 1985 c.651 4; 1993 c.759 4]
(1) Upon receipt of the oral or written report required under ORS 441.640, 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 residents 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 residents 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, 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 investigators 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]
(1) Anyone participating in good faith in the making of a report pursuant to ORS 441.630 to 441.650 and who has reasonable grounds for the making thereof, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of such report. Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting from such report. (2) Anyone who makes a report pursuant to ORS 441.630 to 441.650 shall not be subjected to any retaliation by any official or employee of a long term care facility for making a report, including but not limited to restriction of otherwise lawful access to the facility or to any resident thereof, or, if an employee, to dismissal or harassment. [1979 c.770 6]
(1) Upon notice by a law enforcement agency that an investigation into abuse is being conducted under ORS 441.650, and without the consent of the named resident or of the named residents caretaker, fiduciary or other legal representative, a health care provider must: (a) Permit the law enforcement agency to inspect and copy, or otherwise obtain, protected health information of the named resident; and (b) Upon request of the law enforcement agency, consult with the agency about the protected health information. (2) A health care provider who in good faith discloses protected health information under this section is not civilly or criminally liable under state law for the disclosure. (3) For purposes of this section: (a) "Health care provider" has the meaning given that term in ORS 192.556. (b) "Protected health information" has the meaning given that term in ORS 192.556. [2012 c.70 8] Note: 441.659 was added to and made a part of 441.630 to 441.680 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) In carrying out its duties under ORS 441.650, the law enforcement agency, the Department of Human Services or the area agency on aging may photograph or cause to have photographed any resident subject of the investigation for purposes of preserving evidence of the condition of the resident at the time of the investigation. (2) Notwithstanding the provisions of ORS 192.311 to 192.478, photographs taken under authority of subsection (1) of this section shall not be considered records. [1979 c.770 7; 1981 c.470 6; 1987 c.428 30; 1993 c.759 8; 2005 c.268 1]
(1) A proper record of reports under ORS 441.640, 441.645 and 441.676 on residents in long term care facilities shall be maintained by the Department of Human Services. Each problem or incident alleged in a report shall be determined to be abuse, other licensing violation or no violation. Each incident of abuse or other licensing violation alleged in a report shall be classified as substantiated, unsubstantiated or unable to substantiate or recorded as under appeal by the facility. (2) All reports shall be cataloged under the name of the long term care facility associated with the complaint. [1979 c.770 8; 1987 c.428 31; 1993 c.759 9]
(1) Notwithstanding the provisions of ORS 192.311 to 192.478, the names of complainants, witnesses and residents, and the reports and records compiled under the provisions of ORS 441.630 to 441.680, are confidential and are not accessible for public inspection. (2) Notwithstanding subsection (1) of this section, the Department of Human Services or the departments designee may, if appropriate, make the names of witnesses and residents, and the reports and records compiled under ORS 441.630 to 441.680, available to: (a) A law enforcement agency; (b) A public agency that licenses or certifies long term care facilities; (c) A public agency that licenses or certifies the persons practicing the healing arts in long term care facilities; (d) The Long Term Care Ombudsman; (e) A public agency that licenses or certifies a person that has abused or is alleged to have abused a resident; (f) A court pursuant to a court order or as provided in ORS 125.012; and (g) An administrative law judge in an administrative proceeding when necessary to provide protective services as defined in ORS 410.040 to a resident, when in the best interests of the resident or when necessary to investigate, prevent or treat abuse of a resident. (3) Information made available under subsection (2) of this section, and the recipient of the information, are otherwise subject to the confidentiality provisions of ORS 441.630 to 441.680. [1981 c.470 2 (enacted in lieu of 441.670); 1993 c.759 11; 2012 c.70 13]
(1) In the case of abuse of a resident in a long term care facility, the privileges created in ORS 40.230 to 40.255, including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated social workers and the spousal privilege, shall not be a ground for excluding evidence regarding a residents abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 441.630 to 441.680. (2) In any judicial proceedings resulting from a report made pursuant to ORS 441.630 to 441.680, either spouse shall be a competent and compellable witness against the other. (3) As used in this section, "abuse" and "facility" have the meanings given those terms in ORS 441.630. [2021 c.323 3] Note: 441.674 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.
In the case of abuse of a resident in a long term care facility, the privileges extended under ORS 40.225 to 40.295 shall not be a ground for excluding evidence regarding the abuse of a resident, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 441.640. [1979 c.770 10; 1983 c.740 158; 1993 c.759 12]
(1) For complaints of licensing violations other than abuse, the Department of Human Services shall cause an investigation to be completed within 90 days of the receipt of the complaint. (2) Except in cases where the investigation is part of nursing facility surveyor activity pursuant to federal law, an investigator investigating a complaint other than a complaint of abuse shall: (a) Make an unannounced visit to the facility, while complying with ORS 441.690; (b) Interview all available witnesses identified by any source as having personal knowledge relevant to the 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 investigators 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. [1993 c.759 6] Note: See note under 441.637.
(1) Within 60 days of receipt of the investigation documents and the written report described in ORS 441.650 (6)(d) and 441.676 (2)(d), but in no case longer than 120 days after an investigation has been commenced pursuant to ORS 441.650 or 441.676, the investigation shall be completed and the Department of Human Services shall prepare a written letter of determination that states the departments determinations concerning each incident or problem alleged in the complaint. The department shall determine whether the alleged incident or problem was substantiated or unsubstantiated or whether the department was unable to substantiate the alleged incident or problem. The department shall adopt by rule definitions for the terms "substantiated," "unsubstantiated" and "unable to substantiate." If the department determines that an incident or problem alleged in the complaint is substantiated, the letter of determination shall state whether the substantiated incident was abuse or violation of another rule. If abuse is substantiated, the letter of determination shall state whether the facility or an individual, or both, was responsible. The department shall adopt by rule criteria for determining responsibility for substantiated abuse. (2) A copy of the letter of determination shall be placed in the facilitys complaint file. Copies shall be sent to the facility, the complainant and the local office of the department. The facility and the complainant receiving the letter of determination shall be given 10 days to respond with additional information and shall be informed of the appeals process. (3) If the department determines that an individual who holds a license or certificate for a health occupation is directly responsible for the abuse, the department shall send a copy of its letter of determination and investigation report to the state agency responsible for licensing or certifying the individual in the health occupation. In instances involving conduct of a nursing assistant, the department shall give the nursing assistant 10 days to respond with additional information. The department also shall notify by mail the nursing assistant implicated in the investigation of: (a) The nature of the allegations; (b) The date and time of occurrence; (c) The right to a contested case hearing conducted in accordance with ORS chapter 183; (d) The departments obligation to report the substantiated findings in the registry maintained under ORS 441.678 after the nursing assistant has had an opportunity for a contested case hearing; and (e) The fact that the nursing assistants failure to request a contested case hearing within 30 days from the date of the notice will result in the departments reporting the substantiated findings in the registry maintained under ORS 441.678. (4) Notice sent to the nursing assistants last-known address is sufficient to meet the requirements of subsection (3) of this section. [1993 c.759 7; 2009 c.72 1; 2014 c.104 3] Note: See note under 441.637.
(1) If a nursing assistant found by the Department of Human Services to be responsible for abuse does not respond to the department within 30 days after notice of the opportunity for a contested case hearing, the department shall place the abuse finding in the registry maintained under this section. (2) If a nursing assistant is found to be responsible for abuse, the nursing assistant is entitled to a contested case hearing under ORS chapter 183. Upon a finding of abuse in a final order, the department shall place the finding in the registry maintained under this section. (3) The department shall maintain a nursing assistant registry that contains, at a minimum, the information required by 42 C.F.R. 483.156. [1993 c.759 16; 2001 c.900 174; 2009 c.72 2] Note: See note under 441.637.
(1) Before employing a registered nurse, licensed practical nurse or nursing assistant, a long term care facility shall contact the Oregon State Board of Nursing and inquire whether the person is currently licensed or certified by the board and whether there has been any disciplinary action against the person or substantiated abuse findings against a nursing assistant. (2) A facility shall not employ or retain in employment any person found by a court of law to have abused, neglected or mistreated a person receiving long term care services, nor shall a facility employ or retain in employment any nursing assistant against whom a finding of resident abuse has been entered into the registry maintained under ORS 441.678. [1993 c.759 15; 2009 c.72 3] Note: See note under 441.637.
A resident who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for this reason alone, not be considered an abused resident within the meaning of ORS 441.630 to 441.680. [1979 c.770 11; 1993 c.759 13; 2017 c.679 43]
(1) Upon receipt of a report under ORS 441.645 to 441.680 or upon receipt of a complaint by a resident or legal guardian of a resident, or other public or private official, as defined in ORS 441.630 by the Department of Human Services, the Director of Human Services may designate monitors who shall observe the activities of the facility and report to the director. The monitors may be designated without prior notice to the operator or owner of the facility. The monitors shall observe the operations of the facility for a period of not to exceed 10 days, assist the facility by advising it on how to comply with state requirements and shall submit a written report periodically to the director on the operation and condition of the facility. (2) The monitors shall have access to the facilities to the extent necessary to carry out their duties. The monitors shall also have access to all records pertaining to the operation of the facility. (3) Upon completion of their investigations, the monitors shall file a final report with the director and may: (a) Find that problems in the facility have been resolved and recommend that further action by the department is unnecessary; (b) Find that the problems in the facility are continuing but the facility owner, operator or other controlling person can resolve them within a period of not more than three months, and that during the three-month period the health and welfare of the residents of the facility are not jeopardized thereby; or (c) Find that the problems of the facility have not been resolved and the department should take steps to obtain compliance with resident care standards and continue monitoring for an additional period. (4) Associations representing long term care facilities may initiate a peer review process for any facility that is a member of the association and that is the subject of any complaint filed against it under ORS 441.630 to 441.685, 678.155 and 678.445 or any other provision of law. The report of the peer review process shall be submitted to the department. The peer review described in this subsection is in addition to and not in lieu of any other investigation, observation or report of the monitors otherwise required or authorized by ORS 441.630 to 441.685, 678.155 and 678.445. The association and persons conducting the peer review process acting in good faith shall not be subject to an action for civil damages as a result thereof. (5) As used in this section: (a) "Department" means the Department of Human Services. (b) "Director" means the Director of Human Services. (c) "Facility" means a long term care facility as defined in ORS 442.015. (d) "Monitor" means an agent of the director designated by the director to observe the operation of a facility. [1979 c.770 12,13; 1987 c.428 32; 1993 c.759 14; 2001 c.900 175]
Upon the request of any person filing a complaint to be investigated by the Department of Human Services against a long term care facility, as defined in ORS 442.015, or against a residential care facility, as defined in ORS 443.400, the complainant or a designee thereof, or both, shall be allowed to accompany an investigator to the site of the alleged violation. [1981 c.241 1; 1987 c.428 33; 1987 c.548 6; 2001 c.900 176]
In investigating all complaints under ORS 441.690, the investigator shall: (1) Interview all available witnesses identified by any sources as having personal knowledge relevant to the complaint; (2) Make personal inspection of all physical circumstances that are relevant and material to the complaint and which are susceptible of objective observation; (3) Not decline to interview a witness or consider the testimony of the witness solely because the witness is neither a health care professional nor an employee of the facility; and (4) Write a report which includes: (a) The investigators personal observations; (b) A review of documents and records; (c) A summary of all witness statements; and (d) A statement of the basis for the finding. [1981 c.241 2]
(1) When a resident of a long term care facility has the opportunity for an unscheduled therapeutic leave that would be precluded by the lack of an available pharmacist to dispense drugs prescribed by a licensed practitioner, a registered nurse designated by the facility who agrees to such designation may provide the resident or a responsible person with up to a 72-hour supply of a prescribed drug or drugs for use during that leave from the residents previously dispensed package of such drugs. (2) The drugs shall only be provided in accordance with protocols developed by the pharmaceutical services committee of the long term facility and the protocol shall be available for inspection. These protocols shall include the following: (a) Criteria as to what constitutes an unscheduled therapeutic leave requiring the provision of drugs by the registered nurse or consultant or staff pharmacist; (b) Procedures for repackaging and labeling the limited supply of previously dispensed drugs by the designated registered nurse that comply with all state and federal laws concerning the packaging and labeling of drugs; (c) Provision to assure that none of the medication provided to the resident or responsible person may be returned to the residents previously dispensed package of such drug or to the facilitys stock; and (d) A record-keeping mechanism that provides for the maintenance of a permanent log that includes the following information: (A) The name of the person to whom the drug was provided; (B) The drug and quantity provided; (C) The date and time that the request for the drug was made; (D) The date and time that the drug was provided; (E) The name of the registered nurse who provided the drug; and (F) The conditions or circumstances that precluded a pharmacist from providing the drug. [1987 c.205 1] Note: 441.697 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.
(1) Long term care facilities, as defined in ORS 442.015, and residential care facilities, as defined in ORS 443.400, subject to ORS 441.605 (11), shall permit individuals and representatives of community service organizations, including community legal services programs, whose purpose is rendering service without charge to residents, to have full and free access to the facility during reasonable visiting hours to: (a) Visit, talk with and make personal, social and legal services available to all residents. (b) Inform residents of their rights and entitlements, and their corresponding obligations, under federal and state laws by means of distribution of educational materials and discussion in groups and with individual residents. (c) Assist residents in asserting their rights regarding claims for public assistance, medical assistance and Social Security benefits and other rights. Assistance may be provided individually, as well as on a group basis. (d) Engage in all other methods of assisting, advising and representing residents so as to extend to them the full enjoyment of their rights. (2) A resident retains the right to refuse contact by any individual or group having access to the facility under this section. (3) As used in this section, "full and free access" means access to the fullest extent possible without undue adverse interference on the operation of the facility. [1981 c.99 1; 1987 c.548 7]
(1) Except as provided in subsection (2) of this section, the Department of Human Services shall maintain a listing of all long term care facilities, as defined in ORS 442.015, by name and address and for each indicating: (a) The complaint file number. (b) The category of the complaint, whether staffing, food, patient care or other. (c) A brief description of the complaint. (d) The departments finding. (e) Action taken by the department. (f) Fines assessed, if any. (g) Fines paid, if any. (2) The department shall maintain a separate listing of all complaints it considers unsupported by findings indicating the information required by subsection (1)(a) to (d) of this section. (3) The information described in subsections (1) and (2) of this section shall be noted in summary form on annual cover sheets for the file on a particular facility. The cover sheets shall not contain any of the information made confidential under ORS 441.671. Copies of the cover sheets shall be made available to the public at cost on request. Upon such request, the department shall provide only copies of the cover sheets described in subsection (1) of this section unless the information described in subsection (2) of this section is specifically requested. (4) The listing maintained pursuant to subsection (1) of this section shall contain the following notice: ______________________________________________________________________________ NOTICE: This cover sheet does not contain information on complaints that the Department of Human Services considers unsupported by findings or on complaints still under investigation by the department. The department will make information regarding such complaints available upon request. ______________________________________________________________________________ (5) The department shall provide a written explanation summarizing the complaint system with each copy of a cover sheet provided under subsection (3) of this section. [1981 c.721 1; 1987 c.428 34]
As used in ORS 441.705 to 441.745: (1) "Direct patient care or feeding" means any care provided directly to or for any patient related to that patients physical, medical and dietary well-being as defined by rules of: (a) The Department of Human Services when the facility is a long term care facility, as defined in ORS 442.015, or a residential care facility, residential training facility or residential training home; and (b) The Oregon Health Authority if the facility is a residential treatment facility or a residential treatment home. (2) "Person" means a licensee of a long term care facility, a residential care facility, a residential training facility, a residential treatment facility, a residential training home or a residential treatment home, or an unlicensed person who the Director of Human Services finds should be licensed to operate a long term care facility, a residential care facility, a residential training facility or a residential training home, or an unlicensed person who the Director of the Oregon Health Authority finds should be licensed to operate a residential treatment facility or residential treatment home. "Person" does not mean an employee of a licensee or unlicensed person who the Director of Human Services or the Director of the Oregon Health Authority finds should be licensed. (3) "Residential care facility," "residential training facility," "residential training home," "residential treatment facility" and "residential treatment home" have the meanings given those terms in ORS 443.400. (4) "Staff to patient ratio" means the number and training of persons providing direct patient care as defined in rules of the: (a) Department if the facility is a long term care facility, a residential care or residential training facility or a residential training home; or (b) Authority if the facility is a residential treatment facility or a residential treatment home. [1975 c.328 9; 1977 c.261 7; 1987 c.428 35; 2001 c.900 177; 2003 c.14 256; 2009 c.595 738; 2021 c.392 6] Note: 441.705 to 441.745 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1)(a) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty on a person pursuant to ORS 441.731 for any of the following: (A) Violation of any of the terms or conditions of a license issued under ORS 441.015 to 441.087, 441.525 to 441.595, 441.815, 441.820, 441.990, 442.342, 442.344 and 442.400 to 442.463 for a long term care facility, as defined in ORS 442.015. (B) Violation of ORS 441.630 to 441.680. (C) Violation of any rule or general order of the Department of Human Services that pertains to a long term care facility. (D) Violation of any final order of the director that pertains specifically to the long term care facility owned or operated by the person incurring the penalty. (E) Violation of ORS 441.605 or of rules required to be adopted under ORS 441.610. (F) Violation of ORS 443.880 or 443.881 if the facility is a residential care facility. (b) In addition to any other liability or penalty provided by law, the director may impose a civil penalty on a residential training facility or residential training home for violation of ORS 443.880 or 443.881. The director shall prescribe a reasonable time for elimination of a violation by a residential training facility or residential training home: (A) Not to exceed 30 days after first notice of a violation; or (B) In cases where the violation requires more than 30 days to correct, such time as is specified in a plan of correction found acceptable by the director. (2) In addition to any other liability or penalty provided by law, the Director of the Oregon Health Authority may impose a civil penalty on a person for a violation of ORS 443.880 or 443.881 if the facility is a residential treatment facility or a residential treatment home. (3) The Director of Human Services may not impose a penalty under subsection (1) of this section for violations other than those involving direct patient care or feeding, an adequate staff to patient ratio, sanitation involving direct patient care or a violation of ORS 441.605 or 443.880 or 443.881 or of the rules required to be adopted by ORS 441.610 unless a violation is found on two consecutive surveys of a long term care facility. (4) The Director of the Oregon Health Authority may not impose a penalty under subsection (2) of this section for violations other than those involving direct patient care or feeding, an adequate staff to patient ratio, sanitation involving direct patient care or a violation of ORS 443.880 or 443.881. The director in every case shall prescribe a reasonable time for elimination of a violation: (a) Not to exceed 30 days after first notice of a violation; or (b) In cases where the violation requires more than 30 days to correct, such time as is specified in a plan of correction found acceptable by the director. [1975 c.328 1; 1977 c.261 8; 1979 c.261 8; 1983 c.740 159; 1987 c.428 36; 1991 c.413 4; 2009 c.595 739; 2011 c.9 61; 2017 c.679 7] Note: See note under 441.705.
(1) Any civil penalty under ORS 441.710 shall be imposed in the manner provided by ORS 183.745. (2) Notwithstanding ORS 183.745, the person to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application for a hearing before: (a) The Director of Human Services if the facility is a long term care facility, residential care facility, residential training facility or residential training home; or (b) The Director of the Oregon Health Authority if the facility is a residential treatment facility or residential treatment home. [1977 c.261 6; 1987 c.428 37; 1991 c.734 23; 2003 c.14 257; 2009 c.595 740] Note: See note under 441.705.
(1) The Director of Human Services shall impose civil penalties under ORS 441.710 (1) on a residential care facility or a long term care facility pursuant to ORS 441.731. (2) After public hearing, the Director of Human Services by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under ORS 441.710 (1) on residential training facilities and residential training homes. However, the civil penalty may not exceed $500 for each violation, except as otherwise provided in this section or as otherwise required by federal law. (3) The Director of the Oregon Health Authority by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under ORS 441.710 (2) on residential treatment facilities or residential treatment homes. However, the civil penalty may not exceed $500 for each violation, except as otherwise provided in this section or as otherwise required by federal law. (4) Notwithstanding the limitations on the civil penalty in subsections (2) and (3) of this section, for any violation by a residential training facility, residential training home, residential treatment facility or residential treatment home involving direct resident care or feeding, an adequate staff to resident ratio or sanitation involving direct resident care, a penalty may be imposed for each day the violation occurs in an amount not to exceed $500 per day or as otherwise required by federal law. [1975 c.328 2; 1977 c.261 9; 1979 c.261 9; 1987 c.428 38; 1993 c.759 17; 2009 c.595 741; 2009 c.828 85; 2014 c.104 10; 2017 c.679 8] Note: See note under 441.705.
A civil penalty imposed under ORS 441.710 may be remitted or reduced upon such terms and conditions as the Director of the Oregon Health Authority or the Director of Human Services considers proper and consistent with the public health and safety. [1975 c.328 3; 1987 c.428 39; 2009 c.595 742] Note: See note under 441.705.
(1) In regulating residential care facilities and long term care facilities, the Department of Human Services shall prioritize the health, welfare, safety and rights of residents. (2) The department may, as appropriate, use a progressive enforcement process that employs a series of actions to encourage and compel compliance with licensing regulations through the application of preventive, positive and progressively more restrictive strategies. Preventive and positive strategies are strategies that include but are not limited to technical assistance, corrective action plans, training and consultation. (3) This section does not restrict the ability of the department to use more restrictive strategies when necessary to achieve substantial compliance or to protect the health, welfare, safety and rights of residents, including by imposing license conditions under ORS 441.736 or, for residential care facilities, taking additional steps dictated by the framework established under ORS 443.436. [2017 c.679 3; 2021 c.392 3] Note: See note under 441.705.
(1) The Director of Human Services may impose a civil penalty under ORS 441.710 on a residential care facility or a long term care facility pursuant to this section. (2)(a) When imposing a civil penalty on a residential care facility or a long term care facility pursuant to this section, the director shall consider: (A) Any prior violations of laws or rules pertaining to the facility and, as a mitigating factor, whether violations were incurred under prior ownership or management of the facility. (B) The financial benefits, if any, realized by the facility as a result of the violation. (C) The facilitys past history of correcting violations and preventing the recurrence of violations. (D) The severity and scope of the violation as described in paragraphs (b) and (c) of this subsection. (b) The director shall assess the severity of a violation using the following criteria: (A) Level 1 is a violation that results in no actual harm or in potential for only minor harm. (B) Level 2 is a violation that results in minor harm or potential for moderate harm. (C) Level 3 is a violation that results in moderate harm or potential for serious harm. (D) Level 4 is a violation that results in serious harm or death. (c) The director shall assess the scope of a violation using the following criteria: (A) An isolated violation occurs when one or a very limited number of residents or employees are affected or a very limited area or number of locations within a facility are affected. (B) A pattern violation occurs when more than a very limited number of residents or employees are affected, or the situation has occurred in more than a limited number of locations but the locations are not dispersed throughout the facility. (C) A widespread violation occurs when the problems causing the deficiency are pervasive and affect many locations throughout the facility or represent a systemic failure that affected, or has the potential to affect, a large portion or all of the residents or employees. (d) As used in this subsection: (A)(i) "Financial loss" means loss of resident property or money as a result of financial exploitation as that term is defined in ORS 124.050. (ii) "Financial loss" does not include loss of resident property or money that results from action or inaction of an individual not employed or contracted with the facility, or that arises from the action or inaction of an individual employed or contracted with the facility if the action or inaction occurs while the individual is not performing employment or contractual duties. (B) "Harm" means a measurable negative impact to a residents physical, mental, financial or emotional well-being. (C) "Minor harm" means harm resulting in no more than temporary physical, mental or emotional discomfort or pain without loss of function, or in financial loss of less than $1,000. (D) "Moderate harm" means harm resulting in temporary loss of physical, mental or emotional function, or in financial loss of $1,000 or more, but less than $5,000. (E) "Serious harm" means harm resulting in long-term or permanent loss of physical, mental or emotional function, or in financial loss of $5,000 or more. (3)(a) The director may impose civil penalties as follows: (A) For a level 1 violation, the director may not impose a civil penalty. (B) For a level 2 violation, the director may impose a penalty in an amount no less than $250 per violation, not to exceed $500 per violation. (C) For a level 3 violation, the director may impose a civil penalty in an amount no less than $500 per violation, not to exceed $1,500 per violation. (D) For a level 4 violation, the director may impose a civil penalty in an amount no less than $1,500 per violation, not to exceed $2,500 per violation. (E) For a failure to report abuse of a resident to the Department of Human Services as required by state law, the director may impose a civil penalty in an amount no more than $1,000 per violation. (b) The penalties imposed under paragraph (a)(A) to (D) of this subsection may not exceed $20,000 in the aggregate for violations occurring in a single residential care facility or long term care facility within any 90-day period. (c) In imposing civil penalties under this subsection, the director may take into account the scope of the violation. (4)(a) If the department investigates and makes a finding of abuse in a residential care facility or long term care facility arising from deliberate or other than accidental action or inaction that is likely to cause a negative outcome by a person with a duty of care toward a resident of a residential care facility or long term care facility and if the abuse resulted in the death, serious injury, rape or sexual abuse of a resident, the director shall impose a civil penalty on the facility of not less than $2,500 and not more than $15,000 for each occurrence of substantiated abuse, not to exceed $40,000 for all violations occurring in a facility within any 90-day period. (b) As used in this subsection: (A) "Negative outcome" includes serious injury, rape, sexual abuse or death. (B) "Rape" means rape in the first degree as defined in ORS 163.375, rape in the second degree as defined in ORS 163.365 and rape in the third degree as defined in ORS 163.355. (C) "Serious injury" means physical injury that creates a substantial risk of death or that causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ. (D) "Sexual abuse" means any form of sexual contact between an employee of a residential care facility or a long term care facility or a person providing services in the facility and a resident of that facility, including but not limited to sodomy, sexual coercion, sexually explicit photographing and sexual harassment. (5) When imposing penalties under this section for a violation that qualifies as abuse under state law and results in less than serious harm as defined in subsection (2) of this section, the director shall reduce the penalty by not less than 25 percent if the facility self-reported the abuse to the department. (6) The department shall identify and track the number of abuse violations that are reported to the department by a facility and compile statistics on the rate of self-reporting by facilities as compared to abuse complaints from other sources. (7)(a) When the director notifies a facility of a violation for which a penalty may be imposed under this section, the director shall describe in the notice the specific remediations that the facility must make to achieve substantial compliance regarding the violation. In the notice, the director shall prescribe a reasonable time for elimination of the violation: (A) Not to exceed 30 days after first notice of a violation; or (B) In cases where the violation requires more than 30 days to correct, such time as is specified in a plan of correction found acceptable by the director. (b) The director shall hold in abeyance a penalty for a level 2 violation or level 3 violation for the period prescribed under paragraph (a) of this subsection. If the facility achieves substantial compliance as described in the notice required under paragraph (a) of this subsection within the prescribed time period, the director shall withdraw some or all of the penalty. (c) As used in this subsection, "substantial compliance" means a level of compliance with state law and with rules of the department such that any identified deficiencies pose a risk of no more than negligible harm to the health or safety of residents of a facility. [2017 c.679 4] Note: See note under 441.705.
(1) As used in this section: (a) "Immediate jeopardy" means a situation in which the failure of a residential care facility or a long term care facility to comply with a rule of the Department of Human Services has caused or is likely to cause serious injury, serious harm, serious impairment or death to a resident. (b) "License condition" includes but is not limited to: (A) Restricting the total number of residents; (B) Restricting the number and impairment level of residents based upon the capacity of the licensee and staff to meet the health and safety needs of all residents; (C) Requiring additional staff or staff qualifications; (D) Requiring additional training for staff; (E) Requiring additional documentation; or (F) Restriction of admissions. (c) "Substantial compliance" means a level of compliance with state law and with rules of the department such that any identified deficiencies pose a risk of no more than negligible harm to the health or safety of residents of a residential care facility or a long term care facility. (2)(a) The department may impose a condition on the license of a residential care facility or long term care facility in response to a substantiated finding of rule violation, including but not limited to a substantiated finding of abuse, and shall impose a condition on the license in response to a finding of immediate jeopardy, whether or not the finding of immediate jeopardy is substantiated at the time the license condition is imposed. (b) The department shall impose a license condition in a scope and manner that is specifically designed to remediate the finding that led to the license condition. (c) If the department imposes a license condition in response to a finding of immediate jeopardy to residents of the facility, and the finding of immediate jeopardy to residents of the facility is not substantiated within 30 days after the imposition of the license condition, the department shall immediately remove the license condition. (d)(A) Except as provided in subparagraph (B) of this paragraph, the department shall provide a facility with a notice of impending imposition of license condition at least 48 hours before issuing an order imposing a license condition. The notice must: (i) Describe the acts or omissions of the facility and the circumstances that led to the substantiated finding of rule violation or finding of immediate jeopardy supporting the imposition of the license condition; (ii) Describe why the acts or omissions and the circumstances create a situation for which the imposition of a license condition is warranted; (iii) Provide a brief statement identifying the nature of the license condition; (iv) Provide a brief statement describing how the license condition is designed to remediate the circumstances that led to the license condition; and (v) Provide a brief statement of the requirements for withdrawal of the license condition. (B) If the threat to residents of a facility is so imminent that the department determines it is not safe or practical to give the facility advance notice, the department must provide the notice required under this paragraph within 48 hours of issuing an order imposing the license condition. (e) An order imposing a license condition must include: (A) A specific description of how the scope and manner of the license condition is designed to remediate the findings that led to the license condition; and (B) A specific description of the requirements for withdrawal of the license condition. (3) The department may impose a license condition that includes a restriction on admissions to the facility only if the department makes a finding of immediate jeopardy that is likely to present an immediate jeopardy to future residents upon admission. (4)(a) Following the imposition of a license condition on a facility, the department shall: (A) Within 15 business days of receipt of the facilitys written assertion of substantial compliance with the requirements set forth by the department for withdrawal of the license condition, reinspect or reevaluate the facility to determine whether the facility has achieved substantial compliance with the requirements; (B) Notify the facility by telephone or electronic means of the findings of the reinspection or reevaluation within five business days after completion of the reinspection or reevaluation; and (C) Issue a written report to the facility within 30 days after the reinspection or reevaluation notifying the facility of the departments determinations regarding substantial compliance with the requirements necessary for withdrawal of the license condition. (b) If the department finds that the facility has achieved substantial compliance regarding the violation for which the license condition was imposed, and finds that systems are in place to ensure similar deficiencies do not reoccur, the department shall withdraw the license condition. (c) If after reinspection or reevaluation the department determines that the violation for which the license condition was imposed continues to exist, the department may not withdraw the license condition, and the department is not obligated to reinspect or reevaluate the facility again for 45 days after the first reinspection or reevaluation. The department shall provide the decision not to withdraw the license condition to the facility in writing and inform the facility of the right to a contested case hearing pursuant to ORS chapter 183. Nothing in this paragraph limits the departments authority to visit or inspect the facility at any time. (d) If the department does not meet the requirements of this subsection, a license condition is automatically removed on the date the department failed to meet the requirements of this subsection, unless the Director of Human Services extends the applicable period for no more than 15 business days. The director may not delegate the power to make a determination regarding an extension under this paragraph. [2017 c.679 5; 2021 c.392 4] Note: See note under 441.705.
Judicial review of civil penalties imposed under ORS 441.710, shall be as provided under ORS 183.480, except that the court may, in its discretion, reduce the amount of the penalty. [1975 c.328 7] Note: See note under 441.705.
All penalties recovered under ORS 441.710 to 441.740 shall be deposited in the Quality Care Fund established in ORS 443.001. [1975 c.328 8; 2009 c.837 22; 2017 c.679 44] Note: See note under 441.705. Note: Sections 2 and 6, chapter 616, Oregon Laws 2021, provide: Sec. 2. (1) As used in this section: (a) "Emergency medical services provider" has the meaning given that term in ORS 682.025. (b) "Local government" has the meaning given that term in ORS 174.116. (c) "Long term care facility" has the meaning given that term in ORS 442.015. (d) "Residential care facility" has the meaning given that term in ORS 443.400. (2) The governing body of a local government may not enact or enforce any charter provision, ordinance, resolution or other regulation that: (a) Regulates the care or services and supports provided to a patient or resident of a long term care facility or residential care facility, that are subject to regulation by the Department of Human Services under state or federal law, or pursuant to rules adopted by the department; or (b) Imposes fees or other requirements that apply exclusively to long term care facilities or residential care facilities and are not generally applicable to business entities operating within the jurisdiction of the local government. (3) Subsection (2) of this section does not apply to: (a) Local government authority provided by state law, including but not limited to a local public health authority; or (b) Laws that impose a fine, fee, charge or sanction against long term care facilities or residential care facilities that contact an emergency medical services provider to provide lift assist services to a resident who has fallen and who the long term care facility or residential care facility knows, or reasonably should have known, does not require the services of an emergency medical services provider. [2021 c.616 2] Sec. 6. Sections 1 and 2 of this 2021 Act are repealed on January 2, 2027. [2021 c.616 6]
(1) Any hospital which treats as a patient a person under 18 years of age because the person has attempted to commit suicide: (a) Shall cause that person to be provided with information and referral to inpatient or outpatient community resources, crisis intervention or other appropriate intervention by the patients attending physician, hospital social work staff or other appropriate staff. (b) Shall report statistical information to the Oregon Health Authority about the person described in this subsection but is not required to report the name of the person. (2) Any disclosure authorized by this section or any unauthorized disclosure of information or communications made privileged and confidential by this section shall not in any way abridge or destroy the confidential or privileged character thereof except for the purposes for which any authorized disclosure is made. Any person making a disclosure authorized by this section shall not be liable therefor, notwithstanding any contrary provisions of law. (3) No physician, hospital or hospital employee shall be held criminally or civilly liable for action pursuant to this section, provided the physician, hospital or hospital employee acts in good faith on probable cause and without malice. [1987 c.189 1; 2009 c.595 743] Note: 441.750 and 441.755 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) The Oregon Health Authority shall prescribe a form to be used by hospitals to make the report required by ORS 441.750 (1)(b) and shall prescribe the frequency of such reports. (2) The report form may include the name of the hospital reporting, the date of birth, race and sex of person described in subsection (1) of this section, the suicide method used by the person and known prior attempts in the past 12 months. (3) The authority shall compile the results from the reports and report the results to the public. [1987 c.189 2; 2009 c.595 744] Note: See note under 441.750.
(1) As used in this section: (a) "Hospital" has the meaning given that term in ORS 442.015. (b) "Inhalant delivery system" has the meaning given that term in ORS 431A.175. (2) The administrator or person in charge of a hospital may not permit a person to smoke tobacco or use an inhalant delivery system in a manner that creates an aerosol or vapor: (a) In the hospital; or (b) Within 10 feet of a doorway, open window or ventilation intake of the hospital. (3) The Director of the Oregon Health Authority may impose a civil penalty of not more than $500 per day on a person for violation of subsection (2) of this section. Civil penalties imposed against a person under this subsection may not exceed $2,000 in any 30-day period. Civil penalties imposed under this subsection shall be imposed in the manner provided by ORS 183.745. (4) The Oregon Health Authority may adopt rules necessary for the administration of this section. [Formerly 441.515; 1977 c.173 1; 1983 c.740 160; 2007 c.602 8; 2009 c.595 745; 2015 c.158 23]
(1) Subject to subsection (2) of this section, from October 1 through March 1 of each year, each hospital in this state shall make an offer to each patient of the hospital who is 65 years of age or older to immunize the patient against the influenza virus, provided that immunization against the influenza virus is not contraindicated for that patient. (2) Offers made under subsection (1) of this section must be based on: (a) The availability of the influenza vaccine at the time the offer is made; and (b) Any applicable recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention. (3) The Oregon Health Authority may adopt rules to implement this section. [2015 c.496 2]
(1) When a health care facility restricts or terminates the privileges of a physician to practice medicine at that facility, it shall promptly report, in writing, to the Oregon Medical Board all the facts and circumstances that resulted in the restriction or termination. (2) A health care facility which reports or provides information to the Oregon Medical Board under this section and which provides information in good faith shall not be subject to an action for civil damages as a result thereof. [1977 c.448 7]
(1) A governing body of a hospital licensed under ORS 441.015 to 441.087 may require all members of its medical staff to: (a) Provide evidence of professional medical liability insurance in a reasonable amount as specified by the hospital governing board; (b) Post a bond in lieu of evidence of professional medical liability insurance in a reasonable amount as specified by the hospital governing board; or (c) Demonstrate annually financial responsibility for a reasonable amount as specified by the hospital governing board. (2) As used in this section: (a) "Medical staff" includes those individuals licensed by this state under ORS chapter 677 and granted privileges to practice in the hospital by the hospital governing board. (b) "Professional medical liability insurance" means casualty insurance against legal liability for death, injury or disability of a human being arising from any medical, surgical or dental treatment, omission or operation. [1977 c.449 1; 1981 c.377 1] Note: 441.825 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.
[1991 c.774 1,2; renumbered 676.300 in 2003]
(1) Violation of ORS 441.015 (1) is a Class B violation. Each day of continuing violation after a first conviction shall be considered a subsequent violation. (2) Any person who willfully prevents, interferes with, or attempts to impede in any way the work of any duly authorized representative of the Department of Human Services in the lawful carrying out of the provisions of ORS 441.087 (1) commits a Class C misdemeanor. (3) The removal of the notice required by ORS 441.030 (4) by any person other than an official of the department is a Class C misdemeanor. (4) Any person who, after being excluded by a trustee pursuant to ORS 441.289 (16), remains upon the premises of a facility or returns to a facility violates ORS 164.245. (5) In addition to the penalties under this section, the Oregon Health Authority, the Department of Human Services or the Department of Consumer and Business Services may assess civil penalties against any health care facility or health maintenance organization under ORS 441.030 or for a violation of ORS 441.015 (1). A civil penalty imposed under this section may not exceed $5,000. (6) Civil penalties under this section shall be imposed in the manner provided by ORS 183.745. (7) Civil penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund for general governmental purposes. [Subsection (2) enacted as 1971 c.166 2; subsection (3) enacted as 1975 c.294 4; 1977 c.173 2; 1977 c.582 48; 1987 c.428 41; 1989 c.171 56; 1999 c.1051 183; 2001 c.900 178; 2007 c.602 9; 2009 c.539 13; 2009 c.595 746; 2009 c.792 62; 2011 c.597 197]
If the Health Licensing Office or the appropriate health professional regulatory board takes disciplinary action under ORS 441.099, 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 (2), (3), (4) or (5). [2013 c.552 3] Note: 441.991 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.
(1) In addition to any other penalty or remedy provided by law, the Oregon Health Authority may impose a civil penalty of up to $10,000 for each violation of ORS 441.048 or 441.049. (2) Moneys received under this section shall be paid into the General Fund. (3) Civil penalties shall be imposed as provided in ORS 183.745. [2020 s.s.1 c.20 3] Note: 441.992 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.
There is created in the Oregon Health Authority the Health Policy and Analytics Division. The Director of the Health Policy and Analytics Division shall be appointed by the Director of the Oregon Health Authority. The Director of the Health Policy and Analytics Division shall be an individual with demonstrated proficiency in planning and managing programs with complex public policy and fiscal aspects such as those involved in the medical assistance program. [1993 c.725 33; 1997 c.683 16; 2001 c.69 1; 2003 c.784 5; 2007 c.697 14,15; 2009 c.595 747,748; 2011 c.720 197; 2017 c.384 2]
As used in ORS chapter 441 and this chapter, unless the context requires otherwise: (1) "Acquire" or "acquisition" means obtaining equipment, supplies, components or facilities by any means, including purchase, capital or operating lease, rental or donation, for the purpose of using such equipment, supplies, components or facilities to provide health services in Oregon. When equipment or other materials are obtained outside of this state, acquisition is considered to occur when the equipment or other materials begin to be used in Oregon for the provision of health services or when such services are offered for use in Oregon. (2) "Affected persons" has the same meaning as given to "party" in ORS 183.310. (3)(a) "Ambulatory surgical center" means a facility or portion of a facility that operates exclusively for the purpose of providing surgical services to patients who do not require hospitalization and for whom the expected duration of services does not exceed 24 hours following admission. (b) "Ambulatory surgical center" does not mean: (A) Individual or group practice offices of private physicians or dentists that do not contain a distinct area used for outpatient surgical treatment on a regular and organized basis, or that only provide surgery routinely provided in a physicians or dentists office using local anesthesia or conscious sedation; or (B) A portion of a licensed hospital designated for outpatient surgical treatment. (4) "Delegated credentialing agreement" means a written agreement between an originating-site hospital and a distant-site hospital that provides that the medical staff of the originating-site hospital will rely upon the credentialing and privileging decisions of the distant-site hospital in making recommendations to the governing body of the originating-site hospital as to whether to credential a telemedicine provider, practicing at the distant-site hospital either as an employee or under contract, to provide telemedicine services to patients in the originating-site hospital. (5) "Develop" means to undertake those activities that on their completion will result in the offer of a new institutional health service or the incurring of a financial obligation, as defined under applicable state law, in relation to the offering of such a health service. (6) "Distant-site hospital" means the hospital where a telemedicine provider, at the time the telemedicine provider is providing telemedicine services, is practicing as an employee or under contract. (7) "Expenditure" or "capital expenditure" means the actual expenditure, an obligation to an expenditure, lease or similar arrangement in lieu of an expenditure, and the reasonable value of a donation or grant in lieu of an expenditure but not including any interest thereon. (8) "Extended stay center" means a facility licensed in accordance with ORS 441.026. (9) "Freestanding birthing center" means a facility licensed for the primary purpose of performing low risk deliveries. (10) "Governmental unit" means the state, or any county, municipality or other political subdivision, or any related department, division, board or other agency. (11) "Gross revenue" means the sum of daily hospital service charges, ambulatory service charges, ancillary service charges and other operating revenue. "Gross revenue" does not include contributions, donations, legacies or bequests made to a hospital without restriction by the donors. (12)(a) "Health care facility" means: (A) A hospital; (B) A long term care facility; (C) An ambulatory surgical center; (D) A freestanding birthing center; (E) An outpatient renal dialysis facility; or (F) An extended stay center. (b) "Health care facility" does not mean: (A) A residential facility licensed by the Department of Human Services or the Oregon Health Authority under ORS 443.415; (B) An establishment furnishing primarily domiciliary care as described in ORS 443.205; (C) A residential facility licensed or approved under the rules of the Department of Corrections; (D) Facilities established by ORS 430.335 for treatment of substance abuse disorders; or (E) Community mental health programs or community developmental disabilities programs established under ORS 430.620. (13) "Health maintenance organization" or "HMO" means a public organization or a private organization organized under the laws of any state that: (a) Is a qualified HMO under section 1310(d) of the U.S. Public Health Services Act; or (b)(A) Provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services: (i) Usual physician services; (ii) Hospitalization; (iii) Laboratory; (iv) X-ray; (v) Emergency and preventive services; and (vi) Out-of-area coverage; (B) Is compensated, except for copayments, for the provision of the basic health care services listed in subparagraph (A) of this paragraph to enrolled participants on a predetermined periodic rate basis; and (C) Provides physicians services primarily directly through physicians who are either employees or partners of such organization, or through arrangements with individual physicians or one or more groups of physicians organized on a group practice or individual practice basis. (14) "Health services" means clinically related diagnostic, treatment or rehabilitative services, and includes alcohol, drug or controlled substance abuse and mental health services that may be provided either directly or indirectly on an inpatient or ambulatory patient basis. (15) "Hospital" means: (a) A facility with an organized medical staff and a permanent building that is capable of providing 24-hour inpatient care to two or more individuals who have an illness or injury and that provides at least the following health services: (A) Medical; (B) Nursing; (C) Laboratory; (D) Pharmacy; and (E) Dietary; or (b) A special inpatient care facility as that term is defined by the authority by rule. (16) "Institutional health services" means health services provided in or through health care facilities and the entities in or through which such services are provided. (17) "Intermediate care facility" means a facility that provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment that a hospital or skilled nursing facility is designed to provide, but who because of their mental or physical condition require care and services above the level of room and board that can be made available to them only through institutional facilities. (18)(a) "Long term care facility" means a permanent facility with inpatient beds, providing: (A) Medical services, including nursing services but excluding surgical procedures except as may be permitted by the rules of the Director of Human Services; and (B) Treatment for two or more unrelated patients. (b) "Long term care facility" includes skilled nursing facilities and intermediate care facilities but does not include facilities licensed and operated pursuant to ORS 443.400 to 443.455. (19) "New hospital" means: (a) A facility that did not offer hospital services on a regular basis within its service area within the prior 12-month period and is initiating or proposing to initiate such services; or (b) Any replacement of an existing hospital that involves a substantial increase or change in the services offered. (20) "New skilled nursing or intermediate care service or facility" means a service or facility that did not offer long term care services on a regular basis by or through the facility within the prior 12-month period and is initiating or proposing to initiate such services. "New skilled nursing or intermediate care service or facility" also includes the rebuilding of a long term care facility, the relocation of buildings that are a part of a long term care facility, the relocation of long term care beds from one facility to another or an increase in the number of beds of more than 10 or 10 percent of the bed capacity, whichever is the lesser, within a two-year period. (21) "Offer" means that the health care facility holds itself out as capable of providing, or as having the means for the provision of, specified health services. (22) "Originating-site hospital" means a hospital in which a patient is located while receiving telemedicine services. (23) "Outpatient renal dialysis facility" means a facility that provides renal dialysis services directly to outpatients. (24) "Person" means an individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies and insurance companies), a state, or a political subdivision or instrumentality, including a municipal corporation, of a state. (25) "Skilled nursing facility" means a facility or a distinct part of a facility, that is primarily engaged in providing to inpatients skilled nursing care and related services for patients who require medical or nursing care, or an institution that provides rehabilitation services for the rehabilitation of individuals who are injured or sick or who have disabilities. (26) "Telemedicine" means the provision of health services to patients by physicians and health care practitioners from a distance using electronic communications. [1977 c.751 1; 1979 c.697 2; 1979 c.744 31; 1981 c.693 1; 1983 c.482 1; 1985 c.747 16; 1987 c.320 233; 1987 c.660 4; 1987 c.753 2; 1989 c.708 5; 1989 c.1034 5; 1991 c.470 9; 2001 c.100 1; 2001 c.104 181a; 2001 c.900 179; 2003 c.75 91; 2003 c.784 11; 2005 c.22 300; 2007 c.70 242; 2009 c.595 749; 2009 c.792 63; 2013 c.414 3; 2013 c.608 16,22; 2018 c.50 5,6]
[1977 c.751 2; 1981 c.693 2; 1983 c.482 2; 1985 c.747 1; 1987 c.660 3; renumbered 442.310 in 2019]
[Formerly 442.355; 1991 c.703 7; 1993 c.754 7; 1995 c.727 23; 1997 c.683 19; 1999 c.581 2; 2007 c.71 128; 2009 c.595 750; 2015 c.318 6; 2018 c.50 7; 2019 c.537 1; renumbered 442.370 in 2019]
[2007 c.384 2; 2019 c.497 10; renumbered 442.601 in 2019]
[2007 c.384 3; 2011 c.545 56; 2015 c.318 28; renumbered 442.602 in 2019]
[2009 c.595 1163; 2015 c.318 29; 2015 c.798 8; renumbered 413.259 in 2015]
(1) The Legislative Assembly finds that the achievement of reasonable access to quality health care at a reasonable cost is a priority of the State of Oregon. (2) Problems preventing the priority in subsection (1) of this section from being attained include: (a) The inability of many citizens to pay for necessary health care, being covered neither by private insurance nor by publicly funded programs such as Medicare and Medicaid; (b) Rising costs of medical care which exceed substantially the general rate of inflation; (c) Insufficient price competition in the delivery of health care services that would provide a greater cost consciousness among providers, payers and consumers; (d) Inadequate incentives for the use of less costly and more appropriate alternative levels of health care; (e) Insufficient or inappropriate use of existing capacity, duplicated services and failure to use less costly alternatives in meeting significant health needs; and (f) Insufficient primary and emergency medical care services in medically underserved areas of the state. (3) As a result of rising health care costs and the concern expressed by health care providers, health care users, third-party payers and the general public, there is an urgent need to abate these rising costs so as to place the cost of health care within reach of all Oregonians without affecting the quality of care. (4) To foster the cooperation of the separate industry forces, there is a need to compile and disseminate accurate and current data, including but not limited to price and utilization data, to meet the needs of the people of Oregon and improve the appropriate usage of health care services. (5) It is the purpose of this chapter to establish area-wide and state planning for health services, staff and facilities in light of the findings of subsection (1) of this section and in furtherance of health planning policies of this state. (6) It is further declared that hospital costs should be contained through improved competition between hospitals and improved competition between insurers and through financial incentives on behalf of providers, insurers and consumers to contain costs. As a safety net, it is the intent of the Legislative Assembly to monitor hospital performance. [Formerly 442.025]
(1) Any new hospital or new skilled nursing or intermediate care service or facility not excluded pursuant to ORS 441.065 shall obtain a certificate of need from the Oregon Health Authority prior to an offering or development. (2) The authority shall adopt rules specifying criteria and procedures for making decisions as to the need for the new services or facilities. (3)(a) An applicant for a certificate of need shall apply to the authority on forms provided for this purpose by authority rule. (b) An applicant shall pay a fee prescribed as provided in this section. Subject to the approval of the Oregon Department of Administrative Services, the authority shall prescribe application fees, based on the complexity and scope of the proposed project. (4)(a) The authority shall issue a draft recommendation in response to an application for a certificate of need. (b) The authority may establish an expedited review process for an application for a certificate of need to rebuild a long term care facility, relocate buildings that are part of a long term care facility or relocate long term care facility bed capacity from one long term care facility to another. The authority shall issue a draft recommendation not later than 120 days after the date a complete application subject to expedited review is received by the authority. (5)(a) An applicant or any affected person who is dissatisfied with the draft recommendation of the authority is entitled to an informal hearing before the authority in the course of review and before a proposed decision is rendered. Following an informal hearing, or if no applicant or affected person requests an informal hearing within a period of time prescribed by the authority by rule, the authority shall issue a proposed decision. (b) An applicant or affected person is entitled to a contested case hearing in accordance with ORS chapter 183 to challenge the proposed decision of the authority. Following a contested case hearing, or if no applicant or affected person requests a contested case hearing within a period of time prescribed by the authority by rule, the authority shall issue a final order granting, with or without limitations, or denying the certificate of need. (6) Once a certificate of need has been granted, it may not be revoked or rescinded unless it was acquired by fraud or deceit. However, if the authority finds that a person is offering or developing a project that is not within the scope of the certificate of need, the authority may limit the project as specified in the granted certificate of need or reconsider the application. A certificate of need is not transferable. (7) Nothing in this section applies to any hospital, skilled nursing or intermediate care service or facility that seeks to replace equipment with equipment of similar basic technological function or an upgrade that improves the quality or cost-effectiveness of the service provided. Any person acquiring such replacement or upgrade shall file a letter of intent for the project in accordance with the rules of the authority if the price of the replacement equipment or upgrade exceeds $1 million. (8) Except as required in subsection (1) of this section for a new hospital or new skilled nursing or intermediate care service or facility not operating as a Medicare swing bed program, nothing in this section requires a rural hospital as defined in ORS 442.470 (6)(a)(A) and (B) to obtain a certificate of need. (9) Nothing in this section applies to basic health services, but basic health services do not include: (a) Magnetic resonance imaging scanners; (b) Positron emission tomography scanners; (c) Cardiac catheterization equipment; (d) Megavoltage radiation therapy equipment; (e) Extracorporeal shock wave lithotriptors; (f) Neonatal intensive care; (g) Burn care; (h) Trauma care; (i) Inpatient psychiatric services; (j) Inpatient chemical dependency services; (k) Inpatient rehabilitation services; (L) Open heart surgery; or (m) Organ transplant services. (10) In addition to any other remedy provided by law, whenever it appears that any person is engaged in, or is about to engage in, any acts that constitute a violation of this section, or any rule or order issued by the authority under this section, the authority may institute proceedings in the circuit courts to enforce obedience to such statute, rule or order by injunction or by other processes, mandatory or otherwise. (11) As used in this section, "basic health services" means health services offered in or through a hospital licensed under ORS chapter 441, except skilled nursing or intermediate care nursing facilities or services and those services specified in subsection (9) of this section. [1989 c.1034 2; 1993 c.722 3; 1995 c.727 39; 2001 c.875 3; 2003 c.14 258; 2009 c.595 751; 2013 c.608 17,23; 2017 c.718 9,10; 2019 c.456 5]
(1) A certificate of need shall be required for the development or establishment of a health care facility of any new health maintenance organization. (2) Any activity of a health maintenance organization which does not involve the direct delivery of health services, as distinguished from arrangements for indirect delivery of health services through contracts with providers, shall be exempt from certificate of need review. (3) Nothing in ORS 244.050, 431.250, 441.015 to 441.087, 442.015 to 442.420 and 442.450 applies to any decision of a health maintenance organization involving its organizational structure, its arrangements for financing health services, the terms of its contracts with enrolled beneficiaries or its scope of benefits. (4) With the exception of certificate of need requirements, when applicable, the licensing and regulation of health maintenance organizations shall be controlled by ORS 750.005 to 750.095 and statutes incorporated by reference therein. (5) It is the policy of ORS 244.050, 431.250, 441.015 to 441.087, 442.015 to 442.420 and 442.450 to encourage the growth of health maintenance organizations as an alternative delivery system and to provide the facilities for the provision of quality health care to the present and future members who may enroll within their defined service area. (6)(a) It is also the policy of ORS 244.050, 431.250, 441.015 to 441.087, 442.015 to 442.420 and 442.450 to consider the special needs and circumstances of health maintenance organizations. Such needs and circumstances include the needs of and costs to members and projected members of the health maintenance organization in obtaining health services and the potential for a reduction in the use of inpatient care in the community through an extension of preventive health services and the provision of more systematic and comprehensive health services. The consideration of a new health service proposed by a health maintenance organization shall also address the availability and cost of obtaining the proposed new health service from the existing providers in the area that are not health maintenance organizations. (b) The Oregon Health Authority shall issue a certificate of need for beds, services or equipment to meet the needs or reasonably anticipated needs of members of health maintenance organizations when beds, services or equipment are not available from nonplan providers. [1977 c.751 56; 1981 c.693 11; 1995 c.727 40; 1999 c.581 9; 2009 c.595 752]
(1) Notwithstanding any other provision of law, a hospital licensed under ORS 441.025, in accordance with rules adopted by the Oregon Health Authority, may apply for waiver from the provisions of ORS 442.325, and the authority shall grant the waiver if, for the most recently completed hospital fiscal year preceding the date of application for waiver and each succeeding fiscal year thereafter, the percentage of qualified inpatient revenue is not less than that described in subsection (2) of this section. (2)(a) The percentage of qualified inpatient revenue for the first year in which a hospital is granted a waiver under subsection (1) of this section may not be less than 60 percent. (b) The percentage in paragraph (a) of this subsection shall be increased by five percentage points in each succeeding hospital fiscal year until the percentage of qualified inpatient revenue equals or exceeds 75 percent. (3) As used in this section: (a) "Qualified inpatient revenue" means revenue earned from public and private payers for inpatient hospital services approved by the authority pursuant to rules, including: (A) Revenue earned pursuant to Title XVIII, United States Social Security Act, when such revenue is based on diagnostic related group prices that include capital-related expenses or other risk-based payment programs as approved by the authority; (B) Revenue earned pursuant to Title XIX, United States Social Security Act, when such revenue is based on diagnostic related group prices that include capital-related expenses; (C) Revenue earned under negotiated arrangements with public or private payers based on all-inclusive per diem rates for one or more hospital service categories; (D) Revenue earned under negotiated arrangements with public or private payers based on all-inclusive per discharge or per admission rates related to diagnostic related groups or other service or intensity-related measures; (E) Revenue earned under arrangements with one or more health maintenance organizations; or (F) Other prospectively determined forms of inpatient hospital reimbursement approved in advance by the authority in accordance with rules. (b) "Percentage of qualified inpatient revenue" means qualified inpatient revenue divided by total gross inpatient revenue as defined by administrative rule of the authority. (4)(a) The authority shall hold a hearing to determine the cause if any hospital granted a waiver pursuant to subsection (1) of this section fails to reach the applicable percentage of qualified inpatient revenue in any subsequent fiscal year of the hospital. (b) If the authority finds that the failure was without just cause and that the hospital has undertaken projects that, except for the provisions of this section, would have been subject to ORS 442.325, the authority shall impose one of the penalties outlined in paragraph (c) of this subsection. (c)(A) A one-time civil penalty of not less than $25,000 or more than $250,000; or (B) An annual civil penalty equal to an amount not to exceed 110 percent of the net profit derived from such project or projects for a period not to exceed five years. (5) Nothing in this section shall be construed to permit a hospital to develop a new inpatient hospital facility or provide new services authorized by facilities defined as "long term care facility" under ORS 442.015 under a waiver granted pursuant to subsection (1) of this section. [1985 c.747 35; 1987 c.660 9; 1991 c.470 18; 1995 c.727 41; 2009 c.595 753; 2013 c.1 65] Note: 442.342 was enacted into law by the Legislative Assembly and added to or made a part of ORS chapter 442 by legislative action but not to any series therein. See Preface to Oregon Revised Statutes for further explanation.
In furtherance of the purpose and intent of the Legislative Assembly as expressed in ORS 442.310 to achieve reasonable access to quality health care at a reasonable cost, the requirements of ORS 442.325 shall not apply to ambulatory surgical centers performing only ophthalmic surgery. [1987 c.723 1] Note: 442.344 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 442 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
A rural hospital exempted from the certificate of need requirement by ORS 442.315 (8) shall report any action taken by the hospital that would have required a certificate of need if the exemption did not exist. [1993 c.722 4] Note: 442.347 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 442 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
[1983 c.482 12; 1985 c.747 14; renumbered 442.120]
As used in this section and ORS 442.362 and 442.991: (1)(a) "Capital project" means: (A) The construction, development, purchase, renovation or any construction expenditure by or on behalf of a reporting entity, for which the cost: (i) For type A hospitals, exceeds five percent of gross revenue. (ii) For type B hospitals, exceeds five percent of gross revenue. (iii) For DRG hospitals, exceeds 1.75 percent of gross revenue. (iv) For ambulatory surgery centers, exceeds $2 million. (B) The purchase or lease of, or other comparable arrangement for, a single piece of diagnostic or therapeutic equipment for which the cost or, in the case of a donation, the value exceeds $1 million. The acquisition of two or more pieces of diagnostic or therapeutic equipment that are necessarily interdependent in the performance of ordinary functions shall be combined in calculating the cost or value of the transaction. (b) "Capital project" does not include a project financed entirely through charitable fundraising. (2) "DRG hospital" means a hospital that is not a type A or type B hospital and that receives Medicare reimbursement based upon diagnostic related groups. (3) "Gross revenue" has the meaning given that term in ORS 442.015. (4) "Reporting entity" includes the following if licensed pursuant to ORS 441.015: (a) A type A hospital as described in ORS 442.470. (b) A type B hospital as described in ORS 442.470. (c) A DRG hospital. (d) An ambulatory surgical center as defined in ORS 442.015. [2009 c.595 1197] Note: 442.361 and 442.362 were added to and made a part of ORS chapter 442 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
The Oregon Health Authority may adopt rules requiring reporting entities within the state to publicly report proposed capital projects. Rules adopted under this section must: (1) Require a reporting entity to establish on the home page of its website a prominently labeled link to information about proposed or pending capital projects. The information posted must include but is not limited to a report of the community benefit for the project, its estimated cost and a means for interested persons to submit comments. When a reporting entity posts the information required under this subsection, the reporting entity must notify the authority of the posting in the manner prescribed by the authority. (2) If a reporting entity does not have a website, require the reporting entity to publish notice of the proposed capital project in a major newspaper or online equivalent serving the region in which the proposed capital project will be located. The notice must include but is not limited to a report of the community benefit for the project, its estimated cost and a means for interested persons to submit comments. When a reporting entity publishes the information required under this subsection, the reporting entity must notify the authority of the publication in the manner prescribed by the authority. (3) Establish a publicly available resource for information collected under this section. [2009 c.595 1198; 2015 c.318 30] Note: See note under 442.361.
(1) In order to provide data essential for health planning programs: (a) The Oregon Health Authority shall obtain directly from each hospital licensed to operate in this state, or from a third party working on behalf of or by contract with the hospital, the following information prescribed by the authority by rule: (A) Ambulatory surgery discharge abstract records; (B) Inpatient discharge abstract records; and (C) Emergency department discharge abstract records. (b) The authority shall obtain directly from each ambulatory surgical center licensed to operate in this state, or from a third party working on behalf of or by contract with the ambulatory surgical center, the following information prescribed by the authority by rule: (A) Ambulatory surgery discharge abstract records; and (B) Discharge abstract records of patients discharged from extended stay centers licensed under ORS 441.026 that are affiliated with the ambulatory surgical center. (2) The authority may establish by rule a fee to be charged to each ambulatory surgical center. (3) The fee established under subsection (2) of this section may not exceed the cost of abstracting and compiling the records. (4) The authority may specify by rule the form in which records are to be submitted. If the form adopted by rule requires conversion from the form regularly used by a hospital, ambulatory surgical center or extended stay center, reasonable costs of such conversion shall be paid by the authority. (5) The authority may provide by rule for the submission of ambulatory surgery, inpatient and emergency department discharge abstract records for enrollees in a health maintenance organization in a form the authority determines appropriate to the authoritys needs for the data and the organizations record keeping and reporting systems for charges and services. (6) The authority shall notify any entity submitting data under this section of any changes to the data sets that must be submitted, no later than July 1 of the calendar year preceding the effective date of the changes. (7) The authority may contract with a third party to receive and process the records submitted under this section. [Formerly 442.120] Note: 442.370 was added to and made a part of ORS chapter 442 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
As used in this section and ORS 442.373, "reporting entity" means: (1) An insurer as defined in ORS 731.106 or fraternal benefit society as described in ORS 748.106 required to have a certificate of authority to transact health insurance business in this state. (2) A health care service contractor as defined in ORS 750.005 that issues medical insurance in this state. (3) A third party administrator required to obtain a license under ORS 744.702. (4) A pharmacy benefit manager or fiscal intermediary, or other person that is by statute, contract or agreement legally responsible for payment of a claim for a health care item or service. (5) A coordinated care organization as defined in ORS 414.025. (6) An insurer providing coverage funded under Part A, Part B or Part D of Title XVIII of the Social Security Act, subject to approval by the United States Department of Health and Human Services. [Formerly 442.464] Note: 442.372 and 442.373 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.
(1) The Oregon Health Authority shall establish and maintain a program that requires reporting entities to report health care data for the following purposes: (a) Determining the maximum capacity and distribution of existing resources allocated to health care. (b) Identifying the demands for health care. (c) Allowing health care policymakers to make informed choices. (d) Evaluating the effectiveness of intervention programs in improving health outcomes. (e) Comparing the costs and effectiveness of various treatment settings and approaches. (f) Providing information to consumers and purchasers of health care. (g) Improving the quality and affordability of health care and health care coverage. (h) Assisting the authority in furthering the health policies expressed by the Legislative Assembly in ORS 442.310. (i) Evaluating health disparities, including but not limited to disparities related to race and ethnicity. (2) The authority shall prescribe by rule standards that are consistent with standards adopted by the Accredited Standards Committee X12 of the American National Standards Institute, the Centers for Medicare and Medicaid Services and the National Council for Prescription Drug Programs that: (a) Establish the time, place, form and manner of reporting data under this section, including but not limited to: (A) Requiring the use of unique patient and provider identifiers; (B) Specifying a uniform coding system that reflects all health care utilization and costs for health care services provided to Oregon residents in other states; and (C) Establishing enrollment thresholds below which reporting will not be required. (b) Establish the types of data to be reported under this section, including but not limited to: (A) Health care claims and enrollment data used by reporting entities and paid health care claims data; (B) Reports, schedules, statistics or other data relating to health care costs, prices, quality, utilization or resources determined by the authority to be necessary to carry out the purposes of this section; and (C) Data related to race, ethnicity and primary language collected in a manner consistent with established national standards. (3) Any third party administrator that is not required to obtain a license under ORS 744.702 and that is legally responsible for payment of a claim for a health care item or service provided to an Oregon resident may report to the authority the health care data described in subsection (2) of this section. (4) The authority shall adopt rules establishing requirements for reporting entities to train providers on protocols for collecting race, ethnicity and primary language data in a culturally competent manner. (5)(a) The authority shall use data collected under this section to provide information to consumers of health care to empower the consumers to make economically sound and medically appropriate decisions. The information must include, but not be limited to, the prices and quality of health care services. (b) The authority shall, using only data collected under this section from reporting entities described in ORS 442.372 (1) to (3), post to its website health care price information including the median prices paid by the reporting entities to hospitals and hospital outpatient clinics for, at a minimum, the 50 most common inpatient procedures and the 100 most common outpatient procedures. (c) The health care price information posted to the website must be: (A) Displayed in a consumer friendly format; (B) Easily accessible by consumers; and (C) Updated at least annually to reflect the most recent data available. (d) The authority shall apply for and receive donations, gifts and grants from any public or private source to pay the cost of posting health care price information to its website in accordance with this subsection. Moneys received shall be deposited to the Oregon Health Authority Fund. (e) The obligation of the authority to post health care price information to its website as required by this subsection is limited to the extent of any moneys specifically appropriated for that purpose or available from donations, gifts and grants from private or public sources. (6) The authority may contract with a third party to collect and process the health care data reported under this section. The contract must prohibit the collection of Social Security numbers and must prohibit the disclosure or use of the data for any purpose other than those specifically authorized by the contract. The contract must require the third party to transmit all data collected and processed under the contract to the authority. (7) The authority shall facilitate a collaboration between the Department of Human Services, the authority, the Department of Consumer and Business Services and interested stakeholders to develop a comprehensive health care information system using the data reported under this section and collected by the authority under ORS 442.370 and 442.400 to 442.463. The authority, in consultation with interested stakeholders, shall: (a) Formulate the data sets that will be included in the system; (b) Establish the criteria and procedures for the development of limited use data sets; (c) Establish the criteria and procedures to ensure that limited use data sets are accessible and compliant with federal and state privacy laws; and (d) Establish a time frame for the creation of the comprehensive health care information system. (8) Information disclosed through the comprehensive health care information system described in subsection (7) of this section: (a) Shall be available, when disclosed in a form and manner that ensures the privacy and security of personal health information as required by state and federal laws, as a resource to insurers, employers, providers, purchasers of health care and state agencies to allow for continuous review of health care utilization, expenditures and performance in this state; (b) Shall be available to Oregon programs for quality in health care for use in improving health care in Oregon, subject to rules prescribed by the authority conforming to state and federal privacy laws or limiting access to limited use data sets; (c) Shall be presented to allow for comparisons of geographic, demographic and economic factors and institutional size; and (d) May not disclose trade secrets of reporting entities. (9) The collection, storage and release of health care data and other information under this section is subject to the requirements of the federal Health Insurance Portability and Accountability Act. (10)(a) Notwithstanding subsection (9) of this section, in addition to the comprehensive health care information system described in subsection (7) of this section, the Department of Consumer and Business Services shall be allowed to access, use and disclose data collected under this section by certifying in writing that the data will be used only to carry out the departments duties. (b) Personally identifiable information disclosed to the department under paragraph (a) of this subsection, including a consumers name, address, telephone number or electronic mail address, is confidential and not subject to further disclosure under ORS 192.311 to 192.478. [Formerly 442.466; 2021 c.205 4] Note: See note under 442.372. Note: Sections 40 and 41, chapter 12, Oregon Laws 2020 (first special session), provide: Sec. 40. (1) As used in this section: (a) "COVID-19" means a disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). (b) "Encounter" means an interaction between a patient, or the patients legal representative, and a health care provider, whether that interaction is in person or through telemedicine, for the purpose of providing health care services related to COVID-19, including but not limited to ordering or performing a COVID-19 test. (c) "Health care provider" means: (A) An individual licensed or certified by the: (i) State Board of Examiners for Speech-Language Pathology and Audiology; (ii) State Board of Chiropractic Examiners; (iii) State Board of Licensed Social Workers; (iv) Oregon Board of Licensed Professional Counselors and Therapists; (v) Oregon Board of Dentistry; (vi) State Board of Massage Therapists; (vii) Oregon Board of Naturopathic Medicine; (viii) Oregon State Board of Nursing; (ix) Oregon Board of Optometry; (x) State Board of Pharmacy; (xi) Oregon Medical Board; (xii) Occupational Therapy Licensing Board; (xiii) Oregon Board of Physical Therapy; (xiv) Oregon Board of Psychology; or (xv) Board of Medical Imaging; (B) An emergency medical services provider licensed by the Oregon Health Authority under ORS 682.216; (C) A clinical laboratory licensed under ORS 438.110; and (D) A health care facility as defined in ORS 442.015. (d) "Telemedicine" means the delivery of a health service through a two-way communication medium, including but not limited to telephone, Voice over Internet Protocol, transmission of telemetry or any Internet or electronic platform that allows a provider to interact in real time with a patient, a parent or guardian of a patient or another provider acting on a patients behalf. (2) The authority shall adopt rules: (a) Requiring a health provider to: (A) Collect encounter data on race, ethnicity, preferred spoken and written language, English proficiency, interpreter needs and disability status in accordance with the standards adopted by the authority under ORS 413.161; and (B) Report the data in accordance with rules adopted under ORS 433.004 for the reporting of diseases. (b) Prescribing the manner of reporting. (c) Ensuring, to the extent practicable, that the data collected and reported under this section by health care providers is not duplicative. (3) The authority may provide incentives to health care providers and facilities to help defer the costs of making changes to electronic health records or similar systems. (4) Data collected by health care providers under this section is confidential and subject to disclosure only in accordance with the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or other state or federal laws limiting the disclosure of health information. [2020 s.s.1 c.12 40; 2020 s.s.1 c.12 41a] Sec. 41. Section 40 of this 2020 special session Act may be enforced by any means permitted under the law by: (1) A health professional regulatory board specified in section 40 of this 2020 special session Act with respect to a provider under the jurisdiction of the board. (2) The Oregon Health Authority or the Department of Human Services with regard to health care facilities under each agencys respective jurisdiction. (3) The authority with regard to emergency medical services providers licensed under ORS 682.216 and clinical laboratories licensed under ORS 438.110. [2020 s.s.1 c.12 41] Note: Section 6, chapter 549, Oregon Laws 2021, provides: Sec. 6. Sections 40, 41 and 43, chapter 12, Oregon Laws 2020 (first special session), are repealed on January 1, 2023. [2021 c.549 6]
As used in this section and ORS 442.386: (1) "Health care" means items, services and supplies intended to improve or maintain human function or treat or ameliorate pain, disease, condition or injury, including but not limited to the following types of services: (a) Medical; (b) Behavioral; (c) Substance use disorder; (d) Mental health; (e) Surgical; (f) Optometric; (g) Dental; (h) Podiatric; (i) Chiropractic; (j) Psychiatric; (k) Pharmaceutical; (L) Therapeutic; (m) Preventive; (n) Rehabilitative; (o) Supportive; or (p) Geriatric. (2) "Health care cost growth" means the annual percentage change in total health expenditures in this state. (3) "Health care entity" means a payer or a provider. (4) "Health insurance" has the meaning given that term in ORS 731.162. (5) "Net cost of private health insurance" means the difference between health insurance premiums received by a payer and the claims for the cost of health care paid by the payer under a policy or certificate of health insurance. (6) "Payer" means: (a) An insurer offering a policy or certificate of health insurance or a health benefit plan as defined in ORS 743B.005; (b) A publicly funded health care program, including but not limited to Medicaid, Medicare and the State Childrens Health Insurance Program; (c) A third party administrator; and (d) Any other public or private entity, other than an individual, that pays or reimburses the cost for the provision of health care. (7) "Provider" means an individual, organization or business entity that provides health care. (8)(a) "Total health expenditures" means all health care expenditures on behalf of residents of this state by public and private sources, including: (A) All payments on providers claims for reimbursement of the cost of health care provided; (B) All payments to providers other than payments described in subparagraph (A) of this paragraph; (C) All cost-sharing paid by residents of this state, including but not limited to copayments, deductibles and coinsurance; and (D) The net cost of private health insurance. (b) "Total health expenditures" may include expenditures for care provided to out-of-state residents by in-state providers to the extent practicable. [2019 c.560 1; 2021 c.51 1] Note: 442.385 and 442.386 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.
(1) The Legislative Assembly intends to establish a health care cost growth target, for all providers and payers, to: (a) Support accountability for the total cost of health care across all providers and payers, both public and private; (b) Build on the states existing efforts around health care payment reform and containment of health care costs; and (c) Ensure the long-term affordability and financial sustainability of the health care system in this state. (2) The Health Care Cost Growth Target program is established. The program shall be administered by the Oregon Health Authority in collaboration with the Department of Consumer and Business Services, subject to the oversight of the Oregon Health Policy Board. The program shall establish a health care cost growth target for increases in total health expenditures and shall review and modify the target on a periodic basis. (3) The health care cost growth target must: (a) Promote a predictable and sustainable rate of growth for total health expenditures as measured by an economic indicator adopted by the board, such as the rate of increase in this states economy or of the personal income of residents of this state; (b) Apply to all providers and payers in the health care system in this state; (c) Use established economic indicators; and (d) Be measurable on a per capita basis, statewide basis and health care entity basis. (4) The program shall establish a methodology for calculating health care cost growth: (a) Statewide; (b) For each provider and payer, taking into account the health status of the patients of the provider or the beneficiary of the payer; and (c) Per capita. (5) The program shall establish requirements for providers and payers to report data and other information necessary to calculate health care cost growth under subsection (4) of this section. (6) Annually, the program shall: (a) Hold public hearings on the growth in total health expenditures in relation to the health care cost growth in the previous calendar year; (b) Publish a report on health care costs and spending trends that includes: (A) Factors impacting costs and spending; and (B) Recommendations for strategies to improve the efficiency of the health care system; and (c) For providers and payers for which health care cost growth in the previous calendar year exceeded the health care cost growth target: (A) Analyze the cause for exceeding the health care cost growth target; and (B) Require the provider or payer to develop and undertake a performance improvement plan. (7)(a) The authority shall adopt by rule criteria for waiving the requirement for a provider or payer to undertake a performance improvement plan, if necessitated by unforeseen market conditions or other equitable factors. (b) The authority shall collaborate with a provider or payer that is required to develop and undertake a performance improvement plan by: (A) Providing a template for performance improvement plans, guidelines and a time frame for submission of the plan; (B) Providing technical assistance such as webinars, office hours, consultation with technical assistance providers or staff, or other guidance; and (C) Establishing a contact at the authority who can work with the provider or payer in developing the performance improvement plan. (8) A performance improvement plan must: (a) Identify key cost drivers and include concrete steps a provider or payer will take to address the cost drivers; (b) Identify an appropriate time frame by which a provider or payer will reduce the cost drivers and be subject to an evaluation by the authority; and (c) Have clear measurements of success. (9) The authority shall adopt by rule criteria for imposing a financial penalty on any provider or payer that exceeds the cost growth target without reasonable cause in three out of five calendar years or on any provider or payer that does not participate in the program. The criteria must be based on the degree to which the provider or payer exceeded the target and other factors, including but not limited to: (a) The size of the provider or payer organization; (b) The good faith efforts of the provider or payer to address health care costs; (c) The providers or payers cooperation with the authority or the department; (d) Overlapping penalties that may be imposed for failing to meet the target, such as requirements relating to medical loss ratios; and (e) A providers or payers overall performance in reducing cost across all markets served by the provider or payer. [2019 c.560 2; 2021 c.51 2] Note: Section 7, chapter 51, Oregon Laws 2021, provides: Sec. 7. A financial penalty described in ORS 442.386 (9), as amended by section 2 of this 2021 Act, may be imposed no earlier than January 1, 2026, for performance by a provider or payer in meeting cost growth targets during calendar years 2021 to 2025. [2021 c.51 7] Note: See note under 442.385.
(1) The Oregon Health Authority shall prescribe by rule a uniform payment methodology for hospital and ambulatory surgical center services that: (a) Incorporates the most recent Medicare payment methodologies established by the Centers for Medicare and Medicaid Services, or similar payment methodologies, for hospital and ambulatory surgical center services; (b) Includes payment methodologies for services and equipment that are not fully addressed by Medicare payment methodologies; and (c) Allows for the use of alternative payment methodologies, including but not limited to pay-for-performance, bundled payments and capitation. (2) In developing the payment methodologies described in this section, the authority shall convene and be advised by a work group consisting of providers, insurers and consumers of the types of health care services that are subject to the methodologies. [2011 c.418 3] Note: 442.392 to 442.396 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.
(1) A hospital or ambulatory surgical center shall bill and accept as payment in full an amount determined in accordance with ORS 243.256 and 243.879, if applicable, or the payment methodology prescribed by the Oregon Health Authority under ORS 442.392. (2) This section does not apply to type A or type B hospitals, as described in ORS 442.470, or rural critical access hospitals, as defined in ORS 442.470. [2011 c.418 4; 2017 c.718 11; 2017 c.746 33] Note: See note under 442.392.
An insurer, as defined in ORS 731.106, that contracts with the Oregon Health Authority, including with the Public Employees Benefit Board and the Oregon Educators Benefit Board, to provide health insurance coverage for state employees, educators or medical assistance recipients must annually attest, on a form and in a manner prescribed by the authority, to its compliance with ORS 243.256, 243.879, 442.392 and 442.394. A contract with an insurer subject to the requirements of this section may not be renewed without the attestation required by this section. [2011 c.418 9] Note: See note under 442.392. Note: Sections 2 to 5, chapter 575, Oregon Laws 2015, provide: Sec. 2. (1) As used in this section: (a) "Carrier" means an insurer that offers a health benefit plan, as defined in ORS 743B.005. (b) "Coordinated care organization" has the meaning given that term in ORS 414.025. (c) "Primary care" means family medicine, general internal medicine, naturopathic medicine, obstetrics and gynecology, pediatrics or general psychiatry. (d) "Primary care provider" includes: (A) A physician, naturopath, nurse practitioner, physician assistant or other health professional licensed or certified in this state, whose clinical practice is in the area of primary care. (B) A health care team or clinic that has been certified by the Oregon Health Authority as a patient centered primary care home. (2)(a) The Oregon Health Authority shall convene a primary care payment reform collaborative to advise and assist in the implementation of a Primary Care Transformation Initiative to: (A) Use value-based payment methods that are not paid on a per claim basis to: (i) Increase the investment in primary care; (ii) Align primary care reimbursement by all purchasers of care; and (iii) Continue to improve reimbursement methods, including by investing in the social determinants of health; (B) Increase investment in primary care without increasing costs to consumers or increasing the total cost of health care; (C) Provide technical assistance to clinics and payers in implementing the initiative; (D) Aggregate the data from and align the metrics used in the initiative with the work of the Health Plan Quality Metrics Committee established in ORS 413.017; (E) Facilitate the integration of primary care behavioral and physical health care; and (F) Ensure that the goals of the initiative are met by December 31, 2027. (b) The collaborative is a governing body, as defined in ORS 192.610. (3) The authority shall invite representatives from all of the following to participate in the primary care payment reform collaborative: (a) Primary care providers; (b) Health care consumers; (c) Experts in primary care contracting and reimbursement; (d) Independent practice associations; (e) Behavioral health treatment providers; (f) Third party administrators; (g) Employers that offer self-insured health benefit plans; (h) The Department of Consumer and Business Services; (i) Carriers; (j) A statewide organization for mental health professionals who provide primary care; (k) A statewide organization representing federally qualified health centers; (L) A statewide organization representing hospitals and health systems; (m) A statewide professional association for family physicians; (n) A statewide professional association for physicians; (o) A statewide professional association for nurses; and (p) The Centers for Medicare and Medicaid Services. (4) The primary care payment reform collaborative shall annually report to the Oregon Health Policy Board and to the Legislative Assembly on the achievement of the primary care spending targets in ORS 414.625 [renumbered 414.572] and 743.010 and the implementation of the Primary Care Transformation Initiative. (5) A coordinated care organization shall report to the authority, no later than October 1 of each year, the proportion of the organizations total medical costs that are allocated to primary care. (6) The authority, in collaboration with the Department of Consumer and Business Services, shall adopt rules prescribing the primary care services for which costs must be reported under subsection (5) of this section. [2015 c.575 2; 2017 c.384 1; 2017 c.489 13] Sec. 3. No later than February 1 of each year, the Oregon Health Authority and the Department of Consumer and Business Services shall report to the Legislative Assembly, in the manner provided in ORS 192.245: (1) The percentage of the medical expenses of carriers, coordinated care organizations, the Public Employees Benefit Board and the Oregon Educators Benefit Board that is allocated to primary care; and (2) How carriers, coordinated care organizations, the Public Employees Benefit Board and the Oregon Educators Benefit Board pay for primary care. [2015 c.575 3; 2016 c.26 7] Sec. 4. (1) The Legislative Assembly declares that collaboration among insurers, purchasers and providers of health care to coordinate service delivery systems and develop innovative reimbursement methods in support of integrated and coordinated health care delivery is in the best interest of the public. The Legislative Assembly therefore declares its intent to exempt from state antitrust laws, and to provide immunity from federal antitrust laws through the state action doctrine, the activities specified in section 2 (2) of this 2015 Act, of the participants in the primary care payment reform collaborative, that might otherwise be constrained by such laws. (2) The Director of the Oregon Health Authority or the directors designee shall engage in state supervision of the primary care payment reform collaborative to ensure that the activities and discussions of the participants in the collaborative are limited to the activities described in section 2 (2) of this 2015 Act. (3) Groups that include, but are not limited to, health insurance companies, health care centers, hospitals, health service organizations, employers, health care providers, health care facilities, state and local governmental entities and consumers may meet to facilitate the development, implementation and operation of the Primary Care Transformation Initiative in accordance with section 2 of this 2015 Act. (4) The Oregon Health Authority may conduct a survey of the entities and individuals specified in subsection (3) of this section to assist in the evaluation of the Primary Care Transformation Initiative. (5) A survey or meeting under subsection (3) or (4) of this section is not a violation of state antitrust laws and shall be considered state action for purposes of federal antitrust laws through the state action doctrine. [2015 c.575 4] Sec. 5. (1) Sections 1 to 4, chapter 575, Oregon Laws 2015, are repealed on December 31, 2027. (2) Section 3 of this 2017 Act is repealed on December 31, 2027. [2015 c.575 5; 2016 c.26 8; 2017 c.489 19]
As used in ORS 442.400 to 442.463, unless the context requires otherwise, "health care facility" or "facility" means such facility as defined by ORS 442.015, exclusive of a long term care facility, and includes all publicly and privately owned and operated health care facilities, but does not include facilities described in ORS 441.065. [Formerly 441.415; 1979 c.697 8; 1981 c.693 15]
The Legislative Assembly finds that rising costs and charges of health care facilities are a matter of vital concern to the people of this state. The Legislative Assembly finds and declares that it is the policy of this state: (1) To require health care facilities to file for public disclosure reports that will enable both private and public purchasers of services from such facilities to make informed decisions in purchasing such services; and (2) To encourage development of programs of research and innovation in the methods of delivery of institutional health care services of high quality with costs and charges reasonably related to the nature and quality of the services rendered. [Formerly 441.420; 1999 c.581 3]
(1) The Oregon Health Authority may apply for, receive and accept grants, gifts, payments and other funds and advances, appropriations, properties and services from the United States, the State of Oregon or any governmental body, agency or agencies or from any other public or private corporation or person, and enter into agreements with respect thereto, including the undertaking of studies, plans, demonstrations or projects. (2) The authority shall conduct or cause to have conducted such analyses and studies relating to costs of health care facilities as considered desirable, including but not limited to methods of reducing such costs, utilization review of services of health care facilities, peer review, quality control, financial status of any facility subject to ORS 442.400 to 442.463 and sources of public and private financing of financial requirements of such facilities. (3) The authority may also: (a) Hold public hearings, conduct investigations and require the filing of information relating to any matter affecting the costs of and charges for services in all health care facilities; (b) Subpoena witnesses, papers, records and documents the authority considers material or relevant in connection with functions of the authority subject to the provisions of ORS chapter 183; (c) Exercise, subject to the limitations and restrictions imposed by ORS 442.400 to 442.463, all other powers which are reasonably necessary or essential to carry out the express objectives and purposes of ORS 442.400 to 442.463; and (d) Adopt rules in accordance with ORS chapter 183 for carrying out the functions of the authority. [Formerly 441.435; 1981 c.693 17; 1983 c.482 15; 1985 c.747 39; 1995 c.727 26; 1997 c.683 22; 1999 c.581 4; 2015 c.318 31]
(1) The Oregon Health Authority by rule may specify one or more uniform systems of financial reporting necessary to meet the requirements of ORS 442.400 to 442.463. Such systems shall include such cost allocation methods as may be prescribed and such records and reports of revenues, expenses, other income and other outlays, assets and liabilities, and units of service as may be prescribed. Each facility under the authoritys jurisdiction shall adopt such systems for its fiscal period starting on or after the effective date of such system and shall make the required reports on such forms as may be required by the authority. The authority may extend the period by which compliance is required upon timely application and for good cause. Filings of such records and reports shall be made at such times as may be reasonably required by the authority. (2) Existing systems of reporting used by health care facilities shall be given due consideration by the authority in carrying out the duty of specifying the systems of reporting required by ORS 442.400 to 442.463. The authority insofar as reasonably possible shall adopt reporting systems and requirements that will not unreasonably increase the administrative costs of the facility. (3) The authority may allow and provide for modifications in the reporting systems in order to correctly reflect differences in the scope or type of services and financial structure between the various categories, sizes or types of health care facilities and in a manner consistent with the purposes of ORS 442.400 to 442.463. (4) The authority may establish specific annual reporting provisions for facilities that receive a preponderance of their revenue from associated comprehensive group-practice prepayment health care service plans. Notwithstanding any other provisions of ORS 442.400 to 442.463, such facilities shall be authorized to utilize established accounting systems and to report costs and revenues in a manner consistent with the operating principles of such plans and with generally accepted accounting principles. When such facilities are operated as units of a coordinated group of health facilities under common ownership, the facilities shall be authorized to report as a group rather than as individual institutions, and as a group shall submit a consolidated balance sheet, income and expense statement and statement of source and application of funds for such group of health facilities. [Formerly 441.440; 1981 c.693 18; 1995 c.727 27; 1997 c.683 23; 1999 c.581 5; 2009 c.792 40; 2015 c.318 32]
(1) Whenever a further investigation is considered necessary or desirable by the Oregon Health Authority to verify the accuracy of the information in the reports made by health care facilities, the authority may make any necessary further examination of the facilitys records and accounts. Such further examinations include, but are not limited to, requiring a full or partial audit of all such records and accounts. (2) In carrying out the duties prescribed by ORS 442.400 to 442.463, the authority may utilize its own staff or may contract with any appropriate, independent, qualified third party. No such contractor shall release or publish or otherwise use any information made available to it under its contractual responsibility unless such permission is specifically granted by the authority. [Formerly 441.445; 1995 c.727 28; 1997 c.683 24; 2009 c.792 41; 2015 c.318 33]
[Formerly 441.480; 1981 c.693 19; 1983 c.482 18; 1983 c.696 21; 1991 c.734 24; 1993 c.18 110; 1995 c.727 30; 1997 c.683 26; 1999 c.581 6; 2007 c.384 4; 2007 c.838 7,8; 2013 c.61 2b,2c; 2017 c.101 47b; renumbered 442.994 in 2021]
The following are not subject to ORS 442.400 to 442.463: (1) Physicians in private practice, solo or in a group or partnership, who are not employed by, or hold ownership or part ownership in, a health care facility; or (2) Health care facilities described in ORS 441.065. [1977 c.751 55]
In order to obtain regional or statewide data about the utilization and cost of health care services, the Oregon Health Authority may accept information relating to the utilization and cost of health care services identified by the authority from physicians, insurers or other third-party payers or employers or other purchasers of health care. [1985 c.747 15; 1995 c.727 31; 1997 c.683 27; 1999 c.581 7; 2015 c.318 34]
(1) Each licensed health facility shall file with the Oregon Health Authority an annual report containing such information related to the facilitys utilization as may be required by the authority, in such form as the authority prescribes by rule. (2) The annual report shall contain such information as may be required by rule of the authority and must be approved by the authority. [1985 c.747 18,19; 1995 c.727 32; 1997 c.683 28; 1999 c.581 8; 2015 c.318 35]
[2009 c.595 1200; 2011 c.602 54; renumbered 442.372 in 2019]
[2009 c.595 1201; 2015 c.318 36; 2015 c.845 1; renumbered 442.373 in 2019]
As used in ORS 442.470 to 442.507: (1) "Acute inpatient care facility" means a licensed hospital with an organized medical staff, with permanent facilities that include inpatient beds, and with comprehensive medical services, including physician services and continuous nursing services under the supervision of registered nurses, to provide diagnosis and medical or surgical treatment primarily for but not limited to acutely ill patients and accident victims. (2) "Council" means the Rural Health Coordinating Council. (3) "Office" means the Office of Rural Health. (4) "Primary care physician" means a doctor licensed under ORS chapter 677 whose specialty is family practice, general practice, internal medicine, pediatrics or obstetrics and gynecology. (5) "Rural critical access hospital" means a facility that meets the criteria set forth in 42 U.S.C. 1395i-4 (c)(2)(B) and that has been designated a critical access hospital by the Office of Rural Health. (6)(a) "Rural hospital" means a hospital characterized as one of the following: (A) A type A hospital, which is a small and remote hospital that has 50 or fewer beds and is more than 30 miles from another acute inpatient care facility; (B) A type B hospital, which is a small and rural hospital that has 50 or fewer beds and is 30 miles or less from another acute inpatient care facility; (C) A type C hospital, which is considered to be a rural hospital and has more than 50 beds, but is not a referral center; or (D) A rural critical access hospital. (b) "Rural hospital" does not include a hospital of any class that was designated by the federal government as a rural referral hospital before January 1, 1989. [1979 c.513 1; 1987 c.660 12; 1987 c.918 5; 1989 c.893 8a; 1991 c.947 1; 2001 c.875 2; 2017 c.718 6]
There is created the Office of Rural Health in the Oregon Health and Science University. [1979 c.513 2; 1987 c.660 13; 1989 c.708 4]
(1) There is established the Rural Health Care Revolving Account in the General Fund. (2) All moneys appropriated for the purposes of ORS 442.470 to 442.507 and all moneys paid to the Office of Rural Health by reason of loans, fees, gifts or grants for the purposes of ORS 442.470 to 442.507 shall be credited to the Rural Health Care Revolving Account. (3) All moneys contained in the Rural Health Care Revolving Account are continuously appropriated to the Oregon Department of Administrative Services for the Office of Rural Health and shall be used for the purposes of ORS 442.470 to 442.507. [1979 c.513 3; 1987 c.660 14; 1989 c.708 1; 2005 c.755 37]
The responsibilities of the Office of Rural Health shall include but not be limited to: (1) Coordinating statewide efforts for providing health care in rural areas. (2) Accepting and processing applications from communities interested in developing health care delivery systems. (3) Applying for grants and accepting gifts and grants from other governmental or private sources for the research and development of rural health care programs and facilities. (4) Serving as a clearinghouse for information on health care delivery systems in rural areas. (5) Helping local health care delivery systems develop ongoing funding sources. (6) Developing enabling legislation to facilitate further development of rural health care delivery systems. (7) Providing information to the Department of Revenue about all certifications for tax credits allowed under ORS 315.613, 315.616, 315.619 and 315.622, if required by ORS 315.058. (8) The Office of Rural Health may order the suspension or revocation of a certificate or a portion of a certificate issued under ORS 315.613 or 315.622, as provided in ORS 315.061. [1979 c.513 4; 1983 c.482 19; 1987 c.660 15; 2015 c.736 89; 2019 c.483 23; 2021 c.97 57]
(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. (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. (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]
The responsibilities of the Rural Health Coordinating Council shall be to: (1) Advise the Office of Rural Health on matters related to the health care services and needs of rural communities; (2) Develop general recommendations to meet the identified needs of rural communities; and (3) View applications and recommend to the office which communities should receive assistance, how much money should be granted or loaned and the ability of the community to repay a loan. [1979 c.513 6; 1981 c.693 21; 1983 c.482 20; 2007 c.71 129]
(1) The Office of Rural Health shall provide technical assistance to rural communities interested in developing health care delivery systems. (2) Communities shall make application for this technical assistance on forms developed by the office for this purpose. (3) The office may make grants or loans to rural communities for the purpose of establishing or maintaining medical care services. (4) The office shall make the final decision concerning which communities receive the moneys and whether a loan is made or a grant is given. (5) The office shall provide technical assistance and coordination of rural health activities through staff services, which include monitoring, evaluation, community needs analysis, information gathering and disseminating, guidance, linkages and research. [1979 c.513 8; 1981 c.693 22; 1983 c.482 21; 2021 c.97 58]
(1) For purposes of determining the size of a rural hospital, beds certified by the Oregon Health Authority on the license of the hospital as special inpatient care beds shall not be included. (2) As used in this section, "special inpatient care beds" means beds that: (a) Are used for the treatment of patients with mental illness or for the treatment of alcoholism or drug abuse, or are located in a rehabilitation center, a college infirmary, a chiropractic facility, a freestanding hospice facility, an infirmary for the homeless or an inpatient care facility described in ORS 441.065; (b) Are physically separate from acute inpatient care beds, at least by being located on separate floors or wings of the same building; (c) Are never used for acute patient care; (d) Are staffed by dedicated direct care personnel for whom separate employment records are maintained; (e) Have separate medical directors; and (f) Maintain separate admission, discharge and patient records. [1993 c.765 55; 2007 c.70 243; 2009 c.595 754]
In addition to any other authorized uses of funds for economic development available from the Administrative Services Economic Development Fund, economic development grants may be made for the purpose of constructing, equipping, refurbishing, modernizing and making other capital improvements for type A and B rural hospitals, as defined under ORS 442.470. [1989 c.893 10] Note: 442.503 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 442 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
The Office of Rural Health shall institute a program to provide technical assistance to rural hospitals. The Office of Rural Health shall be primarily responsible for providing: (1) A recruitment and retention program for physicians and other primary care providers in rural areas. (2) An informational link between rural hospitals and state and federal policies regarding regulations and payment sources. (3) A system for effectively networking rural hospitals and providers so that they may compete or negotiate with urban based health maintenance organizations. (4) Assistance to rural hospitals in identifying strengths, weaknesses, opportunities and threats. (5) In conjunction with a trade association representing hospitals and health systems in Oregon, a report that identifies models that will replace or restructure inefficient health services in rural areas. [1987 c.918 3; 2005 c.22 301; 2015 c.70 15]
(1) With the moneys transferred to the Office of Rural Health by ORS 442.870, the office shall establish a dedicated grant program for the purpose of providing assistance to rural communities to enhance emergency medical service systems. (2) Communities, as well as nonprofit or governmental agencies serving those communities, may apply to the office for grants on forms developed by the office. (3) The office shall make the final decision concerning which entities receive grants, but the office may seek advice from the Rural Health Coordinating Council, the State Emergency Medical Service Committee and other appropriate individuals experienced with emergency medical services. (4) The office may make grants to entities for the purchase of equipment, the establishment of new rural emergency medical service systems or the improvement of existing rural emergency medical service systems. (5) With the exception of printing and mailing expenses associated with the grant program, the Office of Rural Health shall pay for administrative costs of the program with funds other than those transferred under ORS 442.870. [1999 c.1056 5]
The Legislative Assembly finds that Oregon rural hospitals are an integral part of the communities and geographic area where they are located. Their impact on the economic well-being and health status of the citizens is vast. The problems faced by rural hospitals include a general decline in rural economies, the age of the rural populations, older physical plants, lack of physicians and other health care providers and a poor financial outlook. The Legislative Assembly recognizes that the loss of essential hospital services is imminent in many communities. [1987 c.918 1]
(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. (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 hospitals 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 hospitals 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 hospitals 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 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.
The Office of Rural Health shall establish criteria for certifying individuals who are licensed under ORS chapter 679 as eligible for the tax credit authorized by ORS 315.616. Upon application therefor and upon a finding that the applicant is or will be providing dental services to one or more rural communities and otherwise meets the eligibility criteria established by the office, the office shall certify individuals eligible for the tax credit authorized by ORS 315.616. [1995 c.746 40; 1999 c.291 33; 1999 c.459 2] Note: 442.561 to 442.570 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.
The Office of Rural Health shall establish criteria for certifying individuals who are licensed to practice podiatry under ORS chapter 677 as eligible for the tax credit authorized by ORS 315.616. Upon application therefor and upon a finding that the applicant is or will be providing podiatric services to one or more rural communities and otherwise meets the eligibility criteria established by the office, the office shall certify individuals eligible for the tax credit authorized by ORS 315.616. [1995 c.746 41; 1999 c.291 34; 1999 c.459 3; 2013 c.129 31] Note: See note under 442.561.
(1) The Office of Rural Health shall establish criteria for certifying individuals eligible for the tax credit authorized by ORS 315.613. Upon application therefor, the office shall certify individuals eligible for the tax credit authorized by ORS 315.613. (2) The classification of rural hospitals described in ORS 315.613 (3)(a) to (d) for purposes of determining eligibility under this section shall be the classification of the hospital in effect on January 1, 1991. [1989 c.893 7; 1991 c.877 19; 1995 c.746 35; 1999 c.291 35; 1999 c.459 4; 2013 c.177 5; 2017 c.718 12; 2019 c.495 2] Note: See note under 442.561.
The Office of Rural Health shall establish criteria for certifying individuals who are licensed as optometrists under ORS 683.010 to 683.340 as eligible for the tax credit authorized by ORS 315.616. Upon application therefor and upon a finding that the applicant is or will be providing optometry services to one or more rural communities and otherwise meets the eligibility criteria established by the office, the office shall certify individuals eligible for the tax credit authorized by ORS 315.616. [1997 c.787 2; 1999 c.291 36; 1999 c.459 5] Note: See note under 442.561.
[1989 c.893 19; renumbered 442.568 in 2005]
The Office of Rural Health shall establish criteria for certifying individuals who are licensed as emergency medical services providers under ORS chapter 682 as eligible for the tax credit authorized by ORS 315.622. Upon application for the credit and upon a finding that the applicant will be providing emergency medical services in one or more rural areas and otherwise meets the eligibility criteria established by the office, the office shall certify the individual as eligible for the tax credit authorized by ORS 315.622. [2005 c.832 65; 2011 c.703 41] Note: See note under 442.561.
(1) The Oregon Health and Science University shall develop and implement a program to focus recruitment efforts on students who reside in or who are interested in practicing in rural or medically underserved areas of this state. (2) The university shall reserve a number of admissions to each class at the medical school for qualified students who demonstrate an interest in practicing medicine in rural or medically underserved areas of this state. Once the students are admitted, the university shall support them with resources such as clinical rotations in rural or medically underserved areas, programs that allow a student to complete a clerkship in family medicine and rural and community health in a single rural Oregon community and technical assistance with accessing education loan and assistance programs. Not more than 15 percent of the students in each class shall be admitted under this section, consistent with the intent of the Legislative Assembly to encourage the availability of medical services in rural and medically underserved areas of this state. (3) In the event that the university is unable to recruit the number of qualified students required under subsection (2) of this section, after having made a reasonable effort to do so, the university is authorized to fill the remaining positions with other eligible candidates. [Formerly 442.565; 2010 c.42 4; 2013 c.177 6] Note: See note under 442.561.
(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 to 293.857, for expenses and payments by the office in carrying out the purposes of ORS 315.613, 315.616, 315.619, 353.450, 442.470, 442.503 and 442.561 to 442.570. 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 to 442.570. 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.
[1991 c.760 1; 1993 c.514 1; renumbered 442.860 in 2019]
As used in this section and ORS 442.602: (1) "Charity care" means free or discounted health services provided to persons who cannot afford to pay and from whom a hospital has no expectation of payment. "Charity care" does not include bad debt, contractual allowances or discounts for quick payment. (2) "Community benefit" means a program or activity that provides treatment or promotes health and healing, addresses health disparities or addresses the social determinants of health in response to an identified community need. "Community benefit" includes: (a) Charity care; (b) Losses related to Medicaid, State Childrens Health Insurance Program or other publicly funded health care program shortfalls other than Medicare; (c) Community health improvement services; (d) Research; (e) Financial and in-kind contributions to the community; and (f) Community building activities affecting health in the community. (3) "Social determinants of health" has the meaning given that term in ORS 442.612. [Formerly 442.200]
(1) The Oregon Health Authority shall by rule adopt a cost-based community benefit reporting system for hospitals operating in Oregon that is consistent with established national standards for hospital reporting of community benefits. (2) Within 90 days of filing a Medicare cost report, a hospital must submit a community benefit report to the authority of the community benefits provided by the hospital, on a form prescribed by the authority. (3) The authority shall produce an annual report of the information provided under subsections (1) and (2) of this section. The report shall be submitted to the Governor, the President of the Senate and the Speaker of the House of Representatives. The report shall be presented to the Legislative Assembly during each odd-numbered year regular session and shall be made available to the public. (4) The authority may adopt all rules necessary to carry out the provisions of this section. [Formerly 442.205]
(1) As used in this section: (a) "Financial assistance policy" means a policy that meets the requirements of section 501(r) of the Internal Revenue Code and implementing regulations. (b) "Hospital" has the meaning given that term in ORS 442.015. (2) A hospital shall have a written financial assistance policy that complies with the plain language standards for consumer contracts under ORS 180.545 (1). (3) A hospital shall: (a) Provide a paper copy of the financial assistance policy to a patient upon request; (b) Include on each billing statement notice of: (A) The availability of financial assistance; (B) The contact information for the office or department of the hospital that can provide information about obtaining financial assistance; and (C) The direct Internet address for the financial assistance policy; and (c) Maintain public displays in locations in the hospital that are accessible to the public that notify and inform patients about the financial assistance policy. Locations that are accessible to the public include but are not limited to the emergency department, if any, and the areas where patient admissions are processed. (4) The Oregon Health Authority shall make available to hospitals and the general public a uniform application for financial assistance, created by a trade association representing hospitals, that may be used in any hospital in this state to request financial assistance. [2018 c.50 9; 2018 c.50 10] Note: 442.610 to 442.630 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.
As used in ORS 442.612 to 442.630: (1) "Adjust" means to reduce a patients cost by a specified percentage. (2) "Community benefit" has the meaning given that term in ORS 442.601. (3) "Gross charges" means a hospitals full, established price for medical care that the hospital consistently and uniformly charges patients before applying any contractual allowance, discounts or deductions. (4)(a) "Hospital" has the meaning given that term in ORS 442.015, excluding any campus of the Oregon State Hospital, a hospital operated by the United States Department of Veterans Affairs Veterans Health Administration or any other hospital operated by the federal government. (b) "Hospital" includes only hospitals located in this state. (5) "Hospital-affiliated clinic" or "affiliated clinic" means a facility located in this state that provides outpatient health services and that is operated under the common control or ownership of a hospital. (6) "Household" means: (a)(A) A single individual; or (B) Spouses, domestic partners, or a parent and child under 18 years of age, living together; and (b) Other individuals for whom a single individual, spouse, domestic partner or parent is financially responsible. (7) "Medically necessary" means: (a) Necessary to prevent, diagnose or treat an illness, injury, condition or disease, or the symptoms of an illness, injury, condition or disease; and (b) Meeting accepted standards of medicine. (8) "Nonprofit" means: (a) Organized not for profit, pursuant to ORS chapter 65 or any predecessor of ORS chapter 65; or (b) Organized and operated as described under section 501(c) of the Internal Revenue Code as defined in ORS 305.842. (9) "Patients cost" means the portion of charges billed to a patient for care received at a hospital or a hospital-affiliated clinic that are not reimbursed by insurance or a publicly funded health care program, taking into account the requirements of section 501(r)(5) of the Internal Revenue Code that: (a) Prohibit a nonprofit hospital from billing gross charges; and (b) Limit amounts charged for emergency or other medically necessary care, to a patient who qualifies under the nonprofit hospitals financial assistance policy, to no more than amounts generally billed to a patient who has insurance that reimburses all or a portion of the cost of the care. (10) "Social determinants of health" means the social, economic and environmental conditions in which people are born, grow, work, live and age, shaped by the distribution of money, power and resources at local, national and global levels, institutional bias, discrimination, racism and other factors. [2019 c.497 1; 2021 c.96 3] Note: See note under 442.610.
(1) A nonprofit hospitals written financial assistance policy described in ORS 442.610 must: (a) Provide for adjusting a patients costs as follows: (A) For a patient whose household income is not more than 200 percent of the federal poverty guidelines, by 100 percent; (B) For a patient whose household income is more than 200 percent of the federal poverty guidelines and not more than 300 percent of the federal poverty guidelines, by a minimum of 75 percent; (C) For a patient whose household income is more than 300 percent of the federal poverty guidelines and not more than 350 percent of the federal poverty guidelines, by a minimum of 50 percent; and (D) For a patient whose household income is more than 350 percent of the federal poverty guidelines and not more than 400 percent of the federal poverty guidelines, by a minimum of 25 percent; (b) Apply to all of the hospitals nonprofit affiliated clinics; (c) Be translated into each language spoken by the lesser of 1,000 people or five percent of the population that resides in the nonprofit hospitals service area; (d) Ensure that interpreter services are available to translate the policy into languages other than those described in paragraph (c) of this subsection; and (e) Apply to all medically necessary services or supplies. (2)(a) A nonprofit hospitals written financial assistance policy described in ORS 442.610 may not require a patient to apply for medical assistance, as defined in ORS 414.025, before the patient will be screened for or provided financial assistance. (b) This subsection does not prohibit a hospital from providing information to patients about their eligibility for medical assistance or assisting patients in applying for medical assistance. [2019 c.497 2; 2019 c.497 3; 2021 c.96 1] Note: See note under 442.610.
(1) As used in this section, "health care facility" has the meaning given that term in ORS 442.015, excluding long term care facilities. (2) A hospital shall report annually to the Oregon Health Authority the following information regarding all health care facilities and affiliated clinics that are owned in part or in full by the hospital or operating under the same brand as the hospital: (a) The address of each health care facility and affiliated clinic; (b) Whether the hospitals financial assistance policy, developed under ORS 442.614, is posted in the health care facility and affiliated clinic and available to patients of the facility and affiliated clinic; and (c) Whether the hospital is a nonprofit entity and whether the hospitals nonprofit status applies to the hospitals affiliated clinics. (3) The authority shall prescribe the form and manner for reporting the information described in subsection (2) of this section. (4) A hospital that fails to file a timely report, as prescribed by the authority, may be subject to a civil penalty not to exceed $500 per day. Civil penalties shall be imposed as provided in ORS 183.745. [2019 c.497 7] Note: See note under 442.610.
(1) Every two years, the Oregon Health Authority shall establish a community benefit spending floor as provided in this section based on objective data and criteria, including but not limited to the following: (a) Historical and current expenditures on community benefits by the hospital and the hospitals affiliated clinics. (b) Community needs identified in the community needs assessment conducted by the hospital in accordance with section 501(r)(3) of the Internal Revenue Code, and community health assessments and community health improvement plans of coordinated care organizations that serve the same geographic area served by the hospital and the hospitals affiliated clinics, in accordance with ORS 414.575 and 414.578. (c) The hospitals need to expand the health care workforce. (d) The overall financial position of the hospital and the hospitals affiliated clinics based on audited financial statements and other objective data. (e) The demographics of the population in the areas served by the hospital and the hospitals affiliated clinics. (f) The spending on the social determinants of health by the hospital or the hospitals affiliated clinics. (g) Taxes paid by the hospital and the hospitals payments, in lieu of taxes, paid to: (A) A local government; (B) The state; or (C) The United States government. (h) Criteria governing the manner in which the authority will consider input received from the general public under subsection (2)(c) of this section. (i) The hospitals obligations and commitments, as reported to the Internal Revenue Service, to: (A) Fund, support or provide health professions education; and (B) Fund health research. (j) For the Oregon Health and Science University hospital, its obligation to carry out the public purposes and missions specified in ORS 353.030. (2) In establishing the community benefit spending floors under subsection (1) of this section, the authority shall: (a) Consult with representatives of hospitals; (b) Provide an opportunity for hospitals and hospital-affiliated clinics to respond to any findings; (c) Solicit and consider comments from the general public; and (d) Consult with or solicit advice from one or more individuals with expertise in the economics of health care. (3) The authority shall adopt by rule alternative methodologies for hospitals and hospital-affiliated clinics to report data and to apply the community benefit spending floors, including but not limited to: (a) By each individual hospital and all of the hospitals nonprofit affiliated clinics; (b) By a hospital and a group of the hospitals nonprofit affiliated clinics; and (c) By all hospitals that are under common ownership and control and all of the hospitals nonprofit affiliated clinics. (4) Each hospital shall be provided the opportunity to select the applicable methodology from those adopted by the authority by rule under subsection (3) of this section. (5) The authority may adopt rules necessary to carry out the provisions of this section. [2019 c.497 6] Note: See note under 442.610.
[1999 c.1056 3; renumbered 442.870 in 2019]
A nonprofit hospital shall post to the hospitals website the following information regarding its community health needs assessment conducted in accordance with section 501(r)(3) of the Internal Revenue Code: (1) A description of the health care needs identified in the hospitals community health needs assessment; (2) The three-year strategy developed to address the health care needs of the community; (3) Annual progress on the implementation of the strategy; and (4) Opportunities for public participation in the assessment and development of the strategy. [2019 c.497 5] Note: See note under 442.610. Note: Section 12, chapter 497, Oregon Laws 2019, provides: Sec. 12. No later than December 31, 2022, the Oregon Health Authority shall report to the interim committees of the Legislative Assembly related to health on the implementation of ORS 442.612 to 442.630 and 646A.677 and the amendments to ORS 442.200 by section 10, chapter 497, Oregon Laws 2019. [2019 c.497 12; 2021 c.96 4]
As used in ORS 442.700 to 442.760: (1) "Board of governors" means the governors of a cooperative program as described in ORS 442.720. (2) "Cooperative program" means a program among two or more health care providers for the purpose of providing heart and kidney transplant services including, but not limited to, the sharing, allocation and referral of physicians, patients, personnel, instructional programs, support services, facilities, medical, diagnostic, laboratory or therapeutic services, equipment, devices or supplies, and other services traditionally offered by health care providers. (3) "Health care provider" means a hospital, physician or entity, a significant part of whose activities consist of providing hospital or physician services in this state. For purposes of the immunities provided by ORS 442.700 to 442.760 and 646.740, "health care provider" includes any officer, director, trustee, employee, or agent of, or any entity under common ownership and control with, a health care provider. (4) "Hospital" means a hospital, a long term care facility or an ambulatory surgical center, as those terms are defined in ORS 442.015, that is licensed under ORS 441.015 to 441.087. "Hospital" includes community health programs established under ORS 430.610 to 430.695. (5) "Order" means a decision issued by the Director of the Oregon Health Authority under ORS 442.710 either approving or denying an application for a cooperative program and includes modifications of an original order under ORS 442.730 (3)(b) and ORS 442.740 (1) and (4). (6) "Party to a cooperative program agreement" or "party" means an entity that enters into the principal agreement to establish a cooperative program and applies for approval under ORS 442.700 to 442.760 and 646.740 and any other entity that, with the approval of the director, becomes a member of a cooperative program. (7) "Physician" means a physician licensed under ORS chapter 677. [1993 c.769 3; 2001 c.104 182; 2007 c.70 244; 2009 c.595 755; 2009 c.792 42; 2011 c.720 198; 2013 c.129 32; 2018 c.50 16]
(1) The Legislative Assembly finds that direct competition among health care providers in the field of heart and kidney transplant services may not result in the most cost efficient and least expensive transplant services for the citizens of this state and that it is in the public interest to allow cooperative programs among health care providers providing heart and kidney transplant services. (2) The Legislative Assembly declares that, to the extent provided in ORS 442.700 to 442.760, it is the policy and intent of this state to displace competition among health care providers providing heart and kidney transplant services by allowing health care providers to enter into cooperative programs governing the provision of heart and kidney transplant services in order to achieve in each instance the following goals: (a) Reduction of, or protection against, rising costs of heart and kidney transplant services; (b) Reduction of, or protection against, rising prices for heart and kidney transplant services; (c) Improvement or maintenance of the quality of heart and kidney transplant services provided in this state; (d) Reduction of, or protection against, duplication of resources including, without limitation, expensive medical specialists, medical equipment and sites of service; (e) Improvement or maintenance of efficiency in the delivery of heart and kidney transplant services; (f) Improvement or maintenance of public access to heart and kidney transplant services; (g) Increase in donations of organs for transplantation; and (h) Improvement in the continuity of patient care. (3) The Legislative Assembly further declares that the goals identified in subsection (2) of this section represent the policies of this state. (4) The Legislative Assembly further declares that once a cooperative program is approved under ORS 442.700 to 442.760, there is an interest in insuring stability in the provision of health care services by a cooperative program, to the extent stability is consistent with achieving the goals identified in subsection (2) of this section. (5) The Director of the Oregon Health Authority shall actively supervise the cooperative program in accordance with authority under ORS 442.700 to 442.760 and 646.740. [1993 c.769 1; 2009 c.595 756]
(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, 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 (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 (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 to 442.760 and 646.740, including at least the goals identified in ORS 442.705 (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 (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 to 442.760. (7) An order approving a cooperative program shall include: (a) Approval of specific activities listed in ORS 442.715; (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 (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]
(1) To the extent permitted by an order issued under ORS 442.710, health care providers providing heart and kidney transplant services through a cooperative program approved under ORS 442.700 to 442.760 may engage in the following practices in order to achieve the goals described in ORS 442.705 (2): (a) Set prices for heart and kidney transplants and all services directly related to heart and kidney transplants; (b) Refuse to deal with competitors in the heart and kidney transplant market; (c) Allocate product, service, geographic and patient markets directly relating to heart and kidney transplants; (d) Acquire and maintain a monopoly in heart and kidney transplant services; and (e) Engage in other activities that might give rise to liability under ORS 646.705 to 646.836 or federal antitrust laws. (2) To the extent permitted by an order issued under ORS 442.710 and in addition to the provisions of subsection (1) of this section, physicians participating in a cooperative program may agree among themselves on referrals of nontransplant cardiac surgeries to the extent necessary to achieve redistribution of the cardiac surgery cases among participating surgeons. (3) The Legislative Assembly intends that all persons arranging or participating in a cooperative program approved and conducted in accordance with an order issued under ORS 442.710 and all persons participating in good faith negotiations conducted pursuant to ORS 442.750 shall: (a) Not be subject to the provisions of ORS 646.705 to 646.836 so long as the activities of the cooperative program are regulated, lawful and approved in accordance with ORS 442.700 to 442.760 and 646.740; and (b) Receive the full benefit of state action immunity under federal antitrust laws. [1993 c.769 2]
(1) If the Director of the Oregon Health Authority issues an order approving an application for a cooperative program under ORS 442.710, the director shall establish a board of governors to govern the cooperative program. The board of governors shall not constitute, for any purpose, a governmental agency. (2) The board of governors shall consist of the president or other chief executive officer of each health care provider that is a party to the cooperative program agreement and the director or a designee of the director. The designee shall serve at the pleasure of the director. The designee shall not have any economic or other interest in any of the health care providers associated with the cooperative program. (3) In governing the cooperative program, the board of governors shall develop policy and approve budgets for the implementation of the cooperative program. (4) The director or designee of the director may reject any operating or capital budget of the cooperative program upon a finding by the director that the budget is not consistent with the goals listed in ORS 442.705 (2) that the cooperative program is expected to achieve. [1993 c.769 5; 2009 c.595 758]
Not later than 60 days following each anniversary date of the approval of a cooperative program by the Director of the Oregon Health Authority, the board of governors of the cooperative program shall deliver an annual report to the director. The report shall specifically describe: (1) How heart and kidney transplant services and related services of the cooperative program are being provided in accordance with the order; (2) Which of the goals identified in the order are being achieved and to what extent; and (3) Any substantial changes in the cooperative program. [1993 c.769 6; 2009 c.595 759]
(1) The Director of the Oregon Health Authority shall review and evaluate the annual report delivered under ORS 442.725. The director shall: (a) Determine the extent to which the cooperative program is achieving the goals identified in the order; (b) Review the activities being conducted to achieve the goals; and (c) Determine whether each of the activities is still necessary and appropriate to achieve the goals. (2) If the director determines that additional information is needed for the review described in subsection (1) of this section, the director may order the board of governors to provide the information within a specified time. (3) Within 60 days after receiving the annual report or any additional information ordered under subsection (2) of this section, the director shall: (a) Approve the report if the director determines that the cooperative program is operating in accordance with the order and that the goals identified in the order are being adequately achieved by the cooperative program; (b) Modify the order as appropriate to adjust to changes in the cooperative program approved by the director and approve the report as provided in paragraph (a) of this subsection; (c) Order the board of governors to make remedial changes in anticompetitive activities not in compliance with the order and request the board of governors to report on progress not later than a deadline specified by the director; (d) Revoke approval of the cooperative program; or (e) Take any of the actions set forth in ORS 442.740. [1993 c.769 7; 2009 c.595 760]
(1) Any person may file a complaint with the Director of the Oregon Health Authority requesting that a specific decision or action of a cooperative program supervised by the director be reversed or modified, or that approval for all or part of the activities permitted by the order be suspended or terminated. The complaint shall allege the reasons for the requested action and shall include any evidence relating to the complaint. (2) The director on the directors own initiative may at any time request information from the board of governors concerning the activities of the cooperative program to determine whether the cooperative program is in compliance with the order. [1993 c.769 8; 2009 c.595 761]
(1) During the review of the annual report described in ORS 442.730, after receiving a complaint under ORS 442.735, or on the directors own initiative, the Director of the Oregon Health Authority may take one or more of the following actions: (a) If the director determines that a particular decision or action is not in accordance with the order, or that the parties are engaging in anticompetitive activity not permitted by the order, the director may direct the board of governors to identify and implement corrective action to insure compliance with the order or may modify the order. (b) If the director determines that the cooperative program is engaging in unlawful activity not permitted by the order or is not complying with the directive given under paragraph (a) of this subsection, the director may serve on the cooperative program a proposed order directing the cooperative program to: (A) Conform with the directive under paragraph (a) of this subsection; or (B) Cease and desist from engaging in the activity. (2) The cooperative program shall have up to 30 days to comply with a proposed order under subsection (1)(b) of this section unless the board of governors demonstrates additional time is needed for compliance. (3) If the director determines that the participants in the cooperative program are in substantial noncompliance with the cease and desist directive, the director may seek an appropriate injunction in the circuit courts of Marion or Multnomah Counties. (4) If the director determines that a sufficient number of the goals set forth in ORS 442.705 (2) are not being achieved or that the cooperative program is engaging in activity not permitted by the order, the director may suspend or terminate approval for all or part of the activities approved and permitted by the order. (5) A proposed order to be entered under subsection (1)(b) or (4) of this section may be served upon the cooperative program without prior notice. The cooperative program may contest the proposed order by filing a written request for a contested case hearing with the director not later than 20 days following the date of the proposed order. The proposed order shall become final if no request for a hearing is received. Unless inconsistent with this subsection, the provisions of ORS chapter 183, as applicable, shall govern the hearing procedure and any judicial review. (6) The only effect of an order suspending or terminating approval under ORS 442.700 to 442.760 shall be to withdraw the immunities granted under ORS 442.715 (3) for anticompetitive activity permitted by the order and taken after the effective date of the order. [1993 c.769 9; 2009 c.595 762]
If parties to a cooperative program agreement provide the Director of the Oregon Health Authority with written or oral information that is confidential or otherwise protected from disclosure under Oregon law, the disclosures shall not be considered a waiver of any right to protect the information from disclosure in other proceedings. [1993 c.769 10; 2009 c.595 763]
(1) Notwithstanding the provisions of ORS 646.705 to 646.836: (a) A cooperative program for which approval has been granted under ORS 442.700 to 442.760 and 646.740 is a lawful program to the extent it engages in activities permitted by the order and supervised by the Director of the Oregon Health Authority and is in compliance with the order; and (b) If the parties to a cooperative program apply to the director as provided in ORS 442.710, the conduct of the parties and all other participants in negotiating or entering into a cooperative program is lawful conduct. (2) Subsection (1)(b) of this section does not apply to persons negotiating a cooperative program if it can be demonstrated, by a preponderance of the evidence, that the persons do not or did not intend to enter into a cooperative agreement. (3) Nothing in ORS 442.700 to 442.760 and 646.740 shall be construed to immunize any person from liability or impose liability where none would otherwise exist under federal or state antitrust laws for conduct in negotiating and entering into a cooperative program for which no application was filed with the director. [1993 c.769 11; 2009 c.595 764]
(1) The Director of the Oregon Health Authority shall adopt rules as may be necessary to carry out the provisions of ORS 442.700 to 442.760. (2) The costs of program approval and supervision shall be paid by the parties to a cooperative program agreement and the director shall set fees for application, annual review and supervision as necessary to fund the directors supervision of the program. [1993 c.769 12; 2009 c.595 765]
Notwithstanding the provisions of ORS 183.310 (7) and 183.480, only a party to a cooperative program agreement or the Director of the Oregon Health Authority shall be entitled to a contested case hearing or judicial review of an order issued pursuant to ORS 442.700 to 442.760 and 646.740. [1993 c.769 13; 2003 c.75 92; 2009 c.595 766]
[2017 c.396 1; renumbered 441.078 in 2019]
[1999 c.494 1; 2009 c.595 767; renumbered 441.221 in 2013]
[1999 c.494 3; renumbered 441.222 in 2013]
[1999 c.494 4; 2001 c.900 180; 2009 c.595 768; 2013 c.414 4; renumbered 441.223 in 2013]
As used in ORS 442.819 to 442.851: (1) "Participant" means an entity that reports patient safety data to the Oregon Patient Safety Reporting Program, and any agent, employee, consultant, representative, volunteer or medical staff member of the entity. (2) "Patient safety activities" includes but is not limited to: (a) The collection and analysis of patient safety data by a participant; (b) The collection and analysis of patient safety data by the Oregon Patient Safety Commission established in ORS 442.820; (c) The utilization of patient safety data by participants; (d) The utilization of patient safety data by the Oregon Patient Safety Commission to improve the quality of care with respect to patient safety and to provide assistance to health care providers to minimize patient risk; and (e) Oral and written communication regarding patient safety data among two or more participants with the intent of making a disclosure to or preparing a report to be submitted to the patient safety reporting program. (3) "Patient safety data" means oral communication or written reports, data, records, memoranda, analyses, deliberative work, statements, root cause analyses or action plans that are collected or developed to improve patient safety or health care quality that: (a) Are prepared by a participant for the purpose of reporting patient safety data voluntarily to the patient safety reporting program, or that are communicated among two or more participants with the intent of making a disclosure to or preparing a report to be submitted to the patient safety reporting program; (b) Are collected or prepared by a patient safety organization certified by the United States Department of Health and Human Services under 42 U.S.C. 299b-24; or (c) Are created by or at the direction of the patient safety reporting program, including communication, reports, notes or records created in the course of an investigation undertaken at the direction of the Oregon Patient Safety Commission. (4) "Patient safety reporting program" means the Oregon Patient Safety Reporting Program created in ORS 442.837. (5) "Serious adverse event" means an objective and definable negative consequence of patient care, or the risk thereof, that is unanticipated, usually preventable and results in, or presents a significant risk of, patient death or serious physical injury. [2003 c.686 1; 2009 c.436 3] Note: 442.819 to 442.851 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.
(1) The Oregon Patient Safety Commission is established as a semi-independent state agency subject to ORS 182.456 to 182.472. The commission shall exercise and carry out all powers, rights and privileges that are expressly conferred upon it, are implied by law or are incident to such powers. (2) The mission of the commission is to improve patient safety by reducing the risk of serious adverse events occurring in Oregons health care system and by encouraging a culture of patient safety in Oregon. To accomplish this mission, the commission shall: (a) Establish a confidential, voluntary serious adverse event reporting system to identify serious adverse events; (b) Establish quality improvement techniques to reduce systems errors contributing to serious adverse events; and (c) Disseminate evidence-based prevention practices to improve patient outcomes. (3) ORS 192.311 to 192.478 do not apply to public records created or maintained by the commission that contain patient safety data or to reports obtained by the program. (4) ORS 192.610 to 192.690 do not apply to portions of a meeting of the Oregon Patient Safety Commission Board of Directors, or subcommittees or advisory committees established by the board, to consider information that identifies a participant or patient and the written minutes of that portion of the meeting. (5) Notwithstanding ORS 182.460, ORS 293.250 applies to the commission for the purpose of collecting unpaid fees established under ORS 442.850 that are owed to the commission and are past due. [2003 c.686 2; 2009 c.436 4] Note: See note under 442.819.
The Oregon Patient Safety Commission may accept contributions of funds and assistance from the United States Government or its agencies or from any other source, public or private, and agree to conditions not inconsistent with the purposes of the commission. All funds received by the commission shall be deposited in the account established pursuant to ORS 182.470. The commission may apply for grants and foundation support and may compete for contracts consistent with the mission and goals of the commission. [2003 c.686 3] Note: See note under 442.819.
(1) There is established the Oregon Patient Safety Commission Board of Directors consisting of 17 members, including the Public Health Officer and 16 directors who shall be appointed by the Governor and who shall be confirmed by the Senate in the manner prescribed in ORS 171.562 and 171.565. (2) Membership on the board shall reflect the diversity of facilities, providers, insurers, purchasers and consumers that are involved in patient safety. Directors shall demonstrate interest, knowledge or experience in the area of patient safety. (3) The membership of the board shall be as follows: (a) The Public Health Officer or the officers designee; (b) One faculty member, who is not involved in the direct delivery of health care, of a public university listed in ORS 352.002 or a private Oregon university; (c) Two representatives of group purchasers of health care, one of whom shall be employed by a state or other governmental entity and neither of whom may provide direct health care services or have an immediate family member who is involved in the delivery of health care; (d) Two representatives of health care consumers, neither of whom may provide direct health care services or have an immediate family member who is involved in the delivery of health care; (e) Two representatives of health insurers, including a representative of a domestic not-for-profit health care service contractor, a representative of a domestic insurance company licensed to transact health insurance or a representative of a health maintenance organization; (f) One representative of a statewide or national labor organization; (g) Two physicians licensed under ORS chapter 677 who are in active practice; (h) Two hospital administrators or their designees; (i) One pharmacist licensed under ORS chapter 689; (j) One representative of an ambulatory surgical center or an outpatient renal dialysis facility; (k) One nurse licensed under ORS chapter 678 who is in active clinical practice; and (L) One nursing home administrator licensed under ORS chapter 678 or one nursing home director of nursing services. (4) The term of office of each director appointed by the Governor is four years. Before the expiration of the term of a director, the Governor shall appoint a successor whose term begins on July 2 next following. A director is eligible for reappointment for an additional term. If there is a vacancy for any cause, the Governor shall make an appointment to become effective immediately for the unexpired term. The board shall nominate a slate of candidates whenever a vacancy occurs or is announced and shall forward the recommended candidates to the Governor for consideration. (5) The board shall select one of its members as chairperson and another as vice chairperson for the terms and with the duties and powers as the board considers necessary for performance of the functions of those offices. The board shall adopt bylaws as necessary for the efficient and effective operation of the commission. (6) The Governor may remove any member of the board at any time at the pleasure of the Governor, but not more than eight directors shall be removed within a period of four years, unless it is for corrupt conduct in office. The board may remove a director as specified in the commission bylaws. (7) The board may appoint subcommittees and advisory groups as needed to assist the board, including but not limited to one or more consumer advisory groups and technical advisory groups. The technical advisory groups shall include physicians, nurses and other licensed or certified professionals with specialty knowledge and experience as necessary to assist the board. (8) No voting member of the board may be an employee of the commission. [2003 c.686 7; 2007 c.71 130; 2007 c.476 5; 2011 c.272 3; 2013 c.768 143a; 2015 c.767 174] Note: See note under 442.819.
(1) Except as otherwise provided in ORS 442.819 to 442.851, 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 serious 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) Assess completeness of reports from participants; (B) Assess credibility and thoroughness of root cause analyses submitted to the program; (C) Assess the acceptability of action plans and participant follow-up on the action plan; and (D) Obtain certification by the Public Health Officer on the completeness, credibility, thoroughness and acceptability of participant reports, root cause analyses and action plans. (f) Establishing criteria for terminating a participant from the program. Incomplete reporting, failure to comply with ORS 442.837 (4) or failure to adequately implement an action plan are grounds for termination from the program. (2) The board may not use or disclose patient safety data reported, collected or developed pursuant to ORS 442.819 to 442.851 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] Note: See note under 442.819.
The Oregon Patient Safety Commission Board of Directors shall appoint an administrator of the Oregon Patient Safety Commission. Subject to the supervision of the board, the administrator has authority to direct the affairs of the commission. The administrator may not be a voting member of the board. [2003 c.686 11] Note: See note under 442.819.
(1) The Oregon Patient Safety Reporting Program is created in the Oregon Patient Safety Commission to develop a serious adverse event reporting system. The program shall include but is not limited to: (a) Reporting by participants, in a timely manner and in the form determined by the Oregon Patient Safety Commission Board of Directors established in ORS 442.830, of the following: (A) Serious adverse events; (B) Root cause analyses of serious adverse events; (C) Action plans established to prevent similar serious adverse events; and (D) Patient safety plans establishing procedures and protocols. (b) Analyzing reported serious adverse events, root cause analyses and action plans to develop and disseminate information to improve the quality of care with respect to patient safety. This information shall be made available to participants and shall include but is not limited to: (A) Statistical analyses; (B) Recommendations regarding quality improvement techniques; (C) Recommendations regarding standard protocols; and (D) Recommendations regarding best patient safety practices. (c) Providing technical assistance to participants, including but not limited to recommendations and advice regarding methodology, communication, dissemination of information, data collection, security and confidentiality. (d) Auditing participant reporting to assess the level of reporting of serious adverse events, root cause analyses and action plans. (e) Overseeing action plans to assess whether participants are taking sufficient steps to prevent the occurrence of serious adverse events. (f) Creating incentives to improve and reward participation, including but not limited to providing: (A) Feedback to participants; and (B) Rewards and recognition to participants. (g) Distributing written reports using aggregate, deidentified data from the program to describe statewide serious adverse event patterns and maintaining a website to facilitate public access to reports, as well as a list of names of participants. The reports shall include but are not limited to: (A) The types and frequencies of serious adverse events; (B) Yearly serious adverse event totals and trends; (C) Clusters of serious adverse events; (D) Demographics of patients involved in serious adverse events, including the frequency and types of serious adverse events associated with language barriers or ethnicity; (E) Systems factors associated with particular serious adverse events; (F) Interventions to prevent frequent or high severity serious adverse events; (G) Analyses of statewide patient safety data in Oregon and comparisons of that data to national patient safety data; and (H) Appropriate consumer information regarding prevention of serious adverse events. (2) Participation in the program is voluntary. The following entities are eligible to participate: (a) Hospitals as defined in ORS 442.015; (b) Long term care facilities as defined in ORS 442.015; (c) Pharmacies licensed under ORS chapter 689; (d) Ambulatory surgical centers as defined in ORS 442.015; (e) Outpatient renal dialysis facilities as defined in ORS 442.015; (f) Freestanding birthing centers as defined in ORS 442.015; (g) Independent professional health care societies or associations; and (h) Extended stay centers licensed under ORS 441.026. (3) Reports or other information developed and disseminated by the program may not contain or reveal the name of or other identifiable information with respect to a particular participant providing information to the commission for the purposes of ORS 442.819 to 442.851, or to any individual identified in the report or information, and upon whose patient safety data, patient safety activities and reports the commission has relied in developing and disseminating information pursuant to this section. (4) After a serious adverse event occurs, a participant must provide written notification in a timely manner to each patient served by the participant who is affected by the event. Notice provided under this subsection may not be construed as an admission of liability in a civil action. (5) The commission shall collaborate with providers of ambulatory health care to develop initiatives to promote patient safety in ambulatory health care. [2003 c.686 4; 2009 c.436 5; 2011 c.30 4; 2018 c.50 8] Note: See note under 442.819.
(1) The Oregon Patient Safety Commission is the central agency in Oregon responsible for the collection of data and analyses produced by all entities in Oregon that are certified by the United States Department of Health and Human Services under 42 U.S.C. 299b-24 as patient safety organizations. (2) The commission shall incorporate the data and analyses collected under this section in the preparation of reports required by ORS 442.837. [2009 c.436 2] Note: See note under 442.819.
(1) Patient safety data reported to the Oregon Patient Safety Commission and information developed pursuant to the auditing and oversight described in ORS 442.837 (1) may not be disclosed to, subject to subpoena by or used by any state agency for purposes of any enforcement or regulatory action in relation to a participant. (2) Nothing in ORS 442.819 to 442.851 may be construed to limit the regulatory or enforcement authority of any state agency and, except for patient safety data, state agencies have the same authority to access participant records or other information in the same manner and to the same extent as if ORS 442.819 to 442.851 were not enacted. (3) As used in this section, "state agency" has the meaning given that term in ORS 183.750. [2003 c.686 5] Note: See note under 442.819.
(1) Patient safety data and reports obtained by a patient safety reporting program from participants are confidential and privileged and are not admissible in evidence in any civil action, including but not limited to a judicial, administrative, arbitration or mediation proceeding. Patient safety data, patient safety activities and reports are not subject to: (a) Civil or administrative subpoena; (b) Discovery in connection with a civil action, including but not limited to a judicial, administrative, arbitration or mediation proceeding; or (c) Disclosure under state public records law pursuant to ORS 442.820 (3) and, if permissible, federal public records laws. (2) The privilege established under this section does not apply to records of a patients medical diagnosis and treatment and to records of a participant created in the ordinary course of business. (3) Patient safety data, collected or developed for the purpose of and with the intent to communicate with or to make a disclosure or report to the patient safety reporting program, that are contained in the business records of the participant are confidential and not subject to civil or administrative subpoena or to discovery in a civil action, including but not limited to a judicial, administrative, arbitration or mediation proceeding. (4) The following persons are not subject to an action for civil damages for affirmative actions taken, acts of omission or statements made in good faith: (a) A person serving on the Oregon Patient Safety Commission Board of Directors; (b) A person serving on a committee established by the board; (c) A person communicating information to the Oregon Patient Safety Reporting Program; or (d) A person conducting a study or investigation on behalf of the program. (5) A participant or a representative of the Oregon Patient Safety Reporting Program may not be examined in any civil action, including but not limited to a judicial, administrative, arbitration or mediation proceeding, as to whether a communication of any kind, including oral and written communication, has been made or shared with another participant or with the program regarding patient safety data, patient safety activities, reports, records, memoranda, analyses, deliberative work, statements or root cause analyses, provided the communication was made with the intent of making a disclosure to or preparing a report to be submitted to the Oregon Patient Safety Commission. (6) Nothing in this section may be construed to: (a) Limit or discourage patient safety activities of or among participants or the voluntary reporting of patient safety data by one or more participants, individually or jointly, to a patient safety reporting program; (b) Affect other privileges that are available under federal or state laws that provide greater peer review or confidentiality protections than do the protections afforded under ORS 442.819 to 442.851; (c) Preempt or otherwise affect mandatory reporting requirements under Oregon law or licensing or certification requirements of state or federal law; or (d) Diminish obligations of participants to comply with state and federal laws pertaining to quality assurance, personnel management and infection control requirements. (7) Reporting or sharing of patient safety data by a participant is not a waiver of any privilege or protection established under ORS 442.819 to 442.851 or other Oregon law. [2003 c.686 12] Note: See note under 442.819.
The Oregon Patient Safety Commission may assess fees on the entities described in ORS 442.837 (2)(a) to (f) as determined by the Oregon Patient Safety Commission Board of Directors to fund the operating costs of the Oregon Patient Safety Reporting Program. [2003 c.686 6; 2007 c.476 2] Note: See note under 442.819.
(1) Amounts collected by the Oregon Patient Safety Commission under ORS 442.850 may not exceed $1.5 million for the fiscal year beginning on July 1, 2007, and ending on June 30, 2008. (2) For every fiscal year beginning on or after July 1, 2008, the dollar amount specified in subsection (1) of this section shall be adjusted annually by the commission based upon the change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. [2007 c.476 3; 2019 c.57 20] Note: See note under 442.819.
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 to 442.856 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.
As used in ORS 442.853 to 442.856: (1) "Health care facility" has the meaning given that term in ORS 442.015. (2) "Health care acquired infection" means a localized or systemic condition that: (a) Results from an adverse reaction to the presence of an infectious agent or its toxin; and (b) Was not present or incubating at the time of admission to the health care facility. (3) "Risk-adjusted methodology" means a standardized method used to ensure that intrinsic and extrinsic risk factors for a health care acquired infection are considered in the calculation of health care acquired infection rates. [2007 c.838 2] Note: See note under 442.853.
(1) There is established in the Oregon Health Authority the Oregon Health Care Acquired Infection Reporting Program. The program shall: (a) Provide useful and credible infection measures, specific to each health care facility, to consumers; (b) Promote quality improvement in health care facilities; and (c) Utilize existing quality improvement efforts to the extent practicable. (2) The authority shall adopt rules to: (a) Require health care facilities to report to the authority health care acquired infection measures, including health care acquired infection rates; (b) Specify the health care acquired infection measures that health care facilities must report; and (c) Prescribe the form, manner and frequency of reports of health care acquired infection measures by health care facilities. (3) In prescribing the form, manner and frequency of reports of health care acquired infection measures by health care facilities, to the extent practicable and appropriate to avoid unnecessary duplication of reporting by facilities, the authority shall align the requirements with the requirements for health care facilities to report similar data to the Department of Human Services and to the Centers for Medicare and Medicaid Services. (4) The authority shall utilize, to the extent practicable and appropriate, a credible and reliable risk-adjusted methodology in analyzing the health care acquired infection measures reported by health care facilities. (5) The authority shall provide health care acquired infection measures and related information to health care facilities in a manner that promotes quality improvement in the health care facilities. (6) The authority may adopt rules prescribing the form, manner and frequency for public disclosure of reported health care acquired infection measures. (7) Individually identifiable health information submitted to the authority by health care facilities pursuant to this section may not be disclosed to, made subject to subpoena by or used by any state agency for purposes of any enforcement or regulatory action in relation to a participating health care facility. [2007 c.838 3; 2009 c.595 1157; 2013 c.61 6; 2017 c.101 47] Note: See note under 442.853.
(1) There is established the Health Care Acquired Infection Advisory Committee to advise the Director of the Oregon Health Authority regarding the Oregon Health Care Acquired Infection Reporting Program. The advisory committee shall consist of 16 members appointed by the director as follows: (a) Seven of the members shall be health care providers or their designees, including: (A) A hospital administrator who has expertise in infection control and who represents a hospital that contains fewer than 100 beds; (B) A hospital administrator who has expertise in infection control and who represents a hospital that contains 100 or more beds; (C) A long term care administrator; (D) A hospital quality director; (E) A physician with expertise in infectious disease; (F) A registered nurse with interest and involvement in infection control; and (G) A physician who practices in an ambulatory surgical center and who has interest and involvement in infection control. (b) Nine of the members shall be individuals who do not represent health care providers, including: (A) A consumer representative; (B) A labor representative; (C) An academic researcher; (D) A health care purchasing representative; (E) A representative of the Department of Human Services; (F) A representative of the business community; (G) A representative of the Oregon Patient Safety Commission who does not represent a health care provider on the commission; (H) A health insurer representative; and (I) The State Health Officer or the State Health Officers designee. (2) The Director of the Oregon Health Authority and the advisory committee shall evaluate on a regular basis the quality and accuracy of the data collected and reported by health care facilities under ORS 442.855 and the methodologies of the Oregon Health Authority for data collection, analysis and public disclosure. (3) Members of the advisory committee are not entitled to compensation and shall serve as volunteers on the advisory committee. (4) Each member of the advisory committee shall serve a term of two years. (5) The advisory committee shall make recommendations to the director regarding: (a) The health care acquired infection measures that health care facilities must report, which may include but are not limited to: (A) Surgical site infections; (B) Central line related bloodstream infections; (C) Urinary tract infections; and (D) Health care facility process measures designed to ensure quality and to reduce health care acquired infections; (b) Methods for evaluating and quantifying health care acquired infection measures that align with other data collection and reporting methodologies of health care facilities and that support participation in other quality interventions; (c) Requiring different reportable health care acquired infection measures for differently situated health care facilities as appropriate; (d) A method to ensure that infections present upon admission to the health care facility are excluded from the rates of health care acquired infection disclosed to the public for the health care facility under ORS 442.855; (e) Establishing a process for evaluating the health care acquired infection measures reported under ORS 442.855 and for modifying the reporting requirements over time as appropriate; and (f) Procedures to protect the confidentiality of patients, health care professionals and health care facility employees. [2007 c.838 4; 2009 c.595 1158; 2013 c.61 7; 2017 c.101 47a] Note: See note under 442.853.
The Legislative Assembly finds and declares that: (1) Maternity care is the cornerstone of health care delivery in the state. It provides a proven, cost-effective foundation for improving the health of all Oregonians, and a healthy start in life allows our future citizens to achieve their full potential. (2) Although great strides have been made to improve maternity care, barriers continue to exist as indicated by high rates of inadequate prenatal care and lack of coordination between prenatal and delivery services. (3) Individual communities have unique combinations of barriers and resources. Therefore, planning and solutions must be developed at the local level whenever possible, with the state providing guidelines, standards and support. (4) Local resources are strained and communities need a structure and technical assistance to assure development of access to a coordinated system of maternity care. (5) There is a need for a system to assure coordination of all maternity service providers to develop a comprehensive service system for Oregon that addresses all barriers to guide the states action in this area. (6)(a) Therefore, it is the intent of this state that there shall be a comprehensive system of maternity care based on the plan that includes prenatal, delivery and postpartum care and that meets the unique needs of the individual pregnant woman, available to all pregnant women in this state. (b) As used in this subsection, "plan" means the Maternity Care Access Planning Commissions comprehensive statewide plan for a maternity care system dated March 1993 and titled "Comprehensive Perinatal Health Services: A Strategy Toward Universal Access to Care in Oregon." [Formerly 442.600] Note: 442.860 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.
(1) The Emergency Medical Services Enhancement Account is established separate and distinct from the General Fund. Interest earned on moneys in the account shall accrue to the account. All moneys deposited in the account are continuously appropriated to the Department of Revenue for the purposes of this section. (2) The Department of Revenue shall distribute moneys in the Emergency Medical Services Enhancement Account in the following manner: (a) 35 percent of the moneys in the account shall be transferred to the Office of Rural Health established under ORS 442.475 for the purpose of enhancing emergency medical services in rural areas as specified in ORS 442.507. (b) 25 percent of the moneys in the account shall be transferred to the Emergency Medical Services and Trauma Systems Program established under ORS 431A.085. (c) 35 percent of the moneys in the account shall be transferred to the Area Health Education Center program established under ORS 353.450. (d) 5 percent of the moneys in the account shall be transferred to the Oregon Poison Center referred to in ORS 431A.313. [Formerly 442.625] Note: 442.870 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 442 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) Any reporting entity that fails to report as required by rules of the Oregon Health Authority adopted pursuant to ORS 442.362 may be subject to a civil penalty. (2) The authority shall adopt a schedule of penalties, not to exceed $500 per day of violation, that are based on the severity of the violation. (3) Civil penalties imposed under this section shall be imposed as provided in ORS 183.745. (4) Civil penalties imposed under this section may be remitted or mitigated upon such terms and conditions as the authority considers proper and consistent with the public health and safety. (5) Civil penalties incurred under any law of this state are not allowable as costs for the purpose of rate determination or for reimbursement by a third-party payer. [2009 c.595 1199; 2015 c.318 38]
(1) The Oregon Health Authority shall adopt a schedule of civil penalties not to exceed $500 per day of violation, determined by the severity of the violation, for: (a) Any reporting entity that fails to report as required by ORS 442.373 or rules adopted by the authority. (b) Any provider or payer that fails to report cost growth data or to develop and implement a performance improvement plan if required by ORS 442.386 or rules adopted by the authority. (2) Civil penalties under this section shall be imposed as provided in ORS 183.745. (3) Civil penalties imposed under this section may be remitted or mitigated upon such terms and conditions as the authority considers proper and consistent with the public health and safety. (4) Civil penalties incurred under any law of this state are not allowable as costs for the purpose of rate determination or for reimbursement by a third-party payer. (5) Moneys collected from providers and payers described in subsection (1)(b) of this section shall be deposited in the Oregon Health Authority Fund established by ORS 413.101 and used by the authority to support programs that expand access to health care and that support populations adversely affected by high health care costs. [2009 c.595 1202; 2015 c.318 39; 2015 c.845 2; 2021 c.51 6] Note: 442.993 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 442 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) Any health care facility that fails to perform as required in ORS 442.602 and 442.400 to 442.463 or 442.855, and rules of the Oregon Health Authority may be subject to a civil penalty. (2) The Oregon Health Authority shall adopt a schedule of penalties not to exceed $500 per day of violation, determined by the severity of the violation. (3) Civil penalties under this section shall be imposed as provided in ORS 183.745. (4) Civil penalties imposed under this section may be remitted or mitigated upon such terms and conditions as the authority considers proper and consistent with the public health and safety. (5) Civil penalties incurred under any law of this state are not allowable as costs for the purpose of rate determination or for reimbursement by a third-party payer. [Formerly 442.445]
The Quality Care Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Quality Care Fund shall be credited to the Quality Care Fund. Moneys in the fund are continuously appropriated to the Department of Human Services and the Oregon Health Authority for: (1) Training, technical assistance, quality improvement initiatives and licensing activities to ensure that high standards for quality of care are met in accordance with rules adopted with respect to: (a) A long term care facility as defined in ORS 442.015; (b) A residential facility as defined in ORS 443.400, including but not limited to an assisted living facility; and (c) An adult foster home as defined in ORS 443.705; and (2) Administering the Senior Emergency Medical Services Innovation Program established in section 1, chapter 616, Oregon Laws 2021. [2009 c.837 1; 2009 c.828 78; 2021 c.616 3] Note: The amendments to 443.001 by section 4, chapter 616, Oregon Laws 2021, become operative January 2, 2027. See section 5, chapter 616, Oregon Laws 2021. The text that is operative on and after January 2, 2027, is set forth for the users convenience. The Quality Care Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Quality Care Fund shall be credited to the Quality Care Fund. Moneys in the fund are continuously appropriated to the Department of Human Services and the Oregon Health Authority for training, technical assistance, quality improvement initiatives and licensing activities to ensure that high standards for quality of care are met in accordance with rules adopted with respect to: (1) A long term care facility as defined in ORS 442.015; (2) A residential facility as defined in ORS 443.400, including but not limited to an assisted living facility; and (3) An adult foster home as defined in ORS 443.705. Note: 443.001 to 443.012 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) As used in this section: (a) "Facility" means: (A) A residential training facility as defined in ORS 443.400; (B) A residential training home as defined in ORS 443.400; (C) A residential treatment facility as defined in ORS 443.400; (D) A residential treatment home as defined in ORS 443.400; or (E) An adult foster home as defined in ORS 443.705. (b) "Provider" means a person licensed or a person applying for a license to operate a facility. (2) The Department of Human Services or the Oregon Health Authority may deny, suspend, revoke or refuse to renew a license of a provider if the department or authority finds that the provider operates a separate facility that is not or has not been in substantial compliance with rules adopted under ORS 443.400 to 443.455 or 443.705 to 443.825. [2009 c.418 1; 2009 c.828 30] Note: See note under 443.001.
(1)(a) The Department of Human Services or the Oregon Health Authority shall complete a criminal records check under ORS 181A.195 on: (A) An employee of a residential facility or an adult foster home; (B) Any individual who is paid directly or indirectly with public funds who has or will have contact with a recipient of support services or a resident of an adult foster home or a residential facility; and (C) A home care worker or personal support worker registering with the Home Care Commission or renewing a registration with the Home Care Commission. (b) The department or the authority shall complete the criminal records check under paragraph (a) of this subsection not more than once during an 18-month period unless the department or the authority: (A) Receives credible evidence of a new criminal conviction; (B) Receives credible evidence to substantiate a complaint of abuse or neglect; (C) Is required by federal law to conduct more frequent criminal records checks; (D) Is notified that a subject individual has changed positions or duties for which there are different criminal records check requirements; or (E) Determines, under criteria set forth in rules adopted by the department or the authority, that it would be burdensome for a subject individual to wait for a new criminal records check. (2)(a) A home health agency shall conduct a criminal background check before hiring or contracting with an individual and before allowing an individual to volunteer to provide services on behalf of the home health agency, if the individual will have direct contact with a patient of the home health agency. (b) An in-home care agency shall conduct a criminal background check before hiring or contracting with an individual and before allowing an individual to volunteer to provide services on behalf of the in-home care agency, if the individual will have direct contact with a client of the in-home care agency. (c) The authority shall prescribe by rule the process for conducting a criminal background check. (3) Public funds may not be used to support, in whole or in part, the employment in any capacity having contact with a recipient of support services or a resident of a residential facility or an adult foster home, of an individual, other than a mental health or substance abuse treatment provider, who has been convicted: (a) Of a crime described in ORS 163.095, 163.107, 163.115, 163.118, 163.125, 163.145, 163.149, 163.165, 163.175, 163.185, 163.187, 163.200, 163.205, 163.225, 163.235, 163.263, 163.264, 163.266, 163.275, 163.465, 163.467, 163.535, 163.537, 163.547, 163.689, 163.700, 163.701, 164.055, 164.057, 164.098, 164.125 (5)(c) or (d), 164.215, 164.225, 164.325, 164.377 (2) or (3), 164.405, 164.415, 165.013, 165.022, 165.032, 165.800, 165.803, 167.012, 167.017, 167.057, 167.320 or 167.322; (b) Notwithstanding paragraph (a) of this subsection, of a crime described in ORS 163.465, 163.467, 163.700, 163.701, 164.055, 164.125 or 164.377, the date of conviction for which was within the five years immediately preceding employment in any capacity of an individual, other than a mental health or substance abuse treatment provider, having contact with a recipient of support services, a resident of a residential facility or a resident of an adult foster home, when the recipient or resident is 65 years of age or older; (c) Of a crime listed in ORS 163A.005; (d) In the last 10 years, of a crime involving the delivery or manufacture of a controlled substance; (e) Of an attempt, conspiracy or solicitation to commit a crime described in paragraphs (a) to (d) of this subsection; or (f) Of a crime in another jurisdiction that is substantially equivalent, as defined by rule, to a crime described in paragraphs (a) to (e) of this subsection. (4) If the criminal background check conducted by a home health agency or in-home care agency under subsection (2) of this section reveals that the individual who is subject to the criminal background check has been convicted of any of the crimes described in subsection (3) of this section, the home health agency or in-home care agency may not employ the individual. (5) Public funds may not be used to support, in whole or in part, the employment, in any capacity having contact with a recipient of support services or a resident of a residential facility or an adult foster home, of a mental health or substance abuse treatment provider who has been convicted of committing, or convicted of an attempt, conspiracy or solicitation to commit, a crime described in ORS 163.095, 163.107, 163.115, 163.375, 163.405, 163.411 or 163.427. (6) Upon the request of a mental health or substance abuse treatment provider, the department or authority shall maintain a record of the results of any fitness determination made under ORS 181A.195 (10). The department or authority may disclose the record only to a person the provider specifically authorizes, by a written release, to receive the information. (7) If the department or authority has a record of substantiated abuse committed by an employee or potential employee of a home health agency, in-home care agency, adult foster home or residential facility, regardless of whether criminal charges were filed, the department or authority shall notify, in writing, the employer and the employee or potential employee and may conduct a fitness determination in accordance with this section and ORS 181A.195. (8) As used in this section: (a) "Adult foster home" has the meaning given that term in ORS 443.705. (b) "Home care worker" has the meaning given that term in ORS 410.600. (c) "Home health agency" has the meaning given that term in ORS 443.014. (d) "In-home care agency" has the meaning given that term in ORS 443.305. (e) "Mental health or substance abuse treatment provider" means: (A) A peer support specialist; (B) An employee of a residential treatment facility or a residential treatment home that is licensed under ORS 443.415 to provide treatment for individuals with alcohol or drug dependence; (C) An individual who provides treatment or services for persons with substance use disorders; or (D) An individual who provides mental health treatment or services. (f) "Peer support specialist" has the meaning given that term in ORS 414.025. (g) "Personal support worker" has the meaning given that term in ORS 410.600. (h) "Residential facility" has the meaning given that term in ORS 443.400. [2009 c.837 6; 2009 c.828 81; 2010 c.93 12,13; 2011 c.608 1; 2011 c.681 8,9; 2012 c.70 17; 2015 c.645 8; 2015 c.758 16; 2017 c.618 6; 2018 c.75 24; 2019 c.423 2,3; 2019 c.517 2,3; 2019 c.635 27,28; 2021 c.198 2] Note: Section 42, chapter 837, Oregon Laws 2009, provides: Sec. 42. (1) ORS 443.004 applies to employees who are hired on or after July 28, 2009. (2) ORS 443.004 does not apply to an employee hired prior to July 28, 2009, who has remained with the same employer, even if the employee has been promoted or transferred to a different position with the employer since that date. [2009 c.837 42; 2019 c.423 4] Note: See note under 443.001.
[1977 c.738 1; 1979 c.209 1; 1981 c.415 1; 2003 c.57 1; 2009 c.595 769; 2009 c.792 14; 2011 c.70 10; 2015 c.736 90; renumbered 443.014 in 2015]
(1) As used in this section: (a) "Care" has the meaning given that term in ORS 181A.200. (b) "Facility" means: (A) A long term care facility as defined in ORS 442.015; (B) A residential care facility as defined in ORS 443.400, including but not limited to an assisted living facility; and (C) An adult foster home as defined in ORS 443.705. (c) "Home care worker" has the meaning given that term in ORS 410.600. (d) "Personal support worker" has the meaning given that term in ORS 410.600. (2) The Department of Human Services shall augment the departments existing criminal background check system with a regularly updated registry of all persons who work or are seeking to work to provide care. (3) The department shall adopt rules designating the persons who may be listed on the registry. The registry must list persons who work or are seeking to work to provide care: (a) In a facility; or (b) As a home care worker or personal support worker. (4) The department shall adopt rules establishing: (a) The information that must be reported by facilities; (b) The form and frequency of reporting by facilities; (c) Procedures and standards for the administration of the registry; and (d) Guidelines and procedures for requests for and release of information from the registry. [2014 c.104 6; 2017 c.239 1; 2018 c.75 25] Note: See note under 443.001.
(1) As used in this section: (a) "Abuse" has the meaning given that term in ORS 430.735. (b) "Facility" means: (A) A residential training facility as defined in ORS 443.400; or (B) A residential training home as defined in ORS 443.400. (c) "Subject individual" has the meaning given that term in ORS 181A.195. (2) The Department of Human Services shall adopt rules to specify the types of abuse that disqualify a subject individual from working at a facility and the subject individuals associated with a facility to whom the disqualification may apply. (3) Notwithstanding any other provision of law, if the department substantiates allegations of abuse specified under subsection (2) of this section, the subject individual found to have committed the abuse may not be hired or retained as an employee at a facility in a position that is funded in whole or in part by public funds. (4) A subject individual found to have committed a type of abuse specified by the department under subsection (2) of this section is not entitled to a fitness determination under ORS 181A.195. [2017 c.378 1] Note: See note under 443.001.
(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; (B) A home care worker, as defined in ORS 410.600; (C) A residential facility, as defined in ORS 443.400; or (D) A service provider as defined in ORS 427.101. (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. (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 (10) or 443.004 (7). [2019 c.517 1; 2021 c.97 59] Note: See note under 443.001.
(1) The Oregon Health Authority shall establish by rule training requirements that must be met before an individual may be permitted to provide in-home care services, as defined in ORS 443.305. The training requirements must include a minimum number of hours of orientation and assessment of competency. The minimum number of hours may be greater for an individual who will be providing enhanced care and services, such as medication management. (2) Except as provided in subsection (3) of this section, the training requirements apply to any individual who is not licensed or certified to provide health care in this state and who provides in-home care services as an employee or contractor of a licensed: (a) In-home care agency as defined in ORS 443.305; (b) Home health agency as defined in ORS 443.014; or (c) Hospital as defined in ORS 442.015. (3) The training requirements shall not apply to an individual providing personal care services that are incidental to the provision of home health care or hospital services. [2019 c.680 1] Note: See note under 443.001.
(1) As used in this section and ORS 443.417: (a) "Disease outbreak" has the meaning given that term in ORS 431A.005. (b) "Facility" means: (A) A long term care facility, as defined in ORS 442.015; (B) A conversion facility, as defined in ORS 443.400; and (C) A residential care facility, as defined in ORS 443.400, 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 employees 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. (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)(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 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 note under 443.001.
As used in ORS 443.014 to 443.105: (1) "Caregiver registry" means a person that prequalifies, establishes and maintains a roster of qualified private contractor caregivers that is provided to a client or the clients representative for consideration in the hiring of an individual to provide caregiver services within the clients place of residence. (2) "Home health agency" means a public or private agency providing coordinated home health services on a home visiting basis. "Home health agency" does not include: (a) Any visiting nurse service or home health service conducted by and for those who rely upon spiritual means through prayer alone for healing in accordance with the tenets and practices of a recognized church or religious denomination. (b) Those home health services offered by local health departments outside, and in addition to, programs formally designated and funded as home health agencies. (3) "Home health services" means items and services furnished to an individual by a home health agency, or by others under arrangements with such agency, on a visiting basis, in a place of temporary or permanent residence used as the individuals home for the purpose of maintaining that individual at home. [Formerly 443.005]
A person may not establish a home health agency or organization providing home health services for compensation, or purport to manage or operate a home health agency or organization, without first obtaining a license from the Oregon Health Authority. The license shall be renewable annually and is not transferable. [1977 c.738 2; 2003 c.14 259; 2009 c.595 770; 2009 c.792 15]
(1) The Oregon Health Authority shall conduct an in-person site inspection of a home health agency and a caregiver registry prior to licensure and at least once every three years thereafter. (2) In lieu of an in-person site inspection, the authority may accept a certification or accreditation from a federal agency or an accrediting body approved by the authority that the state licensing standards have been met, if: (a) The certification or accreditation is recognized by the authority as addressing the standards and conditions of participation requirements of the Centers for Medicare and Medicaid Services and any additional standards set by the authority; (b) The agency or registry notifies the authority to participate in any exit interview conducted by the federal agency or accrediting body; and (c) The agency or registry provides copies of all documentation concerning the certification or accreditation requested by the authority. [2009 c.792 18; 2009 c.792 66; 2011 c.70 11; 2021 c.338 5]
A hospital licensed under ORS 441.015 may provide home health services without maintaining a separate governing body and administrative staff so long as the services provided meet the requirements of ORS 443.014 to 443.105 and the hospital pays the home health licensing fee under ORS 443.035. [1977 c.738 7; 1995 c.449 3; 2009 c.792 15a]
(1) The Oregon Health Authority may grant a license to a home health agency or caregiver registry for a calendar year, may annually renew a license and may allow for a change of ownership, upon payment of a fee as follows: (a) $4,000 for a new home health agency license. (b) $2,125 for a renewal of a home health agency license. (c) $1,250 for a change of ownership of a home health agency at a time other than the annual renewal date. (d)(A) $1,500 for a new caregiver registry license; and (B) $750 for each subunit of a newly licensed caregiver registry. (e)(A) $750 for a renewal of a caregiver registry license; and (B) $750 for each subunit of a caregiver registry described in subparagraph (A) of this paragraph. (f)(A) $350 for a change of ownership of a caregiver registry at a time other than the annual renewal date; and (B) $350 for each subunit of a caregiver registry described in subparagraph (A) of this paragraph. (2) Notwithstanding subsection (1)(c) or (f) of this section, the fee for a change in ownership shall be $100 if a change in ownership does not involve: (a) The majority owner or partner; or (b) The administrator operating the agency or registry. (3) All fees received pursuant to subsection (1) of this section shall be paid over to the State Treasurer and credited to the Public Health Account. Such moneys are appropriated continuously to the Oregon Health Authority for the administration of ORS 443.014 to 443.105. [1977 c.738 8; 1995 c.449 4; 2005 c.22 302; 2007 c.71 131; 2009 c.595 771; 2009 c.792 16; 2011 c.70 12; 2019 c.456 6; 2021 c.447 1]
(1) The Oregon Health Authority may deny, suspend or revoke the license of, or assess a civil penalty against, any individual, home health agency or caregiver registry for failure to comply with ORS 443.004 or 443.014 to 443.105, or with the rules of the authority as authorized by ORS 443.085. (2) License denials, suspensions and revocations, assessment of civil penalties, adoption of rules and judicial review thereof shall be in accordance with ORS chapter 183. (3) A civil penalty imposed under this section may not exceed $1,000 per violation and may not total more than $2,000. (4) All civil penalties recovered under this section shall be paid into the State Treasury and credited to the Oregon Health Authority Fund. Moneys credited to the fund under this section are continuously appropriated to the authority for the administration of ORS 443.014 to 443.105 and 443.305 to 443.350. [1977 c.738 9; 2009 c.595 772; 2009 c.792 69; 2009 c.828 86; 2011 c.70 13]
A home health agency shall have an organized governing body, or, if a subdivision of a public or private agency or a multifunction organization, a clearly defined local body having responsibility for the conduct of the home health agency. Where the governing body is functionally remote from the operation of the home health agency, the Oregon Health Authority may approve the designation of an appropriate part of the organization as the governing body. [1977 c.738 3; 2009 c.595 773]
A home health agency licensed in this state shall: (1) Be primarily engaged in providing skilled nursing services and at least one other service delineated in ORS 443.075 (1)(b) and (c); (2) Have policies established by professional personnel associated with the agency or organization, including one or more physicians or naturopathic physicians and one or more registered nurses, at least two of whom are neither owners nor employees of the agency, and two consumers, to govern the services that it provides; (3) Require supervision of services that it provides under subsection (1) of this section by a physician, physician assistant, nurse practitioner, naturopathic physician or registered nurse, preferably a public health nurse; (4) Ensure that in-home care services, as defined in ORS 443.305, that it provides in addition to skilled nursing services are provided by individuals who meet the training requirements established by the Oregon Health Authority under ORS 443.011, if applicable; (5) Maintain clinical and financial records on all patients; and (6) Have an overall plan and budget in effect. [1977 c.738 4; 1981 c.415 2; 2001 c.346 1; 2013 c.1 66; 2013 c.61 3; 2014 c.45 61; 2017 c.356 70; 2019 c.680 3]
(1) A home health agency must have an order for treatment, plan of treatment or plan of care from a physician, naturopathic physician licensed under ORS chapter 685, physician assistant licensed under ORS 677.505 to 677.525 or nurse practitioner licensed under ORS 678.375 to 678.390 for the following services and supplies: (a) Home nursing care provided by or under the supervision of a registered nurse; (b) Physical, occupational or speech therapy, medical social services or other therapeutic services; (c) Home health aide services; and (d) Medical supplies, other than drugs and biologicals, and the use of medical appliances. (2) A home health agency shall have each plan of treatment or plan of care reviewed by the physician, naturopathic physician, physician assistant or nurse practitioner periodically, in accordance with rules adopted by the Oregon Health Authority. [1977 c.738 5; 1981 c.415 3; 2001 c.346 2; 2009 c.792 70; 2013 c.61 4; 2014 c.45 62; 2017 c.356 71]
The Oregon Health Authority shall adopt rules to implement ORS 443.014 to 443.105 including, but not limited to: (1) The qualifications of professional and ancillary personnel in order to adequately furnish home health services; (2) Standards for the organization and quality of client care; (3) Procedures for maintaining records; (4) Provision for contractual arrangements for professional and ancillary health services; and (5) Complaint and inspection procedures. [1977 c.738 6; 2005 c.22 303; 2009 c.595 774; 2009 c.792 23; 2011 c.70 14]
(1) Notwithstanding ORS 443.305 to 443.350, a home health agency licensed under ORS 443.015 that provides personal care services that are necessary to assist an individual in meeting the individuals daily needs, but do not include curative or rehabilitative services, is not required to be licensed as an in-home care agency under ORS 443.315. (2) A licensed home health agency that provides personal care services shall comply with all laws and rules concerning in-home care services except for the licensing requirements. [2003 c.57 3; 2009 c.792 24]
No provision of ORS 443.014 to 443.105 shall be construed to prevent repair or domestic services by any person. [1977 c.738 10; 2005 c.22 304]
A person may not establish, conduct or maintain a caregiver registry, or represent to the public that the person is a caregiver registry, without first obtaining a caregiver registry license from the Oregon Health Authority. [2009 c.792 14b; 2009 c.792 64; 2011 c.70 15]
The Oregon Health Authority may adopt rules governing caregiver registries, including but not limited to: (1) The minimum qualifications of individuals whose services are offered through a caregiver registry; (2) Standards for the organization and quality of client care; (3) Procedures for maintaining records; (4) Requirements for contractual arrangements for professional and ancillary services; (5) Requiring criminal background checks on individuals placed on a roster by a caregiver registry; (6) Procedures for complaints against caregiver registries; and (7) Procedures for inspection of caregiver registries. [2009 c.792 14c; 2009 c.792 65; 2011 c.70 16]
As used in ORS 443.215 and 443.225, "domiciliary care facilities" means facilities providing residential care to adults, including adult foster homes, group care facilities or residential treatment, training or care facilities, established, contracted for or operated by the Department of Human Services or the Oregon Health Authority. [1977 c.779 3; formerly 184.870; 1987 c.320 234; 2001 c.900 181; 2007 c.21 4; 2009 c.595 775]
(1) The Legislative Assembly recognizes the importance of providing a high quality of domiciliary care facilities throughout the State of Oregon. (2) It is the intent of ORS 443.205 to 443.225 to distribute domiciliary care facility capacity on the basis of population and the regional origin of institutionalized persons. [1977 c.779 1; formerly 184.875]
(1) Except as otherwise provided by subsections (3) and (4) of this section, the capacity of all domiciliary care facilities must be located throughout the state based on the relationship of the population of the county in which the additional capacity is proposed to be located to the number of persons originating from the county who are determined to be in need of domiciliary care. However, nothing in this subsection is intended to prevent the placement of a person who is or was not a resident of the county in a domiciliary care facility in the county. (2) The Department of Human Services shall determine the number of persons originating from a county who are in need of domiciliary care if the domiciliary care facility is an adult foster home as defined in ORS 443.705, a residential care facility or residential training facility as those terms are defined in ORS 443.400 or other group care facility. (3) The Oregon Health Authority shall determine the number of persons originating from a county who are in need of domiciliary care if the domiciliary care facility is a residential treatment facility as defined in ORS 443.400. (4) When a county is too sparsely populated to produce a meaningful ratio of county population to population in need, or a county is lacking necessary support services, the population of two or more counties may be combined. The area of the combined counties may be considered a county for purposes of subsection (1) of this section. (5) The computation required by subsection (1) of this section does not require reduction in any domiciliary care facility capacity existing on October 4, 1977. (6) Subject to the appropriate licensing requirements, the governing body of a county may authorize a domiciliary care facility located in the county to exceed the capacity limit imposed by subsection (1) of this section upon: (a) Request of an individual or organization operating or proposing to operate a domiciliary care facility; (b) Consultation with an advisory committee appointed by the governing body and consisting of persons who are particularly interested in the type of domiciliary care facility contemplated; and (c) Finding of good cause following notice and public hearing. [1977 c.779 2; 1979 c.235 1; formerly 184.880; 2007 c.71 132; 2009 c.595 776]
As used in ORS 443.305 to 443.350: (1) "In-home care agency" means an agency primarily engaged in providing in-home care services for compensation to an individual in that individuals place of residence. "In-home care agency" does not include a home health agency as defined in ORS 443.014. (2) "In-home care services" means personal care services furnished by an in-home care agency, or an individual under an arrangement or contract with an in-home care agency, that are necessary to assist an individual in meeting the individuals daily needs, but does not include curative or rehabilitative services. (3) "Subunit" means an in-home care agency that provides services for a parent agency in a geographic area different from that of the parent agency and more than 60 miles from the location of the parent agency. [1999 c.1034 1; 2013 c.61 5] Note: 443.305 to 443.350 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) A person may not establish, manage or operate an in-home care agency or purport to manage or operate an in-home care agency without obtaining a license from the Oregon Health Authority. (2) The authority shall establish classification requirements and qualifications for licensure under this section by rule. The authority shall issue a license to an applicant that has the necessary qualifications and meets all requirements established by rule, including the payment of required fees. An in-home care agency shall be required to maintain administrative and professional oversight to ensure the quality of services provided and that the training requirements established by the authority under ORS 443.011, if applicable, have been met by any individual employed by or contracting with the in-home care agency to provide in-home care services. (3) Application for a license required under subsection (1) of this section shall be made in the form and manner required by the authority by rule and shall be accompanied by any required fees. (4) A license may be granted, or may be renewed annually, upon payment of a fee as follows: (a) For the initial licensure of an in-home care agency that is classified as: (A) Limited, the fee is $2,000. (B) Basic, the fee is $2,250. (C) Intermediate, the fee is $2,500. (D) Comprehensive, the fee is $3,000. (b) There is an additional fee of $1,250 for the initial licensure of each subunit in any classification of in-home care agency. (c) For the renewal of a license classified as: (A) Limited or basic, the fee is $1,000. (B) Intermediate, the fee is $1,250. (C) Comprehensive, the fee is $1,500. (d) There is an additional fee of $1,000 for the renewal of licensure for each subunit in any classification of in-home care agency. (e) For a change of ownership at a time other than the annual renewal date: (A) The fee is $350; and (B) There is an additional fee of $350 for each subunit. (5) A license issued under this section is valid for one year. A license may be renewed by payment of the required renewal fee and by demonstration of compliance with requirements for renewal established by rule. (6) A license issued under this section is not transferable. (7) The authority shall conduct an on-site inspection of each in-home care agency prior to services being rendered and once every two years thereafter as a requirement for licensing. (8) In lieu of the on-site inspection required by subsection (7) of this section, the authority may accept a certification or accreditation from a federal agency or an accrediting body approved by the authority that the state licensing standards have been met, if the in-home care agency: (a) Notifies the authority to participate in any exit interview conducted by the federal agency or accrediting body; and (b) Provides copies of all documentation concerning the certification or accreditation requested by the authority. [1999 c.1034 2; 2005 c.22 305; 2007 c.897 1; 2009 c.595 776a; 2009 c.792 71; 2017 c.559 1; 2019 c.680 4] Note: See note under 443.305.
(1) The Oregon Health Authority may impose a civil penalty and may deny, suspend or revoke the license of any in-home care agency licensed under ORS 443.315 for failure to comply with ORS 443.305 to 443.350 or with rules adopted thereunder. A failure to comply with ORS 443.305 to 443.350 includes, but is not limited to: (a) Failure to provide a written disclosure statement to the client or the clients representative prior to in-home care services being rendered; (b) Failure to provide the contracted in-home care services; (c) Failure to correct deficiencies identified during an inspection by the authority; or (d) A demonstrated pattern, over the previous five years, of significant and substantiated violations of: (A) Employment or wage laws in this state, as prescribed by the authority by rule: (i) By an in-home care agency licensee as an employer of staff in an in-home care agency; or (ii) By an applicant for an in-home care agency license in any business owned or operated by the applicant; or (B) Caregiver training requirements, as established by the authority by rule, in any in-home care agency owned or operated by an in-home care agency licensee. (2) The authority may deny, suspend or revoke the license of any in-home care agency licensed under ORS 443.315 for failure to comply with ORS 443.004. [1999 c.1034 3; 2007 c.897 2; 2009 c.595 776b; 2009 c.792 26; 2009 c.828 87; 2019 c.680 5] Note: See note under 443.305.
(1) Notwithstanding the existence and pursuit of any other remedy, the Oregon Health Authority may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against any person to restrain or prevent the establishment, conduct, management or operation of an in-home care agency without a license. The authority may recover attorney fees and court costs for any such action. (2) If an in-home care agency is found to be operating without a valid license, the in-home care agency must provide notice to its clients in a manner and period of time set forth by the authority. [2007 c.897 4; 2009 c.595 776c] Note: See note under 443.305.
The Oregon Health Authority shall adopt administrative rules necessary for the implementation and administration of ORS 443.305 to 443.350. These rules shall include, but are not limited to, a requirement that an in-home care agency must conduct criminal background checks on all individuals employed by or contracting with the agency as in-home caregivers. [1999 c.1034 4; 2001 c.900 182; 2009 c.595 776d] Note: See note under 443.305.
All moneys received pursuant to ORS 443.315, 443.325 and 443.327 shall be deposited in the State Treasury and credited to an account designated by the Oregon Health Authority. Such moneys are continuously appropriated to the authority for the administration of ORS 443.305 to 443.350. [1999 c.1034 5; 2007 c.897 5; 2009 c.595 776e] Note: See note under 443.305.
The provisions of ORS 443.305 to 443.350 do not apply to organizations licensed, registered or certified under ORS 101.030, 410.495, 443.410, 443.485, 443.725, 443.860 or 443.886. [1999 c.1034 6] Note: See note under 443.305.
(1) Rules adopted by the Oregon Health Authority pursuant to ORS 443.085 and 443.340 shall include procedures for the filing of complaints as to the care or services provided by home health agencies, in-home care agencies or caregiver registries that ensure the confidentiality of the identity of the complainant. (2) An employee or contract provider with knowledge of a violation of law or rules of the authority shall use the reporting procedures established by the home health agency, in-home care agency or caregiver registry before notifying the authority or other state agency of the inappropriate care or violation, unless the employee or contract provider: (a) Believes a clients health or safety is in immediate jeopardy; or (b) Files a complaint in accordance with rules adopted under subsection (1) of this section. (3) Information obtained by 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 to 192.478. Upon the conclusion of the investigation, the authority may publicly release a report of its findings but may not include information in the report that could be used to identify the complainant or any client of the home health agency, in-home care agency or caregiver registry. The authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of a home health agency, in-home care agency or caregiver registry. (4) As used in this section: (a) "Caregiver registry" has the meaning given that term in ORS 443.014. (b) "Home health agency" has the meaning given that term in ORS 443.014. (c) "In-home care agency" has the meaning given that term in ORS 443.305. [2009 c.792 19; 2009 c.792 67; 2011 c.70 17] Note: 443.355 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.
As used in ORS 443.370 to 443.376: (1) "Client" means an individual who seeks a long term care referral for the individual or for another individual. (2) "Facility" means: (a) A long term care facility as defined in ORS 442.015. (b) A residential care facility as defined in ORS 443.400, including but not limited to an assisted living facility and a facility marketed as a memory care community. (c) An adult foster home as defined in ORS 443.705. (d) A continuing care retirement community as defined in ORS 101.020. (3) "Long term care referral" means a referral to a facility in connection with which the referral agent receives compensation from the facility. (4) "Placement information" means any information a person collects from a client about the client or the subject of placement, including but not limited to name, electronic mail address, phone number, zip code, medical history, information about necessary assistance for activities of daily living or the reasons for seeking long term care. (5)(a) "Referral agent" means a person that provides long term care referrals. (b) "Referral agent" does not include: (A) A facility or its employees. (B) A resident or patron of a facility who refers a client to a facility and receives a discount or other remuneration from the facility. (C) A public body as defined in ORS 174.109. (6) "Subject of placement" means the individual to be placed with a facility through a long term care referral. [2017 c.656 1] Note: 443.370 to 443.376 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) A person may not provide a long term care referral unless the person is registered with the Department of Human Services under this section. (2) The department shall issue a registration to provide long term care referrals to an applicant who meets requirements established by the department by rule and pays a $750 fee. (3) A registration issued under this section must be renewed every two years. The department shall set the renewal fee by rule, but the renewal fee may not exceed $750. (4) The department shall require an applicant to: (a) Identify an individual responsible for the application; (b) Demonstrate that the applicant meets the requirements of ORS 443.376; (c) Demonstrate that the applicant maintains at least $1 million in general liability insurance; and (d) Perform background checks on referral agents who have direct contact with clients, as defined by rule of the department. (5) The department may adopt rules as necessary to administer ORS 443.370 to 443.376. (6) The department may impose a civil penalty on a person for violation of ORS 443.370 to 443.376 or violation of rules adopted under ORS 443.370 to 443.376. [2017 c.656 3] Note: See note under 443.370.
(1) Before providing a long term care referral, a referral agent shall provide the client with a disclosure. The disclosure may be made orally if the referral agent makes an audio recording of the disclosure with consent of the client and thereafter provides the client with a written disclosure. The written disclosure must be conspicuous, provided in clear language and include: (a) A description of the long term care referral to be provided by the referral agent, including the length of any contract the referral agent has with a facility regarding placement information about the client or the subject of placement. (b) The referral agents contact information, including address and phone number. (c) The referral agents privacy policy. (d) A statement of whether the referral agent provides referrals only to facilities with which the agent has an existing contract. (e) A statement of whether the referral fees for the long term care referral will be paid to the referral agent by the facility. (2) A referral agent may not: (a) Share a clients placement information with or sell a clients placement information to a facility or marketing affiliate without obtaining affirmative consent from the client for each instance of sharing or selling the information. (b) Refer a client to a facility in which the referral agent or an immediate family member of the referral agent has an ownership interest. (c) Contact a client who has requested in writing that the referral agent stop contacting the client. (3) If a referral agent maintains a website, the website must contain a link to any state agency website listing complaints concerning facilities. If the referral agent does not maintain a website, the referral agent shall notify clients in writing of the state agency website addresses. (4) If a client is referred to a facility and the referral agent has received compensation from the facility for the referral, the client may notify the referral agent in writing that the client wishes to use the services of another referral agent in the future for referral to another facility in a subsequent move. After receiving notice under this subsection, the first referral agent may not receive compensation from another facility in a subsequent move for any referral made before receiving the notice. (5)(a) A referral agent must include in any contract with a facility provisions prohibiting the referral agent from collecting compensation from the facility when the facility is a subsequent facility as described in this subsection. A facility is a subsequent facility if: (A) The subject of placement enters a facility to which the subject of placement is referred by a first referral agent, but subsequently leaves that facility; and (B) A new referral agent refers the subject of placement to the subsequent facility. (b) When a referral is made to a subsequent facility for a subject of placement by a new referral agent as described in paragraph (a) of this subsection, the new referral agent must present evidence to the subsequent facility that the first referral agent is not entitled to compensation. (6) Violation of this section is an unlawful practice under ORS 646.608. [2017 c.656 2] Note: See note under 443.370.
(1) As used in this section: (a) "Coordinate" means to provide proactive and systematic assistance in obtaining, facilitation of and connection with health and social services, through communication, collaboration and sharing of information among providers of health and social services. (b) "Health and social services" means: (A) Case management; (B) Health navigation; (C) Mental health and addiction supports and services; (D) In-home supports, including housekeeping, personal care, meal preparation, laundry services and transportation; and (E) Food insecurity interventions. (c)(A) "Housing with services project" means an entity that coordinates two or more health and social services for senior citizens and people with disabilities who are living in publicly subsidized or private congregate settings. (B) "Housing with services project" does not include: (i) A health care facility licensed under ORS 441.015. (ii) A residential facility licensed under ORS 443.410. (iii) An adult foster home licensed under ORS 443.725. (iv) A continuing care retirement community as defined in ORS 101.020. (v) A program of all-inclusive care for the elderly as described in 42 C.F.R. 460.6. (vi) Transient lodging as defined in ORS 320.300. (vii) A hotel as defined in ORS 699.005. (2) Except as provided in subsection (3) of this section, a housing with services project shall register with the Department of Human Services by submitting the name, address and primary contact of the housing with services project to the department. (3)(a) A housing with services project is not required to register with the Department of Human Services under this section if the housing with services project is regulated by the Housing and Community Services Department or the federal Department of Housing and Urban Development. (b) The Department of Human Services and the Housing and Community Services Department shall collaborate to develop a joint inventory of the names and addresses of housing with services projects that are not required to register under this section. (c) The Department of Human Services shall collaborate with the federal Department of Housing and Urban Development to obtain the names and addresses of subsidized senior housing properties regulated by or on record at the federal Department of Housing and Urban Development. (4) The Department of Human Services shall provide housing with services projects with information on resources available for tenants, including but not limited to: (a) Information about the Aging and Disability Resource Connection. (b) Information about hotlines for reporting abuse. (5) The Department of Human Services may adopt rules implementing this section. [2017 c.219 1] Note: 443.378 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.
As used in ORS 443.380 to 443.394: (1) "Administrative action" means an action, inaction or decision by an owner, employee or agent of a residential facility or by a state, local, social service or health agency that could affect the health, safety, welfare or rights of residents of the facility. (2) "Designee" means an individual appointed by the Residential Facilities Ombudsman in accordance with ORS 443.386. (3) "Legal representative" means a person to whom a resident or a court has granted legal authority to permit access to the residents personal information and medical records. (4) "Long Term Care Ombudsman" means the individual appointed by the Governor under ORS 441.403. (5) "Resident" means an individual who resides in a residential facility. (6)(a) "Residential facility" means one of the following: (A) A residential training facility, as defined in ORS 443.400. (B) A residential training home, as defined in ORS 443.400. (C) A licensed adult foster home as defined in ORS 443.705 that serves persons with mental illness or developmental disabilities. (D) A developmental disability child foster home, as defined in ORS 443.830. (E) A residential treatment facility, as defined in ORS 443.400. (F) A residential treatment home, as defined in ORS 443.400. (G) A conversion facility licensed under ORS 443.431. (b) "Residential facility" does not include a: (A) Secured facility housing persons committed under ORS 161.327; or (B) Facility licensed by the Oregon Health Authority to provide alcohol and drug treatment. (7) "Residential Facilities Ombudsman Program" means the services provided by the Residential Facilities Ombudsman. [2017 c.441 1; 2017 c.679 22] Note: 443.380 to 443.396 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) The Long Term Care Ombudsman, in consultation with the Residential Ombudsman and Public Guardianship Advisory Board established under ORS 441.416, shall appoint a Residential Facilities Ombudsman for a four-year term. The Residential Facilities Ombudsman serves at the pleasure of the Long Term Care Ombudsman and may be removed by the Long Term Care Ombudsman for cause. The Long Term Care Ombudsman shall fill any vacancy within 60 days. The salary of the Residential Facilities Ombudsman shall be determined by the Long Term Care Ombudsman. The Residential Facilities Ombudsman shall be reimbursed for all reasonable travel and other expenses incurred in the performance of the ombudsmans official duties. (2) The Residential Facilities Ombudsman may, subject to the approval of the Long Term Care Ombudsman, hire or contract with volunteers, staff, deputy ombudsmen and other qualified individuals as necessary to perform the duties of the ombudsman. (3) The Residential Facilities Ombudsman shall: (a) Identify, investigate and resolve complaints made by or on behalf of residents about administrative actions. (b) Provide residents, families of residents, guardians, community members and administrators and staff of residential facilities with information regarding the rights of residents as set forth in ORS 427.107 and 430.210 and any other applicable rights of residents. (c) Widely publicize the Residential Facilities Ombudsmans services, purpose and mode of operation. (d) Undertake, participate in or cooperate with persons and agencies in conferences, inquiries, meetings or studies that may lead to improvements in the functioning of residential facilities. (e) Work closely with associations and citizen groups in this state and the state protection and advocacy system under ORS 192.517. (f) Provide services to residents to assist them in protecting their health, safety, welfare and rights. (g) Ensure that residents have regular, timely, private and unimpeded access to the Residential Facilities Ombudsmans services and that a resident or an individual acting on behalf of a resident who files a complaint receives a timely response to the complaint from the ombudsman or a designee. (h) Represent the interests of residents before government agencies and seek administrative, legal or other appropriate remedies to protect the health, safety, welfare and rights of residents. (i) Analyze, comment on and monitor the development and implementation of federal, state and local laws and other governmental policies pertaining to the health, safety, welfare and rights of residents. (j) Recommend any changes to state or local laws to improve the health, safety, welfare and rights of residents. (k) Facilitate public comment on laws and policies that affect the health, safety, welfare and rights of residents. (L) Train designees. (m) Promote the development of organizations to advocate on behalf of residents of residential facilities. (n) To the extent practicable, assist residents who move from a residential facility to a home care setting. (o) Assist residents and individuals acting on their behalf in locating and accessing resources in the community and in connecting with local service providers. (p) Engage the participation of residents in general studies, conferences, inquiries or meetings related to residential care in this state. (q) Make recommendations for improvements in the functioning of the residential facility system in this state. (r) Collaborate with the Oregon Health Authority, the Department of Human Services, and any other appropriate agencies and organizations to establish a statewide system to collect and analyze information on complaints about and conditions in residential facilities for the purpose of publicizing improvements and resolving significant problems for residents. (s) Provide information to public agencies about the problems of residents. (t) Collect and compile data necessary to prepare the report submitted to the Governor under ORS 182.500. (u) Adopt rules necessary for carrying out ORS 443.380 to 443.394, in accordance with ORS chapter 183, in consultation with the Long Term Care Ombudsman and the Residential Ombudsman and Public Guardianship Advisory Board. [2017 c.441 2] Note: See note under 443.380.
(1) The Oregon Health Authority, the Department of Human Services and the Residential Facilities Ombudsman shall agree to a format for the authority and the department to provide monthly to the ombudsman updated demographic and licensing information regarding each residential facility for which the Residential Facilities Ombudsman has responsibilities under this section. (2) All state agencies, their representatives and service providers shall cooperate with and assist the Residential Facilities Ombudsman and designees in the performance of the ombudsmans duties and functions. [2017 c.441 3] Note: See note under 443.380.
(1) The Residential Facilities Ombudsman shall, in consultation with the Long Term Care Ombudsman, appoint designees to serve as representatives of the ombudsman in local communities. The ombudsman shall regularly monitor the functions of designees. (2) The Residential Facilities Ombudsman shall prescribe the qualifications of designees by rule. (3) To be appointed as a designee, a person must complete an initial training prescribed by the Residential Facilities Ombudsman by rule and attend required continuing educational training sessions that are approved by the ombudsman. (4) Designees must sign a contract with the Residential Facilities Ombudsman that outlines the scope of their duties. Violation of the contract is cause for terminating the appointment of a designee. [2017 c.441 4] Note: See note under 443.380.
(1) The Residential Facilities Ombudsman and each designee shall: (a) Have private and unimpeded access to residential facilities and residents at any time considered necessary and reasonable by the ombudsman or the designee for the purpose of: (A) Investigating and resolving complaints made by or on behalf of residents, including by subpoenaing any person to appear and give sworn testimony or to produce documentary or other evidence that is reasonably material to the matter under investigation; (B) Offering the services of the ombudsman or the designee to any resident, in private; (C) Interviewing residents, with their consent, in private; (D) Interviewing employees or agents of the facility; (E) Consulting regularly with the facility administration; and (F) Providing other services authorized by law or by rule. (b) Notwithstanding ORS 192.553 to 192.581, have access to all of the following if necessary to investigate a complaint: (A) Residents records, including medical records with the consent of a resident or a residents representative. (B) For a resident who is unable to communicate consent and the residents legal representative denies consent, access to the residents records without consent if the ombudsman has reasonable cause to believe that the legal representative is not acting in the residents best interests. (C) For a resident who is unable to communicate consent and does not have a legal representative, access to the residents records, including medical records, without consent if the ombudsman or designee believes that the information is necessary for the investigation of the complaint. (D) Records of any public agency, including abuse reports maintained under ORS 430.757. (c) Have access to, upon request, copies of all licensing and certification records, including records of corrective actions, maintained by the Department of Human Services or the Oregon Health Authority with respect to residential facilities. (d) Have access to the administrative records, policies and documents of residential facilities to which residents or the general public has access. (e) Conduct each investigation in a manner that does not significantly disrupt the provision of residential care or treatment to residents. (f) Show identification to the person in charge of a facility prior to entering the facility. (2) The Residential Facilities Ombudsman shall enter into confidentiality agreements with the department and with the authority permitting the ombudsman and each designee to have access to electronic records of the department and the authority that are necessary to carry out the duties of the ombudsman. The agreement must ensure that records obtained by the ombudsman from the department or the authority that are confidential, privileged or otherwise protected from disclosure are not further disclosed, except as permitted by state and federal law. [2017 c.441 5] Note: See note under 443.380.
(1) If a complaint is made on behalf of a resident who has limited or no decision-making capacity and is unable to communicate consent for the Residential Facilities Ombudsman to investigate the complaint, and: (a) The resident has no known legal representative: (A) The ombudsman shall seek to discern the outcome that the resident desires and shall work to accomplish that outcome; or (B) If the ombudsman is unable to discern the residents desired outcome, it shall be assumed that the resident desires to have the residents health, safety, welfare and rights protected; or (b) The resident has a legal representative who refuses to provide consent to the investigation, the ombudsman may proceed without consent if the ombudsman has reasonable cause to believe that it is in the residents best interests. (2) A resident shall have the right to refuse to communicate with the ombudsman or the designee. The refusal shall be made directly to the ombudsman or the designee and not through an intermediary. (3) Following an investigation of a complaint, the Residential Facilities Ombudsman or a designee shall report the ombudsmans findings and conclusions to the resident who made the complaint and to a complainant acting on behalf of a resident. If the ombudsman or designee finds conditions threatening the health, safety or welfare of a resident that cannot be resolved informally, the ombudsman or designee shall refer the findings to the Department of Human Services, the Oregon Health Authority or law enforcement officials. (4) A resident shall have the right to participate in planning any course of action to be taken on behalf of the resident by the ombudsman or the designee. (5) A resident or an individual who makes a complaint to the Residential Facilities Ombudsman under this section, or who participates in an investigation of a complaint, may not be subjected to a penalty, sanction or restriction or be denied any right, privilege or benefit on account of making the complaint or participating in the investigation of the complaint. (6) The Department of Human Services shall prohibit retaliation or reprisals by a residential facility or other entity with respect to any resident, employee or other person who files a complaint, provides information or otherwise cooperates with the Residential Facilities Ombudsman or a designee and shall provide by rule for appropriate sanctions with respect to the retaliation and reprisals. (7) In order to encourage residents and individuals acting on behalf of residents to communicate with the Residential Facilities Ombudsman or designee, any resident or individual acting on behalf of a resident who makes a complaint to the Residential Facilities Ombudsman in good faith under this section or who participates in an investigation of a complaint shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed with respect to the communication. [2017 c.441 6] Note: See note under 443.380.
(1) The Residential Facilities Ombudsman shall prepare and distribute to each residential facility in this state a written notice describing the procedures to follow in making a complaint, including the address and telephone number of the ombudsman and designee, if any, and a poster describing the Residential Facilities Ombudsman Program and providing contact information. The Department of Human Services shall facilitate the distribution of information regarding the Residential Facilities Ombudsman Program to residents, providers and the public. (2) The administrator of each residential facility shall post the written notice and poster required by this section in conspicuous places in the facility in accordance with procedures provided by the ombudsman and shall give the written notice to each resident and legal representative, if any, at least annually during the care planning process. [2017 c.441 7] Note: See note under 443.380.
(1)(a) As used in this section, "authorized representative" means an individual who: (A) Is authorized to represent a resident of a residential facility in legal proceedings; (B) Has a power of attorney for a resident; or (C) Is authorized by court order to act on behalf of a resident. (b) "Authorized representative" of a resident does not include an individual accused or suspected of abusing or harming the resident. (2) The Residential Facilities Ombudsman shall establish procedures to maintain the confidentiality of the records and files of residents. The procedures must meet the following requirements: (a) The ombudsman or a designee may not disclose, except to state agencies or law enforcement, the identity of any resident or individual acting on behalf of a resident without the consent of the resident or the legal representative of the resident. (b) The identity of any resident or individual providing information on behalf of the resident shall be confidential. (3)(a) Except as provided in paragraph (b) of this subsection, the Residential Facilities Ombudsman, designee or staff of the ombudsman may not be compelled to: (A) Testify or to produce documents to any third party, including in any judicial or administrative proceeding, arising from a complaint concerning a resident received by the ombudsman; or (B) Disclose, through discovery, subpoena or other means of legal compulsion, any memoranda, work product, notes or case file materials in the possession of the ombudsman, designee or staff related to a complaint concerning a resident received by the ombudsman. (b) Except as provided in paragraph (c) of this subsection, the ombudsman, designee or staff of the ombudsman may disclose information arising from a complaint concerning a resident received by the ombudsman if: (A) The ombudsman, designee or staff personally witnessed a felony related to the complaint; (B) The ombudsman, designee or staff receives a complaint of imminent risk of serious harm to one or more residents; (C) Except for records protected or exempt from disclosure by federal or state law, a resident or the residents authorized representative requests a copy of the memoranda, work product, notes or case file materials arising from a complaint alleging harm or abuse against the resident; (D) The resident or the residents authorized representative requests the ombudsman, designee or staff to authenticate a record contained in the residents case file; (E) A law enforcement agency is pursuing a criminal charge arising from or related to the complaint; (F) The information is about the general operation of the facilities ombudsman program, general processes employed by the ombudsman or statistical or other reports about the program that do not disclose information about an individual complaint; or (G) A court of competent jurisdiction enters an order compelling the ombudsman to disclose information after making explicit findings that: (i) The information is essential to litigating an ongoing criminal or civil matter; (ii) The information cannot be obtained from any other source; and (iii) Disclosure of the information will be limited or redacted in such a way as to minimize unnecessary disclosure of confidential information or information that would tend to identify a confidential complainant. (c) Records, as defined in ORS 192.515, memoranda, work product, notes, case files or any other material provided by the ombudsman, designee or staff of the ombudsman by the system described in ORS 192.517 may not be disclosed by the ombudsman, designee or staff of the ombudsman and are not subject to discovery, subpoena or other means of legal compulsion. [2017 c.441 8; 2021 c.319 1] Note: See note under 443.380.
The Residential Facilities Ombudsman appointed under ORS 443.382 may solicit and accept gifts, grants and donations from public and private sources for the purpose of carrying out ORS 443.380 to 443.394 and the moneys shall be deposited in the Long Term Care Ombudsman Account established under ORS 441.419. [2017 c.441 9] Note: See note under 443.380.
As used in ORS 443.400 to 443.455 and 443.991, unless the context requires otherwise: (1) "Behavioral health needs" means mental, emotional or behavioral disturbances. (2) "Conversion facility" means a facility that has applied for, or been issued, a conversion facility license as described in ORS 443.431. (3) "Direct care staff" means the employees of a residential facility whose primary responsibilities are to provide personal care services to residents, including but not limited to: (a) Administering medications; (b) Coordinating resident-focused activities; (c) Supervising and supporting residents; (d) Supporting activities of daily living, including but not limited to bathing, dressing, eating and transferring; and (e) Serving but not preparing meals. (4) "Licensing agency" means: (a) The Department of Human Services, if the residential facility that is licensed, or that the Director of Human Services determines should be licensed, is a residential care facility, residential training facility or residential training home; or (b) The Oregon Health Authority, if the residential facility that is licensed, or that the Director of the Oregon Health Authority determines should be licensed, is a residential treatment facility or residential treatment home. (5) "Resident" means any individual residing in a facility who receives residential care, treatment or training. For purposes of ORS 443.400 to 443.455, an individual is not considered to be a resident if the individual is related by blood or marriage within the fourth degree as determined by civil law to the person licensed to operate or maintain the facility. (6) "Residential care" means services such as supervision; protection; assistance while bathing, dressing, grooming or eating; management of money; transportation; recreation; and the providing of room and board. (7) "Residential care facility" means a facility that provides residential care in one or more buildings on contiguous properties: (a) For six or more socially dependent individuals or individuals with physical disabilities; or (b) For fewer than six socially dependent individuals or individuals with physical disabilities if the purpose of the facility is to serve individuals with co-occurring behavioral health needs who are more appropriately served in smaller settings. (8) "Residential facility" means a residential care facility, residential training facility, residential treatment facility, residential training home, residential treatment home or conversion facility. (9) "Residential training facility" means a facility that provides, for six or more individuals with intellectual or developmental disabilities, residential care and training in one or more buildings on contiguous properties. (10) "Residential training home" means a facility that provides, for five or fewer individuals with intellectual or developmental disabilities, residential care and training in one or more buildings on contiguous properties, when so certified and funded by the Department of Human Services. (11) "Residential treatment facility" means a facility that provides, for six or more individuals with mental, emotional or behavioral disturbances or alcohol or drug dependence, residential care and treatment in one or more buildings on contiguous properties. (12) "Residential treatment home" means a facility that provides for five or fewer individuals with mental, emotional or behavioral disturbances or alcohol or drug dependence, residential care and treatment in one or more buildings on contiguous properties. (13) "Training" means the systematic, planned maintenance, development or enhancement of self-care skills, social skills or independent living skills, or the planned sequence of systematic interactions, activities or structured learning situations designed to meet each residents specified needs in the areas of physical, social, emotional and intellectual growth. (14) "Treatment" means a planned, individualized program of medical, psychological or rehabilitative procedures, experiences and activities designed to relieve or minimize mental, emotional, physical or other symptoms or social, educational or vocational disabilities resulting from or related to the mental or emotional disturbance, physical disability or alcohol or drug problem. [1977 c.717 1; 1987 c.548 1; 1989 c.224 95; 1989 c.488 1; 1991 c.801 1; 2001 c.900 183; 2005 c.22 306; 2007 c.70 245; 2009 c.595 777; 2017 c.679 35; 2017 c.707 9]
For purposes of ORS 443.400 to 443.455 and 443.991, "residential facility" does not include: (1) A residential school; (2) A state or local correctional facility; (3) A youth correction facility as defined in ORS 420.005; (4) A youth care center operated by a county juvenile department under administrative control of a juvenile court pursuant to ORS 420.855 to 420.885; (5) A juvenile detention facility as defined in ORS 419A.004; (6) A nursing home; (7) A hospital; (8) A place primarily engaged in recreational activities; (9) A foster home; (10) A place providing care and treatment on less than a 24-hour basis; or (11) A residential facility registered under ORS 443.485. [1977 c.717 2; 1983 c.510 18; 1993 c.33 350; 1999 c.316 2; 2005 c.22 307; 2009 c.595 778; 2013 c.130 5; 2015 c.740 1]
(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]
(1) Applications for licensure to maintain and operate a residential facility shall be made to the Department of Human Services or the Oregon Health Authority on forms provided for that purpose by the appropriate licensing agency. Each application shall be accompanied by a fee. No fee is required of any governmentally operated residential facility. (2)(a) The application fee for a residential training facility or a residential treatment facility is $60. (b) The application fee for a residential training home is $50. (c) The application fee for a residential treatment home is $30. (d) The application fee for a residential care facility is: (A) For a facility with one to 15 beds, $2,000. (B) For a facility with 16 to 49 beds, $3,000. (C) For a facility with 50 to 99 beds, $4,000. (D) For a facility with 100 to 150 beds, $5,000. (E) For a facility with more than 150 beds, $6,000. (3) Upon receipt of an application and fee, the licensing agency shall conduct an in-person site inspection, including, for residential care facilities, an inspection of the kitchen and other areas where food is prepared for residents. The licensing agency shall issue a license to any applicant for operation of a residential facility in compliance with ORS 443.002 and 443.400 to 443.455 and the rules of the licensing agency. Licensure may be denied when a residential facility is not in compliance with ORS 443.002 or 443.400 to 443.455 or the rules of the licensing agency. Licensure shall be denied if the State Fire Marshal, deputy or approved authority has given notice of noncompliance of a residential care facility, residential training facility or residential treatment facility pursuant to ORS 479.220. [1977 c.717 8; 1979 c.696 16; 1987 c.548 2; 2001 c.900 184; 2005 c.22 308; 2009 c.595 780; 2009 c.828 31; 2009 c.837 26; 2017 c.679 12a; 2017 c.707 4; 2019 c.592 5; 2021 c.338 6]
(1) The Director of Human Services or authorized representative shall periodically visit and inspect every residential care facility, residential training facility or residential training home to determine whether it is maintained and operated in accordance with ORS 443.400 to 443.455 and the rules of the director, and to consult with and advise management concerning methods of care, treatment, training, records, housing and equipment. Employees of the Department of Human Services and the State Fire Marshal or authorized representative on request shall be permitted access to the premises and records of individuals in the facility or home that are pertinent to fire safety. (2) The Director of the Oregon Health Authority or authorized representative shall periodically visit and inspect every residential treatment facility or residential treatment home to determine whether it is maintained and operated in accordance with ORS 443.400 to 443.455 and the rules of the director, and to consult with and advise management concerning methods of care, treatment, training, records, housing and equipment. Employees of the Oregon Health Authority and the State Fire Marshal or authorized representative on request shall be permitted access to the premises and records of individuals in the facility or home that are pertinent to fire safety. [Formerly 443.435]
(1) The Department of Human Services shall annually inspect the kitchen of a facility and other areas where food is prepared for residents. In a year when the department is required by law to conduct a survey, the department shall conduct the inspection as part of the survey. The inspection must be conducted by an individual who has training and expertise in food sanitation. For an inspection not conducted as part of a legally required survey, the department may charge the inspected facility a fee of up to $200. (2) The department or the Oregon Health Authority may not deny or delay a license or refuse to renew a license: (a) For a facilitys first failure to pass an inspection; or (b) If the department fails to conduct an inspection in a timely manner. (3) Any fees collected by the department under this section shall be deposited into the Quality Care Fund established in ORS 443.001 and are continuously appropriated to the department for conducting inspections described in subsection (1) of this section. [2019 c.592 2] Note: 443.417 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.
(1) The Department of Human Services or the Oregon Health Authority may revoke, suspend or impose conditions on the license of any residential training facility or residential training home based on criteria adopted by the licensing agency by rule, including but not limited to when: (a) There exists a threat to the health, safety or welfare of a resident; (b) There is reliable evidence of abuse, neglect or exploitation of a resident; or (c) The facility or home is out of compliance with ORS 443.002 or 443.400 to 443.455 or the rules of the licensing agency. (2) In cases where an imminent danger to the health or safety of the residents exists, a license may be suspended immediately. [2021 c.316 2]
(1) A person applying for a license under ORS 443.415 must, in the judgment of the director of the licensing agency, be a person: (a) Who demonstrates an understanding and acceptance of the rules governing residential facilities; (b) Mentally and physically capable of caring for such residents; and (c) Who employs or utilizes only individuals whose presence does not jeopardize the health, safety or welfare of residents. (2) A residential facility may not be operated or maintained in combination with a nursing home or hospital unless: (a) The residential facility is licensed, maintained and operated as a separate and distinct part; or (b) The residential facility is licensed as a conversion facility under ORS 443.431. (3) All physical residential facilities used for residents must meet applicable requirements of the State Fire Marshal. (4) As of the date of licensure, a residential facility must be in substantial compliance with applicable state and local laws, rules, codes, ordinances and permit requirements. (5) Prior to licensure, a residential facility that proposes to house persons under the age of 21 years shall submit written proof to the licensing agency demonstrating that the facility will: (a) Comply with ORS 336.575; and (b) Ensure that the children who reside at the residential facility receive appropriate educational services that are: (A) Comprehensive and age-appropriate; (B) In compliance with requirements of state and federal law; and (C) If applicable, in compliance with the individual education program of the child. (6) Prior to an initial licensure of a residential care facility, the licensing agency shall consider: (a) The license applicants history of regulatory compliance and operational experience; (b) The willingness of the license applicant to serve underserved populations; and (c) The willingness of the license applicant to contract with the licensing agency to provide services through the state medical assistance program. (7)(a) The licensing agency may not issue an initial license to a residential care facility if the facility has not conducted a market study that assesses the need for the services offered by the facility in the geographic area served by the facility. (b) This subsection does not apply to a conversion facility licensed under ORS 443.431. (8) Prior to the issuance of an initial license to a residential training facility or a residential training home, and upon an application for a renewal of a license of a residential training facility or a residential training home, the licensing agency shall consider the license applicants history of regulatory and safety compliance and operational experience in this state or any other jurisdiction as prescribed by rule by the licensing agency. [1977 c.717 4; 1985 c.264 3; 2008 c.18 12; 2009 c.595 781; 2011 c.105 1; 2015 c.241 1; 2017 c.679 21; 2021 c.316 3]
(1) Except as provided in subsection (2) of this section, the Department of Human Services or the Oregon Health Authority may revoke or suspend the license of any residential care facility that is not operated in accordance with ORS 443.002 or 443.400 to 443.455 or the rules of the licensing agency. Such revocation or suspension must be taken in accordance with rules of the licensing agency and ORS chapter 183. However, in cases where an imminent danger to the health or safety of the residents exists, a license may be suspended immediately pending a fair hearing not later than the 10th day after such suspension. (2)(a) In a case where an imminent danger to the health or safety of the residents exists, a residential care facility license may be suspended immediately. (b) The residential care facility is entitled to a contested case hearing to appeal an order of immediate suspension in accordance with procedures adopted by the Department of Justice by rule concerning emergency license suspensions. (c) When the Department of Human Services issues an immediate suspension order under this subsection, the department may: (A) Transition all residents of the residential care facility to other residential facilities; or (B) Appoint a management company with demonstrated skill and experience in operating residential facilities to manage the residential care facility and care for the residents of the facility. If the facility is unable to pay for the appointed management company, the department shall use funds from the facility trustee account fund to cover the cost. [Formerly 443.440; 2021 c.316 4]
(1) To prevent the perpetuation of segregated housing patterns, the Department of Human Services, in consultation with the Oregon Health Authority, shall determine the location and type of licensed residential facilities and the location of facilities subject to the provisions of ORS 169.690. (2) Before a license is issued for a residential facility as defined in ORS 443.400, the issuing agency shall determine the number and type of any other licensed residential facilities and the number and type of facilities subject to the provisions of ORS 169.690 within a 1,200 foot radius. (3) None of the data collected under this section shall be used in a manner that violates the Fair Housing Amendments Act of 1988. [1989 c.564 11; 2009 c.595 782] Note: 443.422 was added to and made a part of ORS chapter 443 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) The Department of Human Services, in cooperation with representatives of residential facilities and adult foster homes, shall: (a) Assess the capacity on January 1, 2008, of residential facilities and adult foster homes to serve residents who qualify for state medical assistance; (b) Establish targets for expansion of the capacity assessed in paragraph (a) of this subsection in each area of the state; and (c) Issue a report on changes in capacity on a quarterly basis. (2) The department shall report semiannually to the Legislative Assembly or the Emergency Board the findings in subsection (1) of this section and any recommendations for legislative action. [2008 c.18 15] Note: 443.424 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.
(1) Licensure under ORS 443.415 is effective for two years from the date of issue unless sooner revoked. Each license shall state: (a) The name of the person operating the residential facility; (b) The name of the person who owns the residential facility and, for a residential training facility or a residential training home, all persons with an ownership interest of five percent or more; (c) The address of the premises to which the license applies and the maximum number of residents to be maintained in the residential facility at any time whether the residential facility is licensed as a residential training facility, a residential treatment facility, a residential care facility, a residential training home or residential treatment home; and (d) Other information that the Department of Human Services or the Oregon Health Authority considers necessary. (2) A license is renewable upon submission of an application to the department or the authority and payment of a renewal fee. No fee is required of a governmentally operated residential facility. Filing of an application for renewal before the date of expiration of a license extends the effective date of expiration of the license until the licensing agency has acted upon the application. The licensing agency shall refuse to renew a license if: (a) The facility is not substantially in compliance with all applicable laws and rules; (b) For a residential care facility, the facility has failed an inspection of the kitchen or other areas where food is prepared for residents that was conducted by the department in accordance with ORS 443.417, except as provided in ORS 443.417 (2); or (c) The State Fire Marshal, deputy or approved authority has given notice of noncompliance of a residential care facility, residential training facility or residential treatment facility pursuant to ORS 479.220. (3)(a) The biennial renewal fee for a residential training facility or a residential treatment facility is $60. (b) The biennial renewal fee for a residential training home is $50. (c) The biennial renewal fee for a residential treatment home is $30. (d) The biennial renewal fee for a residential care facility is: (A) For a facility with one to 15 beds, $1,000. (B) For a facility with 16 to 49 beds, $1,500. (C) For a facility with 50 to 99 beds, $2,000. (D) For a facility with 100 to 150 beds, $2,500. (E) For a facility with more than 150 beds, $3,000. [1977 c.717 9; 1983 c.47 1; 1983 c.740 162; 1987 c.548 3; 2009 c.595 783; 2009 c.837 27; 2017 c.679 13a; 2017 c.707 5; 2019 c.592 6; 2021 c.316 5]
(1) A license under ORS 443.415 is not transferable or applicable to any location, residential facility or management other than that indicated on the application for licensure. (2) Except as provided in subsection (3) of this section: (a) All moneys collected under ORS 443.400 to 443.455 for the purpose of licensing a residential care facility, residential training facility or residential training home shall be deposited in a special account in the General Fund and are continuously appropriated for payment of expenses incurred by the Department of Human Services in administering and enforcing ORS 443.400 to 443.455. (b) All moneys collected under ORS 443.400 to 443.455 for the purpose of licensing a residential treatment facility or residential treatment home shall be deposited in a special account in the General Fund and are continuously appropriated for payment of expenses incurred by the Oregon Health Authority in administering and enforcing ORS 443.400 to 443.455. (3) All moneys collected from a residential care facility under ORS 443.415, 443.425 or 443.455 shall be deposited in the Quality Care Fund established in ORS 443.001. [1977 c.717 10; 1983 c.47 2; 2009 c.595 784; 2009 c.828 88; 2021 c.97 60]
(1) A facility that is licensed as a long term care facility under ORS 441.025 may apply to the Department of Human Services for licensure as a conversion facility. The department shall issue a conversion facility license upon receipt of an application and a fee that meet requirements established by the department by rule. (2)(a) The department shall adopt rules governing the conversion of a facilitys license from a long term care facility license to a residential care facility license and the regulation of the facility during the conversion period. (b) As of the date of licensure as a conversion facility, the conversion facility must be in substantial compliance with applicable state and local laws, rules, codes, ordinances and permit requirements. (3) As used in this section, "substantial compliance" means a level of compliance with state law and with rules of the department such that any identified deficiencies pose a risk of no more than negligible harm to the health or safety of residents. [2017 c.679 20]
(1) The Department of Human Services shall develop or obtain, maintain and use, in collaboration with residential care facilities, an objective, technology-based, acuity-based staffing tool. The department may use the tool to: (a) Evaluate whether a residential care facility has qualified awake caregivers sufficient in number to meet the 24-hour scheduled and unscheduled needs of each resident; and (b) Assess the number of direct care staff hours required by a particular residential care facility to meet each residents scheduled and unscheduled needs. (2) The acuity-based staffing tool shall be made available to residential care facilities to: (a) Enable the residential care facilities to assess their staffing needs and determine whether they have a sufficient number of qualified awake caregivers to meet the 24-hour scheduled and unscheduled needs of each resident; (b) Communicate the required staffing needs and each residential care facilitys staffing plan to residents, their family members and other persons; and (c) Demonstrate to the department that the residential care facilitys staffing plan meets the 24-hour scheduled and unscheduled needs of each resident. (3) The department is not required to use the tool described in this section in every circumstance in which residential care facility staffing is evaluated, but the department must use the tool in collaboration with the facility if the department is considering imposing a staffing requirement on a facility as part of a licensing condition and the department and the facility are not in agreement about whether staffing meets the residents scheduled and unscheduled needs or the staffing standards proposed by the department. [2017 c.679 24]
(1) In addition to any other training required by law, all direct care staff employed by a residential care facility shall, prior to providing direct care to residents of the facility, complete training in dementia care that includes: (a) Education on the dementia disease process, including the progression of the disease, memory loss, psychiatric and behavioral symptoms; (b) Techniques for understanding and managing behavioral symptoms, including but not limited to reducing the use of antipsychotic medications for nonstandard uses; (c) Strategies for addressing the social needs of persons with dementia and providing them with meaningful activities; and (d) Information on addressing specific aspects of dementia care and ensuring the safety of residents with dementia, including but not limited to how to: (A) Address pain; (B) Provide food and fluids; (C) Prevent wandering and elopement; and (D) Use a person-centered approach. (2) A residential care facility shall provide a certificate of completion to direct care staff who complete the training described in subsection (1) of this section. If a member of the direct care staff is employed by a different residential care facility no later than 24 months after completing the training, the facility may elect to not require the staff member to repeat the training. (3) In addition to the training described in subsection (1) of this section, direct care staff each must complete annually at least six hours of training in dementia care. This training may be part of any existing continuing education requirement imposed by law. (4) All training in dementia care provided to direct care staff must be approved by a private or nonprofit organization that is approved by the Department of Human Services and that has expertise and specializes in educational training for residential care facility staff. (5) All training in dementia care provided to direct care staff must reflect current standards for dementia care and be informed by the best evidence in the care and treatment of dementia. (6) The department shall prescribe by rule how to assess the competency of direct care staff. [2017 c.679 25]
A residential training facility or residential training home licensed by the Department of Human Services shall submit annual staffing data to a nationally standardized reporting survey organization specified by the Department of Human Services. The department shall obtain state-specific data from the nationally standardized reporting survey organization, disaggregated by provider. [2017 c.707 3]
[1977 c.717 11; 2005 c.22 309; 2009 c.595 785; renumbered 443.416 in 2019]
(1) As used in this section: (a) "Consistently" means regularly and typically. (b) "Substantial compliance" means a level of compliance with state law and with rules of the Department of Human Services such that any identified deficiencies pose a risk of no more than negligible harm to the health or safety of residents. (2)(a) The department shall develop a framework for assessing the compliance of residential care facilities with regulatory requirements and for requiring corrective action that accurately and equitably measures compliance and the extent of noncompliance. (b) The framework must include but is not limited to measures of the severity and scope of a residential care facilitys noncompliance, including but not limited to: (A) Whether the facility has qualified awake direct care staff in sufficient numbers to consistently meet the scheduled and unscheduled needs of each resident 24 hours a day; and (B) The impact of any compliance deficiencies on the rights, health, welfare and safety of the residents. (c) The department shall publish the framework on the departments website and shall distribute the framework to residential care facilities licensed in this state. (3) The department shall administer a residential care facility enhanced oversight and supervision program that focuses department resources on residential care facilities that consistently demonstrate: (a) A lack of substantial compliance with the requirements of ORS 443.400 to 443.455 or rules adopted to implement ORS 443.400 to 443.455; or (b) Performance substantially below statewide averages on quality metrics reported under the Residential Care Quality Measurement Program established under ORS 443.446. (4) The residential care facility enhanced oversight and supervision program shall take one or more of the following actions that the department deems necessary to improve the performance of a residential care facility: (a) Increase the frequency of surveys of the residential care facility. (b) Conduct surveys that focus on areas of consistent noncompliance identified by the department. (c) Impose one or more conditions on the license of the facility under ORS 441.736. (5) The department shall terminate the enhanced oversight and supervision of a residential care facility: (a) After three years if the residential care facility has shown through at least two consecutive in-person site surveys and reported quality metrics that the residential care facility no longer meets the criteria set forth in subsection (3) of this section; or (b) After one year if the residential care facility submits a written assertion of substantial compliance and the department determines that the residential care facility no longer meets the criteria set forth in subsection (3) of this section. (6) The department shall publish notice on the departments website, including any website where the public can access a database of long term care facilities, of any residential care facility that is in the enhanced oversight and supervision program. (7) Using moneys from the Quality Care Fund established under ORS 443.001, the department shall develop, maintain and periodically update compliance guidelines for residential care facilities serving seniors and persons with disabilities. The guidelines must be made available electronically. (8) This section does not preclude the department from taking any action authorized by ORS 443.400 to 443.455. [2017 c.679 23; 2021 c.338 7; 2021 c.392 5] Note: Section 7, chapter 392, Oregon Laws 2021, provides: Sec. 7. No later than April 1, 2022, the Department of Human Services shall: (1) Publish and distribute to residential care facilities the framework described in ORS 443.436 (2). (2) Fully implement the enhanced oversight and supervision program described in ORS 443.436. (3) Report to the appropriate interim committees of the Legislative Assembly, in the manner provided in ORS 192.245, on the publishing and distribution of the framework and the implementation of the enhanced oversight and supervision program. [2021 c.392 7]
[1983 c.328 4; 2007 c.71 133; renumbered 443.448 in 2021]
[2017 c.679 27; renumbered 443.449 in 2021]
It is the intent of the Legislative Assembly that, when the Legislative Assembly approves increases in funding of services provided by residential training facilities or residential training homes, wages and health benefits paid to direct support professionals in the residential training facilities or residential training homes be increased at a comparable rate. [2017 c.707 2] Note: Sections 3 and 4, chapter 655, Oregon Laws 2021, provide: Sec. 3. (1) The Department of Human Services shall conduct a study of licensed residential care facilities, which includes licensed assisted living facilities and residential care facilities with memory care endorsements, to evaluate: (a) The total cost to provide care to residents by categories prescribed by the department such as by geographic region, age of the facility or the mix of patients within a facility; (b) The sufficiency of the reimbursement paid to facilities to meet the total cost of care for medical assistance recipients in the facilities, for each type and category of facility; and (c) The average compensation paid to direct care workers by the facilities in each geographic area designated by ORS 653.025 (1), (2) and (3). (2) The department may contract with a third party vendor to conduct the study. (3) The department or a third party vendor may not make overly burdensome requests to facilities for information needed to conduct the study. (4) The department shall publicly report the aggregate, deidentified data from the study. (5) No later than January 1, 2023, the department shall report to the Legislative Assembly, in the manner provided in ORS 192.245, on the results of the study. [2021 c.655 3] Sec. 4. Section 3 of this 2021 Act is repealed on January 2, 2023. [2021 c.655 4]
[1977 c.717 12; 2005 c.22 310; 2009 c.595 786; 2009 c.828 32; 2017 c.679 26; renumbered 443.421 in 2019]
(1) As used in this section: (a) "Consistently" means regularly and typically. (b) "Direct care staff" means staff who provide services for residents that include assistance with daily living, medication administration, resident-focused activities, supervision and support. (c) "Facility" includes a: (A) Residential care facility as defined in ORS 443.400; and (B) Facility with a memory care endorsement under ORS 443.886. (2) In determining whether a facility has qualified awake direct care staff in sufficient numbers to meet the scheduled and unscheduled needs of each resident 24 hours a day as prescribed by rule, the Department of Human Services shall conduct an assessment, in accordance with rules for home and community-based settings adopted by the Centers for Medicare and Medicaid Services, and consider whether the facility consistently: (a) Implements and maintains a current person-centered service plan for each resident as required by rule by the Centers for Medicare and Medicaid Services; (b) Provides timely access, 24 hours a day, to all supports needed for activities of daily living including eating, hydration, toileting, hygiene, bathing, dressing, oral care and other supports included in the residents person-centered service plan; (c) Provides a timely response to issues impacting the dignity of the resident, including but not limited to wet or soiled briefs, clothing or linens; and (d) Delivers care according to the schedule and procedures outlined in the residents person-centered service plan, including but not limited to wound care, medication administration, pain control, behavior support, cueing and repositioning. (3) For a complaint of a licensing violation, other than abuse, that alleges harm or potential harm to a resident or for a complaint that a facility does not have qualified awake direct care staff in sufficient numbers to meet the scheduled and unscheduled needs of each resident 24 hours a day: (a) The department shall begin an investigation without undue delay; and (b) The investigator shall: (A) Assess whether the facility has qualified awake direct care staff in sufficient numbers to consistently meet the scheduled and unscheduled needs of each resident 24 hours a day pursuant to the criteria prescribed by rule under subsection (2) of this section; and (B) Write an investigation report that includes: (i) The investigators personal observations; (ii) A review of documents and records; (iii) A summary of all witness statements; and (iv) A statement of the factual basis for the findings for each incident or problem alleged in the complaint, including the investigators assessment of staffing levels and whether the facility has qualified awake direct care staff in sufficient numbers to consistently meet the scheduled and unscheduled needs of each resident 24 hours a day. [2021 c.392 1] Note: 443.441 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.
(1) A residential care facility, which includes an assisted living facility, shall provide, at a minimum, the following information to an individual or any person acting on behalf of the individual at the time the individual applies for admission to the residential care facility and upon request: (a) A summary explanation of the services provided by the facility; (b) A summary explanation of the types of care that the facility does not provide; (c) A statement that if the facility is not capable of meeting the residents needs for care and services, the facility may require the resident to pursue other options, including by moving to another facility or care setting; (d) A statement that if a resident leaves the facility to receive acute medical, psychiatric, nursing facility or other care, before the resident may return to the facility, the facility will first evaluate whether the facility is capable of meeting the residents care needs and, if not, the resident will not be permitted to return to the facility; (e) A statement of a residents right to appeal if the facility requires the resident to leave the facility or does not permit the resident to return to the facility, as described in paragraphs (c) and (d) of this subsection; and (f) A statement of whether the facility will arrange for or otherwise coordinate hospice care for a resident upon request. (2) The information described in subsection (1) of this section must: (a) Be in writing; (b) Be written in plain English; (c) Be explained to the individual or the person acting on behalf of the individual in a manner the individual or person understands; (d) Be provided separately from all other disclosure and residency agreement documents; and (e) Require the signature of the individual or the person acting on behalf of the individual acknowledging that the individual or person understands the content and the implications of the information. (3) A residential care facility must update and submit to the Department of Human Services the information described in this section at any time there is a change in management or ownership of the facility. The department shall make the information available to the public on the departments facility search website. [2019 c.554 2; 2021 c.655 2]
Upon the admission of a resident to a residential care facility, the facility shall provide the resident with information developed by the Long Term Care Ombudsman describing the availability and services of the ombudsman. [2019 c.117 4]
(1) A residential facility may not admit individuals who require continuous nursing care except as provided in subsection (3) of this section. (2) Except as provided in subsection (3) of this section, if any resident of a residential facility requires nursing care for eight or more consecutive days or a physician or the designee of a physician, a naturopathic physician or a registered nurse certifies that continued nursing care is required, the resident shall be transferred to an appropriate health care facility for as long as necessary. (3) A resident of a residential care facility, residential training facility or residential training home who requires nursing care in addition to training or care needs, or any combination thereof, may be served by that facility or home with approval from the Department of Human Services and in accordance with the rules of the department and consistent with rules adopted by the Oregon State Board of Nursing under ORS 678.150 (8). (4) A resident of a residential treatment facility or residential treatment home who requires nursing care in addition to treatment needs may be served by that facility or home with approval from the Oregon Health Authority and in accordance with the rules of the authority and consistent with rules adopted by the Oregon State Board of Nursing under ORS 678.150 (8). (5) A residential facility may not admit individuals of categories other than those designated on its license without prior written consent of the licensing agency. (6) In the case of residential facilities supervised by and operated exclusively for persons who rely upon prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized church or religious denomination, no medical, psychological or rehabilitative procedures shall be required. [1977 c.717 5; 1991 c.292 2; 2001 c.900 185; 2009 c.535 33; 2009 c.595 787; 2017 c.356 72]
(1) The Residential Care Quality Measurement Program is established in the Department of Human Services. Under the program, the department shall, no later than July 1 of each year, publish an annual report, based on data reported by each residential care facility under subsection (2) of this section. Excluding data that identifies a resident, the report must include data compilation, illustration and narratives to: (a) Describe statewide patterns and trends that emerge from the data reported to the department under subsection (2) of this section and compliance data maintained by the department; (b) Identify residential care facilities that substantially failed to report data as required by this section; (c) Allow residential care facilities and the public to compare a residential care facilitys performance on each quality metric, by demographics, geographic region, facility type and other categories the department believes may be useful to consumers and facilities; (d) Show trends in performance on each of the quality metrics; (e) Identify patterns of performance by geographic regions and other categories the department believes will be useful to consumers; (f) Identify the number, severity and scope of regulatory violations by each geographic region; and (g) Show average timelines for surveys and for investigations of abuse or regulatory noncompliance. (2) Each residential care facility shall report, no later than January 31 of each year and in the form and manner prescribed by the Quality Measurement Council established under ORS 443.447, the quality metrics developed by the council under ORS 443.447. (3) The department shall make available an annual report to each residential care facility that reports quality metrics under subsection (2) of this section using data compilation, illustration and narratives to allow the residential care facility to measure and compare its quality metrics over time. (4) The department shall make available to the public in a standard format and in plain language the data reported by each residential care facility, excluding information that identifies a resident. (5) The department shall, using moneys from the Quality Care Fund established under ORS 443.001: (a) Develop online training modules to address the top two statewide issues identified by surveys or reviews of residential care facilities during the previous year; and (b) Post and regularly update the data used to prepare the report described in subsection (1) of this section. (6) The Quality Measurement Council, in consultation with the department, shall establish a uniform system for residential care facilities to report quality metrics as required by subsection (2) of this section. The system must: (a) Allow for electronic reporting of data, to the greatest extent practicable; and (b) Take into account and utilize existing data reporting systems used by residential care facilities. (7)(a) Quality metric data reported to the department under this section may not be used as the basis for an enforcement action by the department nor may the data be disclosed to another agency for use in an enforcement or regulatory action. (b) Quality metric data are not admissible as evidence in any civil action, including but not limited to judicial, administrative, arbitration or mediation proceedings. (c) Quality metric data reported to the department are not subject to: (A) Civil or administrative subpoena; or (B) Discovery in connection with a civil action, including but not limited to judicial, administrative, arbitration or mediation proceedings. (8) Subsection (7) of this section does not exempt a residential care facility from complying with state law or prohibit the departments use of quality metric data obtained from another source in the normal course of business or compliance activity. [2017 c.679 15; 2017 c.679 17]
(1) The Quality Measurement Council is established in the Department of Human Services to prescribe how the department shall implement the Residential Care Quality Measurement Program established under ORS 443.446. (2) The council consists of nine members, appointed by the Governor, as follows: (a) One individual representing the Oregon Patient Safety Commission; (b) One individual representing residential care facilities; (c) One consumer representative from an Alzheimers advocacy organization; (d) One licensed health care practitioner with experience in geriatrics; (e) Two individuals associated with an academic institution who have expertise in research using data and analytics and in community-based care and quality reporting; (f) The Long Term Care Ombudsman or a designee of the Long Term Care Ombudsman; (g) One individual representing the department; and (h) One direct care worker or a representative of a direct care worker who works in a residential care facility. (3)(a) On and after January 1, 2022, the council may update by rule the quality metrics to be reported by residential care facilities under ORS 443.446. (b) In developing quality metrics the council shall consider whether the data that must be reported reflect and promote quality care and whether reporting the data is unnecessarily burdensome on residential care facilities. [2017 c.679 16; 2021 c.655 1]
(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]
(1) A residential care facility shall ensure that prescription drugs dispensed to residents of the facility are packaged in a manner that reduces errors in the tracking of and the administration of the drugs, including but not limited to the use of unit dose systems or blister packs. (2) Subsection (1) of this section does not apply to residents receiving pharmacy benefits through the United States Department of Veterans Affairs if the pharmacy benefits do not reimburse the cost of such packaging. [Formerly 443.438]
(1) For a residential care facility, residential training facility or residential training home, the Director of Human Services shall adopt rules governing: (a) The physical properties of the facility or home; (b) Storage, preparation and serving of food; (c) Care or training to be provided; (d) The number, experience and training of the staff; and (e) Any other factors affecting the care or training provided. (2) For a residential treatment facility or residential treatment home, the Director of the Oregon Health Authority shall adopt rules governing: (a) The physical properties of the facility or home; (b) Storage, preparation and serving of food; (c) Treatment to be provided; (d) The number, experience and training of the staff; and (e) Any other factors affecting the treatment provided. (3) Distinct rules shall be adopted for homes of five or fewer residents, for facilities of six or more but fewer than 16 residents, and for facilities for 16 or more residents. The rules shall differentiate among categories of residents. (4) For purposes of this section, "categories" refers to different populations of residents, differentiated by, but not limited to, age and need, as defined by the Department of Human Services or the Oregon Health Authority by rule. [1977 c.717 6; 1991 c.801 3; 2009 c.595 788; 2011 c.720 199]
(1) The Director of Human Services shall waive the requirements of ORS 443.410 for a residential care facility caring for residents with physical disabilities if: (a) Each resident is over 16 years of age; (b) No more than five individuals with physical disabilities reside in any one building of the facility; and (c) The residential care facility complies with the applicable requirements of the State Fire Marshal. (2) As used in this section, "building" means any structure that does not share a common wall or roof with another structure. [1981 c.285 2,3; 1989 c.224 97; 2007 c.70 247; 2017 c.679 45] Note: 443.452 (1) 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.
(1) A residential facility may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a resident in the residential facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the health and safety of a resident of the facility to: (a) The Long Term Care Ombudsman, the Residential Facilities Ombudsman, the Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the residential facility; or (b) A family member, guardian, friend or other person who is acting on behalf of the resident. (2) Unless performed with the intent to comply with state or federal law, including but not limited to protecting residents rights or carrying out a facilitys policies and procedures that are consistent with state and federal law, it is interference with the disclosure of information as described in subsection (1) of this section if a residential facility: (a) Asks or requires the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information; (b) Trains an employee or volunteer not to disclose the information; or (c) Takes actions or communicates to the employee or volunteer that the employee or volunteer may not disclose the information. (3) The licensing agency may revoke or suspend the license of a residential facility that is found to have violated subsection (1) of this section. (4) The department shall adopt rules to carry out the provisions of this section. (5) This section does not authorize the disclosure of: (a) Protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information; or (b) Information protected under ORS 419A.255 and 419A.257. [2019 c.381 4]
(1) Except as provided in subsection (5) of this section, for purposes of imposing civil penalties, residential facilities approved under ORS 443.400 to 443.455 are subject to ORS 441.705 to 441.745. (2)(a) The Director of Human Services shall impose penalties on residential care facilities pursuant to ORS 441.731. (b) The director shall by rule prescribe a schedule of penalties for residential training facilities and residential training homes that are not in compliance with ORS 443.400 to 443.455. (3) The Director of the Oregon Health Authority shall by rule prescribe a schedule of penalties for residential treatment facilities and residential treatment homes that are not in compliance with ORS 443.400 to 443.455. (4) If the Department of Human Services or the Oregon Health Authority investigates and makes a finding of abuse arising from deliberate or other than accidental action or inaction that is likely to cause a negative outcome by a person with a duty of care toward a resident of a residential facility, other than a residential care facility, and if the abuse resulted in the death, serious injury, rape or sexual abuse of a resident, the department or authority shall impose a civil penalty of not less than $2,500 for each occurrence of substantiated abuse, not to exceed $15,000 in any 90-day period. As used in this subsection: (a) "Negative outcome" includes serious injury, rape, sexual abuse or death. (b) "Rape" means rape in the first degree as defined in ORS 163.375, rape in the second degree as defined in ORS 163.365 and rape in the third degree as defined in ORS 163.355. (c) "Serious injury" means physical injury that creates a substantial risk of death or that causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ. (d) "Sexual abuse" means any form of sexual contact between an employee of a residential facility or a person providing services in the residential facility and a resident of that facility, including but not limited to sodomy, sexual coercion, sexually explicit photographing and sexual harassment. (5) Civil penalties recovered from a residential training facility, residential training home, residential treatment facility or residential treatment home shall be deposited in the Long Term Care Ombudsman Account established in ORS 441.419. [1977 c.717 13; 1991 c.801 4; 2001 c.900 186; 2005 c.22 311; 2009 c.595 789; 2009 c.828 89; 2013 c.717 15; 2014 c.104 11; 2017 c.679 6; 2019 c.13 48]
(1) The Director of Human Services may exempt from the license, inspection and fee provisions of ORS 443.400 to 443.455 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 to 443.455. (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]
(1) The Oregon Health Authority shall adopt rules applicable to secure residential treatment homes and facilities as defined in ORS 443.400 that house persons who, as a condition of release under ORS 161.315 to 161.351, 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 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.
As used in ORS 443.480 to 443.500: (1)(a) "Community-based structured housing" means congregate housing where services and support are provided by the owner or operator of the facility or staff of the facility to assist residents who have mental, emotional, behavioral or substance use disorders. (b) "Community-based structured housing" does not include: (A) Residential care as defined in ORS 443.400; or (B) Publicly supported housing as defined in ORS 456.250. (2) "Congregate housing" means housing in which each adult resident has a private or shared bedroom or living quarters and shares with other adult residents a dining room, recreational room and other common areas. (3) "Services and support" means living accommodations and services, other than treatment, such as housekeeping, laundry, medication monitoring, transportation or recreational opportunities. (4) "Treatment" has the meaning given that term in ORS 443.400. [1989 c.581 5; 2007 c.70 248; 2015 c.740 2; 2021 c.242 1] Note: 443.480 to 443.500 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) Subject to ORS 443.490, a person that owns or operates a community-based structured housing facility offered to the general public shall register with the Oregon Health Authority the name and address of the owner or operator if the facility: (a) Provides services and support to two or more adult residents, not related to the person by blood or marriage, who have mental, emotional, behavioral or substance use disorders; and (b) Is not licensed or registered under any other law of this state or city or county ordinance or regulation. (2) The registration fee is $20 annually. (3) The authority shall establish by rule reasonable and appropriate standards for the operation of facilities subject to ORS 443.480 to 443.500. The standards must be consistent with the residential nature of the facilities and must address, at a minimum, the: (a) Physical properties of a facility; (b) Storage, preparation and serving of food at a facility that provides prepared meals; (c) Storage, preparation and dispensing of medications and the assistance provided by staff to adult residents in taking medications; and (d) Number, experience and training of the staff of a facility. (4) The authority shall provide evidence of the registration to the person. The evidence shall be posted in a facility. (5) The authority may impose a civil penalty not to exceed $5,000 for: (a) Operating without registration as required under this section; or (b) A violation of ORS 443.880 or 443.881. (6) The authority may suspend or revoke registration or deny the issuance of registration for violation of any statute, rule, ordinance or regulation relating to the facility. (7) Rules adopted under subsection (3) of this section must avoid imposing on facilities regulated by federal agencies any reporting requirements or review processes that duplicate the reporting requirements or review processes imposed by the federal agency. [1989 c.581 1; 1991 c.413 5; 2007 c.70 249; 2015 c.740 3; 2021 c.242 2] Note: See note under 443.480.
If the Oregon Health Authority finds that another governmental entitys standards for the operation of a facility subject to ORS 443.480 to 443.500 are substantially similar or superior to those under ORS 443.485 (3), the authority may waive the requirements of ORS 443.485. [1989 c.581 2; 2015 c.740 4; 2021 c.242 3] Note: See note under 443.480.
Nothing in ORS 443.480 to 443.500 applies to: (1) Any facility operated by an institution of higher education. (2) Any private room and board facility approved by an institution of higher education which has as a resident a student or an employee of the institution. (3) Any private or nonprofit retirement facility which does not fall under the generally understood definition of a "room and board facility," a "boarding house" or a "boarding hotel" and where a majority of the residents are retirees. (4) Any privately arranged housing the occupants of which may not be related by blood or marriage. [1989 c.581 3] Note: See note under 443.480.
(1) The Oregon Health Authority staff shall be permitted access to enter and investigate complaints of abuse in all facilities registered under ORS 443.480 to 443.500 and to ascertain a facilitys compliance with applicable rules, statutes, ordinances and regulations. If the authority has reasonable cause to believe any facility is operating without registration or is in violation of ORS 443.480 to 443.500, the authority may apply to the circuit court for a search warrant. (2) Upon complaint of any person: (a) The state or local fire inspectors shall be permitted access to enter and inspect facilities registered under ORS 443.480 to 443.500 regarding fire safety. (b) The state or local health officers shall be permitted access to enter and inspect facilities registered under ORS 443.480 to 443.500 regarding health and sanitation. (3) The owner or operator of a facility may not retaliate against any individual who files a complaint or any witness or employee of a facility interviewed about the complaint, including but not limited to retaliation by restriction of a residents otherwise lawful access to the facility and, with respect to an employee, retaliation by dismissal or harassment. [1989 c.581 4; 2015 c.740 5; 2021 c.242 4] Note: See note under 443.480.
As used in ORS 443.705 to 443.825: (1) "Adult foster home" means any family home or facility in which residential care is provided in a homelike environment for five or fewer adults who are not related to the provider by blood or marriage. (2) "Licensed adult foster home" means a home which has been investigated and approved by the licensing agency. This includes an in-person site inspection of the facility. (3) "Licensing agency" means: (a) The Department of Human Services for adult foster homes licensed by the department. (b) The Oregon Health Authority for adult foster homes licensed by the authority. (4) "Provider" means any person operating an adult foster home and includes a resident manager. "Provider" does not include the owner or lessor of the building in which the adult foster home is located or the owner or lessor of the land on which the adult foster home is situated unless the owner or lessor is also the operator of the adult foster home. (5) "Residential care" means the provision of room and board and services that assist the resident in activities of daily living, such as assistance with bathing, dressing, grooming, eating, medication management, money management or recreation. (6) "Substitute caregiver" means any person who provides care and services in an adult foster home under the jurisdiction of the licensing agency in the absence of the provider or resident manager. [1983 c.629 1; 1985 c.663 1; 1987 c.430 1; 1991 c.960 1; 1995 c.180 1; 1995 c.667 8; 2001 c.900 187; 2009 c.595 791; 2021 c.338 8]
For purposes of ORS 443.705 to 443.825, "adult foster home" does not include: (1) Any house, institution, hotel, or other similar place that supplies board and room only, or room only, or board only, if no resident thereof requires any element of care. (2) Any specialized living situation for persons with physical disabilities where the licensing agency provides payment for personal care services other than to an adult foster home provider. (3) Any residential facility, as defined in ORS 443.400, licensed and funded by the licensing agency. [1983 c.629 2; 1985 c.663 2; 1989 c.224 103; 1991 c.801 5; 2001 c.900 188; 2007 c.70 250; 2009 c.595 791a]
(1) The Legislative Assembly finds that: (a) Adult foster homes provide needed care and services to thousands of Oregonians who are elderly or have disabilities and who might otherwise be institutionalized; (b) The protection of the health, safety and well-being of the residents of adult foster homes is an important function of the licensing agency; and (c) Consistent interpretation, application and enforcement of regulatory standards is necessary and desirable for the protection of adult foster home residents. (2) It is legislative intent that: (a) The licensing agency provide training and guidelines for employees assigned to licensing and enforcement to encourage consistency; and (b) The licensing agency take vigorous action to ensure that inspections and investigations are carried out as required by law. [1995 c.667 7; 2007 c.70 251; 2009 c.595 791b]
(1) Every provider of adult foster care must be licensed with the licensing agency before opening or operating an adult foster home caring for adult residents. (2) Except as provided in subsection (4) of this section, a provider must live in the home that is to be licensed or hire a resident manager to live in the home. (3) Except as provided in subsection (4) of this section, there must be a provider or substitute caregiver on duty 24 hours per day in an adult foster home under the jurisdiction of the licensing agency. (4) The licensing agency shall adopt rules establishing standards for granting exceptions to the requirements of subsections (2) and (3) of this section. The standards must be designed to safeguard residents health and safety and residents uninterrupted receipt of services. [1983 c.629 3; 1985 c.663 3; 1991 c.960 4; 1995 c.667 9; 2007 c.21 1; 2009 c.595 791c]
(1) The provider shall furnish the names, addresses and telephone numbers of the substitute caregivers employed or used by the provider to the licensing agency upon the request of the agency. (2) The licensing agency shall require the provider to furnish information describing the planned operation of the adult foster home, including the use of substitute caregivers and other staff, as part of the license application. (3) The provider shall not allow a substitute caregiver or other caregiver to provide care to a resident unless the following standards are met and documented: (a) The licensing agency has completed a criminal records check in accordance with ORS 443.004. The licensing agency shall adopt rules to provide for the expedited completion of a criminal records check for the State of Oregon when requested by a licensed provider because of an immediate staffing need. (b) The substitute caregiver has successfully completed the training required by the licensing agency. (c) The caregiver is able to understand and communicate in oral and written English. (d) The provider has oriented the caregiver to the residents in the adult foster home, their care needs and the physical characteristics of the home. (e) The provider has trained the caregiver to meet the routine and emergency needs of the residents. (4) The licensing agency shall establish educational requirements for substitute caregivers and other caregivers designed to impart the practical knowledge and skills necessary to maintain the health, safety and welfare of residents. The training shall include a test established by the licensing agency to be completed by the caregiver. The test shall be completed by the caregiver without the help of any other person. [1995 c.667 18; 2009 c.595 791d; 2009 c.837 30] Note: 443.730 and 443.740 were added to and made a part of 443.705 to 443.825 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) As used in this section, "adult foster care home provider" means a person who operates an adult foster home in the providers home and who receives fees or payments from state funds for providing adult foster care home services. "Adult foster care home provider" does not include a person: (a) Who is a resident manager of an adult foster home who does not provide adult foster care home services in the resident managers own home or who does not have a controlling interest in, or is not an officer or partner in, the entity that is the provider of adult foster care home services; (b) Who is not a natural person; or (c) Whose participation in collective bargaining is determined by the licensing agency to be inconsistent with this section or in violation of state or federal law. (2) For purposes of collective bargaining under ORS 243.650 to 243.809, the State of Oregon is the public employer of record of adult foster care home providers. (3) Notwithstanding ORS 243.650 (19), adult foster care home providers are considered to be public employees governed by ORS 243.650 to 243.809. Adult foster care home providers have the right to form, join and participate in the activities of labor organizations of their own choosing for the purposes of representation and collective bargaining on matters concerning labor relations. Mandatory subjects of collective bargaining include but are not limited to provider base rates and add-on payments. These rights shall be exercised in accordance with the rights granted to public employees, with mediation and interest arbitration under ORS 243.742 as the method of concluding the collective bargaining process. Adult foster care home providers may not strike. (4) Notwithstanding subsections (2) and (3) of this section, adult foster care home providers are not for any other purpose employees of the State of Oregon or any other public body. (5)(a) The Oregon Department of Administrative Services shall represent the State of Oregon in collective bargaining negotiations with the certified or recognized exclusive representative of an appropriate bargaining unit of adult foster care home providers. The Oregon Department of Administrative Services is authorized to agree to terms and conditions of collective bargaining agreements on behalf of the State of Oregon. (b) The department shall report to the legislative review agency, as defined in ORS 291.371, on any new or changed provisions relating to compensation in a collective bargaining agreement negotiated under this section. (6) Notwithstanding ORS 243.650 (1), an appropriate bargaining unit for adult foster care home providers is any bargaining unit recognized by the Governor in an executive order issued prior to January 1, 2008. (7) This section does not modify any right of an adult receiving foster care. [2007 c.834 2; 2009 c.595 791e; 2009 c.869 1; 2013 c.722 32a; 2020 s.s.2 c.10 8] Note: 443.733 was added to and made a part of 443.705 to 443.825 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Consistent with the requirements of ORS 443.705 to 443.825: (1) The Department of Human Services shall adopt: (a) Rules for the licensing of adult foster homes that provide residential care to older adults; (b) Rules for the licensing of adult foster homes that provide residential care to individuals with physical disabilities; and (c) Rules for the licensing of adult foster homes that provide residential care to individuals with intellectual or developmental disabilities. (2) The Oregon Health Authority shall adopt rules for the licensing of adult foster homes that provide residential care to individuals with mental illness. [2019 c.455 2] Note: 443.734 was added to and made a part of 443.705 to 443.825 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1)(a) Applications for a license to maintain and operate an adult foster home shall be made on forms provided by the licensing agency. (b) Each application submitted to the Department of Human Services for an adult foster home serving individuals with intellectual or developmental disabilities shall be accompanied by a fee of $50 per bed requested for licensing. (c) Each application submitted to the Oregon Health Authority, or to the Department of Human Services for an adult foster home not serving individuals with intellectual or developmental disabilities, shall be accompanied by a fee of $20 per bed requested for licensing. (2) Upon receipt of an application and fee, the licensing agency shall conduct an investigation. (3) The licensing agency shall not issue an initial license unless: (a) The applicant and adult foster home are in compliance with ORS 443.002 and 443.705 to 443.825 and the rules of the licensing agency; (b) The licensing agency has completed an inspection of the adult foster home; (c) The licensing agency has completed a criminal records check under ORS 181A.195 on the applicant and any person, other than a resident, 16 years of age or older who will be residing in the adult foster home. The criminal records check shall be conducted in accordance with rules adopted under ORS 181A.195; (d) The licensing agency has determined that the registry maintained under ORS 441.678 contains no finding that the applicant or any nursing assistant employed by the applicant has been responsible for abuse; and (e) The applicant has demonstrated to the licensing agency the financial ability and resources necessary to operate the adult foster home. The licensing agency shall adopt rules as the agency deems appropriate that establish the financial standards an applicant must meet to qualify for issuance of a license and that protect financial information from public disclosure. The demonstration of financial ability under this paragraph shall include, but need not be limited to, providing the licensing agency with a list of any unsatisfied judgments, pending litigation and unpaid taxes and notifying the agency regarding whether the applicant is in bankruptcy. If the applicant is unable to demonstrate the financial ability and resources required by this paragraph, the licensing agency may require the applicant to furnish a financial guarantee as a condition of initial licensure. (4) The licensing agency may not renew a license under this section unless: (a) The applicant and the adult foster home are in compliance with ORS 443.002, 443.012 and 443.705 to 443.825 and the rules of the licensing agency; (b) The licensing agency has completed an inspection of the adult foster home; (c) The licensing agency has completed a criminal records check under ORS 181A.195 on the applicant and any person, other than a resident, 16 years of age or older who will be residing in the adult foster home. The criminal records check under this paragraph shall be conducted in accordance with rules adopted under ORS 181A.195; and (d) The licensing agency has determined that the registry maintained under ORS 441.678 contains no finding that the applicant or any nursing assistant employed by the applicant has been responsible for abuse. (5)(a) In seeking an initial license and renewal of a license when an adult foster home has been licensed for less than 24 months, the burden of proof shall be upon the provider and the adult foster home to establish compliance with ORS 443.705 to 443.825 and the rules of the licensing agency. (b) In proceedings for renewal of a license when an adult foster home has been licensed for at least 24 continuous months, the burden of proof shall be upon the licensing agency to establish noncompliance with ORS 443.705 to 443.825 and the rules of the agency. (6)(a) Persons who have been convicted of one or more crimes that, as determined by rules of the licensing agency, are substantially related to the qualifications, functions or duties of a provider, substitute caregiver or other household member of an adult foster home shall be prohibited from operating, working in or residing in an adult foster home. (b) The licensing agency shall adopt rules that distinguish the criminal convictions and types of abuse that permanently prohibit a person from operating, working in or living in an adult foster home from the convictions and types of abuse that do not permanently prohibit the person from operating, working in or living in an adult foster home. (c) A provider may not hire, retain in employment or allow to live in an adult foster home, other than as a resident, any person who the provider knows has been convicted of a disqualifying crime or has been found responsible for a disqualifying type of abuse. (7) A license under ORS 443.725 is effective for one year from the date of issue unless sooner revoked. Each license shall state the name of the resident manager of the adult foster home, the names of all providers who own the adult foster home, the address of the premises to which the license applies, the maximum number of residents and the classification of the adult foster home. If, during the period covered by the license, a resident manager changes, the provider must within 15 days request modification of the license. The request must be accompanied by a fee of $10. (8) No license under ORS 443.725 is transferable or applicable to any location, persons operating the adult foster home or the person owning the adult foster home other than that indicated on the application for licensing. (9) The licensing agency shall not issue a license to operate an additional adult foster home to a provider unless the provider has demonstrated the qualifications and capacity to operate the providers existing licensed adult foster homes and has demonstrated the ability to provide to the residents of those adult foster homes care that is adequate and substantially free from abuse and neglect. (10)(a) All moneys collected under ORS 443.725 to 443.780 from adult foster homes that are licensed to serve persons with mental, emotional or behavioral disturbances or alcohol or drug dependence shall be deposited in a special account in the General Fund, and are appropriated continuously for payment of expenses incurred by the Oregon Health Authority. (b) All moneys collected under ORS 443.725 to 443.780 from adult foster homes licensed to serve persons who are elderly, have physical disabilities or have developmental disabilities shall be deposited in the Quality Care Fund established in ORS 443.001. (11) Notwithstanding any other provision of this section or ORS 443.725 or 443.738, the licensing agency may issue a 60-day provisional license to a qualified person if the agency determines that an emergency situation exists after being notified that the licensed provider of an adult foster home is no longer overseeing operation of the adult foster home. [1983 c.629 4; 1985 c.663 4; 1991 c.960 5; 1995 c.180 2; 1995 c.667 10; 1999 c.205 1; 2001 c.900 189; 2005 c.730 24; 2009 c.418 4; 2009 c.595 791f; 2009 c.828 20,89a; 2017 c.707 6; 2019 c.592 7]
(1) Except as provided in subsection (3) of this section, all providers, resident managers and substitute caregivers for adult foster homes shall satisfactorily meet all educational requirements established by the licensing agency. After consultation with representatives of providers, educators, residents advocates and the Long Term Care Ombudsman or the Residential Facilities Ombudsman, the licensing agency shall adopt by rule standards governing the educational requirements. The rules shall require that a person may not provide care to any resident prior to acquiring education or supervised training designed to impart the basic knowledge and skills necessary to maintain the health, safety and welfare of the resident. Each provider shall document compliance with the educational requirements for persons subject to the requirements. (2) The rules required under subsection (1) of this section shall include but need not be limited to the following: (a) A requirement that, before being licensed, a provider successfully completes training that satisfies a defined curriculum, including demonstrations and practice in physical caregiving, screening for care and service needs, appropriate behavior toward residents with physical, cognitive and mental disabilities and issues related to architectural accessibility; (b) A requirement that a provider pass a test before being licensed or becoming a resident manager. The test shall evaluate the ability to understand and respond appropriately to emergency situations, changes in medical conditions, physicians orders and professional instructions, nutritional needs, residents preferences and conflicts; and (c) A requirement that, after being licensed, a provider or resident manager successfully completes continuing education as described in ORS 443.742. (3) After consultation with representatives of providers, educators, residents advocates and the Long Term Care Ombudsman or the Residential Facilities Ombudsman, the licensing agency may adopt by rule exceptions to the training requirements of subsections (1) and (2) of this section for persons who are appropriately licensed medical care professionals in Oregon or who possess sufficient education, training or experience to warrant an exception. The licensing agency may not make any exceptions to the testing requirements. (4) The licensing agency may permit a person who has not completed the training or passed the test required in subsection (2)(a) and (b) of this section to act as a resident manager until the training and testing are completed or for 60 days, whichever is shorter, if the licensing agency determines that an unexpected and urgent staffing need exists. The licensed provider must notify the licensing agency of the situation and demonstrate that the provider is unable to find a qualified resident manager, that the person has met the requirements for a substitute caregiver for the adult foster home and that the provider will provide adequate supervision. (5) Providers shall serve three nutritionally balanced meals to residents each day. A menu for the meals for the coming week shall be prepared and posted weekly. (6) Providers shall make available at least six hours of activities each week which are of interest to the residents, not including television or movies. The licensing agency shall make information about resources for activities available to providers upon request. Providers or substitute caregivers shall be directly involved with residents on a daily basis. (7) Providers shall give at least 30 days written notice to the residents, and to the legal representative, guardian or conservator of any resident, before selling, leasing or transferring the adult foster home business or the real property on which the adult foster home is located. Providers shall inform real estate licensees, prospective buyers, lessees and transferees in all written communications that the license to operate an adult foster home is not transferable and shall refer them to the licensing agency for information about licensing. (8) If a resident dies or leaves an adult foster home for medical reasons and indicates in writing the intent to not return, the provider may not charge the resident for more than 15 days or the time specified in the provider contract, whichever is less, after the resident has left the adult foster home. The provider has an affirmative duty to take reasonable actions to mitigate the damages by accepting a new resident. However, if a resident dies or leaves an adult foster home due to neglect or abuse by the provider or due to conditions of imminent danger to life, health or safety, the provider may not charge the resident beyond the residents last day in the home. The provider shall refund any advance payments within 30 days after the resident dies or leaves the adult foster home. (9) Chemical and physical restraints may be used only after considering all other alternatives and only when required to treat a residents medical symptoms or to maximize a residents physical functioning. Restraints may not be used for discipline of a resident or for the convenience of the adult foster home. Restraints may be used only as follows: (a) Psychoactive medications may be used only pursuant to a prescription that specifies the circumstances, dosage and duration of use. (b) Physical restraints may be used only pursuant to a qualified practitioners order that specifies the type, circumstances and duration of use in accordance with rules adopted by the licensing agency. The rules adopted by the licensing agency relating to physical restraints shall include standards for use and training. (10) If the physical characteristics of the adult foster home do not encourage contact between caregivers and residents and among residents, the provider shall demonstrate how regular positive contact will occur. Providers may not place residents who are unable to walk without assistance in a basement, split-level, second story or other area that does not have an exit at ground level. Nonambulatory residents shall be given first floor rooms. (11)(a) The provider may not transfer or discharge a resident from an adult foster home unless the transfer or discharge is necessary for medical reasons, for the welfare of the resident or for the welfare of other residents, or due to nonpayment. In such cases, the provider shall give the resident written notice as soon as possible under the circumstances. (b) The provider shall give the resident and the residents legal representative, guardian or conservator written notice at least 30 days prior to the proposed transfer or discharge, except in a medical emergency including but not limited to a residents experiencing an increase in level of care needs or engaging in behavior that poses an imminent danger to self or others. In such cases, the provider shall give the resident written notice as soon as possible under the circumstances. (c) The resident has the right to an administrative hearing prior to an involuntary transfer or discharge. If the resident is being transferred or discharged for a medical emergency, or to protect the welfare of the resident or other residents, as defined by rule, the hearing must be held within seven days of the transfer or discharge. The provider shall hold a space available for the resident pending receipt of an administrative order. ORS 441.605 (4) and the rules thereunder governing transfer notices and hearings for residents of long term care facilities shall apply to adult foster homes. (12) The provider may not include any illegal or unenforceable provision in a contract with a resident and may not ask or require a resident to waive any of the residents rights. (13) Any lessor of a building in which an adult foster home is located may not interfere with the admission, discharge or transfer of any resident in the adult foster home unless the lessor is a provider or coprovider on the license. [1991 c.960 3; 1995 c.180 3; 1995 c.667 11; 2001 c.300 70; 2003 c.14 260; 2005 c.226 1; 2009 c.595 791g; 2017 c.441 27]
Residents of adult foster homes have the following rights. Providers shall guarantee these rights and help residents exercise them. The provider shall post a copy of the Residents Bill of Rights in the entry or other equally prominent place in the adult foster home. The Residents Bill of Rights states that each resident of an adult foster home has the right to: (1) Be treated as an adult, with respect and dignity. (2) Be informed of all resident rights and all house rules. (3) Be encouraged and assisted to exercise legal rights, including the right to vote. (4) Be informed of the residents medical condition and the right to consent to or refuse treatment. (5) Receive appropriate care and services, and prompt medical care as needed. (6) A safe and secure environment. (7) Be free from mental and physical abuse. (8) Be free from chemical or physical restraints except as ordered by a physician or other qualified practitioner. (9) Complete privacy when receiving treatment or personal care. (10) Associate and communicate privately with any person the resident chooses. (11) Send and receive personal mail unopened. (12) Participate in activities of social, religious and community groups. (13) Have medical and personal information kept confidential. (14) Keep and use a reasonable amount of personal clothing and belongings, and to have a reasonable amount of private, secure storage space. (15) Manage the residents own money and financial affairs unless legally restricted. (16) Be free from financial exploitation. The provider may not charge or ask for application fees or nonrefundable deposits and may not solicit, accept or receive money or property from a resident other than the amount agreed to for services. (17) A written agreement regarding the services to be provided and the rate schedule to be charged. The provider must give 30 days written notice before any change in the rates or the ownership of the home. (18) Not to be transferred or moved out of the adult foster home without 30 days advance written notice and an opportunity for a hearing. A provider may transfer or discharge a resident only for medical reasons including a medical emergency described in ORS 443.738 (11)(b), or for the welfare of the resident or other residents, or for nonpayment. (19) Be free of discrimination in regard to race, color, religion, sex, sexual orientation, gender identity or national origin. (20) Make suggestions and complaints without fear of retaliation. [1991 c.960 11; 1995 c.667 12; 2003 c.14 261; 2007 c.100 27; 2021 c.367 26]
(1) The licensing agency shall maintain current information on all licensed adult foster homes and shall make that information available, with the exception of information exempt from public disclosure under ORS 192.345, to prospective residents and other interested members of the public at local offices or area agencies on aging licensing offices throughout the state. (2) The information shall include: (a) The location of the adult foster home; (b) A brief description of the physical characteristics of the home; (c) The name and mailing address of the provider; (d) The license classification of the home and the date the provider was first licensed to operate that home; (e) The date of the last inspection, the name and telephone number of the office that performed the inspection and a summary of the findings; (f) Copies of all complaint investigations involving the home, together with the findings of the licensing agency, the actions taken by the agency and the outcome of the complaint investigation; (g) An explanation of the terms used in the investigation report; (h) Any license conditions, suspensions, denials, revocations, civil penalties, exceptions or other actions taken by the licensing agency involving the home; and (i) Whether care is provided primarily by the licensed provider, a resident manager or other arrangement. (3) Any list of adult foster homes maintained or distributed by the licensing agency or a local licensing office shall include notification to the reader of the availability of public records concerning the homes. [1995 c.667 17; 1997 c.741 1; 2001 c.447 3; 2003 c.14 262; 2009 c.595 791h; 2021 c.318 3] Note: See note under 443.730.
(1) The licensing agency shall require all providers and resident managers to complete annually 12 hours of continuing education approved by the agency, related to: (a) Care of the elderly and persons with disabilities; and (b) Business operations of adult foster homes. (2) Providers and resident managers may not fulfill the continuing education requirements described in subsection (1) of this section with more than four hours of continuing education related to the business operations of adult foster homes. (3) The licensing agency may, by rule, establish continuing education requirements for caregivers who are not providers. [2005 c.226 3; 2009 c.595 791i] Note: 443.742 was added to and made a part of 443.705 to 443.825 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) As used in this section, "caregiver" means an individual who is responsible for providing care and services to residents of an adult foster home, including but not limited to a caregiver and a substitute caregiver. (2) In addition to any other training required by law, all caregivers in an adult foster home licensed to serve older adults and persons with physical disabilities by the Department of Human Services shall, prior to providing direct care to residents of the adult foster home, complete training in dementia care that includes: (a) Education on the dementia disease process, including the progression of the disease, memory loss, psychiatric and behavioral symptoms; (b) Techniques for understanding and managing behavioral symptoms, including but not limited to reducing the use of antipsychotic medications for nonstandard uses; (c) Strategies for addressing the social needs of persons with dementia and providing them with meaningful activities; and (d) Information on addressing specific aspects of dementia care and ensuring the safety of residents with dementia, including but not limited to how to: (A) Address pain; (B) Provide food and fluids; (C) Prevent wandering and elopement; and (D) Use a person-centered approach. (3) All training related to dementia care provided to caregivers in an adult foster home licensed by the department must reflect current standards for dementia care and be informed by the best evidence in the care and treatment of persons with dementia. [2017 c.679 30] Note: 443.743 was added to and made a part of 443.705 to 443.825 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) A license may be denied, suspended, revoked or have conditions attached upon a finding by the licensing agency of any of the following: (a) There exists a threat to the health, safety or welfare of any resident. (b) There is reliable evidence of abuse, neglect or exploitation of any resident. (c) The facility is not operated in compliance with ORS 443.705 to 443.825 or the rules adopted thereunder. (d) Such other circumstances as may be established by the licensing agency by rule. (2) Conditions attached to a license shall be effective upon order of the director of the licensing agency. (3) Suspension or revocation of a license authorized by this section for any reason other than abuse, neglect or exploitation of the resident shall be preceded by a hearing under ORS chapter 183 if requested by the provider. (4) If the license is suspended or revoked for the reason of abuse, neglect or exploitation of a resident, the provider may request a review in writing within 10 days after notice of the suspension or revocation. If a request is made, the director shall review all material relating to the allegation of abuse, neglect or exploitation and to the suspension or revocation within 10 days of the request. The director shall determine, based on review of the material, whether or not to sustain the decision to suspend or revoke. If the director determines not to sustain the decision, the license shall be restored immediately. The decision of the director is subject to judicial review as a contested case under ORS chapter 183. (5) In the event the license to maintain an adult foster home is ordered suspended or revoked, the licensing agency may withhold service payments until the defective situation is corrected. For protection of residents, the licensing agency may arrange for them to move. (6) A provider whose license has been revoked or whose application has been denied shall not be permitted to make a new application for one year from the date the revocation or denial is final, or for a longer period specified in the order revoking or denying the license. (7) The licensing agency shall deny the application or revoke the license of any person who falsely represents that the person has not been convicted of a crime. [1983 c.629 5; 1985 c.663 5; 1987 c.431 1; 1995 c.667 13; 2009 c.595 791j]
(1) The licensing agency staff shall be permitted access to enter and inspect all licensed adult foster homes. The licensing agency shall be permitted access to enter and inspect any unlicensed adult foster home upon the receipt of an oral or written complaint, or in case the agency itself has cause to believe that an adult foster home is operating without a license or there exists a threat to the health, safety or welfare of any resident. The licensing agency staff shall be permitted access to the residents of adult foster homes in order to interview residents privately and to inspect residents records. (2) The state or local fire inspectors shall be permitted access to enter and inspect adult foster homes regarding fire safety upon request of the licensing agency. (3)(a) The licensing agency shall provide to each licensed adult foster home in the state in writing in clear concise language readily comprehensible by the average person a copy of the inspection report of the most recent inspection of that home conducted by the agency. (b) The provider shall post the inspection report in the entry or equally prominent place and shall, upon request, provide a copy of the information to each resident of, or person applying for admission to, the home, or the legal representative, guardian or conservator of the resident or applicant. [1983 c.629 6; 1985 c.663 6; 1991 c.960 6; 2009 c.595 791k]
(1) Adult foster homes that are certified as residential homes as defined in ORS 197.660 must meet all state and local building, sanitation, utility and fire code requirements applicable to single family dwellings. However, by rule, the licensing agency may adopt more stringent standards upon a finding that there is a significant health or safety threat to residents that necessitates a standard not imposed on other single family dwellings. (2) In adopting more stringent standards, the licensing agency shall consult with the Department of Consumer and Business Services and the Department of the State Fire Marshal to ensure that the provider has the ability to evacuate all residents from an adult foster home within: (a) Three minutes; or (b) A period that meets applicable fire, life and safety requirements if the adult foster home has an interior sprinkler system approved by the appropriate regulatory authorities. (3) If a licensed provider rents or leases the premises where the adult foster home is located, the lessor shall charge a flat rate for the lease or rental. [1993 c.146 1; 1995 c.180 4; 2009 c.595 791L; 2017 c.679 32; 2021 c.539 111] Note: The name of the office of the State Fire Marshal is being changed to the Department of the State Fire Marshal. The name change becomes operative on July 1, 2023. See sections 89 and 155a, chapter 539, Oregon Laws 2021. Between July 1, 2022, and July 1, 2023, references to the Department of the State Fire Marshal shall be construed to mean the office of the State Fire Marshal in the Department of State Police. See section 155c, chapter 539, Oregon Laws 2021. Note: The amendments to 443.760 by section 111, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the users convenience. (1) Adult foster homes that are certified as residential homes as defined in ORS 197.660 must meet all state and local building, sanitation, utility and fire code requirements applicable to single family dwellings. However, by rule, the licensing agency may adopt more stringent standards upon a finding that there is a significant health or safety threat to residents that necessitates a standard not imposed on other single family dwellings. (2) In adopting more stringent standards, the licensing agency shall consult with the Department of Consumer and Business Services and the office of the State Fire Marshal to ensure that the provider has the ability to evacuate all residents from an adult foster home within: (a) Three minutes; or (b) A period that meets applicable fire, life and safety requirements if the adult foster home has an interior sprinkler system approved by the appropriate regulatory authorities. (3) If a licensed provider rents or leases the premises where the adult foster home is located, the lessor shall charge a flat rate for the lease or rental.
(1) As used in this section, "adult foster home" means an adult foster home that is licensed to provide residential care to older adults or people with physical disabilities. (2) Upon the admission of a resident to an adult foster home, the adult foster home shall provide the resident with information developed by the Long Term Care Ombudsman describing the availability and services of the ombudsman. [2019 c.117 6] Note: 443.762 was added to and made a part of 443.705 to 443.825 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) Complaints against adult foster homes may be filed with the licensing agency by any person, whether or not a resident of the home. The licensing agency shall investigate complaints regarding adult foster homes and shall adopt by rule standards governing investigations pursuant to this section. (2) The licensing agency shall prepare a notice which must be posted in a conspicuous place in each adult foster home stating the telephone number of the agency and the procedure for making complaints. (3) The licensing agency shall maintain a file of all complaints and the action taken on the complaint, indexed by the name of the owner or operator. When the licensing agency concludes the investigation of a complaint, the agency shall clearly designate the outcome of the complaint investigation in the complaint file. The filed complaint forms shall protect the privacy of the complainant, the resident and the witnesses. (4) Any person has a right to inspect and photocopy the complaint files maintained by the licensing agency. (5)(a) The owner or operator of an adult foster home may not prohibit, discourage or use intimidation against any person to prevent the filing of a complaint with the licensing agency. (b) If a resident, or a person acting on the residents behalf, files a complaint with the licensing agency, the owner or operator of an adult foster home may not retaliate against the resident by: (A) Increasing charges; (B) Decreasing services, rights or privileges; (C) Threatening to increase charges or decrease services, rights or privileges; (D) Taking or threatening to take any action to coerce or compel the resident to leave the facility; or (E) Abusing or threatening to harass or abuse a resident in any manner. (c) The owner or operator of an adult foster home may not retaliate against any person who files a complaint or any witness or employee of a facility interviewed about the complaint, including but not limited to retaliation by restriction of otherwise lawful access to the adult foster home or to any resident thereof, or, if an employee, to dismissal or harassment. (6) The provider shall give all residents, upon admission, a notice of the monthly rates and the house rules. (7) Anyone participating in good faith in the filing of a complaint pursuant to this section is immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the filing or substance of the complaint. Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting from the complaint. A person does not act in good faith for the purposes of this subsection if the substance of the complaint is false and: (a) The person knows that the substance of the complaint is false; or (b) The person makes the complaint with the intent to harm the owner or operator of the adult foster home, or the adult foster home, and the person shows a reckless disregard for the truth or falsity of the substance of the complaint. [1983 c.629 7; 1985 c.651 3; 1991 c.960 7; 2001 c.447 1; 2009 c.595 791m]
(1) An adult foster home may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a resident in the adult foster home, violations of licensing or certification requirements, criminal activity at the adult foster home, violations of state or federal laws or any practice that threatens the health and safety of a resident in the adult foster home to: (a) The Long Term Care Ombudsman, the Residential Facilities Ombudsman, the Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the adult foster home; or (b) A family member, guardian, friend or other person who is acting on behalf of the resident. (2) An adult foster home interferes with the disclosure of the information described in subsection (1) of this section by: (a) Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information; (b) Training an employee or volunteer not to disclose the information; or (c) Taking actions or communicating to the employee or volunteer that the employee or volunteer may not disclose the information. (3) The licensing agency may revoke or suspend the license of an adult foster home that is found to have violated subsection (1) of this section. (4) The licensing agency shall adopt rules to carry out the provisions of this section. (5) This section does not authorize the disclosure of protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information. [2019 c.381 6] Note: 443.766 was added to and made a part of 443.705 to 443.825 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) When the licensing agency receives a complaint that alleges that a resident of a licensed adult foster home has been injured, abused or neglected, and that the residents health or safety is in imminent danger, or that the resident has died or been hospitalized, the investigation shall begin immediately after the complaint is received. If the investigator determines that the complaint is substantiated, the licensing agency shall take appropriate corrective action immediately. (2) When the licensing agency receives a complaint that alleges the existence of any circumstance that could result in injury, abuse or neglect of a resident of a licensed adult foster home, and that the circumstance could place the residents health or safety in imminent danger, the agency shall investigate the complaint promptly. If the investigator determines that the complaint is substantiated, the agency shall take appropriate corrective action promptly. (3) After public hearing, the licensing agency shall by rule set standards for the procedure, content and time limits for the initiation and completion of investigations of complaints. The time limits shall be as short as possible and shall vary in accordance with the severity of the circumstances alleged in the complaint. In no event shall the investigation exceed a duration of 60 days, unless there is an ongoing concurrent criminal investigation, in which case the licensing agency may take a reasonable amount of additional time in which to complete the investigation. (4) The licensing agency shall take no longer than 60 days from the completion of the investigation report to take appropriate corrective action in the case of any complaint that the investigator determines to be substantiated. (5)(a) The licensing agency shall mail a copy of the investigation report within seven days of the completion of the report to: (A) The complainant, unless the complainant requests anonymity; (B) The resident, and any person designated by the resident to receive information concerning the resident; (C) The facility; and (D) The Office of the Long Term Care Ombudsman. (b) The copy of the report shall be accompanied by a notice that informs the recipient of the right to submit additional evidence. (6)(a) The complaint and the investigation report shall be available to the public at the local office of the licensing agency or the type B area agency, if appropriate. When the licensing agency or type B area agency concludes the investigation of a complaint, the licensing agency or type B area agency shall clearly designate the outcome of the complaint investigation and make the designation available to the public together with the complaint and the investigation report. (b) As used in this subsection, "area agency" has the meaning given that term in ORS 410.040. (7) A copy of the report shall be forwarded to the licensing agency whether or not the investigation report concludes that the complaint is substantiated. [1991 c.960 8; 2001 c.447 2; 2001 c.900 190; 2009 c.595 791n; 2017 c.441 28]
(1) When the Department of Human Services or a type B area agency on aging discloses a file, form or report to the public pursuant to ORS 443.740, 443.765 or 443.767, the department or agency may not disclose information about residents that is protected from disclosure by state or federal law or information that is described in subsection (2) of this section unless the resident has provided a written authorization for disclosure of the information. (2) This section applies to: (a) The name of a resident and to demographic or other information that can be used to identify a resident. (b) Any health information that relates to: (A) The past, present or future physical or mental health or condition of a resident; (B) The provision of health care to a resident; or (C) The past, present or future payment for the provision of health care to a resident. (3) As used in this section, "resident" means an individual receiving care in an adult foster home. [2009 c.44 1] Note: 443.769 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.
(1) The licensing agency shall adopt rules governing adult foster homes and the level of care provided in such homes, including the provision of care to more than one person with nursing care needs under specified conditions and agency approval, such as are necessary to protect the health, safety or welfare of the residents and to provide for an appropriate continuum of care, but shall not be inconsistent with the residential nature of the living accommodations and the family atmosphere of the home. The rules shall be consistent with rules adopted by the Oregon State Board of Nursing under ORS 678.150 (8). (a) An exception to the limit of one resident with nursing care needs may be granted if the provider proves to the licensing agency by clear and convincing evidence that such an exception will not jeopardize the care, health, safety or welfare of the residents and that the provider is capable of meeting the additional care needs of the new resident. (b) The licensing agency, and the counties acting under the exemption granted pursuant to ORS 443.780, shall report on a quarterly basis to the Legislative Assembly on the number of exceptions granted during the quarter pursuant to paragraph (a) of this subsection. (2) The provider may not employ a resident manager who does not meet the classification standard for the adult foster home. (3) The provider shall be able to meet the night care needs of a resident before admitting the resident. The provider shall include night care needs in the residents care plan. (4) The provider shall screen a prospective resident before admitting the resident. The screening shall include but is not limited to diagnosis, medications, personal care needs, nursing care needs, night care needs, nutritional needs, activities and lifestyle preferences. A copy of the screening shall be given to the prospective resident or the prospective residents representative. (5) The licensing agency shall make rules to ensure that any employee who makes a complaint pursuant to ORS 443.755 shall be protected from retaliation. (6) For adult foster homes in which clients reside for whom the licensing agency pays for care, including homes in which the provider and the resident are related, the agency may require substantial compliance with its rules relating to standards for care of the client as a condition for paying for care. (7) By order the director of the licensing agency may delegate authority under this section to personnel other than of the licensing agency. (8) The licensing agency may commence a suit in equity to enjoin maintenance of an adult foster home if: (a) The home is operated without a valid license under this section; or (b) After the license to maintain the home is ordered suspended or revoked, a reasonable time for placement of residents in other facilities has been allowed but such placement has not been accomplished. (9) The licensing agency shall establish by rule the maximum capacity of adult foster homes, including all nonrelated and related persons receiving residential care and day care. (10) Except as provided in subsection (11) of this section: (a) The Department of Human Services may impose a civil penalty on any person who violates a provision of ORS 443.705 to 443.825, or the rules adopted under ORS 443.705 to 443.825, with regard to an adult foster home serving socially dependent individuals or individuals with physical disabilities. The department shall establish the amount of the penalty by rule, in an amount not less than $100 and not more than $250 per violation, or in the case of substantiated abuse, not less than $100 and not more than $1,000 per violation. (b) The department may impose a civil penalty on any person who violates a provision of ORS 443.705 to 443.825, or the rules adopted under ORS 443.705 to 443.825, with regard to an adult foster home not serving socially dependent individuals or individuals with physical disabilities. The department shall establish the amount of the penalty by rule, in an amount not to exceed $100 per violation, to a maximum of $250, or, per occurrence of substantiated abuse, to a maximum of $1,000. (c) The Oregon Health Authority may impose a civil penalty on any person who violates a provision of ORS 443.705 to 443.825, or the rules adopted under ORS 443.705 to 443.825. The authority shall establish the amount of the penalty by rule, in an amount not to exceed $100 per violation, to a maximum of $250, or, per occurrence of substantiated abuse, to a maximum of $1,000. (11)(a) If the licensing agency determines that there is reasonable cause to believe that abuse occurred in an adult foster home licensed by the licensing agency and if the abuse resulted in the death, serious injury, rape, sexual abuse or sexual exploitation of a resident, the licensing agency shall impose a civil penalty on the adult foster home of not less than $2,500 for each violation. (b) This subsection does not apply to adult foster homes licensed by the licensing agency to serve only persons with mental illness or with alcohol or drug addiction. (c) The licensing agency shall by rule define "serious injury," "rape," "sexual abuse" and "sexual exploitation" for purposes of this subsection. (12) All penalties recovered pursuant to this section shall be deposited in the Quality Care Fund established in ORS 443.001. [1983 c.629 8; 1985 c.663 7; 1987 c.369 2; 1987 c.430 2; 1987 c.431 2; 1991 c.960 9; 1995 c.667 14; 2001 c.900 191; 2009 c.535 34; 2009 c.595 791o; 2009 c.828 90; 2017 c.679 9]
(1) An adult foster home licensed by the Department of Human Services shall ensure that prescription drugs dispensed to residents of the adult foster home are packaged in a manner that reduces errors in the tracking of and the administration of the drugs, including but not limited to the use of unit dose systems or blister packs. (2) Subsection (1) of this section does not apply to residents receiving pharmacy benefits through the United States Department of Veterans Affairs if the pharmacy benefits do not reimburse the cost of such packaging. [2017 c.679 31] Note: 443.777 was added to and made a part of 443.705 to 443.825 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) The director of the licensing agency may exempt from the license, inspection and fee provisions of ORS 443.705 to 443.825 adult foster homes 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 443.705 to 443.825. (2) ORS 443.775 (5) applies regardless of any exceptions granted to a county agency. [1985 c.663 11; 1995 c.667 19; 2009 c.595 791p]
The licensing agency may not require an adult foster home that elects to provide care for a Medicaid recipient to admit an additional Medicaid resident under a contract with the agency. [1999 c.204 2; 2009 c.595 791q]
(1) In addition to any other liability or penalty provided by law, the director of the licensing agency may impose a civil penalty on a person for any of the following: (a) Violation of any of the terms or conditions of a license issued under ORS 443.735. (b) Violation of any rule or general order of the licensing agency that pertains to a facility. (c) Violation of any final order of the director that pertains specifically to the facility owned or operated by the person incurring the penalty. (d) Violation of ORS 443.745 or of rules required to be adopted under ORS 443.775. (e) Violation of the requirement to have a license under ORS 443.725 (1). (2) The director shall impose a civil penalty not to exceed $500, unless otherwise required by law, on any adult foster home for falsifying resident or facility records or causing another to do so. (3) The director shall impose a civil penalty of $250 on a provider who violates ORS 443.725 (3). (4) The director shall impose a civil penalty of not less than $250 nor more than $500, unless otherwise required by law, on a provider who admits a resident knowing that the residents care needs exceed the license classification of the provider if the admission places the resident or other residents at grave risk of harm. (5)(a) In every case other than those involving the health, safety or welfare of a resident, the director shall prescribe a reasonable time for elimination of a violation but except as provided in paragraph (b) of this subsection shall not prescribe a period to exceed 30 days after notice of the violation. (b) The director may approve a reasonable amount of time in excess of 30 days if correction of the violation within 30 days is determined to be impossible. (6) In imposing a civil penalty, the director shall consider the following factors: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (b) Any prior violations of statutes, rules or orders pertaining to facilities. (c) The economic and financial conditions of the person incurring the penalty. (d) The immediacy and extent to which the violation threatens or threatened the health, safety or welfare of one or more residents. (7) The licensing agency shall adopt rules establishing objective criteria for the imposition and amount of civil penalties under this section. [1987 c.431 4,6; 1991 c.413 6; 1991 c.960 10; 1995 c.667 15; 2009 c.595 791r; 2009 c.837 34; 2011 c.37 1]
(1) Any civil penalty under ORS 443.790 shall be imposed as provided in ORS 183.745. (2) Notwithstanding ORS 183.745, the person to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application for a hearing before the director of the licensing agency. (3) The licensing agency shall conduct the hearing and issue the final order within 180 days after any hearing request. [1987 c.431 5; 1991 c.734 25; 1991 c.960 12; 2003 c.14 263; 2009 c.595 791s]
Judicial review of civil penalties imposed under ORS 443.790 shall be as provided under ORS 183.480, except that the court may, in its discretion, reduce the amount of the penalty. [1987 c.431 8]
All penalties recovered under ORS 443.790 to 443.815 shall be deposited: (1) In the Quality Care Fund established in ORS 443.001 if paid by an adult foster home licensed to provide residential care to persons with physical disabilities. (2) In the Long Term Care Ombudsman Account established in ORS 441.419 if paid by an adult foster home licensed to provide care to persons with mental illness or developmental disabilities. [1987 c.431 9; 2009 c.837 35; 2013 c.717 16]
As used in this section and ORS 443.835: (1) "Child" means a person for whom developmental disability services are planned and provided and who is: (a) Under 18 years of age; or (b) At least 18 years of age but less than 22 years of age and resides in a developmental disability child foster home and whose needs, as determined by the individual support plan team, are best met if services are provided in a developmental disability child foster home. (2) "Department" means the Department of Human Services. (3)(a) "Developmental disability child foster home" means any home maintained by a person who has under the care of the person, in the home, a child found eligible for developmental disability services for the purpose of providing the child with supervision, food and lodging. The child must be unrelated to the person by blood or marriage and be unattended by the childs parent or guardian. (b) "Developmental disability child foster home" does not include: (A) A boarding school that is essentially and primarily engaged in educational work; (B) A home in which a child is provided with room and board by a school district board; or (C) A foster home under the direct supervision of a child-caring agency as that term is defined in ORS 418.205. (4) "Individual support plan team" means a team composed of the child, the childs parent or guardian, the community mental health program representative and representatives of all current service providers that develops a written plan of services covering a 12-month period for a child. [1999 c.316 4; 2001 c.463 1; 2001 c.900 192; 2016 c.106 50] Note: 443.830 and 443.835 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) A person may not operate a developmental disability child foster home without having a certificate issued by the Department of Human Services. (2) A person may apply for a certificate to operate a developmental disability child foster home by submitting an application to the department on a form furnished by the department. (3) Upon receipt of an application under subsection (2) of this section, the department shall cause an investigation to be made of the applicant and the applicants home. The department shall determine whether to issue a certificate to the applicant and, if a certificate is to be issued, whether to issue a conditional certificate or a regular certificate. The certificate shall be in the form prescribed by the department by rule. (4) After notice and an opportunity for hearing as provided in ORS 183.310 to 183.482, the department may deny, refuse to renew or revoke a certificate to operate a developmental disability child foster home. A person whose application for a certificate has been denied, not renewed or revoked may appeal the decision to the Court of Appeals in the manner provided in ORS 183.480 for the review of orders in contested cases. (5) The department may adopt rules to carry out the intent and purposes of this section and ORS 443.830. [1999 c.316 5] Note: See note under 443.830.
As used in ORS 443.850 to 443.869: (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. (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 patients 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) Nurses 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]
(1) A person may not establish, conduct or maintain a hospice program providing hospice services, or hold itself out to the public as a hospice program, without obtaining a license from the Oregon Health Authority. (2) The authority: (a) Shall adopt rules to carry out the provisions of ORS 443.850 to 443.869, including but not limited to rules for licensure that require an in-person site inspection of each licensed hospice program at least once every three years. (b) May accept certification by a federal agency or accreditation by an accrediting organization approved by the authority as evidence of compliance with the requirements for licensure adopted under paragraph (a) of this subsection if: (A) The certification or accreditation meets standards and conditions established for hospice programs by the Centers for Medicare and Medicaid Services; (B) The hospice program invites the authority to participate in any exit interview conducted by the agency or organization; and (C) The hospice program provides the authority with copies of all documentation requested by the authority concerning the certification or accreditation. (3) The fee to obtain or renew a hospice program license is $1,140. (4) The authority shall prescribe by rule the form and manner for application for or renewal of a license. The authority shall issue a license to an applicant that has the necessary qualifications, meets all requirements established by the authority by rule and has paid the fee. (5) A license issued under this section is valid for one year and is not transferable. A license may be renewed by payment of the fee and demonstration of compliance with requirements for renewal established by the authority by rule. [1987 c.398 2,3; 1989 c.697 1; 1993 c.110 3; 1997 c.362 1; 2003 c.14 264; 2007 c.474 2; 2009 c.793 1; 2011 c.720 201; 2017 c.559 2; 2021 c.338 9]
All moneys received by the Oregon Health Authority under ORS 443.860 shall be paid into the State Treasury and deposited to the credit of the Public Health Account established in ORS 431.210. The moneys shall be used by the authority in carrying out its duties under ORS 443.850 to 443.869. [2009 c.793 4; 2011 c.720 202]
The Oregon Health Authority may suspend, revoke or refuse to renew the license of a hospice program for failure to comply with ORS 443.860 or with rules adopted pursuant to ORS 443.860. [2009 c.793 3; 2011 c.720 203]
Notwithstanding ORS 443.305 to 443.350 requiring an in-home care agency to obtain a license to provide services that are necessary to assist an individual in meeting the individuals daily needs but are not curative or rehabilitative, a hospice program licensed under ORS 443.860 is not required to be licensed as an in-home care agency under ORS 443.315 to provide palliative care, as defined by the Oregon Health Authority by rule. [2019 c.238 2]
In addition to any other liability or penalty provided by law, the Director of the Oregon Health Authority may impose a civil penalty of $1,000 per day, up to $10,000 in any 30-day period, for any of the following: (1) Violation of any of the terms or conditions of a license issued under ORS 443.860 to a hospice program. (2) Violation of any rule or general order of the Oregon Health Authority that pertains to a hospice program. (3) Violation of any final order of the director that pertains specifically to a hospice program owned or operated by the person incurring the penalty. (4) Violation of ORS 443.860 or of rules adopted under ORS 443.860. (5) Civil penalties under this section shall be imposed in the manner provided by ORS 183.745. (6) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund and are available for general governmental expenses. [2009 c.793 5; 2011 c.720 204]
(1) If the Department of Human Services or the Oregon Health Authority substantiates an allegation of abuse that occurred in a facility, the department or authority shall immediately notify the facility of its findings. (2) Upon receipt of the notice described in subsection (1) of this section, a facility shall provide written notice of the findings to the individual found to have committed abuse, residents of the facility, the residents case managers and the residents guardians. (3) An application for employment at a facility must inquire whether the applicant has been found to have committed abuse. (4) As used in this section: (a) "Abuse" has the meaning given that term in ORS 430.735. (b) "Facility" means: (A) A residential facility as defined in ORS 443.400; or (B) An adult foster home as defined in ORS 443.705. [2009 c.837 5; 2009 c.828 80; 2010 c.93 14] Note: 443.875 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.
(1) As used in this section: (a) "Elderly person" means a person who is 65 years of age or older; (b) "Person with a disability" has the meaning given that term in ORS 410.040; and (c) "Psychotropic medication" has the meaning given that term in ORS 418.517. (2) The Department of Human Services, in collaboration with the State Board of Pharmacy, the Oregon Medical Board, the Oregon State Board of Nursing and the Long Term Care Ombudsman, shall adopt rules related to the prescription of a psychotropic medication to an elderly person or a person with a disability who resides in: (a) An adult foster home, as defined in ORS 443.705; (b) A residential care facility, as defined in ORS 443.400; or (c) A long term care facility, as defined in ORS 442.015. (3) The requirements of this section do not apply to an elderly person or person with a disability in a hospice program, as defined in ORS 443.850. (4) The rules adopted under subsection (2) of this section must include, but are not limited to, requirements that: (a) If a prescription of psychotropic medication is written by a licensed health care practitioner other than the primary care provider or mental health care provider, or other licensed health care practitioner designated by the department, of the elderly person or person with a disability, the prescription must be reviewed by the primary care provider or mental health care provider, or other licensed health care practitioner designated by the department, of the elderly person or person with a disability to: (A) Limit the adverse side effects of the psychotropic medication; and (B) Ensure that the psychotropic medication is prescribed in the lowest possible effective dosage; (b) A licensed health care practitioner other than the primary care provider or mental health care provider, or other licensed health care practitioner designated by the department, of the elderly person or person with a disability who prescribes a psychotropic medication notify the primary care provider or mental health care provider, or other licensed health care practitioner designated by the department, of the elderly person or person with a disability of the prescription not later than 24 hours after issuing the prescription; (c) Psychotropic medication prescribed by a licensed health care practitioner other than the primary care provider or mental health care provider, or other licensed health care practitioner designated by the department, of the elderly person or person with a disability may be in an amount sufficient for a seven-day supply; and (d) The facility or home in which the elderly person or person with a disability resides demonstrates that: (A) A person-centered assessment has been performed for the elderly person or person with a disability; and (B) Based on the findings of the assessment, the best course of treatment, including the use of nonpharmacological interventions, psychotropic medication or a combination of nonpharmacological interventions and psychotropic medication, is followed. (5) The department may adopt other rules necessary to carry out the provisions of this section. [2017 c.503 1] Note: 443.878 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.
(1) The admission of a person to a residential facility shall not act to create in the facility, its owner, administrator or employee any authority to manage, use or dispose of any property of the resident, or any authority or responsibility for the personal affairs of the person, except as may be necessary for the safety and orderly management of the facility and as may be required by this section. (2) No owner, administrator or employee of a residential facility may act as guardian, conservator, trustee or attorney in fact for any resident of the facility unless the resident is related to the owner, administrator or employee within the third degree of consanguinity. This subsection shall not prevent the owner, administrator or employee of a residential facility from acting as a representative payee for the resident. (3) A residential facility shall provide for the safekeeping of personal effects, funds and other property of its residents. (4) A residential facility shall keep complete and accurate records of all funds and other property of its residents received by the facility for safekeeping. (5) Any funds or other property belonging to or due to a resident of a residential facility which are received by a residential facility shall be held in trust and shall be held separate from the funds and property of the facility and shall be used only for the account of the resident. Upon request, the facility shall furnish the resident a complete and certified statement of all funds or other property to which this section applies, detailing the amounts and items received, together with their sources and disposition. (6) For the purposes of this section, "residential facility" means a domiciliary care facility as defined by ORS 443.205, a long term care facility as defined by ORS 442.015, a residential facility as defined by ORS 443.400, an adult foster home as defined by ORS 443.705 and any residential facility required to be registered under ORS 443.480 to 443.500. [1991 c.413 1; 1997 c.249 144]
(1) No owner, employee or administrator of a residential facility as defined by ORS 443.880 shall cause any person who is a resident of the facility to deliver to the owner, employee or administrator any funds or property of the resident by the exercise of undue influence. (2) For the purposes of this section, "undue influence" means that an owner, employee or administrator of a residential facility has substituted the will or interests of the owner, employee or administrator for the will or interests of the resident of the facility. [1991 c.413 2]
(1) If a facility intends to provide care for residents with Alzheimers disease or other forms of dementia by means of an endorsed memory care community, the facility must obtain a memory care endorsement on its license or registration. (2) The Department of Human Services, with the input from representatives of advocate groups and the long term care industry, shall adopt by rule standards that ensure that the special needs of any resident with Alzheimers disease or other form of dementia who is cared for in an endorsed memory care community are met and that quality care is provided. The standards must include but are not limited to provisions for: (a) Care planning, including physical design, staffing, staff training, safety, egress control, individual care planning, admission policy, family involvement, therapeutic activities and social services; (b) Continuity of basic care requirements; and (c) Marketing and advertising of the availability of and services from endorsed memory care communities. (3) The department shall adopt a fee schedule for memory care endorsement, taking into account the type of facility and the number of residents. (4) The department shall enforce rules adopted under subsection (2) of this section and ORS 443.889 and shall allow a licensee or registrant to retain the memory care endorsement required to care for residents with Alzheimers disease or other forms of dementia only as long as the licensee or registrant complies with the rules. (5) The memory care endorsement may be suspended or revoked in the same manner as the license or registration is suspended or revoked. (6) Unless a facility has obtained the memory care endorsement required by subsection (1) of this section, the facility may not: (a) Advertise the facility as providing an Alzheimers care unit or memory care community; or (b) Market the facility as providing an Alzheimers care unit or memory care community. [1991 c.416 2; 2001 c.900 193; 2005 c.22 312; 2017 c.679 28; 2021 c.588 4]
As used in this section and ORS 443.886 and 443.889: (1) "Acuity-based staffing tool" means the acuity-based staffing tool described in ORS 443.432 or an acuity-based staffing tool adopted by a facility that meets requirements established by the Department of Human Services by rule. (2) "Endorsed memory care community" means a special care unit in a designated, separated area for residents with Alzheimers disease or other forms of dementia that is locked or secured to prevent or limit access by a resident outside the designated or separated area. (3) "Facility" means a residential care facility as defined in ORS 443.400. [2021 c.588 1] Note: 443.887 and 443.889 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
[1999 c.476 4; 2005 c.688 6; renumbered 443.895 in 2021]
(1) The Department of Human Services shall adopt rules: (a) Establishing minimum requirements for an acuity-based staffing tool adopted by a facility and the frequency with which a facility must reassess the facilitys staffing patterns with the acuity-based staffing tool. (b) Establishing requirements for the design of an acuity-based staffing tool adopted by a facility to ensure that the tool recommends staffing levels, intensity and qualifications necessary to meet the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week. (c) For carrying out subsection (4) of this section. (2) The department shall assess the staffing levels of a facility, at a minimum, each time the department conducts a survey, license approval or renewal or an investigation into a complaint regarding: (a) Abuse of a resident; (b) Injury to a resident; (c) Resident safety; or (d) Staffing levels. (3) The assessment under subsection (2) of this section must include a determination of whether the facility is: (a) Using an acuity-based staffing tool that meets the requirements of rules adopted under subsection (1) of this section; (b) Recalculating the facilitys staffing patterns using the acuity-based staffing tool with the frequency required by rules adopted under subsection (1) of this section; (c) Consistently staffing to the levels, intensity and qualifications indicated by the acuity-based staffing tool; and (d) Consistently meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week. (4) If the department finds, during an assessment under subsection (2) of this section, that a facility is: (a) Not using an acuity-based staffing tool, the department shall require the facility to adopt the acuity-based staffing tool developed by the department. (b) Not meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week, the department shall: (A) Place a condition on the facilitys license as provided in ORS 441.736 (1)(b)(A), (B), (C) or (F) until the facility implements an acuity-based staffing tool and meets the minimum staffing levels identified by the department as necessary to meet the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week; and (B) Impose fines, penalties or conditions required by law or that the department deems necessary to compel compliance. (c) Using an acuity-based staffing tool but is not consistently staffing to the levels, intensity and qualifications indicated by the tool or is not recalculating the facilitys staffing patterns with the tool at the frequency required by rule, the department shall: (A) Assess whether the facility is meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week; (B) Place a condition on the facilitys license as provided in ORS 441.736 (1)(b)(A), (B), (C) or (F) until the facility implements an acuity-based staffing tool and demonstrates the facilitys ability to meet the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week; and (C) Continuously monitor the facility, for at least six months, for compliance with the staffing levels, intensity and qualifications indicated by the acuity-based staffing tool. (d) Not meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week, the department shall establish staffing standards in a corrective action plan and place a condition on the facilitys license as provided in ORS 441.736 (1)(b)(A), (B), (C) or (F) until the facility complies with the corrective action plan. [2021 c.588 2] Note: See note under 443.887.
(1)(a) The owner of a long term care facility seeking to have the facility be exempt from ad valorem property taxation under ORS 307.811 shall apply to the Department of Human Services for certification of the facility as an essential community provider long term care facility. (b) The application shall be made after the close of the calendar year for which the average percentage of residents eligible for medical assistance under Medicaid is to be determined. (2) The application shall be in the form and shall contain the information prescribed by the department, including but not limited to: (a) The location of the long term care facility; and (b) A statement of the number of residents of the long term care facility during the previous calendar year and the number of those residents who were eligible for Medicaid. (3) The department shall act upon an application within 15 days after the date the application has been filed with the department and all requested information has been provided by the applicant. (4) The department shall certify a long term care facility as an essential community provider long term care facility if the facility: (a) Is a nursing facility, assisted living facility or residential care facility and has an average residency rate of 50 percent or more who are eligible for Medicaid; or (b) Is an adult foster home and has an average residency rate of 60 percent or more who are eligible for Medicaid. (5) The department shall send the certification to the applicant. The certification shall state the tax year for which the certification is valid. (6) A certification under this section shall be valid for the tax year beginning the July 1 immediately following the calendar year in which the long term care facility met the Medicaid eligibility residency rate set forth in subsection (4) of this section. (7) As used in this section, "long term care facility" means a nursing facility, assisted living facility, residential care facility or adult foster home as defined in ORS 443.705. [Formerly 443.888] Note: 443.895 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.
[Subsection (2) enacted as 1953 c.659 14; 1969 c.641 17; repealed by 1977 c.717 23]
(1) Violation of ORS 443.015 is punishable as a Class C misdemeanor. (2) Violation of any provision of ORS 443.400 to 443.455 is a Class B misdemeanor. (3) The Department of Human Services may commence an action to enjoin operation of a residential care facility, residential training facility or residential training home: (a) If the facility or home is operated without valid licensure; or (b) After notice of revocation has been given and a reasonable time for placement of individuals in other facilities or homes has been allowed. (4) The Oregon Health Authority may commence an action to enjoin operation of a residential treatment facility or residential treatment home: (a) If the facility or home is operated without valid licensure; or (b) After notice of revocation has been given and a reasonable time for placement of individuals in other facilities or homes has been allowed. (5) Violation of ORS 443.725 is punishable as a Class C misdemeanor. (6) Violation of any provision of ORS 443.755 is a Class B misdemeanor. In addition, the department may commence an action to enjoin operation of an adult foster home: (a) When an adult foster home is operated without a valid license; or (b) After notice of revocation has been given and a reasonable time for placement of individuals in other facilities has been allowed. (7) Violation of ORS 443.881 is punishable as a Class C misdemeanor. [Subsection (1) enacted as 1977 c.738 11; subsection (2) enacted as 1977 c.717 14; 1979 c.284 144; 1985 c.663 8; subsection (5) enacted as 1991 c.413 3; 2009 c.595 796]
(1) The Oregon Health and Science University is designated to administer a program the purpose of which is to enable the state to extend and improve services for locating children with disabilities and for providing medical, surgical, corrective and other services and care, and facilities for diagnosis, hospitalization and after care for such children and for children having conditions which lead to disability. (2) The Oregon Health and Science University shall also supervise the administration of those services included in the program which are not administered directly by it. [Amended by 1975 c.693 8; 1989 c.224 104; 1995 c.162 81; 2007 c.70 252]
The Oregon Health and Science University may: (1) Make all necessary rules and regulations for administering services to children with disabilities under ORS 444.010 to 444.050. (2) Accept, expend and disburse all federal funds made available to this state for services for children with disabilities and for the administration of services for children with special health needs. (3) Make such reports in such form and containing such information as are required by the federal government, and comply with such provisions as are found necessary to ensure correctness and verification of such reports. (4) Cooperate with medical, health, nursing and welfare groups and organizations and with any agencies in the state charged with administering state laws providing for vocational rehabilitation of children with physical disabilities. (5) Cooperate with the federal government through its appropriate agency or instrumentality in administering services for children with special health needs. (6) Accept and receive funds, money or other valuable things from relatives, corporations or interested persons or organizations for the care of children with disabilities and expend the same for the purposes for which such funds, money or other valuable things were received. (7) Accept and receive fees for services rendered under ORS 444.010 to 444.050. [Amended by 1975 c.693 9; 1989 c.224 105; 1995 c.162 82; 2007 c.70 253]
The Oregon Health and Science University shall be responsible for the administration of services for children with special health needs under ORS 444.010 to 444.050 and may establish: (1) Qualifications of medical, nursing and other personnel employed in connection with services to children with disabilities. (2) Standards of medical practice, hospitalization, nursing and other services, and diagnostic clinics. [Amended by 1975 c.693 10; 1989 c.224 106; 2007 c.70 254]
(1) There is created in the General Fund of the State Treasury an account to be known as the Services for Children with Special Health Needs Account. (2) All moneys received under ORS 444.020 shall be deposited in the Services for Children with Special Health Needs Account and shall be disbursed in the same manner as the moneys appropriated for carrying out ORS 444.010 to 444.050. (3) Moneys in the account are continuously appropriated to the Oregon Department of Administrative Services for use by the Oregon Health and Science University in carrying out the program described in ORS 444.010. (4) The Oregon Department of Administrative Services shall draw warrants to pay all claims duly approved by the Oregon Health and Science University, which have been incurred in pursuance of law and the appropriation in subsection (3) of this section. [Amended by 1975 c.693 11; 1983 c.740 163; 1989 c.224 107; 1995 c.162 83; 2005 c.755 38]
In carrying out ORS 444.010 to 444.040, no state official, agent or representative shall take charge of any child over the objection of either of the parents of such child, or of the person standing in loco parentis to such child.
(1) Any judge exercising jurisdiction under ORS 419B.100 or 419C.005 may on the motion of the judge, or shall, on complaint filed by any probation officer, school teacher or school officer, relief officer or physician authorized to practice in this state, alleging that the child named therein is under 16 years of age and has some condition or injury or disease that can probably be remedied, and that the parents or other persons legally chargeable with the support of such child are unable to provide means for the surgical and medical treatment and hospital care of such child, appoint some physician who shall personally examine such child with respect to this medical condition. (2) The examining physician shall make a written report to the judge, in duplicate on blanks furnished as provided in ORS 444.240, within the time fixed by the judge. The report shall answer the questions and set forth the information required on the blanks, giving such history of the case as will be likely to aid the surgical or medical treatment of the condition or disease or injury and describing it, all in detail, and stating whether or not, in the opinion of the physician, it can probably be remedied. The duplicate of the report shall be sent to the Oregon Health and Science University with the patient, together with a certified copy of the order of the judge made pursuant to ORS 444.120. (3) The judge may also appoint some suitable person to investigate the other matters charged in the complaint. [Amended by 1967 c.534 24; 1989 c.224 108; 1993 c.33 351]
(1) Upon filing a report under ORS 444.110, the judge exercising jurisdiction under ORS 419B.100 or 419C.005 shall: (a) Fix a day for a hearing upon the complaint. (b) Cause the person or institution having legal custody of the child to be served with a notice of the hearing. (c) Notify the district attorney, who shall appear and conduct the proceedings. (2) At the hearing of the complaint, evidence may be introduced. If the judge finds that the child has a deformity or malady which can probably be remedied by surgical or medical treatment and hospital care, and that the person or institution legally chargeable with the support of the child is unable to pay the expenses thereof, the judge, with the consent of the person or institution having the legal charge of the child, may enter an order directing that the child shall be taken or sent to the Oregon Health and Science University for free surgical and medical treatment and hospital care. The child shall also be provided with proper and sufficient clothing. [Amended by 1967 c.534 25; 1993 c.33 352; 2007 c.70 255]
(1) The president of the Oregon Health and Science University, or other person designated by the president shall: (a) Upon receiving the child, provide for it, if available, hospital facilities. (b) Designate the clinic of the Oregon Health and Science University to which the patient shall be assigned for treatment of the deformity or malady in each particular case. (2) The Oregon Health and Science University is not required to receive any child unless the physician or surgeon in charge of the department in which surgical or medical treatment is to be furnished is of the opinion that there is a reasonable probability that the child will be benefited by the proposed treatment. (3) When any patient has been admitted to the clinic for treatment, the physician or surgeon in charge thereof shall proceed with all proper diligence to perform such operation and bestow such treatment upon the patient as in the judgment of the physician or surgeon shall be proper. The patient shall receive proper hospital care during the stay there. [Amended by 1975 c.693 12]
If the physician or surgeon of the clinic to which the child has been assigned for treatment declines to treat the child, the physician or surgeon shall make a report, in duplicate, of the examination of the child and state therein the reasons for declining treatment. The duplicate copy of the report shall be preserved in the records of the Oregon Health and Science University; the original shall be transmitted to the clerk of the court of the county where the order committing the child was entered.
No compensation shall be charged by or allowed to the physician or surgeon who treats a patient committed under ORS 444.120.
The superintendent of the hospital or other person designated by the authorities of the Oregon Health and Science University shall: (1) Keep a correct account of the medicine, treatment, nursing and maintenance furnished to the patient, and set forth therein the actual, reasonable and necessary cost thereof. (2) Make and file monthly with the judge exercising jurisdiction under ORS 419B.100 or 419C.005 of the county from which the patient was committed, an itemized, sworn statement, as far as possible, of the expense incurred at the hospital other than the free surgical and medical treatment as provided in ORS 444.120. [Amended by 1967 c.534 26; 1993 c.33 353]
The judge exercising jurisdiction under ORS 419B.100 or 419C.005 shall present the statement of the Oregon Health and Science University to the board of county commissioners. Upon being satisfied that the statement is correct and reasonable, the board of county commissioners shall approve it and direct that warrants be drawn by the county clerk upon the county treasurer for the amount of such bills allowed. The warrants as drawn by the county clerk shall be transmitted to the Oregon Health and Science University. The warrants shall be deposited to the credit of the university funds which are set aside for the support of the hospital under the direction of the Oregon Health and Science University. The county treasurer shall pay the warrants out of the funds collected for the relief of the poor of the county. [Amended by 1967 c.534 27; 1975 c.693 13; 1993 c.33 354]
The judge exercising jurisdiction under ORS 419B.100 or 419C.005 may, in the discretion of the judge, appoint some person to accompany the child from the place where the child is to the Oregon Health and Science University, or from the Oregon Health and Science University to such place as is designated by the judge with the consent of the person having legal custody of the child. [Amended by 1967 c.534 28; 1975 c.693 14; 1993 c.33 355]
(1) Any person appointed as attendant under ORS 444.180 or to make an investigation and report of any questions involved in the complaint other than the examining physician, shall receive $3 per day for time actually spent in making an investigation and for actual and necessary expenses incurred in making an investigation or trip except that no compensation shall be paid in cases where the person appointed is a parent or relative or where the officer appointed receives a fixed salary or compensation. (2) Upon demand, the examining physician shall be paid no more than $5 for each examination and report made and the actual necessary expenses of the physician incurred in making an investigation under ORS 444.110. (3) A person making claim for compensation under this section shall present to the judge of the juvenile court an itemized sworn statement thereof and when such claim has been approved by the judge, it shall be filed and allowed by the board of county commissioners and paid out of the funds of the county collected for the relief of the poor. [Amended by 1967 c.534 29]
(1) The Oregon Health and Science University, in the discretion of the person designated by the authorities in control thereof, may pay: (a) Actual, reasonable, necessary expenses of returning the patient to the home of the patient. (b) The attendant the actual, reasonable and necessary expenses incurred in accompanying a patient to the home of the patient and no more than $3 per day for the time thus necessarily employed, unless the attendant is a parent or relative or an officer or employee receiving other compensation. (2) The per diem and expenses shall be itemized and verified, and presented to and allowed by the board of county commissioners of the county from which the patient was committed, as provided in ORS 444.170.
(1) Upon the written request of the person or institution having legal custody of a child, filed with the judge exercising jurisdiction under ORS 419B.100 or 419C.005 at the time of the hearing under ORS 444.120, to the effect that the person or institution having legal custody of the child desires the child taken or sent to a designated hospital or medical school of recognized standing or character which is not under the direction or supervision of the Oregon Health and Science University, the judge may make and enter an order directing that the child be taken or sent to the designated institution for free surgical and medical treatment and hospital care, including the furnishing of proper and sufficient clothing. (2) The reception by an institution of such child as a patient, pursuant to court order, is considered an acceptance on its part of all the provisions of ORS 444.110 to 444.240 which relate to or in anywise apply to hospitalization of children at the Oregon Health and Science University, except as provided in ORS 444.220. Such institution shall furnish the child with all proper and requisite medical or surgical care and attention without compensation, and comply with ORS 444.110 to 444.240 while the child remains in the institution as a patient. [Amended by 1967 c.534 30; 1975 c.693 15; 1993 c.33 356]
When any child, pursuant to ORS 444.210, becomes a patient at any institution not affiliated with the Oregon Health and Science University, the person in charge thereof shall perform all duties and requirements set forth in ORS 444.160; and all warrants in payment of any bills or accounts therein mentioned shall be made payable to such institution. [Amended by 1975 c.693 116]
(1) No child under the terms of ORS 444.110 to 444.240 shall be treated for any ailment except as is described by the order of the court under ORS 444.120, unless permission for such treatment is granted by the parents or guardians. (2) No child shall be used for the purpose of experimentation.
(1) The Oregon Health and Science University shall prepare blanks containing such questions and requiring such information as may in its judgment be necessary and proper to be obtained by the physician who examines the patient under order of court. (2) A supply of such blanks shall be sent to the judge exercising jurisdiction under ORS 419B.100 or 419C.005. The president of the Oregon Health and Science University shall determine the number of blanks to be printed and distributed to the judges. (3) The bills for the printing of blanks shall be audited, allowed and paid in the same manner as the printing bills of the Oregon Health and Science University. [Amended by 1967 c.534 31; 1975 c.693 17; 1993 c.33 357]
(1) Subject to available funding, including gifts, grants or donations, the Oregon Health Authority shall establish a uniform, statewide database for the collection of information on Type I and Type II diabetes occurring in children in Oregon. The purposes of the database shall be to collect and serve as a repository for data about the prevalence and incidence of diabetes occurring in the pediatric population of this state and to make the data available for scientific and medical research and for assistance in making decisions about the allocation of public resources. (2) The database established by subsection (1) of this section shall include data provided to the authority by schools and physicians as required by ORS 444.310 and 444.320. (3) The authority shall adopt rules: (a) Necessary to carry out the purposes of ORS 444.300 to 444.330, including but not limited to the reporting format and the effective date after which reporting by schools and physicians shall be required; and (b) Under which confidential data may be used by third parties to conduct research and studies for the public good. [2001 c.719 1; 2009 c.595 797]
The Oregon Health Authority shall conduct an annual survey, to be completed by June 15, of all public schools and public charter schools in Oregon to collect data about diabetes occurring in students. Each school surveyed shall report to the authority for each student enrolled at the school who has Type 1 or Type II diabetes: (1) The name and address of the student; (2) The gender of the student; (3) The date of birth of the student; (4) The type of diabetes diagnosed; and (5) The date of diagnosis. [2001 c.719 2; 2009 c.595 798; 2011 c.301 9]
(1) As used in this section, "child" means an individual 18 years of age or younger. (2) In accordance with ORS 444.300, upon diagnosing or first treating a child with Type I or Type II diabetes, a physician shall report to the Oregon Health Authority: (a) The name and address of the child; (b) The gender of the child; (c) The date of birth of the child; (d) The type of diabetes the child has; and (e) The date of diagnosis or first treatment by the reporting physician. [2001 c.719 3; 2009 c.595 799]
All identifying information regarding individual children that is reported to the Oregon Health Authority pursuant to ORS 444.300 to 444.330 shall be confidential and privileged. Except as required in connection with the administration or enforcement of public health laws or rules, no public health official, employee, agent or other person entitled to access or use data under ORS 444.300 to 444.330 shall be examined in an administrative or judicial proceeding as to the existence or contents of data in the database established under ORS 444.300 to 444.330. Research and studies conducted using confidential data from the statewide database must be reviewed and approved by the body used by the authority as the Committee for the Protection of Human Research Subjects and established in accordance with 45 C.F.R. 46. [2001 c.719 4; 2009 c.595 800]
As used in ORS 446.003 to 446.200 and 446.225 to 446.285, and for the purposes of ORS chapters 195, 196, 197, 215 and 227, the following definitions apply, 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, and except as provided in ORS 197.746 or 446.007: (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)(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) "Board" means the Residential and Manufactured Structures Board. (5) "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. (6) "Certification" means an evaluation process by which the department verifies a manufacturers ability to produce manufactured dwellings to the department rules and to the department approved quality control manual. (7) "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. (8) "Department" means the Department of Consumer and Business Services. (9) "Director" means the Director of the Department of Consumer and Business Services. (10) "Distributor" means any person engaged in selling and distributing manufactured dwellings or equipment for resale. (11) "Equipment" means materials, appliances, subassembly, devices, fixtures, fittings and apparatuses used in the construction, plumbing, mechanical and electrical systems of a manufactured dwelling. (12) "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). (13) "Fire Marshal" means the State Fire Marshal. (14) "Imminent safety hazard" means an imminent and unreasonable risk of death or severe personal injury. (15) "Insignia of compliance" means the HUD label for a manufactured dwelling. (16) "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 446.111, 446.160, 446.176, 446.225 to 446.285, 446.310 to 446.350, 446.990 and this section. (17) "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. (18) "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 to 671.220 or engineers registered under ORS 672.002 to 672.325. (19) "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. (20) "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. (21)(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 or 455.610 or the Small Home Specialty Code adopted under section 2, chapter 401, Oregon Laws 2019. (22)(a) "Manufactured dwelling park" means any place where four or more manufactured dwellings or prefabricated structures, as defined in ORS 455.010, 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 to 92.192. (23)(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. (24) "Manufacturer" means any person engaged in manufacturing, building, rebuilding, altering, converting or assembling manufactured dwellings or equipment. (25) "Manufacturing" means the building, rebuilding, altering or converting of manufactured dwellings that bear or are required to bear an Oregon insignia of compliance. (26) "Minimum safety standards" means the plumbing, mechanical, electrical, thermal, fire and life safety, structural and transportation standards prescribed by rules adopted by the director. (27) "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. (28) "Mobile home park": (a) Means any place where four or more manufactured dwellings, recreational vehicles as defined in ORS 174.101, 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 to 92.192. (29) "Municipality" means a city, county or other unit of local government otherwise authorized by law to enact codes. (30) "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. (31) "Sale" means rent, lease, sale or exchange. (32) "Skirting" means a weather resistant material used to enclose the space below a manufactured dwelling. (33) "Tiedown" means any device designed to anchor a manufactured dwelling securely to the ground. (34) "Transitional housing accommodations" means accommodations described under ORS 197.746. (35) "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] Note: The amendments to 446.003 by section 1b, chapter 422, Oregon Laws 2019, become operative January 2, 2026. See section 1c, chapter 422, Oregon Laws 2019. The text that is operative on and after January 2, 2026, including amendments by section 7, chapter 260, Oregon Laws 2021, is set forth for the users convenience. As used in ORS 446.003 to 446.200 and 446.225 to 446.285, and for the purposes of ORS chapters 195, 196, 197, 215 and 227, the following definitions apply, 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, and except as provided in ORS 197.746 or 446.007: (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)(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) "Board" means the Residential and Manufactured Structures Board. (5) "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. (6) "Certification" means an evaluation process by which the department verifies a manufacturers ability to produce manufactured dwellings to the department rules and to the department approved quality control manual. (7) "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. (8) "Department" means the Department of Consumer and Business Services. (9) "Director" means the Director of the Department of Consumer and Business Services. (10) "Distributor" means any person engaged in selling and distributing manufactured dwellings or equipment for resale. (11) "Equipment" means materials, appliances, subassembly, devices, fixtures, fittings and apparatuses used in the construction, plumbing, mechanical and electrical systems of a manufactured dwelling. (12) "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). (13) "Fire Marshal" means the State Fire Marshal. (14) "Imminent safety hazard" means an imminent and unreasonable risk of death or severe personal injury. (15) "Insignia of compliance" means the HUD label for a manufactured dwelling. (16) "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 446.111, 446.160, 446.176, 446.225 to 446.285, 446.310 to 446.350, 446.990 and this section. (17) "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. (18) "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 to 671.220 or engineers registered under ORS 672.002 to 672.325. (19) "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. (20) "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. (21)(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, 455.610 or 455.616. (22)(a) "Manufactured dwelling park" means any place where four or more manufactured dwellings or prefabricated structures, as defined in ORS 455.010, 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 to 92.192. (23)(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. (24) "Manufacturer" means any person engaged in manufacturing, building, rebuilding, altering, converting or assembling manufactured dwellings or equipment. (25) "Manufacturing" means the building, rebuilding, altering or converting of manufactured dwellings that bear or are required to bear an Oregon insignia of compliance. (26) "Minimum safety standards" means the plumbing, mechanical, electrical, thermal, fire and life safety, structural and transportation standards prescribed by rules adopted by the director. (27) "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. (28) "Mobile home park": (a) Means any place where four or more manufactured dwellings, recreational vehicles as defined in ORS 174.101, 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 to 92.192. (29) "Municipality" means a city, county or other unit of local government otherwise authorized by law to enact codes. (30) "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. (31) "Sale" means rent, lease, sale or exchange. (32) "Skirting" means a weather resistant material used to enclose the space below a manufactured dwelling. (33) "Tiedown" means any device designed to anchor a manufactured dwelling securely to the ground. (34) "Transitional housing accommodations" means accommodations described under ORS 197.746. (35) "Utilities" means the water, sewer, gas or electric services provided on a lot for a manufactured dwelling.
As used in ORS 446.003 to 446.200, 446.225 to 446.285 and 446.425, unless the context requires otherwise, or unless administration and enforcement by Oregon under the existing or revised National Manufactured Housing Construction and Safety Standards Act would be adversely affected, "issuing authority" means with respect to mobile home or manufactured dwelling park plans review and construction, the Department of Consumer and Business Services. [1975 c.793 1b (enacted in lieu of 446.004); 1981 c.190 7; 1983 c.707 2; 1989 c.648 2]
Notwithstanding ORS 446.003, as used in ORS chapters 195, 196, 197, 215 and 227, the following definitions apply, unless the context requires otherwise: (1) "Accessory building or structure" means any portable, demountable or permanent structure established for use of the occupant of a manufactured structure and as further defined by rule by the Director of the Department of Consumer and Business Services as provided under ORS 446.003. (2) "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 structure. (3) "Manufactured structure": (a) Means a recreational vehicle, manufactured dwelling or recreational structure. (b) Does not include any building or structure regulated under the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code. (4) "Manufacturer" means any person engaged in manufacturing, building, rebuilding, altering, converting or assembling manufactured structures or equipment. (5) "Manufacturing" means the building, rebuilding, altering or converting of manufactured structures that bear or are required to bear an Oregon insignia of compliance. (6) "Mobile home park": (a) Means any place where four or more manufactured structures 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 to 92.192. (7) "Recreational structure" means a campground structure with or without plumbing, heating or cooking facilities intended to be used by any particular occupant on a limited-time basis for recreational, seasonal, emergency or transitional housing purposes and may include yurts, cabins, fabric structures or similar structures as further defined, by rule, by the director. (8) "Recreational vehicle" has the meaning given that term in ORS 174.101. [2019 c.422 26; 2021 c.260 8] Note: 446.007 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Four to six manufactured dwellings may be sited on a lot or parcel or aggregation of lots or parcels without meeting the requirements of ORS 446.003 to 446.140. However, four to six manufactured dwellings shall be sited in conformance with the comprehensive plan and land use regulations for other dwellings of similar capacity within the zone in which the manufactured dwellings are sited. [1993 c.437 2]
(1)(a) The Director of the Department of Consumer and Business Services shall issue rules under ORS chapter 183 to regulate mobile home or manufactured dwelling parks. These rules shall conform to ORS 446.090 to 446.140. (b) Any water system serving a mobile home or manufactured dwelling park is subject to ORS 448.115 to 448.285 and the rules adopted pursuant thereto. (2) Mobile home or manufactured dwelling parks are subject to ORS 446.003, 446.055, 446.072 to 446.100, 446.140 and 446.271 and the state building code, as defined in ORS 455.010, and the rules adopted thereunder by the director under ORS chapter 183. (3) The Department of Consumer and Business Services shall review plans and inspect construction of mobile home or manufactured dwelling parks to ensure compliance with subsection (2) of this section. The director shall adopt rules under ORS chapter 183 to provide a schedule for plan review fees and construction inspection fees. (4) A person shall not construct a new mobile home or manufactured dwelling park or add lots to an existing mobile home or manufactured dwelling park without approval by the department. (5) Installation of a submeter as provided in ORS 90.574 to measure water consumption at a space in an existing manufactured dwelling park is a minor plumbing installation under ORS 447.076 and may be performed under a statewide permit and inspection system for minor construction work established under ORS 455.155. [1953 c.490 13; 1959 c.562 13; 1969 c.533 15; 1975 c.793 8; 1981 c.190 6; 1983 c.707 3; 1987 c.414 21a; 1987 c.604 11; 1989 c.648 3; 1993 c.744 48; 1995 c.318 1; 2001 c.411 13; 2011 c.503 11]
The Department of Consumer and Business Services may inspect every mobile home or manufactured dwelling park in order to determine whether it conforms with the provisions of ORS 446.003 to 446.200 and 446.225 to 446.285 and the rules adopted pursuant thereto. Any person operating such facilities shall at all reasonable times, upon request of the department, permit access to all parts of the facilities. [1953 c.490 14; 1969 c.533 16; 1973 c.560 7; 1975 c.793 9; 1983 c.707 4; 1989 c.648 4]
The Department of Consumer and Business Services shall make surveys necessary to assure uniform enforcement throughout the state with respect to mobile home or manufactured dwelling parks. [1953 c.490 17; 1959 c.562 14; 1975 c.793 10; 1983 c.707 5; 1989 c.648 5]
All moneys received by the Department of Consumer and Business Services under ORS 446.003 to 446.200 and 446.225 to 446.285 shall be paid into the Consumer and Business Services Fund created by ORS 705.145. The moneys received under this section are continuously appropriated to the department for use as provided in ORS 446.423. [1953 c.490 15; 1973 c.560 8; 1975 c.793 11; 1983 c.707 6; 1987 c.414 21b; 1989 c.648 6; 1993 c.744 49; 2001 c.710 4]
ORS 446.095 (3), 446.100 (1)(c) and 446.105 do not apply to a mobile home park that was constructed before August 5, 1959. However, any changes or additions made in any mobile home or manufactured dwelling park after August 5, 1959, shall conform to ORS 446.095 to 446.105 and the rules issued thereunder. [1959 c.562 3; 1967 c.247 4; 1969 c.533 18; 1975 c.793 12; 1985 c.565 72; 1989 c.648 7; 1995 c.318 4]
The owner or operator of a mobile home or manufactured dwelling park shall: (1) Construct well-drained and hard-surfaced park streets at least 20 feet in width, unobstructed and open to traffic within the mobile home or manufactured dwelling park. If the owner or operator permits parking of motor vehicles on the park streets, the owner or operator shall construct the park streets at least 30 feet in width. (2) Provide to each tenant an adequate supply of healthful water and adequate electric power and sewerage facilities. All plumbing shall be installed in compliance with ORS 447.010 to 447.156 and 447.992 and the rules of the Department of Consumer and Business Services adopted thereunder. (3) Provide, except as specified in subsection (4) of this section, a separate general play area restricted to that use, if the mobile home or manufactured dwelling park accommodates children who are under 14 years of age. No separate play area shall be less than 2,500 square feet in area. At least 100 square feet of play area shall be provided for each manufactured dwelling occupied by children. (4) Not be required to provide a separate play area if the mobile home or manufactured dwelling park was in existence before March 13, 1989, and rented spaces as an all adult park. [1959 c.562 4; 1967 c.247 5; 1969 c.491 1; 1969 c.533 19; 1973 c.560 9; 1989 c.648 8; 1991 c.226 2; 1995 c.318 2]
(1) A person may not: (a) Construct a mobile home or manufactured dwelling park at a place that is unsuitable due to swampy terrain, lack of adequate drainage or proximity to the breeding places of insects or rodents. (b) Install a manufactured dwelling closer than five feet from a property boundary line. (c) Construct in a mobile home or manufactured dwelling park a manufactured dwelling space less than 30 feet in width or less than 40 feet in length. (2) The Director of the Department of Consumer and Business Services shall adopt rules pursuant to the rulemaking provisions of ORS chapter 183 specifying minimum distances between adjacent manufactured dwellings and between manufactured dwellings and other structures. In adopting these rules, the director shall take into consideration the standards established by the National Fire Protection Association and standards recommended by the State Fire Marshal. (3) Except as provided in this subsection, the rules adopted by the director under subsection (2) of this section must provide for at least 10 feet of space between manufactured dwellings. The director may adopt a rule allowing less than 10 feet of space between manufactured dwellings that are separated by a one-hour fire-resistive wall. A standard established by the director for a one-hour fire-resistive wall separating manufactured dwellings must be at least as stringent as the equivalent standard, if any, for a fire-resistive wall in a two family dwelling under the Low-Rise Residential Dwelling Code. [1959 c.562 5; 1969 c.533 20; 1981 c.506 1; 1989 c.648 9; 1991 c.226 3; 2003 c.134 1; 2005 c.22 314]
(1) The Director of the Department of Consumer and Business Services may issue a permit for the establishment of a temporary mobile home or manufactured dwelling park to a construction company, timber company, government entity or farm if: (a) There is no available space in a mobile home or manufactured dwelling park within a reasonable distance; and (b) A mobile home or manufactured dwelling park is necessary for the proper housing of employees until the project is finished. (2) Upon approval by the Department of Consumer and Business Services and the county or city planning commission, a permit may be issued to a person to establish a temporary mobile home or manufactured dwelling park on the persons own premises in areas having a critical housing shortage due to large construction projects. The permit shall expire upon completion of the project. [1959 c.562 6; 1967 c.247 6; 1969 c.533 21; 1973 c.560 10; 1975 c.793 13; 1989 c.648 10; 1991 c.226 4; 1993 c.744 50; 1995 c.318 3]
No stationary structure may be erected within a mobile home or manufactured dwelling park without the consent of the owner or operator; and when giving consent, it shall be the duty of the mobile home or manufactured dwelling park manager to advise the tenant or builder of the standards required by ORS 446.003 to 446.200 and 446.225 to 446.285 and the rules issued thereunder. [1961 c.665 3; 1967 c.247 7; 1969 c.533 22; 1973 c.560 11; 1975 c.546 11; 1989 c.648 11]
(1) The owner or operator of a mobile home or manufactured dwelling park is responsible for the sanitary condition of the park grounds and buildings. (2) No person shall allow a pet animal of the person to run at large or to create any health hazard within a mobile home or manufactured dwelling park. [1959 c.562 8,9; 1967 c.247 8; 1969 c.533 23; 1973 c.560 12; 1989 c.648 12]
A person may occupy a manufactured dwelling or a camping vehicle on private land with the consent of the owner of the land if: (1) The lot, tract or parcel of land upon which the manufactured dwelling or camping vehicle is situated has an area adequate to provide safe, approved water supply and sewage disposal facilities and is not in conflict with ORS 446.310 (9). (2) The person complies with all applicable standards of sanitation, water, plumbing and electrical and sewerage installations prescribed by the laws of this state and the rules issued thereunder, or by local authorities. [1959 c.562 10; 1967 c.247 9; 1969 c.533 24; 1983 c.707 7; 1989 c.648 13; 2001 c.900 256; 2005 c.22 315]
No person, firm or corporation shall remove a manufactured dwelling from a mobile home or manufactured dwelling park without first giving the owner or operator of the park 72 hours notice. [1959 c.562 12; 1967 c.247 11; 1969 c.533 25; 1985 c.473 16; 1989 c.648 14]
(1) A person may not sell or offer for sale within this state a manufactured dwelling manufactured after January 1, 1962, that contains: (a) Plumbing equipment, unless such equipment meets the requirements of the Department of Consumer and Business Services; (b) Heating equipment, unless such equipment meets the requirements of the State Fire Marshal; or (c) Electrical equipment, unless such equipment meets the requirements of the department. (2) A person may not rent, lease, sell or offer for rent, lease or sale within this state a manufactured dwelling manufactured after September 1, 1969, unless the manufactured dwelling bears an insignia of compliance and contains: (a) Plumbing, mechanical and electrical equipment or installations that meet the minimum safety standards of the department; (b) Thermal, fire and life safety equipment, material and installations that meet the minimum safety standards of the department; or (c) Structural and transportation equipment, materials, installations and construction that meet the minimum safety standards of the department. (3) Persons manufacturing, remanufacturing, converting, altering or repairing manufactured dwellings or equipment within the state or for use within the state shall comply with all applicable construction and safety rules of the department and the following: (a) Alterations performed on a manufactured dwelling by the manufacturer or dealer before or at the time of sale to the first consumer shall be performed in conformance with the National Manufactured Housing Construction and Safety Standards Act. (b) After the initial sale to a consumer by a manufacturer or dealer, all alterations to a manufactured dwelling, except as identified by the Director of the Department of Consumer and Business Services by rule, shall be in conformance with the specialty codes as described in ORS 455.010 to 455.740 and 479.855. (c) Solid fuel burning appliances shall be in conformance with the National Manufactured Housing Construction and Safety Standards Act and standards adopted by the department. (d) Notwithstanding subsections (1) and (2) of this section, a previously owned manufactured dwelling may be sold "as is" provided that the seller discloses in the bill of sale that the manufactured dwelling is being sold on an "as is" or "with all faults" basis, and that the entire risk as to the quality and performance of the manufactured dwelling is with the buyer. If the manufactured dwelling is found to be defective after purchase, the buyer shall assume the entire cost of all servicing and repair. The seller, manufacturer, distributor or retailer is not responsible for any cost for servicing and repair. (4) Installations of manufactured dwellings must be in conformance with the standards adopted by the department for site preparation, foundation support, anchoring, structural and utility connections, electrical and plumbing tests, underfloor enclosures, ventilation, vapor barriers and steps used for access and egress. [1961 c.567 2; 1969 c.295 3; 1971 c.753 43; 1989 c.527 2; 1989 c.648 16a; 1991 c.409 1; 1995 c.251 2; 2001 c.104 184; 2005 c.89 1; 2019 c.422 2; 2019 c.585 8]
(1) The Department of Consumer and Business Services may cause such inspections to be made, approve plans and specifications, provide technical services, issue insignia of compliance, collect fees provided by ORS 446.176 and, in compliance with ORS chapter 183, promulgate and enforce such rules and regulations as are reasonably necessary to carry out its duties and insure compliance with those parts of ORS 446.003 to 446.200, 446.225 to 446.285, 446.310 to 446.350 and 446.395 to 446.440 within the jurisdiction of the department. (2) The Director of the Department of Consumer and Business Services shall adopt rules pursuant to ORS chapter 183 to insure that manufacturers, distributors and dealers comply with the reporting requirements of the Department of Consumer and Business Services of this state and the Secretary of Housing and Urban Development as required by the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383). (3) The director is authorized to conduct such inspections and investigations as may be necessary to administer and enforce any federal manufactured dwelling construction and safety standards adopted under ORS 446.155 or the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383). The director shall furnish to the Secretary of Housing and Urban Development or a designee any information obtained indicating noncompliance with such standards for appropriate action. (4) The director or a designee is authorized to enter, at reasonable times and without advance notice, any factory, warehouse or establishment in which a manufactured dwelling or equipment is manufactured, stored or held for sale; and to inspect at reasonable times within reasonable limits in a reasonable manner, any such factory, warehouse or establishment, and to inspect such products, books, papers, records and documents that are relevant to the manufacture of a manufactured dwelling or equipment and the manufacturers, distributors or dealers compliance with ORS 446.155 and the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383). [1961 c.567 3,4; 1969 c.295 4; 1971 c.753 44; 1975 c.546 12; 1989 c.527 3; 1989 c.648 17; 1991 c.409 2; 2019 c.422 3]
[1961 c.567 5; 1969 c.295 5; renumbered 446.200]
(1) An insignia of compliance shall be affixed to manufactured dwellings that are subject to the provisions of ORS 446.155 to 446.200 and to manufactured dwellings upon which additions, conversions or alterations of installations of equipment or material are made. (2) A person may not place an insignia of compliance on a manufactured dwelling except as provided by ORS 446.155 to 446.200 and the rules adopted under ORS 446.155 to 446.200. (3) Insignia of compliance may be issued in bulk only to manufacturers, remanufacturers or converters certified and registered with the Department of Consumer and Business Services. (4) Insignia of compliance are not transferable, and the department may not make a refund representing any unused insignia. [1969 c.295 7,11; 1989 c.527 4; 1991 c.409 3; 2005 c.89 2; 2019 c.422 4; 2019 c.585 9]
(1) The Director of the Department of Consumer and Business Services, with the approval of the Residential and Manufactured Structures Board, shall adopt regulations under the provisions of ORS chapter 183 to provide a schedule for plan review fees, insignia fees, inspection fees and other necessary fees based on the estimated cost of administering ORS 446.003 to 446.200 and 446.225 to 446.285. (2) Fees collected by the department pursuant to this section shall be deposited in the Consumer and Business Services Fund established by ORS 705.145. Moneys deposited into the fund pursuant to this section are continuously appropriated to the department for use as provided in ORS 446.423. [1975 c.546 14 (enacted in lieu of 446.175); 1993 c.744 51; 1997 c.205 2; 1999 c.518 2; 2001 c.710 5; 2009 c.567 29]
(1) If the Director of the Department of Consumer and Business Services determines that standards for construction, equipment and material installed in manufactured dwellings provided by the statutes or rules and regulations of other states are at least equal to the minimum safety standards prescribed under ORS 446.155 to 446.200, and that such statutes, rules and regulations are being enforced, the director may provide by rule that manufactured dwellings approved by such other state shall be considered approved by the director. (2) Mobile homes built between September 1, 1969, and June 15, 1976, to the American National Standards Institute Mobile Home Standards A119.1 and which also bear an insignia of compliance from the State of California, Idaho, Nevada or Washington shall be considered to comply with ORS 446.155 (2) provided no alterations have been made to the original structure. [1969 c.295 9; 1971 c.753 46; 1987 c.414 22; 1989 c.527 5; 1989 c.648 18; 1991 c.226 5; 1991 c.912 1; 1993 c.744 52; 2019 c.422 5]
(1) In compliance with ORS chapter 183, rules establishing minimum safety standards and requirements shall be adopted and enforced by the Director of the Department of Consumer and Business Services for manufactured dwellings and installations as prescribed in ORS 446.155. (2) Minimum safety standards prescribed in ORS 446.155 to 446.200 shall be reasonably consistent with nationally recognized standards for construction of manufactured dwellings. Manufactured dwellings must be designed to protect the health and safety of the people of this state from dangers inherent in the use of substandard and unsafe equipment, material and installations. [1969 c.295 8; 1971 c.753 47; 1989 c.527 6; 1991 c.409 4; 1993 c.744 53; 1995 c.251 3; 2019 c.422 6]
When it appears to an inspecting authority that any person is engaged or about to engage in an act or practice which is in violation of ORS 446.155 to 446.200 or the rules and regulations issued thereunder, the inspecting authority may, without bond, obtain an order from an appropriate circuit court enjoining such act or practice. [1969 c.295 10]
The Director of the Department of Consumer and Business Services may waive any requirements of ORS 446.003 to 446.200 or rules adopted under those sections or adopt temporary permitting and operating and construction standards in lieu of the requirements if the director determines that: (1) The waiver is necessary or advisable to allow for the rapid development of a manufactured dwelling park approved under ORS 197.488; and (2) The waiver will not jeopardize the health and safety of the occupants of the manufactured dwelling park. [2021 c.260 4] Note: Section 5, chapter 260, Oregon Laws 2021, provides: Sec. 5. Sections 2 [197.488] and 4 [446.198] of this 2021 Act apply to manufactured dwelling parks destroyed by natural disasters occurring on or after September 1, 2020. [2021 c.260 5] Note: 446.198 was added to and made a part of 446.003 to 446.200 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.
A manufactured dwelling that is constructed in conformity with the minimum safety standards provided by ORS 446.185 and that bears an insignia of compliance is not required to comply with any additional regulations if the dwelling is thereafter placed upon a permanent foundation and affixed to real property. [Formerly 446.165; 1989 c.648 20; 1991 c.226 6; 1995 c.251 4; 2019 c.422 7]
(1) The Legislative Assembly intends to provide a procedure to assure that Oregon assumes fullest responsibility for administration and enforcement of federal manufactured housing safety and construction standards in Oregon in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383). (2) The Director of the Department of Consumer and Business Services is authorized to apply for and receive grants from the Secretary of Housing and Urban Development for implementation and development of a plan for enforcement and administration of federal manufactured housing safety and construction standards for manufactured housing offered for sale or lease in this state. (3) The director is authorized to adopt rules pursuant to ORS chapter 183 to insure acceptance by the Secretary of Housing and Urban Development of Oregons plan for administration and enforcement of federal manufactured housing safety and construction standards in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383). [1975 c.546 2; 1989 c.648 22]
(1) The Director of the Department of Consumer and Business Services shall, by administrative rule, adopt and enforce safety and construction standards for installation, support and tiedown of manufactured dwellings on a lot. These safety standards shall be reasonably consistent with nationally recognized standards for placement, support and tiedown of manufactured dwellings, and shall be designed to protect the health and safety of occupants of manufactured dwellings against uplift, sliding, rotation and overturning of manufactured dwellings. (2) The director shall designate wind pressure zones in which the rules for tiedown of manufactured dwellings shall apply. (3) Except as provided in ORS 446.395, an installer is not required to be licensed by the director to connect utilities from utility terminations provided on a lot to manufactured dwellings. [1975 c.546 3; 1989 c.648 23; 1991 c.226 7; 1993 c.744 55]
The Director of the Department of Consumer and Business Services shall adopt and enforce rules establishing safety standards for construction and installation of accessory buildings and structures. Prefabricated and site-built accessory buildings and structures shall be consistent with the provisions of the state building code adopted pursuant to ORS 455.020 and 455.110 except where application of such standards would conflict with standards adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 and would prevent the Department of Consumer and Business Services from enforcing the federal Act in Oregon. [1975 c.546 4; 1989 c.648 24]
(1) Manufactured dwellings shall be used as single-family dwellings. (2) Manufactured dwellings shall not be used for commercial purposes. (3) Exceptions to subsections (1) and (2) of this section are: (a) Manufactured dwellings may be used for purposes other than as a single-family dwelling when specifically approved for a change in occupancy in accordance with the provisions of the Oregon specialty codes by the authority having jurisdiction. When a manufactured dwelling changes in occupancy it shall lose its identity as a manufactured dwelling and have the insignia removed and returned to the Department of Consumer and Business Services. (b) Manufactured dwellings may be used by dealers or distributors as temporary sales offices if: (A) No alterations to the design, construction, transportation, fire and life safety, plumbing, mechanical or electrical systems are made to accommodate the office use; and (B) The dealer or distributor continues to offer the manufactured dwelling for sale during the office use. (c) A portion of a manufactured dwelling may be used for an in-house business when the remainder of the dwelling is used as a single-family dwelling by the same person. Approval for the type and location of an in-home business must be obtained from the authority having jurisdiction and the local planning commission prior to the use. [1991 c.478 2; 2019 c.422 8] Note: 446.245 was added to and made a part of 446.155 to 446.285 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
The Director of the Department of Consumer and Business Services shall cause inspections to be made, approve plans and specifications, provide technical services and issue permits for alteration of manufactured dwellings, for installation of manufactured dwellings or accessory buildings or structures on a lot and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations. The director shall appoint or contract with municipalities that request such appointment or contract for inspection and issuance of permits for manufactured dwelling alterations, for installations of manufactured dwellings or accessory buildings or structures and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations, if the municipality employs as local inspectors qualified persons who have been certified by the director for inspection and issuance of permits for manufactured dwelling alterations, for installations of manufactured dwellings or accessory buildings or structures and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations under ORS 446.003, 446.111, 446.155, 446.160, 446.176, 446.225 to 446.285 and 446.990. Certification standards under this section shall relate to the inspections to be performed and shall not be more stringent for municipal inspectors than those applying to state inspectors. [1975 c.546 5; 1983 c.250 2; 1989 c.648 25; 1989 c.1017 4; 1991 c.409 5; 1995 c.251 5; 1997 c.205 3; 2019 c.422 9]
A person may not install a manufactured dwelling or an accessory building or structure without first obtaining from the Department of Consumer and Business Services or a municipality as provided under ORS 446.250 all permits necessary for installing the manufactured dwelling or the accessory building or structure on a lot. [1989 c.1017 2; 1995 c.251 6; 1997 c.205 4; 2019 c.422 10]
(1) The authority of the Director of the Department of Consumer and Business Services under ORS 446.250 is in addition to the provisions of ORS chapter 455. Where the provisions of ORS 446.252 and this section conflict with the provisions under ORS chapter 455, the provisions of ORS 446.252 and this section shall control. (2) Except as otherwise provided by this subsection, any municipality that establishes a program under ORS 455.148 or 455.150 to administer and enforce installations of manufactured dwellings and accessory buildings or structures shall assume full responsibility for permit issuance and inspections under that program including related electrical, plumbing, structural and mechanical installations for a manufactured dwelling and accessory buildings or structures as defined in ORS 446.003. (3) The director may by order relieve a municipality from compliance with the requirements of subsection (2) of this section under the following conditions: (a) Budget limitations of the municipality; (b) Inadequate staffing of the municipality; (c) Inability to contract services with another municipality; or (d) Where the public is inconvenienced by increased cost, travel distance or time loss. (4) The Department of Consumer and Business Services, subject to ORS chapter 183, may revoke any authority of a local government under ORS 455.148 or 455.150 to conduct inspections, administration or enforcement of manufactured dwelling alterations or installations of manufactured dwellings or accessory buildings or structures, if the director determines that the municipality is not effectively carrying out duties assumed by the municipality. [1989 c.1017 3; 1991 c.226 17; 1991 c.409 6; 1993 c.744 56; 1995 c.251 7; 1997 c.205 5; 2019 c.422 11]
(1) After written notice and hearing as provided in subsection (2) of this section, the Director of the Department of Consumer and Business Services may revoke the certification of a local inspector certified under ORS 446.250, or the authority of a local government to enforce provisions of ORS 446.003, 446.111, 446.160, 446.176, 446.225 to 446.285 and 446.990, when it appears by competent evidence that the inspector or local government has consistently failed to act in the public interest in the enforcement of the provisions of ORS 446.003, 446.111, 446.160, 446.176, 446.225 to 446.285 and 446.990. (2) Any proceedings under subsection (1) of this section shall be conducted pursuant to the provisions of ORS 183.415 to 183.430, 183.440 to 183.460, 183.470 to 183.485 and 183.490 to 183.540, dealing with contested cases. [1975 c.546 5a]
(1) Every manufacturer of manufactured homes offered for sale or lease in this state shall furnish notification of any defect in any manufactured home produced by the manufacturer that the manufacturer determines, in good faith, relates to a federal manufactured housing construction or safety standard or constitutes an imminent safety hazard to the purchaser of the manufactured home, within a reasonable time after such manufacturer has discovered the defect. (2) The Director of the Department of Consumer and Business Services is authorized to adopt rules for notification required by subsection (1) of this section. The rules shall conform to notification and correction of defects and record keeping requirements of the Secretary of Housing and Urban Development under the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383). (3)(a) In addition to the notification required under subsection (1) of this section, the director may adopt rules to identify the disclosures required of a dealer or distributor prior to the sale of new manufactured dwellings more than eight feet six inches wide in travel mode. Disclosure required under this subsection shall be limited to information regarding permissible uses, roof snow loads and anchoring of manufactured dwellings. (b) The Department of Consumer and Business Services shall develop and make a standard disclosure available to dealers and distributors. The disclosure shall be completed in writing by the dealer or distributor prior to sale of an affected manufactured dwelling. The dealer or distributor shall present a completed disclosure to the purchaser for signature at the time of sale and provide a copy of the signed disclosure to the purchaser. The dealer or distributor shall retain the signed disclosure for not less than five years following the date of sale. [1975 c.546 6; 1989 c.648 26; 1991 c.226 8; 1997 c.205 6; 1999 c.59 124; 2019 c.422 12]
[1999 c.758 6; 2019 c.411 1; 2019 c.422 13; 2021 c.18 5; renumbered 197.746 in 2021]
The Department of Consumer and Business Services may impose a civil penalty for a violation of ORS 446.003 to 446.200 or 446.225 to 446.285 or rules adopted or orders issued for the administration or enforcement of those sections. The department shall impose a civil penalty authorized by this section as provided in ORS 455.895. [2001 c.411 2]
The Residential and Manufactured Structures Board shall serve in an advisory capacity to the Director of the Department of Consumer and Business Services in promulgating, administering and enforcing the plan for the administration and enforcement of the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383) and safety standards pursuant to ORS 446.003 to 446.200, 446.225 to 446.285, 446.310 to 446.350 and 446.395 to 446.420. [1975 c.546 8; 1981 c.371 1; 1987 c.414 22a; 1989 c.527 7; 1989 c.648 28; 1991 c.226 10; 1993 c.744 56a; 1995 c.251 8; 2005 c.621 1; 2009 c.567 30]
To assist the Director of the Department of Consumer and Business Services in administration and enforcement of the National Manufactured Housing Construction and Safety Standards Act of 1974, and safety standards pursuant to ORS 446.003 to 446.200, 446.225 to 446.285, 446.310 to 446.350 and 446.395 to 446.420, the Residential and Manufactured Structures Board may approve or conduct programs of training and education that maintain and advance the professional skills and abilities of persons engaged in manufacturing, delivery, installation, sale or service of manufactured dwellings. [1987 c.604 14; 1989 c.648 29; 1991 c.67 119; 1991 c.226 11; 1993 c.744 57; 2009 c.567 31; 2019 c.422 14]
As used in ORS 446.310 to 446.350, unless the context requires otherwise: (1) "Authority" means the Oregon Health Authority. (2) "Camping vehicle" means either a vacation trailer or a self-propelled vehicle or structure equipped with wheels for highway use and that is intended for human occupancy and is being used for vacation and recreational purposes, but not for residential purposes, and is equipped with plumbing, sink or toilet. (3) "Construction" means work regulated by the state building code as defined in ORS 455.010. (4) "Director" means the Director of the Oregon Health Authority. (5) "Health official" means a local public health administrator as defined in ORS 431.003. (6) "Hostel" means any establishment having beds rented or kept for rent on a daily basis to travelers for a charge or fee paid or to be paid for rental or use of facilities and that is operated, managed or maintained under the sponsorship of a nonprofit organization that holds a valid exemption from federal income taxes under the Internal Revenue Code of 1954 as amended. (7) "Organizational camp" includes any area designated by the person establishing, operating, managing or maintaining the same for recreational use by groups or organizations that include but are not limited to youth camps, scout camps, summer camps, day camps, nature camps, survival camps, athletic camps, camps that are operated and maintained under the guidance, supervision or auspices of religious, public and private educational systems and community service organizations. (8) "Picnic park" means any recreation park that is for day use only and provides no recreation vehicle or overnight camping spaces. (9) "Recreation park" means any area designated by the person establishing, operating, managing or maintaining the same for picnicking, overnight camping or use of recreational vehicles by the general public or any segment of the public. "Recreation park" includes but is not limited to areas open to use free of charge or through payment of a tax or fee or by virtue of rental, lease, license, membership, association or common ownership and further includes, but is not limited to, those areas divided into two or more lots, parcels, units or other interests for purposes of such use. (10) "Regulating agency" means, with respect to a tourist facility, the Oregon Health Authority. (11) "Tourist facility" means any travelers accommodation, hostel, picnic park, recreation park and organizational camp. (12) "Travelers accommodation" includes any establishment, which is not a hostel, having rooms, apartments or sleeping facilities rented or kept for rent on a daily or weekly basis to travelers or transients for a charge or fee paid or to be paid for rental or use of facilities. [1969 c.533 2; 1973 c.560 13; 1981 c.749 27; 1983 c.707 8; 1985 c.809 5; 1987 c.414 23; 1997 c.259 1; 2001 c.900 194; 2005 c.22 316; 2009 c.595 812; 2015 c.736 91]
It is the public policy of this state to encourage construction of recreation parks by public agencies and private industry to satisfy the demand for outdoor recreation while establishing standards for recreationists and landowners so that these parks are maintained in a safe and sanitary condition. [1969 c.533 1]
(1) As used in this section: (a) "Landlord" means a tourist facility owner holding a license issued under ORS 446.320. (b) "Tenant" means a person, or a public body as defined in ORS 174.109, that: (A) Is not under common ownership, management or control with the landlord; (B) Rents or leases all or part of a tourist facility from a landlord for the purpose of operating an organizational camp, conference or other private gathering on one or more days during the term of the rental or lease; and (C) For the term of the rental or lease enjoys exclusive occupancy of the rented or leased part of the tourist facility. (2) The Oregon Health Authority shall adopt rules identifying duties under ORS 446.310 to 446.350 that a landlord may contractually delegate to a tenant for the term of the rental or lease of a tourist facility. The authority may adopt rules specifying the form and format to be used in a contract under which a landlord delegates a duty to a tenant, including but not limited to the manner of setting forth the delegated duty. (3) Notwithstanding ORS 446.320, if a contract delegates a duty identified in authority rules adopted under subsection (2) of this section and the contract form and format conforms with any specifications of the authority, the authority may not deny, suspend or revoke the tourist facility license of the landlord or issue the landlord a civil penalty under ORS 446.310 to 446.350, and the landlord may not be charged with a misdemeanor under ORS 446.990, due to: (a) A failure of the tenant to properly perform the delegated duty during the term of the rental or lease of the tourist facility; or (b) A failure of the landlord to inform the tenant of any delegated or nondelegated duty of the landlord or the tenant under ORS 446.310 to 446.350 or authority rules. (4) Subsection (3) of this section does not apply if the failure of a tenant to properly perform a delegated duty during the term of a rental or lease is due to a tourist facility condition already existing at the beginning of the term and constituting a nonconformance with ORS 446.310 to 446.350 or authority rules. [2015 c.223 2]
(1) No person shall establish, operate, manage or maintain a tourist facility, without a license from the Director of the Oregon Health Authority. (2) Organizational camps operated under rental or leasehold agreements may be licensed either to the landlord or to the tenant provided that the license holder shall be responsible for compliance with ORS 446.310 to 446.350 and the rules adopted thereunder. [1969 c.533 3; 1973 c.560 14; 1979 c.696 4; 1979 c.789 2a; 1983 c.707 9; 2009 c.595 813]
(1) Every applicant for a license under ORS 446.320 shall pay to the Oregon Health Authority a fee established by the authority by rule. The fee may not exceed $100, except that recreation parks shall pay an additional fee not to exceed $3 for each space. (2) Rules adopted pursuant to subsection (1) of this section shall be adopted in accordance with ORS chapter 183. [1983 c.707 12; 2005 c.22 317; 2009 c.595 814; 2019 c.510 1]
Upon receipt of a completed application on an Oregon Health Authority form, required fee, and after representation by the applicant that the facility is in compliance with the provisions of ORS 446.310 to 446.350, and the rules adopted pursuant thereto, and the requirements of the Department of Consumer and Business Services, the authority shall issue a license, unless there is reason to believe noncompliance exists. [1983 c.707 13; 1985 c.809 1; 1987 c.414 24; 1993 c.744 58; 1995 c.79 223; 2009 c.595 815]
(1) Any person failing to apply for licensing within 30 days after engaging in the recreation park or travelers accommodation business is delinquent and shall pay a penalty fee equal to the license fee plus the fee provided in ORS 446.321. (2) Any person, initially licensed under ORS 446.310 to 446.350 for engaging in the recreation park or travelers accommodation business who has failed to renew a license on or before the expiration date is delinquent. If delinquency extends 15 days past the expiration date, a penalty fee of 50 percent of the annual license fee shall be added. The penalty fee shall be increased by 50 percent of the license fee on the first day of each succeeding month of delinquency. (3) Licenses issued under ORS 446.310 to 446.350 shall not be transferable and no refund representing any unused portion of any license shall be made. [1983 c.707 14]
(1) If any applicant for licensing or any person to whom a license has been issued fails to comply with the provisions of ORS 446.310 to 446.350 or with the rules adopted pursuant thereto, the Oregon Health Authority may deny issuance of, suspend or revoke the license or assess a civil penalty. (2) Hearings on the denial, suspension or revocation of a license or on assessing a civil penalty shall be conducted as a contested case in accordance with ORS chapter 183. [1983 c.707 15; 2009 c.595 816]
(1) Persons and public bodies, as defined in ORS 174.109, that operate transitional housing accommodations under ORS 197.746, timber companies and private utilities may not establish or operate a recreation park without complying with the rules of the Oregon Health Authority and securing the approval of the Director of the Oregon Health Authority or designee but are exempt from the licensing requirement of ORS 446.320. The director or designee may delegate, to a health official having sufficient environmental health specialists, the authority to approve such recreation parks. (2) ORS 446.310 to 446.350 do not apply to: (a) Any structure designed for and occupied as a single family residence in which no more than two sleeping rooms are provided on a daily or weekly basis for the use of no more than a total of six travelers or transients at any one time for a charge or fee paid or to be paid for the rental or use of the facilities; (b) Any temporary camping sites used solely and incidentally in the course of backpacking, hiking, horseback packing, canoeing, rafting or other expedition, unless the expedition is part of an organizational camp program; or (c) Transitional housing accommodations. [1969 c.533 4; 1983 c.707 10; 1999 c.758 8; 2003 c.547 113; 2009 c.595 817; 2019 c.411 2]
In accordance with ORS chapter 183, the Oregon Health Authority may adopt any rules necessary for the administration of ORS 446.310 to 446.350 and 446.990, including but not limited to rules, concerning the construction, operation and use of tourist facilities that are necessary to protect the health and welfare of persons using these facilities. The rules shall pertain but not be restricted to water supply, final sewage disposal, surface drainage, maintenance, insect and rodent control, garbage disposal, designation and maintenance of camping space and the cleanliness of the premises. [1969 c.533 5; 1973 c.560 16; 1983 c.707 16; 1985 c.809 2; 2009 c.595 818]
(1) The Director of the Oregon Health Authority or designee may inspect every tourist facility to determine whether it conforms with ORS 446.310 to 446.350 and the rules adopted pursuant thereto. A person operating such facility shall permit the director or designee access to all of the facility at any reasonable time. (2) The operator of a seasonal facility which customarily is closed for 120 days or more in any 12-month period shall notify the director in writing of the intention to reopen at the beginning of a season. Notice shall be given at least 30 days prior to the reopening. [1969 c.533 6; 1973 c.560 17; 1983 c.707 17; 2009 c.595 819]
[1981 c.749 26; 1983 c.707 18; 1985 c.809 4; renumbered 456.837 and then 455.680 in 1987]
(1) The owner or operator of a recreation park or organizational camp is responsible for the sanitary condition of the park grounds and buildings. (2) If sanitary facilities are not provided in a recreation park or organizational camp for the safe disposal of sewage or other wastes from a camping vehicle, a notice shall be posted in a conspicuous place stating that camping vehicles are permitted overnight only if the vehicles waste holding tanks are used. (3) Notwithstanding ORS 446.330, the Oregon Health Authority shall not require an owner or operator of a recreation park or organizational camp to provide both toilets and dumping stations. [1969 c.533 7; 1973 c.560 18; 2009 c.595 820]
No person shall: (1) Use kitchen or toilet facilities in a camping vehicle being operated on a highway or parked overnight at a place where sanitary facilities are not provided unless the person makes provision whereby sewage and other waste materials can be held in watertight and sanitary containers of a type approved by the Oregon Health Authority. (2) Empty a container described in subsection (1) of this section except into a public sewerage system, septic tank or cesspool of a type approved by the authority. However, in isolated areas where space is not available in a recreation park or organizational camp and such facilities are not available, these containers may be emptied into the ground if all sewage and other waste materials are buried at least one foot below the surface of the ground. (3) When using a recreation park or organizational camp, create an insanitary condition or deposit putrescible or nonputrescible waste any place other than in appropriate containers designated for such purposes. [1969 c.533 8; 1973 c.560 19; 2009 c.595 821]
(1) In addition to any other penalty provided by law, any person who violates any rule of the Oregon Health Authority relating to the construction, operation or maintenance of a tourist facility or part thereof may incur a civil penalty not to exceed $1,000 per violation. (2) No civil penalty prescribed under subsection (1) of this section shall be imposed until the person incurring the penalty has received five days advance notice in writing from the authority or unless the person incurring the penalty shall otherwise have received actual notice of the violation not less than five days prior to the violation for which a penalty is imposed. [1983 c.707 25; 2009 c.595 822]
(1) The Director of the Oregon Health Authority shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. (2) The director may impose the penalty without hearing but only after the notice required by ORS 446.347 (2). In imposing a penalty pursuant to the schedule or schedules adopted pursuant to this section, the director shall consider the following factors: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (b) Any prior violations of statutes, rules, orders and permits pertaining to the water system. (c) The economic and financial conditions of the person incurring the penalty. (3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the Oregon Health Authority considers proper and consistent with the public health and safety. [1983 c.707 26; 2009 c.595 823]
(1) Any civil penalty under ORS 446.348 shall be imposed in the manner provided in ORS 183.745. (2) Failure to remit civil penalty within 10 days after the order becomes final is grounds for license revocation. (3) All amounts recovered under this section shall be paid into the State Treasury and credited to the General Fund. [1983 c.707 27; 1989 c.706 14; 1991 c.734 26]
The Tourist Facility Account is established in the General Fund of the State Treasury. All moneys received under ORS 446.310 to 446.350 by the Director of the Oregon Health Authority shall be credited to the Tourist Facility Account. All moneys in the account are appropriated continuously to the Oregon Health Authority for the purpose of administering and enforcing ORS 446.310 to 446.350. [1969 c.533 9; 1973 c.560 20; 1983 c.707 19; 2009 c.595 824]
[1989 c.482 1; renumbered 456.426 in 2019]
[1989 c.482 2; renumbered 456.429 in 2019]
[1989 c.482 3; renumbered 456.433 in 2019]
[2005 c.826 11; renumbered 456.422 in 2019]
(1) Except as provided by rule by the Director of the Department of Consumer and Business Services, an individual must obtain an installer license under ORS 446.400 before installing a manufactured dwelling or cabana. (2) An individual required by subsection (1) of this section to obtain a license shall comply with ORS 446.003 to 446.240 and 446.395 to 446.420 and Department of Consumer and Business Services rules adopted under ORS 446.003 to 446.240, 446.395 to 446.420 and 455.117. (3) Installer licenses may be issued only to individuals. (4) A person may not employ any individual to install a manufactured dwelling or cabana unless the individual is licensed by the department to perform the work and complies with ORS 446.003 to 446.240 and 446.395 to 446.420 and rules adopted under ORS 446.003 to 446.240, 446.395 to 446.420 and 455.117. (5) Licenses issued pursuant to ORS 446.395 to 446.420 and department rules adopted under ORS 455.117 are not transferable. [1989 c.683 3; 1991 c.226 12; 1993 c.744 59; 2005 c.758 8]
(1) The Department of Consumer and Business Services, subject to approval of the Residential and Manufactured Structures Board, shall issue licenses as provided by department rules adopted under ORS 455.117 to individuals to install manufactured dwellings and cabanas. The board may adopt classifications of installers including, but not limited to, temporary installer, limited installer and installer. (2) In determining the appropriate initial license and renewal fees for installers, the Director of the Department of Consumer and Business Services, with the approval of the board, shall ensure that the annual income to the department from license and renewal fees established under this section does not exceed one-third of the estimated total cost of administering and enforcing ORS 446.003 and 446.395 to 446.420. (3) Fees collected by the department pursuant to this section shall be deposited in the Consumer and Business Services Fund established by ORS 705.145 and are continuously appropriated to the department for use as provided in ORS 446.423. [1989 c.683 4; 1991 c.67 120; 1991 c.226 13; 1993 c.744 60; 1995 c.251 9; 2001 c.710 6; 2005 c.758 9; 2009 c.567 32]
(1) If a manufactured dwelling or cabana is not installed in accordance with the rules adopted under ORS 446.003 and 446.395 to 446.420, the owner of the manufactured dwelling or cabana, at the time of installation, may, within one year of the completion date of such installation, file a written complaint with the Department of Consumer and Business Services. The department shall provide a copy of the complaint to the installer and shall also notify the dealer, if any, that arranged for such installation and may then investigate the complaint. If the department determines that the installation fails to comply with licensure requirements as provided by ORS 446.003 and 446.395 to 446.420 or the installation rules adopted by the Director of the Department of Consumer and Business Services, the department shall provide notice of such failure to the installer and shall order the installer to bring the installation into compliance. (2) The director shall establish, by rule, fees and a procedure for inspection of manufactured dwellings and cabanas to carry out the provisions of this section. (3) If the installer fails to bring the installation into compliance as ordered, the department may suspend or revoke the installers license as provided under ORS 455.129. (4) If the installer fails to bring the installation into compliance, the department shall order the dealer, if any, that arranged for such installation to bring the installation into compliance with the provisions of ORS 446.003 and 446.395 to 446.420 and the rules adopted under ORS 446.003 and 446.395 to 446.420. The dealer is responsible to bring only those installation activities into compliance that the dealer arranged. The dealer shall have 30 days from the date of the order to bring the installation into compliance. If the dealer fails to bring the installation into compliance within 30 days of the date of the order, the dealer shall be subject to civil penalties as provided by ORS 446.416. (5) Hearings, penalties and appeals resulting from violation of this section shall be carried out in conformance with ORS 183.325 to 183.497 and this section. [1989 c.683 5; 1991 c.226 14; 1993 c.744 61; 2001 c.411 14; 2005 c.758 10; 2013 c.324 5]
Fees collected by the Department of Consumer and Business Services pursuant to ORS 446.003 and 446.395 to 446.420 shall be deposited in the Consumer and Business Services Fund established by ORS 705.145 and are continuously appropriated to the department for use as provided in ORS 446.423. [1989 c.683 6; 1993 c.744 62; 2001 c.411 15; 2001 c.710 7a]
The Department of Consumer and Business Services may impose a civil penalty for a violation of ORS 446.395 to 446.420 or rules adopted for the administration and enforcement of those sections. The department shall impose a civil penalty authorized by this section as provided in ORS 455.895. [2001 c.411 4]
An installer may not file a lien, or bring or maintain in any court of this state a suit or action, for compensation for the performance of any work requiring a license under ORS 446.003, 446.395 to 446.420 and 455.230 or for the breach of any contract for installation work which is subject to ORS 446.003, 446.395 to 446.420 and 455.230, unless the installer was: (1) Licensed under ORS 446.003, 446.395 to 446.420 and 455.230 at the time the installer bid or entered into the contract for performance of the work; and (2) Licensed continuously while performing the work for which compensation is sought. [1989 c.683 8]
Except as otherwise provided in ORS 455.220 (1), all moneys deposited to the Consumer and Business Services Fund that are derived pursuant to ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.661 to 446.756 and 455.220 (1) are continuously appropriated to the Department of Consumer and Business Services for carrying out any of the duties, functions and powers of the department under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646 and 446.661 to 446.756, and rules adopted thereunder. [2001 c.710 1; 2003 c.655 74a; 2003 c.675 7; 2017 c.364 2] Note: 446.423 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) The Director of the Oregon Health Authority shall delegate to any county board of commissioners which requests any of the duties and functions of the director under ORS 446.310, 446.320, 446.330 to 446.340, 446.345, 446.350 and 446.990 if the director determines that the county is able to carry out the rules of the Oregon Health Authority relating to fee collection, inspections, enforcement and issuance and revocation of permits and licenses in compliance with standards for enforcement by the counties and monitoring by the authority. The authority shall review and monitor each countys performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a county is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the authority for carrying out the duties and functions under this section. (2) The county may determine the amount of, and retain, any fee for any function undertaken pursuant to subsection (1) of this section. The amount of the fees shall not exceed the costs of administering the inspection program. The county, quarterly, shall remit 15 percent of an amount equal to the state licensing fee or 15 percent of the county license fee whichever is less, to the authority for consultation service and maintenance of the statewide program. (3) In any action, suit or proceeding arising out of county administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the authority, the authority shall be made a party to the action, suit or proceeding. [1973 c.560 21a; 1975 c.790 1; 1975 c.793 14; 1983 c.250 1; 1983 c.370 3; 1983 c.707 20; 2009 c.595 825; 2015 c.736 92]
(1) The Department of Consumer and Business Services shall delegate to any county board of commissioners or city governing body which requests any of the authority, responsibilities and functions of the department under ORS 446.062 if the department determines that the county or city is willing and able to carry out the rules of the department relating to fee collection, plan review, inspections, enforcement and issuance and revocation of permits in compliance with standards for enforcement by the counties or cities and monitoring by the department. Such standards shall be established by the department in consultation with the appropriate county or city officials and in accordance with ORS 446.062. The department shall review and monitor each countys or citys performance under this subsection. In accordance with ORS chapter 183, the department may suspend or rescind a delegation under this subsection. If it is determined that a county or city is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the department for carrying out the authority, responsibility and functions under this section. (2) The county or city may determine the amount of, and retain, any fee for any function undertaken pursuant to subsection (1) of this section. The amount of the fees shall not exceed the costs of administering the inspection program. The county or city, quarterly, shall remit 15 percent of the collected fees to the department for monitoring county or city programs and for providing informational material necessary to maintain a uniform state program. (3) The department shall be made a party to any action, suit or proceeding arising out of county or city administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the department. [1983 c.707 20b; 1987 c.414 25; 1993 c.744 64]
Neither ORS 446.003 to 446.140 nor 446.310 to 446.350 apply to: (1) Any structure designed for and occupied as a single family residence in which no more than two sleeping rooms are provided on a daily or weekly basis for the use of no more than a total of six travelers or transients at any one time for a charge or fee paid or to be paid for the rental or use of the facilities; or (2) Any temporary camping sites used solely and incidentally in the course of backpacking, hiking, horseback packing, canoeing, rafting or other such expedition, unless such expedition is a part of an organizational camp program. [1981 c.650 4] Note: 446.435 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) The provisions of ORS 100.005 to 100.910 may be applied to a mobile home or manufactured dwelling park as defined in this chapter. (2) Notwithstanding the provisions of subsection (1) of this section a mobile home or manufactured dwelling park is not a condominium for purposes of local zoning and planning provisions. [1987 c.459 40; 1989 c.648 30] Note: 446.440 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
[1989 c.918 2; 2005 c.619 24; 2019 c.625 15; renumbered 456.407 in 2019]
[1989 c.918 3; 1999 c.676 28; 2007 c.71 134; 2007 c.906 43; 2015 c.217 2; 2019 c.533 2; 2019 c.625 17,23; renumbered 456.418 in 2019]
[1989 c.918 4; 2007 c.217 3; 2019 c.625 3; renumbered 456.414 in 2019]
[1989 c.918 8; 1995 c.28 1; 1997 c.577 45; 1999 c.676 29; 2003 c.21 3; 2005 c.22 318; 2007 c.906 9; 2019 c.625 4; renumbered 456.403 in 2019]
[1989 c.918 10; 2019 c.625 16; renumbered 90.769 in 2019]
As used in ORS 446.566 to 446.646: (1) Except as provided in subsection (2) of this section, "manufactured structure" means: (a) A manufactured dwelling. As used in this paragraph, "manufactured dwelling" has the meaning given that term in ORS 446.003 and also includes a structure that would meet the definition in ORS 446.003 except that the structure is being used for other than residential purposes. (b) A prefabricated structure, as defined in ORS 455.010, that is relocatable and more than eight and one-half feet wide. (2) "Manufactured structure" does not include a mobile modular unit as defined in ORS 308.866 or an implement of husbandry as defined in ORS 801.310. [2003 c.655 8; 2019 c.422 15; 2019 c.585 10a] Note: 446.561 to 446.646 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
The following information must be recorded on the ownership document issued for a manufactured structure by the Department of Consumer and Business Services: (1) All ownership interests, for a manufactured structure sold in this state. (2) A change in location, for a manufactured structure that has been sited in this state. (3) The manufactured structure identification number as described by department rule. (4) The manufacturers name and, if available, the model of the manufactured structure. (5) The identifying physical characteristics of the manufactured structure, including but not limited to the total square footage of the living area, type of siding, type of roof, number of bedrooms, number of bathrooms and types of heating and cooling. (6) If the ownership document is issued due to sale of the manufactured structure, the most recent sales price and date of sale for the manufactured structure. (7) Any other information required by department rule. [2003 c.655 9; 2007 c.502 1] Note: See note under 466.561.
(1) Except as provided in this subsection, if a manufactured structure is purchased from or otherwise acquired through a manufactured structure dealer, the dealer shall provide the information described in ORS 446.566 (3) to (7) to the Department of Consumer and Business Services. A manufactured structure dealer is not required to provide the information to the department if the dealer complies with an instruction from the purchaser to provide the information to a lender, escrow agent, title company or other designee of the purchaser. A lender, escrow agent, title company or other designee of the purchaser that receives the information described in ORS 446.566 (3) to (7) from a manufactured structure dealer shall provide the information to the department. However, the provision of information described in ORS 446.566 (3) to (7) to the purchaser does not excuse a manufactured structure dealer from the duty to provide the information to the department. (2) If the manufactured structure is sold by or otherwise acquired through a person other than a manufactured structure dealer, the information described in ORS 446.566 (3) to (7) shall be provided to the department: (a) By the seller if title is being transferred by a sale; (b) By the person to whom the ownership interest is being transferred if title is being transferred by operation of law; or (c) By the owner if the owner will have a recorded ownership interest in the manufactured structure after issuance of the ownership document. [2007 c.502 3] Note: See note under 446.561.
(1)(a) Except as provided in paragraph (b) of this subsection, the owner of a manufactured structure shall apply to the Department of Consumer and Business Services for an ownership document. Upon receipt of an application in appropriate form as described in ORS 446.736 (2), the Department of Consumer and Business Services shall issue an ownership document for a manufactured structure. Except as provided in ORS 308.875, a manufactured structure for which an ownership document is issued is subject to assessment and taxation as personal property under the ad valorem tax laws of this state. (b)(A) For a new manufactured structure, except as provided in subparagraph (C) of this paragraph, the application must be filed on behalf of the owner by the manufactured structure dealer as provided in ORS 446.736, by a lender or by an escrow agent as provided in ORS 446.591. (B) For a used manufactured structure, except as provided in subparagraph (C) of this paragraph, the owner must file the application with the county assessor for the county in which the manufactured structure is sited. (C) If a dealer, lender or escrow agent refuses to file an application as required by subparagraph (A) of this paragraph, or if a county assessor refuses to accept an application in appropriate form as required by subparagraph (B) of this paragraph, the owner may file an application for an ownership document directly with the department. (2) The department shall maintain ownership records on manufactured structures for which the department has issued ownership documents. The department shall maintain a record of ownership documents or other documents evidencing ownership that have been canceled. (3) The department shall note all security interests in the manufactured structure on the ownership document and in the records maintained by the department pursuant to subsection (2) of this section. The recording of the security interests in the records maintained by the department is constructive notice of the interests. (4) 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 of the structure. The department shall also send a copy of the ownership document to the county assessor for the county in which the manufactured structure is being sited. (5) If an interest in a manufactured structure other than an ownership interest is satisfied or assigned, the holder of the interest shall notify the department. If the holder of the satisfied interest is in possession of the ownership document for the structure, the holder shall return the ownership document to the department. The department shall adjust the ownership document and send the adjusted ownership document and copy as described in subsection (4) of this section. [2003 c.655 11] Note: See note under 446.561.
(1) Notwithstanding ORS 446.566 and 446.571, the following manufactured structures do not require an ownership document and need not be recorded in county deed records: (a) Manufactured structures owned by the United States Government. (b) Manufactured structures held as inventory by the manufacturer or a licensed manufactured structure dealer. (c) Manufactured structures exempted under ORS 446.621 (2). (2) Notwithstanding ORS 446.566 and 446.571, an ownership document is not required for a manufactured structure recorded in the county deed records as provided in ORS 446.626. [2003 c.655 10] Note: See note under 446.561.
The Department of Consumer and Business Services shall adopt rules to provide for the transference of an ownership document for an abandoned manufactured structure to a landlord pursuant to ORS 90.425 or 90.675 and ORS 446.616 (2). [2003 c.655 12] Note: See note under 446.561.
As used in ORS 446.586 to 446.606: (1) "Holder or other person" means the manufactured structure owner or other person having an interest in the structure as indicated in the records of the Department of Consumer and Business Services. (2) "Last-known address" means: (a) The address of a holder or other person that is the intended recipient of a notice described in ORS 446.591 (4) as set forth in an ownership document, financing statement or other documentation; (b) If the address for the intended recipient of the notice is not shown on a document or statement, the address of the intended recipients principal place of business; or (c) If the address for the intended recipient of the notice is not shown on a document or statement and the intended recipient does not have a principal place of business, the address of the intended recipients residence. [2003 c.655 13] Note: See note under 446.561.
An ownership application, information described in ORS 446.736 or an ownership document or other document evidencing ownership and any release thereon under ORS 446.571, 446.616 or 446.641 does not need to be submitted to the Department of Consumer and Business Services as a condition for the department recording an ownership interest in a manufactured structure if all of the following conditions are met: (1) The transaction involves the sale of a manufactured structure or the creation or transfer of a security interest in a manufactured structure and is processed by an escrow agent licensed in this state. (2) Debt secured by a security interest in the manufactured structure has been or will be paid in full by the escrow agent as part of the agents processing of the transaction. (3) The escrow agent sends the written notice, in the form described in ORS 446.596, at least 30 days prior to the application for issuance of a replacement or original ownership document or for changes to an ownership document. (4) The escrow agent mails a notice described in ORS 446.596 to the holder or other person that is responsible for furnishing the application information, ownership document, other document evidencing ownership, or release of interest, and mails a copy of the notice to any person who has perfected a security interest under ORS chapter 79 in the inventory of a dealer selling the structure. (5) The escrow agent provides the Department of Consumer and Business Services with an application as provided by department rule for an ownership document. The application must be signed by the transferee, if any, and contain any information required by the department, including but not limited to the following information: (a) A description of the manufactured structure, including the identification number as described by department rule. (b) The name of the transferee, if any. (c) A recital that the escrow agent did not receive the requested documents and did not receive a written objection from the holder or other person. [2003 c.655 14] Note: See note under 446.561.
The escrow agent shall send the notice under ORS 446.591 (4) by certified mail with return receipt requested and by first class mail, both with postage prepaid, to the last-known address of the holder or other person responsible for furnishing the documents and of any person having a perfected security interest. The notice must: (1) Contain a description of the manufactured structure, including the year of manufacture, the make and the identification number as described by rule of the Department of Consumer and Business Services; (2)(a) State that the debt or other obligation owed to the holder or other person has been paid and satisfied and specify the date and amount of the final payment; or (b) State that at or prior to the time that the security interest or other interest of the holder or other person in the manufactured structure is terminated, the escrow agent will fully pay and satisfy the debt or other obligation owed to the holder or other person; (3) State that, unless the escrow agent receives the appropriate documents within 30 days after the notice is received by the owner or other person responsible for providing or releasing the documents, an application for issuance of a replacement or original ownership document or for changes to an ownership document will be made to the Department of Consumer and Business Services as described in ORS 446.591 (5); and (4) State that, if the escrow agent receives from the holder or other person a written objection to provision or release of the requested documents, the escrow agent will not apply for the issuance or replacement of or changes to the ownership document unless the objection is withdrawn or the escrow agent receives the documents from the holder or other person. [2003 c.655 15] Note: See note under 446.561.
(1) The Department of Consumer and Business Services shall treat an application described in ORS 446.591 (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 (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.
(1) An escrow agent may not provide an application to the Department of Consumer and Business Services under ORS 446.591 (5) if the agent has received a written objection in response to the notice provided under ORS 446.596. (2) An escrow agent may charge the person owning the manufactured structure under the replacement ownership document a reasonable fee for services provided in compliance with ORS 446.591 and 446.596. (3) In addition to any other remedy provided by law, a person may bring an action against an escrow agent for damages sustained by the person due to the negligence or willful misconduct of the escrow agent in complying with ORS 446.591 and 446.596. [2003 c.655 17] Note: See note under 446.561.
(1)(a) Except as provided in paragraph (b) of this subsection, the exclusive means for perfecting a security interest in a manufactured structure that has an ownership document is by application for and notation of the security interest in the manufactured structure ownership document records of the Department of Consumer and Business Services. The application to have a security interest noted may be included as part of the application for issuance of an original ownership document. The department shall record the date of receipt of an application to have a security interest noted on the ownership document. The security interest is perfected as provided in ORS 79.0311 upon the departments entering the security interest in the records maintained by the department under ORS 446.571. The department shall note the interest on a new or updated ownership document and send the document as provided in ORS 446.571. A security interest perfected under this section continues in effect until released by the holder of the interest. (b) Paragraph (a) of this subsection does not apply if the debtor who granted the security interest is in the business of selling manufactured structures and the structure constitutes inventory held for sale or lease. The filing provisions of ORS 79.0501 to 79.0528 apply to security interests in manufactured structures described in this paragraph. (2) The department shall issue or update an ownership document to reflect a security interest described in subsection (1)(a) of this section and note the interest in the manufactured structure ownership document records maintained by the department. The department shall deliver the ownership document to the holder of the earliest perfected unreleased security interest in the manufactured structure or, if none, to the owner of the structure. The department shall also send a copy of the ownership document to the county assessor for the county in which the manufactured structure is being sited. (3) If the department cancels an ownership document because the manufactured structure is recorded in the deed records of a county, the department shall notify the county assessor of any unreleased security interest recorded in the departments record for the manufactured structure. The county assessor shall record the security interest information for the structure in the deed records. (4) If a manufactured structure is recorded in the deed records of a county prior to the recording of a security interest, the recording of a security interest in the county deed records satisfies the requirement in ORS 72A.3095 that the security interest be recorded as a mortgage on real estate and is effective as a financing statement perfecting the security interest in the structure as provided in ORS 79.0502 (3). (5) If a manufactured structure ceases to be exempt from the ownership document requirement, upon recording the termination of the exemption in the deed records, the county assessor shall notify the department of any unreleased interest shown on the deed record for the manufactured structure. The department shall note the security interest information on the ownership document issued by the department. [2003 c.655 18] Note: See note under 446.561.
(1) Except as otherwise provided in subsection (2) or (3) of this section, upon the transfer of any interest in a manufactured structure shown on an ownership document, each person whose interest is released, terminated, assigned or transferred shall acknowledge the release, termination, assignment or transfer of that interest in a manner specified by the Department of Consumer and Business Services by rule. The department shall design the rules adopted for purposes of this subsection to protect the interests of all parties to the transfer of interest. (2) Notwithstanding subsection (1) of this section: (a) In the case of a transfer of an interest by operation of law, the personal representative, receiver, trustee, sheriff, landlord or other representative or successor in interest of the person whose interest is transferred shall file the acknowledgment described in subsection (1) of this section. The representative or successor shall also provide the transferee with information satisfactory to the department concerning all facts entitling the representative or successor to transfer the interest. If there is no person to transfer the interest, the person to whom interest is awarded or otherwise transferred is responsible for providing the information concerning the persons entitlement to the interest. (b) In the case of a transfer at death of the interest of the owner or security interest holder of the manufactured structure, if the estate is not being probated and ownership is not being transferred under the provisions of ORS 114.547, an interest in the manufactured structure may be assigned through the use of an affidavit. The affidavit must be on a form prescribed by the department and signed by all of the known heirs of the person whose interest is being transferred, and shall state the name of the person to whom the ownership interest has been passed. If any heir has not arrived at the age of majority or is otherwise incapacitated, the parent or guardian of the heir shall sign the affidavit. (c) In the case of a transfer at death of the interest of the owner or security interest holder where transfer occurs under ORS 114.547, the affiant, as defined in ORS 114.505, is the person required to assign interest. (d) A security interest holder, without the consent of the owner, may assign interest of the holder in a manufactured structure to a person other than the owner without affecting the interest of the owner or the validity or priority of the interest. A person who is not given notice of the assignment is protected in dealing with the security interest holder as the holder of the interest until the assignee files notice of the interest with the department as provided in ORS 446.571. This paragraph does not exempt an assignment of interest from the acknowledgment requirement under subsection (1) of this section. (e) If an interest in a manufactured structure is transferred pursuant to an application under ORS 446.591 (5), the recital by the escrow company that no written objections were received constitutes both a release, termination, assignment or transfer of interest and an acknowledgment by the person whose interest is released, terminated, assigned or transferred. (3) Subsection (1) of this section does not apply to a transfer of a security interest where the security interest holder is a financial institution, a financial holding company or a bank holding company, as those terms are defined in ORS 706.008, a licensee under ORS chapter 725, or any subsidiary or affiliate of any of the foregoing and the transfer of the interest of the security interest holder: (a) Results from the merger, conversion, reorganization, consolidation or acquisition of the security interest holder; or (b) Is to an entity that is a member of the same affiliated group as the security holder. [2003 c.655 19; 2019 c.165 28] Note: See note under 446.561.
(1) A certificate of title for a manufactured structure issued by the Department of Transportation prior to May 1, 2005, is effective as a document evidencing ownership of the manufactured structure. If the manufactured structure does not have a title pursuant to ORS 308.855 or 308.860 (1969 Replacement Part), a tax record showing that a person has paid the ad valorem tax assessment on the structure since 1972 is a document evidencing the persons ownership of the structure. (2) The owner of a manufactured structure described in subsection (1) of this section is not required to obtain an ownership document for the structure unless the structure is moved or sold. Except as provided in subsections (3) and (5) of this section, upon the moving or sale of a manufactured structure described in subsection (1) of this section, the owner shall submit the document evidencing ownership of the structure to the Department of Consumer and Business Services as provided in ORS 446.631 and 446.641. Upon receipt of the document, the department shall enter the information regarding the manufactured structure in the departments records and issue an ownership document for the structure. (3) If the owner of a manufactured structure has misplaced a certificate of title, the Department of Consumer and Business Services may require the person to provide proof sufficient to satisfy the department concerning any questions about the ownership of the manufactured structure or security interests in the structure. The proof required by the department may include, but is not limited to, completion of an affidavit that: (a) Is in a form required by the department by rule; (b) Contains any information the department requires by rule as necessary to establish ownership of the manufactured structure or to determine any security interests in the structure; and (c) Is verified by the person making the affidavit. (4) The Department of Consumer and Business Services is not liable to any person for issuing an ownership document based on proof provided under subsection (3) of this section. (5) The movement or sale of a manufactured structure described in subsection (1) of this section does not require the owner to obtain an ownership document if: (a) The move or sale will qualify the manufactured structure for recording in the deed records of a county under ORS 446.626; and (b) The person who will own the structure after the move or sale files an affidavit with the Department of Consumer and Business Services prior to the move or sale stating that the person will apply within 25 business days after completion of the move or sale to have the manufactured structure recorded in the county deed records. (6) ORS 803.220 does not apply to a certificate of title for a manufactured structure issued by the Department of Transportation. (7) If the Department of Consumer and Business Services issues an ownership document for a manufactured structure that was previously issued a certificate of title by the Department of Transportation, the Department of Consumer and Business Services shall record in the departments records and note on the ownership document any unreleased secured interest that was noted on the certificate of title. A secured interest described in this subsection retains the original perfection date of the interest, but provides the same creditor rights and remedies available for a secured interest in personal property perfected under ORS 446.611 (1). [2003 c.655 20,146(2)] Note: See note under 446.561.
(1) The owner of a manufactured structure that qualifies under this subsection may apply to the county assessor to have the structure recorded in the deed records of the county. The application must be on a form approved by the Department of Consumer and Business Services. The application must include a description of the location of the real property on which the manufactured structure is or will be sited. If the structure is being sold by a manufactured structure dealer, the dealer may file the application on behalf of the owner within the time described in ORS 446.736 (7). A manufactured structure qualifies for recording in the deed records if the owner of the structure: (a) Also owns the land on which the manufactured structure is located; (b) Is the holder of a recorded leasehold estate of 20 years or more if the lease specifically permits the manufactured structure owner to record the structure under this section; or (c) Is a member of a manufactured dwelling park nonprofit cooperative formed under ORS 62.800 to 62.815 that owns the land on which the manufactured structure is located. (2) If the assessor, as agent for the department, determines that the manufactured structure qualifies for recording in the deed records of the county, the assessor shall cause the structure to be recorded in the deed records. The deed records must contain any unreleased security interest in the manufactured structure. If the department has issued an ownership document for the manufactured structure, the owner must submit the ownership document to the assessor with the application described in subsection (1) of this section. Upon recording the manufactured structure in the deed records, the assessor shall send the ownership document to the department for cancellation. The department shall cancel the ownership document and send confirmation of the cancellation to the assessor and the owner. (3) The recording of a security interest in the deed records of the county under this section satisfies the requirements for filing a financing statement for a fixture to real property under ORS 79.0502. The recording of a manufactured structure in the deed records of the county is independent of the assessment and taxation of the structure as real property under ORS 308.875. The recording of a manufactured structure in the deed records of the county makes the structure subject to the same provisions of law applicable to any other building, housing or structure on the land. However, the manufactured structure may not be sold separately from the land or leasehold estate unless the owner complies with subsection (4) of this section. (4) The owner of a manufactured structure that is recorded in the deed records of the county may apply to have the structure removed from the deed records and an ownership document issued for the structure. Unless the manufactured structure is subject to ORS 446.631, the owner must apply to the county assessor, as agent for the department, for an ownership document as provided in ORS 446.571. Upon approval of the application, the assessor shall terminate the recording of the manufactured structure in the deed records. (5) If a manufactured structure described in subsection (1)(b) or (c) of this section is recorded in the deed records, the owner of the structure has a real property interest in the manufactured structure for purposes of: (a) Recordation of documents pursuant to ORS 93.600 to 93.802, 93.804, 93.806 and 93.808; (b) Deed forms pursuant to ORS 93.850 to 93.870; (c) Mortgages, trust deeds and other liens pursuant to ORS chapters 86, 87 and 88; and (d) Real property tax collection pursuant to ORS chapters 311 and 312. The structure owner is considered the owner of the real property for purposes of assessing the structure under ORS 308.875. [2003 c.655 21; 2005 c.4 1; 2005 c.22 320; 2009 c.609 9; 2015 c.27 48] Note: See note under 446.561.
(1) A person may not move a manufactured structure to a different situs unless the Department of Consumer and Business Services approves the move and the county assessor issues a trip permit on behalf of the department. An application to move a manufactured structure must be filed in the manner and form required by department rule and include the following: (a) The ownership document or, if an ownership document does not exist, another document acceptable to the department evidencing ownership of the structure or, if the structure is recorded in the deed records of the county, the property description for the current and proposed situses for the structure. (b) The identity of the owner of the proposed situs or, if the proposed situs is a facility as defined in ORS 90.100, the name of the facility. (c) Any other information required by the department by rule. (2)(a) Except as provided in paragraph (b) of this subsection, the department may not approve an application to move a manufactured structure to a situs in another county unless all taxes and special assessments for the current year that will become a lien against the structure prior to the move as described in ORS 311.405 and all delinquent taxes and special assessments for past years are paid. (b) A purchaser or landlord may obtain a trip permit from the county assessor without payment if the county cancels the taxes and assessments as provided in ORS 90.425 or 90.675. (3) If the assessor cannot compute the exact amount of taxes due, the owner shall pay an amount based on the current assessed value of the manufactured structure or the value that would be used on the next assessment roll, or an amount based on the assessors best estimate of the total taxes and assessments. ORS 311.370 applies to taxes and assessments collected under this section. (4) If the county assessor determines that all due or pending taxes and assessments have been paid, the assessor may issue a trip permit on behalf of the department and shall forward the application information to the department. The department shall update the departments record for the manufactured structure and issue an updated ownership document for the structure indicating the change in information. If no ownership document exists for the manufactured structure, the department shall record the information for the structure and issue an ownership document. (5) The department shall deliver an ownership document updated or issued under subsection (4) of this section to the holder of the earliest perfected unreleased security interest in the manufactured structure or, if none, to the owner of the structure. The department shall also send a copy of the ownership document to any other holders of unreleased security interests in the structure and to the county assessor for the county in which the structure is to be sited. (6) The Department of Consumer and Business Services or a county may charge fees for services provided under this section. The fees charged pursuant to this subsection may not exceed the cost of the services provided. (7) Subsections (1) to (6) of this section do not apply to the movement of a manufactured structure described under ORS 446.576 (1)(a) or (b) or 446.736. [2003 c.655 22; 2005 c.22 321] Note: See note under 446.561.
(1) For a new manufactured structure, the manufactured structure dealer must obtain the trip permit on behalf of the owner. If the dealer fails to obtain the trip permit prior to the scheduled moving date, the vehicle transporter must obtain the trip permit on behalf of the owner. (2) For a used manufactured structure, the owner must obtain a trip permit from the county assessor for the county in which the manufactured structure is sited. (3) Notwithstanding subsections (1) and (2) of this subsection, if a dealer or vehicle transporter refuses to obtain a trip permit as required by subsection (1) of this section, or if a county assessor refuses to issue a trip permit to an owner who has complied with ORS 446.631, the owner may apply directly to the Department of Consumer and Business Services for a trip permit. (4) The department may issue trip permits in bulk to a manufactured structure dealer or vehicle transporter. [2003 c.655 22a] Note: See note under 446.561.
(1) If a person sells an ownership interest in a manufactured structure for which there is an ownership document issued under ORS 446.611 or a structure described in ORS 446.621 (1) to (6), the seller shall give notice of the sale to the county assessor for the county in which the structure is sited. (2) The sellers notice must be on a form approved by the Department of Consumer and Business Services. Information required by the form must include, but need not be limited to: (a) The identities of the seller and the purchaser; (b) Any change in the security interest in the structure resulting from the transaction; and (c) For each holder of an unreleased security interest: (A) A signed statement recorded on the ownership document for the manufactured structure acknowledging that the interest holder is aware of the sale; or (B) Documentation satisfactory to the department showing that acknowledgment by the holder was requested but the holder has not responded. (3) The seller shall submit the following with the notice: (a) The ownership document or other document evidencing ownership of the manufactured structure. (b) A copy of the bill of sale. (c) Documentation satisfactory to the county assessor that all taxes, special assessments and other charges placed on the tax roll that have been certified for collection under ORS 311.105 and 311.110, all taxes in homestead deferral as described under ORS 311.666 to 311.701 and all delinquent taxes and special assessments for past years are paid or have been canceled. (4) The county assessor shall forward the information contained in the notice and the ownership document or other document evidencing ownership to the department. The department shall update the ownership document for the manufactured structure or, if no ownership document exists, enter the information in the departments records and issue an ownership document for the structure. (5) The department shall deliver an ownership document updated or issued under subsection (4) of this section to the holder of the earliest perfected unreleased security interest in the manufactured structure or, if none, to the owner of the structure. The department shall also send a copy of the ownership document to the county assessor. (6) A transfer of ownership of a manufactured structure by operation of law is a sale of the manufactured structure for purposes of this section. (7) Notice given to a county assessor under subsection (1) of this section is not an instrument of conveyance. (8) If a seller does not give a notice of sale to the county assessor within 30 days after closing of the sale of a manufactured structure, a buyer may submit a notice of sale to the assessor if the notice is accompanied by proof of sale acceptable to the department as provided by rule. Upon receipt of a notice of sale and acceptable proof of sale, the assessor shall forward the information to the department as provided in subsection (4) of this section. Submission of a notice of sale by a buyer does not excuse a seller from civil penalty under ORS 455.895 for a violation of subsection (1) of this section. [2003 c.655 23; 2007 c.502 4] Note: See note under 446.561.
(1) The Department of Consumer and Business Services may adopt rules necessary for carrying out the duties, functions and powers of the department under ORS 446.566 to 446.646. (2) Except as provided in subsection (4) of this section, the department shall adopt appropriate fees to cover the cost of services rendered under ORS 446.566 to 446.646 by the department and by a county as agent for the department. The department may not vary the fee for issuance or renewal of an ownership document, or for removal of a manufactured structure from the ownership document system, based upon the applicants status as an owner, dealer or escrow agent. (3) A county carrying out functions under ORS 446.566 to 446.646 related to manufactured structure ownership documents and trip permits is an agent of the department with regard to those functions. (4) Unless the department adopts a different fee pursuant to subsection (2) of this section, the fee amount: (a) For issuance of an ownership document is $55. (b) For issuance of a trip permit is $5. [2003 c.655 23a] Note: See note under 446.561.
As used in ORS 446.661 to 446.756: (1) "Dealer" has the meaning given that term in ORS 446.003. (2) "Insured institution" has the meaning given that term in ORS 706.008. (3) "Manufactured dwelling" has the meaning given that term in ORS 446.003. (4) "Manufactured structure" means: (a) A manufactured structure, as defined in ORS 446.561; or (b) A recreational vehicle, as defined in ORS 174.101, that is more than eight and one-half feet wide. [2003 c.655 24; 2011 c.166 2; 2019 c.585 11a] Note: 446.661 to 446.756 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
The Department of Consumer and Business Services: (1) Shall adopt reasonable rules for regulating manufactured structure dealers and dealerships and maintaining accurate records of manufactured structure ownership and location. The rules may include, but need not be limited to, rules governing the issuance, renewal, suspension, revocation or cancellation of licenses issued under ORS 446.691 and 446.696 and for temporary or limited manufactured structure dealer licenses issued under ORS 446.701 or 446.706, rules for placement of dealers on probation under ORS 446.741, rules establishing standards of practice and conduct for manufactured structure dealers and rules for processing transfers of interests in manufactured structures. (2) May inspect manufactured structure dealer records and manufactured structures in the possession of a dealer for purposes of administering and enforcing ORS 446.661 to 446.756 and rules of the department. (3) May examine an application for a manufactured structure dealer license and make an individual investigation relative to statements contained in the application. (4) May adopt rules regulating manufactured dwelling salespersons, including but not limited to rules governing the ability to engage in the occupation of manufactured dwelling salesperson. [2003 c.655 25] Note: See note under 446.661.
(1) Except as provided in ORS 446.676, a person commits the crime of acting as a manufactured structure dealer without a license if the person does not have a valid, current manufactured structure dealer license issued under ORS 446.691 or 446.696 or a temporary or limited manufactured structure dealer license issued under ORS 446.701 or 446.706 and the person: (a) Sells, brokers, trades or exchanges a manufactured structure, or offers to sell, trade or exchange a manufactured structure, either outright or by means of any conditional sale, consignment or otherwise; (b) Displays a new or used manufactured structure for sale; or (c) Acts as an agent for the owner of a manufactured structure to sell the structure or for a person interested in buying a manufactured structure to buy the structure. (2) Acting as a manufactured structure dealer without a license is a Class A misdemeanor. [2003 c.655 26; 2005 c.22 322] Note: See note under 446.661.
ORS 446.671 does not apply to the following manufactured structures or persons: (1) A unit of government or a public or private utility. (2) The owner of a manufactured structure, as shown by a document evidencing ownership issued by any jurisdiction if the person owned the manufactured structure for personal, family or household purposes. If the person sells, trades, displays or offers for sale, trade or exchange two or more manufactured structures during a calendar year, the person has the burden of proving that the person owned the structures primarily for personal, family or household purposes. (3) A conservator, receiver, trustee, personal representative or public officer while performing any official duties. The exemption provided by this subsection applies to actions taken for the purposes of winding up the affairs of a manufactured structure dealer or dealership and not to the continuing operation of a dealership. (4) A real estate licensee representing a buyer or seller in a transaction involving real property under ORS 308.875 or a manufactured structure that is recorded in the deed records of a county. (5) An escrow agent making an application for an ownership document as described under ORS 446.591 (5). (6) The security interest holder of a manufactured structure as shown by a document evidencing ownership issued by any jurisdiction. (7) The sale of a manufactured structure by the manufacturer to a manufactured structure dealer. However, a manufacturer must obtain a manufactured structure dealer license under ORS 446.691 in order to sell manufactured structures to retail customers. (8) An insurance adjuster authorized to do business under ORS 744.515 or 744.521 who is disposing of a manufactured structure for salvage. (9) A person who sells or trades or offers to sell or trade a manufactured structure that has been used in the operation of the persons business unless the persons business is the buying, selling, brokering, trading or exchanging of manufactured structures, displaying new or used manufactured structures for sale or acting as agent for an owner selling a manufactured structure or for a person interested in buying a manufactured structure. (10) A person who is licensed as a manufactured structure dealer in another jurisdiction and is participating in a temporary exhibition of manufactured structures, if the exhibition includes at least two other manufactured structure dealers licensed in this state or another jurisdiction, lasts 10 days or less and charges admission to the public. An exemption may be claimed under this subsection for a total of not more than 10 days during a calendar year. (11) A person who receives no money, goods or services, either directly or indirectly, for displaying a manufactured structure or acting as an agent in the selling or buying of a manufactured structure. (12) A manufactured dwelling park or mobile home park owner that consigns a manufactured structure for sale by a licensed manufactured structure dealer. (13) The sale of an abandoned manufactured dwelling by a manufactured dwelling park owner pursuant to ORS 90.675 (10) if the park owner makes a reasonable effort to transfer the title for the manufactured dwelling to the purchaser. (14) A licensed real estate broker acting in the employ of, on behalf of or under the supervision of an individual who is both a licensed principal real estate broker and a licensed manufactured structure dealer. (15) A financial institution or trust company acting as attorney in fact under a duly executed power of attorney from the owner or purchaser authorizing the selling, leasing or exchanging of the owners or purchasers assets. As used in this subsection, "financial institution" and "trust company" have the meanings given those terms in ORS 706.008. [2003 c.655 27; 2007 c.319 29; 2019 c.151 40] Note: See note under 446.661.
The Department of Consumer and Business Services may petition a circuit court for an injunction or other relief against a person dealing in manufactured structures in violation of ORS 446.671. If the court grants the petition, the court shall award reasonable costs and disbursements and attorney and enforcement fees. [2003 c.655 42] Note: See note under 446.661.
(1) If the Department of Consumer and Business Services proceeds under ORS 446.681 or 455.895, the department may post a notice on any manufactured structure held in inventory by a person alleged to be acting as a manufactured structure dealer without a license. The notice must state that the person offering the manufactured structure for sale is currently the subject of a proceeding to determine whether the person has a manufactured structure dealer license and that it may be unlawful for the person to sell the manufactured structure to a retail customer. (2) A person may remove a notice posted in accordance with subsection (1) of this section only upon authorization by the department. The department shall authorize removal within 10 days after any one of the following occurs: (a) The dismissal or termination of the proceeding instituted under ORS 446.681 or 455.895; (b) Full payment of any lawfully owing civil penalty and compliance with ORS 446.661 to 446.756; or (c) A finding by the department or a court that the manufactured structure is being offered for sale by a licensed manufactured structure dealer or a person who is exempt from the licensing requirement under ORS 446.676. [2003 c.655 43] Note: See note under 446.661.
The Director of the Department of Consumer and Business Services shall issue a manufactured structure dealer license to an applicant if the applicant: (1) Delivers to the director a bond or letter of credit that meets the requirements under ORS 446.726; (2) Provides evidence acceptable to the director that the applicant obtained a corporate surety bond as provided in ORS 86A.227 if the applicant employs or intends to employ a mortgage loan originator, as defined in ORS 86A.200, or is otherwise subject to ORS 86A.200 to 86A.239; (3) Certifies to the director in a form and manner the director specifies by rule that the applicant has independently verified that every individual the applicant or licensee hired or intends to hire as a mortgage loan originator meets the requirements set forth in ORS 86A.200 to 86A.239 and in ORS 86A.186; (4) Pays the fee specified in ORS 446.721 for issuance of a manufactured structure dealer license; and (5) Completes the application for a dealer license in a form approved by the director that includes: (a) The name and residence address of the applicant. If the applicant is a firm or partnership, the application must include the names and residence addresses of the members of the firm or partnership. If the applicant is a corporation, the application must include the names and residence addresses of the principal officers of the corporation and the name of the state in which the corporation is incorporated. (b) The name under which the business will be conducted. (c) The street address, including city and county in Oregon, where the business will be conducted. (d) A statement that indicates whether the applicant handles used manufactured structures. (e) An affidavit from the applicant showing that the applicant will act as a manufactured structure dealer and will conduct business at the location given on the application. (f) If the street address where the dealer will conduct the business is in a residential zone, a statement by the dealer that all manufactured structures sold or displayed at that address will meet any architectural and aesthetic standards regulating the placement of manufactured structures in that residential zone. (g) Information the director requires to efficiently regulate manufactured structures, manufactured structure dealers and dealerships or other relevant information the director requires. (h) If the applicant will offer for sale new manufactured structures that are recreational vehicles greater than eight and one-half feet in width, an affidavit from the applicant stating that the applicant will maintain a recreational vehicle service facility for those recreational vehicles at a street address provided in the application. [2003 c.655 28; 2009 c.863 29] Note: See note under 446.661.
A manufactured structure dealer license is valid for three years, but the Director of the Department of Consumer and Business Services may adjust the term of an initial license for the purpose of establishing uniform expiration dates. A dealer may renew a license as provided by the director. The director may renew a license only if the dealer: (1) Delivers to the director a bond or letter of credit that meets the requirements under ORS 446.726. (2) Provides evidence acceptable to the director that the dealer obtained a corporate surety bond as provided in ORS 86A.227 if the dealer employs or intends to employ a mortgage loan originator, as defined in ORS 86A.200, or is otherwise subject to ORS 86A.200 to 86A.239. (3) Certifies to the director in a form and manner the director specifies by rule that the dealer has independently verified that every individual the dealer hired or intends to hire as a mortgage loan originator meets the requirements set forth in ORS 86A.200 to 86A.239 and in ORS 86A.186. (4) Pays the fee specified in ORS 446.721 for renewal of a manufactured structure dealer license. (5) Submits a completed application for renewal in a form approved by the director that includes: (a) The name and residence address of the dealer. If the dealer is a firm or partnership, the application must include the names and addresses of the members of the firm or partnership. If the dealer is a corporation, the application must include the names and addresses of the principal officers of the corporation and the name of the state in which the corporation is incorporated. (b) The name under which the business will be conducted. (c) The street address, including city and county in Oregon, where the business will be conducted. (d) If the location of the dealership is being changed at the time of renewal: (A) For a business that will be conducted in a residential zone, a statement by the dealer that all manufactured structures sold or displayed at that address will meet any architectural and aesthetic standards regulating the placement of manufactured structures in that residential zone. (B) For a business that will offer for sale new manufactured structures that are recreational vehicles greater than eight and one-half feet in width, a certificate from the applicant stating that the applicant will maintain a recreational vehicle service facility for those recreational vehicles at a street address provided in the application. (e) Information the director requires to efficiently regulate manufactured structure dealers and dealerships or other relevant information the director requires. [2003 c.655 29; 2009 c.863 30] Note: See note under 446.661.
(1) If a licensed manufactured structure dealer dies or becomes incapacitated, the Department of Consumer and Business Services may issue a temporary manufactured structure dealer license to the executor, administrator or personal representative of the estate of the dealer or to an agent of the dealer approved by the department. A temporary license issued under this subsection expires after six months, but the department may extend the license for good cause. The department may not extend a temporary license if the license has been suspended or the licensee placed on probation by the department. (2) A person issued a temporary manufactured structure dealer license must deliver to the department a bond or letter of credit that meets the requirements under ORS 446.726. A bond or letter of credit covering a license term of less than one year must be for the sum otherwise required for each year a license is valid and must be renewed if the term is extended. The temporary manufactured structure dealer is responsible for ensuring that, during the term of the temporary license, the dealership and its employees comply with ORS 446.661 to 446.756 and rules adopted thereunder. This subsection does not relieve a manufactured structure dealer licensed under ORS 446.691 or 446.696 from liability for a violation arising out of actions or omissions by the dealer. (3) Notwithstanding ORS 446.731: (a) Issuance of a temporary manufactured structure dealer license does not, by itself, affect the rights or interests of any creditors of the dealer in dealership assets or inventory. (b) Issuance or expiration of a temporary license is not a transfer of interest for purposes of ORS 446.736. (4) A person obtaining a temporary manufactured structure dealer license must pay the applicable fee specified in ORS 446.721 for issuance of a temporary manufactured structure dealer license. [2003 c.655 29a] Note: See note under 446.661.
(1) A person who holds a limited manufactured structure dealer license issued under this section may sell during a calendar year up to 10 manufactured dwellings located at a manufactured dwelling park identified in the license. The manufactured dwellings sold under a limited manufactured structure dealer license must be dwellings that: (a) Have been abandoned as described in ORS 90.675 at any manufactured dwelling park. If the manufactured dwelling is not subject to sale by the limited manufactured structure dealer under ORS 90.675 (10), the dealer must have the certificate of title or registration for the dwelling transferred to the dealer prior to offering the dwelling for sale; or (b) Have been purchased by the park owner from a person holding title, and at the time of purchase by the park owner, were sited in the manufactured dwelling park identified in the license. (2) Notwithstanding ORS 90.525, if a limited manufactured structure dealer sells a manufactured dwelling that was abandoned at a manufactured dwelling park other than the park where the dwelling is being sold, the sale terms for the manufactured dwelling must require that the dwelling is to be sited under a rental agreement at the park where sold for at least 12 months following the sale. (3) Except as provided in ORS 446.741, the Director of the Department of Consumer and Business Services shall issue a limited manufactured structure dealer license to a person if the person: (a) Owns or operates a manufactured dwelling park as defined in ORS 446.003; (b) Submits a completed application for a limited manufactured structure dealer license in a form approved by the director; (c) Delivers to the director a bond or letter of credit that meets the requirements under ORS 446.726, except that the bond or letter of credit must be in the sum of $15,000 for each year that the license is valid; (d) Delivers to the director a corporate surety bond that meets the requirements specified in ORS 86A.227 if the person employs or intends to employ a mortgage loan originator, as defined in ORS 86A.200, or is otherwise subject to ORS 86A.200 to 86A.239; (e) Certifies to the director in a form and manner the director specifies by rule that the person has independently verified that every individual the person hired or intends to hire as a mortgage loan originator meets the requirements set forth in ORS 86A.200 to 86A.239 and in ORS 86A.186; (f) Is 18 years of age or older or is legally emancipated; and (g) Pays the fee specified in ORS 446.721 for issuance of a limited manufactured structure dealer license. (4) If the person is a firm or partnership, the application for a limited manufactured structure dealer license must include the names and residence addresses of the members of the firm or partnership. If the person is a corporation, the application must include the names of the principal officers of the corporation and residence addresses of the officers and the name of the state under whose laws the corporation is organized. If the person is the owner of a manufactured dwelling park, the person may submit a joint application on behalf of the person and a named park operator employed by the person. If the person is the operator of a manufactured dwelling park, the application must include the name and signature of the park owner. (5) A limited manufactured structure dealer license is valid for use at a single manufactured dwelling park. The manufactured dwelling park location must be specified in the license application. A limited manufactured structure dealer may not employ a salesperson. (6) A limited manufactured structure dealer license is valid for two years, but the director may adjust the term of an initial license for the purpose of establishing uniform expiration dates. (7) Notwithstanding subsection (6) of this section, the limited manufactured structure dealer license for the person expires immediately if the person ceases to be an operator or owner of the manufactured dwelling park at which the license may be used. The owner of a manufactured dwelling park shall immediately notify the director if a person licensed under this section ceases to be an owner or operator of a manufactured dwelling park at which the license may be used. (8) Notwithstanding subsections (6) and (7) of this section, if a licensed person ceases to be an operator of the manufactured dwelling park, the park owner may apply to have a corrected license issued to a new operator employed by the owner. A corrected license issued under this subsection is valid for the unexpired portion of the original license term. The director shall charge the fee specified in ORS 446.721 for issuing a corrected license. (9) A limited manufactured structure dealer may renew a license as provided by the director. The director shall renew a license only if the dealer: (a) Submits a completed application for renewal in a form approved by the director; (b) Delivers to the department a bond or letter of credit that meets the requirements described in subsection (3) of this section; and (c) Pays the fee specified in ORS 446.721 for renewal of a limited manufactured structure dealer license. [2003 c.655 29b; 2009 c.863 31] Note: See note under 446.661.
(1) In addition to any other requirement for issuance or renewal of a manufactured structure dealer license, the Department of Consumer and Business Services, by rule, may adopt education and testing requirements as a condition for issuance or renewal of a license described in ORS 446.691. (2) A person may satisfy a requirement adopted under subsection (1) of this section by taking an appropriate educational program or test offered by an accredited educational institution, private school, correspondence school or nonprofit organization and approved by the department. (3) If a dealer is a firm, partnership or corporation, the dealer satisfies a requirement adopted under subsection (1) of this section if a manager or other person exercising significant control over the daily sales activities of the dealership meets the education and testing requirements. (4) The department may not require education or testing of a manufactured structure dealer if the dealer possesses a license issued under ORS chapter 696. This subsection does not prohibit voluntary participation in education and testing. [2003 c.655 29c] Note: See note under 446.661.
(1) A licensed manufactured structure dealer may open additional places of business under the same business name by obtaining a supplemental license from the Department of Consumer and Business Services. If the dealer will operate the additional place of business under a different business name than that indicated on an existing dealer license, the dealer must apply for a dealer license for the additional place of business instead of for a supplemental license. (2) A manufactured structure dealer may move a place of business or change a business name by obtaining a corrected dealer license from the department. The department shall prescribe the form for application for a corrected license. For purposes of this subsection, "place of business" includes a recreational vehicle service facility. (3) The department may refuse to issue a dealer license if a manufactured structure dealer license issued to the dealer by another jurisdiction is in suspended, revoked or probationary status in that jurisdiction. This subsection does not authorize the department to refuse a supplemental license or corrected license. (4) A dealer obtaining or renewing a dealer license, supplemental license or corrected license must pay the applicable fee specified in ORS 446.721. [2003 c.655 30] Note: See note under 446.661.
(1) The fee for issuance or renewal of a manufactured structure dealer license under ORS 446.691 is $542. (2) The fee for issuance or renewal of a supplemental license under ORS 446.716 is $90 for each additional place of business. (3) The fee for issuance or renewal of a corrected dealer license under ORS 446.716 or corrected limited manufactured structure dealer license under ORS 446.706 is $30. (4) The fee for issuance of a temporary manufactured structure dealer license under ORS 446.701 is $100. (5) The fee for issuance or renewal of a limited manufactured structure dealer license under ORS 446.706 is $150. (6) Fees adopted pursuant to this section are not subject to proration or refund. (7) Fees collected by the Department of Consumer and Business Services under this section must be deposited in the Consumer and Business Services Fund. Moneys deposited into the fund pursuant to this section are continuously appropriated to the department for use as provided in ORS 446.423. [2003 c.655 32; 2007 c.71 135] Note: See note under 446.661.
(1) A bond or letter of credit required to qualify for issuance or renewal of a manufactured structure dealer license under ORS 446.691 or 446.696 or a temporary manufactured structure dealer license under ORS 446.701 must comply with the following requirements: (a) The bond must have a corporate surety licensed to do business within this state. A letter of credit must be an irrevocable letter of credit issued by an insured institution. (b) The bond or letter of credit must: (A) Be executed to the State of Oregon; (B) Be in the sum of $40,000 for each year the license is valid; (C) Be in a form approved by the Director of the Department of Consumer and Business Services; (D) Be conditioned that the dealer will conduct the manufactured structure dealership without fraud or fraudulent representation and without violating any statute or rule relating to manufactured structure dealers, manufactured structure dealerships, transfers of interests in manufactured structures, alteration of manufactured structures or moving manufactured structures; (E) Be separate from any bond or letter of credit covering business activities other than dealing in manufactured structures; and (F) Be filed and held by the director. (2) The surety or institution shall notify the director if the bond or letter of credit is canceled for any reason. The surety or institution continues to be liable under the bond or letter of credit until the director receives the notice required by this subsection, or until the cancellation date specified in the notice, whichever is later. (3) If the license of a manufactured structure dealer is not renewed or is voluntarily or involuntarily canceled, the surety on the bond and the issuer of the letter of credit are relieved from liability that accrues after the director cancels the license. (4) The manufactured structure dealer shall purchase a bond or letter of credit under this section annually on or before each anniversary of the issuance of the dealers license. (5) A retail customer has a right of action against a manufactured structure dealer, against the surety on the dealers bond and the issuer of a letter of credit if the retail customer suffers any loss or damage by reason of the manufactured structure dealers fraud, fraudulent representations or violations of statutes relating to: (a) Transfer of interests in manufactured structures; (b) Moving manufactured structures; (c) The alteration of manufactured structures; or (d) The regulation of manufactured structure dealers and manufactured structure dealerships. [2003 c.655 33; 2003 c.655 34; 2011 c.166 3] Note: See note under 446.661.
A person who has a current, valid manufactured structure dealer license issued under ORS 446.691 or 446.696 or a temporary manufactured structure dealer license under ORS 446.701: (1) Is considered the owner of manufactured structures manufactured or dealt in by the dealer before sale and delivery of the manufactured structures, and the owner of all manufactured structures in the dealers possession. (2) Is not subject to the recreational vehicle dealer requirements in ORS chapter 822 when dealing in manufactured structures that are recreational vehicles greater than eight and one-half feet in width. [2003 c.655 36] Note: See note under 446.661.
(1) Except as provided in subsection (7) of this section, a manufactured structure dealer who transfers an interest in a manufactured structure shall: (a) Submit to the Department of Consumer and Business Services an application for an ownership document on behalf of the purchaser; or (b) If the purchase is being financed, submit sufficient information to a lender to allow the lender to make an application to the department for an ownership document. (2) An application under subsection (1) of this section must be on a form approved by the department and include: (a) The year, manufacturers name, model if available and identification number for the manufactured structure. (b) Any existing ownership document for the structure or, if none, the manufacturers certificate of origin or other document evidencing ownership of the manufactured structure. (c) The legal description or street address for the proposed situs for the manufactured structure. (d) The identity of the owner of record for the location where the manufactured structure is being sited or, if the structure is being sited in a facility as defined in ORS 90.100, the name of the facility. (e) The name and mailing address of each person acquiring an ownership interest in the manufactured structure. (f) The name and mailing address of each person acquiring a security interest in the manufactured structure. (g) Any other information required by the department by rule for processing an application. (3) If a manufactured structure dealer is unable to comply with subsection (1) of this section, within 25 business days of the transfer the dealer shall provide a notice of delay to the security interest holder next named, if any, and the purchaser. The notice must contain: (a) The reason for the delay; (b) The anticipated extent of the delay; and (c) A statement of the rights and remedies available to the purchaser if the delay becomes unreasonably extended. (4) A manufactured structure dealer that fails to comply with this section is subject to revocation or suspension of the dealers license or being placed on probation by the Department of Consumer and Business Services pursuant to ORS 446.741. A dealer that fails to comply with subsection (1) of this section within 90 days is subject to criminal penalties under ORS 446.746 (1)(h). (5) Notwithstanding subsections (1) and (4) of this section, if a purchaser is not in compliance with the payment terms of a purchase agreement on the 20th calendar day after the transfer, the dealer is not required to perform under subsection (1) of this section until 25 calendar days after the purchaser is in compliance with the payment terms of the purchase agreement. This subsection does not excuse the duty of the dealer under subsection (3) of this section. (6) This section does not apply to a transfer of interest in a manufactured structure that is subject to an escrow transaction. (7) This section does not apply to a manufactured structure for which an application is filed under ORS 446.626 within 25 business days of the transfer. [2003 c.655 39; 2007 c.502 5] Note: See note under 446.661.
(1) The Director of the Department of Consumer and Business Services may revoke or suspend a manufactured structure dealer license, or place a dealer on probation, if the dealer does any of the following: (a) Commits an act that is grounds for suspension, revocation or probation under rules the director adopted. (b) Fails to comply with the requirements for notices or reports of the transfer of interest in manufactured structures. (c) Moves a manufactured structure or causes a manufactured structure to be moved without complying with the requirements for variance permits under ORS 818.200 and trip permits under ORS 446.631. (d) Knowingly provides false information on an application for a dealer license, supplemental license or corrected dealer license. (e) Deals in a manufactured structure that both before and after the sale is assessed as real property under ORS 308.875 or is recorded in the deed records of a county. This paragraph does not apply if an ownership document is issued for the manufactured structure prior to sale. (f) Employs a person in an administrative or managerial capacity while the person is disqualified under subsection (5) of this section. (g) Fails, in conducting activities of a mortgage loan originator, to comply with the provisions of: (A) The Truth in Lending Act, 15 U.S.C. 1601 et seq., and Regulation Z, 12 C.F.R. part 1026, as in effect on October 1, 2013; (B) The Real Estate Settlement Procedures Act, 12 U.S.C. 2601 et seq., and Regulation X, 12 C.F.R. part 1024, as in effect on January 1, 2013; (C) The Equal Credit Opportunity Act, 15 U.S.C. 1691 et seq., and Regulation B, 12 C.F.R. part 1002, as in effect on January 1, 2013; or (D) The S.A.F.E. Mortgage Licensing Act, 12 U.S.C. 5101 et seq., and Regulation H, 12 C.F.R. part 1008, as in effect on January 1, 2013. (h) Fails to certify to the director in a form and manner the director specifies by rule that the dealer has independently verified that every individual the dealer hired or intends to hire as a mortgage loan originator meets the requirements set forth in ORS 86A.200 to 86A.239 and ORS 86A.186. (i) Employs a device, scheme or artifice to defraud or engage in an act, practice or course of business that operates or would operate as a fraud or deceit. (j) Knowingly makes an untrue statement of a material fact or omits from a statement a material fact that would make the statement not misleading in light of the circumstances under which the dealer makes the statement. (k) Makes or files or causes to be made or filed with the director a statement, report or document that the dealer knows is false in a material respect or matter. (2) The director shall cancel a manufactured structure dealer license immediately upon receipt of legal notice that a bond described under ORS 446.726 or under ORS 86A.227 is canceled. (3) Upon suspension, revocation or cancellation of a manufactured structure dealer license under this section, the director shall demand the return of the license. (4) The director shall cancel a dealer license or supplemental license immediately upon receipt of notice that zoning approval for a place of business has been revoked. (5) If the director finds that a violation of subsection (1)(d), (i), (j) or (k) of this section has occurred, the director may issue an order under ORS chapter 183 disqualifying, for up to seven years after the date that the disqualification becomes effective: (a) The dealer whose license is revoked from: (A) Obtaining a license as a manufactured structure dealer; or (B) Working in an administrative or managerial capacity for a manufactured structure dealer. (b) Any other person whose acts or omissions were material to the events that were the basis for the violation from working in an administrative or managerial capacity for a manufactured structure dealer. (6) If a person who is subject to disqualification or who is disqualified under subsection (5) of this section elects to pay restitution to a customer whom the director finds suffered harm as a result of the violation of subsection (1)(d), (i), (j) or (k) of this section, the director may choose not to issue an order of disqualification to the person or may rescind a previously issued order of disqualification. (7) A person who applies for licensing as a manufactured structure dealer following a period of disqualification under subsection (5) of this section must meet the requirements for issuance of an initial manufactured structure dealer license. [2003 c.655 38; 2009 c.863 32; 2013 c.161 1] Note: See note under 446.661.
(1) A manufactured structure dealer improperly operates a manufactured structure dealership and is subject to the penalties under this section if the dealer commits any of the following crimes: (a) A manufactured structure dealer commits the crime of failure to obtain a supplemental license if the dealer has a manufactured structure dealer license and opens any additional place of business using the same business name without first obtaining a supplemental license under ORS 446.716. (b) A manufactured structure dealer commits the crime of failure to obtain a corrected dealer license if the dealer moves a place of business or changes the business name without first obtaining a corrected dealer license under ORS 446.716. (c) A manufactured structure dealer commits the crime of failure to maintain proper manufactured structure dealer records if the dealer does not keep records or books with all of the following information concerning a used manufactured structure the dealer handles: (A) A record of the purchase, sale or exchange or of the dealers receipt for purpose of sale. (B) A description of the manufactured structure. (C) The name and address of the seller, the purchaser and the alleged owner or other person from whom the manufactured structure was purchased or received or to whom it was sold or delivered. (D) A duly assigned ownership document or other document evidencing ownership or a bill of sale from the registered owner of the manufactured structure from the time of delivery to the dealer until the dealer disposes of the manufactured structure. (d) A manufactured structure dealer commits the crime of failure to allow administrative inspection if the dealer refuses to allow the Department of Consumer and Business Services to inspect the dealers records and manufactured structures in the possession of the dealer at any time during normal business hours. (e) A manufactured structure dealer commits the crime of failure to allow police inspection if the dealer refuses to allow a police officer to conduct an inspection of the dealers records and manufactured structures in the possession of the dealer at any time during normal business hours. (f) A manufactured structure dealer commits the crime of failure to exhibit the manufactured structure dealer license if the dealer fails to exhibit the license at the place of business of the dealer at all times while the license is in force. This paragraph does not apply to dealer activity at a temporary exhibition of manufactured structures. (g) A manufactured structure dealer commits the crime of failure to satisfy an interest in a manufactured structure if, within 15 days after transfer of any interest in a manufactured structure to the dealer by a person other than another manufactured structure dealer, or within 15 days after receiving the ownership document for a manufactured structure obtained from another manufactured structure dealer, the dealer fails to satisfy: (A) The interest of any person from whom the dealer purchased or obtained the manufactured structure; (B) The interest of any person from whom the person described in subparagraph (A) of this paragraph leased the manufactured structure; and (C) All security interests in the manufactured structure entered into prior to the time of transfer. (h) Except as provided in subsection (2) of this section, a manufactured structure dealer commits the crime of failure to report an interest transfer for a manufactured structure if, 90 calendar days after a transfer of interest that is subject to ORS 446.736, the dealer has failed to submit: (A) An application to the Department of Consumer and Business Services for an ownership document; or (B) Sufficient information to a lender to allow the lender to make an application to the department for an ownership document. (i) A person commits the crime of acting as a manufactured structure dealer while under suspension, revocation or cancellation if the person conducts business as a manufactured structure dealer in this state and the persons manufactured structure dealer license is revoked, canceled or suspended, regardless of whether the person is licensed as a manufactured structure dealer in another jurisdiction. (j) A manufactured structure dealer commits the crime of failure to maintain bond or letter of credit coverage if the dealer permits a bond or letter of credit to lapse during the period that the bond or letter of credit is required under ORS 446.691, 446.696 or 446.701 or if the dealer fails to purchase a bond or letter of credit that complies with ORS 446.726. (2) A dealer is not considered to have committed the crime described in subsection (1)(h) of this section if the dealer demonstrates that: (a) The dealer has made a good faith effort to comply; and (b) The dealers failure to make an application or provide information is due to circumstances beyond the dealers control. (3) The crimes described in this section are subject to the following penalties: (a) The crime described in subsection (1)(a) of this section, failure to obtain a supplemental license, is a Class A misdemeanor. (b) The crime described in subsection (1)(b) of this section, failure to obtain a corrected dealer license, is a Class A misdemeanor. (c) The crime described in subsection (1)(c) of this section, failure to maintain proper manufactured structure dealer records, is a Class A misdemeanor. (d) The crime described in subsection (1)(d) of this section, failure to allow administrative inspection, is a Class A misdemeanor. (e) The crime described in subsection (1)(e) of this section, failure to allow police inspection, is a Class A misdemeanor. (f) The crime described in subsection (1)(f) of this section, failure to exhibit the manufactured structure dealer license, is a Class A misdemeanor. (g) The crime described in subsection (1)(g) of this section, failure to satisfy an interest in a manufactured structure, is a Class A misdemeanor. (h) The crime described in subsection (1)(h) of this section, failure to report an interest transfer for a manufactured structure, is a Class A misdemeanor. (i) The crime described in subsection (1)(i) of this section, acting as a manufactured structure dealer while under suspension, revocation or cancellation, is a Class A misdemeanor. (j) The crime described in subsection (1)(j) of this section, failure to maintain bond or letter of credit coverage, is a Class A misdemeanor. [2003 c.655 37] Note: See note under 446.661.
(1) If the Director of the Department of Consumer and Business Services has reason to believe that a person has engaged, is engaging or is about to engage in a violation of ORS 446.661 to 446.756 or a rule adopted under ORS 446.661 to 446.756, the director may issue an order directed to the person to cease and desist from the violation or threatened violation. (2) The director may require a manufactured structure dealer, or a person associated with the manufactured structure dealer, to produce for the directors examination and use books, accounts, records, files, documents or other information or evidence as the director deems necessary to carry out the purposes of ORS 446.661 to 446.756. (3) The director may direct, subpoena, examine, compel the attendance of, administer oaths and affirmations to, and request production of books, accounts, records, files, documents or other information or evidence from witnesses and persons that are subject to regulation under ORS 446.661 to 446.756. (4) The director may interview, take and preserve testimony concerning business practices and operations from the manufactured structure dealers officers, principals, mortgage loan originators if applicable, employees, agents and customers or independent contractors associated with the manufactured structure dealer. [2011 c.166 4] Note: See note under 446.661.
(1) A manufactured structure dealer commits the crime of engaging in illegal consignment practices if the dealer does any of the following: (a) Takes a manufactured structure on consignment from a person who is not a licensed dealer and does not have proof that the consignor is the owner of, or a security interest holder in, the structure. (b) Takes a manufactured structure on consignment from a security interest holder without the security interest holder first completing a repossession action prior to consigning the structure and providing the dealer with proper documentary proof of the repossession action. (c) Takes a manufactured structure on consignment and does not have the terms of the consignment agreement in writing and provide a copy of the agreement to the consignor, unless the consignor is a security interest holder described in paragraph (b) of this subsection. The agreement must include a provision stating that, if the terms of the agreement are not met, the consignor may file a complaint in writing with the Department of Consumer and Business Services, Salem, Oregon. (d) Sells a manufactured structure that the dealer has on consignment and does not pay the consignor within 10 days after the sale. (e) Refuses to allow the department or any duly authorized representative to inspect and audit any records of any separate accounts into which the dealer deposits any funds received or handled by the dealer in the course of business as a dealer from consignment sales of manufactured structures at such times as the department may direct. (f) Takes any money paid to the dealer in connection with any consignment transaction as part or all of the dealers commission or fee until the transaction has been completed or terminated. (g) Does not make an arrangement with the seller for the disposition of money from a consignment transaction at the time of establishing a consignment agreement. (h) Sells a manufactured structure that the dealer has taken on consignment without first giving the purchaser the following disclosure in writing: ______________________________________________________________________________ DISCLOSURE REGARDING CONSIGNMENT SALE _________ (Name of Dealer) is selling the following described manufactured structure: _____ (Year) _____ (Make) _____ (Model) _____ (Identification Number) on consignment. Ownership of this manufactured structure is in the name of: _________ (Owner(s) as shown on the ownership document) and the following are listed on the ownership document as security interest holders: ______________________________________________________________________________ ______________________________________________________________________________ YOU SHOULD TAKE ACTION TO ENSURE THAT ANY SECURITY INTERESTS ARE RELEASED AND THAT THE OWNERSHIP DOCUMENT FOR THE MANUFACTURED STRUCTURE IS TRANSFERRED TO YOU. OTHERWISE, YOU MAY TAKE OWNERSHIP SUBJECT TO ANY UNSATISFIED SECURITY INTERESTS. ______________________________________________________________________________ (2) Engaging in illegal consignment practices is a Class A misdemeanor. [2003 c.655 40; 2005 c.22 323] Note: See note under 446.661.
(1) A person commits the crime of violation of a consigned manufactured structure transfer if the person consigns a manufactured structure to a manufactured structure dealer and the person fails or refuses to deliver the ownership document for the structure to the dealer or purchaser upon sale of the structure under consignment. (2) Violation of a consigned manufactured structure transfer is a Class A misdemeanor. [2003 c.655 41] Note: See note under 446.661.
(1) Any individual, or any director, officer, or agent of a corporation who knowingly and willfully violates ORS 446.003 to 446.200, 446.225 to 446.285 or 446.310 to 446.350 in a manner which threatens the health or safety of any purchaser commits a Class A misdemeanor. (2) Violation of ORS 446.345 is punishable upon conviction as a Class B misdemeanor. [Amended by 1953 c.490 21; 1953 c.490 18; 1959 c.562 15; 1959 c.683 33; 1959 c.314 20; 1967 c.598 3; 1969 c.533 10; 1973 c.560 21; 1973 c.833 39; 1974 c.36 13; 1975 c.546 15; 1983 c.707 21]
(1) The Department of Consumer and Business Services may impose a civil penalty as provided in ORS 455.895 for each violation, against a licensed manufactured structure dealer or against a person required by a rule adopted pursuant to ORS 446.666 to be licensed, if the dealer or person violates a provision of ORS 446.661 to 446.756 or a rule adopted by the department relating to the sale of manufactured structures. If the dealer authorizes a person licensed pursuant to ORS 446.666 to commit a violation, the dealer and person are both subject to civil penalty. Notwithstanding subsection (2) of this section, if a dealer expressly or by implication authorizes an act by a real estate agent described in ORS 446.676 (14) that is a violation, the dealer is subject to the civil penalty for the violation. (2) The department may impose a civil penalty, in an amount not to exceed $5,000 for each manufactured structure improperly sold, brokered or exchanged, or offered or displayed for sale, against a person that: (a) Violates a provision of ORS 446.661 to 446.756 or a rule adopted by the department relating to the sale of manufactured structures if the person does not possess a license required by ORS 446.671 or by rule pursuant to ORS 446.666; or (b) Violates a rule adopted by the department relating to the sale of manufactured structures if the person is exempt from licensing under ORS 446.676. [2003 c.655 47c] Note: 446.995 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
As used in ORS 447.010 to 447.156 and 447.992, unless the context requires otherwise: (1) "Board" means the State Plumbing Board established under ORS 693.115. (2) "Department" means the Department of Consumer and Business Services. (3) "Director" means the Director of the Department of Consumer and Business Services. (4) "Journeyman plumber" has the meaning given that term in ORS 693.010. (5) "Ordinary minor repairs" means the repair, replacement or maintenance of existing plumbing fixtures, appliances, appurtenances and related water supply and drain attachments for the purpose of restoring a plumbing installation to a safe and sanitary operating condition. (6) "Plumbing" is the art of installing, altering or repairing in or adjacent to or serving buildings: (a) Pipes, fixtures and other apparatus for bringing in the water supply and removing liquid and water-carried waste, including the water supply distributing pipes. (b) Fixtures and fixture traps. (c) Soil, waste and vent pipes. (d) House drain and house sewer to the sewer service lateral at the curb, or in the street, or alley, or other disposal terminal holding human or domestic sewage. (e) Storm water drainage, with their devices, appurtenances and connections. (f) Pipes, fixtures and other apparatus for medical gas, anesthetic waste gas and vacuum systems. (g) Solar heating and cooling systems. [Subsection (3) enacted as 1955 c.548 2; 1957 c.300 1; 1961 c.401 1; 1973 c.734 1; 1973 c.835 221; 1981 c.438 28; 1987 c.414 26; 1993 c.520 1; 1993 c.744 65; 1999 c.723 1; 2001 c.683 25]
(1) All installations of plumbing and drainage in buildings and structures in this state and all potable water supply, drainage, and waste installations, within or serving buildings or structures, except in temporary construction camps, and except as otherwise provided in ORS 447.010 to 447.156 and 447.992, shall be made in accordance with the requirements of ORS 447.010 to 447.156 and 447.992 and ORS chapter 455. (2) The Director of the Department of Consumer and Business Services with the approval of the State Plumbing Board shall make rules pursuant to ORS chapter 183 for the purpose of setting standards for plumbing and defining compliance with the provisions of ORS 447.010 to 447.156 and 447.992 particularly pertaining to installation of piping, protection and adequacy of the water supply, workmanship and materials, traps and cleanouts, domestic hot water storage tanks and devices, drinking fountains, solar heating and cooling systems, approval of devices, equipment and fixtures, hangers and supports, drainage and venting, house drains and house sewers, storm water drains, special wastes, light and ventilation of water closets and bathrooms, and excavation and grading. (3) The director shall appoint an adequate staff experienced and trained to serve as plumbing inspectors to enforce rules adopted under this section. [Amended by 1957 c.300 2; 1971 c.753 48; 1973 c.734 2; 1973 c.835 222; 1981 c.438 29; 1993 c.744 66; 2001 c.683 26]
Rules adopted under ORS 447.020 shall allow restaurants with an occupancy capacity of no more than 15 persons, including employees and patrons, to have only one toilet fixture and adjacent lavatory on the premises. [1979 c.390 4; 1981 c.438 30]
(1) All water pipe used to carry potable water sold in this state shall be clearly marked the entire length of pipe, at intervals of length set by the Director of the Department of Consumer and Business Services with the approval of the State Plumbing Board, with: (a) Identification of the manufacturer and the plant of origin; and (b) The manufacturing standard under which the pipe was made. (2) A label, shield or coding system may be used to identify the manufacturer, origin and manufacturing standard under which the pipe was made if the manufacturer has on file with the Department of Consumer and Business Services a notice describing the identification system used. [1979 c.535 3; 1981 c.438 31; 1991 c.19 1; 1993 c.744 67]
(1) A person may not work as a plumbing contractor, or advertise or purport to be a plumbing contractor, and a member or employee of a firm, partnership or corporation may not engage in the layout or superintending of plumbing installations, without having obtained the plumbing contractor license required under ORS 447.010 to 447.156 as provided by State Plumbing Board rules adopted under ORS 455.117. (2) A plumbing contractor license does not authorize the contractor to work as a journeyman plumber. [Amended by 1955 c.548 6; 1973 c.835 224; 2005 c.758 11]
(1) ORS 447.010 to 447.156 do not apply to a person: (a) Engaging in plumbing work when not so engaged for hire. (b) Using the services of regular employees in performing plumbing work for the benefit of property owned, leased or operated by the person. For purposes of this paragraph, "regular employee" means a person who is subject to the provisions of ORS 316.162 to 316.221 and who has completed a withholding statement or an exemption certificate required by ORS 316.162 to 316.221. (c) Using the services of an employee or contractor of a utility company, energy service provider or water supplier to install an approved low-flow showerhead or faucet aerator in existing plumbing fixtures. The devices installed under this paragraph are exempt from the certification, permit and inspection requirements of ORS 447.010 to 447.156 and ORS chapter 693. (d) Engaging in plumbing work on a recreational vehicle as defined by the State Plumbing Board by rule. (2) A landscape contracting business licensed under ORS 671.560 is not required to be licensed under ORS 447.010 to 447.156 to install, repair or maintain backflow assemblies for irrigation systems and ornamental water features if the work is performed by an individual who is licensed as required by ORS 671.615 and is an owner or employee of the landscape contracting business. The repair and maintenance of the backflow assembly must be performed by a tester certified under ORS 448.279. The licensing exemption established under this subsection does not exempt the landscape contracting business from the inspection and permit requirements of ORS 447.010 to 447.156. (3) This section applies to any person, including but not limited to, individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, this state, the federal government and state or federal agencies. [Amended by 1955 c.548 7; 1973 c.835 226; 1981 c.438 34; 1987 c.561 3; 1987 c.604 15; 1993 c.293 2; 2001 c.181 1; 2003 c.14 267; 2005 c.609 8; 2005 c.758 12a; 2007 c.541 3; 2017 c.364 9; 2019 c.134 11]
(1) Notwithstanding ORS 447.020, a person may not engage in the trade of installing solar heating and cooling systems unless the person possesses either a license as a journeyman plumber issued under ORS chapter 693 or a solar heating and cooling system installer license issued by the State Plumbing Board under ORS 693.111. (2) A license issued under ORS 693.111 does not authorize a person to connect a solar heating and cooling system to a potable water source. The connection of a solar heating and cooling system to a potable water source must be made only by a journeyman plumber licensed under ORS chapter 693. [2001 c.683 22; 2005 c.758 13] Note: 447.065 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 447 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. Note: Penalties for violations of 447.065 are set forth in 693.994.
A person carrying on, conducting or transacting a plumbing business may not maintain any suit or action in any of the courts of this state to recover for the performance of plumbing work without alleging and proving that the person was duly licensed as a plumbing contractor at the time of the work. [Amended by 1955 c.548 8; 1973 c.835 227; 2005 c.758 14]
Notwithstanding ORS 455.610, the Department of Consumer and Business Services, with the approval of the State Plumbing Board, shall adopt rules to create an exemption from permit and inspection requirements for ordinary minor repairs in low-rise residential dwellings and commercial structures when the board finds that the plumbing does not involve any changes or alterations of the existing plumbing system. The exemption from the permit: (1) May not include new construction or replacement of water heaters or underground plumbing; and (2) Shall be available only to licensed plumbing contractors or persons described under ORS 693.020. [1993 c.520 3; 1995 c.228 1; 2003 c.14 268; 2003 c.675 8; 2005 c.758 15]
Notwithstanding ORS 455.610, the Department of Consumer and Business Services, with the approval of the State Plumbing Board, shall adopt rules to create a mandatory inspection program for minor plumbing installations made by licensed plumbing contractors in low-rise residential dwellings. The rules adopted by the department shall: (1) Define the term "minor plumbing installations" in a manner that does not include new construction; (2) Designate which minor plumbing installations are under the inspection program; and (3) Provide for random inspection of minor plumbing installations. [1993 c.520 4; 1995 c.553 2b; 2003 c.675 9; 2005 c.758 16]
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. [Amended by 1955 c.548 9; 1963 c.47 1; 1973 c.834 31; 1973 c.835 228; 1985 c.590 1]
The Department of Consumer and Business Services or local government administering the plumbing specialty code adopted under ORS 447.020 (2) may, upon request of any sanitary district formed pursuant to ORS 450.005 to 450.245, sanitary authority established under ORS 450.600 to 450.989, or county service district established under ORS 451.410 to 451.610, contract for the inspection of building sewers constructed to connect a district sewage system if inspectors employed by such district are certified for sewer inspections under ORS 455.715 to 455.740. [1977 c.828 4]
(1) Rules adopted under ORS 447.020 shall provide a plumbing inspection fee schedule. The schedule shall establish inspection fees for inspections made by the Department of Consumer and Business Services under ORS 447.010 to 447.156, 447.992 and 455.610 to 455.630 based on the cost of making inspections as measured by the time required of the inspector. (2) Plumbing inspections may be made for other governmental units, upon request, pursuant to agreements entered into under ORS 190.003 to 190.620. [1973 c.734 8; 1981 c.438 35; 1993 c.397 1]
All moneys received by the Department of Consumer and Business Services under ORS 447.010 to 447.156 and 447.992 shall be disposed of in accordance with ORS 693.165. [1981 c.438 42]
(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]
As used in ORS 447.118 and 447.124, "compost toilet" means a permanent, sealed, water-impervious toilet receptacle screened from insects, used to receive and store only human wastes, urine and feces, toilet paper and biodegradable garbage, and ventilated to utilize aerobic composting for waste treatment. [1977 c.523 2]
(1) Nothing in ORS 447.010 to 447.156 and 447.992 shall prohibit the installation of a compost toilet for a dwelling by the occupant of the dwelling if the compost toilet complies with the minimum requirements established under this section. (2) Rules adopted under ORS 447.020 shall provide minimum requirements for the design, construction, installation and maintenance of compost toilets. (3) The Director of the Department of Consumer and Business Services with the approval of the State Plumbing Board may require by rule that, in addition to any other requirements provided by law, any manufacturer or distributor of a compost toilet and any person other than the owner of the dwelling in which the compost toilet is to be installed who proposes to install a compost toilet file with the Department of Consumer and Business Services a satisfactory bond, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or other security in an amount to be fixed by the department with approval of the board but not to exceed $5,000, conditioned that such bond, letter of credit or security shall be forfeited in whole or in part to the department for the purpose of carrying out the provisions of ORS 447.124 by failure of such manufacturer, distributor or person to comply with the rules adopted under this section. [1977 c.523 3; 1981 c.438 38; 1991 c.331 62; 1993 c.744 71; 1997 c.631 472]
For the purpose of enforcing ORS 447.118 and the rules adopted thereunder, the Department of Consumer and Business Services, with the assistance of the Oregon Health Authority: (1) May conduct periodic inspections of any compost toilet; (2) Upon making a finding that a compost toilet is in violation of the rules adopted pursuant to ORS 447.118 (2), may issue an order requiring the owner of the dwelling served by the compost toilet to take action necessary to correct the violation; and (3) Upon making a finding that a compost toilet presents or threatens to present a public health hazard creating an emergency requiring immediate action to protect the public health, safety or welfare, may issue an order requiring the owner of the dwelling served by the compost toilet to take any action necessary to remove such hazard or threat thereof. If such owner fails to take the actions required by such order, the department shall take such action, itself or by contract with outside parties, as necessary to remove the hazard or threat thereof. The department shall keep a record of all necessary expenses incurred by the department in carrying out such action, including a reasonable charge for costs incurred and equipment and materials utilized by the state. Any owner who fails to take action required by an order issued under this subsection shall be responsible for such necessary expenses incurred by the state. Based on the record compiled by the department, an owner responsible for expenses due to the failure of a manufacturer, distributor or person to comply with the rules adopted under ORS 447.118 (2) shall have a setoff against the bond or other security forfeited under ORS 447.118 (3) to the extent that such expenses are due to such failure of the manufacturer, distributor or person. The department shall make a finding and enter an order against the owner for the necessary expenses. Orders issued under this section may be appealed pursuant to ORS chapter 183 but not as a contested case. Any amount due the department under this subsection and not paid in full within 30 days after the order is entered, or, if the order is appealed, within 30 days after there is no further right to appeal, shall become a lien upon the dwelling of the owner. The department shall file a notice of the lien with the recording officer of the county in which the dwelling is located and the recording officer shall record the notice in a manner designed to appear in the mortgage records of the county. (4) The department may contract with any state or local agency for the purpose of carrying out the provisions of this section. [1977 c.523 4; 1983 c.740 167; 2009 c.595 826]
[1967 c.308 2,3,4; 1983 c.676 29; renumbered 480.557]
(1) All waste water and sewage from plumbing fixtures shall be discharged into a sewer system or alternate sewage disposal system approved by the Environmental Quality Commission or Department of Environmental Quality under ORS chapters 468, 468A and 468B. (2) No plumbing fixture, device or equipment shall be installed, maintained or offered for sale which will provide a cross-connection between the distributing system of water for drinking and domestic purposes and any other water supply, or a drainage system, soil or waste pipe so as to permit or make possible the backflow of contaminated water, sewage or waste into the water supply system. (3) No flush valve, vacuum breaker or syphon preventer shall be offered for sale or installed that has not been approved by the Department of Consumer and Business Services with the approval of the State Plumbing Board. (4) The use or installation of water-operated sump pumps or sewage ejectors, if connected to the potable water supply, is prohibited. (5) No pan, plunger, offset washout, washout, long hopper, frost proof or other water closets having invisible seals or unventilated spaces, or walls not thoroughly washed at each flushing, shall be installed or sold for use in any building. (6) No plumbing fixture, appurtenance or device, the installation of which would be in violation of the state plumbing specialty code and the rules of the department approved by the board shall be sold, offered for sale or installed. [Amended by 1955 c.548 10; 1961 c.545 1; 1973 c.835 231; 1981 c.438 39; 1993 c.744 72]
(1) All new fixtures approved for installation during construction, reconstruction, alteration and repair of buildings and other structures under ORS 447.020 shall comply with rules adopted by the Director of the Department of Consumer and Business Services. The rules shall be consistent with performance requirements and test procedures established by the American National Standards Institute, or other equivalent recognized North American standards and procedures. Except for used fixtures allowed under subsection (4) of this section, the average amount of water used by new or replacement fixtures under the applicable test procedures shall not exceed: (a) 1.6 gallons or 6.06 liters per flush for toilets; (b) 1.0 gallons or 3.785 liters per flush for urinals; (c) 2.5 gallons or 9.46 liters per minute for shower heads; and (d) 2.5 gallons or 9.46 liters per minute for interior faucets. (2) Notwithstanding subsection (1) of this section, the director by rule shall provide for exemptions to the requirements under subsection (1) of this section if: (a) The reconstruction, alteration or repair of a building does not include the installation of new or replacement toilets or urinals, shower heads or faucets within the building; (b) Due to the capacity, design or installation of the plumbing or sewage system within an existing building, toilets or urinals required by subsection (1) of this section would, if installed in the building, be unable to meet the performance requirements of the American National Standards Institute or other equivalent recognized North American standards as adopted by rule; (c) The fixtures and fittings necessary to perform a specialized function, including but not limited to emergency showers and aspirator faucets, cannot meet the requirements; (d) The installation of fixtures that do not comply with subsection (1) of this section is necessary to maintain the historic character of a structure listed under ORS 358.480 to 358.545; or (e) The fixtures and fittings to be installed are specifically designed to withstand unusual abuse or installation in a penal institution or are located in an area with special needs, such as a laboratory, hospital, nursing home or other health care facility. (3) No person shall sell or offer for sale any new toilet, urinal, shower head or faucet that has not been approved under ORS 447.020. (4) On or after December 31, 1995, no person shall sell or offer for sale any used toilet, urinal, shower head or interior faucet that does not meet the conservation standards established in subsection (1) of this section. (5) The director shall adopt rules and regulations for marking, labeling or otherwise identifying fixtures that meet the standards of this section. [1991 c.945 2,3,4,5; 1993 c.207 1; 2001 c.104 185; 2001 c.540 23]
In compliance with ORS chapter 183, the Director of the Department of Consumer and Business Services, with the approval of the State Plumbing Board, shall adopt rules, including but not limited to: (1) Governing minimum safety standards for design and construction of plumbing products to be sold or disposed of in this state. (2) Establishing procedures for certification of plumbing products. (3) Establishing criteria for approval of plumbing product testing laboratories and listing agencies, including but not limited to: (a) Independence from manufacturers, vendors and when applicable, testing laboratories; (b) Ethical testing and business standards; (c) Test quality control; (d) Continuity of monitoring continuing product safety; (e) Certification and listing procedures; and (f) Record keeping. (4) Providing for certified or listed product identification. (5) Establishing criteria for approval of a plumbing product by a special deputy similar to those rules established for testing laboratories. (6) Governing the internal organization and procedure for administering and enforcing ORS 447.152, 447.154 and 447.156 (1) and (2). [1993 c.396 3]
(1) The State Plumbing Board may, by rule, grant partial or complete exemptions from any of the provisions of ORS 447.010 to 447.156 and 455.010 to 455.740 to any plumbing product if it is determined that the plumbing product does not present a danger to the health and safety of the people of this state. (2) If the board grants an exemption pursuant to subsection (1) of this section the board may determine that the product may be installed by a person not licensed under ORS 693.010 to 693.105. [1993 c.396 4; 2005 c.758 17]
(1) Except as provided under ORS 447.154 and subsection (3) of this section, no person shall offer to sell, sell or dispose of, by gift or otherwise, in connection with the persons business an uncertified plumbing product. (2) The provisions of ORS 447.152, 447.154 and 447.156 do not apply to products determined by rule not to be plumbing products. (3) In addition to any other remedy provided by law, any person who purchases a plumbing product sold or disposed of in violation of ORS 447.152 may recover from a person violating subsections (1) and (2) of this section an amount equal to the purchase price of the plumbing product if the purchaser returns the plumbing product within 90 days from the date of purchase. [1993 c.396 2,5]
As used in ORS 447.210 to 447.280, unless the context requires otherwise: (1) "Affected buildings" includes any place of public accommodations and commercial facilities designed, constructed and altered in compliance with the accessibility standards established by the Americans with Disabilities Act. "Affected buildings" also includes any government building that is subject to Title II of the Americans with Disabilities Act. "Affected buildings" also includes private entities, private membership clubs and churches that have more than one floor level and more than 4,000 square feet in ground area or that are more than 20 feet in height, measured from the top surface of the lowest flooring to the highest interior overhead finish of the building. (2) "Americans with Disabilities Act" means the Americans with Disabilities Act of 1990 found at 42 U.S.C. section 12101 et seq. (3) "Architectural barriers" are physical design features that restrict the full use of affected buildings and their related facilities by persons with disabilities. (4) "Commercial facilities" includes nonresidential facilities, such as office buildings, factories and warehouses, whose operations affect commerce. (5) "Covered multifamily dwellings" means buildings consisting of four or more dwelling units if such buildings have one or more elevators, and ground floor dwelling units in other buildings consisting of four or more dwelling units. Dwelling units within a single structure separated by firewalls do not constitute separate buildings. (6) "Department" means the Department of Consumer and Business Services. (7) "Director" means the Director of the Department of Consumer and Business Services. (8) "Fair Housing Act" means the Fair Housing Act of 1968, as amended in 1988, found at 42 U.S.C. section 3604 et seq. (9) "Municipality" means a city, county or other unit of local government otherwise authorized by law to enact building codes. (10) "Private entities" means privately owned entities offering examinations or courses related to applications, licensing, certification or credentials for secondary or post-secondary education, professional or trade purposes. (11) "Public accommodations" means a facility whose operations affect commerce and fall within at least one of the following categories: (a) Places of lodging not including owner-occupied establishments renting fewer than six rooms; (b) Establishments serving food or drink; (c) Places of exhibition or entertainment; (d) Places of public gathering; (e) Sales or rental establishments; (f) Service establishments; (g) Public transportation terminals, depots or stations; (h) Places of public display or collection; (i) Places of recreation; (j) Places of education; (k) Social service center establishments; and (L) Places of exercise or recreation. (12) "Related facilities" means building site improvements including, but not limited to, parking lots, passageways, roads, clustered mailboxes located either on the site or in an adjacent public right of way or any other real or personal property located on the site. (13) "Structural code" means the specialty code defined in ORS 455.010. [1971 c.230 2; 1973 c.539 1; 1975 c.675 35; 1979 c.133 1; 1987 c.414 27; 1987 c.604 12; 1989 c.224 109; 1991 c.67 122; 1993 c.503 1; 1993 c.744 74; 1995 c.307 1; 2011 c.488 1]
It is the purpose of ORS 447.210 to 447.280 to make affected buildings, including but not limited to commercial facilities, public accommodations, private entities, private membership clubs and churches, in the state accessible to and usable by persons with disabilities, as provided in the Americans with Disabilities Act, and to make covered multifamily dwellings in the state accessible to and usable by all persons with disabilities, as provided in the Fair Housing Act. In requiring that buildings and facilities be usable by persons with disabilities, it is not the intention of the Legislative Assembly to require that items of personal convenience such as rest rooms, telephones and drinking fountains be provided for members of the public who have disabilities if they are not otherwise provided for members of the public who do not have disabilities. However, pursuant to the Americans with Disabilities Act, the Director of the Department of Consumer and Business Services may provide greater protection to individuals with disabilities by adopting more stringent standards than prescribed by the Americans with Disabilities Act. [1971 c.320 1; 1973 c.539 2; 1979 c.133 2; 1989 c.224 110; 1993 c.503 2]
(1) The Director of the Department of Consumer and Business Services shall, pursuant to ORS 455.030 and ORS chapter 183, establish standards and specifications in the structural code necessary to eliminate architectural barriers to entry to and use of affected buildings and their related facilities by persons who have disabilities. (2) The director shall, to assist in the identification of architectural barriers and in the development of the standards and specifications referred to in subsection (1) of this section, be assisted by the Oregon Disabilities Commission or its designee. [1971 c.320 3; 1973 c.539 3; 1979 c.133 3; 1983 c.740 169; 1987 c.414 27b; 1987 c.672 1; 1989 c.224 111; 1989 c.703 1; 1993 c.503 3; 1993 c.744 75a]
Notwithstanding any other provision of law and the authority of any board within the Department of Consumer and Business Services, the Director of the Department of Consumer and Business Services shall adopt rules to conform the state building code to the Americans with Disabilities Act and the Fair Housing Act and the regulations adopted thereunder. In addition, the director shall adopt rules to conform the state building code to the provisions of ORS 447.210 to 447.280, to the extent to which any statute is stricter than the Americans with Disabilities Act or the Fair Housing Act. [1991 c.691 2; 1993 c.503 4; 2003 c.14 269]
(1) The Director of the Department of Consumer and Business Services shall include in the state building code, as defined in ORS 455.010, 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)(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 or 455.150 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. 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. [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]
(1) Every project for renovation, alteration or modification to affected buildings and related facilities that affects or could affect the usability of or access to an area containing a primary function shall be made to insure that, to the maximum extent feasible, the paths of travel to the altered area and the rest rooms, telephones and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities, unless such alterations are disproportionate to the overall alterations in terms of cost and scope. (2) Alterations made to the path of travel to an altered area may be deemed disproportionate to the overall alteration when the cost exceeds 25 percent of the alteration to the primary function area. (3) If the cost of alterations to make the paths of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the paths of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs. (4) In choosing which accessible elements to provide under this section, priority shall be given to those elements that will provide the greatest access. Elements shall be provided in the following order: (a) Parking; (b) An accessible entrance; (c) An accessible route to the altered area; (d) At least one accessible rest room for each sex or a single unisex rest room; (e) Accessible telephones; (f) Accessible drinking fountains; and (g) When possible, additional accessible elements such as storage and alarms. (5) A series of small alterations to an area served by a single path of travel does not satisfy the obligation to provide an accessible path of travel created under subsection (1) of this section. (6) If an area containing a primary function has been altered without providing an accessible path of travel to the area and subsequent alterations affecting the same path of travel are undertaken within three years of the original alteration, the total cost of the alterations to the primary function area on the path of travel during the preceding three-year period shall be considered in determining whether the cost of making the path of travel accessible is disproportionate. (7)(a) A barrier removal improvement plan may satisfy the requirements of subsection (1) of this section. The plan shall require an equivalent or greater level of barrier removal than required by subsection (1) of this section. (b) The barrier removal improvement plan shall include: (A) A letter of participation from the building owner; (B) A building survey that identifies existing architectural barriers; (C) An improvement plan and time schedule for removal of architectural barriers; and (D) An implementation agreement. (c) The barrier removal improvement plan may be reviewed and accepted through the waiver process under ORS 447.250. The plan shall be reviewed upon completion or every three years for compliance with the requirements of this section. (8) For purposes of this section, "primary function" is a major activity for which the facility is intended. [1993 c.503 7]
(1) Elevators are required: (a) In all shopping centers, shopping malls, professional offices of health care providers and government buildings that are covered by Title II of the Americans with Disabilities Act; (b) In all other commercial facilities, private entities and places of public accommodation covered by Title III of the Americans with Disabilities Act that have more than one floor level and more than 3,000 square feet in ground area or that are more than 20 feet in height, measured from the top surface of the lowest flooring to the highest interior overhead finish of the building; and (c) In all private membership clubs and churches that have more than one floor level and more than 4,000 square feet in ground area or that are more than 20 feet in height, measured from the top surface of the lowest flooring to the highest interior overhead finish of the building. (2) The Department of Consumer and Business Services may by rule create exceptions to the requirements of this section if this section would require an elevator in a building that would not be required to have an elevator under the provisions of the Americans with Disabilities Act or the Fair Housing Act. [1993 c.503 6; 1995 c.307 2]
(1) When a person or governmental entity undertaking the construction, renovation, alteration or modification of an affected building or its related facilities determines that a particular standard or specification exceeds the standards or specifications imposed by the Americans with Disabilities Act and the Fair Housing Act, and that full compliance with the standard or specification is impractical in that it would defeat the purpose of the project proposed or in process, it may apply to the appeals board having jurisdiction over the project for a waiver or modification of such standard or specification, setting forth the reasons for its determination and a proposal for the work complying with the particular standard or specification to the maximum extent that it considers practical. (2)(a) For projects involving a state correctional facility as defined in ORS 421.005 (2), or a local correctional facility, as defined in ORS 169.005, the appeals board referred to in subsection (1) of this section is the Building Codes Structures Board established under ORS 455.132. (b) For all other projects, the appeals board referred to in subsection (1) of this section is the appeals board established under ORS 455.020 (4) by the municipality having jurisdiction over the project. (3) The appeals board shall thereupon investigate the application. The board in its investigation shall be required to seek the advice of the Oregon Disabilities Commission or its designee in dealing with architectural barrier waivers. If the appeals board finds that the proposal submitted with the application would constitute a substantial compliance with, or an acceptable alternative to, the particular standard or specification in view of the objectives of ORS 447.210 to 447.280, the waiver shall be granted. If the board finds otherwise, the application shall be promptly denied with notice to the requesting person or governmental entity of the denial. (4) The findings of the appeals board shall include the estimated building costs and the additional cost of construction to conform to the requirements of ORS 447.210 to 447.280 over the cost of a nonconforming feature or any other special reason or circumstance that, in the judgment of the board, justifies the decision. (5) Any person aggrieved by the final decision of an appeals board may within 30 days of the decision appeal to the Director of the Department of Consumer and Business Services. In the case where no appeals board has been created the director shall have original jurisdiction of an application for a waiver. The applicant for a waiver or an appeal shall submit a fee of $20 payable to the director with the request for waiver or appeal. In determining an appeal or an original application, the procedures and standards of subsections (1) to (4) of this section shall apply to the director. [1971 c.320 5; 1973 c.539 7; 1979 c.133 4; 1987 c.672 3; 1989 c.224 115; 1989 c.703 2; 1993 c.744 78; 1995 c.307 3; 2001 c.517 6]
(1) It is the intent of the Legislative Assembly that any affected buildings, the construction costs of which are paid for in whole or in part by lottery funds, shall be accessible to and usable by persons with disabilities in the manner prescribed in ORS 447.210 to 447.280. (2) Promotional and marketing programs described by this section shall promote and identify lottery-funded facilities as accessible to and usable by persons with disabilities whenever appropriate. [1989 c.909 49; formerly 461.730; 1993 c.503 9; 2005 c.835 29]
(1) The Director of the Department of Consumer and Business Services may promulgate rules reasonably necessary to implement and enforce ORS 447.210 to 447.280 as part of the structural code including, but not limited to, rules authorizing the director to waive or modify any standards and specifications with respect to work on affected buildings and their related facilities where the director determines, with respect to emergency or temporary construction, that compliance with such standards or specifications would not be necessary to fulfill the objectives of ORS 447.210 to 447.280 or would be impractical. (2) The Director of the Department of Consumer and Business Services shall by rule establish criteria for determining the lowest flooring of a building for the purposes of the definition of "affected buildings" provided by ORS 447.210 and for the purposes of ORS 447.247. [1971 c.320 6; 1973 c.539 8; 1979 c.133 5; 1993 c.503 10; 1993 c.744 76; 1995 c.307 4]
The Director of the Department of Consumer and Business Services or the designated representative of the director shall cooperate with and receive the assistance of all persons, all appropriate elective or appointive public officials and all state or governmental agencies in carrying out the responsibilities of the director under ORS 447.210 to 447.280. [1971 c.320 7; 1973 c.539 9]
Architects, engineers or other persons designing buildings; contractors and other persons erecting buildings; building officials, plans examiners, inspectors, the Director of the Department of Consumer and Business Services, the State Fire Marshal, State Fire Marshal deputies, municipal fire marshals or municipal deputies inspecting buildings; or a municipal appeals board shall be relieved of any personal or financial liability from persons suffering injury or death or those persons heirs as the result of exiting deficiencies during emergencies resulting from access for persons with disabilities required by ORS 447.210 to 447.280 or standards adopted under them. [1979 c.133 8; 1989 c.224 116; 1991 c.67 123]
The provisions of ORS 447.210 to 447.280 and rules adopted under them shall be considered part of the state building code and violations shall be subject to the provisions of ORS 455.450. [1971 c.320 8; 1973 c.539 10; 1979 c.133 6]
(1) The standard for construction of curbs on each side of any city street, county road or state highway, or any connecting street, road or highway for which curbs and sidewalks have been prescribed by the governing body of the city or county or Department of Transportation having jurisdiction thereover, shall require not less than two curb cuts or ramps per lineal block to be located on or near the crosswalks at intersections. Each curb cut or ramp shall be at least 48 inches wide, where possible, and a minimum of 36 inches wide where a 48-inch width will not fit, at a slope not to exceed one-inch rise per 12-inch run. If a slope of 1:12 will not fit, a slope between 1:10 and 1:12 is allowed for a maximum rise of six inches and a slope between 1:8 and 1:10 is allowed for a maximum rise of three inches. In no case shall the slope exceed 1:8. (2) Standards set for curb cuts and ramps under subsection (1) of this section shall apply whenever a curb or sidewalk is constructed or replaced at any point in a block which gives reasonable access to a crosswalk. [1973 c.176 1; 1975 c.468 1; 1989 c.224 117; 1993 c.503 13]
[1975 c.677 1; 1977 c.58 1; 1981 s.s. c.10 1; 1983 c.42 1; renumbered 284.800 in 1987]
[1975 c.677 2; 1981 c.754 1; renumbered 284.805 in 1987]
[1975 c.677 2a; renumbered 284.810 in 1987]
[1975 c.677 2b; 1981 c.754 2; renumbered 284.815 in 1987]
[1975 c.677 3; 1983 c.573 1; renumbered 284.820 in 1987]
[1975 c.677 4; 1977 c.58 2; renumbered 284.825 in 1987]
[1977 c.58 4 (enacted in lieu of 447.830); renumbered 284.831 in 1987]
[1977 c.58 5 (enacted in lieu of 447.830); renumbered 284.834 in 1987]
[1975 c.677 6; 1977 c.58 6; renumbered 284.835 in 1987]
[1975 c.677 7; 1977 c.58 7; renumbered 284.840 in 1987]
[1975 c.677 8; 1981 c.754 3; renumbered 284.845 in 1987]
[1975 c.677 9; 1977 c.58 8; renumbered 284.850 in 1987]
[1975 c.677 9a; renumbered 284.855 in 1987]
[1975 c.677 10; renumbered 284.860 in 1987]
[1975 c.677 11; 1977 c.58 9; renumbered 284.865 in 1987]
[1977 c.319 1; renumbered 284.875 in 1987]
[1977 c.319 2; renumbered 284.880 in 1987]
[Subsection (2) enacted as 1957 c.278 21; 1973 c.734 4; 1973 c.835 232; 1979 c.57 2; repealed by 1981 c.438 46]
The State Plumbing Board may impose a civil penalty for a violation of ORS 447.010 to 447.156 and 447.992 or rules adopted for the administration and enforcement of those sections. The board shall impose a civil penalty authorized by this section as provided in ORS 455.895. [2001 c.411 6]
As used in ORS 448.005 to 448.090, unless the context requires otherwise: (1) "Authority" means the Oregon Health Authority. (2) "Bathhouse" means a structure that contains dressing rooms, showers and toilet facilities for use with an adjacent public swimming pool. (3) "Director" means the Director of the Oregon Health Authority. (4) "Person" has the meaning given that term in ORS 174.100, but also includes municipalities, recreation districts, counties and state agencies or instrumentalities. (5) "Public spa pool" means a public swimming pool or wading pool designed primarily to direct water or air-enriched water under pressure onto the bathers body with the intent of producing a relaxing or therapeutic effect. (6) "Public swimming pool" means an artificial structure, and its appurtenances, that contains water more than two feet deep, is expressly designated or used with the knowledge and consent of the owner or operator for swimming or recreational bathing, and is for the use of any segment of the public. "Public swimming pool" includes, but is not limited to, swimming pools owned or operated by: (a) Travelers accommodations; (b) Recreation parks; (c) Colleges; (d) Schools; (e) Organizational camps as defined in ORS 446.310; (f) Clubs; (g) Associations; (h) Business establishments for their patrons or employees; (i) Private persons and that are open to the public; (j) Recreation districts; (k) Municipalities; (L) Counties; or (m) State agencies. (7) "Public wading pool" means an artificial structure, and its appurtenances, that contains water less than two feet deep, is expressly designated or used with the knowledge and consent of the owner or operator for wading or recreational bathing, and is for the use of any segment of the public, whether limited to patrons of a companion facility or not. (8) "Recreation park" means those facilities as defined by ORS 446.310. (9) "Travelers accommodation" means those facilities as defined by ORS 446.310. (10) "Variance" means written permission from the authority for a public swimming pool, public spa pool or public wading pool to be operated when it does not comply with all the applicable rules for public swimming pools, public spa pools or public wading pools. [1961 c.566 1; 1973 c.215 1; 1979 c.453 1; 1983 c.707 22; 1983 c.781 1; 1999 c.59 125; 2001 c.104 186; 2001 c.900 195; 2009 c.595 827]
The Oregon Health Authority shall adopt rules pertaining to construction plan submission, plan approval, design, construction, size, shape, purification equipment, piping, operation, sanitation and accident prevention for public swimming pools, public spa pools, public wading pools and bathhouses as the authority deems necessary. [1961 c.566 3 (enacted in lieu of 448.010); 1971 c.650 24; 1973 c.215 2; 1999 c.929 8; 2009 c.595 828; 2019 c.456 117]
ORS 448.005 to 448.090 shall not apply to those facilities described in ORS 446.435. [1983 c.781 6]
A person may not construct or perform a major alteration or reconstruction of a public swimming pool, public spa pool, public wading pool or bathhouse without plan approval to do so from the Oregon Health Authority. [Amended by 1961 c.566 4; 1973 c.215 3; 1979 c.453 2; 1999 c.929 1; 2009 c.595 829; 2019 c.456 118]
(1) Any person desiring to construct any public swimming pool, public spa pool, public wading pool or bathhouse shall file an application for plan approval with the Oregon Health Authority. (2) The application must be accompanied by a description of the sources of water supply, amount and quality of water available and intended to be used, method and manner of water purification, treatment, disinfection, heating, regulating and cleaning, lifesaving apparatus, and measures to ensure safety of bathers, measures to ensure personal cleanliness of bathers, methods and manner of washing, disinfecting, drying and storing bathing apparel and towels, and all other information and statistics that may be required by the authority. The authority shall either approve or deny the application based upon the plans submitted. (3) After construction, the authority shall cause an inspection to be made of the proposed public swimming pool, public spa pool, public wading pool or bathhouse. If the authority determines that the public swimming pool, public spa pool, public wading pool or bathhouse as constructed complies with the rules of the authority, it shall issue a final approval authorizing the issuance of a license under ORS 448.035. (4) If a public swimming pool, public spa pool, public wading pool or bathhouse is to be owned, operated or maintained by a person for profit, or in conjunction with a travelers accommodation or recreation park, the applicant shall pay the authority a plan review fee of $600. Payment of the plan review fee entitles the applicant to two inspections toward final approval. The authority may not impose any new standards after a second or any subsequent inspection. For any subsequent construction inspection necessary, the applicant shall pay $100 for each inspection. [Amended by 1961 c.566 5; 1973 c.215 4; 1979 c.453 3; 1979 c.696 5a; 1981 c.749 24; 1983 c.781 2; 1999 c.929 2; 2009 c.595 830; 2019 c.456 119]
(1) A person may not operate or maintain a public swimming pool, public spa pool, public wading pool or bathhouse without a license to do so from the Oregon Health Authority. (2) An annual fee of $275 shall be paid for a license to operate a public swimming pool, public spa pool, public wading pool or bathhouse. The annual license fee for each additional public swimming pool, public spa pool, public wading pool or bathhouse, or any combination of those facilities, on the same site is 60 percent of the fee for the first license. (3) Licenses issued under this section expire annually on a date set by rule. [1961 c.566 7; 1973 c.215 5; 1977 c.284 6; 1979 c.453 4; 1979 c.696 6a; 1983 c.781 3; 1999 c.929 3; 2009 c.595 831; 2019 c.510 2]
(1) A person applying for a variance shall submit a variance application accompanied by a fee of $480 to the Oregon Health Authority. If the authority approves the application, the authority shall grant a variance, stating the terms and conditions of the variance. (2) The authority may waive the fee for variance applications precipitated by change in the authoritys rules. (3) The authority may not delegate the responsibility under subsection (1) of this section under the provision of ORS 448.100. [1983 c.781 5; 2009 c.595 832; 2019 c.510 3]
For the purposes of ORS 448.005 to 448.090, the Director of the Oregon Health Authority may at all reasonable times enter upon any part of the premises of public bathing and swimming places to make examination and investigation to determine the sanitary conditions of such places and whether ORS 448.005 to 448.090 or the rules of the Oregon Health Authority pertaining to public swimming pools, public spa pools, public wading pools or bathhouses are being violated. [Amended by 1961 c.566 14; 1973 c.215 6; 1979 c.453 5; 1999 c.929 5; 2009 c.595 833]
(1) The Director of the Oregon Health Authority shall inspect all public swimming pools, public spa pools, public wading pools and bathhouses to determine the sanitary conditions of such places and whether ORS 448.005 to 448.090 and the rules of the Oregon Health Authority pertaining to public swimming pools, public spa pools, public wading pools and bathhouses are being violated. (2) If the director determines that a public swimming pool, public spa pool, public wading pool or bathhouse is being constructed, operated or maintained in violation of the rules of the authority or is found to be insanitary, unclean or dangerous to public health or safety, the director may suspend, revoke or deny the permit or plan approval issued under ORS 448.030 or license issued under ORS 448.035 in accordance with ORS chapter 183. [1961 c.566 10; (enacted in lieu of 448.050); 1973 c.215 7; 1979 c.453 6; 1999 c.929 6; 2009 c.595 834; 2019 c.456 120]
(1) A public swimming pool, public spa pool, public wading pool or bathhouse may not remain open to the public after the permit, plan approval or license to operate the facility has been suspended, denied or revoked. (2) Any public swimming pool, public spa pool, public wading pool or bathhouse constructed, operated or maintained contrary to ORS 448.005 to 448.090 is a public nuisance, dangerous to health. Such nuisance may be abated or enjoined in an action brought by the Director of the Oregon Health Authority or may be summarily abated in the manner provided by law for the summary abatement of public nuisances dangerous to health. [Amended by 1961 c.566 15; 1973 c.215 8; 1979 c.453 7; 1999 c.929 7; 2009 c.595 835; 2019 c.456 121]
All moneys collected under ORS 448.005 to 448.090 shall be paid into the General Fund in the State Treasury for credit to the Public Health Account and such moneys hereby are appropriated continuously and shall be used only for the administration and enforcement of ORS 448.005 to 448.090. [1961 c.566 8; 1973 c.427 10]
No provisions of ORS 448.005 to 448.100 apply to natural bathing places. [1979 c.453 9]
(1) The Director of the Oregon Health Authority shall delegate to any county board of commissioners that requests any of the duties and functions of the director under ORS 448.005, 448.011, 448.020 to 448.035 and 448.040 to 448.060 and this section if the director determines that the county is able to carry out the rules of the Oregon Health Authority relating to fee collection, licensing, inspections, enforcement and issuance and revocation of plan approvals and licenses in compliance with standards for enforcement by the counties and monitoring by the authority. The authority shall review and monitor each countys performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a county is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the authority for carrying out the duties and functions under this section. (2) The county may determine the amount of, and retain, any fee for any function undertaken pursuant to subsection (1) of this section or use the fee amounts established under ORS 448.030 and 448.035. A county to whom licensing, inspection and enforcement authority has been delegated under this section shall collect and remit to the authority a fee to support the activities of the authority under this section. The fee shall be established by the authority and the Conference of Local Health Officials based upon a budget and formula for funding activities described in this section. The authority and the Conference of Local Health Officials shall consult with associations representing Oregon cities, special districts and the lodging industry in establishing the fee. In the event the authority and the Conference of Local Health Officials cannot reach agreement on the budget and formula, the authority shall submit its budget proposal to the Legislative Assembly. (3) In any action, suit or proceeding arising out of county administration of functions pursuant to subsection (1) of this section and involving the validity of a rule promulgated by the authority, the authority shall be made a party to the action, suit or proceeding. [1973 c.215 9; 1975 c.790 2; 1983 c.370 2; 1999 c.929 4; 2009 c.595 836; 2015 c.736 93; 2019 c.456 122]
As used in ORS 448.115 to 448.285, 454.235 and 454.255 unless the context requires otherwise: (1) "Authority" means the Oregon Health Authority. (2) "Connection" means the connection between a water system and a customer that enables the customer to receive potable water from the system. (3) "Construction standards" means criteria for constructing or installing water system facilities. (4) "Director" means the Director of the Oregon Health Authority. (5) "Emergency" means a condition resulting from an unusual calamity such as a flood, an earthquake or an accidental spill of hazardous material that can endanger the quality of the water produced by a water system. (6) "Operational requirements" means requirements that prescribe the manner in which water systems must be operated. (7) "Permit" means a document issued to a water system that authorizes it to commence or continue to operate in the State of Oregon and lists the conditions the system must meet to continue operating. (8) "Safe drinking water" means water that is sufficiently free from biological, chemical, radiological or physical impurities such that individuals will not be exposed to disease or harmful physiological effects. (9) "Sanitary survey" means an on-site review of the source, facilities, equipment, operation and maintenance of a water system, including related land uses, for the purpose of evaluating the capability of that water system to produce and distribute safe drinking water. (10) "Special master" means the person appointed by the court to administrate the water system. (11) "Variance" means permission from the agency for a water system to provide water that does not meet water quality standards. (12) "Water supplier" means any person, group of persons, municipality, district, corporation or entity that owns or operates a water system. (13) "Water system" means a system for the provision of water for human consumption through pipes or other constructed conveyances. (14) "Waterborne disease" means disease caused by chemical, physical, radiological or biological agents epidemiologically associated with infection, illness or disability that is transported to human beings by water that has been ingested or through contact as in bathing or other domestic uses. [1981 c.749 2; 1983 c.271 3; 1985 c.178 4; 1997 c.249 145; 1999 c.59 126; 1999 c.653 1; 2001 c.900 196; 2009 c.595 837]
Before a water system is subject to regulation under ORS 448.119 to 448.285, 454.235 and 454.255, the system must have at least four service connections, or it must serve water to public or commercial premises which are used by an average of at least 10 individuals daily at least 60 days each year. In a housing subdivision of four or more living units where the water service connections of individual units are only two or three per water system, at the discretion of the Director of the Oregon Health Authority, the Oregon Health Authority may regulate the water systems within the subdivision under ORS 448.119 to 448.285, 454.235 and 454.255. [1981 c.749 3; 1985 c.178 5; 1997 c.249 146; 2009 c.595 838]
(1) It is the purpose of ORS 448.119 to 448.285, 454.235 and 454.255 to: (a) Ensure that all Oregonians have safe drinking water. (b) Provide a simple and effective regulatory program for drinking water systems. (c) Provide a means to improve inadequate drinking water systems. (2) In carrying out the purpose set forth in subsection (1) of this section, the Oregon Health Authority shall act in accordance with the goal set forth in ORS 468B.155. (3) If, in carrying out any duty prescribed by law, the authority acquires information related to ground water quality in Oregon, the authority shall forward a copy of the information to the centralized repository established pursuant to ORS 468B.167. [1981 c.749 4; 1989 c.833 50; 1997 c.249 147; 2007 c.71 136; 2009 c.595 839]
ORS 448.119 to 448.285, 454.235 and 454.255 may be referred to as the Oregon Drinking Water Quality Act. [1981 c.749 5; 1997 c.249 148]
(1) The Oregon Health Authority shall adopt water quality standards that are necessary to protect the public health through insuring safe drinking water within a water system. (2) In order to insure safe drinking water, the authority shall prescribe: (a) Construction standards governing the performance of a water system insofar as they relate to the safety of drinking water. (b) Standards for the operation of water systems insofar as they relate to the delivery of safe drinking water. (c) Other standards and requirements considered necessary by the authority to insure safe drinking water. (3) The authority shall require that construction and installation plans be submitted and approved before construction begins on new systems or substantial improvements are made to old systems. The authority may adopt rules exempting certain water systems from the plan review process. (4) The authority may impose and collect a fee from a water supplier for reviewing construction and installation plans. (5) Nothing in this section authorizes the authority to require alterations of existing facilities unless alterations are necessary to insure safe drinking water. [1981 c.749 6; 2009 c.595 840]
(1) The Oregon Health Authority may grant variances from standards if: (a) There is no unreasonable risk to health; (b) The water supplier has provided sufficient evidence to confirm that the best available treatment techniques are unable to treat the water in question so that it meets maximum contaminant levels; (c) The water supplier agrees to notify the customers of the water supplier at appropriate intervals, as determined by the authority, why the water system is, or remains, out of compliance with standards; (d) The water supplier agrees to adhere to a compliance schedule, if the authority prescribes one, which outlines how the water supplier intends to achieve compliance with standards. If a schedule is prescribed, it must be reviewed and evaluated every three years; and (e) The authority has announced its intention to grant a variance and has either: (A) Held a public hearing in the affected area prior to granting the variance; or (B) Served notice of intent to grant the variance either personally, or by registered or certified mail to all customers connected to the water system, or by publication in a newspaper in general circulation in the area. If no hearing is requested within 10 days of the date that notice is given, the authority may grant the variance. (2) The authority may grant variances from standards requiring the use of a specified water treatment technique if the authority: (a) Determines that the use of a specified water treatment technique is not necessary to protect the public health based on the nature of the raw water source for a public water system; (b) Has conditioned the variance as required by the federal Safe Drinking Water Act, 42 U.S.C. 300g-4; (c) Has announced its intent to grant a variance and has either: (A) Held a public hearing in the area prior to granting the variance; or (B) Served notice of intent to grant the variance either personally, or by registered or certified mail to all customers connected to the water system, or by publication in a newspaper in general circulation in the area. If no hearing is requested within 10 days of the date that notice is given, the authority may grant the variance; and (d) Promptly notifies the administrator of the United States Environmental Protection Agency of any variance granted, as required by the federal Safe Drinking Water Act, 42 U.S.C. 300g-4. [1981 c.749 7; 1983 c.271 5; 2007 c.559 1; 2009 c.595 841]
A water system that does not comply with the rules and standards of the Oregon Health Authority shall be operated only after the water supplier has received a permit for the system from the authority if: (1) The authority has not granted a variance from standards as provided under ORS 448.135 to the water supplier; and (2) The water system is providing water that does not meet maximum contaminant standards as determined by an investigation conducted by the authority under ORS 448.150. [1981 c.749 8; 2009 c.595 842]
(1) A permit shall be issued by the Oregon Health Authority when there are economic or other compelling factors such that the water supplier is unable to install the water treatment facilities or to meet the maximum contaminant levels. (2) The authority shall prescribe a compliance schedule, including interim measures to eliminate the risk to health, which sets a specific time limit for the water supplier operating on a permit to install the water treatment facilities or to meet the maximum contaminant levels. (3) For so long as the water supplier operates on a permit, the water supplier must notify its customers at least once every three months why the water system is, or remains, out of compliance. (4) When the authority announces its intention to grant a permit, the authority shall: (a) Hold a public hearing in the affected area prior to granting the permit; or (b) Serve notice of intent to issue the permit either personally, or by registered or certified mail to all customers connected to the water system, or by publication in a newspaper in general circulation in the area. If no hearing is requested within 10 days of the date that notice is given, the authority may finalize the permit. (5) The document evidencing the permit shall contain a statement of the conditions under which the water system may operate. [1981 c.749 9; 1983 c.271 6; 2009 c.595 843]
(1) The Oregon Health Authority shall: (a) Conduct periodic sanitary surveys of drinking water systems and sources, take water samples and inspect records to ensure that the systems are not creating an unreasonable risk to health. The authority shall provide written reports of the examinations to water suppliers and to local public health administrators, as defined in ORS 431.003. (b) Require regular water sampling by water suppliers to determine compliance with water quality standards established by the authority. These samples shall be analyzed in a laboratory approved by the authority. The results of the laboratory analysis of a sample shall be reported to the authority by the water supplier, unless direct laboratory reporting is authorized by the water supplier. The laboratory performing the analysis shall report the validated results of the analysis directly to the authority and to the water supplier if the analysis shows that a sample contains contaminant levels in excess of any maximum contaminant level specified in the water quality standards. (c) Investigate any water system that fails to meet the water quality standards established by the authority. (d) Require every water supplier that provides drinking water that is from a surface water source to conduct sanitary surveys of the watershed as may be considered necessary by the authority for the protection of public health. The water supplier shall make written reports of such sanitary surveys of watersheds promptly to the authority and to the local health department. (e) Investigate reports of waterborne disease pursuant to ORS 431.001 to 431.550 and 431.990 and take necessary actions as provided for in ORS 446.310, 448.030, 448.115 to 448.285, 454.235, 454.255 and 455.680 to protect the public health and safety. (f) Notify the Department of Environmental Quality of a potential ground water management area if, as a result of its water sampling under paragraphs (a) to (e) of this subsection, the authority detects the presence in ground water of: (A) Nitrate contaminants at levels greater than 70 percent of the levels established pursuant to ORS 468B.165; or (B) Any other contaminants at levels greater than 50 percent of the levels established pursuant to ORS 468B.165. (2) The notification required under subsection (1)(f) of this section shall identify the substances detected in the ground water and all ground water aquifers that may be affected. (3)(a) The authority by rule may adopt a schedule of fees to be assessed on water suppliers to partially defray the costs of the authority related to performance of the duties prescribed by this section and ORS 448.155 (1), 448.175 (1) and 448.255. The fee schedule shall be graduated based on the size and type of the water system owned or operated by a water supplier. (b) Not more than once each calendar year, the authority may increase the fees established by rule under this subsection. The amount of the annual increase may not exceed the anticipated increase in the costs of the authority related to performance of the duties prescribed by this section and ORS 448.155 (1), 448.175 (1) and 448.255 or three percent, whichever is lower. [1981 c.749 10; 1989 c.833 51; 1989 c.946 1; 1997 c.249 149; 2005 c.696 1; 2007 c.447 1; 2009 c.595 844; 2015 c.736 94; 2019 c.509 1]
(1) The State Drinking Water Advisory Committee is created to advise and assist the Oregon Health Authority on policies related to the protection, safety and regulation of public drinking water in Oregon. (2) The committee created under this section shall consist of 15 members appointed by the Public Health Officer. The officer shall make the appointments after considering nominees from: (a) Public water systems of cities with a population greater than 100,000; (b) Privately owned water systems; (c) Environmental advocacy groups; (d) The American Council of Engineering Companies of Oregon; (e) The Conference of Local Health Officials created by ORS 431.330; (f) The League of Oregon Cities; (g) The League of Women Voters of Oregon; (h) The Oregon Association of Water Utilities; (i) The Oregon Environmental Health Association; (j) The Oregon Environmental Laboratory Association; (k) The Pacific Northwest Section of the American Water Works Association; (L) The Special Districts Association of Oregon; (m) Organizations representing plumbers or backflow testers; (n) Water consumers; and (o) Watershed councils. (3) The committee shall adopt rules to govern its proceedings and shall select a chair and any other officers it considers necessary. (4) The members shall be appointed to serve for terms of three years. A vacancy on the committee shall be filled by appointment by the Public Health Officer for the unexpired term. (5) The committee shall meet regularly four times a year at times and places fixed by the chair of the committee. The committee may meet at other times specified by the chair or a majority of the members of the committee. (6) The Oregon Health Authority shall provide assistance and space for meetings as requested by the chair of the committee. (7) Members of the committee shall be entitled to actual and necessary expenses as provided by ORS 292.495 (2). [2007 c.572 1; 2009 c.595 845] Note: 448.153 was enacted into law by the Legislative Assembly but was 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.
The Oregon Health Authority: (1) May provide technical assistance and organize, coordinate and conduct training for water system personnel. (2) Shall conduct a program designed to stimulate public participation in matters relating to water systems through public presentations, dissemination of informational materials and other similar efforts. [1981 c.749 11; 2009 c.595 846]
(1) The Oregon Health Authority shall maintain a plan outlining actions to be taken by the authority during emergencies relating to water systems. (2) The authority may require that a water supplier compile an emergency plan if it appears necessary to the Director of the Oregon Health Authority. [1981 c.749 12; 2009 c.595 847]
(1) Counties may develop water service plans. These plans should encourage small water systems to combine management functions and to consolidate where possible. Water service plans must be in keeping with county land use plans. (2) Cities or counties, whichever have authority to issue building permits, must certify that the Oregon Health Authority has approved the construction and installation plans of a proposed water system development and the development plan does not violate city or county water service plans before issuing a building permit. (3) Counties or boundary commissions are authorized to approve the formation, consolidation and expansion of water systems not owned by cities in keeping with county and city plans. In doing so, counties or boundary commissions should consider whether water service is extended in a logical fashion and water systems have a financial base sufficient for operation and maintenance. [1981 c.749 13; 2009 c.595 848]
(1) The Oregon Health Authority may enter into an agreement with a local public health authority, as defined in ORS 431.003, under which the local public health authority performs the duties of the Oregon Health Authority under the Oregon Drinking Water Quality Act. The duration of the agreement, the duties to be performed and the remuneration to be paid by the Oregon Health Authority are subject to agreement by the Oregon Health Authority and the local public health authority. (2) In any action, suit or proceeding arising out of a local public health authoritys administration of functions pursuant to ORS 446.310, 448.030, 448.115 to 448.285, 454.235, 454.255, 455.170 and 757.005 and involving the validity of a rule adopted by the Oregon Health Authority, the Oregon Health Authority shall be made a party to the action, suit or proceeding. [1981 c.749 14; 2009 c.595 849; 2015 c.736 95]
Subject to ORS chapter 183, the Oregon Health Authority: (1) Shall require that the water suppliers give public notice of violations in the water system. (2) May refuse to allow expansion of or additional connections to a water system until the water system meets water quality standards and requirements. (3) May enter an order requiring a water supplier to acquire or construct a water system that provides water that meets the authoritys standards. When the order requires a city to acquire a water system, the system must have the majority of its facilities within the citys adopted urban growth boundary. When the order is entered upon a city, the procedure described in ORS 454.235 to 454.255 shall be followed. (4) May enter an order requiring a water supplier that fails to comply with the schedule prescribed under ORS 448.140 to cease operation of the water system. [1981 c.749 17; 2009 c.595 850]
The Oregon Health Authority may grant waivers on construction standards if the authority is satisfied there will be no unreasonable risk to health. [1983 c.271 2; 2009 c.595 851]
(1) Whenever a water system or part thereof presents or threatens to present a public health hazard requiring immediate action to protect the public health, safety and welfare, the Director of the Oregon Health Authority may request the district attorney of the county wherein the system is located to institute an action. The action may be commenced without the necessity of prior administrative procedures or hearing and entry of an order or at any time during such administrative proceedings, if such proceedings have been commenced. The action may petition for a mandatory injunction compelling the water supplier to cease and desist operation or to make such improvements and corrections as are necessary to remove the public health hazard or threat thereof. (2)(a) If the water supplier refuses to comply with the order of the court, in addition to other remedies, the court may appoint a special master to operate the water system. Costs of operation and improvement during operation by the special master are to be charged to the water supplier and may be collected by impounding revenue due to the water supplier from customers of the supplier; or, if those funds are insufficient, from other revenues due to the water supplier. (b) The court may require sale of a water system under a special master to a responsible party if the water supplier refuses to comply with the standards and requirements of the Oregon Health Authority. (3) Cases filed under provisions of this section or any appeal therefrom shall be given preference on the docket over all other civil cases except those given an equal preference by statute. (4) Nothing in this section is intended to prevent the maintenance of actions for legal or equitable remedies relating to private or public nuisance or for recovery of damages brought by private persons or by the state on relation of any person. [Formerly 449.247; 1975 c.254 10; 1979 c.284 145; 1981 c.749 15; 2009 c.595 852]
(1) Whenever the Director of the Oregon Health Authority has reasonable grounds to believe that a water system or part thereof is being operated or maintained in violation of any rule adopted pursuant to ORS 448.115 to 448.285, 454.235 and 454.255, the director shall give written notice to the water supplier responsible for the system. (2) The notice required under subsection (1) of this section shall include the following: (a) Citation of the rule allegedly violated; (b) The manner and extent of the alleged violation; and (c) A statement of the partys right to request a hearing. (3) The notice shall be served personally or by registered or certified mail and shall be accompanied by an order of the director requiring remedial action which, if taken within the time specified in the order, will effect compliance with the rule allegedly violated. The order shall become final unless request for hearing is made by the party receiving the notice within 10 days from the date of personal service or the date of mailing of the notice. (4) The form of petition for hearing and the procedures employed in the hearing shall be consistent with the requirements of ORS chapter 183 and shall be in accordance with rules adopted by the Oregon Health Authority. (5) Hearings under this section shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. (6) The order shall be affirmed or reversed by the director after hearing. A copy of the directors decision setting forth findings of fact and conclusions shall be sent by registered or certified mail to the petitioner or served personally upon the petitioner. An appeal from such decision may be made as provided in ORS 183.480 relating to a contested case. [1973 c.835 171; 1975 c.254 11; 1981 c.749 16; 1997 c.249 150; 1999 c.849 84,85; 2003 c.75 36; 2009 c.595 853]
(1) It shall be unlawful for any person to do any of the following if the result would be to pollute a source of a water system or to destroy or endanger a water system: (a) Establish or maintain any slaughter pen, stock-feeding yards or hogpens. (b) Deposit or maintain any unclean or unwholesome substance. (2) Violation of subsection (1)(a) or (b) of this section is a public nuisance and may be abated as other nuisances under the laws of this state. [Formerly 449.320; 1975 c.254 12; 1981 c.749 18; 2003 c.14 270]
If, as a result of its activities under ORS 448.150, the Oregon Health Authority confirms the presence in ground water drinking water supplies of contaminants resulting at least in part from suspected nonpoint source activities, the authority shall declare an area of ground water concern. The declaration shall identify the substances confirmed in the ground water and all ground water aquifers that may be affected. [1989 c.833 32; 2009 c.595 854] Note: 448.268 and 448.271 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.
(1) In any transaction for the sale or exchange of real estate that includes a well that supplies ground water for domestic purposes, the seller of the real estate shall, upon accepting an offer to purchase that real estate, have the well tested for arsenic, nitrates and total coliform bacteria. The Oregon Health Authority also may, by rule, require additional tests for specific contaminants in specific areas of public health concern. The seller shall submit the results of the tests required under this section to the authority and to the buyer within 90 days of receiving the results of the tests. (2) The failure of a seller to comply with the provisions of this section does not invalidate an instrument of conveyance executed in the transaction. [1989 c.833 30; 2009 c.284 1; 2009 c.595 855] Note: See note under 448.268.
The Legislative Assembly finds that an agreement between this state and the federal government to assume primary enforcement responsibility in this state for the federal Safe Drinking Water Act is in the best interest of this state, subject to the following assumptions: (1) The federal government provides an annual program grant in an amount no less than that allocated for the state in the 1984 fiscal year. (2) The federal government provides technical assistance to this state, as requested, in emergency situations and during outbreaks of waterborne diseases. (3) The federal government must negotiate an annual work plan for the Oregon Health Authority that can be accomplished within the amount of program grant funding available. (4) The authority adopts standards no less stringent than the National Primary Drinking Water Regulations of the United States Environmental Protection Agency. (5) The authority provides engineering assistance through regional offices in at least four geographically distributed areas in this state. (6) In cooperation with representatives of local health departments, the authority develops an equitable formula for distribution of available funds to support local health department water programs. (7) The primacy agreement may be canceled by the authority, upon 90 days notice, if at any time the federal requirements exceed the amount of federal funding and the cancellation is approved by the legislative review agency as defined in ORS 291.371 (1). (8) The federal government can impose financial sanctions against this state if the state fails to meet the objectives of the annual negotiated work plan without reasonable explanation by tying the next annual funding to specific state production and by withholding of funds a possibility if continued unexplained failures occur but no sanction exists to interfere with other types of federal funding in this state. (9) The federal government may seek to enforce the safe drinking water standards if this state fails to take timely compliance action against a public water system that violates such standards. (10) Enforcement under subsection (9) of this section may be by injunctive relief or, in the case of willful violation, civil penalties authorized by 42 U.S.C. 300g-3(a) and (b). [1985 c.178 1; 2001 c.900 257; 2009 c.595 856]
The Oregon Health Authority is authorized to enter into an agreement with the federal government to administer the federal Safe Drinking Water Act in this state. The agreement is subject to the legislative assumption stated in ORS 448.273. The agreement shall remain in effect subject to annual renegotiation of the duties to be performed and the remuneration to be received by the authority except that it may be canceled by the authority, upon 90 days notice, if at any time the federal requirements exceed the amount of federal funding and the cancellation is approved by the legislative review agency as defined in ORS 291.371 (1). [1985 c.178 2; 2009 c.595 857]
(1) The Oregon Health Authority shall establish a program for regulating cross-connections and the backflow assemblies that are part of a water system. (2) The authority may assess an annual fee on community water systems for the purpose of implementing the cross-connection and backflow assembly program established pursuant to this section. The fee may not exceed: (a) $30 for a water system that has 15 to 99 service connections; (b) $75 for a water system that has 100 to 999 service connections; (c) $200 for a water system that has 1,000 to 9,999 service connections; or (d) $350 for a water system that has 10,000 or more service connections. [2005 c.806 11; 2009 c.595 858] Note: 448.278 was added to and made a part of 448.119 to 448.285 by legislative action but was not added to any other series in ORS chapter 448. See Preface to Oregon Revised Statutes for further explanation.
(1) The Oregon Health Authority by rule shall establish a certification program for persons who inspect cross-connections or test backflow assemblies. The program shall include minimum qualifications necessary for a person to be certified to: (a) Conduct a cross-connection inspection; and (b) Test a backflow assembly. (2) Except for an employee of a water supplier as defined in ORS 448.115, a person certified under this section must: (a) Become licensed as a construction contractor with the Construction Contractors Board as provided under ORS chapter 701; or (b) Be employed by a landscape contracting business licensed under ORS 671.510 to 671.760. (3) In conjunction with the certification program established under subsection (1) of this section, the authority may establish and collect a fee from an individual requesting certification under the program. A fee imposed under this subsection: (a) Is not refundable; and (b) May not exceed the cost of administering the certification program of the authority for which purpose the fee is established, as authorized by the Legislative Assembly within the budget of the authority and as the budget may be modified by the Emergency Board. (4) The authority may not require a journeyman plumber licensed under ORS chapter 693 or an apprentice plumber, as defined in ORS 693.010, to obtain a certification for testing backflow assemblies under the program established under this section. (5) All moneys collected by the Oregon Health Authority under this section shall be deposited in the General Fund to the credit of an account of the authority. Such moneys are continuously appropriated to the Oregon Health Authority to pay the cost of administering the certification program established pursuant to this section and the cost of administering water system cross-connection and backflow assembly programs. [1993 c.565 2,3; 1997 c.398 1; 1999 c.402 3; 2005 c.609 9; 2005 c.736 1; 2005 c.806 12; 2007 c.71 137; 2007 c.541 4; 2009 c.595 859]
(1) In addition to any other penalty provided by law: (a) Any person who violates any rule of the Oregon Health Authority relating to the construction, operation or maintenance of a water system or part thereof shall incur a civil penalty not to exceed $500 for each day of violation, except that a violation at any water system that serves more than 10,000 people shall be subject to a civil penalty not to exceed $1,000 for each day of violation. (b) Any person who operates an environmental laboratory and who purports that the laboratory is accredited under the environmental laboratory accreditation program established under ORS 438.615 when the laboratory is not accredited shall incur a civil penalty in accordance with the schedule of penalties established by rule by the Director of the Oregon Health Authority, in collaboration with the accrediting authority. (2) No civil penalty prescribed under subsection (1) of this section shall be imposed until the person incurring the penalty has received five days advance notice in writing from the authority or unless the person incurring the penalty shall otherwise have received actual notice of the violation not less than five days prior to the violation for which a penalty is imposed. [1973 c.835 174; 1975 c.254 13; 1981 c.749 19; 1999 c.653 2; 1999 c.1063 5; 2009 c.595 860]
(1) The Director of the Oregon Health Authority shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. No civil penalty shall exceed $500 per day, except that a violation at any water system that serves more than 10,000 people shall be subject to a civil penalty not to exceed $1,000 for each day of violation. (2) The director may impose the penalty without hearing but only after the notice required by ORS 448.280 (2). In imposing a penalty pursuant to the schedule or schedules adopted pursuant to this section, the director shall consider the following factors: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (b) Any prior violations of statutes, rules, orders and permits pertaining to the water system. (c) The economic and financial conditions of the person incurring the penalty. (3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the Oregon Health Authority considers proper and consistent with the public health and safety. (4) In adopting rules or imposing penalties under this section for violations of ORS 448.280 (1)(b), the director shall collaborate with the accrediting authority. [1973 c.835 175; 1975 c.254 14; 1981 c.749 20; 1999 c.653 3; 1999 c.1063 6; 2009 c.595 861]
(1) Civil penalties under ORS 448.285 shall be imposed as provided in ORS 183.745. (2) All amounts recovered under this section shall be paid into the State Treasury and credited to the General Fund. [1973 c.835 176; 1989 c.706 15; 1991 c.734 28]
Subject to the authority of the Oregon Health Authority, for the purpose of protecting from pollution their domestic water supply sources, cities shall have jurisdiction over all property: (1) Occupied by the distribution system or by the domestic water supply sources by and from which the city or any person or corporation provides water to the inhabitants of the city. (2) Acquired, owned or occupied for the purpose of preserving or protecting the purity of the domestic water supply source. (3) Acquired, owned or occupied by cities within the areas draining into the domestic water supply sources. [Formerly 449.305; 1983 c.740 170; 2009 c.595 862]
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. [Formerly 449.310]
(1) Subject to subsection (2) of this section, by ordinance a city may prohibit or restrict access for purposes of fishing, hunting, camping, hiking, picnicking, trapping of wild animals or birds, harvesting of timber or mining or removal of minerals or carrying on any other activity in its watershed area, or by ordinance may permit any such activity in its watershed area upon conditions specified in the ordinance. However, no ordinance passed under authority of this section shall prohibit the hunting or trapping of fur-bearing or predatory mammals doing damage to public or private property or prohibit the hunting or trapping of any bird or mammal for scientific purposes, as defined in ORS 497.298 (3). (2) Subsection (1) of this section applies only to cities with respect to watershed areas which are the subject of an agreement between the city and the United States or any department or agency thereof, which agreement authorizes such action by the city. (3) Violation of an ordinance adopted by any city pursuant to this section is a Class C misdemeanor. (4) After adoption of an ordinance pursuant to subsection (1) of this section, a city shall post the area with suitable signs setting forth the prohibition of access or the conditions of limited access imposed by the ordinance. Failure to post the area as required in this subsection shall be a defense in any prosecution under an ordinance adopted by any city under authority of this section. [Formerly 449.327; 2011 c.597 198]
The officer in charge of the domestic water supply source or the community water supply system serving the city shall investigate complaints made concerning purity of the source or system and if the complaint appears to be well founded, file a complaint against the person violating ordinances of the city and cause arrest and prosecution. [Formerly 449.335]
The mayor or authorities having control of the community water supply system supplying the city may appoint special police officers who: (1) After taking oath, shall have the powers of constables. (2) May arrest with or without warrant any person committing, within the territory described in ORS 448.295, for: (a) Any offense against the purity of the domestic water supply source or the community water supply system under state law or an ordinance of such city; or (b) Any violation of any rule of the Oregon Health Authority or the authorities having control of the city water system for the protection of the purity of the domestic water supply source or the community water supply system. (3) May take any person arrested for any violation under this section before any court having jurisdiction thereof to be proceeded with according to law. (4) When on duty, shall wear in plain view a badge or shield bearing the words "Special Police" and the name of the city for which appointed. [Formerly 449.315; 1991 c.67 124; 2003 c.14 271; 2009 c.595 863]
In cases of violation of any ordinance adopted under ORS 448.300 or 448.305 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]
(1) The Director of the Oregon Health Authority may prohibit the sale of water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings in this state and the installation or use of water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings in any private or public potable water supply system or individual water users lines until such time as the director determines that adequate standards exist and are practiced in the manufacture of water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings to insure that the pipe and solder do not present a present or potential threat to the public health in this state. (2) The director shall adopt, by rule, product acceptability criteria for water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings for water supply purposes which insure that the pipe and solder do not present a threat to the public health in this state. The Oregon Health Authority shall be responsible for the monitoring of the sale and use of water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings for compliance with the product acceptability criteria. The Department of Consumer and Business Services shall cooperate with, and assist, the authority in its monitoring efforts. (3) No water pipe used to carry potable water or solders, fillers or brazing material used in making up joints and fittings which does not conform to the product acceptability criteria adopted under subsection (2) of this section shall be sold in this state or installed in any part of any public or private potable water supply system or individual water users lines. (4) Notwithstanding subsection (1) or (3) of this section, the director may grant exemptions from any prohibition of the sale or use of water pipe used to carry potable water for the emergency repair or replacement of any existing part of a water supply system, or for the necessary use by a well driller in the installation of a well. The director may require any person using water pipe used to carry potable water under this subsection to notify the authority of the date and location of that use. [1979 c.535 1; 1987 c.414 152; 2009 c.595 864]
As used in ORS 448.405 to 448.465: (1) "Commission" means the Environmental Quality Commission. (2) "Department" means the Department of Environmental Quality. (3) "Director" means the Director of the Department of Environmental Quality. (4) "Operator" means a person responsible for the operation of a potable water treatment plant, water distribution system or sewage treatment works. (5) "Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality or any other political subdivision of this state, any interstate body or any other legal entity. (6) "Potable water treatment plant" means that portion of a water system that in some way alters the physical, chemical or bacteriological quality of the water being treated. (7) "Sewage treatment works" means any structure, equipment or process required to collect, carry away and treat domestic waste and dispose of sewage as defined in ORS 454.010. (8) "Supervise" means to operate or to be responsible for directing employees that are responsible for the operation of a water system. (9) "Water distribution system" means that portion of the water system in which water is stored and conveyed from the potable water treatment plant or other supply point to the premises of a consumer. (10) "Water system" means potable water treatment plants and water distribution systems: (a) That have 15 or more service connections used by year-round residents or that regularly serve 25 or more year-round residents; or (b) That regularly serve at least 25 of the same persons for more than six months per year. [1987 c.635 1; 1999 c.653 4; 2001 c.900 197] Note: 448.405 to 448.465 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.
To aid and advise the Environmental Quality Commission and the Oregon Health Authority in the adoption of rules under ORS 448.410 and 448.450, the Director of the Department of Environmental Quality and the Director of the Oregon Health Authority shall appoint an advisory committee. The members of the committee shall include but need not be limited to representatives of all types of water systems. [1987 c.635 16; 2009 c.595 865] Note: See note under 448.405.
On or before January 1 of each odd-numbered year, the Department of Environmental Quality and the Oregon Health Authority shall develop and submit a joint report to the Legislative Assembly. The report shall include, but need not be limited to: (1) A summary of actions taken under ORS 448.405 to 448.465, 448.992 and 448.994; (2) An evaluation of the effectiveness of such actions; and (3) Any information and recommendations, including legislative recommendations the department or the authority considers appropriate. [1987 c.635 17; 2001 c.900 198; 2003 c.14 272; 2009 c.595 866] Note: See note under 448.405.
(1) The Environmental Quality Commission shall: (a) Adopt rules necessary to carry out the provisions of ORS 448.410 to 448.430 and 448.992. (b) Classify all sewage treatment works. In classifying the sewage treatment works, the commission shall take into consideration size and type, character of wastewater to be treated and other physical conditions affecting the sewage treatment works and the skill, knowledge and experience required of an operator. (c) Certify persons qualified to supervise the operation of sewage treatment works. (d) Subject to the prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee, establish a schedule of fees for certification under paragraph (c) of this subsection. The fees established under the schedule shall be sufficient to pay the costs incurred by the Department of Environmental Quality in carrying out the provisions of ORS 448.410 to 448.430 and 448.992 and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. (2) The commission may grant a variance from the requirements of ORS 448.415, according to criteria established by rule by the commission. (3) In adopting rules under this section, the commission shall consult with the Oregon Health Authority in order to coordinate rules adopted under this section with rules adopted by the authority under ORS 448.450. [1987 c.635 2; 1991 c.703 9; 2003 c.14 273; 2009 c.595 867] Note: See note under 448.405.
(1) Except as provided in ORS 448.430, any sewage treatment works, whether publicly or privately owned, used or intended for use by the public or private persons must be supervised by an operator certified pursuant to ORS 448.410. The operators certification must correspond to the classification of the sewage treatment works supervised by the operator. (2) Except as provided in ORS 448.430, a person may not: (a) Allow any sewage treatment works to be operated unless the operator is certified or the sewage treatment works is supervised by an operator certified under the provisions of ORS 448.410 to 448.430 and 448.992. (b) Perform the duties of an operator unless the person is certified under the provisions of ORS 448.410 to 448.430 and 448.992. [1987 c.635 3,4] Note: See note under 448.405.
On and after September 27, 1987, an operator holding a current Oregon sewage treatment certification issued under a voluntary certification program shall be considered certified under the program established under ORS 448.410 at the same classification and grade. Certification of operators by any state that, as determined by the Director of the Department of Environmental Quality, accepts certifications made under ORS 448.410 to 448.430 and 448.992, shall be accorded reciprocal treatment and shall be recognized as valid and sufficient within the purview of ORS 448.410 to 448.430 and 448.992, if in the judgment of the director, the certification requirements of such state are substantially equivalent to the requirements of ORS 448.410 to 448.430 and 448.992 or any rule adopted under ORS 448.410 to 448.430 and 448.992. [1987 c.635 5] Note: See note under 448.405.
Any fees collected pursuant to the schedule adopted under ORS 448.410 shall be deposited in the General Fund of the State Treasury to the credit of the Department of Environmental Quality. Such fees are continuously appropriated to the department to pay the cost of administering the provisions of ORS 448.410 to 448.430 and 448.992. [1987 c.635 6] Note: See note under 448.405.
The requirements of ORS 448.415 shall not apply to: (1) Any sewage treatment works with an approved design flow of less than 75,000 gallons a day, if the owner has contracted with a certified operator to provide part-time supervision as the Environmental Quality Commission by rule determines necessary; or (2) A subsurface sewage disposal system as defined in ORS 454.605. [1987 c.635 7] Note: See note under 448.405.
(1) The Oregon Health Authority shall: (a) Adopt rules necessary to carry out the provisions of ORS 448.450 to 448.465, 448.992 and 448.994. (b) Classify all potable water treatment plants and water distribution systems actually used or intended for use by the public. In classifying the potable water treatment plants and water distribution systems, the authority shall take into consideration size and type, character of water to be treated and other physical conditions affecting the treatment plants and distribution systems and the skill, knowledge and experience required of an operator. (c) Certify persons qualified to supervise the operation of a potable water treatment plant or a water distribution system. (d) Subject to the prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee, establish a schedule of fees for certification under paragraph (c) of this subsection. The fees established under the schedule shall be sufficient to pay the cost of the authority in carrying out the provisions of ORS 448.450 to 448.465, 448.992 and 448.994 and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. (2) Notwithstanding the authority of the Oregon Health Authority to establish fees for certification under subsection (1)(d) of this section, the authority will not establish fees for certification of operators of water systems serving ground water to fewer than 150 service connections. (3) In adopting rules under this section, the authority shall consult with the Department of Environmental Quality in order to coordinate rules adopted under this section with rules adopted by the Environmental Quality Commission under ORS 448.410. [1987 c.635 9; 1991 c.67 125; 1991 c.703 10; 2001 c.723 1; 2001 c.900 199a; 2009 c.595 868] Note: See note under 448.405.
(1) Any potable water treatment plant or water distribution system whether publicly or privately owned, used or intended for use by the public or private persons must be supervised by an operator certified pursuant to ORS 448.450. The operators certification must correspond to the classification of the water treatment plant or distribution system supervised by the operator. (2) A person may not: (a) Allow any potable water treatment plant or water distribution system to be operated unless the operator is certified or the potable water treatment plant or water distribution system is supervised by an operator certified under the provisions of ORS 448.450 to 448.465, 448.992 and 448.994. (b) Perform the duties of an operator unless the person is certified under the provisions of ORS 448.450 to 448.465, 448.992 and 448.994. [1987 c.635 10,11; 2001 c.723 2] Note: See note under 448.405.
On and after September 27, 1987, an operator holding a current Oregon water treatment certification issued under a voluntary certification program shall be considered certified under the program established under ORS 448.450 at the same classification and grade. Certification of operators by any state that, as determined by the Oregon Health Authority, accepts certifications made under ORS 448.450 to 448.465, 448.992 and 448.994, shall be accorded reciprocal treatment and shall be recognized as valid and sufficient within the purview of ORS 448.450 to 448.465, 448.992 and 448.994, if in the judgment of the Director of the Oregon Health Authority, the certification requirements of such state are substantially equivalent to the requirements of ORS 448.450 to 448.465, 448.992 and 448.994 or any rule adopted under ORS 448.450 to 448.465, 448.992 and 448.994. [1987 c.635 12; 2009 c.595 869] Note: See note under 448.405.
Any fees collected pursuant to the schedule adopted under ORS 448.450 shall be deposited in the General Fund of the State Treasury to the credit of the Oregon Health Authority. Such fees are continuously appropriated to the authority to pay the cost of administering the provisions of ORS 448.450 to 448.465, 448.992 and 448.994. [1987 c.635 13; 2009 c.595 870; 2011 c.720 205] Note: See note under 448.405.
(1) Violation of ORS 448.005 to 448.090 by any person, firm or corporation, whether acting as principal or agent, employer or employee, is a Class B misdemeanor. Each day that the violation continues is a separate offense. (2) Subject to ORS 153.022, violation of any of the following is a Class A misdemeanor: (a) Any rule of the Oregon Health Authority adopted pursuant to ORS 448.115 to 448.330. (b) Any order issued by the authority pursuant to ORS 448.175. (c) ORS 448.265 or 448.315 (2)(a). [Amended by 1967 c.344 8; subsections (2) to (5) enacted as 1973 c.835 177; 1975 c.254 18; part renumbered subsection (5) of 468.990; 1983 c.271 4; 1999 c.1051 302; 2009 c.595 871; 2011 c.597 199]
(1) Any person who knowingly and willfully violates ORS 448.415 (2) commits a Class B misdemeanor. (2) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under ORS 448.410 to 448.430, or by any rule adopted under ORS 448.410 to 448.430, commits a Class B misdemeanor. [1987 c.635 8; 2011 c.597 200]
(1) Any person who knowingly and willfully violates ORS 448.455 (2) commits a Class B misdemeanor. (2) Subject to ORS 153.022, any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under ORS 448.450 to 448.465 and 448.992, or by any rule adopted under ORS 448.450 to 448.465 and 448.992, commits a Class B misdemeanor. [1987 c.635 15; 1999 c.1051 303; 2011 c.597 201]
[1969 c.593 3; 1973 c.835 1; renumbered 468.005]
[Amended by 1959 c.357 1; 1961 c.332 1; renumbered 449.077 and then 468.710]
[Amended by 1959 c.357 2; 1961 c.332 2; renumbered 449.095 and then 468.715]
[1967 c.424 2 (enacted in lieu of 449.015); 1969 c.314 46; 1969 c.593 4; 1969 c.695 8; 1973 c.835 2; renumbered 468.010]
[1969 c.593 6 (enacted in lieu of 449.025); 1971 c.253 1; 1973 c.835 9; renumbered 468.040]
[1969 c.593 7; 1973 c.835 10; renumbered 468.045]
[Amended by 1959 c.357 4; 1961 c.332 3; renumbered 449.080]
[1969 c.593 1; 1973 c.835 7; renumbered 468.030]
[1971 c.551 8; 1973 c.835 15; renumbered 468.075]
[1957 c.192 3; renumbered 449.390 and then 454.405]
[Amended by 1957 c.192 1; renumbered 449.395 and then 454.415]
[1957 c.192 4; renumbered 449.400 and then 454.425]
[Amended by 1959 c.357 6; 1961 c.332 4; renumbered 449.092]
[1959 c.357 7; 1961 c.332 5; renumbered 449.097]
[1959 c.357 8; 1969 c.593 9; 1973 c.835 21; renumbered 468.120]
[1959 c.357 9; 1961 c.332 6; renumbered 449.088]
[Amended by 1959 c.357 10; 1961 c.332 7; renumbered 449.100]
[1969 c.593 50; 1973 c.835 11; renumbered 468.055]
[1969 c.593 51; 1969 c.608 6; 1973 c.835 12; renumbered 468.060]
[Amended by 1959 c.357 12; 1961 c.332 8; renumbered 449.090 and then 468.110]
[Amended by 1967 c.426 1; 1973 c.835 110; renumbered 468.705]
[1961 c.332 12; 1967 c.426 2; 1969 c.593 11; 1973 c.835 109; renumbered 468.700]
[Formerly 449.005; 1967 c.426 7; 1973 c.835 111; renumbered 468.710]
[1967 c.426 4; 1969 c.593 12; 1973 c.835 113; renumbered 468.720]
[1969 c.593 15 (enacted in lieu of 449.080); 1973 c.92 4; 1973 c.835 114; renumbered 468.725]
[1969 c.593 14 (enacted in lieu of 449.080); 1973 c.835 8; renumbered 468.035]
[1967 c.426 6; 1969 c.593 16; 1973 c.92 1; 1973 c.835 116; renumbered 468.740]
[1961 c.332 11; 1967 c.426 9; 1969 c.593 17; 1973 c.835 115; renumbered 468.735]
[Formerly 449.065; 1969 c.593 19; 1969 c.608 1; 1973 c.835 18; renumbered 468.110]
[Formerly 449.010; 1967 c.426 10; 1973 c.835 112; renumbered 468.715]
[1967 c.426 5; 1973 c.835 117; renumbered 468.745]
[Amended by 1963 c.529 1; 1967 c.426 12; 1973 c.835 132; renumbered 164.785]
[1959 c.688 2; 1967 c.426 19; 1969 c.511 5; 1971 c.404 7; subsection (5) enacted as 1971 c.404 2; 1973 c.835 133; renumbered 164.775]
[1969 c.251 2; renumbered 468.775]
[1969 c.251 3; 1973 c.835 118; renumbered 468.750]
[1971 c.775 1, 2; 1973 c.835 119; renumbered 468.755]
[1971 c.667 1, 2; 1973 c.835 120; renumbered 468.760]
[1965 c.362 2 (1) (part); renumbered 468.765]
[1965 c.362 2(1) (part), (2); 1967 c.426 13; 1969 c.593 23; 1973 c.835 121; renumbered 468.770]
[1971 c.524 2; 1973 c.835 122; renumbered 468.780]
[1971 c.524 3; 1973 c.835 123; renumbered 468.785]
[1971 c.524 4; 1973 c.835 124; renumbered 468.790]
[1971 c.524 5; 1973 c.835 125; renumbered 468.795]
[1971 c.524 6, 7; 1973 c.835 126; renumbered 468.800]
[1971 c.524 10; 1973 c.835 127; renumbered 468.805]
[1971 c.524 11; 1973 c.835 128; renumbered 468.810]
[1971 c.524 12; 1973 c.835 6; renumbered 468.095]
[1971 c.524 8; 1973 c.835 5; renumbered 468.020]
[1971 c.524 14, 15, 16; 1973 c.835 128a; renumbered 468.815]
[Amended by 1973 c.835 178; renumbered 448.215]
[Amended by 1959 c.335 1; 1971 c.763 5; 1973 c.835 179; renumbered 448.225]
[1971 c.763 4; 1973 c.835 184; renumbered 448.220]
[Amended by 1953 c.253 2; 1971 c.763 6; 1973 c.835 180; renumbered 448.230]
[1971 c.763 7, 12; 1973 c.835 181; renumbered 448.240]
[Amended by 1959 c.335 2; 1969 c.593 25; 1971 c.763 14; 1973 c.835 182; renumbered 448.235]
[1971 c.763 8; 1973 c.835 183; renumbered 448.245]
[1971 c.763 11; 1973 c.835 172; renumbered 448.250]
[Amended by 1973 c.835 186; renumbered 448.295]
[Amended by 1973 c.835 187; renumbered 448.300]
[Amended by 1973 c.835 188; renumbered 448.315]
[Amended by 1973 c.835 193; renumbered 448.265]
[1957 c.690 1; 1973 c.723 119; 1973 c.835 189; renumbered 448.305]
[1957 c.690 2; 1973 c.835 190; renumbered 448.320]
[Amended by 1973 c.835 191; renumbered 448.310]
[Amended by 1973 c.835 192; renumbered 448.325]
[Formerly 449.038; 1973 c.835 194; renumbered 454.405]
[Formerly 449.040; 1973 c.835 195; renumbered 454.415]
[Formerly 449.043; 1973 c.835 196; renumbered 454.425]
[Amended by 1973 c.494 2; 1973 c.835 198; renumbered 454.105]
[Amended by 1973 c.835 199; renumbered 454.115]
[Renumbered 454.125]
[Amended by 1973 c.835 200; renumbered 454.135]
[Amended by 1973 c.835 201; renumbered 454.145]
[Renumbered 454.155]
[Amended by 1973 c.835 202; renumbered 454.165]
[Amended by 1973 c.835 203; renumbered 454.175]
[1967 c.423 1; 1973 c.835 204; renumbered 454.505]
[1967 c.423 2, 3; 1973 c.835 204a; renumbered 454.515]
[1967 c.423 4; 1969 c.656 4; 1973 c.835 205; renumbered 454.525]
[1967 c.423 5; 1973 c.835 206; renumbered 454.535]
[1967 c.592 2; 1969 c.340 4; 1973 c.835 30; renumbered 468.155]
[1967 c.592 1; renumbered 468.160]
[1967 c.592 3; 1969 c.340 5; 1973 c.831 4; 1973 c.835 31; renumbered 468.165]
[1967 c.592 4, 5(4) (c); 1969 c.340 6; 1973 c.831 5; 1973 c.835 32; renumbered 468.170]
[1967 c.592 5(1), (2), (3), (4) (a) and (b); 1973 c.835 33; renumbered 468.185]
[1969 c.340 9; 1973 c.831 6; 1973 c.835 34; renumbered 468.190]
[1969 c.503 2; 1971 c.662 1; 1973 c.839 1; renumbered 468.195]
[1969 c.503 3; 1973 c.835 36; renumbered 468.200]
[1969 c.503 5; 1973 c.835 37; renumbered 468.205]
[1969 c.503 4; 1973 c.835 38; renumbered 468.210]
[1969 c.503 6; 1973 c.835 39; renumbered 468.215]
[1969 c.503 7; 1971 c.50 1; 1971 c.662 3; 1973 c.778 5; 1973 c.835 40; 1973 c.839 2; renumbered 468.220]
[1971 c.50 3; renumbered 468.225]
[1969 c.503 8; 1973 c.835 41; renumbered 468.230]
[1969 c.503 9; 1973 c.835 42; renumbered 468.235]
[1971 c.50 4; 1973 c.835 43; renumbered 468.240]
[1969 c.503 10; 1973 c.835 44; renumbered 468.245]
[1971 c.50 7; 1973 c.835 45; 1973 c.839 3; renumbered 468.250]
[1971 c.50 5; 1971 c.662 4; 1973 c.835 46; renumbered 468.255]
[1971 c.50 6; 1973 c.835 47; renumbered 468.260]
[1969 c.331 2; 1973 c.835 62; renumbered 468.340]
[1969 c.331 3; 1973 c.835 58; renumbered 468.320]
[1969 c.331 4; 1973 c.835 59; renumbered 468.325]
[1969 c.331 8; 1973 c.835 61; renumbered 468.335]
[1971 c.406 2, 6; 1973 c.835 56; renumbered 468.310]
[1971 c.406 3, 4; 1973 c.835 57; renumbered 468.315]
[1971 c.406 5; 1973 c.835 13; renumbered 468.065]
[1971 c.406 8; 1973 c.835 60; renumbered 468.330]
[1971 c.424 2; 1973 c.835 81; renumbered 468.410]
[1971 c.424 3; 1973 c.835 82; renumbered 468.415]
[1971 c.424 4; 1973 c.835 83; renumbered 468.420]
[1961 c.426 3; 1969 c.216 1; 1973 c.835 48; renumbered 468.275]
[1961 c.426 1; 1967 c.425 3; 1969 c.216 2; 1973 c.835 49; renumbered 468.280]
[1961 c.426 2; 1973 c.835 50; renumbered 468.285]
[1961 c.426 5; 1969 c.613 4; 1971 c.563 7; 1973 c.835 51; renumbered 468.290]
[1969 c.593 28 (enacted in lieu of 449.780); 1973 c.835 54; renumbered 468.305]
[1961 c.426 7; 1969 c.593 30; 1973 c.835 52; renumbered 468.295]
[1961 c.426 15; 1971 c.315 2; 1973 c.835 63; renumbered 468.345]
[1961 c.426 11; 1973 c.835 16; renumbered 468.090]
[1961 c.426 14; 1973 c.835 53; renumbered 468.300]
[1969 c.613 1; 1973 c.835 84; renumbered 468.450]
[1969 c.504 1; 1973 c.835 77; renumbered 483.825]
[1967 c.425 2; 1973 c.835 92; renumbered 468.500]
[1967 c.425 4; 1973 c.835 93; renumbered 468.505]
[1971 c.635 2; 1973 c.835 94; renumbered 468.510]
[1971 c.635 3; 1973 c.835 101; renumbered 468.545]
[1967 c.425 6; 1969 c.113 1; renumbered 468.520]
[1971 c.635 4; 1973 c.835 97; renumbered 468.525]
[1967 c.425 7; 1973 c.835 95; renumbered 468.515]
[1971 c.406 10; 1973 c.835 103; renumbered 468.555]
[1967 c.425 9; 1973 c.835 98; renumbered 468.530]
[1967 c.425 16; 1969 c.567 1; 1973 c.835 102; renumbered 468.550]
[1967 c.425 13, 14; 1973 c.835 104; renumbered 468.560]
[1967 c.425 11; 1973 c.835 105; renumbered 468.565]
[1967 c.425 12; 1971 c.389 1; 1973 c.835 100; renumbered 468.540]
[1967 c.425 18; 1973 c.835 106; renumbered 468.570]
[1967 c.425 19; 1973 c.835 107; renumbered 468.575]
[1971 c.336 2; 1973 c.835 108; renumbered 468.580]
[1971 c.563 1; 1973 c.835 85; renumbered 468.455]
[1971 c.563 2; 1973 c.835 86; renumbered 468.460]
[1971 c.563 3; 1973 c.835 87; renumbered 468.465]
[1971 c.563 4; 1973 c.835 88; renumbered 468.470]
[1971 c.563 5; 1973 c.835 89; renumbered 468.475]
[1971 c.563 13; 1973 c.577 2; 1973 c.835 90; renumbered 468.480]
[1971 c.563 12; 1973 c.578 3; 1973 c.835 91; renumbered 468.485]
[1971 c.454 3; 1973 c.835 64; renumbered 468.360]
[1971 c.454 2; 1973 c.835 65; renumbered 468.365]
[1971 c.454 4; 1973 c.835 68; renumbered 468.375]
[1971 c.454 5; 1973 c.835 73; renumbered 468.395]
[1971 c.454 6; 1973 c.835 66; renumbered 468.370]
[1971 c.454 7; 1973 c.835 74; renumbered 468.400]
[1971 c.454 9; 1973 c.835 69; renumbered 468.380]
[1971 c.454 20; 1973 c.835 75; renumbered 468.405]
[1971 c.420 2(2); 1973 c.835 22; renumbered 468.125]
[1971 c.420 2(3); 1973 c.835 23; renumbered 468.130]
[1971 c.420 2(4), (5), (6), (7); 1973 c.835 24; renumbered 468.135]
[1971 c.420 4; 1973 c.835 20; renumbered 468.115]
[Subsection (6) enacted as 1953 c.253 4; 1957 c.192 5; subsection (2) enacted as 1959 c.688 3; 1961 c.332 9; subsections (18) and (19) enacted as 1961 c.426 16; 1965 c.362 4; 1967 c.426 18; subsection (20) enacted as 1967 c.425 15; 1969 c.511 6; subsection (4) enacted as 1969 c.251 4; subsection (21) enacted as 1969 c.331 9; subsection (22) enacted as 1969 c.504 2; 1971 c.763 17; subsection (23) enacted as 1971 c.406 11; subsection (24) enacted as 1971 c.563 6; 1973 c.92 5; repealed by 1973 c.835 234]
[1969 c.250 1; 1973 c.835 29; renumbered 468.997]
[1971 c.420 2(1); 1973 c.92 6; 1973 c.835 25; renumbered 468.140]
As used in ORS 450.005 to 450.245, unless the context requires otherwise: (1) "District board" means the governing body of a district. (2) "County board" means the county court or board of county commissioners of the county. (3) "County" means the county in which the district, or the greater portion of the taxable assessed value of the district or proposed district, is located. (4) "District" means a sanitary district formed in one or more counties and outside the corporate limits of any city pursuant to ORS 450.005 to 450.245 or pursuant to any law which those sections supersede. (5) "Owner" means the holder of the record title to real property or the vendee under a land sale contract, if there is such a contract. (6) "Secretary" means the secretary of the district. [Amended by 1969 c.563 1; 1983 c.83 87; 2001 c.373 1]
Sanitary districts may be formed for the purpose of providing sanitation facilities and services. In addition to the other matters, a petition for formation of a sanitary district shall state the number of members, three or five, on the district board. [1955 c.442 2 (enacted in lieu of 450.010); 1969 c.563 2; 1971 c.727 119; 1975 c.647 36]
(1) The power and authority given a sanitary district, except as otherwise provided, shall be exercised by a board of three or five members, according to the number set forth in the petition for formation. (2) A person is qualified to be a member of the board if the person is an elector of or owner in the district. (3) If the first board to be elected has three members: (a) The terms of the candidates receiving the highest and second highest votes expire June 30 next following the second regular district election. (b) The term of the candidate receiving the third highest vote expires June 30 next following the first regular district election. (4) If the first board to be elected has five members: (a) The terms of the candidates receiving the first, second and third highest votes expire June 30 next following the second regular district election. (b) The term of the candidate receiving the fourth or fifth highest vote expires June 30 next following the first regular district election. [Amended by 1955 c.442 6; 1971 c.647 83; 1971 c.727 120,195; 1973 c.796 62; 1975 c.647 34; 1983 c.83 88; 1983 c.350 262; 2007 c.168 1]
(1) The officers of the district shall be the district board, consisting of three or five members, and a secretary appointed by the board. (2) Except as to those members of the board who are elected on formation and those members who are elected at an election when the number of board members is increased to five, the term of office of each elected member shall be four years. (3) Vacancy in the membership of the board shall occur by reason of the occurrence of any event listed in ORS 236.010 or, unless excused, by failure to attend three successive regular board meetings. The district board shall fill any vacancy on the board as provided in ORS 198.320. [Amended by 1955 c.442 7; 1967 c.439 1; 1969 c.563 11,29; 1969 c.669 9; 1975 c.647 35; 1983 c.350 263]
(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 to 255.205. [1983 c.350 268]
(1) A district having a three member board may vote to increase the number of members on the board to five at a regular district election as provided in this section. The board shall order an election on the question of increased membership when a petition is filed with the secretary of the board requesting that the electors of the district be permitted to vote on the question. The requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition in ORS 255.135 to 255.205. The board shall be increased to five members if a majority of the votes cast on the question favors the increase. (2) At the same election at which the question of increasing the board from three to five members is voted upon, the electors shall vote for a number of candidates: (a) To fill any vacancy; (b) To elect a successor to any position the term of which expires June 30 next following the election; and (c) To elect two candidates to fill the two new board positions if the board membership is increased. (3) If the board membership is increased under this section, the Secretary of State by rule shall adjust and stagger the terms of the board members elected at the election under this section as necessary so that at least two board members are elected at each subsequent regular district election. [1955 c.442 5; 1971 c.647 85; 1983 c.350 265]
(1) At its first regular meeting each year, or as soon thereafter as practicable, the board shall choose one of its members as president and appoint a secretary. (2) The secretary shall receive such compensation as is fixed by the order of the board. (3) The secretary shall perform all duties required by the board and those prescribed in ORS 450.005 to 450.245. (4) Within 30 days following the entry of the order establishing a district, the secretary of the district shall file a written report with the Environmental Quality Commission, stating the name of the district, the date of its formation and the names and addresses of the board members, and shall furnish with the report a map showing the district boundaries. [Amended by 1957 c.671 1; 1969 c.345 9; 1971 c.727 121]
(1) The board shall hold such meetings either in the day or evening, as may be convenient, but must hold one regular monthly meeting at a stated time and public place, at which, so far as practicable, district business shall be conducted. (2) In case of the absence or inability of the president or secretary to act, the board may, by order entered in its minutes, choose a president pro tempore, or secretary pro tempore, or both. (3) Special meetings may be called by the president or two members of the board by giving notice of time and place of the meeting six hours in advance.
A sanitary district may: (1) Have and use a common seal. (2) Sue and be sued in its name. (3) Acquire, construct, reconstruct, alter, enlarge, renew, replace, operate and maintain such sewage collection and disposal systems as in the judgment of the board are necessary and proper for the area of the district. In the performance of these functions, either in or out of the district, it may join with any other public body as defined in ORS 174.109, a federal agency or another state in the joint establishment, maintenance and operation of such works, and may contract therefor within the limits of authority conferred by ORS 450.005 to 450.245. (4) Permit the use, by lease or otherwise, of any property of the district by any other public body as defined in ORS 174.109, a federal agency or another state. (5) Acquire by purchase, gift, devise, condemnation proceedings or otherwise, such real and personal property and rights of way, either within or without the limits of the district, as in the judgment of the board are necessary or proper to the exercise of its powers, and to pay for and hold the same. (6) Make and accept contracts, deeds, releases and documents that, in the judgment of the board, are necessary or proper in the exercise of any of the powers of the district. (7) Issue bonds as provided in ORS 450.095 to 450.125. (8) Determine the rate of levy of taxes in the district, and fix sewer rentals, charges and assessments as provided in ORS 450.130 to 450.175. (9) Employ and pay necessary agents, employees and assistants. (10) Lay its sewers and drains in any public street or road in the county, and for this purpose enter upon it and make all necessary and proper excavations, restoring it to its proper condition. However, the consent of the proper city, county or state authorities, as the case may be, shall first be obtained and the conditions of such consent complied with. (11) Maintain and operate disposal sites and solid waste collection and disposal systems in compliance with ORS 459.005 to 459.437, 459.992 (1) and (2) and 466.995 (1). (12) Call all necessary elections. (13) Compel all residents and property owners in the district to connect their houses and structures requiring sewage or drainage disposal with adjacent street sewers, drains or other sewage disposal system of the district. (14) Do any act necessary or proper to the complete exercise and effect of any of its powers or for the purposes for which it was formed. (15) Make and enforce all necessary and proper regulations for: (a) The cleanliness of roads and streets of the district. (b) All other sanitary purposes not in conflict with the laws of this state. (16) Make and enforce necessary and proper regulations governing the storage, collection, transportation and disposal of solid wastes where such regulations are supplemental to the requirements of the Environmental Quality Commission adopted pursuant to ORS 459.045 and are necessary to meet special local conditions. [Amended by 1967 c.428 13; 1969 c.563 12; 1969 c.593 38; 1971 c.36 6; 1971 c.647 86; 1971 c.648 25; 1983 c.350 266; 2001 c.104 187; 2003 c.802 116]
(1) The district board may enter into contracts for medical or any other remedial care recognized under state law and hospital services or insurance covering employees of the district for remedial care and hospital benefits. Failure to obtain insurance or service contracts shall not be construed as negligence or lack of diligence on the part of the board or the members thereof. (2) As used in this section "remedial care" includes services rendered by a person licensed to practice one or more of the healing arts within the scope of the license of the person. [1967 c.439 4]
(1) The district may agree to pay none, part or all of the premiums or charges on insurance or service contracts, and it may collect from the salary of any employee covered by the contract the percentage of the premiums or charges the employee is required to provide pursuant to the contract. Contributions for premiums or charges by employees shall be only on a voluntary basis. (2) The board may negotiate more than one contract with one or more companies or associations if necessary to obtain optimum coverage at minimum cost. (3) No premium or other periodic charge on any insurance or service contract shall be paid unless the insurer or hospital association issuing such policy or contract is authorized to transact business as an insurance company or hospital association in this state. (4) Expenses incurred by a district in establishing programs or providing benefits authorized by ORS 450.082 and this section are expenses for which a district may levy taxes as provided by ORS 450.170. [1967 c.439 3,5]
Any general regulation or ordinance of a district board shall be adopted in accordance with ORS 198.510 to 198.600. Orders not establishing a general regulation need not be posted or published. [Amended by 1971 c.268 16]
Moneys of the district may be deposited in accordance with ORS 295.001 to 295.108 and as designated by the district board. Moneys shall be withdrawn or paid out only upon proper order and warrant or check signed by the president and countersigned by the secretary. The order shall: (1) Specify the name of the person to whom the moneys are paid; (2) Specify the fund from which the moneys are paid; (3) State generally the purpose for which the moneys are paid; and (4) Be entered in the minutes of the board. [Amended by 1977 c.318 1; 2001 c.373 2; 2019 c.587 41]
(1) This section establishes the procedure for determining whether bonds of the district, either general obligation, revenue or a combination of both, shall be issued and sold to raise money for the purposes set forth in ORS 450.075 (3). The question shall be decided by election. The board: (a) May order the election on its own resolution; or (b) Shall order the election when a petition is filed as provided in this section. (2) The order of the board calling the election shall determine the form of the bonding proposal as follows: (a) The order may submit to the electors as one proposal the question of issuing bonds to make all outlays, or so many of them as may be selected; or (b) The order may submit as separate questions the issuance of bonds for any of the outlays singly or in such combinations as the order may direct. (3) The requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under ORS 255.135 to 255.205. (4) In addition to the information required under ORS 255.085 in a notice for an election on the issuance of bonds, the notice for an election under this section shall describe the form of the bonding proposal as determined under subsection (2) of this section. (5) When an election is called pursuant to a petition of electors, the proposal under subsection (2) of this section must conform with the proposal of the petition. (6) If a majority of the votes cast at a bond election is in favor of the issuance of bonds, the board may issue and dispose of the bonds proposed in the order calling the election. [Amended by 1957 c.671 2; 1969 c.563 13; 1983 c.83 89; 1983 c.350 269]
(1) General obligation or revenue bonds shall be of such denominations as the district board determines, except that no bonds shall be of a denomination greater than $5,000. (2) All bonds shall be payable in lawful money of the United States at a place named by the district board, and shall bear interest at a rate determined by the district board, payable semiannually. [Amended by 1969 c.563 14; 1981 c.94 37; 2001 c.373 3]
The proceeds of the sale of bonds shall be paid to the district. The proceeds shall be used for the purpose indicated in the order calling for election upon the question of the issuance of the bonds, and for no other purpose. However, if those purposes are entirely fulfilled, any remaining proceeds shall be used for payment of the principal and interest of the bonds. [Amended by 2001 c.373 4]
The total outstanding district bonds of all types, including improvement bonds of the kind authorized by ORS 223.205 and 223.210 to 223.295, shall at no time exceed in the aggregate 13 percent of the real market value of all taxable property within the district, computed in accordance with ORS 308.207. [Amended by 1955 c.612 1; 1963 c.9 27; 1991 c.459 402]
(1) All general obligation and revenue bonds shall be paid within a period of 30 years and in annual installments of such amounts as will make the combined amount of principal and interest payable each year as nearly equal as practicable during the years of payment. (2) Improvement bonds may be issued in the manner provided by ORS 223.205 and 223.210 to 223.295 without submitting the question of their issuance to the electors of the district. [Amended by 1955 c.612 2; 1969 c.563 15; 1983 c.350 270]
(1) The sanitary board may enact ordinances levying sewer service charges within the district, for the purpose of financing the construction, operation and maintenance of the sewage collection and disposal system. (2) The board may contract with any city or district serving water in such area to collect such service charges with the water bills, and the serving agency may cut off water for nonpayment of such service charges. The board may pay the water serving agency for the reasonable cost of such collection services. (3) Service charges may also be collected and enforced as provided in ORS 454.225. [Amended by 1975 c.247 1]
(1) For the purposes specified in ORS 450.075 (3), a district may declare by ordinance before doing the same that the cost, or any portion thereof, shall be assessed against the property directly benefited. Or it may provide in the ordinance that the cost shall be paid partly by assessment against the property directly benefited and partly out of the general funds of or sewer service charges collected by the district. (2) The determination of the board as expressed in the ordinance as to the proportion of the cost shall be based upon an exercise of the boards sound discretion.
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.
(1) When assessments are made they shall be entered into a permanent lien docket which shall be kept in the office of the district and wherein shall be shown the amount of each lien, property against which it has been assessed, the owner thereof and such additional information as is required to keep a permanent and complete record of the lien and the payments thereon. (2) The lien docket shall be a public record kept by the secretary and shall be open to inspection during all business hours established by the district.
(1) The board shall appoint a time for the hearing of remonstrances or objections against any proposed improvement regardless of the method of payment. At the time appointed all objectors or remonstrators shall have the right to be heard. (2) If two-thirds or more of the owners of the property directly benefited, which is liable for any of the cost of the sewers, drains or sewage disposal plants, file written remonstrances objecting to the proposed improvement, the board shall sustain the remonstrances, and no further proceedings in the matter of proposed improvements shall be had for a period of six months. (3) If two-thirds of the owners of the property directly benefited by the proposed improvements do not file written remonstrances against the improvement, the board may proceed with the making of the improvement.
(1) In case the whole or any portion of the cost of sewers, drains or sewage treatment plants is assessed against the property directly benefited and the owner of the property fails to pay the amount of the lien, or any portion thereof, or the interest thereon, when they become due, the board may proceed to foreclose the lien in any manner provided by law for the collection of liens by local governments as defined in ORS 174.116 and may provide by ordinance a general procedure for the collection of liens in any manner not inconsistent with law. (2) The provisions of ORS 223.405 to 223.485 relating to reassessment shall be available to sanitary districts where applicable. [Amended by 2003 c.802 117]
(1) Whenever the board deems it expedient or necessary to cause to be constructed sewers, drains or sewage treatment plants, the cost of which, in whole or in part, is to be paid either by the proceeds of the sale of bonds by the district or assessed against the property directly benefited or by both methods in proportion, the board shall retain a registered professional engineer to prepare plans and specifications for the sewers, drains or sewage treatment plants, which plans and specifications shall be filed in the office of the secretary of the district. (2) The district board may, however, adopt any plans and specifications they see fit, provided the plans have been prepared by a registered professional engineer and have been approved by the Oregon Health Authority and the Environmental Quality Commission. [Amended by 2009 c.595 872]
(1) Assessment and collection of property taxes within the district shall be made by the county officers charged with assessment and collection of other property taxes in the county in which the property lies. (2) The district board shall fix the amount of money to be raised by taxation for district purposes and for the payment of the principal and interest of outstanding indebtedness of the district which will become due during the year. (3) The district board shall, in the manner and time prescribed by law, transmit to the county assessor a statement of such taxes. If the board fails to levy a direct ad valorem tax sufficient to pay the interest on and the maturing principal of all outstanding general obligation bonds, the county board of any county in which any portion of the district is included shall levy such tax which shall be extended and collected the same as all other sanitary district taxes. [Amended by 1969 c.563 16]
(1) Taxes levied under ORS 450.170 shall be collected at the same time and in the same manner as county taxes are collected, and when collected shall be paid to the district. (2) The taxes shall be a lien upon the property against which they are levied in the sanitary district and shall be of the same force and effect as other liens for taxes. Their collection shall be enforced by the same means as provided for the enforcement of liens for state and county taxes. [Amended by 2001 c.373 5]
For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 30] Note: 450.177 was added to and made a part of 450.005 to 450.245 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) If territory proposed to be annexed is within the limits of another sanitary district, the board of the district to which annexation is proposed and the board of such other district shall meet with each other prior to the hearing on the annexation petition to agree upon a division and disposal of the properties of the other district that lie within the territory proposed to be annexed. An agreement between the boards is effective only in the event the proposed annexation is approved by the electors. (2) The plan of division of properties provided for in subsection (1) of this section shall be arrived at by giving consideration to the assessed valuation of the other district as a whole, the assessed valuation of the territory to be annexed, the types of properties and their location and intended use. If a plan of division of properties is agreed upon, the plan shall be reduced to writing and, if the proposed annexation is approved by the electors, shall be binding upon the districts party to the plan and upon all other interested persons. [Amended by 1957 c.671 7; 1969 c.563 20; 1971 c.727 123]
(1) If the territory annexed to the district was, prior to the vote on the petition for annexation, within the limits of another sanitary district, the effective date of the annexation shall be the effective date of the withdrawal from the other district of the territory previously within its limits. (2) Unless a plan for division of properties has been agreed upon as provided in ORS 450.215 (2), the district from which the territory has been withdrawn shall proceed to turn over to the district to which the territory has been annexed, its properties in the territory withdrawn. The provisions of ORS 222.560 shall govern the method and procedure by which such division of properties shall be made. (3) Notwithstanding subsection (2) of this section, the district to which the territory was annexed may, in the sound discretion of its board, assume such obligations if the obligations do not bring the total of the districts obligation above any applicable limitations prescribed by law or otherwise. When the district assumes such obligations, it shall be liable to the other district, as provided by ORS 222.520 (2)(a) or (b), at the option of the annexing district. After the district agrees to make the payments referred to in this subsection, neither the annexing district nor the annexed territory shall be charged by the other district with any future liabilities, obligations or functions of the other district. (4) Within 30 days after the effective date of the county boards order of annexation, the secretary of the annexing district shall file a written report with the Environmental Quality Commission, stating the name of the district and the date of the county boards order of annexation, and shall furnish with the report a map of the district boundaries as they are after the annexation. [Amended by 1957 c.671 10; 1969 c.563 22; 1971 c.727 124]
(1) Sanitary districts organized under chapter 385, Oregon Laws 1935, which were exercising the functions of sanitary districts on July 16, 1949, are vested with all rights, powers and obligations prescribed in ORS 450.005 to 450.245 and, after July 16, 1949, shall conduct their business in accordance with and be subject to those sections. (2) No right or obligation incurred by the formation of a sanitary district pursuant to the provisions of chapter 385, Oregon Laws 1935, as amended by chapter 402, Oregon Laws 1941, is affected by the repeal of those provisions.
(1) "District" means a sanitary district duly organized under the provisions of ORS 450.005 to 450.245, having an assessed valuation of not more than $250,000. (2) "Sewerage system" means complete or primary sewage treatment and disposal facilities, sewer mains, pumping stations, and all equipment and appurtenances necessary, useful or convenient for the treatment or disposal of sewage, or any portion of such a system, whether within or without the boundaries of a district. [1955 c.577 1; 1959 c.157 9]
Districts that have been certified by the Environmental Quality Commission as being in need of sewerage systems may apply to the State Treasurer for the financing of such costs under authority of ORS 450.250 to 450.300. The Environmental Quality Commission shall certify to the State Treasurer, in writing, a list of the districts that are in dire need of sewerage and sanitation facilities. [1955 c.577 2; 1959 c.574 1]
A district shall not apply to the State Treasurer for financing under ORS 450.250 to 450.300 unless: (1) It submits to the State Treasurer plans and specifications prepared by competent registered engineers setting forth the type or character of sewer system or sewerage facilities proposed for the particular district and the estimated cost of the system and of the appurtenances thereto. (2) It submits to the State Treasurer the proposed plan of the district for liquidation of indebtedness to be incurred for financing the cost of such system or facilities. [1955 c.577 3; 2009 c.259 26]
The bonds issued by districts pursuant to ORS 450.250 to 450.300 shall bear such dates, be in such form, run for such periods of time, bear such rates of interest, and be sold by the districts at such prices as the State Treasurer may determine. Refunding bonds of like obligation may be issued to replace outstanding bonds, provided the refunding bonds are sold publicly upon competitive bids. [1955 c.577 4; 1981 c.94 38]
(1) The State Treasurer shall be the sole judge as to whether state funds shall be invested in the bonds of a district and as to which undertakings shall first be financed. The decision of the State Treasurer on the subject of investment and priority shall be final. (2) The State Treasurer may enlist the technical services of any state officer or department in a study of the feasibility and cost of the sewerage project. The State Treasurer further may employ registered engineers, at the cost of the district, to make such a study for the district and for the State Treasurer. (3) The State Treasurer, in the discretion of the State Treasurer, may purchase with moneys from the revolving fund provided by ORS 450.250 to 450.300, general obligation sewerage system bonds of any district, issued under authority of ORS 450.250 to 450.300. If the State Treasurer deems it expedient in the acquisition and construction of a sewerage system for a district to furnish sewerage service for territory that is contiguous to or outside the boundaries of the district, the State Treasurer may authorize the district to furnish such service and to construct part of its system outside its boundaries for such purpose. (4) The State Treasurer may authorize districts to issue sewerage system bonds with the right reserved to them to redeem bonds at par value and accrued interest prior to the final maturity dates of the bonds. (5) The State Treasurer, in the discretion of the State Treasurer, may authorize deferment of payment of interest upon the sewerage bonds of the district for a period not exceeding three years, and may provide for the issuance of such bonds with graduated rates of interest. (6) The State Treasurer may specify the procedure to be followed by a district in availing itself of the provisions of ORS 450.250 to 450.300. [1955 c.577 5; 2009 c.259 27]
So long as any of the sewerage bonds of the district are owned by the state, the district shall not issue other bonds of any character without prior written approval of the State Treasurer. [1955 c.577 6]
(1) The State Treasurer may purchase from a district at private sale sewerage system bonds bearing interest at a rate agreed upon by the State Treasurer and the district. The bonds shall qualify for investment by the state only if the sewer connection charges and revenues of the sewerage system of the issuing district, after the payment of operation and maintenance expenses, are pledged wholly to the payment of the principal of and interest upon the bonds, and the issuing district shall covenant to levy ad valorem taxes upon all of the taxable property within its boundaries to meet deficiencies in the charges and revenues pledged, and only if the combined indebtedness for all public purposes, other than state or federal, within the boundaries of the district, including the proposed sewerage system indebtedness, but excluding obligations issued for other utilities that are self-supporting or self-liquidating or are approximately so, does not exceed 25 percent of the total real market value of all taxable property within the district as reflected in the last roll certified under ORS 311.105. The limitation shall apply only to districts that finance the costs of their sewerage systems under ORS 450.250 to 450.300. The limitation shall include the ratios of indebtedness to the total valuation, determined in like manner, of other subdivisions that overlap the district to an extent of more than 50 percent of the total value of the district. Indebtedness within the 25 percent limitation may be incurred by a district if approved by the electors of the district at an election called and held for that purpose. Notwithstanding that revenues may have been pledged to the payment of the principal of and the interest upon a particular issue of general obligation bonds owned by the state, the same revenues, with the approval of the State Treasurer, may be pledged to the payment of the principal of and the interest on additional issues of bonds purchased by the state from the district. The additional issues shall be on a parity with previous issues as to the pledge of charges and revenues. In order to complete the financing of a sewerage system, after bonds payable as to principal and interest from revenues and ad valorem taxation have been issued, the State Treasurer may purchase issues of general obligation sewerage system bonds of districts, payable only from ad valorem property taxes, provided such issues, together with other obligations of the district, do not exceed the debt limits specified in this section. (2) All bonds heretofore issued under authority of ORS 450.250 to 450.300 and sold to the state, and the proceedings under which they were issued, are approved, validated, ratified, and confirmed, and the bonds are the valid and legally binding general obligations of the issuing district. [1955 c.577 7; 1957 c.121 1; 1959 c.574 2; 1971 c.647 91; 1981 c.94 39; 1981 c.804 101; 1991 c.459 403; 1995 c.79 224]
(1) The State Sanitary District Sewer Bond Fund is established separate and distinct from the General Fund. Moneys in the State Sanitary District Sewer Bond Fund are continuously appropriated to the State Treasurer for investment under authority of ORS 450.250 to 450.300, and for payment of costs of the State Treasurer in connection with the investment. (2) The earnings of the fund established under this section shall accrue to the General Fund, and the amounts received in payment of the principal of investments of the fund established under this section shall be credited to the General Fund, to be available for the payment of general governmental expenses. (3) The State Treasurer may engage such assistance and incur such expenses to carry out the purposes of ORS 450.250 to 450.300 as may be necessary. [1955 c.577 8; 1957 c.702 1; 1957 s.s. c.14 1; 1963 c.341 4; 2005 c.755 39]
(1) Each district financing the cost of a sewerage system under authority of ORS 450.250 to 450.300 shall submit to the State Treasurer for approval, a schedule of its rates and sewer connection charges, and proposed method of collection thereof. The rates and charges shall be such as, in the judgment of the State Treasurer, are sufficient to pay the operation and maintenance costs of the system and to liquidate, during the period approved by the State Treasurer, the indebtedness incurred by the district in the construction of the system. The State Treasurer may further require as part of the agreement to purchase the bonds of the district, that the district levy and collect assessments in the manner provided by ORS 450.005 to 450.245, and that it pledge the receipts from such assessments, both principal and interest, to the payment of its bonds and the interest thereon. The district shall be fully authorized to levy and collect such assessments against properties within or without the boundaries of the district, that will be benefited by the sewerage system of the district. Should the receipts of the district prove inadequate to pay such costs and such indebtedness, the State Treasurer may direct the district to increase its rates and charges to make the sewerage project self-supporting and self-liquidating, and the district thereupon shall establish the rates and charges prescribed by the State Treasurer. (2) If the district does not have the ability to collect sewerage charges in connection with or as part of the charge for another service or utility that can be curtailed to secure collection, and if the State Treasurer so directs, delinquent charges for use of or connection with a sewerage system shall be certified to the assessor of the county or counties in which the district is located and shall be entered upon the tax rolls of the county and be collected and accounted for in the same manner in which city taxes are collected and accounted for. The said charges shall constitute liens upon the real property of the corporation or person against whom they are assessed. (3) The district shall obtain from the State Treasurer approval of its annual budgets and tax levies before they are certified to the clerk and assessor of the county in which the district is located, for extension upon the county tax rolls. [1955 c.577 9; 1991 c.459 403a]
If any district fails to meet, when due, any obligations sold to the state under authority of ORS 450.250 to 450.300, the State Treasurer and the district may agree upon and put into effect, any plan they may consider expedient for refinancing the indebtedness of the district, or the State Treasurer, with the approval of the circuit court of the county in which the major portion of the assessed valuation of the district is located, may appoint a receiver to operate the sewerage system. The receiver shall act as such so long as the circuit court deems receivership necessary to protect the interests of the state and of the district. [1955 c.577 10]
The treasurer of each district that finances the cost of a sewerage system or facilities under authority of ORS 450.250 to 450.300 shall keep collections or assessments for sewerage service and sewer connection fees separate and distinct from other funds of the district and shall withhold from tax receipts not less often than quarterly the full amounts proportionate to the elapsed portion of the tax year that have been levied for the payment of interest on and the principal of the sewerage system bonds of the district. For failure to account for sewerage revenues and taxes as provided in this section, such treasurers shall be liable upon their official bonds. [1955 c.577 11]
(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. 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 or any other law in conflict with this section. Only bonds authorized and issued in compliance with ORS 450.005 to 450.075, 450.085 to 450.115, 450.125 to 450.245 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]
(1) A joint water and sanitary authority may be formed as provided in ORS 198.705 to 198.955. (2) Five or seven directors of the board of the joint water and sanitary authority shall be elected at the election for formation of the joint water and sanitary authority, according to the number set forth in the petition for formation. (3) When the effective date of the formation of the joint authority occurs in an odd-numbered year: (a) If the governing body of the joint authority is a board of directors of five members, three district board members shall be elected for four-year terms and the other two district board members shall be elected for two-year terms; and (b) If the governing body of the joint authority is a board of directors of seven members, four district board members shall be elected for four-year terms and the other three district board members shall be elected for two-year terms. (4) When the effective date of the formation occurs in an even-numbered year: (a) If the governing body of the joint authority is a board of directors of five members, three district board members shall be elected for three-year terms and the other two district board members shall be elected for one-year terms; and (b) If the governing body of the joint authority is a board of directors of seven members, four district board members shall be elected for three-year terms and the other three district board members shall be elected for one-year terms. (5) The terms of the members of the first board shall be determined by lot at the first meeting of the board after the election. [1993 c.577 1]
(1) In addition to formation under ORS 198.705 to 198.955, a joint water and sanitary authority may also be formed by consolidation of a water authority and a sanitary authority as provided by ORS 450.610 to 450.630 if the consolidation is approved by the electors or if it is approved by a local government boundary commission as provided by ORS 199.480 (1)(c). The authorities included in the consolidation shall be considered joined into a single new joint authority. (2) If the consolidation is approved, the authority boards and officers of the consolidating authorities shall turn over to the board of the successor authority all funds, property, contracts and records of the consolidating authorities. Upon the effective date of the consolidation, the successor joint authority shall: (a) Succeed to all the property, contracts, rights and powers of the consolidating authorities, and shall constitute and be a regularly organized authority as if originally organized in the manner provided by ORS 198.705 to 198.955; (b) Have the right to receive uncollected taxes, assessments or charges levied by the consolidating authorities and upon collection to credit the taxes, assessments or charges to the account of the successor joint authority; and (c) Subject to any debt distribution plan adopted under ORS 450.615, become liable for all the obligations, legal or contractual, of the consolidating authorities. [1993 c.577 2]
(1) In addition to formation under ORS 198.705 to 198.955, a joint water and sanitary authority may be formed by consolidation of a water authority and a sanitary authority or by the consolidation of a water authority or sanitary authority and any combination of cities or districts as provided by ORS 450.610 to 450.630 if the consolidation is approved by the electors or if it is approved by a local government boundary commission as provided in ORS 199.480 (1)(c). The entities included in the consolidation shall be considered joined into a single new joint authority. Except for the consolidation of an existing water authority and sanitary authority, if the consolidating entities are within the urban growth boundary of a city or the city provides water supply, wastewater treatment or surface water management and treatment, then the consolidating entities must: (a) Obtain consent for the consolidation by resolution of the affected city or district prior to calling an election; or (b) Comply with the formation procedures set forth in ORS 450.600 and satisfy the requirements of ORS 450.787. (2) If the consolidation is approved, the governing bodies of the affected entities and officers of the consolidating entities shall turn over to the board of the successor authority all funds, property, contracts and records of the consolidating entities. Upon the effective date of the consolidation, the successor joint authority shall: (a) Succeed to and hold the property, contracts, rights and powers of the consolidating entities with respect to water-related services and be a regularly organized authority as if originally organized in the manner provided by ORS 198.705 to 198.955; (b) Have the right to receive the uncollected taxes, assessments or charges levied by the consolidating entities and, upon collection, to credit the taxes, assessments or charges to the account of the successor joint authority; and (c) Subject to any debt distribution plan adopted under ORS 450.615, become liable for all the legal or contractual obligations of the consolidating entities. [1997 c.590 6] Note: 450.607 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 450 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) Consolidation into a joint water and sanitary authority may be initiated by resolution adopted or approved by two or more authorities or district or city governing bodies. However, of the entities initiating the proceedings for consolidation, at least one must be an authority formed under this chapter while the others may consist of any combination of districts or cities. A resolution adopted or approved under this subsection shall state the names of the affected entities and the name of the successor joint authority. (2) When proceedings have been initiated as provided in subsection (1) of this section, and the consolidating entities are subject to the jurisdiction of a local government boundary commission, the initiating documents shall be filed with the boundary commission as provided by ORS 199.476. [1993 c.577 3; 1997 c.590 7]
(1) A resolution proposing consolidation of a water authority and a sanitary authority shall state the number of members to be on the board of directors of the joint water and sanitary authority. (2) A resolution proposing consolidation of a water authority and a sanitary authority may include a debt distribution plan to be voted upon as a part of the proposal. The plan may provide for any distribution of indebtedness and may require that a consolidating authority remain solely liable for all or any portion of any indebtedness outstanding at the time of the consolidation. (3) A resolution proposing consolidation into a joint water and sanitary authority may include a declaration that some or all of the existing water or sanitary authorities or districts proposing consolidation shall be dissolved upon formation of the joint authority. (4) If the consolidation is approved, the board of the successor joint authority shall, in accordance with the debt distribution plan, levy taxes and assessments for the liquidation of any prior existing indebtedness. Such a levy shall be subject to the principal Act of the consolidated authority. [1993 c.577 4; 1997 c.590 8]
(1) When the governing body of each affected entity has adopted or approved a resolution pursuant to ORS 450.615, the governing body of the affected entity having the largest population according to the most recent federal decennial census shall call a joint assembly of the governing bodies of the affected entities. The governing body calling the joint assembly shall specify the time and place of the assembly. The secretary of the governing body shall give notice of the assembly to each member of the governing body of each affected entity. The notice shall be given by certified mail. (2) At the joint assembly, a majority of the members of each governing body constitutes a quorum for the transaction of business. (3) The assembly, by a majority of all members present, shall adopt an order calling an election in each affected authority. The order shall include the matters specified in ORS 198.745. [1993 c.577 5; 1997 c.590 9]
The governing body of each affected entity shall meet separately not later than the fifth day after receiving from the county clerk the abstract of the votes cast in the election on consolidation. At the meeting, the governing body of the entity shall determine the result of the election and certify the result. [1993 c.577 6; 1997 c.590 10]
(1) If the proposal for consolidation is approved by a majority of the votes cast in each affected authority or is approved by a local government boundary commission, the governing body of the authority with the largest population according to the most recent federal decennial census shall call a joint meeting of the governing bodies of the affected authorities. The meeting shall be held at a time and place designated by the governing body calling the meeting, not later than 10 days after the canvass of the vote in the authority last canvassed. The secretary of the authority calling the meeting shall give notice of the time and place of the meeting to each member of the governing body of each affected authority. (2) At the joint meeting, a majority of the members of the governing body of each affected authority constitutes a quorum for the transaction of business. The members so assembled shall from among the members elect five or seven persons to serve as board members of the successor joint authority until June 30 following the next regular district election as defined in ORS 255.005. The board so elected shall immediately meet and organize and shall by resolution declare the joint water and sanitary authority formed. From the date of adoption of the resolution the consolidation is complete. (3) At the first regular election held in the joint water and sanitary authority after consolidation, five or seven board members shall be elected. The terms of office of the members elected shall be determined by lot at their first meeting after their election. When the resolution proposing consolidation provides for a five-member board for the joint water and sanitary authority, the terms of three of the members first elected to the board shall expire on June 30 next following the date of the first regular district election in the joint authority. The terms of the remaining two members shall expire on June 30 next following the date of the second regular district election in the joint authority. When the resolution proposing consolidation provides for a seven-member board for the joint water and sanitary authority, the terms of four of the members first elected to the board shall expire on June 30 next following the date of the first regular district election in the joint authority. The terms of the remaining three members shall expire on June 30 next following the date of the second regular district election in the joint authority. [1993 c.577 7]
(1) The governing body of a joint water and sanitary authority shall be a board of directors of five or seven members, based upon the number of board members specified in the petition for formation or in the resolution proposing consolidation of a water authority and a sanitary authority into the joint water and sanitary authority. (2) Each director elected shall hold office from July 1 next following election. (3) The term of office of a director of a joint water and sanitary authority is four years. However, each director shall hold office until the election and qualification of a successor. (4) The board of directors of the joint water and sanitary authority shall fill any vacancy on the board as provided in ORS 198.320. (5) Any elector residing within the joint water and sanitary authority is qualified to be a member of the board of directors of the joint authority. (6) Notwithstanding subsection (5) of this section, a person who is an employee of a joint water and sanitary authority is not qualified to serve as a director of the joint water and sanitary authority by which the person is employed. [1993 c.577 9]
(1) Except as otherwise provided in this section, a joint water and sanitary authority possesses all the duties, functions and powers granted to water authorities and to sanitary authorities under ORS 450.600 to 450.989. (2) Revenue bonds issued by a joint water and sanitary authority shall be issued as prescribed in ORS chapter 287A. [1993 c.577 10; 2007 c.783 186]
(1) ORS chapter 255 governs the following: (a) The nomination and election of the members of the board of directors of a joint water and sanitary authority. (b) The conduct of elections in the joint authority. (2) The members of the board of directors of a joint water and sanitary authority shall be elected at large by position number by the electors of the district. [1993 c.577 8]
(1) The governing body of a water authority shall be a board of directors of five or seven members. (2) The term of office of a director of a water authority is four years. (3) Any elector residing within the proposed water authority is qualified to be a member of the board of directors of the authority. (4) Notwithstanding subsection (3) of this section, a person who is an employee of a water authority is not qualified to serve as a director of the water authority by which the person is employed. [1987 c.863 4; 1989 c.809 2; 1993 c.577 21]
(1) The directors of a water authority may be elected by one of the following methods: (a) Elected by the electors of zones as nearly equal in population as feasible according to the latest federal decennial census. (b) Elected at large by position number by the electors of the district. (2) Candidates for election from zones shall be nominated by the electors of the zones. (3) If the directors of the water authority are elected from zones, the board of the water authority, after each federal decennial census, shall adjust the boundaries of the zones to make them as nearly equal in population as feasible. [1987 c.863 5; 1993 c.577 22]
(1) Five or seven directors of the water authority shall be elected at the election for formation of the authority or, if no election is held on the question of formation, at the election held under ORS 198.825. (2) When the petition or resolution proposing formation provides for a five-member board for the water authority, the terms of three of the members first elected to the board shall expire on June 30 next following the date of the first regular district election in the water authority. The terms of the remaining two members shall expire on June 30 next following the date of the second regular district election in the water authority. When the petition or resolution proposing formation provides for a seven-member board for the water authority, the terms of four of the members first elected to the board shall expire on June 30 next following the date of the first regular district election in the water authority. The terms of the remaining three members shall expire on June 30 next following the date of the second regular district election in the water authority. [1987 c.863 6; 1993 c.577 23]
A water authority may be formed by any of the methods provided for in ORS 450.665 to 450.680 or 450.785. [1987 c.863 2; 1993 c.577 24]
A water authority may be formed as provided in ORS 198.800 to 198.825 except that: (1) A petition for formation shall be signed by not less than 100 electors registered in the territory subject to the petition and shall state the number of members to be on the board of directors of the proposed authority. (2) In its order creating the water authority, the county board shall prescribe the method of election of the board of the proposed authority from among the methods described in ORS 450.655. If the county board determines that the directors of the water authority shall be elected from zones, the county board shall establish and describe the zones, using streets and other generally recognizable features. [1987 c.863 3; 1993 c.577 25]
[1987 c.863 9; 1989 c.809 6; renumbered 450.987 in 1989]
Any portion of one or more counties, including both incorporated and unincorporated areas as well as areas within domestic water supply districts, county service districts for water supply works and other districts may be formed into a water authority under ORS 450.600 to 450.989. Such areas need not be contiguous. [1971 c.504 3; 1993 c.577 26]
(1) The governing bodies of two or more cities, two or more water districts or one or more cities and one or more water districts, when they consider it necessary for the public health, safety and welfare, may initiate the formation of a water authority by resolution. The resolution shall set forth the name and boundaries of the proposed water authority and the number of members to be on the board of directors of the proposed authority. The governing bodies shall file the resolution with the governing body of the principal county, as defined in ORS 198.705. If any part of the proposed water authority is within a city, the resolution shall be accompanied by a certified copy of a resolution of the governing body of the city approving the resolution that initiates formation of the water authority. (2) Upon receipt of the resolution, the county governing body or boundary commission shall determine that provision of potable water to the area within the proposed water authority can best be achieved by creation of a water authority rather than by water districts or cities. In making this determination, the county governing body shall consider the following factors: (a) The ability of the proposed authority to provide water service to the area within the proposed authority; (b) The effect on both long and short-term rates for patrons within the proposed authority; (c) The impact, if any, of the proposed water authority on adjacent special districts and cities; and (d) Consistency of the proposed water authority with the adopted comprehensive plan of the county within the boundaries of the proposed water authority. (3) After the county governing body or boundary commission makes the determination under subsection (2) of this section, the county governing body shall by order provide for a public hearing on the proposal. The order shall set forth the date, time and place of the hearing. Notice of the hearing shall be given in the manner provided by ORS 198.800 except that the notice shall state that the governing bodies of the cities or water districts have filed a resolution with the county governing body declaring their intention to initiate formation. The hearing and election on the proposal, and election of board members, shall be conducted as provided by ORS 198.800 to 198.825. [1971 c.504 4; 1983 c.740 172; 1987 c.863 11; 1989 c.809 3; 1993 c.577 27]
(1) Except as provided by subsection (2) of this section, ORS 450.070, 450.084, 450.085 and 450.600 to 450.989 apply to a water authority. (2) ORS 450.810 (1), 450.815 (7), (8) and (9), 450.820 and 450.835 do not apply to a water authority. (3) ORS 264.240, 264.250 (2), 264.300 to 264.320 and 264.505 to 264.840 are applicable to a water authority. [1971 c.504 5; 1989 c.809 4; 1993 c.577 28]
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]
A water authority may provide any of the services that it is authorized to provide under ORS 450.600 to 450.989 to other local governments as defined in ORS 174.116 situated within the boundaries of the authority at wholesale, retail or a combination of wholesale and retail. [1993 c.577 13; 2003 c.802 118]
(1) A water authority may acquire water rights from any local government as defined in ORS 174.116. Upon request by the authority if the water right acquired was for municipal use, the Water Resources Commission shall issue a new water right certificate to the water authority preserving the previously established priority of water rights. (2) In accordance with ORS 540.520 and 540.530, a water authority may change the points of diversion of water or move the water intake sources as specified in the water right permits or certificates of those local governments as defined in ORS 174.116 that were merged into the authority. [1989 c.707 1; 1993 c.577 30; 2003 c.802 119] Note: 450.695 and 450.700 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 450 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) A water authority may acquire water rights from any city or any district, as defined in ORS 543.655. Upon request by the authority, the Water Resources Commission shall issue a new water right certificate to the water authority preserving the previously established priority of water rights. (2) Upon compliance with ORS 540.520 and 540.530, a water authority may change the points of diversion of water or move the water intake sources as specified in the water right permits of those districts that were merged into the authority. Upon the filing of notice of such changes with the Water Resources Department, the changes shall not impair any water right previously vested in those districts. [1989 c.809 1; 1993 c.577 31] Note: See note under 450.695.
(1) It hereby is recognized and declared that the sewage disposal, drainage, insect control and related problems in many of the areas of the state where the population is rapidly expanding can best be solved through the cooperative and integrated effort and support of unincorporated and incorporated areas. It is the purpose of ORS 450.600 to 450.989 to provide a means whereby such cooperation and integration can be achieved and ORS 450.600 to 450.989 is to be construed liberally to accomplish this purpose. (2) It is recognized also that potable water supply problems in many areas of the state where the population is rapidly expanding can best be solved through the cooperative and integrated effort and support of unincorporated and incorporated areas. It is the purpose of ORS 450.600 to 450.989 to provide a means whereby water authorities can be formed and such cooperation and integration can be achieved and ORS 450.600 to 450.989 is to be construed liberally to accomplish that purpose. [1955 c.614 1; 1971 c.504 1; 1993 c.577 32]
As used in ORS 450.600 to 450.989 unless the context clearly indicates otherwise: (1) "Authority" means a sanitary authority established under ORS 450.600 to 450.989. (2) "Board" means the sanitary authority board under ORS 450.600 to 450.989. (3) "Construction" includes the acquisition of land or other property for the construction of an installation and the improvement, enlargement, alteration and reconstruction of an installation and the acquisition of existing sewage disposal or drainage systems, or portions thereof. (4) "Governing body" means the county court or board of county commissioners of a county. (5) "Owner of land" or "landowner" means a vendee under a recorded land sale contract or if there is no such contract the holder of the record title to the land in which vendee or holder has a present interest equal to or greater than a life estate as shown on the last available complete assessment roll in the office of the county assessor. [1955 c.614 2; 1971 c.647 92; 1983 c.83 90; 1989 c.809 7]
Any portion of one or more counties, including both incorporated and unincorporated areas as well as areas within sanitary, drainage and other districts, may be formed into a sanitary authority under ORS 450.600 to 450.989. Such areas need not be contiguous. [1955 c.614 3; 1989 c.809 8]
(1) When formation of a water authority or a sanitary authority is proposed, the petition or resolution for formation under ORS 198.705 to 198.955 or the resolution or order for formation under ORS 450.600 to 450.989 may include, in addition to the information required under ORS 198.705 to 198.955 and 450.600 to 450.989, a declaration that some or all of the existing water, sanitary or drainage districts located entirely within the proposed water authority or sanitary authority shall be dissolved upon formation of the authority. (2) Upon formation of a water authority or a sanitary authority, the districts declared to be dissolved in the petition, resolution or order for formation, either as originally filed or as amended by a local government boundary commission or by a county governing body, are extinguished upon the effective date of the formation of the water authority or the sanitary authority. On the effective date of such formation, the water authority or sanitary authority succeeds to all the assets and becomes charged with all the liabilities, obligations and functions of the districts. The district officers shall forthwith deliver to the water authority or sanitary authority the district assets and records. Uncollected taxes theretofore levied by such districts shall become the property of the water authority or the sanitary authority and be delivered to it by the county treasurer upon collection. [1993 c.577 11] Note: 450.722 was added to and made a part of 450.600 to 450.989 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
In addition to other methods of initiating proceedings for the formation of a sanitary authority under ORS 450.705 to 450.860 and 450.865 to 450.945 and when they consider it necessary for the protection of the public health, safety and welfare, the governing bodies of one or more counties may on their own motion initiate the formation of a sanitary authority by order in the manner provided in ORS 198.835. However, a district proposed to be initiated under this section need not be located entirely within one county. If the governing body of more than one county initiates formation of a sanitary authority under this section, the governing body of the principal county, as that term is defined in ORS 198.705, shall set the date, time and place of the public hearing, give notice of the hearing, conduct the hearing and call the election as provided in ORS 198.800 to 198.825. [1955 c.614 17; 1971 c.727 126; 1983 c.740 173]
(1) The governing bodies of two or more cities, two or more sanitary or drainage districts or one or more cities and one or more districts, when they consider it necessary for the public health, safety and welfare, may initiate the formation of a sanitary authority by resolution. The resolution shall set forth the name and boundaries of the proposed sanitary authority. The governing bodies shall file the resolution with the governing body of the principal county, as defined in ORS 198.705. If any part of the proposed sanitary authority is within a city, the resolution shall be accompanied by a certified copy of a resolution of the governing body of the city approving the resolution that initiates formation of the sanitary authority. (2) Upon receipt of the resolution, the county governing body or boundary commission shall determine that provision of sewage disposal or drainage services to the area within the proposed sanitary authority can best be achieved by creation of a sanitary authority rather than by sanitary or drainage districts or cities. In making this determination, the county governing body shall consider the following factors: (a) The ability of the proposed authority to provide sewage disposal or drainage services to the area within the proposed authority; (b) The effect on both long and short-term rates for patrons within the proposed authority; (c) The impact, if any, of the proposed authority on adjacent special districts and cities; and (d) Consistency of the proposed authority with the adopted comprehensive plan of the county within the boundaries of the proposed water authority. (3) After the county governing body or boundary commission makes the determination under subsection (2) of this section, the county governing body shall by order provide for a public hearing on the proposal. The order shall set forth the date, time and place of the hearing. Notice of the hearing shall be given in the manner provided by ORS 198.800 except that the notice shall state that the governing bodies of the cities or districts have filed a resolution with the county governing body declaring their intention to initiate formation. The hearing and election on the proposal, and election of board members, shall be conducted as provided by ORS 198.800 to 198.825. [1989 c.809 10]
A water authority or a sanitary authority formed under ORS 450.600 to 450.989 may be dissolved in the manner set forth in ORS 198.920 to 198.955 for other districts. [1993 c.577 12] Note: 450.788 was added to and made a part of 450.600 to 450.989 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) The officers of the authority shall be a board of five members elected as provided in ORS 450.793 and 450.795, a chairperson of the board appointed under ORS 450.806 and a manager appointed by the board under ORS 450.806. (2) Any elector residing within the proposed authority is qualified to be a member of the board of the authority. (3) Notwithstanding subsection (2) of this section, a person who is an employee of a sanitary authority is not qualified to serve as a member of the board of the sanitary authority by which the person is employed. [1955 c.614 18; 1983 c.350 270a; 1989 c.809 5]
(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 to 255.205. [1983 c.350 272b]
(1) The five persons receiving the highest number of votes shall be elected as members of the board. (2) The terms of the members of the first board shall be determined by lot at their first meeting after their election. The terms of two of the members shall expire June 30 next following the date of the first regular election in the authority. The terms of three of the members shall expire June 30 next following the date of the second regular election in the authority. [1955 c.614 19; 1971 c.647 97; 1971 c.727 127,196; 1973 c.796 64; 1975 c.647 38; 1983 c.350 271]
(1) The board may call special elections in the authority to be held on a date specified in ORS 255.345. (2) Except as provided in ORS 450.795, the term of a board member is four years. (3) The board shall fill any vacancy on the board as provided in ORS 198.320. (4) The board may submit to the electors of the district at the regular election any measure which may properly be submitted to the electors. [1955 c.614 20; 1969 c.669 10; 1971 c.647 98; 1973 c.796 65; 1975 c.647 39; 1983 c.83 91; 1983 c.350 272]
(1) The board is the governing body of the authority and shall exercise all powers thereof. (2) The board shall every two years appoint one of its members as chairperson to serve for a two-year term. A chairperson so appointed is eligible for reappointment as chairperson. (3) The board shall appoint a professionally qualified person as manager of the authority. The manager shall serve at the pleasure of the board and receive such compensation as is fixed by the board. [1955 c.614 23; 2011 c.292 3]
The manager of the authority shall, subject to the direction and control of the board, serve as the administrator and supervisor of the functions and operations of the authority and shall perform all duties prescribed by the board. [1955 c.614 24]
(1) The district board may, for the protection of the health, safety and general welfare of the authority, adopt and enforce all necessary and proper regulations or ordinances for: (a) The control of sewage disposal and drainage. (b) The storage, collection, transportation and disposal of solid wastes where such regulations are supplemental to the requirements of the rules of the Environmental Quality Commission adopted pursuant to ORS 459.045, and are necessary to meet special local conditions. (c) The cleanliness of roads and streets in the authority. (d) The control of mosquitoes and other insects. (e) All other sanitary purposes not in conflict with the laws of this state. (2) Any general ordinance of the district board shall be enacted in accordance with ORS 198.510 to 198.600. [1955 c.614 26; 1967 c.428 14; 1969 c.593 39; 1971 c.268 17; 1971 c.648 26; 1973 c.835 163]
For the purpose of carrying out the powers granted to the authority under other provisions of ORS 450.600 to 450.989 and in addition thereto, the authority may: (1) Have and use a common seal. (2) Sue and be sued in its name. (3) Permit the use, by lease or otherwise, of any property of the authority by any other authority, district, city or other governmental agency. (4) Acquire by purchase, gift, devise, condemnation proceedings or otherwise, such real and personal property and rights of way, either within or without the authority, as in the judgment of the board are necessary or proper to the exercise of its powers, and to pay for and hold the same. (5) Make and accept contracts, deeds, releases and documents which, in the judgment of the board, are necessary or proper in the exercise of any of the powers of the authority. (6) Employ and pay necessary agents, employees and assistants. (7) Lay its sewers and drains in any public street, highway or road in the county, and for this purpose enter upon it and make all necessary and proper excavations, restoring it to its proper condition. However, the consent of the proper city, county or state authorities, as the case may be, shall first be obtained and the conditions of such consent complied with. (8) Compel all residents and property owners in the authority to connect their houses and structures requiring sewage disposal with adjacent sewers within the authority. (9) Fix sewer charges and rentals. (10) Do any act necessary or proper to effect and carry out the purposes for which the authority was formed pursuant to ORS 450.600 to 450.989. [1955 c.614 25; 2001 c.104 188]
A sanitary authority may provide any of the services that it is authorized to provide under ORS 450.600 to 450.989 to other local governments as defined in ORS 174.116 situated within the boundaries of the authority at wholesale, retail or a combination of wholesale and retail. [1993 c.577 14; 2003 c.802 120] Note: 450.817 was added to and made a part of 450.600 to 450.989 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
In addition to other powers granted to it under ORS 450.600 to 450.989, the authority may: (1) Maintain and operate disposal sites and garbage collection systems in compliance with the requirements of ORS 459.005 to 459.437, 459.992 (1) and (2) and 466.995 (1). (2) Engage in mosquito and other insect control activities. [1955 c.614 27; 1967 c.428 15; 1969 c.593 40; 1971 c.648 27]
As soon as practicable after the election of the first members of the board, the board shall make a study and survey of the existing sewage disposal facilities and systems in the authority and of its sewage disposal needs, both present and future, and prepare an overall coordinated plan for the authority which incorporates, so far as practicable, existing sewage disposal and drainage systems, future sewage treatment plants, including connecting trunk and lateral sewers, and future drainage systems. Such plan shall be revised from time to time as circumstances may require. In preparing the plan or revisions thereto, the board shall take into consideration expected fluctuations in population and in business and industrial activity. [1955 c.614 28]
The sanitary authority may construct, maintain or operate sewage disposal and drainage systems, including sewage treatment plants, trunk and lateral sewers and drains, or any combination thereof, for any area within the authority. Portions of such systems may be constructed outside the authority where necessary or expedient. The authority may furnish sewage disposal service to areas outside the authority on a contract basis. [1955 c.614 29]
A sanitary authority may, in performing the powers conferred by ORS 450.830: (1) Contract with any person, or enter into intergovernmental agreements under ORS chapter 190, for the use or joint operation of all or any portion of any sewage disposal or drainage system; or (2) Purchase all or any portion of any sewage disposal or drainage system on such terms as are fair and reasonable. Where the area served by such system, or part thereof, is situated within the authority, the authority may agree, on such terms as are fair and reasonable, to furnish sewage disposal or drainage functions for the area then served by such sewage disposal or drainage system. Under this subsection, as a part of the purchase agreement and on such terms as are fair and reasonable, the authority may assume liability for any outstanding bonded or other indebtedness incurred prior to the time of purchase in connection with the facilities to be purchased. [1955 c.614 30; 2003 c.802 121]
(1) Water authorities and sanitary authorities are municipalities for the purposes of administering and enforcing the plumbing code as provided under ORS 455.150. (2) However, notwithstanding ORS 455.150 (3), a building official appointed by a water authority or sanitary authority or an inspector acting under the authority and direction of such a building official shall administer and enforce only that portion of the plumbing code governing the installation and maintenance of connections between structures and the mains and sewers of the authority. (3) Nothing in this section authorizes a building official or inspector of a water authority or sanitary authority to administer or enforce all or part of any specialty code except the plumbing code. (4) A water authority or sanitary authority shall notify the Director of the Department of Consumer and Business Services not later than May 1 of each year as to whether the authority will or will not exercise the code enforcement power granted by this section. [1989 c.809 11; 1993 c.577 33; 1995 c.553 6]
(1) The cost of construction of a sewage disposal system, including treatment plants and trunk or lateral sewers, or a drainage system shall be borne by the area directly benefited by the system. The property within such area shall bear such cost in the manner provided in ORS 450.855. (2) The cost of operation and maintenance of sewage disposal systems and drainage systems shall be borne by the area directly benefited by such systems. The property within such area shall bear such cost in the manner provided in ORS 450.880. (3) The costs and expenses of the authority which are not chargeable under ORS 450.600 to 450.989 to any particular area within the authority such as overall planning, expenses of the board, conduct of elections and hearings and mosquito and other insect control shall be borne by the entire authority in the manner provided in ORS 450.885 (1)(a). [1955 c.614 31]
Whenever the board deems it expedient or necessary for the protection of the public health, safety and welfare to cause to be constructed treatment plants or trunk or lateral sewers or drains, or any combination thereof, the board shall determine the proposed boundaries of the area to be directly benefited thereby and have a registered professional engineer prepare plans and specifications for such plants, sewers or drains. Such plans and specifications must be approved by the Oregon Health Authority and the Environmental Quality Commission and shall be filed in the office of the sanitary authority. Parcels of land which may be served practicably by lateral sewers or drains connected with treatment plants or trunk sewers or drains and are not adequately served by existing plants, sewers or drains, as the case may be, are considered to be directly benefited by the plants, sewers or drains of the sanitary authority. If all or any portion of the cost of construction is to be specially assessed against individual property, the engineer shall include in the plans and specifications, a description of the location and assessed value of each lot, tract or parcel of land, or portion thereof, to be specially benefited by the improvement, with the names of the record owners thereof and an estimate of the unit cost of the improvement to the specially benefited property. [1955 c.614 32; 2009 c.595 873]
(1) After plans and specifications have been prepared and filed as provided in ORS 450.845, the board shall hold a hearing within the authority and may adjourn the hearings from time to time. (2) The board shall post notice of the time and place of the hearing in at least three conspicuous places in the area directly benefited, for two weeks prior to the hearing and publish such notice in a newspaper of general circulation printed and published in the area once a week for two successive weeks prior to the hearing or, if there is no such newspaper, in a newspaper of general circulation printed and published in the county in which the area, or the largest portion thereof, is situated. Such notice shall contain a statement that the board proposes to construct a sewage treatment plant or trunk or lateral sewers or drains, or any combination thereof, for the area and a statement, if special assessments are to be levied against property specially benefited, showing the estimated total cost of the improvement which is to be paid for by special assessment of benefited property and the engineers estimated unit cost of the improvement to the specially benefited property, clearly indicating that this is an estimate and not an assessment; and set forth the proposed boundaries of the area and that all interested persons may appear and be heard. [1955 c.614 33; 1973 c.399 1]
At the hearing under ORS 450.850 the board may: (1) Modify the proposed boundaries of the area directly benefited by and to pay for the proposed installations except that no land in the authority which could not be directly benefited by the proposed installation may be included and no land in the authority which could be directly benefited by the proposed installation may be excluded. If it appears that land should be included in the area which was not included within the boundaries designated in the notice of the hearing and that the owners of such land have not appeared at the hearing the board shall adjourn the hearing and give notice to such owners by registered mail, by certified mail with return receipt or by posting and publishing notice in the area to be included in substantially the same manner that notice is given under ORS 450.850 (2). If the notice is given by registered or certified mail, the notice shall be mailed at least 10 days prior to the date fixed for the further hearing. The notice shall contain the date, time and place of the adjourned hearing, a statement that the board proposes to construct sewage treatment plants or trunk or lateral sewers or drains for an area within the authority, a description of the additional area to be included within such area and a statement that all persons interested may appear and be heard. (2) Determine what installations shall be constructed and the total cost of the construction. The cost of making engineering plans and specifications shall be borne by the area directly benefited by the installation as a part of the construction costs. (3) Determine the manner in which the property within the area shall bear the cost of the proposed installations. The board may provide, in its sound discretion, that the cost shall be borne by assessments against the property directly benefited, by sewer connection charges, by collection of sewer service charges in the area or, if general obligation bonds are to be issued and sold to finance the construction of the installations, by annual levies of taxes against property in the area, or by any combination of these methods. If all or a part of the cost of the proposed installations are to be borne by assessments against the property directly benefited, the board may, in its sound discretion, levy the assessments in an amount based upon the engineers estimate of the cost, or may delay the assessments until the total cost of the installation is determined. Such cost shall be apportioned, so far as practicable, in accordance with the special and peculiar benefit each parcel of land in the area could receive from the installation. Where parcels of land in the area are partially or wholly undeveloped or are devoted to uses which in no way require sewage disposal service, the board may, in its sound discretion, defer assessing, imposing or levying all or any part of the assessments, sewer service charges or taxes against such parcels until the parcels or the undeveloped portions thereof are connected with the installations. (4) Determine the method of financing the construction of the proposed installations and the amount and type of bonds, if any, to be issued and sold under ORS 450.895 to 450.920 to finance the construction of the proposed installations. [1955 c.614 34; 1973 c.399 2; 1977 c.621 1; 1991 c.249 37]
When in providing sewage disposal or drainage systems for an area within the authority the board determines that any portion of sewage treatment plants or trunk or lateral sewers or drains constructed or acquired, or being constructed or acquired, by the authority, will be used by the area, a fair and equitable portion of the original cost of such plants, sewers or drains and of improvements thereto, less depreciation, shall be charged to the area on an assessment or sewer service charge basis, or any combination thereof. The proceeds of such assessments or charges shall be used by the board, in its discretion, for payment of bonds issued to construct such plants, sewers or drains or for future improvements or additions to or maintenance of such plants, sewers or drains. The determination made under this section shall be made at the hearing of the board in connection with any proposed construction of sewage disposal or drainage systems for the area. [1955 c.614 57]
(1) After the board has concluded the hearing under ORS 450.850 and 450.855 it may adopt an ordinance specifying the installations to be constructed for the area, the boundaries of the area, the method of apportioning the construction cost to the area directly benefited, whether by assessment, by sewer connection charges, by sewer service charges or annual levy, or combinations thereof, and the method of financing the construction of the installations. A copy of the ordinance shall be published once a week for two successive weeks in a newspaper of general circulation printed and published in the area directly benefited or, if there is no such newspaper, in a newspaper of general circulation printed and published in the county in which the area, or the largest portion thereof, is situated. (2) If within 30 days after the last publication of such ordinance written remonstrances against the proposed construction are filed in the office of the authority by a majority of the owners of the land in the area directly benefited, no further proceedings shall be had in connection with the proposed construction. However, a modified proposal may be initiated within six months thereafter. (3) If such remonstrances are not filed by a majority of the owners of the land in the area directly benefited, the board may proceed with the construction of the installation in accordance with the ordinance. [1955 c.614 35; 1973 c.399 3]
(1) If the ordinance adopted under ORS 450.865 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. (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. [1973 c.399 6; 1975 c.647 40; 1983 c.350 273]
(1) All assessments made pursuant to ORS 450.855 (3) shall be determined and made by an order of the board adopted in accordance with such procedures as shall be established by a general ordinance adopted by the board. Such general ordinance shall establish a procedure for assessing property directly benefited by the installation, making supplementary assessments and rebates, notice of the proposed assessment, provide for correction of errors, establish the form of the assessment order and such other procedures as are necessary to the adoption of the assessment order. It shall not be necessary to issue a separate order for each parcel of land, and any number of parcels in the same area and the same county may be included in one order. A copy of the order making an assessment, certified and acknowledged by the manager of the authority, shall be filed with the county clerk of the county in which the land is located. Upon being filed, the assessment shall constitute a lien against the land assessed. (2) Notice of all assessments levied by an authority shall be given to the landowner by mail and shall be payable on the 30th day after such notice is mailed unless agreements for payment of such installments are made pursuant to ORS 223.205 and 223.210 to 223.295. All assessments shall be paid to the authority and a receipt shall be issued therefor. From time to time the board shall order the satisfaction of the liens against lands on which assessments have been paid, and a copy of such order shall be filed with the county clerk of the county in which the lands are located. [1955 c.614 36; 1973 c.399 4; 1977 c.621 2; 1995 c.333 23; 2001 c.215 8]
(1) In case the whole or any portion of the cost of sewage treatment plants, trunk or lateral sewers or drains is assessed against property directly benefited and the owner of the property fails to pay the amount of the lien, or any portion thereof, or the interest thereon, when due, the board may proceed to foreclose the lien in any manner provided by law for the collection of liens by local governments as defined in ORS 174.116 and may provide by ordinance a general procedure for the collection of liens in any manner not inconsistent with law. (2) The provisions of ORS 223.405 to 223.485 relating to reassessment shall be available to sanitary authorities where applicable. [1955 c.614 37; 2003 c.802 122]
(1) The authority may adopt ordinances imposing sewer service charges within an area within the authority, for the purpose of financing the improvement, operation and maintenance of a sewage disposal or drainage system acquired or constructed by the authority for the area. (2) The board may contract with any city or district serving water in such area to collect such service charges with the water bills, and the serving agency may cut off water for nonpayment of such service charges. The board may pay the water-serving agency for the reasonable cost of such collection services. (3) Service charges may also be collected and enforced in substantially the manner provided in ORS 454.225. [1955 c.614 38; 1983 c.740 174]
(1) The authority may, annually as provided in this section: (a) Levy a tax on all the property in the authority to provide funds with which to pay expenses of the authority and pay general obligation bonds of the authority which expenses and bonds are not chargeable under ORS 450.600 to 450.989 to any particular area in the authority. (b) Levy an additional tax on the property in any particular area within the authority to provide funds with which to pay any part of the principal and interest on general obligation bonds which are to be paid by such area where sewer service charges or assessments will not be sufficient to pay such principal and interest. (2) Assessment and collection of taxes levied on property within the authority shall be made by the county officers charged with assessment and collection of other property taxes in the county in which the property lies. (3) Each year, immediately after the necessary records are made, the county assessor of each county in which the authority is situated shall transmit to the board a statement in writing, showing the total value of all property within the authority and within each area within the authority which is subject to levy under subsection (1)(b) of this section as ascertained for that year from the assessment rolls of each county in which property of the authority lies. (4) The board shall prepare a budget in the form, manner and time prescribed in the Local Budget Law and in accordance therewith fix the amount of money to be raised by taxation for carrying out its functions and activities and for the payment of the principal and interest of outstanding indebtedness of the authority which will become due during the year. The board shall determine the amount of taxes to be raised from the entire authority and the additional amount to be raised from each of the areas within the authority which are directly benefited by particular installations. (5) The board shall, in the manner and time prescribed by law, transmit to the county assessor of each county a statement of taxes which are to be collected in such county. If the board fails to levy taxes under this section sufficient to pay the interest on and the maturing principal of all outstanding general obligation bonds of the entire authority or on property in areas which are primarily obligated to pay the bonds, the governing body of the counties in which the authority is situated shall cause such taxes to be levied, extended and collected and, if necessary, cause a tax on all the property in the authority to be levied, extended and collected to pay general obligation bonds of the authority. However, any levy against all property in the authority under this subsection shall not alter or limit the obligation of the area primarily obligated on the bonds as between such area and the authority. [1955 c.614 39; 1995 c.79 225]
(1) Taxes levied under ORS 450.885 shall be collected at the same time and in the same manner as county taxes are collected and, when collected, shall be paid to the sanitary authority. Taxes collected to pay expenses or obligations of a particular area shall be credited to separate accounts or funds of the authority to be used for such purposes. (2) The taxes shall be a lien upon the property against which they are levied and shall be of the same force and effect as other liens for taxes. Their collection shall be enforced by the same means as provided for the enforcement of liens for county property taxes. [1955 c.614 40; 1975 c.122 1; 2001 c.215 9]
The authority may, when authorized by a majority of the votes cast at an election by electors of the authority, issue general obligation bonds or revenue bonds, or a combination of both, for the purpose of paying the cost of acquisition or construction, operation and maintenance of sewage treatment plants or trunk or lateral sewers or drains for any area or areas within the authority or to carry out any other purpose authorized under ORS 450.600 to 450.989. Each issue of general obligation bonds shall be the general obligation of the entire authority but shall be the primary obligation of the area directly benefited by the sewage treatment plant or trunk or lateral sewers or drains constructed with the proceeds of each issue of such bonds and paid by assessment, annual levy or sewer service charges, or combinations thereof, as determined by the board under ORS 450.855. Revenue bonds shall be payable solely out of designated revenues of the authority and shall not be deemed to be a general obligation of the authority or a charge upon its tax revenues. All bonds issued shall mature serially within not to exceed 30 years from date of issue, and shall be paid in annual installments of such amounts as will make the combined amount of principal and interest payable each year as nearly equal as practicable during the years of payment. [1955 c.614 41]
Sanitary authorities organized under ORS chapter 450 that are in existence on November 1, 1981, or thereafter, are authorized to use the bonding provisions of ORS 223.205 to 223.316. [1981 c.351 1; 1991 c.902 113; 1997 c.249 151] Note: 450.897 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 450 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) Before issuing any bonds under ORS 450.895, the board at a regular meeting shall call an election and submit to the electors of the authority the question whether bonds of the authority, either general obligation, revenue, or a combination of both, shall be issued and sold to raise money for the construction of sewage treatment plants or trunk or lateral sewers or drains for any area or areas within the authority. (2) The order calling a bond election shall be signed by not less than four members of the board and may submit to the electors as one proposal the question of issuing bonds to finance one or more sewage treatment plants or trunk or lateral sewers or drains; or the order may submit as separate questions the issuance of bonds for any sewage treatment plants or trunk or lateral sewers or drains in such combinations as the order may direct. (3) The authoritys total outstanding bonds of all kinds, including improvement bonds of the kind authorized by ORS 223.205 and 223.210 to 223.295, and revenue bonds shall at no time exceed in the aggregate 13 percent of the real market value of all property by law assessable for state and county purposes within the authority as reflected in the last roll certified under ORS 311.105. [1955 c.614 42; 1981 c.804 102; 1983 c.83 92; 1991 c.459 404; 1995 c.79 226]
Notice of a bond election shall contain: (1) The information required by ORS 255.085 (2). (2) If general obligation bonds, which are to be paid by particular areas in the authority, are to be issued, a statement that the bonds will be the general obligation of the entire authority but will be the primary obligation of the areas in the authority which will be directly benefited by the sewage treatment plants or trunk or lateral sewers or drains constructed with the proceeds of the bonds and paid through assessment, annual levy, or sewer service charges, or combinations thereof, as determined by the board under ORS 450.855 and designating specifically the boundaries of such area or areas. (3) If revenue bonds are to be issued, a statement that the bonds will be payable solely out of designated revenues of the authority and will not be a general obligation of the authority or a charge upon the tax revenues of the authority. [1955 c.614 43; 1971 c.647 99; 1975 c.647 41; 1989 c.923 20; 2021 c.551 28]
If, at the bond election, a majority of the votes cast is in favor of the issuance of bonds, the board may issue the bonds as prescribed in ORS chapter 287A. [1955 c.614 45; 1969 c.694 11; 1975 c.642 24; 1977 c.188 4; 1981 c.526 6; 2001 c.215 10; 2007 c.783 188]
The proceeds of the sale of bonds shall be deposited with the county treasurer who is custodian of the funds of the authority and shall be placed by the county treasurer in the sanitary authority fund and credited to a special account or accounts which are designated for use for the particular purpose or purposes for which the bond proceeds are to be used. The proceeds of such bonds shall be used solely for the purpose or purposes indicated in the order calling for election upon the question of the issuance of the bonds and for no other purpose. However, the proceeds of the sale of the bonds may be used for payment of the principal and interest of such bonds and expenses of the formation of the authority. [1955 c.614 46]
(1) The board may, without authorization from the electors, issue refunding bonds for the purpose of refunding outstanding bonds issued under ORS 450.895 to 450.920. (2) The provisions of ORS 287A.360 to 287A.380 are applicable to refunding bonds issued and sold under this section. (3) The refunding bonds may be issued to refund bonds originally issued or to refund bonds previously issued for refunding purposes and for no other purpose. [1955 c.614 47; 2007 c.783 189]
In its discretion, the board may issue bonds of the authority with reservation of the right to redeem them for retirement or refunding purposes prior to the final dates of maturity. [1955 c.614 48; 1983 c.347 28]
(1) The county treasurer of the county in which the authority, or the largest area thereof, is situated shall be custodian of all sanitary authority taxes paid to the county treasurer in accordance with ORS 450.890 and such other funds that the authority may pay to the county treasurer for deposit to the credit of the authority. The county treasurer shall pay out moneys of the authority only upon written order of the board, signed by the chairperson of the board and countersigned by the manager of the authority. However, where the board has authorized the manager to approve and order the payment of claims in the amount of $500 or less, the treasurer shall pay out moneys of the authority on such orders of the manager. (2) The order shall specify the name of the person to whom the money is to be paid, the fund from which it is to be paid and shall state generally the purpose for which payment is to be made. (3) A copy of the order shall be filed in the records of the board. The county treasurer shall keep the order as a voucher and shall keep account of the receipts and disbursements of money for the sanitary authority. (4) The county treasurer shall keep separate accounts and funds, where necessary, to segregate the various operations and construction projects of the authority. (5) Notwithstanding the provisions of subsections (1) to (4) of this section, any funds of the authority other than taxes may be deposited, at the discretion of the board, in one or more banks or savings and loan associations to be designated by the board. Funds deposited in a bank or savings and loan association shall be withdrawn or paid out only upon proper order and warrant or check signed by the chairperson and countersigned by the manager. [1955 c.614 51; 1975 c.122 2]
(1) An authority may enter into contracts for medical, dental and hospital services or insurance covering employees of the authority for life, accidental death and dismemberment, weekly wage indemnity during disability, dental care, remedial care and hospital benefits. Failure to obtain insurance or service contracts shall not be construed as negligence or lack of diligence on the part of the board or the members thereof. (2) As used in this section, "remedial care" includes services rendered by a person licensed to practice one or more of the healing arts within the scope of the license of the person or any other remedial care recognized under the law of this state. [1973 c.399 8]
(1) The authority may agree to pay none, part or all of the premiums or charges on insurance or service contracts, and it may collect from the salary of any employee covered by the contract the percentage of the premiums or charges the employee is required to provide pursuant to the contract. Contributions for premiums or charges by employees shall be only on a voluntary basis. (2) The authority may negotiate more than one contract with one or more companies or associations if necessary to obtain optimum coverage at minimum cost. (3) No premium or other periodic charge on any insurance or service contract shall be paid unless the insurer or hospital association issuing such policy or contract is authorized to transact business as an insurance company or hospital association in this state. [1973 c.399 9]
(1) An authority may establish an employees retirement system pursuant to ORS 450.963 to 450.973. The authority may enter into agreements necessary to establish the system and carry out the plan and may agree to modifications of such agreements from time to time. (2) The retirement plan may provide for retirement benefits measured on the basis of services rendered or to be rendered by an employee, either before or after the date on which such employee first becomes a member of the retirement plan. The retirement plan may provide for a minimum of years of service and a minimum and maximum age of retirement for the employee. [1973 c.399 10]
The authority may budget and provide for payment into the fund of the retirement plan an amount sufficient: (1) To provide, on an actuarial reserve basis, the amortized level premium cost of the retirement benefits which, under the provision of the retirement system, are to be provided by the authority to its employees who attain the retirement age or retire in accordance with the terms of the retirement plan. (2) To meet the actuarially computed costs of retirement benefits measured on the basis of services rendered or to be rendered by an employee before or after the date on which such employee becomes a member of the retirement plan. [1973 c.399 11]
The authority may collect, as a contribution from any employee, that percentage of the salary received by the employee which is necessary to fund on an actuarial reserve basis the cost of retirement benefits which the employee is required to provide pursuant to the provisions of the retirement plan. [1973 c.399 12]
Nothing in ORS 450.947 to 450.977 authorizes the authority to budget, provide for payments or collect contributions to fund retirement benefits for an individual who is not in the employment of the authority at the time of the creation of a membership status under a retirement plan. [1973 c.399 13]
Expenses incurred by a district in establishing programs or providing benefits authorized by ORS 450.947 to 450.977 are expenses for which an authority may levy taxes as provided in ORS 450.885. [1973 c.399 7]
The provisions of ORS 261.605 to 261.630 relating to court proceedings to test the validity of acts and proceedings of Peoples Utility Districts hereby are made applicable, so far as practicable, to the proceedings and acts of sanitary authorities. [1955 c.614 59]
(1) Subject to subsections (3) to (6) of this section, the South Suburban Sanitary District of Klamath Falls, Oregon, may incur indebtedness by borrowing money from financial institutions or issuing revenue bonds and using real property of the district to secure the loan or provide security for payment of the bonds. (2) No recourse shall be had for payment of a loan made under this section, or interest thereon, against the general fund of the district, nor shall the credit or taxing power of the district be deemed to be pledged thereto. (3) The governing body of the district, prior to borrowing money or issuing revenue bonds under subsections (1) and (2) of this section, must find that the real property tendered as security for the loan or bonds is: (a) Not designated for use as park or open space land; and (b) Surplus to the needs of the district. (4) Prior to incurring indebtedness under subsections (1) and (2) of this section, the governing body of the district shall adopt an ordinance authorizing the indebtedness and shall submit the ordinance to the electors of the district for approval. The ordinance shall take effect and the indebtedness shall be incurred only upon approval of the ordinance by a majority of those voting upon the question. (5) Loans made or revenue bonds issued under subsections (1) and (2) of this section and secured by real property of the district shall bear interest at the rate per annum fixed by the governing body of the district after consultation with the State Treasurer. (6) Prior to foreclosure of real property used to secure a loan made or revenue bonds issued under subsections (1) and (2) of this section, the governing body of the district shall submit to the electors of the district the question of levying upon the taxable property within the district a sum sufficient to pay the principal and interest due on a loan made or revenue bonds issued under subsections (1) and (2) of this section. Upon approval by a majority of those voting on the question, the governing body shall levy the tax and pledge the revenues derived therefrom toward the discharge of the obligation incurred under subsections (1) and (2) of this section. (7) As used in this section: (a) "District" means the South Suburban Sanitary District of Klamath Falls, Oregon. (b) "Financial institution" means a state or national bank, a mutual savings bank or a savings association. [1981 c.284 1,2,3,4,5,6] Note: 450.985 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 450 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Upon formation of a water authority or sanitary authority, a city may annex territory situated within the boundaries of the water authority or sanitary authority, but shall not remove any water mains, sewers and drains, service installations, reservoirs, structures, facilities and other improvements or any service provision capability from the water or sanitary authority unless the county governing body or boundary commission determines that: (1) Withdrawal of the territory or improvements from the water or sanitary authority will have no substantial adverse impact on the ability of the water or sanitary authority to provide service to the remaining territory; (2) The withdrawal is not solely for the tax advantage of a property owner; (3) The withdrawal will not result in noncontiguous parcels being served by the water or sanitary authority; and (4) The water or sanitary authority cannot provide adequate service to the subject territory within a reasonable time. [Formerly 450.670; 1993 c.577 34]
For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 32]
(1) If any person is required by an authority to pay the cost of extending a sewer main adjacent to another persons property so that sewer service for domestic use is provided for that other property without further extension of the sewer main, the authority may require the owner of the other property to refund to the authority for disbursement to the person required to pay the cost of extending the sewer main, a portion of the cost of the extension. (2) The board may adopt an ordinance specifying the method of apportioning the construction costs to the property served and establishing a procedure for application for and payment of a refund. (3) The right to require a refund under this section shall not continue for more than 10 years after the date of installation of the sewer main. (4) The amount to be refunded shall be determined by the authority and such determination shall be final. (5) The authority may refuse to provide sewer service until a refund is paid. [1983 c.435 2]
Violation of any regulation or ordinance under ORS 450.085 is a Class C misdemeanor. [Amended by 2011 c.597 202]
(1) Master plans and service districts may be established as provided by this chapter regarding: (a) Sewage works, including all facilities necessary for collecting, pumping, treating and disposing of sanitary or storm sewage. (b) Drainage works, including all facilities necessary for collecting, pumping and disposing of storm and surface water. (c) Street lighting works, including all facilities necessary for the lighting of streets and highways. (d) Public parks and recreation facilities, including land, structures, equipment, supplies and personnel necessary to acquire, develop and maintain such public park and recreation facilities and to administer a program of supervised recreation services. (e) Diking and flood control works, including all facilities necessary for diking and control of watercourses. (f) Water supply works and service, including all facilities necessary for tapping natural sources of domestic and industrial water, treating and protecting the quality of the water and transmitting it to the point of sale to any person, city, domestic water supply corporation or other public or private agency for domestic, municipal and industrial water supply service. (g) Solid waste disposal. This paragraph does not apply in Clackamas, Multnomah and Washington Counties. (h) Public transportation, including public depots, public parking and the motor vehicles and other equipment necessary for the transportation of persons together with their personal property. (i) Agricultural educational extension services. (j) Emergency medical services, including ambulance services. (k) Library services. (L) Roads. (m) Services related to the emergency communications system established under ORS 403.105 to 403.250. (n) Law enforcement services. (o) Human services. (p) Cemetery maintenance. (q) Animal control. (2) Within the geographical jurisdiction of any local government boundary commission established by or pursuant to ORS 199.410 to 199.519, in addition to the purposes described in subsection (1) of this section, master plans and service districts may be established as provided by this chapter regarding: (a) Fire prevention and protection. (b) Hospital and ambulance services. (c) Vector control. (d) Weather modification. (3) Within the boundaries of any subdivision, service districts may be established as provided by this chapter regarding: (a) Fire prevention and protection. (b) Security services provided by contract with an association of homeowners whose property is located entirely within the boundaries of the service district, which services may include the enforcement of the rules or regulations of the association dealing with public access to or the use of the property of the association, routine patrolling and inspection of private areas located within the jurisdiction of the association and matters of traffic and safety within such areas. (c) Law enforcement services. (d) Hospital and ambulance services. (e) Vector control. (f) Activities set forth in subsection (1)(a), (f), (g), (j) and (m) of this section. (4) As used in subsection (3) of this section, "subdivision" means a subdivision as defined by ORS 92.010 or any contiguous group of such subdivisions that: (a) Is a planned community within the meaning of ORS 94.550 without regard to whether such subdivision or group of subdivisions is subject to ORS 94.550 to 94.783; (b) Is located entirely within an unincorporated area and is everywhere separated by a distance of five miles or more from an urban growth boundary described in an acknowledged comprehensive plan of a city or the urban growth boundary adopted by a metropolitan service district under ORS 268.390 (3); and (c) Prior to the establishment of a service district under subsection (3) of this section, is designated a subdivision for purposes of this subsection by the governing body of the county in which the subdivision or group of subdivisions is located. (5) Within the boundaries of Washington County, master plans and service districts may be established as provided by this chapter regarding water resource management services that affect the quality and quantity of water within a single watershed, basin or planning area. As used in this subsection, "water resource management services" means: (a) Planning for and provision of two or more services or facilities such as sewage works, drainage works, surface water management, endangered species recovery management, water quality management, diking and flood control works, river flow management, water supply works, wastewater reuse and irrigation facilities. (b) Activities ancillary to the services and facilities listed in paragraph (a) of this subsection, including facilities for the production, sale or purchase of energy when such facilities are integrated in a master plan adopted under ORS 451.120. [1963 c.515 2; 1965 c.246 1; 1967 c.538 1; 1971 c.674 1; 1971 c.687 1; 1973 c.211 1; 1973 c.785 1; 1975 c.630 1; 1977 c.60 1; 1977 c.287 1; 1979 c.221 1; 1985 c.472 1; 1987 c.525 1; 1989 c.668 1; 1989 c.793 24; 1995 c.303 2; 1999 c.166 1; 1999 c.677 66; 1999 c.759 1; 2005 c.101 1; 2005 c.510 1; 2015 c.247 34]
As used in ORS 451.110 to 451.140, unless the context indicates otherwise: (1) "County court" includes the board of county commissioners. (2) "Service facilities" means public service installations, works or services provided within a county for any or all of the purposes specified in ORS 451.010. [1955 c.509 1; 1963 c.515 3; 1967 c.249 1; 1973 c.785 2]
(1) The county court of any county may, for the protection of the health, safety and general welfare, prepare and adopt coordinated master plans for the development of service facilities: (a) To serve unincorporated areas in the county; and (b) For a service district established under ORS 451.410 to 451.600 and for which the county court serves as governing body, to serve all areas within or served by the district. (2) Master plans adopted under this section shall be coordinated with the comprehensive plans of the affected cities and counties. [1955 c.509 2; 1961 c.576 1; 1963 c.515 4; 1973 c.785 3; 1989 c.429 1]
After a coordinated master plan has been adopted under ORS 451.120, the county court may enforce such plan by requiring that plans for the installation or operation of service facilities in areas under county jurisdiction outside the boundaries of cities or in areas within or served by a service district be submitted to the county court for approval, and that such installation or operation shall conform to the master plan. [1955 c.509 3; 1961 c.576 2; 1963 c.515 5; 1969 c.646 1; 1989 c.429 2]
In carrying out the powers granted to the county court under ORS 451.110 to 451.140, the county court may: (1) Conduct such surveys and investigations as may be necessary to develop coordinated master plans as provided in ORS 451.120. (2) Provide for the administration and enforcement of such master plans by engineering analysis, inspection or other appropriate means. (3) Enter into contracts or agreements with cities, other counties or county service districts for public transportation, the federal government, state agencies, the special districts enumerated in ORS 451.573 or any person or private corporation for a period not to exceed 30 years for the cooperative financing of the preparation and enforcement of coordinated master plans as provided in ORS 451.120 and 451.130. (4) Levy and collect taxes for the purpose of providing funds to prepare and enforce coordinated master plans as provided in ORS 451.120 and 451.130. (5) Expend funds for such surveys, investigations and studies as may be necessary for the preparation and enforcement of such master plans. [1955 c.509 4; 1961 c.576 3; 1963 c.515 6; 1973 c.211 2; 1973 c.785 4]
As used in ORS 451.410 to 451.610, unless the context indicates otherwise: (1) "Change of organization" has the meaning given that term in ORS 198.705. (2) "County" has the meaning given that term in ORS 198.705. (3) "County court" includes the board of county commissioners. (4) "District" means a county service district established under ORS 451.410 to 451.610 to provide service facilities in a county or counties. (5) "Formation" has the meaning given that term in ORS 198.705. (6) "Owner" means the record owner of real property or the holder of a duly recorded contract for purchase of real property within the district. (7) "Service facilities" means public service installations, works or services provided within a county or counties for any or all of the purposes specified in ORS 451.010. [1955 c.685 1; 1961 c.576 4; 1963 c.515 7; 1967 c.538 2; 1973 c.785 5; 1975 c.630 2; 2003 c.14 274; 2003 c.802 123]
When authorized as provided in ORS 451.410 to 451.610 a district may construct, maintain and operate any or all of the service facilities specified in ORS 451.010. [1955 c.685 2; 1963 c.515 8; 1973 c.785 6]
(1) All district formation and change of organization proceedings shall be initiated, conducted and completed as provided by ORS 198.705 to 198.955. Except for an order allowing an existing district established to provide sewage works to also provide drainage works, no county or portion thereof shall be included within a district that is to provide services in more than one county without the consent of the governing body of the affected county. (2) In the case of sewage works, upon certification to the county court by the Environmental Quality Commission or the local health officer that an emergency exists, the county court shall initiate the formation of a district in the manner specified in ORS 198.835, or annexation to an existing district in the manner specified in ORS 198.850 (3), whichever is most appropriate. (3) A petition or order initiating the formation or change of organization of a district shall, in addition to the requirement specified by ORS 198.705 to 198.955, state which of the service facilities specified by ORS 451.010 the district shall be authorized to construct, maintain and operate. (4) A final order in a formation or change of organization proceeding of a district shall, in addition to the requirements specified by ORS 198.705 to 198.955, state which of the service facilities specified by ORS 451.010 the district shall be authorized to construct, maintain and operate. [1973 c.785 8; 1975 c.630 3; 1989 c.374 3; 2015 c.736 96; 2017 c.17 39]
(1) Prior to initiation of the formation of a district, the county court may cause engineering and program plans to be prepared. The plans may include: (a) Preliminary plans for the service facilities to be constructed or provided. (b) Estimated costs of construction, maintenance and operation. (c) Recommendations as to boundaries of the district. (d) Recommendations as to use of any portion of the proposed service facilities for areas in the county outside the district at some future date and the portion of the cost of such works which should be borne by such areas when use is made of any portion of the facilities. (e) Recommendations as to the extent to which the proposed service facilities may be integrated into other service facilities constructed or being constructed by other districts under ORS 451.410 to 451.610 or by other public agencies and the fair and equitable amount of the cost of construction of such other facilities the district should bear. (2) If a district is formed or granted authority to provide additional types of service facilities, the county court may require the district to reimburse the county for the cost of engineering and program plans prepared in accordance with this section. [1955 c.685 4; 1961 c.576 6; 1963 c.515 10; 1971 c.291 5; 1971 c.727 130; 1973 c.785 9; 1989 c.374 4]
(1) When certified copy of the findings of the Director of the Oregon Health Authority is filed with the county court as provided by ORS 431.740 or 431.750, the county court shall, subject to ORS 198.792, proceed to form the district to provide the facilities described in the findings and shall enter an order in accordance with ORS 451.485. (2) The county court shall, within one year after making its order under ORS 451.485, prepare plans and specifications for the service facilities proposed to be provided within the district and proceed in accordance with the time schedule to construct or install the facilities. (3) Notwithstanding the provisions of ORS 451.487, the order of the county court under ORS 451.485 is not subject to referendum if it is adopted in accordance with subsection (1) of this section and as a result of proceedings conducted under ORS 431.705 to 431.760. (4) Notwithstanding ORS 451.495, when service facilities are to be constructed for the purpose of removing or alleviating a danger to public health and as a result of proceedings conducted by ORS 431.705 to 431.760, if any portion of the cost of the service facilities is to be assessed against the property directly benefited, ORS 451.495 (1)(c) does not apply to the general ordinance providing for the method of assessment which must be adopted under ORS 451.495. [1973 c.361 18; 1981 c.452 3; 2009 c.595 874]
(1) A district may construct, maintain and operate only those service facilities specified by ORS 451.010 that were authorized upon formation of the district. However, additional authority regarding service facilities may be given to a district by a proceeding initiated, conducted and completed in the same manner as is provided for in the original formation of a district or as otherwise provided by law. (2) A district may be formed, as provided in ORS 451.410 to 451.610, that contains territory that is also included in another district formed under ORS 451.410 to 451.610 if the district is formed to construct, maintain and operate service facilities that the existing district is not authorized to construct, maintain and operate. (3) The consent of not less than 70 percent of the cities located within the boundaries of the district is required to authorize a district established to provide sewage works to also provide drainage works. [1963 c.515 13b; 1969 c.646 7; 1971 c.727 133; 1973 c.785 10; 1989 c.374 5; 2005 c.510 2]
The county court shall be the governing body of a county service district established under ORS 451.410 to 451.610. A district shall be known by the name or number specified in the order declaring its formation and by that name shall exercise and carry out the powers and duties conferred and declared in this chapter. Before proceeding to construct or provide any service facilities authorized by this chapter, the governing body of the district shall make an order: (1) Determining the service facilities to be constructed, maintained and operated and the part of the work to be undertaken immediately. (2) Determining the manner of financing the construction, maintenance and operation of the service facilities. (3) Determining the method by which the district shall bear the share of the cost of construction of the service facilities that is to be apportioned to the district. (4) Where it appears that any service facilities to be constructed will provide service to areas outside the district at some future date, determining the equitable and fair share of the cost of construction of such facilities that should be borne by such areas, which share shall be borne by the revolving fund established under ORS 451.540, by funds obtained by the county under ORS 280.055 or by any other method of financing described by ORS 451.490 until such areas are served by the facilities. (5) Where the service facilities of the district are to be integrated into other service facilities constructed or being constructed by another district or by other public bodies as defined in ORS 174.109, determining the fair and equitable amount the district should assume as its share of the construction of such other service facilities, which amount shall be paid to the other district or public body upon terms and conditions to which the governing body of the district has agreed. (6) In the case of sewage works, where trunk or interceptor sewers, treatment plants and similar facilities are to be charged to all property within the district while lateral sewers, street mains and similar facilities are to be charged only to property to be served immediately by the system, determining the fair and equitable share of the total cost to be charged to areas within the district. (7) If any of the cost of the work is to be assessed against benefited property, describing portions of the district, if any, within which service facilities will not be financed by assessment. [1961 c.576 14; 1963 c.515 14; 1969 c.646 8; 1973 c.785 11; 1981 c.570 1; 2003 c.802 124]
(1) The order required by ORS 451.485 and any order which amends that order shall be subject to referendum vote within the district, notwithstanding the prior authorization of such service facilities by election during formation proceedings. The referendum may be ordered by resolution of the governing body of the district, or by petition filed as provided in this section. (2) The requirements for preparing, circulating and filing a referendum petition under this section shall be as provided in ORS 255.135 to 255.205, except that notwithstanding ORS 255.165, the petition must be submitted not later than the 60th day after the date of the order. (3) If a majority of those voting approve the order required by ORS 451.485, the governing body of the district shall so declare by order entered in its journal. If a majority of those voting disapprove the order, the results shall be entered in the journal. [1963 c.515 14a; 1971 c.647 103; 1973 c.785 12; 1973 c.796 66a; 1975 c.647 42; 1981 c.570 2; 1983 c.350 274]
The district may, in accordance with the order adopted under ORS 451.485, finance the construction, operation or maintenance of service facilities for a district by: (1) Use of funds from a fund established under ORS 280.055 or 451.540 to be repaid by the district without interest. (2) Assessments against the property in the district with or without issuance of bonds authorized under ORS 223.205, 223.210 to 223.295 and 223.770. (3) Service or user charges in the district. (4) Connection charges. (5) District ad valorem taxes. (6) Sale of bonds. (7) Funds obtained under ORS 280.040, 280.050, 280.060, 280.070, 280.080 and 280.090. A district local option tax adopted under ORS 280.060 shall not authorize a tax in any fiscal year later than the fiscal year in which the district is subject to dissolution under ORS 451.620 (1) and (2). (8) Any combination of the provisions of subsections (1) to (7) of this section. [1955 c.685 9; 1961 c.576 15; 1963 c.515 15; 1969 c.646 9; 1973 c.785 13; 1987 c.504 12; 1995 c.333 24; 1999 c.21 75]
(1) Subject to subsection (2) of this section, the rights and duties accorded a city and the owners of property in a city for financing assessments under ORS 223.205 and 223.210 to 223.295 shall apply in the same manner to districts for purposes of financing that portion of a connection charge imposed by a district which is greater than the amount necessary to reimburse the district for its costs of inspection and installing connections with the sanitary sewer mains of the district. (2) Notwithstanding ORS 223.230, the financing of connection charges under this section may, at the option of the governing body of the district, be a second lien on real property, which lien shall be inferior only to the mortgage or other security interest held by the lender of the owners purchase money. Bonds issued under this section shall be issued separately from bonds otherwise issued under ORS 223.205 and 223.210 to 223.295. [1985 c.417 3; 1995 c.333 25]
(1) If the cost, or any portion of the cost, of service facilities for a district is to be assessed under ORS 451.490 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]
The district may by order or by ordinance, for the purpose of paying the costs of operation and maintenance of service facilities, and for the repayment of bonds, impose user charges on property served by the service facilities. The district may, from time to time when necessary, use moneys from the revolving fund for such maintenance and operation on a reimbursable basis. User charges, connection fees or service charges shall be based upon the costs of operation, maintenance and supervision of service facilities and the costs of bond repayment. [1955 c.685 10; 1969 c.646 10; 1973 c.785 16]
(1) The district may contract with any city or water or other district serving water in the district to collect service or user charges with the water bills, and the serving agency may cut off water for nonpayment of such service or user charges. The district may pay the water-serving agency a reasonable charge for such collection services. (2) Assessments of less than $25 and service or user charges may also be collected and enforced as provided in ORS 454.225. [1955 c.685 11; 1969 c.646 11; 1973 c.785 17; 1983 c.740 175]
(1) When assessments are made under ORS 451.410 to 451.610 they shall be entered in a permanent lien docket which shall be kept in the office of the county clerk of the county. The docket shall show the amount of each lien, property against which it has been assessed, the owner thereof and such additional information as is required to keep a permanent and complete record of the assessment and the payments thereon. (2) If the owner of the property against which an assessment has been made fails to pay the assessment, or any portion thereof, or the interest thereon, when due, the district may proceed to foreclose the lien in any manner provided by law for the collection of liens by local governments as defined in ORS 174.116 or may provide by ordinance a general procedure for the collection of such liens in any manner not inconsistent with law. (3) The provisions of ORS 223.405 to 223.485 relating to reassessment shall be available to the district, where applicable, in connection with assessments made under ORS 451.410 to 451.610. (4) In addition to the procedure provided by subsections (1), (2) and (3) of this section, the provisions of ORS 372.170 and 372.180 shall be available to the district, where applicable, in connection with assessments made under ORS 451.410 to 451.610. [1955 c.685 12; 1963 c.515 16; 1973 c.622 1; 1973 c.785 18; 2003 c.802 125]
(1) The county court may, for the purpose of establishing a revolving fund to provide money to finance the construction under ORS 451.410 to 451.585 of those service facilities in the county that may be necessary and in implementation of the master plans provided for in ORS 451.120, levy an ad valorem tax of not to exceed 50 cents per year, for a period not to exceed five years, for each $1,000 of real market value of taxable property within all areas of the county, to be served by the facilities included in the master plan. The revenues derived from the taxes shall be deposited with the county treasurer and credited to the revolving fund. Moneys in the revolving fund shall be disbursed by the county treasurer on order of the county court and used solely for the purposes authorized in ORS 451.410 to 451.610. (2) The boundaries of the territory within which the tax authorized by subsection (1) of this section may be levied shall be determined by the county court after a public hearing. The county court shall direct the county clerk to publish notice of such hearing once a week for two successive weeks prior to the hearing in a newspaper of general circulation published within the proposed boundaries of the territory or, if there is no such newspaper, in a newspaper of general circulation in the county. Any elector or any owner of property within the territory may appear at the hearing to protest inclusion of the property of the voter within the territory, but the county court shall not exclude land which, in its judgment, will be served by the facilities included in the master plan. [1955 c.685 14; 1961 c.576 17; 1963 c.515 18; 1967 c.538 5; 1981 c.804 103; 1991 c.459 405]
For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 34] Note: 451.542 was added to and made a part of 451.410 to 451.610 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) The district may, when authorized by a majority of the votes cast at an election by electors of the district, issue general obligation bonds for the purpose of paying the cost of acquisition or construction of service facilities. Each issue of general obligation bonds shall be the general obligation of the district and the principal and interest on the bonds shall be paid by the district by assessments, charges, or ad valorem taxes imposed or levied within the district as may be determined by the governing body of the district under ORS 451.490. Bonds authorized by this section shall be issued in accordance with ORS chapter 287A, except as otherwise provided in this section. (2) In addition to the authority to issue general obligation bonds, the district, when authorized at any properly called election, shall have the power to sell and dispose of revenue bonds, and to pledge as security for the bonds all or any part of the unobligated net revenue of the district to purchase, acquire, lay out, construct, reconstruct, extend, enlarge or improve service facilities. The revenue bonds shall be issued as prescribed in ORS chapter 287A, but they are payable, both as to principal and interest from revenues only, as specified by this section. The revenue bonds are not subject to the percentage limitation applicable to general obligation bonds and are not a lien upon any of the taxable property within the boundaries of such district, but are payable solely from such part of the revenues of the district as remain after payment of obligations having a priority and of all expenses of operation and maintenance of the district. All revenue bonds shall contain a clause reciting that both the principal and interest are payable solely from operating revenues of the district remaining after paying such obligations and expenses. (3) The districts total outstanding general obligation bonds, including improvement bonds of the kind authorized by ORS 223.205 and 223.210 to 223.295, may not exceed in the aggregate 13 percent of the real market value of all property by law assessable for state and county purposes within the district as reflected in the last roll certified under ORS 311.105. [1961 c.576 19; 1963 c.515 19; 1969 c.646 12; 1973 c.785 20; 1981 c.804 104; 1991 c.459 406; 1995 c.79 227; 2007 c.783 192; 2009 c.538 10]
A district that has not previously imposed ad valorem property taxes may vote to establish a permanent rate limit for operating taxes in accordance with section 11 (3)(c), Article XI of the Constitution of the State of Oregon, and thereafter the district may levy ad valorem property taxes on property within the district for the purposes authorized by ORS 451.410 to 451.610. If a district has established a permanent rate limit in accordance with this section, the provisions of ORS 294.305 to 294.565 shall apply to the district. [1961 c.576 20; 1963 c.515 19a; 1971 c.647 104; 1973 c.785 21; 1997 c.541 385]
For the purpose of carrying out the powers granted to the district under other provisions of ORS 451.410 to 451.610, the district may: (1) Supervise, manage, control, operate and maintain service facilities. (2) Compel all residents and property owners in a district to connect their property, houses and structures requiring sewage disposal or surface drainage with adjacent sewers or other sewage or drainage facilities in the district. (3) Acquire by purchase, gift, devise, condemnation proceedings or by any other means, such real and personal property and rights of way, either within or without the county, as in the judgment of the governing body of the district are necessary or proper in the exercise of the powers of the district, and to pay for and hold the same. (4) Make and accept contracts, deeds, releases and documents which, in the judgment of the governing body of the district, are necessary or proper in the exercise of the powers of the district. (5) Employ and pay necessary agents, employees and assistants. (6) Construct service facilities in and on any public street, highway or road and for this purpose enter upon the street, highway or road, make all necessary and proper excavations, and thereafter restore the street, highway or road to its proper condition. However, the consent of the appropriate city, county or state authorities, as the case may be, shall first be obtained and the conditions of such consent complied with. (7) Exercise the authority vested in counties under ORS 549.710 to 549.990. (8) Exercise the authority granted to domestic water supply districts under ORS 264.306 to 264.330. (9) Adopt storm and surface water management plans, programs and regulations relating to the quality and quantity of such waters and conduct water quality studies. (10) Do any act necessary or proper to the complete exercise and effect of any of its powers under ORS 451.410 to 451.610. [1955 c.685 15; 1963 c.515 20; 1965 c.305 1; 1973 c.785 22; 1989 c.374 6]
(1) County service districts for the purpose of providing comprehensive planning for land use and public facilities for a district in the county may be formed in the manner provided by ORS 451.410 to 451.610 for establishing county service districts for other purposes. (2) A district formed to provide comprehensive planning may, in accordance with ORS chapter 215, adopt comprehensive plans for land use and public facilities within the district. The district shall be subject to ORS 451.120 to 451.140, 451.485 and 451.550 to 451.560. The activities of the district may be financed by any method authorized by ORS 451.490 and 451.520 to 451.547. Plans adopted by the district may be enforced as provided by ORS 451.130. (3) The district governing body shall appoint an advisory committee of not less than 11 members who are electors resident in the district or owners of land in the district. The committee shall advise the governing body in carrying out the provisions of this section. It shall meet with the governing body at the times and places determined by the committee and governing body jointly. [1971 c.674 4; 1993 c.792 26]
(1) The district may enter into agreements with any city, any county, the federal government, the state or any of its agencies, any district organized for a public purpose or any person for a period not to exceed 30 years for the cooperative financing of the construction, maintenance and operation of service facilities. (2) The district may enter into agreements with any county, city, district organized for a public purpose or person for the use, lease or joint operation of any service facilities, or any portion thereof. [1955 c.685 16; 1963 c.515 21; 1973 c.785 23]
(1) For the protection of the public health, safety and general welfare, the district may adopt and enforce reasonable and necessary regulations for: (a) The control of sewage disposal in the district. (b) The storage, collection, transportation and disposal of solid wastes within the district where such regulations are supplemental to the requirements of the regulations of the Environmental Quality Commission adopted pursuant to ORS 459.045 and are necessary to meet special local conditions. (c) The cleanliness of roads and streets of the district. (d) The management of storm and surface water discharge, including standards relating to the quantity and quality of such discharges. (e) All other purposes consistent with the type of service facilities the district is authorized to construct, operate and maintain and not in conflict with the laws of this state. (2) Such regulations shall be adopted in accordance with ORS 198.510 to 198.600. [1955 c.685 17; 1967 c.428 9; 1969 c.593 41; 1971 c.268 18; 1971 c.648 28; 1973 c.785 24; 1989 c.374 7]
No part of the territory of a district proposed to be formed for the purposes authorized in ORS 451.010 (1)(f) as amended by section 1, chapter 287, Oregon Laws 1977, shall include territory within the boundaries of a district formed to supply water under ORS chapter 198, 261, 264 or 450 unless the governing bodies of the affected districts, by resolution, approve the inclusion of their territories prior to the hearing held under ORS 198.805 for formation of the new district. [1977 c.287 2] Note: 451.572 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 451 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
As used in ORS 451.573 to 451.577: (1) "District" means, in addition to the meaning given that term in ORS 451.410, a county service district organized under the authority of a county charter. (2) "Special district" means any one of the following districts: (a) A drainage district organized under ORS chapter 547. (b) A park and recreation district organized under ORS chapter 266. (c) A highway lighting district organized under ORS chapter 372. (d) A sanitary district organized under ORS chapter 450. (e) A diking district organized under ORS chapter 551. (f) A special road district organized under ORS 371.305 to 371.360. (g) A road assessment district organized under ORS 371.405 to 371.535. (3) "Special district" also means one of the following, if the special district is within the geographical jurisdiction of a local government boundary commission formed by or pursuant to ORS 199.410 to 199.519: (a) A domestic water supply district organized under ORS chapter 264. (b) A cemetery maintenance district organized under ORS chapter 265. (c) A health district organized under ORS 440.305 to 440.410. (d) A vector control district organized under ORS 452.020 to 452.170. (e) A rural fire protection district organized under ORS chapter 478. (f) A weather modification district organized under ORS 558.200 to 558.440. (g) A geothermal heating district organized under ORS chapter 523. [1965 c.475 4; 1969 c.646 14a; 1971 c.674 2; 1973 c.785 25; 1975 c.782 52; 1985 c.472 2; 2003 c.14 275]
If a district is authorized to construct, maintain and operate service facilities to provide services that are provided by a special district: (1) The area within a special district described by ORS 451.573 (2)(a) shall not be included in or annexed to a district if prior to or at the hearing on the formation of or annexation to such district the governing body of the special district files with the governing body of the district a resolution withdrawing the area within the special district. (2) When the formation of or annexation to a district is initiated, and the area to be incorporated or annexed includes the entire area within a special district, the governing board of the special district and the governing body of the district shall meet with each other to agree on a debt distribution plan to be a part of the proposed incorporation or annexation. The debt distribution plan may require that the property within the special district remain solely liable for all bonded indebtedness outstanding at the time of incorporation or annexation or it may provide for any other distribution of indebtedness between the district and the special district. If the governing boards do not agree on a debt distribution plan or if the area within the special district remains liable under the plan for any portion of the indebtedness outstanding at the time of the incorporation or annexation, and dissolution and transfer, the governing body of the district shall be the ex officio board of the dissolved special district for the purpose of levying taxes in such area until the bonded and other indebtedness of the dissolved special district is paid. (3) The consent of all the known holders of valid indebtedness against the special district shall be obtained or provision made in the debt distribution plan for the payment of the nonassenting holders. The area within the boundaries of the special district shall not by reason of the incorporation or annexation and dissolution and transfer be relieved from liabilities and indebtedness previously contracted by the dissolving special district. (4) The district officers of the special district, upon the effective date of the incorporation or annexation, shall forthwith deliver to the governing body of the district, the assets and records of the special district. Uncollected taxes, assessments or charges thereof levied by the special district shall become the property of the district and upon collection shall be credited to the account of such district. [1969 c.646 15; 1973 c.785 26; 2003 c.14 276; 2005 c.510 3]
(1) Subject to ORS 451.575, upon the effective date of the formation of a district, of an annexation of territory to a district or of an order that adds drainage works to the authority of a service district, a special district lying within the district shall be extinguished and dissolved and the district shall succeed to all the assets and become charged with all the liabilities, obligations and functions of the special district. (2) Subsection (1) of this section applies: (a) If the entire area of a special district is incorporated in or annexed to a district; and (b) If the district has the authority to provide the same service as the special district. [1965 c.475 3; 1969 c.646 14; 1973 c.785 27; 1989 c.374 8]
(1) Except as otherwise provided in ORS 451.410 to 451.610, all moneys received by a district shall be paid to the county treasurer and deposited by the county treasurer in an appropriate district fund. The county treasurer, when ordered by a district governing body, shall establish separate accounts in the district fund or separate funds in the county treasury for the segregation of sinking or reserve funds or accounts, of operating funds or accounts or of any other funds or accounts found necessary or expedient by the district. However, no moneys received by a district shall be used for any purpose other than for carrying out the purposes of ORS 451.410 to 451.610 and all funds, facilities, personnel or supplies of the county used for those purposes shall be charged to the appropriate district fund or account. (2) Notwithstanding the requirement for a district to pay district moneys to the county treasurer for deposit in an appropriate district fund in the county treasury under subsection (1) of this section, the governing body of a county, with the consent of the county treasurer if the county treasurer is an elected county officer, may order a service district established under ORS 451.410 to 451.610 to hold and manage its own moneys in one or more district funds or accounts deposited in a financial institution as defined in ORS 706.008. The order must provide for transfer of any moneys of the district then held or later received by the county treasurer for the district. Thereafter, the district shall be solely responsible for management of moneys of the district and shall designate a district officer or employee to assume the duties and responsibilities otherwise imposed upon the county treasurer. (3) Moneys deposited by the district in a district fund or account may be withdrawn or paid out only upon a proper order and warrant or upon a check signed by the district officer or employee designated to assume the duties and responsibilities otherwise imposed upon the county treasurer. The order must: (a) Specify the name of the person to whom the moneys are to be paid; (b) Specify the fund or account from which the moneys are to be paid; (c) State generally the purpose for which the moneys are to be paid; and (d) Be entered in the record of proceedings of the district. [1955 c.685 18; 1963 c.515 21c; 1973 c.785 28; 2003 c.335 1]
(1) Whenever the entire area of a district is incorporated in or annexed to a city in accordance with law, the district shall be extinguished and the city shall upon the effective date of such annexation succeed to all the assets and become charged with all the liabilities, obligations and functions of the district. The district officers shall forthwith deliver to the city officers the district assets and records. Uncollected taxes theretofore levied by such district shall become the property of the city and be delivered to it by the county treasurer upon collection. (2) Notwithstanding subsection (1) of this section, a district, the entire area of which becomes incorporated in a city, may continue to provide services if the continuation is proposed by petitioners in a petition for incorporation that is subsequently approved by voters in an incorporation election. At any time after incorporation, a city may cause a district to be extinguished and succeed to all the assets and become charged with all the liabilities, obligations and functions of the district if: (a) The governing body of the city holds a public hearing on the question of the extinguishment, hears objections to the extinguishment at the hearing, determines that the extinguishment is in the best interest of the city and adopts an ordinance extinguishing the district; (b) After the hearing, the governing body of the city refers the ordinance extinguishing the district to the electors of the city; and (c) The majority of all votes cast favors that the district be extinguished. (3) For the public hearing required in subsection (2)(a) of this section, the governing body shall fix a date, time and place for the hearing and cause notice of the date, time, place and purpose of the hearing to be published once each week for two successive weeks prior to the date of the hearing in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. (4) Whenever a part less than the whole of a district becomes incorporated in or annexed to a city in accordance with law, the city may at any time after such incorporation or annexation cause that part to be withdrawn from such district in the manner set forth in ORS 222.524, and the provisions of ORS 222.510 to 222.580 shall be applicable to such withdrawal except that in case the district and the city cannot agree upon a division of assets or obligations and liabilities, then and in such case, either the district or the city may petition the circuit court for the county in which the city has its legal situs to determine such division. [1961 c.576 22,23; 2010 c.41 3]
Officers and employees of a county or of a district may enter upon privately owned lands to survey or lay out service facilities by direction of the county court or governing body of the district. However, the county court or governing body of the district shall cause notification to be given to each occupant of the lands, either by registered or certified mail or by other lawful means. This notice shall be given at least five days before the county or district officers or employees enter upon the lands. No officer or employee of a county or district entering privately owned lands pursuant to this section shall damage or destroy trees, shrubs, buildings or other items of value on that land without first obtaining the consent of the owner. [1959 c.673 1; 1963 c.515 22; 1973 c.785 29]
No person shall alter, repair or make a connection with any service facility maintained by a district, unless that person: (1) Obtains permission from the district that maintains the facility, and pays all deposits, charges or fees required by the district for granting such permission, before undertaking the work; and (2) When appropriate, complies with ORS 447.010 to 447.156 and 447.992 in performing the work. [1959 c.673 2; 1961 c.576 18; 1963 c.515 23; 1973 c.785 30]
(1) When a district is established for the purpose of providing services related to the emergency communications system under ORS 403.105 to 403.250, the district shall consist of the 9-1-1 service area that is served by a public safety answering point. A district may include more than one city and county. (2) Before a petition for formation of a district to provide services related to the emergency communications system is filed with the county board of the principal county under ORS 198.800, the petition shall be approved by indorsement thereon by two-thirds of the governing bodies of all public or private safety agencies representing two-thirds of the population included within the proposed district. (3) A county governing body shall not adopt an order under ORS 198.835 for formation of a district to provide services related to the emergency communications system unless the governing body first obtains written approval for the formation of the district from two-thirds of the governing bodies of all public or private safety agencies representing two-thirds of the population included within the proposed district. (4) As used in this section, "public or private safety agency" has the meaning given that term by ORS 403.105. [1987 c.525 3; 1989 c.793 25; 1993 c.441 2; 2015 c.247 35]
(1) The governing body of a district established to provide services related to the emergency communications system under ORS 403.105 to 403.250 shall appoint an advisory committee to advise and assist the governing body in providing the services. An advisory committee shall consist of one representative from each public or private safety agency, as defined in ORS 403.105, included within the district. A member of the advisory committee shall reside within the district. (2) A member of the advisory committee shall serve for a term of two years. Of the members first appointed, however, one-half of the members shall serve for a term of one year. The respective terms of the members shall be determined by lot at the first meeting of the advisory committee. (3) The advisory committee shall meet with the governing body of the district at the times and places determined by the committee and governing body jointly. (4) The advisory committee may adopt rules for the conduct of its proceedings. (5) The advisory committee may propose changes to any of the districts rules, policies or practices as it considers necessary or desirable. In addition to its other functions and duties, the advisory committee shall review the annual budget of the district and any assessments levied under ORS 451.410 to 451.610. The advisory committee shall meet with the governing body of the district and may make such recommendations relating to the budget and assessments as it considers necessary or prudent. [1987 c.525 4; 1989 c.793 26; 2015 c.247 36]
(1) If a county service district is formed subject to a provision specifying a fiscal year for dissolution of the district, the board of directors shall, no later than 45 days after the start of that fiscal year, make the findings required by ORS 198.925 and adopt a plan of liquidation and dissolution providing for payment of nonassenting creditors, unless the board adopts an order as specified in subsection (2) of this section. Dissolution shall be effective as of the end of the fiscal year. Dissolution shall be governed by ORS 198.945 to 198.955. (2) The district board may order that the district continue only if, after a public hearing, it determines that there is a public need for continued existence of the district because: (a) Liquidation and dissolution cannot be accomplished in a manner that would protect the rights of nonassenting creditors; or (b) The services provided continue to be needed by the public, the district is providing the services in an efficient and effective manner and continuation will not significantly discourage future boundary change proposals. (3) A public hearing on continuation shall be preceded by notice published at least 14 days before the hearing in a newspaper of general circulation within the district. Notice of the hearing shall also be mailed to all incorporated cities within the district and to the boundary commission, if any. (4) An order continuing the district shall specify a fiscal year, not later than the 10th fiscal year after the date of the order, in which the district shall dissolve unless another determination of public need for continued existence occurs. (5) An order continuing the district shall be forwarded to the boundary commission, if any, within 10 days. If the district is not within the jurisdiction of a boundary commission the order may be contested as provided in ORS 198.785 (2). [1987 c.504 2,3,4]
Violation of ORS 451.600 or any regulation adopted pursuant to ORS 451.570 is a misdemeanor. [1959 c.673 3; 1973 c.785 31]
As used in this section and ORS 452.020 to 452.300, unless the context requires otherwise: (1) "County court" includes board of county commissioners. (2) "District" means a vector control district established for the prevention, control or eradication of public health vectors and predatory animals. (3) "Integrated pest management methods" means the processes described in ORS 634.650 (1). (4) "Local public health administrator" has the meaning given that term in ORS 431.003. (5) "Pesticide use plan" means an annual plan created by a vector control district or a county court that describes anticipated pesticide use. (6) "Predatory animals" has the meaning given that term in ORS 610.002. (7) "Public health vectors" means arthropods and vertebrates of public health significance and those insects included within the family Chironomidae of the order Diptera. The term does not include any domesticated animal. (8) "Vector habitat" means any area where public health vectors are found. [Amended by 1959 c.600 1; 1961 c.610 17; 1981 c.640 8; 1987 c.298 1; 2007 c.258 1; 2015 c.736 97; 2021 c.191 13]
One or more districts may be formed in any county. The entire county may be included within a district or any portion of the entire county may be included. The district may include all or part of any incorporated cities in the county. [Amended by 1959 c.600 2]
No defect in the contents of the petition or notice or proceedings shall vitiate the validity of the proceedings, if the petition contains a sufficient number of qualified signatures and describes the territory proposed as a district with reasonable certainty and the published notice describes the territory and states the date and place of the hearing.
(1) After an order is entered forming a district, the county court of the county in which the district is situated shall appoint a governing board of five trustees. Each trustee appointed under this subsection must be a resident and elector of the district. (2)(a) Except as provided in paragraph (b) of this subsection, the term of office of a trustee is four years, and a trustee shall serve in office until a successor is appointed. (b) For each new board of trustees established, trustees shall be appointed as follows: (A) One trustee for a one-year term; (B) One trustee for a two-year term; (C) One trustee for a three-year term; and (D) Two trustees for a four-year term. (3) Each trustee shall take an oath to faithfully perform the duties of office. The oath shall be filed with the county clerk. (4) The board of trustees shall elect a president, a secretary and a treasurer at the first meeting of each calendar year. Officers shall serve for one calendar year. (5) All local public health administrators or their designees with offices in the district shall be ex officio members of the board of trustees without vote and shall be offered the opportunity to assist in the creation of district plans. (6) The board of trustees may compensate a trustee in an amount not exceeding $100 per year for attendance at conferences that provide training and education to carry out trustee duties under ORS 452.110. (7) The board of trustees may adopt a resolution to change the name of the district. The board shall file a copy of a resolution changing the name of the district with the Secretary of State and the county clerk within 10 days after adopting the resolution. Following a name change, the district name must contain the words: (a) Vector control district; (b) Mosquito and vector control district; (c) Mosquito control district; or (d) Vector and predatory animal control district. [Amended by 1959 c.600 5; 1967 c.215 1; 1969 c.345 10; 1971 c.403 8; 1971 c.727 136; 2007 c.258 2; 2021 c.191 14]
(1) A vacancy in an office of district trustee shall be filled by appointment by the county court. The appointee shall serve the balance of the unexpired term. (2) The county court may remove any district trustee from office for cause. [Amended by 1969 c.669 11]
(1) The board of trustees shall provide for the time and place of holding and the manner of calling its meetings, and may establish rules for the proceedings. (2) All sessions of the board shall be held within the district. (3) In all cases a majority of the appointed members of the board shall constitute a quorum for the transaction of business. At any meeting the decision of a majority of the trustees present and voting shall be valid as a corporate act.
The board of trustees of a control district may: (1) Take all necessary and proper steps and measures for the prevention, control or eradication of public health vectors and vector habitats within the district and for the control of predatory animals within the district, using integrated pest management methods. Prior to taking such measures the board shall consider technical information available to it for the purpose of determining the need for control measures and the need for specific actions. (2) Enter upon any land, public or private, within the district at any reasonable time to inspect for or to prevent, control or eradicate public health vectors and vector habitats using integrated pest management methods. (3) Purchase all needed equipment, supplies and materials. (4) Employ such labor and service as may be proper or necessary in the furtherance of the objects of ORS 452.020 to 452.170. (5) Employ labor and services and fix the compensation and prescribe the duties of all employees, agents and servants. (6) Acquire by gift or purchase, hold, manage and dispose of real and personal property in the name of the district in the furtherance of the purposes for which the district is established. (7) Work cooperatively with irrigation and drainage districts, municipal corporations or other public agencies, and use the technical expertise of the district to assist those agencies in the construction, improvement, repair and maintenance of ditches when such work is necessary for, or incident to, the prevention, control and eradication of predatory animals or public health vectors. (8) Enter into a contract with a city, county, district described in ORS 198.010 or person to perform, or to act jointly or in cooperation with the city, county, district or person in performing, any abatement practice or other activity that the vector control district is authorized to perform for the eradication, control and prevention of public health vectors and vector habitats or predatory animals. (9) Generally do all things necessary or incident to the powers granted and to carry out the objectives specified in this section. [Amended by 1959 c.600 6; 1981 c.640 1; 1983 c.207 1; 1987 c.298 2; 2007 c.258 3]
The county court shall: (1) Call special meetings of the board of trustees of the district for the purposes of investigation and supervision of the districts affairs. At least one meeting shall be called annually for the purpose of reviewing the activities of the district. (2) Hold hearings of complaints of other interested persons. (3) Require the board to furnish by February 1 of each year a proposed annual work program which shall include an estimate of funds required for the next year and a description of the work contemplated and the methods to be employed by the district. (4) Approve, after consultation with the local public health administrators or their designees, the annual work program of the district before any work contracts or operations are entered into by the board. (5) Require the board to furnish by February 1 of each year an annual report covering moneys expended, methods employed and work accomplished during the past fiscal year. [Amended by 1959 c.600 7; 1981 c.640 9; 2021 c.191 15]
All work performed under ORS 452.110 shall be paid for by the control district, except when a contract authorized under ORS 452.110 (8) provides otherwise. [Amended by 1983 c.207 2; 2007 c.258 4]
The board of trustees of a district: (1) May not apply pesticides to waters in the district that are frequented by waterfowl or that contain any game fish without obtaining annual approval of the State Fish and Wildlife Commission. (2) May not apply pesticides for public health vectors without first obtaining approval of the State Fish and Wildlife Commission. [Amended by 1959 c.600 8; 1981 c.640 2; 2007 c.258 5]
Notwithstanding ORS 452.110: (1) A vector control district shall not exercise the authority granted by ORS 452.110 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]
The board may request technical advice and information from the Oregon State University Agricultural Experiment Station and the Oregon Health Authority regarding methods and chemicals to be used in the control and extermination of rats and public health vectors. [1959 c.600 10 (enacted in lieu of 452.150); 1981 c.640 3; 2001 c.104 189; 2009 c.595 875]
(1) The board of trustees of any district, annually as provided in this section, may levy a tax on all the property in the district to provide moneys for all purposes required under ORS 452.020 to 452.170 during the next succeeding fiscal year. However, the taxes levied under this section may not exceed two-tenths of one percent (0.002) of the real market value of all taxable property within the district, computed in accordance with ORS 308.207. (2) Each year, immediately after necessary records are made, the county assessor of the county in which the district is situated shall transmit to the board of trustees a statement in writing, showing the total value of all property within the district as ascertained for that year from the assessment rolls of the county. (3) The board of trustees shall prepare a budget in the form, manner and time prescribed in the Local Budget Law and in accordance therewith fix the amount of money to be raised by taxation for carrying out its functions and activities. In the manner and time prescribed by law, the board shall transmit to the county assessor a statement of taxes that are to be collected. Assessment and collection of taxes levied on property within the district shall be made by the county officers charged with assessment and collection of other property taxes in the county in which the district is situated. [1965 c.609 2; 1967 c.205 1; 1973 c.256 1; 1981 c.640 10; 1991 c.459 407]
(1) Taxes levied under ORS 452.153 shall be collected at the same time and in the same manner as county taxes are collected and, when collected, shall be paid to the county treasurer and deposited, at the discretion of the board, either with the county treasurer of the county in accordance with subsection (3) of this section or in one or more banks or savings and loan associations designated by the board. Funds deposited in a bank or savings and loan association shall be withdrawn or paid out only upon proper order and warrant or check signed by the treasurer of the board and countersigned by the president of the board. (2) Taxes levied under ORS 452.153 shall be a lien upon the property against which they are levied and shall be of the same force and effect as other liens for taxes. Their collection shall be enforced by the same means as provided for the enforcement of liens for county property taxes. (3) District funds deposited with the county treasurer shall be deposited in a separate fund to the credit of the district. The county treasurer shall disburse the moneys upon the warrant of the district signed by the president of the board and countersigned by the treasurer of the board. (4) The board may by resolution designate a treasurer pro tempore or a president pro tempore who may sign warrants or checks on behalf of the treasurer of the board and president of the board respectively. [1965 c.609 3; 1981 c.640 11]
For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 36] Note: 452.158 was added to and made a part of 452.020 to 452.300 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1)(a) In addition to or in lieu of the tax levy provided for by ORS 452.153, the board of trustees of any district may, at the times and in the manner provided by law for public corporations, furnish to the county court and county accountant an estimate and statement, made pursuant to the budget laws of the state, of the amount of money necessary for all purposes required under ORS 452.020 to 452.170 during the next ensuing fiscal year. (b) Subject to paragraph (c) of this subsection, the county court may include the amount of the estimate made under paragraph (a) of this subsection, or any portion of the estimate, in the annual budget of the county. (c) The amount described in paragraph (b) of this subsection may not, in any one year, be greater than enough to raise the amount determined by the board of trustees under paragraph (a) of this subsection, and approved by the county court and the local public health administrators or their designees on the board. The amount budgeted, when added to any taxes levied under ORS 452.153, shall not exceed two-tenths of one percent (0.002) of the real market value of all taxable property within the district, computed in accordance with ORS 308.207. (2) The county court, thereafter at the time and in the manner of levying taxes for state and county purposes, may levy a tax on all the taxable property in the district sufficient to raise the amount of the estimate made by the board of trustees of the district. (3) All taxes levied under this section shall be computed and entered on the assessment and tax rolls of the county and collected at the same time and in the same manner as state and county taxes. When collected, the taxes shall be paid into the county treasury for the use of the district. Such funds may be withdrawn only upon warrants issued by the proper authorities of the district. [Amended by 1959 c.600 11; 1963 c.9 28; 1965 c.609 5; 1981 c.640 12; 1983 c.310 20; 1991 c.459 408; 2021 c.191 16]
All money received from taxes collected for the use of any control district under ORS 452.160 shall be paid to the county treasurer of the county in which the district is situated. The county treasurer shall keep the moneys in a separate fund to the credit of the district and disburse them upon the warrant of the district signed by the president of the board, and countersigned by the treasurer of the board. [Amended by 1959 c.600 12; 1965 c.609 6; 1981 c.640 13]
Any county court may contract with any incorporated city, any vector control district, or with the county court of any other county on any matter incident to the eradication, prevention and control of public health vectors and vector habitats using integrated pest management methods and for the supervision of such work by county employees. [Amended by 1959 c.600 13; 2007 c.258 6]
The officers and agents of such other county, vector control district or municipality acting by authority of such contract shall have the same right of entry, inspection and treatment as the agents and employees of the county seeking to control the public health vectors. [Amended by 1959 c.600 15]
Any county court may: (1) Take all necessary or proper steps and measures for the prevention, control or eradication of public health vectors using integrated pest management methods. (2) Abate as nuisances all vector habitats. (3) Purchase such supplies and materials and employ or contract for such labor as may be necessary or proper in furtherance of prevention, control or eradication. (4) Fix the compensation and prescribe the duties of all employees, agents and servants. (5) Enter upon all places within the county and adjacent thereto for the purpose of carrying out this section. (6) Cut or remove such shrubbery or undergrowth as is necessary or proper in order to carry out this section. (7) Treat, using integrated pest management methods places where public health vectors are found or are likely to exist. (8) Generally do any and all things necessary or incident to the powers granted in ORS 452.230 to 452.250 and to carry out the objectives specified in this section. [Amended by 1959 c.600 16; 1981 c.640 14; 2007 c.71 138; 2007 c.258 7]
In exercising its powers under ORS 452.210 to 452.250, a county court: (1) May not order the application of pesticides to waters in the county that are frequented by waterfowl or that contain any game fish without obtaining annual approval of the State Fish and Wildlife Commission. (2) May not order the application of pesticides for public health vectors without first obtaining the approval of the State Fish and Wildlife Commission. [1981 c.640 5; 2007 c.258 10]
No person shall knowingly or willfully hinder or interfere with or prevent the exercise of any powers conferred under ORS 452.230 to 452.250 or do or perform any act or thing which will destroy or impair the efficiency of any device or means used for the control or extermination of public health vectors or their larvae. [Amended by 1959 c.600 17]
(1) The Oregon Health Authority shall maintain a program of public health vector control, which program shall include, but not be limited to: (a) Monitoring and investigating public health vectors, vector habitats and vector-borne diseases. (b) Providing technical assistance and information to vector control districts, local vector control programs and the public. (c) Maintaining training programs for vector control district personnel and other public health personnel. (d) Coordinating and assisting vector control district programs and other local programs in research projects. (e) Reviewing vector control program pesticide use plans submitted by agencies that intend to use pesticides for vector control. Agencies must obtain authority approval of their annual pesticide use plan prior to pesticide applications. (2) The authority may provide an amount not to exceed $5,000 per year in matching funds to a district for a program to allow the district to carry out disease surveillance in cooperation with public health personnel. [1981 c.640 7; 2007 c.258 8; 2009 c.595 876]
[1975 c.555 2; 2009 c.98 12; renumbered 569.175 in 2009]
[1975 c.555 3; 2009 c.98 13; renumbered 569.180 in 2009]
[1975 c.555 4; 1985 c.565 73; 2003 c.794 283; 2009 c.98 14; renumbered 569.185 in 2009]
[1975 c.555 5; 2009 c.98 15; renumbered 569.190 in 2009]
[1975 c.555 6; 2009 c.98 16; renumbered 569.195 in 2009]
Violation of ORS 452.250 is a Class C misdemeanor. [Subsection (2) of 1975 Replacement Part enacted as 1975 c.555 7; 1977 c.582 49; 1999 c.1051 184; 2009 c.98 17]
As used in ORS 453.001 to 453.185, unless the context requires otherwise: (1) "Authority" means the Oregon Health Authority. (2) "Director" means the Director of the Oregon Health Authority. [1973 c.829 15b; 2001 c.900 200; 2009 c.595 878; 2021 c.513 1]
As used in ORS 453.005 to 453.135 unless the context requires otherwise: (1) "Combustible" means any substance that has a flash point above 80 degrees Fahrenheit to and including 140 degrees, as determined by the Tagliabue Open Cup Tester. (2) "Commerce" means any and all commerce within the State of Oregon and subject to the jurisdiction thereof and includes the operation of any business or service establishment. (3) "Corrosive" means any substance that in contact with living tissue will cause destruction of tissue by chemical action, but does not refer to action on inanimate surfaces. (4) "Electrical hazard" means an article that because of its design or manufacture may cause personal injury or illness by electric shock when in normal use or when subjected to reasonably foreseeable damage or abuse. (5) "Extremely flammable" means any substance that has a flash point at or below 20 degrees Fahrenheit as determined by the Tagliabue Open Cup Tester. (6) "Flammable" means any substance that has a flash point of above 20 degrees to and including 80 degrees Fahrenheit, as determined by the Tagliabue Open Cup Tester. (7) "Hazardous substance" means: (a) Any substance that is toxic, corrosive, an irritant, a strong sensitizer, flammable, combustible, or generates pressure through decomposition, heat or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children, or any substance that the Director of the Oregon Health Authority finds, pursuant to the provisions of ORS 453.005 to 453.135, comes within the definition of this paragraph. (b) Any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the director determines that the substance is sufficiently hazardous to require labeling in accordance with ORS 453.005 to 453.135 in order to protect the public health. However, "hazardous substance" does not include any source material, special nuclear material, or by-product material as defined in the Atomic Energy Act of 1954, as amended, and regulations issued pursuant thereto by the Atomic Energy Commission. (c) Any toy or other article intended for use by children that the director determines in accordance with ORS 453.055 presents an electrical, thermal or mechanical hazard. (d) Any article that is not pesticide within the meaning of the Federal Insecticide, Fungicide, and Rodenticide Act or regulated under ORS 616.335 to 616.385, but that is a hazardous substance within the meaning of paragraph (a) of this subsection by reason of bearing or containing pesticide. (e) The following brominated flame retardant chemicals: (A) Pentabrominated diphenyl ether; (B) Octabrominated diphenyl ether; and (C) Decabrominated diphenyl ether. (8) "Highly toxic" means any substance that falls within any of the following categories: (a) Produces death within 14 days in one-half or more of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams, at a single dose of 50 milligrams or less per kilogram of body weight, when orally administered; (b) Produces death within 14 days in one-half or more of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams, when inhaled continuously for a period of one hour or less at an atmosphere concentration of 200 parts per million by volume or less of gas or vapor or two milligrams per liter by volume or less of mist or dust, provided such concentration is likely to be encountered by humans when the substance is used in any reasonably foreseeable manner; or (c) Produces death within 14 days in one-half or more of a group of 10 or more rabbits tested in a dosage of 200 milligrams or less per kilogram of body weight, when administered by continuous contact with the bare skin for 24 hours or less. (9) "Immediate container" does not include package liners. (10) "Irritant" means any substance not corrosive within the meaning of subsection (3) of this section, but that on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction. (11) "Label" means a display of written, printed, or graphic matter upon the immediate container of any substance, or in the case of an article that is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly on the article involved or on a tag or other suitable material affixed thereto, and a requirement made by or under authority of ORS 453.005 to 453.135 that any word, statement, or other information appearing on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any, unless it is easily legible through the outside container or wrapper and on all accompanying literature where there are directions for use, written or otherwise. (12) "Mechanical hazard" means an article that in normal use or when subjected to reasonably foreseeable damage or abuse presents an unreasonable risk of personal injury or illness, by its design or manufacture: (a) From fracture, fragmentation, or disassembly of the article; (b) From propulsion of the article or any part or accessory thereof; (c) From points or other protrusions, surfaces, edges, openings, or closures; (d) From moving parts; (e) From lack or insufficiency of controls to reduce or stop motion; (f) As a result of self-adhering characteristics of the article; (g) Because the article or any part or accessory thereof may be aspirated or ingested; (h) Because of instability; or (i) Because of any other aspect of the articles design or manufacture. (13) "Misbranded hazardous substance" means a hazardous substance that does not meet the labeling requirements of ORS 453.035. (14) "Poison" means: (a) Arsenic and its preparations; (b) Corrosive sublimate; (c) Cyanides and preparations, including hydrocyanic acid; (d) Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of 10 percent or more; (e) Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of five percent or more; (f) Strychnine; (g) Sulfuric acid and any preparation containing free or chemically unneutralized sulfuric acid (H2SO4) in a concentration of 10 percent or more; (h) Solution of ammonia, U.S.P. 28 percent; or (i) Carbolic acid. (15) "Radioactive substance" means a substance that emits ionizing radiation. (16) "Strong sensitizer" means a substance that will cause on normal living tissue, through an allergic or photodynamic process, a hypersensitivity that becomes evident on reapplication of the same substances and that is designated as such by the director. (17) "Thermal hazard" means an article that, in normal use or when subjected to reasonably foreseeable damage or abuse, because of its design or manufacture presents an unreasonable risk of personal injury or illness because of heat as from heated parts, substances or surfaces. (18) "Toxic substance" means any substance, other than radioactive substance, that has the capacity to produce personal injury or illness to humans through ingestion, inhalation, or absorption through any body surface. [1971 c.409 1; 1993 c.18 111; 2005 c.496 1; 2009 c.595 879; 2009 c.639 1]
ORS 453.005 to 453.135 and 453.990 (2) do not apply to: (1) Articles such as chemical sets which by reason of functional purpose require the inclusion of the hazardous substance involved or necessarily present an electrical, mechanical or thermal hazard, and which bear labeling giving adequate directions and warnings for safe use, and are intended for use by children who have attained sufficient maturity and may reasonably be expected to read and heed these directions and warnings. (2) Common fireworks regulated under ORS 480.111 to 480.165. (3) Pesticides subject to the Federal Insecticide, Fungicide and Rodenticide Act or regulated by ORS 616.335 to 616.385. (4) Substances intended for use as fuels when stored in containers and used in the heating, cooking or refrigeration system of a house. (5) Foods or drugs otherwise regulated by this state. (6) Poisons sold to the ultimate consumer for agricultural or industrial uses in amounts of 10 pounds or more. (7) Any substance for use in a scientific laboratory. [1971 c.409 3]
[Amended by 1953 c.64 2; 1969 c.514 50; renumbered 689.865]
(1) Nothing in ORS 453.005 to 453.135 and 453.990 (2) is intended to interfere with or prevent the legitimate sale of completely denatured alcohol or methyl alcohol (methanol) by garages and filling stations, when used for antifreeze purposes and poured directly into the radiator of any automobile or motor vehicle by the seller thereof. (2) Stores and shops other than pharmacies may sell completely denatured alcohol or methyl alcohol (methanol) in quantities of not less than one gallon only in original containers and only when properly labeled by distiller or wholesale distributor and bearing also sellers label. The name and address of seller must be applied by label on the container. The record of such wholesale quantities must be kept by the seller and information including date, means of identification and purported use must also be kept. (3) Sellers of denatured alcohol or methyl alcohol (methanol) only are not required to obtain a shopkeepers license under ORS 689.305. (4)(a) Subject to the exemption under paragraph (b) of this subsection, retail sales of completely denatured alcohol, methyl alcohol (methanol), heating fuel mixtures and other forms of denatured alcohol except heating fuel mixtures and other forms of denatured alcohol containing less than five percent methanol by weight and containing additives that render them unpalatable for human consumption, in quantities of less than one gallon, shall be confined to pharmacists and registration of the sales must be made in their poison register. (b) Hotel, restaurant or food catering wholesalers or suppliers of heating fuel mixtures and other forms of denatured alcohol are exempt from paragraph (a) of this subsection when the supplying of these products is restricted for use solely in the preparation of commercially prepared foods in businesses supplying food needs directly to the public for immediate consumption. Products so classified when purchased shall be used only for this specified purpose and shall not be resold, given away or in any way made available to the public. (5) Distributors and transporters, stores and shops, other than pharmacies, may deliver, or sell carbolic acid (phenol), for commercial use only in quantities of at least one pound but only when the container is properly labeled by the manufacturer or wholesaler and also bears a label containing the name and address of the seller or deliverer. Record of sales or deliveries of quantities of one pound or more of carbolic acid (phenol) shall be kept by the seller and deliverer. The record shall contain information, including the date, name of purchaser or person receiving the delivery and purported use. (6) A distributor, transporter, store or shop shall not by reason of the delivery or sale of carbolic acid (phenol) in quantities of at least one pound be required to obtain a shopkeepers license under ORS 689.305. Retail sales of carbolic acid (phenol) in quantities of less than one pound shall be confined to pharmacies and registration of such sales shall be made on their poison register. (7) Except as specifically provided by law, the provisions of laws governing the sale and distribution of poisons do not apply to the sale or distribution of compounds, preparations or remedies which do not contain more than two grains of opium, or more than one-fourth grain of morphine, or more than one-eighth grain of heroin, or more than one grain of codeine, or any salt or derivative of any of them in one fluid ounce, or, if solid or semisolid preparations, in one avoirdupois ounce; or to liniments, ointments or other preparations which are prepared for external use only, when sold or distributed for use as medicines. (8)(a) Whenever poisons are dispensed in accordance with a written prescription by a practitioner, and such written prescription is filed and retained by the pharmacist as required by law, all of the requirements of ORS 453.005 to 453.135 and 453.990 (2) are satisfied. (b) A pharmacist shall affix a poison label to a prescription when the prescribing practitioner so directs. (9) Nothing in ORS 453.005 to 453.135 and 453.990 (2) applies to the manufacture or wholesale of any poisons. However, each box, vessel or package, other than prescriptions, in which any poison is contained must be labeled as provided in ORS 453.035. (10) Nothing in ORS 453.005 to 453.135 and 453.990 (2) applies to: (a) The manufacture, sale, repair, distribution, maintenance, refurbishment or modification of any new raw material or component part used in a motor vehicle, as that term is defined in ORS 801.360, or an airplane with component parts, including but not limited to original spare parts, that contain decabrominated diphenyl ether. (b) The use of commercial decabrominated diphenyl ether in the maintenance, refurbishment or modification of equipment used for purposes related to transportation. [1971 c.409 4; 1977 c.785 4; 1979 c.777 48; 2009 c.639 3]
[Amended by 1969 c.631 2; renumbered 453.175]
(1) The Director of the Oregon Health Authority shall adopt standards for the labeling of hazardous substances. The director may permit or require the use of a recognized generic name or may require the common or usual name or the chemical name, if there is no common or usual name, of the hazardous substance or of each component which the director finds contributes substantially to its hazard. (2) The director shall require: (a) The word "Danger" on substances which are extremely flammable, corrosive or highly toxic; (b) The word "Warning" or "Caution" on other hazardous substances; (c) An affirmative statement of the principal hazard or hazards, such as "Flammable," "Combustible," "Vapor Harmful," "Causes Burns," "Absorbed Through Skin," or similar wording descriptive of the hazard; (d) Precautionary measures describing the action to be followed or avoided, except when modified by rule of the director pursuant to subsection (4) of this section; (e) Instruction, when necessary or appropriate, for first-aid treatment; (f) The word "Poison" for any hazardous substance which is defined as "highly toxic" in ORS 453.005; (g) Instructions for handling and storage of packages which require special care in handling or storage; (h) Adequate directions for the protection of children from the hazard if the article is intended for use by children and is not a banned hazardous substance, or the statement "Keep out of the reach of children," or its practical equivalent, if the article is not intended for use by children; and (i) The name and place of business of the manufacturer, packer, distributor or seller. (3) Any statement required by this section must be in the English language, located prominently and in conspicuous and legible type in contrast by typography, layout or color with other printed matter on the label. (4) If the director finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under ORS 453.005 to 453.135 and 453.990 (2) is impracticable or is not necessary for the adequate protection of the public health and safety, the director may authorize the exemption of such substance from the requirements, to an extent consistent with adequate protection of the public health and safety. [1971 c.409 5; 2009 c.595 880]
(1) Every person who purchases poison shall be registered in a poison register, kept solely for that purpose, stating the date and hour of the sale, the name and address and the signature of the purchaser, the kind and quantity of the poison sold, a statement by the purchaser of the purpose for which it is required, and the name of the dispenser, who must be a pharmacist. (2) Official poison registers shall be furnished by the State Board of Pharmacy only to pharmacists and shall be in the form of columns with the following headings: (a) Date and hour. (b) Name of purchaser. (c) Residence address. (d) Kind and quantity. (e) Purpose of use. (f) Means of identification. (g) Signature of purchaser. (h) Signature of pharmacist. (3) Each official poison register shall be open for inspection by the proper authorities at all times and shall be preserved for at least five years after the date of the last entry therein. [1971 c.409 14]
(1) The Director of the Oregon Health Authority shall declare to be a hazardous substance any substance or mixture of substances which the director finds to be within the definition of hazardous substance in ORS 453.005. (2) If the director finds that any hazardous substance is a misbranded hazardous substance, the director shall require such reasonable variations or labeling requirements in addition to those required by ORS 453.035 as the director finds necessary for the protection of the public health and safety. However, if the director finds that any hazardous substance cannot be labeled adequately to protect the public health and safety, or the article presents an imminent danger to the public health and safety, the director may declare the article to be a banned hazardous substance and require its removal from commerce. (3) If the director finds that a toy or other article intended for use by children is a hazardous substance, bears or contains a hazardous substance in a manner as to be susceptible of access by a child to whom the toy or other article is entrusted or presents an electrical, mechanical or thermal hazard, the director shall declare a toy or other article to be a banned hazardous substance and require its removal from commerce. (4) If the director finds that any hazardous substance intended, or packaged in a form suitable, for use in a household, notwithstanding cautionary labeling as required under ORS 453.005 to 453.135 and 453.990 (2), involves a degree or nature of the hazard by its presence or use in households that the protection of the public health and safety can be adequately served only by keeping the substance out of the channels of commerce, the director shall declare the hazardous substance to be a banned hazardous substance and require its removal from commerce. (5) Any hazardous substance intended, or packaged in a form suitable for use in the household or by children, which fails to bear a label in accordance with ORS 453.035 and the standards of the director shall be deemed to be a misbranded hazardous substance. (6) Any hazardous substance contained in a reused food, drug or cosmetic container is a misbranded hazardous substance. [1971 c.409 6; 2009 c.595 881]
(1) Whenever the Director of the Oregon Health Authority or a designated representative finds or has probable cause to believe that any hazardous household substance is misbranded, or is a banned hazardous substance, the director or designated representative shall affix to such article a tag or other appropriate marking, giving notice that such article is or is suspected of being misbranded or is a banned hazardous substance, and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court. (2) When an article detained or embargoed under subsection (1) of this section has been found to be misbranded or a banned hazardous substance, the director shall petition the circuit court of the county within which the article is detained or embargoed for a label of condemnation of such article. However, if the director or a designated representative finds that an article so detained or embargoed is not misbranded or a banned hazardous substance, the director or designated representative shall remove the tag or other marking. (3) If the court finds that a detained or embargoed article is misbranded or a banned hazardous substance, after entry of the judgment, the article shall be destroyed at the expense of the owner or claimant thereof, under supervision of the director or a designated representative, and all court costs and fees, and storage and other proper expenses, shall be taxed against the owner or claimant of such article or the owner or claimant agent. However, when the misbranding can be corrected by proper labeling of the article, after entry of the judgment and after such costs, fees, and expenses have been paid and a good and sufficient bond or irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, conditioned that such article shall be so labeled, has been executed, the court may order that such article be delivered to the owner or claimant thereof for such labeling under the supervision of an agent of the director. The expense of such supervision shall be paid by claimant. The article shall be returned to the claimant on the representation to the court by the director that the article is no longer in violation of ORS 453.005 to 453.135 and 453.990 (2), and that the expenses of such supervision have been paid. [1971 c.409 8; 1991 c.331 64; 1997 c.631 474; 2003 c.576 458; 2009 c.595 882]
[Amended by 1969 c.631 17; renumbered 453.185]
(1) Any article or substance sold by its manufacturer, distributor, or dealer that is a banned hazardous substance, whether or not it was such at the time of its sale, shall, in accordance with rules of the Director of the Oregon Health Authority, be repurchased as provided in this section. (2) The manufacturer or distributor of any such article shall repurchase it from the person to whom the manufacturer or distributor sold it, and shall: (a) Refund to that person the purchase price paid for such article or substance; (b) If that person has repurchased such article or substance pursuant to this paragraph or paragraph (a) of this subsection, reimburse the person for any amounts paid in accordance with this section for the return of such article or substance in connection with its repurchase; and (c) If the manufacturer requires the return of such article or substance in connection with the repurchase of it, reimburse that person for any reasonable and necessary expenses incurred in returning it to the manufacturer. (3) In the case of any such article or substance sold at retail by a dealer, if the person who purchased it from the dealer returns it to the dealer, the dealer shall refund to the purchaser the purchase price paid for it and reimburse the person for any reasonable and necessary transportation charges incurred in its return. (4) As used in this section: (a) "Distributor" includes a dealer who sells at wholesale an article or substance with respect to that sale. (b) "Manufacturer" includes an importer for resale. [1971 c.409 13; 2005 c.22 324; 2009 c.595 883]
A person may not perform any of the following acts: (1) The introduction or delivery for introduction into commerce of any misbranded hazardous substance or banned hazardous substance. (2) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of a hazardous substance. (3) The performance of any act with respect to a hazardous substance while the substance is in commerce, or while the substance is held for sale or resale after shipment in commerce, that results in the hazardous substance being a misbranded hazardous substance or a banned hazardous substance. (4) The receipt of or delivery into commerce of any misbranded hazardous substance or banned hazardous substance for pay or otherwise. (5) The giving of a guarantee or undertaking that is false, except as a person who relied upon a guarantee or undertaking to the same effect signed by, and containing the name and address of, a person residing in the United States from whom the person received in good faith the hazardous substance. (6) The failure to permit entry or inspection as authorized by ORS 453.005 to 453.135 or to permit access to and copying of any record as authorized by ORS 453.005 to 453.135. (7) The introduction or delivery for introduction into commerce, or the receipt in commerce and subsequent delivery or proffered delivery for pay or otherwise, of a hazardous substance in a reused food, drug or cosmetic container or in a container that, though not a reused container, is identifiable as a food, drug or cosmetic container by its labeling or by other identification. (8) The use by any person to the advantage of the person, or the revealing other than to the Director of the Oregon Health Authority or the authorized representative of the director or to a court of any information acquired under authority of ORS 453.005 to 453.135 concerning any method or process that is a trade secret entitled to protection. (9) The sale or delivery of any poison to a minor under 18 years of age without the written order of a person 21 years of age or over, which written order shall be retained in the records of the seller and the poison register of the seller shall show by the name of the purchaser the fact that the sale or delivery was to a minor on order of an adult and show the adults name and address. (10) The sale or delivery of completely denatured alcohol, methyl alcohol (methanol), canned heat or other solidified forms of denatured alcohol, or any preparation containing those substances, to be used for beverage purposes. (11) The sale or delivery of any poison without making or causing to be made an entry in a poison register of the seller in the manner required by law. (12) The sale or delivery to any person of any poison without having learned by due inquiry that such person is aware of the poisonous character thereof and that it is desired for a lawful purpose. (13) The giving of a fictitious name or making any false representations to the seller or dealer when buying any of the poisons. (14) The sale or delivery to any person by anyone other than a pharmacist of a poison. (15) The removal or disposal of any detained or embargoed article without permission of the director or a designated representative. (16) The introduction or delivery for introduction into commerce of any product containing more than one-tenth of one percent by mass of pentabrominated diphenyl ether, octabrominated diphenyl ether or decabrominated diphenyl ether. This subsection does not apply to: (a) Used products; or (b) Replacement parts for products containing more than one-tenth of one percent by mass of pentabrominated diphenyl ether or octabrominated diphenyl ether introduced into commerce before January 1, 2006, or replacement parts for products containing more than one-tenth of one percent by mass of decabrominated diphenyl ether introduced into commerce before January 1, 2011. [1971 c.409 2; 2005 c.496 2; 2009 c.595 884; 2009 c.639 2]
(1) The authority to adopt rules for the administration and enforcement of ORS 453.005 to 453.135 and 453.990 (2) is vested in the Director of the Oregon Health Authority pursuant to ORS chapter 183. (2) The director shall cause the rules adopted under ORS 453.005 to 453.135 and 453.990 (2) to be no less strict than rules established pursuant to the Federal Hazardous Substances Act. (3) The combustibility, and extreme flammability of solids and of the contents of self-pressurized containers shall be determined by methods found by the director to be generally applicable to such materials or containers, respectively, and established by the director. (4) Before designating any substance as a strong sensitizer, the director, upon consideration of the frequency of occurrence and severity of the reaction, shall find that the substance has a significant potential for causing hypersensitivity. [1971 c.409 10; 2009 c.595 885]
(1) For the purposes of enforcement of ORS 453.005 to 453.135 and 453.990 (2), the Director of the Oregon Health Authority or a designated representative upon presenting appropriate credentials to the owner, operator or agent in charge, may: (a) Enter, at reasonable times, any factory, warehouse or establishment in which hazardous substances are manufactured, processed, packed, or held for introduction into commerce or are held after such introduction, or to enter any vehicle being used to transport or hold such hazardous substances in commerce. (b) Inspect, at reasonable times, and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle, and all pertinent equipment, finished and unfinished materials, and labeling therein. (c) Obtain samples of such materials or packages thereof, or of such labeling. (2) If the director or a designated representative obtains any sample, prior to leaving the premises, the director or designated representative shall pay or offer to pay the owner, operator, or agent in charge for such sample and give a receipt describing the sample obtained. [1971 c.409 11; 2009 c.595 886]
(1) For the purpose of enforcing the provisions of ORS 453.005 to 453.135 and 453.990 (2), carriers engaged in commerce, and persons receiving hazardous substances in commerce or holding such hazardous substances so received shall, upon request, permit the Director of the Oregon Health Authority or a designated representative at reasonable times, to have access to and to copy all records showing the movement in commerce of any such hazardous substances, or the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof. Such request must be accompanied by a statement in writing specifying the nature or kind of such hazardous substance to which such request relates. (2) Evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained. (3) Carriers shall not be subject to the other provisions of ORS 453.005 to 453.135 and 453.990 (2) by reason of their receipt, carriage, holding or delivery of hazardous substances in the usual course of business as carriers. [1971 c.409 12; 2009 c.595 887]
In addition to the remedies provided in ORS 453.005 to 453.135 and 453.990 (2), the Director of the Oregon Health Authority may apply to the circuit court for, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of ORS 453.085. [1971 c.409 7; 2009 c.595 888]
Before any violation of ORS 453.005 to 453.135 and 453.990 (2) is reported to any district attorney or police official for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present the persons views before the Director of the Oregon Health Authority or the designated agent of the director, either orally or in writing, in person, or by attorney, with regard to such contemplated proceeding. [1971 c.409 9; 2009 c.595 889]
Except as otherwise specifically provided by law, no person shall sell or dispense at retail any poison without affixing to the box, bottle, vessel or package containing the poison, a clear and legible label, either printed or written, bearing the name of the poison in English with the name and the place of business of the pharmacist, owner or manager by whom it is sold. [Formerly 453.030; 1977 c.582 50]
It is unlawful for any person to give a fictitious name or make any false representations to the seller or dealer when buying any of the poisons or any caustic or corrosive substances specified in ORS 453.005 (14) or in the rules of the State Board of Pharmacy. [Formerly 453.070; 1977 c.582 51]
As used in ORS 453.205 to 453.275: (1) "Art or craft material" means any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or principal importer as being suitable for use in any phase of the creation of any work of visual or graphic art of any medium. "Art or craft material" does not include economic poisons subject to the Federal Insecticide, Fungicide, and Rodenticide Act (61 Stats. 163) or drugs, devices or cosmetics, which are subject to the Federal Food, Drug and Cosmetics Act (52 Stats. 1040). (2) "Authority" means the Oregon Health Authority. (3) "Human carcinogen" means any substance listed as a human carcinogen by the International Agency for Research on Cancer. (4) "Medium" includes, but is not limited to, paintings, drawings, prints, sculpture, ceramics, enamels, jewelry, stained glass, plastic sculpture, photographs and leather and textile goods. (5) "Potential human carcinogen" means one of the following: (a) Any substance which does not meet the definition of human carcinogen, but for which there exists sufficient evidence of carcinogenicity in animals, as determined by the International Agency for Research on Cancer. (b) Any chemical shown to be changed by the human body into a human carcinogen. (6) "Toxic substance causing chronic illness" means any of the following: (a) Human carcinogens. (b) Potential human carcinogens. (c) Any substance included in the list of hazardous substances prepared by the Department of Consumer and Business Services pursuant to the Hazard Communication Rule, Division 155, notwithstanding exemptions made for substances on the list which are used in particular forms, circumstances or concentrations, if the health hazard presented by the substance is not the subject of label statements required by federal law. [1985 c.539 1; 2009 c.595 890]
The Legislative Assembly: (1) Finds and declares that there exists a significant danger to the public health and safety from exposure to art or craft material which contains toxic chemicals. This health risk threatens not only professional artists and craftspersons, but art teachers, students at every educational level, hobbyists and children. Toxic substances may be employed during the course and scope of creating art or craft objects of all varieties. (2) Finds and declares that present labeling of ingredients and hazards of art or craft material is insufficient to adequately protect the consumers of this state from chronic adverse health effects. Because many persons do not know what toxic chemical substances they work with, proper precautionary actions cannot be taken. Disclosure of toxic ingredients, their possible adverse effects on health, and instructions for safe handling, will substantially minimize unnecessary exposure to excessive risk. (3) Finds and declares that it is consistent to impose upon those who manufacture, repackage and distribute art or craft material a duty to convey to consumers information about the potential health hazards of the products they manufacture. (4) Finds and declares that school children are not sufficiently protected by present health laws insofar as materials which may be seriously harmful are not so labeled and therefore children are not properly warned as to the dangers inherent in the use of these materials. (5) Intends by ORS 453.205 to 453.275 to insure that consumers be provided information concerning the nature of the toxic substances with which they are working and the known and suspected health hazards of these substances and to insure the uniformity of labeling standards, so that materials with similar hazards also have essentially similar labels and to insure that elementary school children are protected by prohibiting the sale of those toxic substances to schools and school districts for use in kindergarten and grades 1 through 6. [1985 c.539 2]
For the purposes of ORS 453.205 to 453.275, an art or craft material shall be presumed to contain an ingredient which is a toxic substance causing chronic illness if the ingredient, whether an intentional ingredient or an impurity, is one percent or more by weight of the mixture or product, or if the Oregon Health Authority determines that the toxic or carcinogenic properties of the art or craft material are such that labeling is necessary for the adequate protection of the public health and safety. [1985 c.539 3; 2009 c.595 891]
(1) No person shall distribute any art or craft material containing toxic substances causing chronic illness on which the person: (a) Has failed to affix a conspicuous label containing the signal word "WARNING," to alert users of potential adverse health effects. (b) Has failed to affix a conspicuous label warning of the health-related dangers of the art or craft material. If a product contains: (A) A human carcinogen, the warning shall contain the statement: "CANCER HAZARD! Overexposure may create cancer risk." (B) A potential human carcinogen and does not contain a human carcinogen, the warning shall contain the statement: "POSSIBLE CANCER HAZARD! Overexposure might create cancer risk." (C) A toxic substance causing chronic illness, the warning shall contain, but not be limited to, the following statement or statements where applicable: (i) "May cause sterility or damage to reproductive organs." (ii) "May cause birth defects or harm to developing fetus." (iii) "May be excreted in human milk causing harm to nursing infant." (iv) "May cause central nervous system depression or injury." (v) "May cause numbness or weakness in the extremities." (vi) "Overexposure may cause damage to (specify organ)." (vii) "Heating above (specify degrees) may cause hazardous decomposition products." (D) More than one chronically toxic substance, or if a single substance can cause more than one chronic health effect, the required statements may be combined into one warning statement. (c) Has failed to affix on the label a list of ingredients that are toxic substances causing chronic illness. (d) Has failed to affix on the label a statement or statements of safe use and storage instructions, conforming to the following list. The label shall contain, but not be limited to, as many of the following risk statements as are applicable: (A) "Keep out of reach of children." (B) "When using, do not eat, drink or smoke." (C) "Wash hands after use and before eating, drinking or smoking." (D) "Keep container tightly closed." (E) "Store in well-ventilated area." (F) "Avoid contact with skin." (G) "Wear protective clothing (specify type)." (H) "Wear National Institute of Occupational Safety and Health (NIOSH) certified masks for dusts, mists or fumes." (I) "Wear NIOSH certified respirator with appropriate cartridge for (specify type)." (J) "Wear NIOSH certified supplied air respirator." (K) "Use window exhaust fan to remove vapors and ensure adequate ventilation (specify explosion proof if necessary)." (L) "Use local exhaust hood (specify type)." (M) "Do not heat above (specify degrees) without adequate ventilation." (N) "Do not use or mix with (specify material)." (e) Has failed to affix on the label a statement on where to obtain more information, such as "call your local poison control center for more health information." (f) Has failed to affix on the label the name and address of the manufacturer. (2)(a) If the information listed in subsection (1)(d) of this section cannot fit on the package label, a package insert shall be required to convey all the necessary information to the consumer. In this event, the label shall contain a statement to refer to the package insert, such as "CAUTION: See package insert before use." The language on this insert shall be nontechnical and nonpromotional in tone and content. (b) For purposes of this subsection, "package insert" means a display of written, printed or graphic matter upon a leaflet or suitable material accompanying the art supply. (3) The requirements set forth in this section shall not be considered to be complied with unless the required words, statements or other information appear on the outside container or wrapper, or on a package insert that is easily legible through the outside container or wrapper and is painted in a color in contrast with the product or the package containing the product. (4) The Oregon Health Authority may exempt a material from full compliance with ORS 453.205 to 453.275. In considering this exemption, the authority shall take into consideration the potential for reasonably foreseeable misuse of a material by a child. (5) If an art or craft material complies with labeling standards D-4236 of the American Society for Testing and Materials (ASTM), the material complies with the provisions of ORS 453.205 to 453.275, unless the authority determines that the label on an art or craft material does not satisfy the purposes of ORS 453.205 to 453.275. [1985 c.539 4; 2003 c.14 277; 2009 c.595 892]
(1) Art or craft material that is considered by the Oregon Health Authority to contain a toxic substance causing chronic illness may not be ordered or purchased by a school or school district for use by students in kindergarten and grades 1 through 6. (2) Any substance that is a toxic substance causing chronic illness may not be ordered or purchased by a school or school district for use by students in grades 7 through 12 unless the substance meets the labeling standards specified in ORS 453.235. (3) If the authority finds that, because the chronically toxic, carcinogenic or radioactive substances contained in an art or craft material cannot be ingested, inhaled or otherwise absorbed into the body during any reasonably foreseeable use of the material in a way that could pose a potential health risk, the authority may exempt the material from these requirements to the extent the authority determines to be consistent with adequate protection of the public health and safety. [1985 c.539 5; 2005 c.22 325; 2009 c.595 893]
(1) By June 1, 1986, the Oregon Health Authority shall develop a list of those art or craft materials which can be purchased or ordered for use in kindergarten and in grades 1 through 6 and a list of materials which, while not currently sold or manufactured, may be reasonably suspected to still exist at some schools. In developing the lists, the authority shall consult with manufacturers of art supplies, artists groups, health organizations and toxicologists as the authority considers appropriate. (2) The Superintendent of Public Instruction shall distribute the lists to all school districts and shall make the lists available to preschools, child care centers and other businesses and organizations which involve children in the use of art or craft materials. (3) The superintendent shall inform school districts of the requirements of ORS 453.205 to 453.275 and shall encourage school districts to dispose of art or craft materials which may contain human carcinogens, potential human carcinogens or toxic substances causing chronic illness, but which are not affected by ORS 453.205 to 453.275. [1985 c.539 6,7; 2009 c.595 894]
(1) The manufacturer of any art or craft material sold, distributed, offered for sale or exposed for sale in this state shall supply to a national poison control network approved by the Director of the Oregon Health Authority the formulation information required by that network for dissemination to poison control centers. Failure to file formulation information with an approved poison control network is a violation of ORS 453.205 to 453.275. (2) The requirements set forth in ORS 453.235 shall not be considered to be complied with unless all required words, statements or other information accompany art or craft materials from manufacturer to consumer, not excluding any distributor, packager or repackager. [1985 c.539 8; 2003 c.14 278; 2009 c.595 895]
Violation of ORS 453.235 or 453.265 is punishable by a civil penalty of not to exceed $1,000 that may be imposed and collected in the manner prescribed in ORS 441.705 to 441.745. [1985 c.539 9]
[1971 c.609 2; 1975 c.606 21; renumbered 469.300]
As used in ORS 453.307 to 453.414: (1) "Community right to know regulatory program" or "local program" means any law, rule, ordinance, regulation or charter amendment established, enforced or enacted by a local government that requires an employer to collect or report information relating to the use, storage, release, possession or composition of hazardous substances and toxic substances if a primary intent of the law, rule, ordinance, regulation or charter amendment is the public distribution of the information. (2) "Emergency service personnel" includes those entities providing emergency services as defined in ORS 401.025. (3) "Employer" means: (a) Any person operating a facility that is included in one or more of the 21 standard industrial classification categories in Appendix B of the Natural Resources Defense Council v. Train Consent Decree of June 8, 1976 (8 E.R.C. 2120); or (b) Any person operating a facility designated by the State Fire Marshal. (4) "Fire district" means any agency having responsibility for providing fire protection services. (5) "Hazardous substance" means: (a) Any substance designated as hazardous by the Director of the Department of Consumer and Business Services or by the State Fire Marshal; (b) Any substance for which a material safety data sheet is required by the Director of the Department of Consumer and Business Services under ORS 654.035 and which appears on the list of Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment by the American Conference of Governmental Industrial Hygienists; or (c) Radioactive waste and material as defined in ORS 469.300 and radioactive substance as defined in ORS 453.005. (6) "Health professional" means a physician licensed under ORS chapter 677, naturopathic physician licensed under ORS chapter 685, physician assistant licensed under ORS 677.505 to 677.525, registered nurse, industrial hygienist, toxicologist, epidemiologist or emergency medical services provider. (7) "Law enforcement agency" has the meaning given that term in ORS 181A.010. (8) "Local government" means a city, town, county, regional authority or other political subdivision of this state. (9) "Person" includes individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agency thereof, and the federal government and any agency thereof. (10) "Trade secret" has the meaning given that term in ORS 192.345 (2). [1985 c.726 1; 1987 c.259 5; 1991 c.956 14; 1993 c.187 25; 1999 c.1089 5; 2005 c.825 17; 2011 c.703 42; 2014 c.45 64; 2017 c.356 74]
[Amended by 1969 c.514 51; renumbered 689.855]
The Legislative Assembly finds and declares that: (1) The publics health and safety may be endangered by a lack of knowledge about hazardous substances located within this state. (2) Information on the use of hazardous substances in this state should be made readily available to members of the public, allowing them to take measures to protect themselves against dangers posed to health and safety. (3) Emergency service personnel must know what types and amounts of hazardous substances are present within this state and where they are located in order to properly protect human life and property. (4) A need exists to coordinate and make available to emergency service personnel information about the nature and amount of hazardous substances in Oregon. (5) Access by emergency service personnel to information about hazardous substances assures better protection of homes and recreational facilities, increases safety in the place of employment, improves livability and allows more control over emergency situations. [1985 c.726 3]
[1971 c.609 1; 1975 c.606 22; renumbered 469.310]
(1) The State Fire Marshal shall develop a hazardous substance survey and distribute the survey to employers in this state. The survey shall request the following information from such employers: (a) The identity and hazard classification of the hazardous substance as listed on a material safety data sheet; (b) The approximate amount and location of the hazardous substance; (c) The name and telephone number of personnel qualified to give technical, onsite information about hazardous substances; and (d) Any procedures established by the employer for the control of hazardous substances in the event of an emergency. (2) In addition to the information to be provided under subsection (1) of this section, the State Fire Marshal may by rule establish additional requirements for obtaining hazardous substance information the State Fire Marshal considers necessary. All rules adopted under this subsection shall be adopted after public hearing in accordance with ORS chapter 183. (3) Any employer receiving a hazardous substance survey shall complete the hazardous substance survey and return it to the State Fire Marshal not later than March 1 of each year or within 60 days after the date the State Fire Marshal mails the hazardous substance survey, whichever is later. (4) The State Fire Marshal shall update the hazardous substance survey once every 12 months. (5) An employer shall update and return the hazardous substance survey on or before March 1 of each year or within 60 days after the date the State Fire Marshal mails the survey, whichever is later, or an employer shall update the hazardous substance survey whenever any substantive information required to be provided changes, whichever situation occurs most often. (6) The Director of the Department of Consumer and Business Services shall participate in the development and updating of the hazardous substance survey and shall have access to the data included in the survey. (7) The State Fire Marshal may conduct an inspection to confirm the validity of a hazardous substance survey required by this section. The inspection shall be conducted according to the provisions of ORS 476.150. [1985 c.683 6; 1985 c.696 6; 1985 c.726 4; 1987 c.259 6; 1991 c.804 1; 2005 c.825 13]
[Amended by 1969 c.514 52; renumbered 689.860]
(1) The State Fire Marshal shall retain for at least five years the information provided by the employer under ORS 453.317. (2) The State Fire Marshal shall provide copies of the information to each local public health authority as defined in ORS 431.003, fire district and any public or private safety agency participating in the emergency communications system pursuant to ORS 403.105 to 403.250 and, upon request, provide copies of the information to the following agencies located within the geographic jurisdiction of the fire district: (a) Fire districts and other emergency service personnel responding to a hazardous substance incident; (b) Health professionals; (c) Law enforcement agencies; and (d) Local emergency management agencies as described in ORS 401.305. (3) The State Fire Marshal may distribute the information provided by an employer under ORS 453.317 to persons outside the jurisdiction of the fire district if the State Fire Marshal considers the information essential to the safe control of an emergency. (4) In addition to the requirements of subsections (2) and (3) of this section, the State Fire Marshal shall provide, upon request, access to the information provided by employers under ORS 453.317 to any agency of this state. [1985 c.726 6; 1989 c.793 27; 2009 c.718 23; 2015 c.247 37; 2015 c.736 98]
[1971 c.609 3; 1975 c.606 23; renumbered 469.320]
(1) Notwithstanding any other provision of ORS 453.307 to 453.414 and 476.030, the public is permitted access to records retained under ORS 453.322 relating to hazardous substances not otherwise protected as a trade secret or by a confidentiality agreement described in ORS 453.332 and 453.337. A person requesting information under this section may be required to complete the form provided by the Department of the State Fire Marshal pursuant to subsection (2) of this section. (2) If, in the discretion of the State Fire Marshal, it is necessary to protect the public safety and welfare, the State Fire Marshal may require a person requesting information under subsection (1) of this section to complete a form developed by the State Fire Marshal. The form shall require the person making the request for information to provide the name and address and proof of identity of the person making the request. [1985 c.726 7; 2021 c.539 112] Note: The name of the office of the State Fire Marshal is being changed to the Department of the State Fire Marshal. The name change becomes operative on July 1, 2023. See sections 89 and 155a, chapter 539, Oregon Laws 2021. Between July 1, 2022, and July 1, 2023, references to the Department of the State Fire Marshal shall be construed to mean the office of the State Fire Marshal in the Department of State Police. See section 155c, chapter 539, Oregon Laws 2021. Note: The amendments to 453.327 by section 112, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the users convenience. (1) Notwithstanding any other provision of ORS 453.307 to 453.414 and 476.030, the public is permitted access to records retained under ORS 453.322 relating to hazardous substances not otherwise protected as a trade secret or by a confidentiality agreement described in ORS 453.332 and 453.337. A person requesting information under this section may be required to complete the form provided by the State Fire Marshal pursuant to subsection (2) of this section. (2) If, in the discretion of the State Fire Marshal, it is necessary to protect the public safety and welfare, the State Fire Marshal may require a person requesting information under subsection (1) of this section to complete a form developed by the State Fire Marshal. The form shall require the person making the request for information to provide the name and address and proof of identity of the person making the request.
(1) An employer responding to a request under ORS 453.317 may withhold the specific hazardous substance identity, including the chemical name and any other specific identification of a hazardous substance, if: (a) Upon a showing satisfactory to the State Fire Marshal, the records, reports or information, or particular parts thereof, if made public, would divulge product identities, methods or processes and are entitled to protection as a trade secret under ORS 192.345; and (b) Other information provided by the employer describes the properties, quantities stored and used and effects of the hazardous substance. (2) Under no circumstances shall this section be construed to require the disclosure of information about a process or percentage of mixture that is a trade secret. (3) A claim of trade secret by the employer, if the claim is substantiated by the Department of Consumer and Business Services or any other agency, may be recognized by the State Fire Marshal as sufficient for purposes of trade secret protection under ORS 453.307 to 453.414 and 476.030. (4) Site specific information regarding the exact amount and location of a hazardous substance provided to or obtained by the State Fire Marshal or by an agency identified in ORS 453.322 shall be treated by the State Fire Marshal or the agency as confidential. (5) Any claim of trade secret by an employer pursuant to this section must be made at the time the employer provides the information to the State Fire Marshal. [1985 c.726 8]
[1971 c.609 7a; 1975 c.606 25; renumbered 469.330]
(1) If a health professional determines that a medical emergency exists and the specific identity of a hazardous substance is necessary for emergency or first-aid treatment, the employer shall immediately, if known, disclose the specific hazardous substance identity without first requiring a written statement of need or a confidentiality agreement. The employer may request a written statement of need and confidentiality agreement as required under subsection (2) of this section as soon as circumstances permit. (2) In a nonemergency situation, an employer shall disclose a specific hazardous substance identity, if known, otherwise permitted to be withheld under ORS 453.332, to a health professional if the health professional provides a statement of need and enters into a confidentiality agreement with the employer. (3) A statement of need required under subsection (2) of this section shall: (a) Be in writing; (b) Describe in sufficient detail the reason the information is needed; (c) Explain in detail why disclosure of the specific hazardous substance identity is essential and that without disclosure the health professional would be unable to provide adequate medical assistance; and (d) Include a description of the procedures to be used to maintain the confidentiality of the disclosed information. (4) The health professional providing medical assistance and the employer shall enter into a written confidentiality agreement stating that: (a) The health professional will not use the trade secret information for any purpose other than the health needs asserted; and (b) The health professional agrees not to release the information under any circumstances except as otherwise authorized by the terms of the agreement or in writing by the employer. (5) The State Fire Marshal shall establish a uniform form for the confidentiality agreement required under this section. [1985 c.726 9]
Any fire department, emergency service personnel or law enforcement agency responding to an incident of injury to a human, wildlife, domestic animal or property resulting from a hazardous substance emergency shall make a report of the incident, in writing, to the Department of the State Fire Marshal. The State Fire Marshal annually shall summarize all incidents reported to the department and the information received as a result of the survey conducted under ORS 453.317. The State Fire Marshal shall submit a copy of the summary to: (1) The Governor; (2) The Legislative Assembly; (3) The Department of Environmental Quality; (4) The Department of Consumer and Business Services; (5) The Department of Transportation; (6) The Environmental Health Sciences Center at Oregon State University; (7) The Oregon Department of Emergency Management; (8) The Oregon Health Authority; and (9) Every public library as defined in ORS 357.400. [1985 c.726 10; 1993 c.187 26; 2007 c.740 38; 2009 c.595 896; 2021 c.539 113] Note: The name of the office of the State Fire Marshal is being changed to the Department of the State Fire Marshal. The name change becomes operative on July 1, 2023. See sections 89 and 155a, chapter 539, Oregon Laws 2021. Between July 1, 2022, and July 1, 2023, references to the Department of the State Fire Marshal shall be construed to mean the office of the State Fire Marshal in the Department of State Police. See section 155c, chapter 539, Oregon Laws 2021. Note: The amendments to 453.342 by section 113, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the users convenience. Any fire department, emergency service personnel or law enforcement agency responding to an incident of injury to a human, wildlife, domestic animal or property resulting from a hazardous substance emergency shall make a report of the incident, in writing, to the office of the State Fire Marshal. The State Fire Marshal annually shall summarize all incidents reported to the State Fire Marshal and the information received as a result of the survey conducted under ORS 453.317. The State Fire Marshal shall submit a copy of the summary to: (1) The Governor; (2) The Legislative Assembly; (3) The Department of Environmental Quality; (4) The Department of Consumer and Business Services; (5) The Department of Transportation; (6) The Environmental Health Sciences Center at Oregon State University; (7) The Office of Emergency Management; (8) The Oregon Health Authority; and (9) Every public library as defined in ORS 357.400.
[1971 c.609 8; 1973 c.80 57; 1975 c.606 26; renumbered 469.350]
(1) The State Fire Marshal shall assist with emergency response planning by appropriate agencies of government at the local, state and national levels to assure that the response to a hazardous substance fixed site or transportation accident is swift and appropriate to minimize damage to any person, property or wildlife. This planning shall include assisting in and training for the preparation of localized plans setting forth agency responsibilities for on-scene response. (2) The State Fire Marshal may apply for funds as available to train, equip and maintain an appropriate response capability at the state and local level. (3) The State Fire Marshal shall issue certificates to local agency personnel who have completed the training. (4) To the extent practicable, the emergency preparedness and response program for hazardous substances as provided in this section shall be consistent with the program for radioactive material, wastes and substances developed by the State Department of Energy and the Oregon Health Authority under ORS chapters 453 and 469. [1985 c.726 11; 2009 c.595 897]
The State Fire Marshal may exempt by rule certain hazardous substances from all or part of the reporting requirements of ORS 453.317 and 453.342. Such an exemption can be made only if the State Fire Marshal finds that the location, quantity, concentration or type of hazardous substance or substances is not likely to endanger the public health, welfare or safety or the environment. [1985 c.726 12]
[1971 c.609 9; 1975 c.606 27; renumbered 469.360]
(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 to 453.352 or any order or rule entered or adopted under ORS 453.307 to 453.414. (2) Civil penalties under this section shall be imposed as provided in ORS 183.745. [1985 c.726 13,14; 1987 c.259 7; 1991 c.734 29]
In order to conduct the hazardous substance survey under ORS 453.317, the State Fire Marshal may obtain employers names and addresses from the Department of Consumer and Business Services. The Department of the State Fire Marshal shall pay for the expenses incurred by the Department of Consumer and Business Services in providing such information. [1985 c.726 15; 2021 c.539 114] Note: The name of the office of the State Fire Marshal is being changed to the Department of the State Fire Marshal. The name change becomes operative on July 1, 2023. See sections 89 and 155a, chapter 539, Oregon Laws 2021. Between July 1, 2022, and July 1, 2023, references to the Department of the State Fire Marshal shall be construed to mean the office of the State Fire Marshal in the Department of State Police. See section 155c, chapter 539, Oregon Laws 2021. Note: The amendments to 453.362 by section 114, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the users convenience. In order to conduct the hazardous substance survey under ORS 453.317, the State Fire Marshal may obtain employers names and addresses from the Department of Consumer and Business Services. The State Fire Marshal shall pay for the expenses incurred by the Department of Consumer and Business Services in providing such information.
[1971 c.609 10; 1975 c.552 38; 1975 c.606 28; renumbered 469.370]
In accordance with applicable provisions of ORS chapter 183, the State Fire Marshal shall adopt rules necessary to carry out the provisions of ORS 453.307 to 453.414. [1985 c.726 5]
(1) In order to maintain and ensure the effectiveness of state programs established under ORS 453.307 to 453.414, as well as to ensure the effectiveness of local efforts, a local government may establish, enforce or enact a local community right to know regulatory program provided that the local program complies with the requirements of this section. (2) To the extent that a local program is supported in whole or in part by fees, those fees may be set, imposed or assessed only by the local government that is implementing the local program. Such fees are allowed only to the extent not otherwise prohibited or limited by law. Such fees: (a) Shall be adopted by ordinance as a fee schedule, after notice and public hearing; and (b) May not exceed $2,000 for any single facility in any calendar year. (3)(a) All local community right to know regulatory program enforcement, including but not limited to penalties, may be imposed only by a local fire official or a board established by the local government to implement the local community right to know regulatory program. (b) Penalties for violations of a community right to know regulatory program may not exceed $1,000 per day and shall be assessed according to a schedule adopted by the local government after notice and public hearing. Except when a local government has reasonable grounds to find that an employer willfully and knowingly avoided compliance with the local program, and as long as the employer submits the required information within 30 days following a written notification of noncompliance, penalties shall be suspended if the employer has no history of violating the local program. (4) After notice and public hearing, the local government must determine that: (a) Existing reporting to local, state or federal agencies is inadequate to meet the needs and concerns of the local government; (b) The state or federal government does not collect data that will provide substantially the same information desired by the local government; (c) The local government has asked the appropriate state agency to operate the program desired by the local government and the state agency has not committed to do so within 180 days; (d) The Department of Environmental Quality, the State Fire Marshal and the Oregon Health Authority have had an opportunity to comment on the proposed program and the local government has responded to those comments; and (e) The local government has provided an opportunity for written and oral public comment on the proposed program. (5) Any local government that operates a local community right to know regulatory program shall: (a) Provide for an opportunity to report data electronically; (b) Place data reported under the program on the Internet with instructions for the general public that explain the organization of the data; and (c) Keep records of data usage and otherwise document interest in the collected data. (6) Data and other information presented under a local community right to know regulatory program: (a) Shall clearly distinguish, where appropriate, public health interpretations from the raw data; (b) May, where feasible, indicate specifically which hazardous substances and toxic substances are being released into the local air, water and land; and (c) Shall include locations where a person may obtain epidemiological statistics related to health effects of the hazardous substances and toxic substances, if available. (7) For any hazardous substance or toxic substance that a local government proposes to require an employer to report under a local community right to know regulatory program established pursuant to this section, the local government shall seek written and oral public comment and provide written notice to interested parties prior to adoption as a reporting requirement. The local government must provide the public with an opportunity to comment on the appropriateness of reporting on the proposed hazardous substance or toxic substance, including but not limited to commenting on health and environmental considerations, economic concerns and feasibility of compliance. The local government shall consider the comments before adopting a list or making additions to a list of hazardous substances and toxic substances to be reported. (8) In administering a local community right to know regulatory program, a local government shall establish procedures to exempt, when reasonable, an entity from all or part of the local program for the purpose of protecting trade secrets or where the local government determines that the operations of the entity pose little or no risk to the public health or the environment. (9) Except as prohibited by federal or state law, a local program may not differentiate between public and private employers. (10) Nothing in this section shall be construed to limit the authority of a local government to: (a) Distribute information collected under the state Community Right to Know and Protection Act; or (b) Adopt or enforce a local ordinance, rule or regulation strictly necessary to comply with: (A) The Uniform Building Code as adopted and amended by the Director of the Department of Consumer and Business Services; (B) A uniform fire code; or (C) Any requirement of a state or federal statute, rule or regulation, including but not limited to those controlling hazardous substances, toxic substances or other environmental contaminants. [1999 c.1089 3; 2001 c.104 191; 2005 c.22 326; 2009 c.595 898]
ORS 453.307 to 453.414 may be cited as the Community Right to Know and Protection Act. [1985 c.726 2]
The State Fire Marshal shall establish by rule a plan for the effective implementation of a statewide hazardous material emergency response system, which, to the extent practicable, shall be consistent with the emergency response plan adopted under ORS 466.620. The statewide hazardous material emergency response system shall include, but need not be limited to: (1) Provisions for coordinating the duties and responsibilities of regional hazardous material response teams, including related procedures for 24-hour dispatching and emergency communications; (2) A schedule of fees for computing the reimbursement for extraordinary response costs incurred by a regional hazardous material response team as authorized by ORS 453.374 to 453.390; and (3) Provisions for ongoing training programs for local government and state agency employees involved in response to spills or releases of oil and hazardous material. The Department of Public Safety Standards and Training may coordinate its training programs with emergency response training programs offered by local, state and federal agencies, community colleges and institutes of higher education and private industry in order to reach the maximum number of employees, avoid unnecessary duplication and conserve limited training funds. [1989 c.833 82; 1993 c.185 18; 1997 c.853 39]
[1971 c.609 22; 1975 c.606 29; renumbered 469.380]
(1) In order to determine the need for response to a spill or release or threatened spill or release under ORS 453.307 to 453.414, or enforcing the provisions of ORS 453.307 to 453.414, any person who prepares, manufactures, processes, packages, stores, transports, handles, uses, applies, treats or disposes of oil or hazardous material shall, upon the request of the State Fire Marshal: (a) Furnish information relating to the oil or hazardous material; and (b) Permit the State Fire Marshal at all reasonable times to have access to, and to make copies of, records relating to the type, quantity, storage locations and hazards of the oil or hazardous material. (2) In order to carry out subsection (1) of this section, the State Fire Marshal may enter to inspect at reasonable times any establishment or other place where oil or hazardous material is present. (3) Any person possessing or holding a quantity of oil or hazardous material meeting or exceeding the reporting criteria established by the State Fire Marshal shall notify the State Fire Marshal of the presence, quantity and other information required under statute or rule, and shall conform to the requirements of ORS 453.307 to 453.414. [1989 c.833 83; 1999 c.1089 6; 2001 c.104 193]
(1) In order to determine the need for response to a spill or release or threatened spill or release under ORS 453.307 to 453.414, any person who prepares, manufactures, processes, packages, stores, transports, handles, uses, applies, treats or disposes of oil or hazardous material shall, upon the request of any authorized local government official, permit the official at all reasonable times to have access to and copy, records relating to the type, quantity, storage locations and hazards of the oil or hazardous material. (2) In order to carry out subsection (1) of this section a local government official may enter to inspect at reasonable times any establishment or other place where oil or hazardous material is present. (3) As used in this section, "local government official" includes but is not limited to an officer, employee or representative of a county, city, fire department, fire district or police agency. [1989 c.833 84]
In order to protect life and property against the dangers of emergencies involving a hazardous substance as defined in ORS 453.307, 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]
(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]
During operations authorized under ORS 453.374 to 453.390, members of regional hazardous materials response teams shall be protected and defended from liability under ORS 30.260 to 30.300. [1989 c.833 85]
[1971 c.609 11; 1975 c.606 30; renumbered 469.390]
(1) In order to accomplish the purposes of ORS 453.374 to 453.390, the State Fire Marshal may lend equipment and personnel and make grants for the purchase of equipment and for personnel costs, as funds are available, to any local government participating in the statewide hazardous material emergency response system. (2) In allocating state equipment and personnel grants under ORS 453.374 to 453.390, the State Fire Marshal may provide up to 90 percent of the financing for the equipment and personnel. A local government receiving grant moneys shall contribute at least 10 percent to the costs. Such contribution may be in a form agreed upon by the local government and the State Fire Marshal and may include, but need not be limited to, providing emergency response to areas outside the local jurisdiction, paying of insurance costs of the equipment or providing maintenance for the equipment. [1989 c.833 86; 1991 c.356 1]
(1) The State Fire Marshal and any local government may enter into contracts with each other concerning eligible equipment or personnel loans or equipment purchases. The contract may include any provisions agreed upon by the parties thereto, and for grants shall include the following provisions: (a) An estimate of the reasonable personnel costs or cost of the eligible equipment purchases, as determined by the State Fire Marshal. (b) An agreement by the local government: (A) To proceed expeditiously with, and complete, the equipment purchases in accordance with plans approved by the State Fire Marshal; and (B) To provide for the payment of the local governments share of the personnel costs or the cost of the equipment purchases. (2) The State Fire Marshal may adopt rules necessary for making and enforcing contracts under this section and establishing procedures to be followed in applying for state equipment and personnel loans or grants authorized by ORS 453.386. (3) All contracts entered into pursuant to this section shall be subject to approval by the Attorney General as to form. All payments by the state pursuant to such contracts shall be made after audit and upon warrant on vouchers approved by the State Fire Marshal. [1989 c.833 87; 1991 c.356 2]
(1) When requested in writing by the State Fire Marshal, the Oregon Department of Administrative Services shall draw a warrant on the State Fire Marshal Fund in favor of the State Fire Marshal for use as a revolving fund. The State Treasurer shall hold the revolving fund in a special account against which the State Fire Marshal may draw checks. (2) The State Fire Marshal may use the revolving fund for the purposes specified in ORS 453.386 and 453.388. (3) All claims by the State Fire Marshal for reimbursement of advances paid from the revolving fund are subject to approval by the Oregon Department of Administrative Services. When such claims have been approved, a warrant covering them shall be drawn in favor of the State Fire Marshal, charged against the appropriate funds and accounts and used to reimburse the revolving fund. (4) The State Fire Marshal may disburse moneys from the revolving fund established under subsections (1) to (3) of this section to any local government unable to pay the expenses incurred by a regional hazardous material response team that responds to an emergency within the jurisdiction of the local government or to defray any extraordinary costs of a local response team responding to the emergency. [1989 c.833 88,90]
(1) As part of the plan for the effective implementation of a statewide hazardous material emergency response system established by rule under ORS 453.374, the State Fire Marshal shall adopt by rule a plan for the coordinated response to oil or hazardous material spills or releases that occur during rail transport. The plan adopted under this subsection: (a) Shall address with a specific focus on oil or hazardous material spills or releases that occur during rail transport all required provisions under ORS 453.374; (b) May include requirements and incentives for local governments and other responders to participate in ongoing training programs; (c) Shall provide a system for identifying where hazardous material response resources owned by railroads are located throughout this state and how access to those resources is to be coordinated; (d) Shall include a recurring, three-year training cycle of statewide training exercises that: (A) Commences with a triennial tabletop exercise that includes the Department of Environmental Quality, the Department of Transportation, the Oregon Department of Emergency Management, state and local responders, federally recognized Indian tribes in this state and railroads that operate in this state; (B) Includes, in the second year of the training cycle, a triennial statewide functional exercise to test and evaluate response capabilities, functional groups, plans, incident command staff and emergency operations centers in their abilities to respond to an oil or a hazardous material spill or release that occurs during rail transport; and (C) Includes provisions for the planning, preparation and implementation, in the third year of the training cycle, of a triennial full-scale, multiagency, multijurisdictional and multidisciplinary oil or hazardous material spill or release training exercise that: (i) Involves training for all manner of personnel necessary for a coordinated response to an oil or a hazardous material spill or release; (ii) Is intended to examine or validate the planning, coordination and command and control decisions that may be made in the event of an oil or hazardous material spill or release and to also examine or validate response-specific capabilities or functions; and (iii) Involves training that covers the entire sequence of events that take place during an oil or hazardous material spill or release incident that occurs during rail transport; and (e) Shall include any other information deemed necessary by the Department of the State Fire Marshal to provide coordinated response to oil or hazardous material spills or releases that occur during rail transport. (2) The department shall annually coordinate with local governments, other state agencies involved in hazardous material emergency response, other responders and representatives of the railroad industry to prepare a report on the coordinated response plan adopted under this section and shall: (a) Make the report available as an appendix to the Oregon Department of Emergency Managements oil and hazardous material response emergency operations plan developed pursuant to ORS 401.092; and (b) No later than February 1 of each year, submit the report to the Legislative Assembly in the manner provided in ORS 192.245. (3) The report required by subsection (2) of this section shall include, but need not be limited to, the following in relation to oil and hazardous material emergency response for rail transport: (a) An inventory of all emergency response resources available in this state, including information on: (A) The location of, and the means of access to, the resources; (B) Whether the resources are publicly or privately maintained; and (C) Additional resources that are needed to provide for adequate response; (b) Suggested changes to the structure for the continued coordination between state agencies and industry; (c) Possible revisions to the response roles or responsibilities of state agencies, local governments and railroads; and (d) Strategies for ensuring adequate funding at the state and local government levels to cover the training, equipment and administrative costs associated with providing comprehensive response and equipment. [2015 c.739 2; 2019 c.581 17; 2021 c.539 115] Note: The name of the office of the State Fire Marshal is being changed to the Department of the State Fire Marshal. The name change becomes operative on July 1, 2023. See sections 89 and 155a, chapter 539, Oregon Laws 2021. Between July 1, 2022, and July 1, 2023, references to the Department of the State Fire Marshal shall be construed to mean the office of the State Fire Marshal in the Department of State Police. See section 155c, chapter 539, Oregon Laws 2021. Note: The amendments to 453.392 by section 115, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the users convenience. (1) As part of the plan for the effective implementation of a statewide hazardous material emergency response system established by rule under ORS 453.374, the State Fire Marshal shall adopt by rule a plan for the coordinated response to oil or hazardous material spills or releases that occur during rail transport. The plan adopted under this subsection: (a) Shall address with a specific focus on oil or hazardous material spills or releases that occur during rail transport all required provisions under ORS 453.374; (b) May include requirements and incentives for local governments and other responders to participate in ongoing training programs; (c) Shall provide a system for identifying where hazardous material response resources owned by railroads are located throughout this state and how access to those resources is to be coordinated; (d) Shall include a recurring, three-year training cycle of statewide training exercises that: (A) Commences with a triennial tabletop exercise that includes the Department of Environmental Quality, the Department of Transportation, the Office of Emergency Management, state and local responders, federally recognized Indian tribes in this state and railroads that operate in this state; (B) Includes, in the second year of the training cycle, a triennial statewide functional exercise to test and evaluate response capabilities, functional groups, plans, incident command staff and emergency operations centers in their abilities to respond to an oil or a hazardous material spill or release that occurs during rail transport; and (C) Includes provisions for the planning, preparation and implementation, in the third year of the training cycle, of a triennial full-scale, multiagency, multijurisdictional and multidisciplinary oil or hazardous material spill or release training exercise that: (i) Involves training for all manner of personnel necessary for a coordinated response to an oil or a hazardous material spill or release; (ii) Is intended to examine or validate the planning, coordination and command and control decisions that may be made in the event of an oil or hazardous material spill or release and to also examine or validate response-specific capabilities or functions; and (iii) Involves training that covers the entire sequence of events that take place during an oil or hazardous material spill or release incident that occurs during rail transport; and (e) Shall include any other information deemed necessary by the office of the State Fire Marshal to provide coordinated response to oil or hazardous material spills or releases that occur during rail transport. (2) The office of the State Fire Marshal shall annually coordinate with local governments, other state agencies involved in hazardous material emergency response, other responders and representatives of the railroad industry to prepare a report on the coordinated response plan adopted under this section and shall: (a) Make the report available as an appendix to the Office of Emergency Managements oil and hazardous material response emergency operations plan developed pursuant to ORS 401.092; and (b) No later than February 1 of each year, submit the report to the Legislative Assembly in the manner provided in ORS 192.245. (3) The report required by subsection (2) of this section shall include, but need not be limited to, the following in relation to oil and hazardous material emergency response for rail transport: (a) An inventory of all emergency response resources available in this state, including information on: (A) The location of, and the means of access to, the resources; (B) Whether the resources are publicly or privately maintained; and (C) Additional resources that are needed to provide for adequate response; (b) Suggested changes to the structure for the continued coordination between state agencies and industry; (c) Possible revisions to the response roles or responsibilities of state agencies, local governments and railroads; and (d) Strategies for ensuring adequate funding at the state and local government levels to cover the training, equipment and administrative costs associated with providing comprehensive response and equipment.
(1) The Oil and Hazardous Material Transportation by Rail Action Fund is established in the State Treasury, separate and distinct from the General Fund. The Oil and Hazardous Material Transportation by Rail Action Fund shall consist of all moneys placed in the fund as provided by law and any gifts, grants, donations, endowments or bequests from any public or private source. Interest earned by the fund shall be credited to the fund. (2) All moneys in the fund are continuously appropriated to the Department of the State Fire Marshal only for the payment of costs associated with the development and effective implementation of the plan adopted under ORS 453.392 for the coordinated response to oil or hazardous material spills or releases that occur during rail transport. [2015 c.739 4; 2021 c.539 116] Note: The name of the office of the State Fire Marshal is being changed to the Department of the State Fire Marshal. The name change becomes operative on July 1, 2023. See sections 89 and 155a, chapter 539, Oregon Laws 2021. Between July 1, 2022, and July 1, 2023, references to the Department of the State Fire Marshal shall be construed to mean the office of the State Fire Marshal in the Department of State Police. See section 155c, chapter 539, Oregon Laws 2021. Note: The amendments to 453.394 by section 116, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the users convenience. (1) The Oil and Hazardous Material Transportation by Rail Action Fund is established in the State Treasury, separate and distinct from the General Fund. The Oil and Hazardous Material Transportation by Rail Action Fund shall consist of all moneys placed in the fund as provided by law and any gifts, grants, donations, endowments or bequests from any public or private source. Interest earned by the fund shall be credited to the fund. (2) All moneys in the fund are continuously appropriated to the Department of State Police for use by the office of the State Fire Marshal only for the payment of costs associated with the development and effective implementation of the plan adopted under ORS 453.392 for the coordinated response to oil or hazardous material spills or releases that occur during rail transport. Note: 453.394 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 453 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
[1971 c.609 12; 1975 c.606 31; renumbered 469.400]
As used in ORS 453.396 to 453.414: (1) "Department" means the Department of Revenue. (2) "Facility" means all buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person or by any person who controls, is controlled by or under common control with such person. (3) "Hazardous substance" means any chemical substance or waste for which a material safety data sheet is required by the Department of Consumer and Business Services. (4) "Material safety data sheet" means written or printed material concerning a hazardous chemical which is prepared in accordance with rules of the Department of Consumer and Business Services. (5) "Person" includes any entity operating a facility that is included in one or more of the standard industrial classification categories identified by the State Fire Marshal or added by the State Fire Marshal under ORS 453.408 (2). "Entity" includes any individual, trust, firm, association, corporation, partnership, joint stock company, joint venture, public or municipal corporation, commission, political subdivision, the state or any agency or commission thereof, interstate body, and the federal government and any agency thereof. (6) "Possess" or "possession" means the physical possession of a hazardous substance within this state. [1989 c.833 121; 1993 c.744 228]
It is the intent of ORS 453.396 to 453.414 to impose a fee on the possession of hazardous substances at facilities in this state. These provisions are not intended to relieve any person from any other duty or responsibility imposed by law. [1989 c.833 122]
(1) Beginning January 1, 1990, and annually thereafter, any person possessing a hazardous substance at a facility in this state in aggregate amounts at or above the threshold quantities designated by rule by the State Fire Marshal shall pay a fee for each facility in accordance with the fee schedules established under ORS 453.402. (2) If any person fails to pay the fee imposed under subsection (1) of this section within 60 days, there shall be added to the fee a penalty of five percent of the amount of the fee. Any payment made after 60 days shall bear interest at the rate prescribed under ORS 305.220. (3) The fee imposed by this section is in addition to all other state, county or municipal fees on a hazardous substance. [1989 c.833 123,130]
(1) The State Fire Marshal shall annually send a statement to each person subject to the fee imposed under ORS 453.400, indicating the amount of the fee due. The amount of the fee shall be in accordance with the fee schedules established under subsection (2) of this section. (2) By rule and after hearing, the State Fire Marshal shall establish three schedules of fees to be submitted annually by each employer returning a hazardous substance survey under ORS 453.317, except as otherwise provided in subsection (4) of this section. In each case the fee shall be based upon the aggregate amount of the single largest annual aggregate substance reported that is manufactured, stored or used at the facility. The fee schedule shall be graduated and shall include but need not be limited to categories of fees for minimally hazardous substances, generally hazardous substances and very hazardous substances. In addition, the State Fire Marshal may establish a registration fee to be paid for certain hazardous substances and quantities of hazardous substances in lieu of the fee under the graduated schedule. When the State Fire Marshal assesses a registration fee, no local fee shall be assessed for those substances. The programs to be funded from fees collected under ORS 453.396 to 453.414 and the maximum range of the fees that may be considered are as follows: (a) For funding the Community Right to Know and Protection Act, not less than $25 and not more than $2,000. (b) For funding the Toxics Use Reduction and Hazardous Waste Reduction Act, not less than $25 and not more than $2,000. (c) For each employers share of a total of up to $1 million to be deposited into the Orphan Site Account established under ORS 465.381, not less than zero and not more than $9,000. This schedule shall not require an employer to pay more than $25,000. (3) The Department of Revenue shall collect fees established under this section. The department shall determine the amounts to be distributed under subsection (2) of this section and shall transfer the appropriate amounts to the State Fire Marshal, the Department of Environmental Quality and the Orphan Site Account in accordance with expenditures approved by the Legislative Assembly for the State Fire Marshal and the Department of Environmental Quality. The remaining moneys are continuously appropriated to the State Fire Marshal to pay the expenses of the State Fire Marshal in administering and enforcing the provisions of ORS 453.396 to 453.414. (4) The following are exempt from the fee imposed under this section: (a) Crude oil and petroleum products derived from the refining of crude oil, including plant condensate, gasoline, diesel motor fuel, aviation fuel, lubrication oil, crankcase motor oil, kerosene, benzol, fuel oil, residual fuel, petroleum coke, asphalt base, liquefied or liquefiable gases such as butane, ethane and propane and other products described during petroleum processing, but not including derivatives, such as petroleum jellies, cleaning solvents or asphalt paving. (b) Solid waste as defined in ORS 459.005. (c) Hazardous waste as defined in ORS 466.005. (d) Any substance or activity which the Constitution or laws of the United States prohibit the state from taxing. (e) From the fee imposed under the schedule established under subsection (2)(c) of this section, any person whose property is exempt from taxation under ORS 307.090. (f) Natural gas unless stored in liquefied form for nonvehicular use in quantities greater than 200 cubic feet. (5)(a) Except as provided in paragraph (b) of this subsection, propane, butane and blended or compounded petroleum products produced by processes other than the refining of crude oil and for nonvehicle use are not exempt from the fees imposed by subsection (2) of this section. (b) Propane produced by processes other than the refining of crude oil and for nonvehicle use is exempt from the fee imposed by subsection (2)(b) of this section. (6) Local government assessments of hazardous substance fees based on quantity or the hazardous substance survey shall be used solely to supplement and not to duplicate the State Fire Marshals programs under ORS 453.307 to 453.414 and shall be billed and collected only through contract with the State Fire Marshal. A local government shall not charge any fee under its program for a hazardous substance for which an employer pays a registration fee to the State Fire Marshal under subsection (2) of this section. (7) The State Fire Marshal shall not enter into a contract with a local government under subsection (6) of this section unless the local government meets the following requirements: (a) The local government certifies that the revenue from the local hazardous substance fee will be used solely to supplement and not duplicate the State Fire Marshals programs under ORS 453.307 to 453.414; (b) The local hazardous substance fee system is structured to be compatible with the fee schedule adopted under subsection (2)(a) of this section; (c) The local hazardous substance fee system will not raise moneys in excess of that needed to carry out the local governments supplemental community right to know programs; and (d) The contract under this section shall include: (A) Provisions that ensure that the local government pays the portion of the costs that may be attributed to its fee assessment program; and (B) Conditions that require the local government to bear all costs related to collection of its fee, including but not limited to costs associated with conducting hearings or appeals on the fee. (8) In addition to collecting the fees due to the State Fire Marshal under this section, the Department of Revenue also may collect the fees authorized for collection under a contract established under subsection (6) of this section. The Department of Revenue shall determine the amount to be distributed to each local government according to fee assessment totals provided by the State Fire Marshal for each local government for whom the State Fire Marshal has contracted to assess a fee. [1989 c.833 124; 1991 c.804 2; 2003 c.95 1]
(1) The State Fire Marshal for good cause may extend, for not to exceed one month, the time for payment of the fee due under ORS 453.396 to 453.414. The extension may be granted at any time if a written request is filed with the State Fire Marshal within or prior to the period for which the extension may be granted. If the time for payment is extended at the request of a person, interest at the rate established under ORS 305.220, from the time the payment was originally due to the time payment is actually made, shall be added and paid. (2) If the person fails to pay the amount due, the State Fire Marshal may either: (a) Bring an action for the recovery of the fee due; 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.833 125; 2017 c.278 22]
[1971 c.609 21; 1973 c.687 2; 1975 c.606 32; renumbered 469.420]
(1) Every person who possesses a hazardous substance shall keep at its registered place of business complete and accurate records for each facility of any hazardous substance purchased by, or brought in or caused to be brought in to the facility, or stored, used or manufactured at the facility. (2) The State Fire Marshal or an authorized representative of the State Fire Marshal, upon oral or written reasonable notice, may make such examinations of the books, papers, records and equipment required to be kept under this section as it may deem necessary in carrying out the provisions of ORS 453.396 to 453.414. [1989 c.833 126]
(1) The Department of Revenue, in consultation with the State Fire Marshal, is authorized to establish those rules and procedures for the implementation and enforcement of ORS 453.396 to 453.414 that are consistent with its provisions and are considered necessary and appropriate. (2) The State Fire Marshal by rule may add persons or substances to or exempt persons or substances from liability for the fee imposed under ORS 453.396 to 453.414 to conform to the reporting requirements established by the State Fire Marshal under the Community Right to Know and Protection Act. (3) Before final adoption of initial rules to carry out the provisions of ORS 453.396 to 453.414 or subsequent amendment of the initial fee schedules established under ORS 453.398, the State Fire Marshal shall obtain prior approval of the fees by the Oregon Department of Administrative Services and shall submit a report to the Emergency Board prior to adopting the fees. The fees established under ORS 453.396 to 453.414 shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The fees shall not exceed the cost of the program. [1989 c.833 127,131,134; 1991 c.703 11]
The provisions of ORS chapters 305 and 314 as to liens, delinquencies, claims for refund, issuance of refunds, conferences, appeals to the Oregon Tax Court, stay of collection pending appeal, cancellation, waiver, reduction or compromise of fees, penalties or interest, subpoenaing and examining witnesses and books and papers, and the issuance of warrants and the procedures relating thereto, shall apply to the collection of fees, penalties and interest by the Department of Revenue under ORS 453.396 to 453.414, except where the context requires otherwise. [1989 c.833 128; 1995 c.650 54]
All moneys received by the Department of Revenue under ORS 453.396 to 453.414 shall be deposited in the State Treasury and credited to a suspense account established under ORS 293.445. After payment of administration expenses incurred by the department in the administration of ORS 453.396 to 453.414 and of refunds or credits arising from erroneous overpayments, the balance of the money shall be distributed according to the provisions of ORS 453.402. Moneys collected under ORS 453.396 to 453.414 and credited to the Orphan Site Account shall not be used for removal or remedial action costs at solid waste disposal sites for which a fee is collected under ORS 459.311 or 459.236. [1989 c.833 129]
Nothing in ORS 453.396 to 453.412 shall require units of local government to pay a fee imposed under the schedules established under ORS 453.402 (2)(a) and (b) because of the use of material which would otherwise be subject to a fee under ORS 453.396 to 453.414, if the use of such material by the unit of local government is specifically required by a state or federal law or rule or if the use of such material is reasonably necessary to enable the unit of local government to meet a standard imposed by state or federal law or rule, or is the by-product of processes employed to meet a standard imposed by state or federal rule or law. [1989 c.833 135]
[1971 c.609 13; 1975 c.606 33; renumbered 469.430]
[1971 c.609 23; renumbered 469.440]
[1971 c.609 5; 1975 c.606 34; renumbered 469.450]
[1971 c.609 19; 1975 c.606 35; renumbered 469.460]
[1971 c.609 6; 1975 c.606 36; renumbered 469.470]
[1971 c.609 17; 1975 c.606 37; renumbered 469.480]
[1971 c.609 6a; renumbered 469.490]
[1971 c.609 14; 1975 c.606 38; renumbered 469.500]
[1971 c.609 7; 1975 c.606 39; renumbered 469.510]
(1) The Governor shall designate the Department of the State Fire Marshal as the state emergency response commission as required by the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.). (2) The department shall: (a) Provide, in a timely manner, advice to a state agency that is required to consult with the department about programs that involve hazardous materials or hazardous substances; and (b) Undertake all duties of a state emergency response commission required by the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.) including but not limited to: (A) Designating emergency planning districts; (B) Establishing local emergency planning committees within emergency planning districts and appointing members to the local emergency planning committees; and (C) Providing comments on local emergency plans. [1987 c.597 1; 2005 c.825 14; 2007 c.71 139; 2021 c.539 117] Note: The name of the office of the State Fire Marshal is being changed to the Department of the State Fire Marshal. The name change becomes operative on July 1, 2023. See sections 89 and 155a, chapter 539, Oregon Laws 2021. Between July 1, 2022, and July 1, 2023, references to the Department of the State Fire Marshal shall be construed to mean the office of the State Fire Marshal in the Department of State Police. See section 155c, chapter 539, Oregon Laws 2021. Note: The amendments to 453.520 by section 117, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the users convenience. (1) The Governor shall designate the office of the State Fire Marshal as the state emergency response commission as required by the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.). (2) The office shall: (a) Provide, in a timely manner, advice to a state agency that is required to consult with the office about programs that involve hazardous materials or hazardous substances; and (b) Undertake all duties of a state emergency response commission required by the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.) including but not limited to: (A) Designating emergency planning districts; (B) Establishing local emergency planning committees within emergency planning districts and appointing members to the local emergency planning committees; and (C) Providing comments on local emergency plans.
[1971 c.609 18; 1975 c.606 40; renumbered 469.520]
[1971 c.609 15; 1975 c.606 41; renumbered 469.530]
[1971 c.609 25; 1975 c.606 42; renumbered 469.540]
[1971 c.609 26; 1975 c.606 43; renumbered 469.550]
[1971 c.609 20; 1975 c.606 44; renumbered 469.560]
[1971 c.609 24; renumbered 469.570]
[1973 c.246 1; 1975 c.606 45; renumbered 453.765]
[1973 c.246 3; renumbered 453.770]
As used in ORS 453.605 to 453.800, unless the context requires otherwise: (1) "By-product material" means radioactive material, other than special nuclear material, that is yielded or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. (2) "Electronic product" means any manufactured product or device or component part of such a product or device that has an electronic circuit which during operation can generate or emit a physical field of radiation, such as, but not limited to microwave ovens, laser systems or diathermy machines. (3) "Federal government" means the United States or any agency or instrumentality of the United States. (4) "General license" means a license, effective under rules of the Oregon Health Authority without the filing of an application, to acquire, own, possess, use or transfer a device or equipment that produces radiation, or a quantity of, or a device or equipment that utilizes, by-product material, source material, special nuclear material or other radioactive material that occurs naturally or is produced artificially. (5) "Person" means any of the following other than the United States Atomic Energy Commission or any successor thereto: (a) Individual, group, association, firm, partnership, corporation, trust, estate, agency or public or private institution; (b) Political subdivision or agency of this state; (c) State other than this state or any political subdivision or agency of a state other than this state; or (d) The legal successor, representative, agent or agency of a person listed in paragraphs (a) to (c) of this subsection. (6) "Radiation" means: (a) Ionizing radiation including gamma rays, X-rays, alpha and beta particles, protons, neutrons and other atomic or nuclear particles or rays. (b) Any electromagnetic radiation that can be generated during the operations of electronic products and that the Oregon Health Authority has determined to present a biological hazard to the occupational or public health and safety but does not mean electromagnetic radiation that can be generated during the operation of an electronic product that is licensed by the Federal Communications Commission. (c) Any sonic, ultrasonic or infrasonic waves that are emitted from an electronic product as a result of the operation of an electronic circuit in such product and that the authority has determined to present a biological hazard to the occupational or public health and safety. (7) "Source material" means: (a) Uranium, thorium or any other material that the Oregon Health Authority declares to be essential to the production of special nuclear material by an order made after the United States Atomic Energy Commission or any successor thereto has determined the material to be source material; or (b) Ore that contains such a concentration of one or more materials mentioned in paragraph (a) of this subsection that the authority declares the ore to be essential to the production of special nuclear material by an order made after the United States Atomic Energy Commission or any successor thereto has determined such ore to be source material. (8) "Special nuclear material" means any of the following that is not source material: (a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, or any other material that the Oregon Health Authority declares to be capable of releasing substantial quantities of atomic energy by an order made after the United States Atomic Energy Commission or any successor thereto has determined the material to be special nuclear material. (b) Material artificially enriched by any material mentioned in paragraph (a) of this subsection. (9) "Specific license" means a license, issued after application, to receive, acquire, own, possess, use, manufacture, produce or transfer a device or equipment that produces radiation, or a quantity of, or a device or equipment that utilizes, by-product material, source material or special nuclear material or other radioactive material that occurs naturally or is produced artificially. (10) "Vendor" means a person who is licensed under ORS 453.671. (11) "X-ray machine" means a device or equipment that produces radiation when in operation but does not utilize by-product material, source material, special nuclear material or other radioactive material that occurs naturally or is produced artificially. (12) "X-ray machine registration" means an authorization granted by the Oregon Health Authority allowing the operation of an X-ray machine. [1961 c.664 3; 1973 c.90 1; 1995 c.444 12; 2001 c.900 258; 2009 c.595 899; 2021 c.513 2]
It is the policy of the State of Oregon in furtherance of its responsibility to protect the public health and safety: (1) To institute and maintain a regulatory program for radiation sources so as to provide for: (a) Compatibility with the standards and regulatory programs of the federal government; (b) An integrated effective system of regulation within the state; and (c) A system consonant insofar as possible with those of other states; and (2) To institute and maintain a program to permit development and utilization of radiation sources for peaceful purposes consistent with the health and safety of the public. [1961 c.664 1]
It is the purpose of ORS 453.605 to 453.800 to effectuate the policies set forth in ORS 453.615 by providing for: (1) A program of effective regulation of radiation sources for the protection of the occupational and public health and safety; (2) A program to promote an orderly regulatory pattern within the state, among the states and between the federal government and this state and to facilitate intergovernmental cooperation with respect to use and regulation of radiation sources to the end that duplication of regulation may be minimized; (3) A program to establish procedures for assumption and performance of certain regulatory responsibilities with respect to by-product materials, source materials and special nuclear materials; and (4) A program to permit maximum utilization of radiation sources consistent with the health and safety of the public. [1961 c.664 2]
(1) The Oregon Health Authority is the State Radiation Control Agency, but ORS 453.605 to 453.800 do not apply to a radiation source while it is being transported on a railroad car or in a motor vehicle subject to and in conformity with rules adopted by the Department of Transportation nor do they apply to any matter other than transportation of radiation sources within the authority of the Energy Facility Siting Council under ORS chapter 469. To protect occupational and public health and safety against radiation hazards the authority shall: (a) Develop programs to evaluate hazards associated with the use of radiation sources; and (b) With due regard for compatibility with the regulatory programs of the federal government, promulgate standards and make reasonable regulations relating to registration, licensing, use, handling, transport, storage, disposal, other than disposal regulated by ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930, and control of radiation sources, including but not limited to by-product materials, source materials and special nuclear materials. (2) To protect occupational and public health and safety against radiation hazards the authority or its authorized representative may: (a) Advise, consult and cooperate with other agencies of this state, the federal government, other states, interstate agencies, political subdivisions of this state or other states and with groups concerned with control of radiation sources; (b) Encourage, participate in or conduct studies, investigations, training, research or demonstrations relating to control of radiation sources; (c) Accept and administer loans, grants or other funds or gifts, conditional or otherwise, from the federal government or from any other source, public or private; (d) Collect and disseminate information relating to control of radiation sources; and (e) Subject to any applicable provision of the State Personnel Relations Law, appoint officers and employees and prescribe their duties and fix their compensation. [1961 c.664 4; 1971 c.699 17; 1977 c.796 6; 1995 c.733 44; 2009 c.595 900]
The Director of the Oregon Health Authority shall appoint a Radiation Advisory Committee to advise the Oregon Health Authority on matters relating to radiological health and radiation protection. The committee shall consist of eight persons who because of their training and experience are qualified to advise the authority on such matters and they shall serve at the pleasure of the director. The members of the Radiation Advisory Committee are entitled to compensation and expenses as provided in ORS 292.495. [1961 c.664 4a; 1969 c.314 47; 1973 c.90 2; 2009 c.595 901]
When under ORS 453.605 to 453.800 a license or registration or both, as the case may be, is required for that purpose, no person shall receive, acquire, own, possess, use, manufacture, produce or transfer any radiation source without the license or registration or both, as the case may be. [1961 c.664 6]
(1) Subject to subsection (2) of this section, the Oregon Health Authority shall provide for the issuance, allowance, modification, amendment, revision, suspension and revocation of general and specific licenses that relate to by-product materials, source materials or special nuclear materials and to devices or equipment that utilize any of those materials. The authority may not require a specific license for the use of an X-ray machine within the limits of the license by a licensed dentist, chiropodist or veterinarian or by a person licensed to practice medicine, chiropractic, naturopathic medicine or any other system or method of healing. Otherwise the authority may require registration or a general or specific license or both registration and a general or specific license with respect to any radiation source. (2)(a) Each application for a specific license shall be in writing and shall state such information as the authority by rule determines both to be necessary to decide the applicants technical, insurance, financial or other qualifications and to be reasonable and necessary to protect occupational and public health and safety. At any time after the filing of the application for and before the expiration of a specific license the authority may require further written statements, and may cause inspections to be made as the authority considers necessary, to determine whether the license should be granted, denied, modified, amended, revised, suspended or revoked. An application for a specific license or any statement relating to that application or to any license must be signed by the applicant or licensee. (b) Each license shall be in such form and contain terms and conditions the authority considers necessary to protect the occupational and public health and safety. (c) A general or specific license or right to possess or use a radiation source under a general or specific license may not be assigned in any manner without the approval of the authority. (d) The terms and conditions of any general or specific license may be modified, amended or revised by rule or order. (e) Subject to any requirement for registration, the authority may by rule recognize a license from any other state or from the federal government as compliance with a license requirement of this section or of ORS 453.635. (f) When the authority finds that a radiation source, a use of a radiation source, a user of a radiation source or a class of such sources, uses or users will not constitute a significant risk to the health and safety of the public, the authority may exempt the source, use, user or class, as the case may be, from any requirement for registration or a license. [1961 c.664 5; 2005 c.21 1; 2009 c.595 902; 2017 c.409 16]
[1969 c.304 2; 1973 c.182 10; 1979 c.696 9; 1989 c.436 1; 1993 c.728 1; 1995 c.444 13; renumbered 453.757 in 1995]
(1) Each person shall obtain a vendor license from the Oregon Health Authority before engaging in the business of: (a) Selling, leasing, transferring, lending, installing, marketing, servicing, inspecting, repairing or calibrating a radiation device or equipment, including an X-ray machine and tanning device; or (b) Providing consulting services to an owner or operator of a radiation device or equipment, including an X-ray machine and tanning device. (2) The authority shall require a person to pay an annual $500 fee to obtain or renew the vendor license under subsection (1) of this section. (3) The authority may adopt rules to carry out this section. [2021 c.513 6]
(1) When in the opinion of the Governor, such agreements will promote public health and safety and assist in the peaceful uses of radiation sources, the Governor on behalf of this state shall enter into agreements with the federal government providing for discontinuance of certain of the federal governments responsibilities with respect to radiation sources and the assumption thereof by this state. (2) When a person immediately before the effective date of an agreement under subsection (1) of this section has a license from the federal government to do anything which relates to by-product material, source material or special nuclear material and which on the effective date of the agreement is subject to the control of this state, the person shall be considered to have a like license under ORS 453.605 to 453.800 until the expiration date specified in the license from the federal government or until the end of the 90th day after the person receives notice from the Oregon Health Authority that the license will be considered expired, whichever is earlier. [1961 c.664 7; 2009 c.595 903]
(1) The Director of the Oregon Health Authority may enter at any reasonable time upon any private or public property, with the permission of the owner or custodian, to determine whether there is compliance with ORS 453.605 to 453.800 and rules lawfully issued pursuant thereto. When such permission is not obtained or given, if the director has grounds to believe that a violation of ORS 453.605 to 453.800 or rules lawfully issued pursuant thereto exists, the director may apply to the proper judicial officer for a warrant to enter upon the property for purposes of inspection, search or seizure consonant with the scope of ORS 453.605 to 453.800; except that in a case where the director has grounds to believe that a violation of ORS 453.605 to 453.800 or rules pursuant thereto exists which presents a clear and present danger to the health, safety or security of the state or its citizens, the director may make such entry of property as is reasonable to abate the danger involved and for that purpose. (2) Upon application to the proper judicial officer for a warrant to enter property under this section, the judicial officer shall forthwith summarily determine whether or not grounds to issue such warrant exists, and if the judicial officer finds such exists, the judicial officer shall immediately issue a warrant authorizing entry by the director upon the described property for the purposes of ORS 453.605 to 453.800. The director shall not be liable for injury or damage resulting from the action taken or authorized in good faith and without malice under the apparent authority of this section, even though such action is later judicially determined to be unlawful. [1961 c.664 8; 1973 c.90 3; 2009 c.595 904]
(1) When the Oregon Health Authority by regulation so requires, any person who possesses or uses a radiation source shall cause to be made, in the manner prescribed by the authority, records relating to the receipt, storage, transfer and disposition of the source and to such other matters as the authority prescribes. (2) Any person who possesses or uses a radiation source shall cause to be made, in the manner prescribed by the authority, records showing the radiation exposure of any individual who is affected by such possession or use and for whom the authority by regulation requires personnel monitoring. (3)(a) Each person who possesses or uses a radiation source and who has reason to believe that any individual has received from that source radiation exposure in excess of the maximum permissible exposure established for an individual by regulations of the authority shall give that individual notice of the possible exposure with a copy of any record of the exposure. (b) Any person who possesses or uses a radiation source and who, in connection with that possession or use, employs an individual for whom the authority by regulation requires personnel monitoring, in addition to any requirement of paragraph (a) of this subsection shall, if the individual so requests or if regulations of the authority so require, give the individual a copy of the individuals personnel monitoring exposure record annually and at the end of the employment. (4) Upon the request of the authority or its authorized representative, the custodian of any record required by this section shall give a copy of that record to the authority or its authorized representative. [1961 c.664 10; 2009 c.595 905]
When a radiation source is in the possession, custody or control of any person who is not equipped to observe or who fails to observe any applicable provision of or regulation pursuant to ORS 453.605 to 453.800, upon the issuance of an emergency order under ORS 453.807 the Oregon Health Authority or its authorized representative may cause that source to be impounded. [1961 c.664 11; 1975 c.241 1; 2009 c.595 906]
When the Oregon Health Authority in writing notifies the Attorney General that, in the judgment of the authority, a person has engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any provision of or regulation pursuant to ORS 453.605 to 453.800, if the authority so requests, the Attorney General shall apply to the circuit court for the county of that persons residence for an order enjoining such act or practice, or for an order directing compliance; and upon a showing by the authority that that person has engaged or is about to engage in any such act or practice, the court may grant a permanent or temporary injunction or restraining order or other order. [1961 c.664 12; 2009 c.595 907]
As used in ORS 453.726 to 453.734, 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]
It is the purpose of ORS 453.726 to 453.734 to regulate tanning facilities to minimize the risks associated with suntanning with artificial ultraviolet light. These risks include, but may not be limited to: (1) Sunburn; (2) Premature aging of the skin; (3) Skin cancer; (4) Retinal damage; (5) Formation of cataracts; (6) Suppression of the immune system; and (7) Damage to the vascular system. [Formerly 431.930]
(1) Any tanning device used by a tanning facility shall comply with all applicable federal laws and regulations. (2) ORS 453.726 to 453.734 do not apply to a phototherapy device used by or under the direct supervision of a physician licensed under ORS chapter 677. [Formerly 431.935]
(1) The Oregon Health Authority shall adopt by rule standards and a system of registration for tanning devices. Any entity doing business in this state as a tanning facility must register with the authority, in a manner prescribed by the authority by rule, each tanning device at the tanning facility that is accessible by an individual who is afforded the use of a tanning device as a condition or benefit or as part of a membership in exchange for a fee or other compensation. (2) The registration shall include payment of an annual registration fee, not to exceed $200 per tanning device, in an amount prescribed by the authority by rule that is sufficient to cover the costs of administering the regulatory program. (3) The authority may conduct inspections of tanning facilities to ensure compliance with ORS 453.726 to 453.734. [Formerly 431.940; 2015 c.778 1; 2021 c.513 4]
(1) A tanning facility shall give each customer a written statement warning that: (a) Not wearing the protective eye wear provided to each customer by the tanning facility may cause damage to the eyes. (b) Overexposure to the tanning process causes burns. (c) Repeated exposure to the tanning process may cause skin cancer or premature aging of the skin, or both. (d) Abnormal skin sensitivity or burning may result from the tanning process if the customer is also consuming or using certain: (A) Foods. (B) Cosmetics. (C) Medications such as tranquilizers, antibiotics, diuretics, high blood pressure medication, antineoplastics or birth control pills. (e) Any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device. (2) In addition to giving customers the written statement required by subsection (1) of this section, the tanning facility shall post a warning sign in any area where a tanning device is used. The Oregon Health Authority shall adopt by rule the language for the warning sign. [Formerly 431.945]
The Oregon Health Authority may impose a civil penalty in an amount not to exceed $500 for a violation of ORS 453.726 to 453.734 or rules of the authority adopted pursuant to ORS 453.726 to 453.734. Civil penalties under this section shall be imposed in the manner provided by ORS 183.745. [Formerly 431.950]
Except as otherwise provided by law, all fees and other moneys received by the Oregon Health Authority pursuant to ORS 453.726 to 453.734 shall be paid into the State Treasury and placed to the credit of the Public Health Account and are continuously appropriated to the authority for the purposes of carrying out the provisions of ORS 453.726 to 453.734. If moneys received under ORS 453.726 to 453.734 are in excess of moneys required to administer the program authorized by ORS 453.726 to 453.734, the moneys may be used by the authority to meet expenses of other programs administered by the authority if an appropriate expenditure increase is approved by the Emergency Board. [Formerly 431.955]
(1)(a) Except as provided in paragraph (b) of this subsection, an entity doing business in this state as a tanning facility may not allow a person who is under 18 years of age to use a tanning device that is owned or operated by the entity. (b) An entity may allow a person who is under 18 years of age to use a tanning device that is owned or operated by the entity if: (A) The person or the parent or legal guardian of the person provides the entity with documentation that a physician licensed under ORS chapter 677 has recommended that the person use a tanning device for a medical purpose; and (B) The entity only allows the person to use a tanning device according to the terms of the physicians recommendation. (2) An entity doing business in this state as a tanning facility shall post in conspicuous view notice of the prohibition described in subsection (1) of this section. (3) The Oregon Health Authority shall adopt rules necessary to implement the provisions of this section. [2013 c.137 2]
Each provision of ORS 453.605 to 453.800 or rules pursuant thereto supersedes any inconsistent provision of any ordinance, resolution, regulation, rule or order of any county, city, other political subdivision or public corporation of this state. [1961 c.664 14; 1973 c.90 4]
(1) Subject to the approval of the Governor, to protect the public health and safety and to assist in the peaceful uses of radiation sources the Oregon Health Authority may cooperate with the federal government, other states or interstate agencies to perform functions, including inspection, that relate to control of radiation sources. (2) The authority may institute programs to qualify personnel to carry out the provisions of ORS 453.605 to 453.800 and may make those personnel available for participation with the federal government, other states or interstate agencies in any program in furtherance of the purposes of ORS 453.605 to 453.800. [1961 c.664 9; 2009 c.595 908]
[1975 c.241 3; 1987 c.158 85; renumbered 453.805 in 1995]
(1) An X-ray machine may not be operated unless the X-ray machine has a valid X-ray machine registration. (2) Prior to issuance of an X-ray machine registration to a hospital, the X-ray machine shall be approved by an X-ray machine inspector employed by the Oregon Health Authority or inspected by an accredited radiology inspector. The inspector shall also review procedures used during X-ray machine operation and the adequacy of the physical surroundings and equipment used in conjunction with operation of the X-ray machine. (3) Prior to issuance of an X-ray machine registration to a facility other than a hospital, the X-ray machine shall be approved by an X-ray machine inspector employed by the authority. (4) An accredited radiology inspector conducting a registration inspection on a hospital X-ray machine shall conduct information gathering tests in the manner required by the authority. The inspector shall make calculations in the manner prescribed by the authority and shall enter the results and such other information as the authority may require on a form provided by the authority. (5) The authority shall evaluate the test results submitted by an accredited radiology inspector and shall grant a hospital X-ray machine registration provided that all standards adopted by rule of the authority are met, a properly completed registration application has been submitted by the X-ray machine owner and all required fees have been paid. (6) When an X-ray machine is registered by the authority, the authority shall issue the X-ray machine owner a document, sticker, plate or other device selected by the authority to evidence registration of the X-ray machine. [1995 c.444 2; 2005 c.22 327; 2009 c.595 909]
(1) Each application for an X-ray machine registration shall be in writing and shall state such information as the Oregon Health Authority by regulation determines to be necessary. The application shall be accompanied by the registration fee due under ORS 453.757. (2) Not less than 90 nor more than 120 days prior to the expiration of an X-ray machine registration, the authority shall mail notice to the X-ray machine owner of the pending expiration of the registration. The notice shall inform the owner of the requirements for renewing the registration. [1995 c.444 4; 2009 c.595 910]
[1971 c.734 66; 1975 c.241 2; renumbered 453.807 in 1995]
(1) The Oregon Health Authority shall impose the following biennial registration fees for a registration issued under ORS 453.752: (a) For a dental, academic or veterinary X-ray tube, $210. (b) For an industrial or podiatry X-ray tube, $285. (c) For a hospital, radiological, chiropractic, osteopathic or medical X-ray tube, $427. (d) For a computed tomography X-ray tube, $600. (e) For a mammography X-ray tube, $800. (f) For a therapy or interventional X-ray tube, $1,000. (g) For a microwave oven repair facility, $140. (2) The authority shall impose an annual license fee for a specific license granted under ORS 453.665 that may not exceed $5,000 as determined by the authority by rule and approved by the Oregon Department of Administrative Services. (3) The fees described in subsections (1)(g) and (2) of this section are due and payable as prescribed by the authority by rule. (4) The authority shall impose a $264 fee for: (a) Initial accreditation as a radiology inspector; and (b) Biennially renewing accreditation as a radiology inspector. (5) All moneys received by the authority under subsections (1)(g) and (2) of this section shall be paid into the State Treasury, deposited in the General Fund to the credit of the Public Health Account, and used by the authority exclusively for the purposes of ORS 453.605 to 453.800. [Formerly 453.670; 2007 c.856 2; 2009 c.595 911; 2015 c.778 2; 2021 c.513 3] Note: 453.757 was added to and made a part of 453.605 to 453.800 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(1) An X-ray machine registration for a hospital radiological provider shall be valid for two years, expiring in the second year on the last day of the month of issuance. (2) An X-ray machine registration for a chiropractic, osteopathic or medical doctor office or clinic shall be valid for two years, expiring in the second year on the last day of the month of issuance. (3) An X-ray machine registration for a podiatry, dental or veterinary office or clinic or an academic or industrial facility shall be valid for two years, expiring in the second year on the last day of the month of issuance. (4) Notwithstanding subsection (1), (2) or (3) of this section, the Oregon Health Authority shall, at the request of the X-ray machine owner, adjust the registration expiration date of any X-ray machine to coincide with the registration expiration date of other X-ray machines registered to the machine owner. The authority shall prorate the registration fee accordingly. (5) If an X-ray machine or the physical surroundings or equipment associated with the operation of the X-ray machine does not comply with one or more standards adopted by rule of the authority, the authority may deny the registration or may grant a provisional registration permitting temporary operation pending compliance with authority standards. (6) The authority may require that X-ray machines having a valid registration be repaired, calibrated or modified or the physical surroundings or equipment used in conjunction with the operation of the registered X-ray machine be changed to comply with new standards adopted by rule of the authority provided that compliance prior to expiration of the registration is determined by the authority to be necessary to protect occupational and public health and safety. (7) The authority may deny, condition, suspend or revoke an X-ray machine registration if the authority reasonably believes that the X-ray machine or the physical surroundings or equipment used in conjunction with the operation of the X-ray machine presents a danger to the health or safety of the operator or the public. (8) An X-ray machine registration shall terminate if the X-ray machine is relocated for use in a physical surrounding other than the physical surrounding the X-ray machine occupied when inspected. [1995 c.444 3; 2007 c.856 3; 2009 c.595 912]
[Formerly 453.590; 1979 c.726 1; renumbered 469.533]
A person shall not knowingly: (1) Misrepresent a device evidencing X-ray machine registration as evidencing the registration of a different X-ray machine. (2) Alter, obscure, deface or remove a device evidencing registration of an X-ray machine registration. (3) Operate an X-ray machine not having a valid X-ray machine registration. [1995 c.444 5]
[Formerly 453.595; 1979 c.726 2; renumbered 469.536]
Upon a complaint by any person, the Oregon Health Authority may investigate any alleged act prohibited by ORS 453.766. If, after investigation by an authority-employed X-ray machine inspector, the authority has reason to believe a prohibited act has been committed, the authority may impose a civil penalty. Any person subject to a civil penalty under this section may request a hearing before the authority. The hearing shall be conducted in accordance with ORS 183.413 to 183.470. [1995 c.444 6; 2009 c.595 913]
The Oregon Health Authority shall: (1) Develop programs to evaluate hazards associated with the use of X-ray machines. (2) Promulgate standards and make reasonable regulations relating to the registration of X-ray machines, X-ray machine operation, physical surroundings and equipment related to the operation of X-ray machines, operator training and approved X-ray machine operating practices. (3) Collect and disseminate information relating to proper X-ray machine operation. (4) Provide technical assistance and safety information to X-ray machine users. [1995 c.444 7; 2009 c.595 914]
(1) All applicants for accreditation as radiology inspectors shall possess at a minimum one of the following combinations of education and experience: (a) One year of experience and one of the following: (A) Certification by the American Board of Radiology or the American Board of Health Physics; (B) A doctoral degree in a physical or biological science; or (C) A Doctor of Medicine degree or a degree recognized by the Oregon Health Authority as an equally qualified health professional degree. (b) Two years of experience and a masters degree in a physical or biological science. (c) Four years of experience and a bachelors degree in a physical or biological science. (d) Six years of experience and an associates degree in a physical or biological science. (2) Experience required of an applicant includes, but is not limited to, measuring ionizing radiation, evaluating radiation safety and documenting radiation protection needs. (3) In addition to meeting the education and experience requirements of this section, applicants shall be tested on knowledge of authority rules governing the X-ray machine inspection program, including but not limited to safety requirements and inspection procedures. Applicants shall also complete such additional written or practical testing as the authority may require. (4) A license shall not be issued to an applicant unless the applicant has paid all required fees. [1995 c.444 8; 2009 c.595 915]
(1) Accreditation as a radiology inspector shall be valid for two years and shall expire in the second year on the last day of the month of issuance unless renewed. (2) Accreditation may be renewed if the radiology inspector has complied with the continuing education requirements adopted by rule of the Oregon Health Authority and has paid the renewal fee. [1995 c.444 9; 2009 c.595 916]
The Oregon Health Authority may condition, suspend, revoke or refuse to renew accreditation of a radiology inspector for the following reasons: (1) Knowingly falsifying information included on the inspection report form supplied by the authority. (2) Substantially failing to comply with authority procedures. (3) Failing to meet authority accuracy requirements. (4) Such other grounds as the authority may establish by rule. [1995 c.444 10; 2009 c.595 917]
The Oregon Health Authority shall: (1) Develop testing, training and continuing education standards for accredited radiology inspectors. (2) Adopt rules for the proper inspection of X-ray machines for registration purposes and for regulating the professional activities of accredited radiology inspectors. (3) Develop and implement audit programs using authority-employed X-ray machine inspectors to monitor accredited radiology inspector results and to monitor changes in the performance of registered X-ray machines during the registration period. No charge shall be made to an X-ray machine owner for an audit. (4) Investigate and resolve complaints against accredited radiology inspectors and their employers. [1995 c.444 11; 2009 c.595 918]
(1) There is created in the General Fund of the State Treasury an X-ray Machine Inspection Account. Moneys credited to the account are continuously appropriated to the Oregon Health Authority for the carrying out of ORS 453.752 to 453.795. (2) All registration fees paid pursuant to ORS 453.757 (1) by owners of X-ray machines, all application or renewal fees paid by applicants for accreditation as radiology inspectors under ORS 453.757 (4) and all civil penalties collected under ORS 453.771 are credited to the X-ray Machine Inspection Account. [1995 c.444 14; 2009 c.595 919]
(1) Whenever it appears to the Director of the Oregon Health Authority that a radiation source is presenting an imminent and substantial endangerment to the health or safety of persons, the director may, without the necessity of prior administrative procedures or hearing, enter an order requiring the person or persons responsible for the radiation source to immediately take such action as is necessary to eliminate the endangerment. The director shall, if requested, provide a prompt hearing after such order, in accordance with ORS chapter 183, after which the order shall be continued, modified or revoked. (2) If any person fails to comply with an order issued pursuant to subsection (1) of this section, the circuit court for the county in which the radiation source is located shall compel compliance with the order in the same manner as with an order of that court. [Formerly 453.750; 2009 c.595 920]
(1) Where the Oregon Health Authority proposes to refuse to issue or renew a license, to modify, amend, revise, revoke or suspend a license or to determine compliance with or grant exemption from a regulation of the authority, opportunity for hearing shall be accorded as provided in ORS chapter 183. (2) Promulgation of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183. [Formerly 453.755; 2009 c.595 921]
(1) The Department of Transportation shall coordinate development of a single plan and procedure for the regulation of the transportation of hazardous material and waste and radioactive material and waste in Oregon. (2) In developing the plan under subsection (1) of this section, the Department of Transportation shall cooperate with the Department of the State Fire Marshal. (3) As used in this section, "hazardous waste" has the meaning given that term in ORS 466.005. [1985 c.696 1; 2005 c.825 15; 2021 c.539 118] Note: The name of the office of the State Fire Marshal is being changed to the Department of the State Fire Marshal. The name change becomes operative on July 1, 2023. See sections 89 and 155a, chapter 539, Oregon Laws 2021. Between July 1, 2022, and July 1, 2023, references to the Department of the State Fire Marshal shall be construed to mean the office of the State Fire Marshal in the Department of State Police. See section 155c, chapter 539, Oregon Laws 2021. Note: The amendments to 453.825 by section 118, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the users convenience. (1) The Department of Transportation shall coordinate development of a single plan and procedure for the regulation of the transportation of hazardous material and waste and radioactive material and waste in Oregon. (2) In developing the plan under subsection (1) of this section, the Department of Transportation shall cooperate with the office of the State Fire Marshal. (3) As used in this section, "hazardous waste" has the meaning given that term in ORS 466.005.
The Department of Transportation shall submit regular reports on progress made toward completion of the plans to a committee designated by the Speaker of the House and the President of the Senate. If no such committee is designated, the reports shall be submitted to the Emergency Board. [1985 c.696 3]
It is the purpose of ORS 105.555, 431.175 and 453.855 to 453.912 to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by law, whereby property which endangers the life, safety or welfare of the general public or occupants of property because of toxic chemical contamination that may result from illegal drug manufacturing may be required to be decontaminated, vacated and secured against use, or demolished. [1989 c.915 1]
As used in ORS 453.855 to 453.912: (1) "Illegal drug manufacturing site" means any property on which there is a reasonably clear possibility of contamination with chemicals associated with the manufacturing of controlled substances and: (a) Where activity involving the unauthorized manufacture of a controlled substance listed on Schedules I and II or any precursor chemical for such substances occurs; or (b) Wherein are kept, stored or located any of the devices, equipment, things or substances used for the unauthorized manufacture of a controlled substance listed on Schedules I and II. (2) "Property" means any: (a) Real property, improvements on real property or portions of the improvements; (b) Boat, trailer, motor vehicle or manufactured dwelling; or (c) Contents of the items listed in paragraph (a) or (b) of this subsection. [1989 c.915 2; 1999 c.861 1; 2017 c.21 63]
The provisions of ORS 105.555, 431.175 and 453.855 to 453.912 apply to any property that is known to have been used as an illegal drug manufacturing site or for which there are reasonable grounds to believe that the property has been used as an illegal drug manufacturing site. Nothing in ORS 105.555, 431.175 and 453.855 to 453.912 applies to property to the extent that the devices, equipment, things or substances that are used for delivery, manufacture or possession of a controlled substance are kept, stored or located in or on the property for the purpose of lawful sale or use of these items. [1989 c.915 3; 1999 c.861 4]
The Director of the Oregon Health Authority shall adopt rules to carry out ORS 105.555, 431.175 and 453.855 to 453.912. The rules shall be developed in consultation with: (1) The State Fire Marshal or designee; (2) The director of the Poison Control and Drug Information Program of the Oregon Health and Science University, or a designee thereof; (3) The Director of the Department of Environmental Quality, or a designee thereof; (4) The Director of the Department of Consumer and Business Services, or a designee thereof; (5) The Director of Transportation, or a designee thereof; and (6) Any other governmental agency determined appropriate by the Oregon Health Authority whose advice and information is necessary for the formulation of the rules authorized by this section. [1989 c.915 6; 2009 c.595 922]
(1) Unless determined fit for use, pursuant to ORS 105.555, 431.175 and 453.855 to 453.912 and rules of the Oregon Health Authority, or as authorized by ORS 453.870, no person shall transfer, sell, use or rent any property knowing or having reasonable grounds to believe it was used as an illegal drug manufacturing site. (2) All contracts, oral or written, for the transfer, sale, use or rent of property in violation of subsection (1) of this section are voidable between the parties, at the instance of the purchaser, transferee, user or renter. This subsection shall not make voidable any promissory note or other evidence of indebtedness or any mortgage, trust deed or other security interest securing such a promissory note or evidence of indebtedness, where such note or evidence and any such mortgage, trust deed or other security interest were given to a person other than the person transferring, selling, using or renting the property to induce such person to finance the transfer, sale, use or rental of the property. This section shall not impair obligations or duties required to be performed upon termination of a contract, as required by the provisions of the contract, including but not limited to payment of damages or return of refundable deposits. [1989 c.915 4; 2009 c.595 923]
(1) Any property that is not fit for use as determined under ORS 453.876 may be transferred or sold if full, written disclosure, as required by rules of the Oregon Health Authority, is made to the prospective purchaser, attached to the earnest money receipt, if any, and shall accompany but not be a part of the sale document nor be recorded. However, such property shall continue to be subject to the provisions of ORS 453.876, regardless of transfer or sale under this section. (2) Any transferee or purchaser who does not receive the notice described in subsection (1) of this section may set aside the transfer or sale as voidable and bring suit to recover damages for any losses incurred because of the failure to give such notice. (3) The transferor or seller of any property described in subsection (1) of this section shall notify the authority of the transfer or sale as required by rule of the authority. [1989 c.915 5; 2009 c.595 924]
For the purposes of enforcement of ORS 105.555, 431.175 and 453.855 to 453.912, the Director of the Oregon Health Authority or a designee thereof or the State Fire Marshal or a designee thereof, upon presenting appropriate credentials and a warrant, if necessary, issued under ORS 431.175 to the owner or agent of the owner, may: (1) Enter, at reasonable times, any property that is known to have been used as an illegal drug manufacturing site or for which there are reasonable grounds to believe that the property has been used as an illegal drug manufacturing site. (2) Inspect, at reasonable times, within reasonable limits and in a reasonable manner, property known to have been used as an illegal drug manufacturing site or for which there are reasonable grounds to believe the property has been used as an illegal drug manufacturing site. [1989 c.915 7; 1999 c.861 5; 2009 c.595 925]
(1) The Director of the Oregon Health Authority or a designee thereof, the State Fire Marshal or a designee thereof or any law enforcement agency may determine that property is not fit for use pursuant to ORS 105.555, 431.175 and 453.855 to 453.912 and applicable rules adopted by the Oregon Health Authority and may make that determination on site. The determination is effective immediately and renders the property not fit for use. (2) The owner may appeal the determination, to the agency that made the determination, within 30 working days after the determination, pursuant to rules of the agency, or to circuit court. (3) The appeal to the agency is not a contested case under ORS chapter 183. The question on appeal is limited to whether the site is an illegal drug manufacturing site. (4) If a determination that property is not fit for use is made under subsection (1) of this section, a local government or the state may provide notice that the real property has been determined to be an illegal drug manufacturing site and not fit for use to: (a) A person in each residence located within 300 feet of the real property if the real property is located within an urban growth boundary; or (b) A person in each residence located within one quarter mile of the real property if the real property is not located within an urban growth boundary. (5) The notice described in subsection (4) of this section shall be in writing and shall include: (a) The address of the real property that is determined to be not fit for use; (b) A statement that the determination is subject to appeal and that the real property may be determined to be fit for use if the appeal is successful or if the real property is certified as decontaminated; (c) The telephone number of the office of the Oregon Health Authority that is responsible for overseeing the decontamination of illegal drug manufacturing sites; and (d) The website for the Oregon Health Authority office responsible for overseeing the decontamination of illegal drug manufacturing sites that contains information on the dangers associated with real property that has been used as an illegal drug manufacturing site. [1989 c.915 9; 1999 c.861 2; 2003 c.559 1; 2009 c.595 926]
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, 431.175 and 453.855 to 453.912 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, 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]
The owner of property shall be considered to be maintaining a public nuisance subject to being enjoined or abated under ORS 105.550 to 105.600 if the property has been determined to be not fit for use under ORS 453.876 and the owner: (1) Allows the property to be used as if it were fit for use; or (2) Fails to have the property decontaminated and certified as fit for use under ORS 453.885 within 180 days after the determination under ORS 453.876. [1989 c.915 12; 1999 c.168 10; 2005 c.706 2]
(1) The owner of property determined to be not fit for use under ORS 105.555, 431.175 and 453.855 to 453.912 who desires to have the property certified as fit for use may use the services of a contractor licensed by the Oregon Health Authority to decontaminate the property or, upon approval by the authority, the owner, or an agent of the owner, may perform the decontamination work. The contractor, in coordination with the owner or agent of the owner, shall prepare and submit a written work plan for decontamination to the authority. If the work plan is approved and the decontamination work is completed according to the plan and is properly documented, the authority shall certify the property as having been decontaminated in compliance with rules of the authority. Upon the completion of the work plan, the authority shall require the licensed contractors affidavit of compliance with the approved work plan. (2) The property owner shall notify the Director of the Department of Consumer and Business Services of the certification. No person who is not licensed by the authority under ORS 105.555, 431.175 and 453.855 to 453.912 shall advertise to undertake or perform the work necessary to decontaminate property determined to be not fit for use under ORS 105.555, 431.175 and 453.855 to 453.912. (3) Upon receipt of the certificate and a request by the property owner to remove the property from the list, the Director of the Department of Consumer and Business Services shall cause the property to be removed from the list. [1989 c.915 11; 1999 c.861 3; 2009 c.595 928]
(1) Before incurring costs to decontaminate a property that is a nuisance described in ORS 105.555 (1)(c) or to have the property certified as fit for use under ORS 453.885, a county or other local government shall give notice to each owner of record for the property and to each person that has a mortgage, trust deed or other lien on the property recorded in the county deed records. A notice given by the county or local government to an owner or lienholder shall allow the owner or lienholder not less than 60 days to respond. (2) An owner or lienholder making a timely response to a notice given under subsection (1) of this section may propose a course of action by the owner or lienholder to decontaminate and obtain certification of the property within a reasonable time. If the owner or lienholder proposes a course of action that may be reasonably expected to achieve the decontamination and certification of the property, except as provided in this subsection the county or other local government shall suspend other efforts to decontaminate or obtain certification of the property. This subsection does not prevent the county or local government from securing the property by obtaining an injunction against use of the property. (3) If more than one owner or lienholder proposes a reasonable course of action for a property, the county or other local government may require that the owners and lienholders proposing courses of action work together to decontaminate and obtain certification of the property. The county or local government may require an owner or lienholder to periodically report to the county or local government regarding efforts to carry out a course of action. The county or local government may resume efforts to decontaminate and obtain certification of a property if the county or local government determines, after opportunity for a hearing, that an owner or lienholder has failed to diligently pursue the course of action proposed by the owner or lienholder and to complete the course of action within a reasonable time. (4) A lien under ORS 105.585 (2) for costs incurred by the county or local government in decontaminating and obtaining certification of the property is superior to, has priority over and shall be fully satisfied before all other liens, judgments, mortgages, security interests or encumbrances on the property other than tax liens, regardless of the date of creating, filing or recording of the lien, judgment, mortgage, security interest or encumbrance, if the county or other local government incurs the cost after giving notice to owners and lienholders under subsection (1) of this section and: (a) No owner or lienholder provided a response on or before the 60th day after the giving of the notice; or (b) An owner or lienholder for the property timely responded to the notice with a proposed course of action for decontaminating and obtaining certification of the property, but failed to complete the course of action within: (A) Eight months after the notice date; or (B) A date more than eight months after the notice date that was agreed to by the county or local government that gave the notice and the owner or lienholder that timely responded to the notice. [2007 c.673 1] Note: 453.886 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 453 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) The Oregon Health Authority by rule shall establish performance standards for contractors under ORS 105.555, 431.175 and 453.855 to 453.912. (2) The authority shall train and test, or may approve courses to train and test, contractors personnel on the essential elements in assessing premises used as an illegal drug manufacturing site to determine hazard reduction measures needed, techniques for adequately reducing contaminants, use of personal protective equipment and relevant federal regulations and state rules. (3) Upon the contractors supervisory personnels successful completion of the training and testing and the contractor having complied with the rules of the authority and having paid the required fee, the contractor shall be licensed. Licenses are renewable biennially, as determined by rule of the authority, upon supervisory personnels successful completion of any required refresher course. (4) The authority may deny, suspend or revoke the license of any contractor pursuant to ORS chapter 183 for: (a) Failing to: (A) Perform decontamination work under the supervision of trained personnel; (B) File a work plan; (C) Perform work pursuant to the plan; (D) Pay a civil penalty imposed under ORS 105.555, 431.175 and 453.855 to 453.912; or (E) Perform work that meets the requirements of ORS 453.903. (b) Committing fraud or misrepresentation in: (A) Applying for a license; (B) Seeking approval of a work plan; or (C) Documenting completion of the work to the authority. (5) The authority may impose a civil penalty not to exceed $500, in addition to or in lieu of license denial, suspension or revocation, pursuant to ORS chapter 183. [1989 c.915 13; 1991 c.67 126; 2009 c.595 929]
Between the dates of scheduled training for contractors under ORS 453.888, the Oregon Health Authority shall be available to consult with licensed contractors, as well as those planning to become licensed, on information pertinent to illegal drug manufacturing sites, including but not limited to chemicals found at such sites and their toxicity, new or revised decontamination procedures, personal protective equipment and applicable federal regulations and state rules. [1989 c.915 19; 2009 c.595 930]
(1) The Oregon Health Authority shall establish by rule a schedule of fees for at least the following: (a) Initial licenses and renewal under ORS 105.555, 431.175 and 453.855 to 453.912. (b) Training courses and examinations conducted by or on behalf of the authority. (c) Reexaminations for failing the initial examinations. (d) Review of work plans. (2) The fees established under subsection (1) of this section shall be based upon the costs of the authority in carrying out the provisions of ORS 105.555, 431.175 and 453.855 to 453.912. (3) If a license renewal application and fee is not received by the authority within 15 days after the expiration of the license, a penalty of $100 shall be added and collected. (4) The fees collected under this section shall be paid into the State Treasury and deposited in the General Fund to the credit of the Public Health Account. Such moneys are continuously appropriated to the Oregon Health Authority to pay the authoritys expenses in administering the provisions of ORS 105.555, 431.175 and 453.855 to 453.912. (5) Subject to prior approval by the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee, any fee or change shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. [1989 c.915 14; 1991 c.703 12; 1999 c.861 8; 2009 c.595 931]
The Oregon Health Authority shall provide lists of the names of contractors licensed under ORS 105.555, 431.175 and 453.855 to 453.912 to the Director of the Department of Consumer and Business Services who shall distribute the lists to local building code enforcement agencies. The local agencies shall make the list available on request and shall supply a copy to any property owner whose property is determined to be not fit for use under ORS 105.555, 431.175 and 453.855 to 453.912. [1989 c.915 15; 2009 c.595 932]
The Oregon Health Authority may contract with state or local agencies or private persons to perform any inspection or to obtain any samples relative to determining the adequacy of decontamination work. [1989 c.915 16; 2009 c.595 933]
The Oregon Health Authority shall evaluate annually a number of the property decontamination projects performed by licensed contractors to determine the adequacy of the decontamination work, using the services of an independent environmental contractor or state or local agency. If a project fails the evaluation and inspection, the contractor is subject to a civil penalty and license suspension that prohibits the contractor from performing additional work until deficiencies have been corrected on the project. Civil penalties under this section shall be imposed as provided in ORS 183.745. [1989 c.915 18; 1991 c.734 30; 2009 c.595 934]
The Director of the Department of Consumer and Business Services shall adopt rules fixing uniform standards whereby local building code enforcement agencies may require that property determined under ORS 105.555, 431.175 and 453.855 to 453.912 to be not fit for use may be subject to action to condemn or demolish the property or to require the property be vacated or contents be removed from the property. [1989 c.915 17]
Counties and cities by ordinance may prohibit use or occupancy of or provide for regulation of any property so long as such prohibition or regulation is consistent with ORS 105.555, 431.175 and 453.855 to 453.912 and rules of the Oregon Health Authority. [1989 c.915 20; 1999 c.861 6; 2009 c.595 935]
The state and any local government, their officers, agents and employees shall not be liable for loss or injury resulting from the presence of any chemical or controlled substance at a site used to manufacture illegal drugs or from actions taken to carry out the provisions of ORS 105.555, 431.175 and 453.855 to 453.912 except for liability for damages resulting from gross negligence or intentional misconduct by the state or local government. [1989 c.915 21]
(1) Any violation of ORS 453.175 or 453.185 or any rules of the State Board of Pharmacy thereunder is a Class C misdemeanor. (2) Violation of any of the provisions of ORS 453.005 to 453.135 is a Class B misdemeanor. A second and subsequent violation of any of the provisions of ORS 453.005 to 453.135 is a Class A misdemeanor. (3) Violation of any provision of ORS 453.605 to 453.800 is a Class A misdemeanor. (4) In addition to the provisions of ORS 453.882 regarding enjoinder and abatement, a person who knowingly uses property that has been determined to be not fit for use pursuant to ORS 105.555, 431.175 and 453.855 to 453.912 as if it were fit for use commits a Class B misdemeanor. (5) Violation of ORS 453.885 (2) is a Class B misdemeanor. [Subsection (10) enacted as 1961 c.664 15; 1969 c.631 15; subsection (6) enacted as 1971 c.409 15; 1977 c.582 52; subsection (4) enacted as 1989 c.915 22; 1997 c.769 2]
[1971 c.609 27; renumbered 469.992]
(1) In addition to any other liability or penalty provided by law, the Oregon Health Authority may impose a civil penalty on a person for violation of: (a) ORS 453.885; or (b) ORS 453.005 to 453.135 or rules adopted under ORS 453.005 to 453.135 by the authority. (2) A civil penalty imposed under this section may not exceed $2,000. (3) ORS 183.745 applies to civil penalties imposed under this section. [1999 c.861 7; 2005 c.496 5; 2009 c.595 936] Note: 453.995 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 453 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
As used in ORS 454.010 to 454.040, unless the context requires otherwise: (1) "Construction" means any one or more of the following: Preliminary planning to determine the feasibility of treatment works, engineering, architectural, legal, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other necessary actions, erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works, or the inspection or supervision of any of the foregoing items. (2) "Industrial user" means a recipient of treatment works services for any liquid, gaseous, radioactive or solid waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources. (3) "Municipality" means any county, city, special service district or other governmental entity having authority to dispose of or treat or collect sewage, industrial wastes or other wastes, or any combination of two or more of the foregoing acting jointly. (4) "Replacement" means those expenditures for obtaining and installing equipment, accessories, or appurtenances during the useful life of the treatment works necessary to maintain the capacity and performance for which such works are designed and constructed. (5)(a) "Treatment works" means any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes, of a liquid nature, necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of residues resulting from such treatment. (b) In addition to the definition contained in paragraph (a) of this subsection, "treatment works" means any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems. [1973 c.101 2]
The Environmental Quality Commission may require each user of the treatment works of a municipality to comply with the toxic and pretreatment effluent standards and inspection, monitoring and entry requirements of the Federal Water Pollution Control Act, as enacted by Congress, October 18, 1972, and acts amendatory thereof or supplementary thereto, and federal regulations and guidelines issued pursuant thereto. The commission may institute actions or proceedings for legal or equitable remedies to enforce such compliance. [1973 c.101 5; 1979 c.284 146]
After January 1, 1991, no point source sewage treatment discharge shall be sited or constructed in the area generally defined as the Abernethy Creek Basin in Clackamas County. [1991 c.849 2]
(1) A municipality is authorized to adopt a system of charges and rates to assure that each recipient of treatment works services within the municipalitys jurisdiction or service area will pay its proportionate share of the costs of operation, maintenance and replacement of any treatment works facilities or services provided by the municipality. (2) A municipality is authorized to require industrial users of its treatment works to pay to the municipality that portion of the cost of construction of the treatment works which is allocable to the treatment of such industrial users wastes. The Department of Environmental Quality is authorized to determine whether the payment required of the industrial user for the portion of the cost of the construction of the treatment works is properly allocable to the treatment of the industrial users wastes. (3) A municipality is authorized to retain the amounts of the revenues derived from the payment of costs by industrial users of its treatment works services and expend such revenues, together with interest thereon, for: (a) Repayment to applicable agencies of government of any grants or loans made to the municipality for construction of the treatment works; and (b) Future expansion and reconstruction of the treatment works; and (c) Other municipal purposes. (4) A municipality shall keep records, financial statements and books regarding its rates and charges and amounts collected on account of its treatment works and how such revenues are allocated. The Department of Environmental Quality may inspect such records, financial statements and books, audit them, or cause them to be audited, at such intervals as deemed necessary. (5) In the event a municipality fails, neglects or refuses when required by the Environmental Quality Commission to adopt the system of charges and rates authorized by this section, or fails, neglects or refuses to comply with ORS 454.010 to 454.060, the commission may adopt a system of charges and rates as provided for in subsection (1) of this section and collect, administer and apply such revenues for the purposes of subsection (3) of this section. (6) In lieu of proceeding in the manner set forth in subsection (5) of this section, the commission may institute actions or proceedings for legal or equitable remedies to enforce compliance with, or restrain violations of, ORS 454.010 to 454.060. [1973 c.101 3; 1979 c.284 147]
In determining the amount of treatment works costs to be paid by recipients of treatment works services, the municipality or, if applicable, the Environmental Quality Commission shall consider the strength, volume, types and delivery flow rate characteristics of the waste; the nature, location and type of treatment works; the receiving waters; and such other factors as deemed necessary. [1973 c.101 4]
The Environmental Quality Commission may adopt, modify or repeal rules, pursuant to ORS chapter 183, for the administration and implementation of ORS 454.010 to 454.060. [1973 c.101 6]
The powers and authority granted to a municipality or the Environmental Quality Commission by ORS 454.010 to 454.050 are in addition to, and not in lieu of, or derogation of any other powers and authority vested in a municipality or the commission pursuant to law. [1973 c.101 7]
As used in ORS 454.105 to 454.175, unless the context requires otherwise: (1) "Disposal system" means that term as defined in ORS 468B.005. (2) "Municipality" means a city, county, county service district, sanitary authority or sanitary district. [Formerly 449.405]
(1) In order to facilitate the abatement, elimination or control of the pollution of waters and streams, any municipality may: (a) Construct, reconstruct, improve, extend, repair, equip or acquire disposal systems, within or without the municipality. (b) Accept grants or loans or other aid from the United States or any other source. (c) Enter into all necessary agreements. (d) Issue revenue bonds of the municipality without limitation as to amount. (2) The powers conferred by ORS 454.105 to 454.175 are in addition to and supplemental to the powers conferred by any other law and not in substitution for any right, powers or privileges vested in a municipality. [Formerly 449.410]
Before any bonds may be issued under ORS 454.115, their issuance must first be approved by a majority of the electors voting on the proposition at either a general election or at a special election, to be called, held and conducted in the same manner as special elections on the proposition of issuing general obligation bonds. [Formerly 449.415]
(1) The bonds issued under ORS 454.115 shall be payable from that portion of the earnings of the disposal system of the municipality which is pledged to their payment, and they shall have a lien of such priority on the earnings as is specified in the proceedings providing for their issuance. (2) The governing body may provide that the bonds, or such ones thereof as may be specified, shall, to the extent and in the manner prescribed, be subordinated and be junior in standing, with respect to their payment of principal, interest and security, to such other bonds of the municipality as are designated. (3) The bonds shall bear such date, may be issued in such amounts, may be in such denominations, may mature in such amounts and at such time, shall be payable at such place, may be redeemable, either with or without premium, or nonredeemable, may carry such registration privileges, and may be executed by such officers and in such manner as is prescribed by the governing body. (4) In case any of the officers whose signatures appear on the bonds or coupons cease to be officers before delivery of the bonds, the signatures, whether manual or facsimile shall, nevertheless, be valid and sufficient for all purposes, the same as if such officers had remained in office until delivery. (5) The bonds so issued shall bear interest at a rate to be fixed by the governing body payable at times to be fixed by the governing body. (6) The bonds shall be sold at public sale. However, they may be sold at private sale to the United States or to the State of Oregon or any of their agencies or instrumentalities. [Formerly 449.420; 1981 c.94 41]
Bonds issued under ORS 454.115 or the proceedings of the governing body authorizing their issuance may contain such covenants as the governing body considers advisable concerning: (1) Rates or fees to be charged for services rendered by the disposal system, the revenue of which is pledged to the payment of such bonds. (2) Deposit and use of the revenue of such disposal system. (3) Issuance of additional bonds payable from the revenue of such disposal system. (4) Rights of the bondholders in case of default in the payment of the principal of or interest on the bonds, including the appointment of a receiver to operate such disposal system. [Formerly 449.425]
(1) The governing body of every municipality by ordinance or resolution without prior approval of the electors may issue and exchange or sell refunding revenue bonds to refund, pay or discharge all or any part of its outstanding revenue bonds, including interest thereon, if any, in arrears or about to become due. (2) All other relevant provisions in ORS 454.105 to 454.175 pertaining to revenue bonds shall be applicable to the refunding revenue bonds, including their terms and security, the rates and other aspects of the bonds. [Formerly 449.430]
(1) Any two, or more, municipalities, counties or other political subdivisions, notwithstanding any limitation or provision of municipal charter to the contrary, may, through their respective governing bodies, enter into and perform such contracts and agreements as they consider proper for or concerning the planning, construction, lease or other acquisition and the financing of the disposal system and the maintenance and operation thereof. (2) Municipalities, counties or other political subdivisions so contracting with each other may also provide in any contract or agreement for a board, commission or such other body as their governing bodies consider proper for the supervision and general management of the disposal system and for the operation thereof, and may prescribe its powers and duties and fix the compensation of the members thereof. [Formerly 449.435]
When determined by its governing body to be in the public interest and necessary for the protection of the public health, any municipality may enter into and perform contracts, whether long-term or short-term, with any industrial establishment for the provision and operation by the municipality of the disposal system to abate or reduce the pollution of waters caused by discharges of industrial wastes by the industrial establishment and the payment periodically by the industrial establishment to the municipality of amounts at least sufficient, in the determination of such governing body, to compensate the municipality for the cost of providing, including payment of principal and interest charges, and of operating and maintaining the disposal system serving such industrial establishment. [Formerly 449.440]
As used in ORS 454.205 to 454.255, "municipality" includes an incorporated city, a metropolitan service district, a sanitary district, a sanitary authority, a county service district, or any other special district authorized to treat and dispose of sewage. [1973 c.213 2]
(1) Any municipality may own, acquire, construct, equip, operate and maintain, either within or without its statutory or corporate limits, in whole or in part, disposal systems with all appurtenances necessary, useful or convenient for the collection, treatment and disposal of sewage. The municipality may acquire by gift, grant, purchase or condemnation necessary lands and rights of way therefor, either within or without its statutory or corporate limits. For the purpose of acquiring property for such uses, the municipality may invoke and shall have the rights, powers and privileges granted to public corporations under the provisions of existing or future laws pertaining to this subject. (2) The authority given by ORS 454.205 to 454.255 shall be in addition to, and not in derogation of any power existing in the municipality under any constitutional, statutory or charter provisions now or hereafter existing. [1973 c.213 3]
The governing body of the municipality may establish just and equitable rates or charges to be paid for the use of the disposal system by each person, firm or corporation whose premises are served thereby, or upon subsequent service thereto. If the service charges so established are not paid when due, the amounts thereof, together with such penalties, interests and costs as may be provided by the governing body of the municipality may be recovered in an action at law, or if the municipality does not have the ability to collect sewerage disposal charges in connection with or as part of the charge for another service or utility that can be curtailed to secure collection, the charge may be certified and presented after July 15 and on or before the following July 15 to the tax assessor of the county in which the municipality is situated and be by the assessor assessed against the premises serviced on the next assessment and tax roll prepared after July 15. Once the service charges are certified and presented to the assessor, the payment for the service charges must be made to the tax collector pursuant to ORS 311.370. Such payment shall be made by the person responsible for the delinquent service charge or by the municipality who has received payment for the delinquent service charge. These charges shall thereupon be collected and paid over in the same manner as other taxes are certified, assessed, collected and paid over. [1973 c.213 4; 1979 c.350 19; 1991 c.459 409; 1995 c.79 228]
(1) The governing body of the municipality, by proposed charter amendment or ordinance, may refer the question of acquiring and constructing a disposal or water system, as defined in ORS 448.115, to a vote of its electors, and after approval thereof by a majority of such electors, may authorize the issuance of and cause to be issued bonds of the municipality for such purposes. The bonds may be general obligation, limited obligation or self-liquidating in character in a sum not more than the amount authorized at such election and shall be subject to ORS 454.205 to 454.255. The bonds may provide for payment of principal and interest thereon from service charges to be imposed by the governing body for services to be extended through employment and use of the disposal or water system. If service charges are imposed to be paid as provided in ORS 454.225, such portion thereof as may be deemed sufficient shall be set aside as a sinking fund for payment of interest on the bond and the principal thereof at maturity. (2)(a) When the Environmental Quality Commission or the Oregon Health Authority enters an order pursuant to ORS chapter 183 that requires the acquisition or construction of a disposal system or a water system in a municipality, respectively, the governing body of the municipality shall refer to its electors the question of a bond issue in an amount sufficient to finance the necessary acquisition or construction of such disposal or water system. The election shall be held within one year of the date the order of the commission or authority is entered. (b) If, within eight months after the order of the commission or authority, the governing body of the municipality has not called an election in compliance with paragraph (a) of this subsection, the commission or authority, whichever is appropriate, may apply to the circuit court of the county in which the municipality is located, or to the Circuit Court of Marion County for an order compelling the holding of an election. (c) If the electors do not approve the disposal system bond issue, submitted pursuant to paragraph (a) or (b) of this subsection, the commission may apply to the circuit court of the county in which the municipality is located or to the Circuit Court of Marion County for an order directing that self-liquidating bonds of the municipality be issued and sold pursuant to ORS 454.205 to 454.255, and directing that the proceeds be applied to the acquisition or construction of a disposal system required to comply with the final order of the commission. If the court finds that the disposal system required by the final order of the commission is necessary under the rules or standards of the commission, it shall issue an order directing that such bonds be issued and sold without elector approval in such an amount as the court finds necessary to acquire or construct such disposal system, and that the proceeds be applied for such purposes. (d) Any court proceeding authorized by paragraphs (b) and (c) of this subsection shall be advanced on the court docket for immediate hearing. [1973 c.213 5; 1981 c.749 22; 2009 c.595 937]
(1) The governing body of the municipality may determine the maturities and tenor of the bonds issued under ORS 454.235. However, the bonds shall be serial in character in accordance with present or future provisions of law or the charter. They shall be payable in not to exceed 40 years from the date of issuance thereof, and shall be sold at a price to net the municipality not less than the par value thereof with accrued interest. They shall bear interest at not to exceed six percent per annum payable semiannually. (2) The amount of any bonds issued under ORS 454.205 to 454.255 shall not be within any limitation of indebtedness fixed by law or charter, but shall be in addition thereto. [1973 c.213 6,7]
Before calling any election under ORS 454.235, the governing body of the municipality shall cause to be prepared plans, specifications and estimates of costs of any proposed disposal or water system, as defined in ORS 448.115, to be voted upon, which may be examined by any elector of the municipality. [1973 c.213 8; 1981 c.749 23]
As used in ORS 454.275 to 454.380: (1) "Affected area" means an area subject to an order of the commission issued under ORS 454.305. (2) "Commission" means the Environmental Quality Commission. (3) "Governing body" means a board of commissioners, county court or other managing board of a municipality. (4) "Municipality" means a city, county, county service district, sanitary district, metropolitan service district or other special district authorized to treat or dispose of sewage in any county with a population exceeding 400,000 according to the latest federal decennial census. (5) "Subsurface sewage disposal system" has the meaning given that term in ORS 454.605. (6) "Threat to drinking water" means the existence in any area of any three of the following conditions: (a) More than 50 percent of the affected area consists of rapidly draining soils; (b) The ground water underlying the affected area is used or can be used for drinking water; (c) More than 50 percent of the sewage in the affected area is discharged into cesspools, septic tanks or seepage pits and the sewage contains biological, chemical, physical or radiological agents that can make water unfit for human consumption; or (d) Analysis of samples of ground water from wells producing water that may be used for human consumption in the affected area contains levels of one or more biological, chemical, physical or radiological contaminants which, if allowed to increase at historical rates, would produce a risk to human health as determined by the local health officer. Such contaminant levels must be in excess of 50 percent of the maximum allowable limits set in accordance with the Federal Safe Drinking Water Act. (7) "Treatment works" has the meaning given that term in ORS 454.010. [1981 c.358 1; 1983 c.235 7; 1987 c.627 8]
Notwithstanding the provisions of ORS chapters 450, 451 and 454, or any city or county charter, treatment works may be constructed by a municipality and financed by the sale of general obligation bonds, revenue bonds or assessments against the benefited property without a vote in the affected area or municipality or without being subject to a remonstration procedure, when the findings and order are filed in accordance with ORS 454.310. The provisions of ORS 223.205 to 223.316 and 223.770 shall apply in so far as practicable to any assessment established as a result of proceedings under ORS 454.275 to 454.380. [1981 c.358 2; 1995 c.333 18; 1997 c.249 153]
(1) The governing body may adopt by resolution or ordinance a proposal to construct sewage treatment works and to finance the construction by revenue bonds, general obligation bonds or by assessment against the benefited property. (2) The resolution or ordinance shall: (a) Describe the boundaries of the affected area which must be located within a single drainage basin as identified in regional treatment works plans; and (b) Contain findings that there is a threat to drinking water. (3) The proposal must be approved by a majority vote of the governing body and does not require the approval of the residents or landowners in the affected area or municipality. (4) The governing body shall forward a certified copy of the resolution or ordinance to the Environmental Quality Commission. Preliminary plans and specifications for the proposed treatment works shall be submitted to the commission with the resolution or ordinance. [1981 c.358 3; 1983 c.235 8]
(1) The governing body shall order a study and the preparation of preliminary plans and specifications for the treatment works. (2) The study shall include: (a) Engineering plans demonstrating the feasibility of the treatment works and conformance of the plan with regional treatment works plans. (b) Possible methods for financing the treatment works. (c) The effect of the treatment works on property in the affected area. [1981 c.358 4]
(1) After receiving a certified copy of a resolution or ordinance adopted under ORS 454.285, the Environmental Quality Commission shall review and investigate conditions in the affected area. If substantial evidence reveals the existence of a threat to drinking water, the commission shall set a time and place for a hearing on the resolution or ordinance. The hearing shall be held within or near the affected area. The hearing shall be held not less than 50 days after the commission completes its investigation. (2) The commission shall give notice of the time and place of the hearing on the resolution or ordinance by publishing the notice of adoption of the resolution or ordinance in a newspaper of general circulation within the affected area once each week for two successive weeks beginning not less than four weeks before the date of the hearing and by such other means as the commission deems appropriate in order to give actual notice of the hearing. [1981 c.358 5]
(1) At the hearing on the resolution or ordinance, any interested person shall have a reasonable opportunity to be heard or to present written testimony. The hearing shall be for the purpose of determining whether a threat to drinking water exists in the affected area, whether the conditions could be eliminated or alleviated by treatment works and whether the proposed treatment works are the most economical method to alleviate the conditions. The hearing may be conducted by the Environmental Quality Commission or by a hearings officer designated by the commission. After the hearing the commission shall publish a notice of issuance of its findings and recommendations in the newspaper used for the notice of hearing under ORS 454.295 (2), advising of the opportunity for argument under subsection (2) of this section. (2) Within 15 days after the publication of notice of issuance of findings any person or municipality that will be affected by the findings may petition the commission to present written or oral arguments on the proposal. If a petition is received, the commission shall set a time and place for argument. [1981 c.358 6]
(1) If the Environmental Quality Commission finds a threat to drinking water does exist but treatment works would not alleviate the conditions, the commission shall terminate the proceedings. (2) If the commission finds a threat to drinking water exists within the territory and the conditions could be removed or alleviated by the construction of treatment works, the commission shall order the governing body to proceed with construction of the treatment works. (3) If the commission finds that a threat to drinking water exists in only part of the affected area or that treatment works would remove or alleviate the conditions in only part of the affected area, the commission may reduce the affected area to the size in which the threat to drinking water could be removed or alleviated. The findings shall describe the boundaries of the affected area as reduced by the commission. (4) In determining whether to exclude any area, the commission must consider whether or not exclusion would unduly interfere with the removal or alleviation of the threat to drinking water and whether the exclusion would result in an illogical boundary for the provision of services. (5) If the commission determines that a threat to drinking water exists but that the proposed treatment works are not the most economical method of removing or alleviating the conditions, the commission may issue an order terminating the proceedings under ORS 454.275 to 454.380, or referring the resolution or ordinance to the municipality to prepare alternative plans, specifications and financing methods. (6) At the request of the commission the municipality or a boundary commission shall aid in determining the findings made under subsections (3) and (4) of this section. (7) The commission shall file its findings and order with the governing body of the municipality. [1981 c.358 7]
(1) When a certified copy of the findings and order approving the proposal is filed with the governing body, the governing body shall order construction of the treatment works and proceed with the financing plan as specified in the order. As part of the construction of the treatment works, the governing body may require property owners in the affected area to connect to the treatment works. The governing body shall establish by ordinance the method the governing body will use to enforce a mandatory connection requirement. (2) Within 12 months after receiving the Environmental Quality Commissions order the municipality shall prepare final plans and specifications for the treatment works and proceed in accordance with the time schedule to construct the facility. [1981 c.358 8; 1989 c.559 1]
(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, 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, 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]
(1) The governing body shall give notice of the time and place of the hearing on the resolution or ordinance by publishing the notice of the intent to adopt the resolution or ordinance in a newspaper of general circulation within the affected area once each week for four successive weeks and by such other means as the governing body deems appropriate in order to give actual notice of the hearing. The hearing shall be held within or near the affected area described in the resolution or ordinance. At the hearing on the resolution or ordinance, any interested person shall have a reasonable opportunity to be heard or to present written testimony. The hearing shall be for the purpose of determining whether a seepage charge should be levied and collected. (2) After the hearing held under this section, the governing body shall publish a notice of the levy of the seepage charge and thereafter proceed to levy and collect the seepage charge in such amount as in the discretion of the governing body will provide revenues for the payment of the principal and interest, in whole or in part, due on general obligation bonds or on revenue bonds issued by the governing body to construct the treatment works or to provide capital funds for the construction of treatment works. [1983 c.235 3]
(1) The county in which a municipality is levying a seepage charge under ORS 454.317 to 454.350 shall collect the seepage charge for the municipality. (2) The county shall establish a separate account for each ordinance or resolution adopted by a municipality and imposing a seepage charge within the county. The seepage charges collected under an ordinance or resolution shall be credited only to the account established for that ordinance or resolution. (3) Moneys in an account established under this section shall be disbursed only to the municipality for which the account was established. (4) In order to receive funds under this section, a municipality must notify the county that the Environmental Quality Commission has ordered the governing body to proceed with construction of treatment works as provided in ORS 454.305 (2). Upon such notification, the county shall release funds from the appropriate account to the municipality. [1983 c.235 4]
(1) All seepage charges levied and collected by the governing body shall be used for the construction of treatment works. (2) System development charges for the installation or replacement of cesspools or septic tanks shall not be imposed by a municipality in any area in which seepage charges are imposed and collected under ORS 454.317 to 454.350. If an owner of real property against which seepage charges are imposed has already paid a system development charge for the installation or replacement of cesspools or septic tanks for that real property, the owner shall be allowed a credit against the seepage charge otherwise payable in an amount equal to the system development charge. (3) When a user fee for the use of treatment works is imposed upon real property, all seepage charges levied against that real property shall cease. (4) The governing body shall, by ordinance, allocate all of the seepage charges collected under ORS 454.317 to 454.350 for the purpose of allowing owners of real properties against which the seepage charges are imposed a credit against the future connection charges or system development charges otherwise due when those real properties are connected to treatment works. (5) If the municipality levying the seepage charges is not the municipality imposing the connection charges or system development charges imposed at the time of connection to the treatment works, then the municipality levying the seepage charges shall transfer those seepage charges it has collected to the municipality imposing the connection charges or system development charges imposed at the time of connection to the treatment works. [1983 c.235 6; 1985 c.680 1]
Nothing in ORS 454.317 to 454.350 prohibits contracts between municipalities under which a municipality may provide treatment facilities or services to another municipality. [1983 c.235 5]
The Areawide 208 Plan, adopted pursuant to the Federal Water Pollution Control Act of 1972, P.L. 92-500, as amended, and any sewer implementation plan approved by the Environmental Quality Commission under ORS 454.275 to 454.380 shall be the governing master plan for the provision of sewage collection, treatment and disposal services by municipalities in an affected area. Any substantial amendment to such plan shall be submitted to and approved by the commission before taking effect. [1987 c.627 2]
(1) Any municipality providing sewage collection, treatment and disposal services within an affected area shall approve and adopt a safety net program designed to provide financial relief to eligible property owners who would experience extreme financial hardship if required to pay costs associated with the construction of and connection to treatment works. (2) A safety net program adopted under subsection (1) of this section: (a) May include funds provided pursuant to ORS 454.430 to 454.445 and 468.220. (b) May include, at the option of a municipality, funds contributed by the municipality. However, a municipality shall not be required to contribute such additional funds. [1987 c.627 3]
(1) Each municipality providing sewage collection, treatment and disposal services within an affected area shall, after consultation with elected officials of the affected area, establish a citizens sewer advisory committee composed of persons directly affected by the order issued under ORS 454.305. The committee shall advise the Environmental Quality Commission and the governing body of the municipality on matters relating to the implementation of the commissions order. (2) The members of each citizens sewer advisory committee shall represent a cross section of businesses, homeowners and renters in the affected area and others affected by the order. At least two-thirds of the members shall reside or do business within the affected area. At least one-third of the members shall be persons eligible for financial relief under the safety net plan provided for in ORS 454.365 or persons who are members of or represent organizations that serve or represent individuals with low incomes or who are otherwise eligible for financial relief under the safety net plan. (3) The citizens sewer advisory committee shall provide the commission and the governing body of the municipality with a copy of its minutes and recommendations. The municipality shall respond to any recommendation made by the advisory committee. (4) Members of the citizens sewer advisory committees shall serve without compensation. (5) The citizens sewer advisory committees within the affected area may meet jointly as necessary to carry out their responsibilities. [1987 c.627 4; 1991 c.174 1]
(1) Before any property owner is required to pay for construction of or connection to treatment works constructed pursuant to ORS 454.275 to 454.380, the local governing body shall file with the Environmental Quality Commission documentation that connection charges and user charges levied for sewer service are based upon the cost of providing sewer service, according to reasonable cost-of-service sewer utility ratemaking principles. The existence of a city boundary shall not be used as a basis for imposing a sewer user rate or connection fee differential unless there are documented cost causative factors to justify the differential. (2) Any assessment imposed by a local improvement district for the construction of treatment works pursuant to an order of the commission under ORS 454.305 shall not include costs incurred before September 27, 1987, that are associated with responding to litigation to amend or reverse the order or with development of the plan for constructing treatment works prepared pursuant to ORS 454.290. [1987 c.627 5,6]
(1) Not more than 20 percent of an assessment imposed by a municipality through a local improvement district for the construction of treatment works in an affected area pursuant to an order of the Environmental Quality Commission under ORS 454.305 shall be used to pay for nonconstruction items. (2) As used in subsection (1) of this section, "nonconstruction items" includes engineering work, administrative expenses and legal fees. (3) If a municipality submits the final local improvement district report to the citizens sewer advisory committee before final action of the governing body on the final local improvement district report, the limitation contained in subsection (1) of this section shall not apply. If the committee requests further documentation and explanation regarding the report, the municipality shall provide such information. Any findings of the committee following this review shall be reported to the commission and to the governing body of the municipality, along with any recommendations the committee may offer. [1987 c.627 7]
[Formerly 449.395; 1975 c.248 2; renumbered 468.742 and then 468B.055]
As used in ORS 454.430 to 454.445: (1) "Assessment" includes all costs, fees or other charges for the construction of or connection to sewage treatment works that are eligible for installment payments under ORS 223.205 to 223.775. (2) "Commission" means the Environmental Quality Commission. (3) "Department" means the Department of Environmental Quality. (4) "Extreme financial hardship" has the meaning given within the assessment deferral programs adopted by public agencies and approved by the Department of Environmental Quality. (5) "Public agency" means any state agency, incorporated city, county, sanitary authority, county service district, sanitary district, metropolitan service district or other special district authorized to construct water pollution control facilities. (6) "Treatment works" means a sewage collection system. [Formerly 468.970] Note: 454.430 to 454.445 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 454 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
It is declared to be the policy of this state: (1) To provide assistance to property owners who will experience extreme financial hardship resulting from payment of assessed costs for the construction of treatment works required by a federal grant agreement or an order issued by a state commission or agency. (2) To provide assistance through an interest loan program to defer all or part of property assessments. (3) To capitalize an assessment deferral loan program with moneys available in the Pollution Control Fund, available federal funds or available local funds. [Formerly 468.973] Note: See note under 454.430.
(1) There is established the Assessment Deferral Loan Program Revolving Fund separate and distinct from the General Fund in the State Treasury. The moneys in the Assessment Deferral Loan Program Revolving Fund are appropriated continuously to the Department of Environmental Quality to be used for the purposes described in ORS 454.439. (2) The Assessment Deferral Loan Program Revolving Fund may be capitalized from any one or a combination of the following sources of funds in an amount sufficient to fund assessment deferral loan programs provided for in ORS 454.439: (a) From the Water Pollution Control Revolving Fund. (b) From capitalization grants or loans from the Pollution Control Fund. (3) In addition to those funds used to capitalize the Assessment Deferral Loan Program Revolving Fund, the fund shall consist of: (a) Any other revenues derived from gifts, grants or bequests pledged to the state for the purpose of providing financial assistance to water pollution control projects; (b) All repayments of money borrowed from the fund; (c) All interest payments made by borrowers from the fund; (d) Any other fee or charge levied in conjunction with administration of the fund; and (e) Any available local funds. (4) The State Treasurer may invest and reinvest moneys in the Assessment Deferral Loan Program Revolving Fund in the manner provided by law. All earnings from such investment and reinvestment shall be credited to the Assessment Deferral Loan Program Revolving Fund. [Formerly 468.975] Note: See note under 454.430.
(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.
Any public agency desiring funding of its assessment deferral loan program from the Assessment Deferral Loan Program Revolving Fund may borrow from the Assessment Deferral Loan Program Revolving Fund in accordance with the procedures contained in ORS 454.430 to 454.445 and 468.220. The public agency shall submit an application to the Department of Environmental Quality on a form provided by the department. After final approval of the application, the department shall offer the public agency funds from the Assessment Deferral Loan Program Revolving Fund through a loan agreement with terms and conditions that: (1) Require the public agency to repay the loan with interest according to a repayment schedule corresponding to provisions governing repayment of deferred assessments by property owners as defined in the public agencys adopted assessment deferral loan program; (2) Require the public agency to secure the loan with an assessment deferral loan program financing lien as described in ORS 454.445; and (3) Limit the funds of the public agency that are obligated to repay the loan to proceeds from repayment of deferred assessments by property owners participating in the assessment deferral loan program adopted by the public agency. [Formerly 468.980] Note: See note under 454.430.
(1) Any public agency that pays all or part of a property owners assessment pursuant to the public agencys adopted assessment deferral loan program shall have a lien against the assessed property for the amount of the public agencys payment and interest thereon as specified in the public agencys assessment deferral loan program. (2) The public agencys auditor, clerk or other officer shall maintain a docket describing all payments of assessments made by the public agency pursuant to its adopted assessment deferral loan program. The liens created by such payments shall attach to each property for which payment is made at the time the payment is entered in this docket. The liens recorded on this docket shall have the same priority as a lien on the bond lien docket maintained pursuant to ORS 223.230. A lien shall be discharged upon repayment to the public agency of all outstanding principal and interest in accordance with the requirements of the public agencys adopted assessment deferral loan program. (3) The lien may be enforced by the public agency as provided by ORS 223.505 to 223.650. The lien shall be delinquent if not paid according to the requirements of the public agencys adopted assessment deferral loan program. [Formerly 468.983] Note: See note under 454.430.
As used in ORS 454.505 to 454.535, unless the context requires otherwise: (1) "Construction" means the erection, building, acquisition, alteration, reconstruction, improvement or extension of sewage treatment works, preliminary planning to determine the economic and engineering feasibility of sewage treatment works, the engineering, architectural, legal, fiscal and economic investigations, reports and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of sewage treatment works, and the inspection and supervision of the construction of sewage treatment works. (2) "Eligible project" means a project for construction of sewage treatment works: (a) For which the approval of the Department of Environmental Quality is required under ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B; (b) Which is, in the judgment of the Environmental Quality Commission eligible for federal pollution abatement assistance, whether or not federal funds are then available therefor; (c) Which conforms with applicable rules of the commission; and (d) Which is, in the judgment of the commission, necessary for the accomplishment of the states policy of water purity as stated in ORS 468B.015. (3) "Federal pollution abatement assistance" means funds available to a municipality, either directly or through allocation by the state, from the federal government as grants for construction of sewage treatment works pursuant to the Federal Water Pollution Control Act of 1956 (P.L. 84-660) as amended, or pursuant to any other federal act or program. (4) "Municipality" means any county, city, special service district or other governmental entity having authority to dispose of sewage, industrial wastes or other wastes, any Indian tribe or authorized Indian tribal organization, or any combination of two or more of the foregoing acting jointly, in connection with an eligible project. (5) "Sewage treatment works" means any facility for the purpose of treating, neutralizing or stabilizing sewage or industrial wastes of a liquid nature, including treatment or disposal plants, the necessary intercepting, outfall and outlet sewers, pumping stations integral to such plants or sewers, equipment and furnishings thereof and their appurtenances. [Formerly 449.455; 1983 c.740 176]
(1) The State of Oregon may make grants, as funds are available, to any municipality to assist the municipality in the construction of sewage treatment works. (2) The Environmental Quality Commission shall be the agency for administration of funds granted by this state pursuant to subsection (1) of this section. (3) In allocating state grants under ORS 454.505 to 454.535, the commission shall give consideration to the following criteria: (a) Public benefits to be derived from the construction; (b) Ultimate cost of constructing and maintaining the sewage treatment works; (c) Public interest in and public necessity for the sewage treatment works; (d) Adequacy of the provisions made or proposed by the municipality for assuring proper and efficient operation and maintenance of the sewage treatment works after the completion of construction thereof; (e) The municipalitys readiness to start construction, including financing and planning; and (f) The municipalitys financial need. (4) The commission shall establish a list of priority projects based upon the criteria established in subsection (3) of this section and the list shall be used as the basis for allocation of funds granted under ORS 454.505 to 454.535. However, a project shall not be placed on the list of priority projects if the total cost to the Sewage Treatment Works Construction Account established by ORS 454.535 of all such projects on the list of priority projects would exceed the funds available in the Sewage Treatment Works Construction Account. [Formerly 449.465]
(1) The Environmental Quality Commission and any municipality may enter into contracts with each other concerning eligible projects. Any such contract may include such provisions as may be agreed upon by the parties thereto, and shall include the following provisions: (a) An estimate of the reasonable cost of the eligible project as determined by the commission. (b) An agreement by the municipality: (A) To proceed expeditiously with, and complete, the project in accordance with plans approved by the Department of Environmental Quality; (B) To commence operation of the sewage treatment works on completion of the project, and not to discontinue operation or dispose of the sewage treatment works without the approval of the commission; (C) To operate and maintain the sewage treatment works in accordance with applicable provisions of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B and with the rules of the commission; (D) To secure approval of the commission before applying for federal assistance for pollution abatement, in order to maximize the amounts of such assistance received or to be received for all projects in Oregon; and (E) To provide for the payment of the municipalitys share of the cost of the project. (2) The commission may adopt rules necessary for making and enforcing contracts hereunder and establishing procedures to be followed in applying for state grants authorized by ORS 454.515 as shall be necessary for the effective administration of ORS 454.505 to 454.535. (3) All contracts entered into pursuant to this section shall be subject to approval by the Attorney General as to form. All payments by the state pursuant to such contracts shall be made after audit and upon warrant on vouchers approved by the commission. [Formerly 449.475]
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 to 454.535. [Formerly 449.485]
As used in ORS 454.605 to 454.755, unless the context requires otherwise: (1) "Absorption facility" means a system of open-jointed or perforated piping, alternate distribution units or other seepage systems for receiving the flow from septic tanks or other treatment units and designed to distribute effluent for oxidation and absorption by the soil within the zone of aeration. (2) "Alternative sewage disposal system" means a system incorporating all of the following: (a) Septic tank or other sewage treatment or storage unit; and (b) Disposal facility or method consisting of other than an absorption facility but not including discharge to public waters of the State of Oregon. (3) "Construction" includes installation, alteration or repair. (4) "Contract agent" means a local unit of government that has entered into an agreement with the Department of Environmental Quality pursuant to ORS 454.725. (5) "Effluent sewer" means that part of the system of drainage piping that conveys treated sewage from a septic tank or other treatment unit into an absorption facility. (6) "Governmental unit" means the state or any county, municipality or other political subdivision, or any agency thereof. (7)(a) "Gray water" means shower and bath waste water, bathroom sink waste water, kitchen sink waste water and laundry waste water. (b) "Gray water" does not mean toilet or garbage wastes or waste water contaminated by soiled diapers. (8) "Local unit of government" means any county or municipality. (9) "Nonwater-carried sewage disposal facility" includes, but is not limited to, pit privies, vault privies and chemical toilets. (10) "Public health hazard" means a condition whereby there are sufficient types and amounts of biological, chemical or physical, including radiological, agents relating to water or sewage which are likely to cause human illness, disorders or disability. These include, but are not limited to, pathogenic viruses, bacteria, parasites, toxic chemicals and radioactive isotopes. (11) "Septic tank" means a watertight receptacle which receives the discharge of sewage from a sanitary drainage system and which is so designed and constructed as to separate solids from liquids, digest organic matter during a period of detention and allow the liquids to discharge to another treatment unit or into the soil outside of the tank through an absorption facility. (12) "Sewage" means domestic water-carried human and animal wastes, including kitchen, bath and laundry wastes from residences, buildings, industrial establishments or other places, together with such ground water infiltration, surface waters or industrial waste as may be present. (13) "Sewage disposal service" means: (a) The construction of subsurface sewage disposal systems, alternative sewage disposal systems or any part thereof. (b) The pumping out or cleaning of subsurface sewage disposal systems, alternative sewage disposal systems or nonwater-carried sewage disposal facilities. (c) The disposal of materials derived from the pumping out or cleaning of subsurface sewage disposal systems, alternative sewage disposal systems or nonwater-carried sewage disposal facilities. (d) Grading, excavating and earthmoving work connected with the operations described in paragraph (a) of this subsection. (14) "Subsurface sewage disposal system" means a cesspool or the combination of a septic tank or other treatment unit and effluent sewer and absorption facility. (15) "Zone of aeration" means the unsaturated zone that occurs below the ground surface and the point at which the upper limit of the water table exists. [1973 c.835 208; 1975 c.167 1; 1977 c.828 1; 1991 c.598 3; 1999 c.551 3; 2009 c.248 3]
It is the public policy of the State of Oregon to encourage: (1) Improvements to, maintenance of and innovative technology for subsurface and alternative sewage disposal systems and nonwater-carried sewage disposal facilities consistent with the protection of the public health and safety and the quality of the waters of this state; and (2) The appropriate reuse of gray water for beneficial uses. [1999 c.551 2; 2009 c.248 2]
(1) A person may not construct, install or operate a gray water reuse and disposal system without first obtaining a permit from the Department of Environmental Quality. A gray water reuse and disposal system for which a permit has been issued under this section is exempt from the requirements of ORS 454.655. The Environmental Quality Commission shall adopt rules for permits issued under this section. In adopting the rules, the commission shall: (a) Consider the recommendations of an advisory committee appointed by the department pursuant to ORS 183.333; (b) Minimize the burden of permit requirements on property owners; and (c) Prescribe requirements that allow for separate systems for the treatment, disposal or reuse of gray water. These requirements must ensure the protection of: (A) Public health, safety and welfare; (B) Public water supplies; and (C) Waters of the state, as that term is defined in ORS 468B.005. (2) Subject to ORS 454.645, the rules adopted by the commission under this section may not prohibit the discharge of gray water if: (a) Soil and site conditions for such gray water conform to the rules of the department regarding standard subsurface sewage disposal systems or alternative sewage disposal systems, except that such systems may use two-thirds the normal size surface area for a drainfield and shall be preceded by a treatment facility such as, but not limited to, a septic tank; or (b) Such gray water is discharged into an existing subsurface sewage disposal system or alternative sewage disposal system that is functioning satisfactorily, or a public sewage system that serves the dwelling from which such gray water is derived. [1977 c.523 6; 1999 c.551 4; 2001 c.104 194; 2009 c.248 4]
The Environmental Quality Commission shall adopt rules that: (1) Prescribe minimum requirements for the design and construction of subsurface sewage disposal systems, alternative sewage disposal systems and nonwater-carried sewage disposal facilities or parts thereof including grading, excavating and earthmoving work connected therewith, and allow for use of alternative systems and component materials consistent with the minimum requirements. Requirements prescribed under this section may vary in different areas or regions of the state. (2) Prescribe minimum requirements for the operation and maintenance of subsurface sewage disposal systems, alternative sewage disposal systems and nonwater-carried sewage disposal facilities or parts thereof. (3) Prescribe requirements for the pumping out or cleaning of subsurface sewage disposal systems, alternative sewage disposal systems and nonwater-carried sewage disposal facilities or parts thereof, for the disposal of material derived from such pumping out or cleaning, for sewage pumping equipment, for sewage tank trucks and for the identification of sewage tank trucks and workers. [1973 c.835 209; 1975 c.167 2; 2009 c.248 5]
In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt such rules as it considers necessary for the purpose of carrying out ORS 454.605 to 454.755. [1973 c.835 210]
(1) Whenever the Department of Environmental Quality has reasonable grounds for believing that any subsurface sewage disposal system, alternative sewage disposal system or nonwater-carried sewage disposal facility or part thereof is being operated or maintained in violation of any rule adopted pursuant to ORS 454.625, it shall give written notice to the person or persons in control of such system or facility. (2) The notice required under subsection (1) of this section shall include the following: (a) Citation of the rule allegedly violated; (b) The manner and extent of the alleged violation; and (c) A statement of the partys right to request a hearing. (3) The notice shall be served personally or by registered or certified mail and shall be accompanied by an order of the department requiring remedial action which, if taken within the time specified in the order, will effect compliance with the rule allegedly violated. The order shall become final unless a request for hearing is made by the party receiving the notice within 10 days from the date of personal service or the date of mailing of the notice. (4) The form of petition for hearing and the procedures employed in the hearing shall be consistent with the requirements of ORS chapter 183 and shall be in accordance with rules adopted by the Environmental Quality Commission. (5) The order shall be affirmed or reversed by the commission after hearing. A copy of the commissions decision setting forth findings of fact and conclusions shall be sent by registered or certified mail to the petitioner or served personally upon the petitioner. An appeal from such decision may be made as provided in ORS 183.480 relating to a contested case. [1973 c.835 211; 1975 c.167 3]
In order to protect the health, safety and welfare of its citizens, a contract agent may enforce, consistent with state enforcement, standards for subsurface sewage disposal systems, alternative sewage disposal systems and nonwater-carried sewage disposal facilities established in ORS 454.605 to 454.755 or in rules of the Environmental Quality Commission. [1981 c.147 2; 1999 c.551 5]
(1) Whenever a subsurface sewage disposal system, alternative sewage disposal system or a nonwater-carried sewage disposal facility or part thereof presents or threatens to present a public health hazard creating an emergency requiring immediate action to protect the public health, safety and welfare, the Department of Environmental Quality may institute an action. The action may be commenced without the necessity of prior administrative procedures, or at any time during such administrative proceedings, if such proceedings have been commenced. The action shall be in the name of the State of Oregon and may petition for a mandatory injunction compelling the person or governmental unit in control of the system or facility to cease and desist operation or to make such improvements or corrections as are necessary to remove the public health hazard or threat thereof. (2) Cases filed under provisions of this section or any appeal therefrom shall be given preference on the docket over all other civil cases except those given an equal preference by statute. (3) Nothing in this section is intended to prevent the maintenance of actions for legal or equitable remedies relating to private or public nuisances or for recovery of damages brought by private persons or by the state on relation of any person. [1973 c.835 212; 1975 c.167 4; 1979 c.284 148]
(1) Except as otherwise provided in ORS 454.675, without first obtaining a permit from the Department of Environmental Quality, no person shall construct or install a subsurface sewage disposal system, alternative sewage disposal system or part thereof. However, a person may undertake emergency repairs limited to replacing minor broken components of the system without first obtaining a permit. (2) A permit required by subsection (1) of this section shall be issued only in the name of an owner or contract purchaser in possession of the land. However, a permit issued to an owner or contract purchaser carries the condition that the owner or purchaser or regular employees or a person licensed under ORS 454.695 perform all labor in connection with the construction of the subsurface or alternative sewage disposal system. (3) The applications for a permit required by this section must be accompanied by the permit fees prescribed in ORS 454.745. (4) After receipt of an application and all requisite fees, subject to ORS 454.685, the department shall issue a permit if it finds that the proposed construction will be in accordance with the rules of the Environmental Quality Commission. A permit may not be issued if a community or area-wide sewerage system is available which will satisfactorily accommodate the proposed sewage discharge. The prohibition on the issuance of a permit in this subsection does not apply to a public agency as defined in ORS 454.430. (5)(a) Unless weather conditions or distance and unavailability of transportation prevent the issuance of a permit within 20 days of the receipt of the application and fees by the department, the department shall issue or deny the permit within 20 days after such date. If such conditions prevent issuance or denial within 20 days, the department shall notify the applicant in writing of the reason for the delay and shall issue or deny the permit within 60 days after such notification. (b) If within 20 days of the date of the application the department fails to issue or deny the permit or to give notice of conditions preventing such issuance or denial, the permit shall be considered to have been issued. (c) If within 60 days of the date of the notification referred to in paragraph (a) of this subsection, the department fails to issue or deny the permit, the permit shall be considered to have been issued. (6) Upon request of any person, the department may issue a report, described in ORS 454.755 (1), of evaluation of site suitability for installation of a subsurface or alternative sewage disposal system or nonwater-carried sewage disposal facility. The application for such report must be accompanied by the fees prescribed in ORS 454.755. (7) With respect to an application for a permit for the construction and installation of a septic tank and necessary effluent sewer and absorption facility for a single family residence or for a farm related activity on a parcel of 10 acres or more described in the application by the owner or contract purchaser of the parcel, the Department of Environmental Quality: (a) Within the period allowed by subsection (5)(a) of this section after receipt by it of the application, shall issue the permit or deliver to the applicant a notice of intent to deny the issuance of the permit; (b) In any notice of intent to deny an application, shall specify the reasons for the intended denial based upon the rules of the Environmental Quality Commission for the construction and installation of a septic tank and necessary effluent sewer and absorption facility or based upon the factors included in ORS 454.685 (2)(a) to (j); (c) Upon request of the applicant, shall conduct a hearing in the manner provided in ORS 454.635 (4) and (5) on the reasons specified in a notice of intent to deny the application with the burden of proof upon the department to justify the reasons specified; and (d) In the case of issuance of a permit, may include as a condition of the permit that no other permit for a subsurface sewage disposal system or alternative sewage disposal system shall be issued for use on the described parcel while the approved septic tank, effluent sewer and absorption facility are in use on the described parcel. [1973 c.835 213; 1974 c.30 2; 1975 c.167 5; 1975 c.794 1; 1999 c.551 6; 2001 c.557 6] Note: Sections 3 to 5, chapter 217, Oregon Laws 2021, provide: Sec. 3. Section 4 of this 2021 Act is added to and made a part of ORS 454.605 to 454.755. [2021 c.217 3] Sec. 4. (1) Notwithstanding ORS 454.655 (4), the Department of Environmental Quality shall issue a decision on a permit to repair or replace a subsurface sewage disposal system that serves a dwelling approved under section 2 of this 2021 Act without regard to availability of a community or area-wide sewerage system. (2) Notwithstanding ORS 197.180, the department shall issue a decision on a permit to repair or replace a subsurface sewage disposal system that serves a dwelling approved under section 2 of this 2021 Act without regard to whether a local government has issued a land use compatibility statement for the dwelling. (3) The department shall approve a permit to repair or replace a subsurface sewage disposal system that serves a dwelling approved under section 2 of this 2021 Act if: (a) A subsurface sewage disposal system served the dwelling on July 30, 2020; and (b) Issuance of the permit and operation of the system would not result in pollution of surface waters of the state or result in pollution of ground water that would threaten public health or other beneficial uses of ground water. (4) This section does not apply to a permit for a dwelling for which the owner received financial assistance from the state or federal government for the repair or replacement of the subsurface sewage disposal system. (5) This section does not affect the authority of the department or the Environmental Quality Commission to grant a variance or an exemption for a subsurface sewage disposal system for a dwelling or other use. [2021 c.217 4] Sec. 5. Sections 2 and 4 of this 2021 Act are repealed on January 2, 2031. [2021 c.217 5]
(1) After hearing the Environmental Quality Commission may grant to applicants for permits required under ORS 454.655 specific variances from the particular requirements of any rule or standard pertaining to subsurface sewage disposal systems for such period of time and upon such conditions as it may consider necessary to protect the public health and welfare and to protect the waters of the state, as defined in ORS 468B.005. The commission shall grant such specific variance only where after hearing it finds that strict compliance with the rule or standard is inappropriate for cause or because special physical conditions render strict compliance unreasonable, burdensome or impractical. (2) The commission shall adopt rules for granting variances from rules or standards pertaining to subsurface sewage disposal systems in cases of extreme and unusual hardship. The rules shall provide for consideration of the following factors in reviewing applications for variances due to hardship: (a) Advanced age or bad health of applicants; (b) Relative insignificance of the environmental impact of granting a variance; and (c) The need of applicants to care for relatives who are aged or incapacitated or have disabilities. (3) The department shall strive to aid and accommodate the needs of applicants for variances due to hardship. (4) Variances granted due to hardship may contain conditions such as permits for the life of the applicant, limiting the number of permanent residents using a subsurface sewage disposal system and use of experimental systems for specified periods of time. [1975 c.309 2; 1979 c.591 4; 2007 c.70 256]
(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 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]
(1) Except as provided in subsection (2) of this section, each application for a variance submitted pursuant to ORS 454.657 must be accompanied by a fee, the amount of which shall be determined by a fee structure adopted by the Environmental Quality Commission as described in ORS 454.745. The moneys received are continuously appropriated to meet administrative expenses of the hearings and appeals. (2) Notwithstanding subsection (1) of this section, an applicant for a variance under this section is not required to pay the fee specified in subsection (1) of this section if, at the time of filing the application, the applicant: (a) Is 65 years of age or older; (b) Is a resident of this state; and (c) Has an annual household income, as defined in ORS 311.666, of $15,000 or less. [1975 c.309 4; 1979 c.591 1; 1999 c.551 7; 2015 c.348 20]
(1) Upon completing the construction for which a permit has been issued under ORS 454.655, the permit holder shall notify the Department of Environmental Quality. The department may at its own election inspect the construction to determine if it complies with the rules of the Environmental Quality Commission. For that construction inspected by the department, the department shall issue a certificate of satisfactory completion to the permit holder unless the construction does not comply with such rules. If the construction does not comply with such rules, the department shall notify the permit holder and shall require satisfactory completion before issuing the certificate. Failure to meet the requirements for satisfactory completion within a reasonable time constitutes a violation of ORS 454.605 to 454.755. (2) If the inspection authorized under subsection (1) of this section is not made within seven days after notification by the permit holder, a certificate of satisfactory completion shall be considered to have been issued. When feasible the department shall notify the party whose work is to be inspected, whether the department will be able to make such inspection within the seven-day requirement of this subsection. (3) No person shall operate or use any subsurface sewage disposal system, alternative sewage disposal system or part thereof unless a certificate of satisfactory completion has been issued for the construction for which a permit was issued under ORS 454.655. (4) Whenever the department finds cause to revoke or refuses to issue a certificate of satisfactory completion pursuant to this section, the permit holder may appeal the decision in accordance with the provisions of ORS chapter 183. [1973 c.835 214; 1975 c.167 6; 1979 c.169 1; 1999 c.551 8]
Subsurface sewage disposal systems, alternative sewage disposal systems or nonwater-carried sewage disposal facilities or parts thereof which were constructed prior to January 1, 1974, but which are not creating a public health hazard or causing water pollution shall not be required to conform to the construction standards adopted subsequent to their initial construction. However, all alterations or repairs of such systems or facilities or parts thereof shall be made in accordance with the rules of the Environmental Quality Commission. [1973 c.835 215; 1975 c.167 7; 1999 c.551 9]
(1) Whenever the Environmental Quality Commission finds that the construction of subsurface sewage disposal systems, alternative sewage disposal systems or nonwater-carried sewage disposal facilities should be limited or prohibited in an area, it shall issue an order limiting or prohibiting such construction. The order shall be issued only after public hearing for which more than 30 days notice is given. Notice must be in form reasonably calculated to notify interested persons in the affected area. (2) In issuing an order authorized by subsection (1) of this section, the commission shall consider the following factors for the proposed affected area: (a) Present and projected density of population. (b) Size of building lots. (c) Topography. (d) Porosity and absorbency of soil. (e) Any geological formations which may adversely affect the disposal of sewage effluent by subsurface means. (f) Ground and surface water conditions and variations therein from time to time. (g) Climatic conditions. (h) Present and projected availability of water from unpolluted sources. (i) Type of and proximity to existing domestic water supply sources. (j) Type of and proximity to existing surface waters. (k) Capacity of existing subsurface sewage disposal systems. [1973 c.835 216; 1975 c.167 8]
(1) No person shall perform sewage disposal services or advertise or purport to be in the business of performing such services without first obtaining a license from the Department of Environmental Quality. (2) Application for a license required by subsection (1) of this section shall be made in writing in a form prescribed by the department and shall include the following information: (a) The name and address of the applicant and of the person responsible for supervising the services; (b) The location of the business of the applicant and the name under which the business is conducted; and (c) Such other information as the department considers necessary to determine the eligibility of the applicant for the license. (3) Application for a license required under subsection (1) of this section must be accompanied by the license fees prescribed in ORS 454.745 and by the bond described in ORS 454.705. (4) The Environmental Quality Commission shall establish by rule the term of a license issued under this section and a method for determining the expiration date for a license issued under this section. The commission may provide for staggered expiration dates for licenses issued under this section. (5) The commission may adopt rules prescribing the qualifications, training and education requirements of sewage disposal service license holders and workers and the registration of sewage disposal service workers. [1973 c.835 217; 1977 c.828 2; 1983 c.616 3; 1991 c.598 4; 1999 c.551 10]
(1) An applicant for a license required by ORS 454.695 shall execute a bond in favor of the State of Oregon. The bond shall be in the amount established by rule by the Environmental Quality Commission and shall be executed by the applicant as principal and by a surety company authorized to transact a surety business within the State of Oregon as surety. (2) The bond shall be filed with the Department of Environmental Quality and shall provide that: (a) In performing sewage disposal services, the applicant shall comply with the provisions of ORS 454.605 to 454.755 and with the rules of the Environmental Quality Commission regarding sewage disposal services; and (b) Any person injured by a failure of the applicant to comply with ORS 454.605 to 454.755 and with the rules of the commission regarding sewage disposal services shall have a right of action on the bond in the name of the person, provided that written claim of such right of action shall be made to the principal or the surety company within two years after the services have been performed. (3) Every person licensed pursuant to ORS 454.695 shall deliver to each person for whom services requiring such license are performed, prior to the completion of such services, a written notice of the name and address of the surety company which has executed the bond required by this section and of the rights of the recipient of such services as provided by subsection (2) of this section. [1973 c.835 218; 1975 c.171 1; 1999 c.551 11]
In lieu of the surety bond required by ORS 454.705, an applicant for a license required by ORS 454.695 may deposit, under the same terms and conditions as when a bond is filed, the equivalent value in cash or negotiable securities of a character approved by the State Treasurer. The deposit is to be made in a bank or trust company for the benefit of the Department of Environmental Quality. Interest on deposited funds or securities shall accrue to the depositor. [1981 c.148 2]
Subject to ORS chapter 183, the Department of Environmental Quality at any time may suspend or revoke any license issued pursuant to ORS 454.695 if it finds: (1) A material misrepresentation or false statement in the application for the license. (2) Failure to comply with the applicable provisions of this chapter. (3) Violation of any rule of the Environmental Quality Commission regarding sewage disposal services. (4) The licensee was licensed by the Construction Contractors Board at the time of licensing under ORS 454.695 and the license issued by the board was revoked or suspended as provided under ORS 701.102 or 701.106 and rules adopted by the board. [1973 c.835 219; 1999 c.344 6; 2001 c.104 195; 2005 c.432 5; 2007 c.114 15]
(1) The Department of Environmental Quality may enter into agreements with local units of government for the local units to perform the duties of the department under ORS 454.635, 454.655, 454.665 and 454.755. (2) The Department of Environmental Quality may enter into an agreement with a local unit of government when the local unit of government requests to perform the variance duties of the department under ORS 454.657 and 454.660 subject to variance criteria specified in the agreement by the department. Each local unit of government performing variance duties under an agreement may set and collect a variance application fee as provided in ORS 454.662. A fee collected by a local unit of government under this subsection shall not exceed the cost to the local unit of government of performing the variance duties of the department. [1973 c.835 219a; 1975 c.167 9; 1975 c.309 5; 1979 c.591 3; 1999 c.551 12]
(1) In conjunction with the rules adopted under ORS 454.615 and 454.625, the Environmental Quality Commission shall establish a schedule of application fees for services rendered, permits, reports, variances and licenses and for the registration of sewage disposal service license holders and workers. The fees shall be based upon actual costs for efficiently conducted minimum services, as developed by the Director of the Department of Environmental Quality. (2) Each local unit of government that has entered into an agreement with the Department of Environmental Quality under ORS 454.725 may establish a schedule of application fees for services rendered, permits, reports and variances. The fees shall be based on actual costs for efficiently conducted minimum services, as developed by the local unit of government. Notwithstanding the authority to adopt a schedule of fees, no contract provided for under ORS 454.725 shall be entered into or continued when the total amount of fees collected by the local unit of government exceeds the total cost of the program for providing the services rendered, permits, reports and variances issued under this section. (3) The department or its contract agent may refund all or a portion of a fee accompanying an application for a permit pursuant to ORS 454.655, a variance pursuant to ORS 454.662, a license pursuant to ORS 454.695 or a report pursuant to ORS 454.755 if the applicant withdraws the application before the department or its contract agent has done any field work or other substantial review of the application. (4) Notwithstanding the requirements of ORS 454.655 (3) and 454.755 (1), the Environmental Quality Commission may waive a fee prescribed in subsection (1) of this section in the event a state of emergency is declared under ORS 401.165. The commission shall determine whether to waive a fee contained in subsection (1) of this section on a case-by-case basis. The commission may delegate the authority granted under this section to the director. (5) Fees collected under subsection (1) of this section shall be deposited in the State Treasury and credited to an account of the department. The moneys received are continuously appropriated to the department to carry out the requirements of ORS 454.605 to 454.755. [1973 c.835 220; 1974 c.30 3; 1975 c.167 10; 1975 c.607 33; 1979 c.591 2; 1997 c.64 1; 1999 c.551 13]
(1) Any person, upon application for any of the following actions by the Department of Environmental Quality, shall pay to the department a fee in the amount required for each lot or parcel: (a) A report of evaluation of site suitability for a subsurface sewage disposal system, alternative sewage disposal system, nonwater-carried sewage disposal facility or a part thereof, pursuant to ORS 454.655; (b) A report of evaluation of adequacy of a sewage disposal method required prior to the approval of a plat of a subdivision, pursuant to ORS 92.090 (5)(c); or (c) A report on any proposed repair or alteration of an existing subsurface sewage disposal system, alternative sewage disposal system, nonwater-carried sewage disposal facility or a part thereof. A person may apply for the permit required under ORS 454.655 (1) to alter or repair a system without obtaining this report. (2) The fee paid for a report of evaluation of site suitability pursuant to subsection (1)(a) of this section shall entitle the applicant to as many site inspections as is necessary within 90 days from the date of the first site inspection to determine site suitability for a single home site. The department may require separate fees if it determines that the site inspections are for the purpose of determining site suitability for more than one home site. [1974 c.30 2; 1974 c.74 4; 1975 c.167 11; 1975 c.607 34; 1999 c.551 14]
The Legislative Assembly declares it to be the policy of this state to assist the people of this state in protecting public health and safety and the quality of the waters of this state by making grants available for the development of low-interest loan programs for the repair, replacement, upgrade or evaluation of residential or small business on-site septic systems. The Legislative Assembly also declares it to be the policy of this state to support the availability of affordable loans to assist residents to remain in their homes and thereby promote long-term home ownership and sustainable housing opportunities. [2016 c.87 1] Note: 454.777 and 454.779 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 454 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) As used in this section and ORS 454.777: (a) "Available sewer" means an existing public sewer system that a residence or small business is capable of being connected to: (A) In compliance with state and local law; and (B) Without a significant extension of the public sewer system. (b) "Loan program" means a program funded by a grant awarded under this section. (c)(A) "On-site septic system" means a subsurface on-site sewage treatment and disposal system, including, but not limited to, alternative sewage disposal systems, nonwater-carried sewage disposal facilities and subsurface sewage disposal systems as those terms are defined in ORS 454.605. (B) "On-site septic system" does not include any system that is designed to treat and dispose of industrial waste. (d) "Small business" means a corporation, partnership, sole proprietorship or other legal entity formed for the purpose of making a profit and that generates less than 3,500 gallons of wastewater per day. (2) The Department of Environmental Quality shall award grants for the purpose of developing and administering loan programs to provide low-interest loans for the purposes described in subsection (3)(b) of this section. The Environmental Quality Commission may adopt rules necessary to implement the provisions of this section. (3) The department may not disburse grant funds under this section unless the department and the intended grant award recipient first enter into a grant agreement. The grant agreement must: (a) Provide that a lender that participates in a loan program must agree to subordinate the lenders lien to the borrowers consensual mortgage lien. (b) Require that loans provided to borrowers under a loan program must be used for at least one of the following purposes to address a public health and safety risk or to otherwise protect or maintain water quality in the waters of this state: (A) To repair a damaged, malfunctioning or inoperable residential or small business on-site septic system. (B) To replace a damaged, malfunctioning or inoperable residential or small business on-site septic system with: (i) A new, used or reconditioned functional residential or small business on-site septic system; (ii) A new, used or reconditioned functional cluster on-site septic system; or (iii) A connection to an available sewer, and to properly decommission and discontinue use of the on-site septic system. (C) To upgrade a residential or small business on-site septic system with a newer or more advanced on-site septic system. An upgrade may include alterations if the work is part of a repair or if the on-site septic system being upgraded is more than 25 years old. (D) To replace the waste disposal well or sewage drill hole of an otherwise functional residential or small business on-site septic system. (E) To conduct a regional evaluation of community, residential or small business on-site septic systems to determine whether repair or replacement is necessary. (c) Require that, if a residence or small business with a damaged, malfunctioning or inoperable on-site septic system is located within the territory of an available sewer, and is required to connect to the available sewer, a loan provided under a loan program to address the damaged, malfunctioning or inoperable on-site septic system must be used to install a connection to the available sewer and to properly decommission and discontinue use of the on-site septic system. (d) Require that a loan provided under a loan program must be in an amount that covers 100 percent of the costs associated with the purposes under paragraph (b) of this subsection for which the loan is provided, unless the borrower requests and consents to a loan that covers a lower percentage of the costs. (e) Require that a grant award recipient must provide a mechanism for ensuring compliance with any locally required operation and maintenance of an on-site septic system for which a loan is provided under a loan program. (f) Require that a grant award recipient use accounting, auditing and fiscal procedures that conform to generally accepted government accounting standards. (4) In selecting grant award recipients under this section, the department shall give preference to applicants that: (a) Prioritize, but do not limit themselves to, providing loans to low and moderate income and small business applicants that are unable to obtain traditional financing; (b) Can demonstrate prior success in offering, underwriting, servicing and managing loans to: (A) Members of low and moderate income populations; (B) Persons with a range of credit qualifications; and (C) Residential and commercial borrowers; and (c) Plan to engage additional stakeholders in outreach and marketing efforts for a loan program. [2016 c.87 2; 2017 c.255 1] Note: See note under 454.777.
As used in ORS 454.782 to 454.800: (1) "Commission" means the Environmental Quality Commission. (2) "Department" means the Department of Environmental Quality. (3) "Septage" means the domestic liquid and solid sewage pumped from septic tanks, cesspools, holding tanks, vault toilets, chemical toilets or other similar domestic sewage treatment components or systems and other sewage sludge not derived at sewage treatment plants. [1999 c.978 1] Note: 454.782 to 454.800 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 454 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
It is the policy of the State of Oregon to encourage innovative technology for subsurface and alternative sewage disposal systems and nonwater-carried sewage disposal facilities consistent with the protection of the public health and safety and the quality of the waters of this state. [1999 c.978 2] Note: See note under 454.782.
(1) The Legislative Assembly finds that: (a) Improper collection, storage, transportation, treatment, recycling and disposal of septage is a threat to the quality of the waters of this state, to the health, safety and welfare of Oregonians and to the fish and wildlife resources of this state. (b) In many instances throughout the state, septage is not being collected frequently enough to prevent septic system failures. (2) Therefore, the Legislative Assembly declares that providing new options for proper collection, storage, transportation, treatment, recycling and disposal of septage is a matter of statewide concern that requires the combined efforts of state and local governments. [1999 c.978 3] Note: See note under 454.782.
A person may not collect, store, transport, treat, recycle or dispose of septage: (1) Without first obtaining a license or permit from the Department of Environmental Quality issued under the program established under ORS 454.792; and (2) Unless the person is operating in compliance with the terms of the license or permit. [1999 c.978 4] Note: See note under 454.782.
Upon request of a county under ORS 454.795, the Environmental Quality Commission shall establish by rule a program to regulate the collection, storage, transportation, treatment, recycling and disposal of septage. The rules must include but need not be limited to: (1) Standards to ensure the safe and appropriate collection, storage, transportation, treatment, recycling and disposal of septage; (2) A process to issue, deny and revoke licenses or permits for the collection, storage, transportation, treatment, recycling and disposal of septage; and (3) Any other provision necessary to implement the provisions of ORS 454.782 to 454.800. [1999 c.978 5] Note: See note under 454.782.
A county may submit a request to the Department of Environmental Quality to allow the county to perform the duties of the department under ORS 454.782 to 454.800. Subject to policy direction of the Environmental Quality Commission, and in compliance with rules adopted by the commission under ORS 454.792, the department may enter into an agreement with the county for the county to perform the duties of the department under ORS 454.782 to 454.800. [1999 c.978 6] Note: See note under 454.782.
(1) If a county requests the Environmental Quality Commission to adopt rules under ORS 454.792 in order that the county may be allowed to perform the duties of the Department of Environmental Quality under ORS 454.782 to 454.800, the department may assess the county for the reasonable expenses of the department and the commission in carrying out the rulemaking proceeding. (2) The department shall recover the costs of the department and the commission in conducting the rulemaking proceeding in the following manner: (a) The county shall fully reimburse the department for the reasonable costs of the rulemaking process. (b) The department shall appropriately document the direct and indirect costs of the department and the commission and collect payment for such costs from the county. The department shall collect a deposit from the county, against which the department shall bill until the deposit is depleted. When the deposit is depleted, the department shall collect an additional deposit. The county shall submit an initial deposit of the estimated expenses of the department and the commission in completing the rulemaking process before the commission begins the process. The department shall deliver to the county an accounting of all charges and the amount of the deposit remaining at the closure of each months accounting records. (3) All moneys collected by the Department of Environmental Quality pursuant to this section shall be deposited into the General Fund of the State Treasury to an account of the Department of Environmental Quality. Such moneys are continuously appropriated to the Department of Environmental Quality for the payment of expenses of the Department of Environmental Quality and the Environmental Quality Commission in conducting the rulemaking proceeding under ORS 454.792. (4) A county may fund the assessment charged under subsections (1) and (2) of this section from any public or private financial resources available to the county, including but not limited to community development funds received from the Oregon Business Development Department. [1999 c.978 7] Note: See note under 454.782.
The Department of Environmental Quality shall allow the land application of septage through a permit when the septage is: (1) Included with municipal waste that is first processed through a treatment works operated under a permit issued by the department before land application; or (2) Treated according to the provisions of ORS 468B.080 or 468B.095 and rules adopted thereunder. [1999 c.978 8] Note: See note under 454.782.
(1) When a municipality requires property owners to connect their homes and multifamily dwellings to the sewer system of the municipality, the municipality may assess the installation costs for which the municipality provides financing against the affected properties in the same manner that costs of local improvements are assessed against benefited properties. Such assessments shall have the same lien status and be foreclosable in the same manner as other assessments levied under ORS 223.005 to 223.105 and 223.205 to 223.930 or the charter of the municipality. If installation costs are so assessed: (a) The municipality shall make financing for the installation costs available to affected property owners; (b) Affected property owners may apply to pay the assessments in installments as provided in ORS 223.205 to 223.316, but the municipality may impose a reasonable penalty for prepayment of assessment installments; (c) The municipality may issue special assessment bonds to finance the installation costs pursuant to ORS 223.235, but may sell such bonds at public or private sale in the same manner as port district revenue bonds may be sold pursuant to ORS 777.575 (4); and (d) The municipality may issue Bancroft bonds pursuant to ORS 223.205 to 223.316, but only for installation costs for property within an area affected by an order of the Environmental Quality Commission or any court. (2) As used in this section: (a) "Installation costs" means the costs of placing, installing and connecting sewer lines and mains between a home or multifamily dwelling and the adjacent street sewer lines, drains or other storm or sanitary sewer facilities of the municipality, and costs of providing financing for such placement, installation and connection. (b) "Municipality" means a city, county, county service district, sanitary authority or sanitary district. [1985 c.417 1; 1991 c.902 114; 1997 c.249 154] Note: 454.805 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 454 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.