justicedao/ipfs_state_laws huggingface dataset:
333-011-0315 Disposition of Reports of Induced Termination of Pregnancy (1) Reports of induced termination of pregnancy are statistical reports only and are not to be incorporated into the official records of the Vital Statistics Section. The state registrar is authorized to dispose of such reports when all statistical processing of the records has been accomplished. However, the state registrar may establish a file of such records so they will be available for future statistical and research projects provided such file is not made a part of the official records and the reports are not made available for the issuance of certified copies. Such file shall be retained for as long as the state registrar deems necessary and it shall then be destroyed. The file may be maintained by photographic, electronic, or other means as determined by the state registrar, in which case the original report from which the photographic, electronic, or other file was made shall be destroyed. (2) The provisions of this regulation shall also apply to all records of induced termination of pregnancy filed prior to the adoption of this regulation. Statutory/Other Authority: ORS 432.153 Statutes/Other Implemented: ORS 432.153 History: Renumbered from 333-011-0110 by PH 17-2013, f. 12-26-13, cert. ef. 1-1-14 HD 24-1981, f. & ef. 11-17-81 HB 228, f. 11-5-69
333-011-0327 Acceptable Documentation to Establish Identity of Applicant and Relationship to Registrant (1) Information required to identify the correct record of live birth includes: (a) The registrant’s full name as it appears on the record; (b) The full names of both parents as they appear on the record of live birth; (c) The date of birth of the registrant; (d) The city or county where the birth occurred; and (e) The sex of the registrant as it appears on the current record of live birth. (2) The relationship between the applicant and the registrant may be established by: (a) Comparing the name of the applicant to the registrant and parents listed on the current record of live birth; (b) Letter of guardianship issued by a court that documents the legal guardianship of registrant by applicant; (c) A written statement by an attorney accompanied with a notarized statement confirming the legal representation signed by: (A) The registrant if age 18 or older or emancipated; or (B) The registrant’s parents or legal guardian if the registrant is under age 18. (d) Review of other documents determined by the state registrar. (3) If the applicant is the registrant and the name of the applicant on identity documents does not match the name of the registrant on the record of live birth, additional evidence about the relationship of the applicant to the registrant will be required. Acceptable evidence includes: (a) A certified copy of an order of name change from a court within the United States; (b) A certified document from the government agency issuing drivers’ license or identification that documents the change of name on the agency’s record; (c) A certified Numident Report from the Social Security Administration that documents the change of name; (d) Two sequential passports issued by the United States with photographs of the same person and the same date of birth that shows the two names; or (e) Other documents as determined by the state registrar. (4) An emancipated minor must provide a court-certified copy of the order of emancipation to the state registrar. Statutory/Other Authority: ORS 432.015 & ORS 432.380 Statutes/Other Implemented: ORS 432.380 History: PH 15-2017, adopt filed 11/03/2017, effective 01/01/2018
333-011-0330 Authentication of Applicant (1) An authentication quiz shall be used for each application received by telephone, Internet, or through a kiosk. The authentication quiz shall be based on publicly available information and must be information requiring personal knowledge not available from reviewing current information typically found in a wallet. (a) For applications received by telephone or Internet, successful completion of the authentication quiz shall serve as identification of the applicant and additional documentation shall not be required. (b) For applications received by telephone or Internet and the authentication quiz is not successfully completed, the applicant shall be instructed to send additional identity documentation to support the application. (c) For applications received by kiosk and the authentication quiz is not successfully completed, the applicant must show identification documents before receiving a certified copy in person or by mail. (2) All applicants applying in person must show identification regardless of authentication quiz completion. (3) Applicants for records for events occurring more than 50 years for death, fetal death, marriage, Oregon registered domestic partnerships or dissolution of marriage or registered domestic partnerships or 100 years for birth, shall be submitted on the same form and in the same manner, including the authentication quiz, as records for current events. Statutory/Other Authority: ORS 432.380 Statutes/Other Implemented: ORS 432.380 History: PH 17-2013, f. 12-26-13, cert. ef. 1-1-14
333-011-0338 Fees for Vital Records for Oregonians Affected by a State or Federal Emergency Declaration This rule is intended to relieve the burden of certain fees for copies of, and searches for, vital records for Oregonians who have experienced loss of property or life due to or associated with a state or federal emergency declaration. (1) The Oregon Health Authority may reduce the fees for individuals adversely affected by a state or federal declared emergency to $0.00 for up to three certified copies of records relating to or affected by the declared emergency. Fees that may be reduced include fees for searching for and obtaining certified copies of birth, death, marriage, divorce, domestic partnership, or dissolution of domestic partnership records. Adversely affected means that the individual for whom the record is requested experienced loss of life or property due to a state or federal declared emergency. (2) An individual may request the Oregon Health Authority to reduce the fees for up to three certified copies of a birth, death, marriage, divorce, domestic partnership, or dissolution of domestic partnership record and the fee for any such search if the individual for whom the record is requested was adversely affected by the declared emergency. (3) If, in doing a search in a response for a record under section (1) of this rule, no matching record is found, the State Registrar will issue a statement to this effect in lieu of a record and the fee for the statement is $0.00. (4) All other fees in OAR 333-011-0340(4) through (20) continue to apply. (5) This rule applies to records requests received on and after June 1, 2021. Statutory/Other Authority: ORS 413.042, ORS 432.015, ORS 432.435 & ORS 432.445 Statutes/Other Implemented: ORS 432.435 & ORS 432.445 History: PH 78-2021, adopt filed 10/28/2021, effective 11/01/2021
333-012-0050 General Rules Applicable to All Programs (1) The purpose of these rules is to establish standards under which local public health authorities shall provide environmental health services to establishments and facilities licensed under ORS Chapters 446, 448 and 624. (2) Definitions: (a) "Administrative Costs" means those costs that are over the direct costs of providing delegated program services. These include actual departmental, agency or central government charges such as, but not limited to, accounting, purchasing, human resources, data management, legal council and central mail functions; (b) "Administrator" means the assistant director for the Public Health Division of the Authority or an authorized representative; (c) “Authority” means the Oregon Health Authority. (d) "Complete Inspection" means the evaluation of a licensed establishment or facility conducted at the election of the local public health authority for compliance with all applicable regulations; (e) "Consultation Services Remittance" means the biennial assessment of the Authority for consultation services and maintenance of the Foodborne Illness Prevention, Public Swimming Pool and Tourist Facility Programs; (f) "Direct Costs" mean those costs for salaries and benefits of field and support staff and their associated costs including, but not limited to, rent, vehicles and travel, equipment, data management, training, phone, office supplies and the pro-rated portion of direct costs relating to supervision; (g) "Fiscal Audit" means a comprehensive audit using standard audit procedures of the financial records of the local public health authority related to licenses and fees; (h) "Local Public Health Authority" means county governments or health districts established under ORS 431.414 that are responsible for management of local public health services; (i) "Recheck Inspection" means an inspection to determine whether specified corrections have been made or alternative procedures maintained for violations identified in previous inspections. In food service establishments, a recheck inspection also means an inspection to determine whether specific corrections have been maintained for violations creating a significantly increased risk for foodborne illness. Recheck inspections may be conducted either on pre-announced dates or unannounced. Statutory/Other Authority: ORS 446.425, 448.100 & 624.510 Statutes/Other Implemented: ORS 446.425, 448.100 & 624.510 History: PH 12-2012, f. 8-30-12, cert. ef. 9-4-12 PH 11-2011, f. & cert. ef. 10-27-11 PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11 PH 13-2004, f. & cert. ef. 4-9-04 HD 4-1996, f. & cert. ef. 9-17-96 HD 16-1995, f. 12-28-95, cert. ef. 1-1-96 HD 9-1994, f. & cert. ef. 4-1-94 HD 1-1979, f. & ef. 1-18-79 HD 105, f. & ef. 2-5-76
333-012-0060 Staffing and Training (1) The Local Public Health Authority must provide the staff, facilities, materials and equipment necessary to comply with these rules. (2) Inspections must be conducted by staff that are registered as required by ORS Chapter 700. (3) Each Local Public Health Authority must: (a) Require at least one environmental health specialist engaged in the food, tourist facility and public swimming pool programs to attend annual Authority sponsored or approved training in all three program areas; (b) Within one year of hiring, send all environmental health specialists to an orientation provided by the Authority. This requirement does not apply to staff that have previously attended the training while employed in another jurisdiction; (c) Maintain at least one environmental health specialist on staff or through contract that has a current certification from the Authority as a food service standardization officer. (A) New employees must be certified within 18 months of employment or within 18 months after becoming registered as an environmental health specialist as required in section (2) of this rule; (B) Notwithstanding the time limits specified in paragraph (3)(c)(A) of this rule, the Local Public Health Authority may develop a training plan approved by the Authority that allows for a longer time limit to comply with the certification requirement in subsection (c) of this section. (d) Maintain at least one environmental health specialist on staff or through contract that has successfully completed a NSPF Certified Pool Operator course or equivalent approved by the Authority within 24 months of employment. The Authority may waive this requirement upon request. Statutory/Other Authority: ORS 446.425, 448.100 & 624.510 Statutes/Other Implemented: ORS 446.425, 448.100 & 624.510 History: PH 12-2012, f. 8-30-12, cert. ef. 9-4-12 PH 13-2004, f. & cert. ef. 4-9-04 HD 9-1994, f. & cert. ef. 4-1-94 HD 5-1985, f. & ef. 4-25-85 Reverted to HD 1-1979, f. & ef. 1-18-79 HD 15-1980(Temp), f. & ef. 12-29-80 HD 1-1979, f. & ef. 1-18-79 HD 105, f. & ef. 2-5-76
333-012-0061 Food Handler Training The Local Public Health Authority must ensure the provision of a food handler training program using minimum criteria developed by the Authority. The Local Public Health Authority must secure Authority approval before deviating from the criteria of the training program for food handlers, and must document in a manner satisfactory to the Authority the training methods used for food handler training. Statutory/Other Authority: ORS 446.425, 448.100 & 624.510 Statutes/Other Implemented: ORS 446.425, 448.100 & 624.510 History: PH 12-2012, f. 8-30-12, cert. ef. 9-4-12 PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 PH 13-2004, f. & cert. ef. 4-9-04
333-012-0063 Record Keeping and Reporting The Local Public Health Authority must: (1) Maintain records of all administrative matters delegated under ORS 446.425, 448.100 or 624.510, including a record of the hearing, the time, date, place and copies of the complaint, all intended actions, orders, and final disposition of the proceedings and retained for at least three years. (2) At a minimum, maintain records according to the Secretary of State, Archives Division rules, OAR chapter 166, of the following: (a) Inspection reports; (b) Complaints and their disposition; (c) Communicable disease or suspected foodborne illness investigations; (d) Public swimming pool accidents; (e) License applications and licenses issued; (f) Food service inspection scores; (g) Changes in public notice placards; (h) Food handler training materials; (i) Plan review records; (j) Records of all license denials, revocations, suspensions or other temporary closures; and (k) Failed to Comply notices posted or any other enforcement actions taken. (3) Provide to the Authority program information such as inspections conducted, workload indicators, fee schedules and violation summaries on request. (4) Respond to surveys conducted by the Authority. Program information and surveys must be submitted on forms or in a format as required by the Authority. Statutory/Other Authority: ORS 446.425, 448.100 & 624.510 Statutes/Other Implemented: ORS 446.425, 448.100 & 624.510 History: PH 12-2012, f. 8-30-12, cert. ef. 9-4-12 PH 13-2004, f. & cert. ef. 4-9-04
333-012-0065 Epidemiology and Accident Investigation and Reporting The Local Public Health Authority must: (1) Investigate all suspected illnesses connected with food service facilities, public swimming pools and tourist facilities; (2) Submit reports of all investigations of confirmed illnesses to the Authority as required by OAR chapter 333, division 018; (3) Notify the Authority of investigations expected to result in confirmed foodborne illness; and (4) Investigate all reportable accidents and report the results of investigations in writing, including copies of accident reports, to the Authority. Statutory/Other Authority: ORS 446.425, 448.100 & 624.510 Statutes/Other Implemented: ORS 446.425, 448.100 & 624.510 History: PH 12-2012, f. 8-30-12, cert. ef. 9-4-12 PH 13-2004, f. & cert. ef. 4-9-04 HD 9-1994, f. & cert. ef. 4-1-94 HD 1-1979, f. & ef. 1-18-79 HD 105, f. & ef. 2-5-76
333-012-0067 Enforcement Procedures The Local Public Health Authority must: (1) Adopt and comply with rules for conducting administrative hearings for permit and license denial, suspension or revocation in accordance with the requirements of ORS Chapter 183. (2) Utilize all administrative and legal means necessary to enforce the applicable statutes and rules and implement policies relating to the programs and to eliminate conditions endangering public health or safety. Statutory/Other Authority: ORS 446.425, 448.100 & 624.510 Statutes/Other Implemented: ORS 446.425, 448.100 & 624.510 History: PH 12-2012, f. 8-30-12, cert. ef. 9-4-12 PH 13-2004, f. & cert. ef. 4-9-04
333-013-0004 Definitions The term "Blood" as used in ORS 813.010 and 813.160 means any of the following: (1) "Plasma" means the liquid portion of blood including the clotting factors, prepared by mechanical separation of the liquid from cellular components after the inhibition of the clotting process. (2) "Serum" means the liquid portion of blood minus the clotting factors, prepared by separation of the liquid from the clot upon completion of the clotting process. (3) "Whole Blood" means the fluid that circulates through the heart, arteries and veins; composed of cellular and liquid components. Statutory/Other Authority: ORS 813.160 Statutes/Other Implemented: ORS 813.010 & 813.160 History: PH 9-2012, f. & cert. ef. 6-11-12 HD 8-1989, f. & cert. ef. 9-21-89 HD 27-1988, f. & cert. ef. 12-7-88
333-014-0510 Definitions As used in OAR chapter 333, division 14: (1) "Accountability metrics" means the public health system performance measures established by the Public Health Advisory Board under ORS 431.123. (2) "Authority" means the Oregon Health Authority. (3) "Base funds" means state funds appropriated by the Legislature to the Authority and distributed to local public health authorities through the funding formula established in ORS 431.380(1)(a) for applying the foundational capabilities and implementing the foundational programs. (4) "Enforcement" means an action taken to compel the requirements of the law. (5) "Financial assistance agreement" or (FAA) means the contract entered into between the Authority and a local public health authority through which base funds and other funds are distributed to local public health authorities and which details the work a local public health authority is required to perform in consideration of those funds. (6) "Foundational capability" has the meaning given that term in ORS 431.003 and includes each capability established under ORS 431.131. (7) "Foundational program" has the meaning given that term in ORS 431.003 and includes but is not limited to each program established under ORS 431.141. (8) "Governing body of a local public health authority" has the meaning given that term in ORS 431.003. (9) "Local public health administrator" has the meaning given that term in ORS 431.003. (10) "Local public health authority" has the meaning given that term in ORS 431.003. (11) "Person" has the meaning given that term in ORS 174.100. (12) "Public Health Advisory Board (PHAB)" means the body established under ORS 431.122 for the purpose of advising and making recommendations to the Authority and the Oregon Health Policy Board. (13) "Public health law" has the meaning given that term in ORS 431A.005. Statutory/Other Authority: ORS 413.042 & 431.149 Statutes/Other Implemented: ORS 431.001 - 431.550 History: PH 31-2017, adopt filed 12/22/2017, effective 01/01/2018
333-014-0520 Local Public Health Administrators (1) An individual appointed by a local public health authority to be the local public health administrator should have the following qualifications: (a) A bachelor’s degree; and (b) Public health work experience and education that demonstrates competencies in the foundational programs as defined by ORS 431.141 and foundational capabilities as defined by ORS 431.131. (2) Upon appointment of a local public health administrator a local public health authority must provide notice of the appointment to the Authority along with a copy of the administrator’s resume or curriculum vitae. (3) A local public health authority shall employ, full-time, a local public health administrator unless the Authority approves a local public health authority’s request to permit the administrator to work less than full time. To seek approval for a less than full-time local public health administrator the governing body of a local public health authority must submit, in writing, a request for approval to the State Public Health Director with the following information: (a) The number of hours per week the local public health authority intends the administrator to work; and (b) How the administrator, if working less than full-time, can fulfill the requirements in ORS 431.418(3). (4) The Authority will inform the local public health authority in writing whether the request to have a less than full-time administrator is approved or denied and the decision will be based on whether the Authority determines that the administrator can fulfill the requirements in ORS 431.418(3) working less than full-time. Statutory/Other Authority: ORS 431.149 Statutes/Other Implemented: ORS 431.170 & 431.418 History: PH 31-2017, adopt filed 12/22/2017, effective 01/01/2018
333-014-0530 Incentives and Matching Funds (1) To the extent funds, above the base funds, are available, the Authority will make incentive and matching funds available to a local public health authority in accordance with ORS 431.380(1)(b) and (c). (2) Incentive funds may be awarded based on data that show achievement of benchmarks or improvement targets for accountability metrics. (3) Matching funds may be awarded to a local public health authority that invests in local public health activities and services above the base funding. (4) The Authority will review the accountability metrics data and local public health expenditures data submitted in accordance with OAR 333-014-0540 when making decisions regarding the award of incentives or matching funds. The data will be used to determine if the benchmarks, as recommended by PHAB, in the accountability metrics have been achieved, and the extent to which a local public health authority has invested in local public health activities and services. (5) Based on the information provided pursuant to section (4) of this rule, if funding is available, the Authority will include any incentives or matching funds in the FAA or other agreements. Statutory/Other Authority: ORS 431.149 Statutes/Other Implemented: ORS 431.170 & 431.418 History: PH 31-2017, adopt filed 12/22/2017, effective 01/01/2018
333-014-0540 Accountability Metrics (1) The Authority will consult with the PHAB as necessary to identify, update and apply accountability metrics related to the distribution of incentive and matching funds. (2) Local public health authorities will be consulted through the Conference of Local Health Officials (CLHO) on: (a) Proposed changes to accountability metrics; and (b) On the time, form and manner for reporting actual expenditure data and accountability metrics data to the Authority. (3) Local public health authorities will be notified of changes and updates to the accountability metrics when finalized by the PHAB. (4) Local public health authorities are required to report actual expenditure data and accountability metrics data if the primary data available to report is by the local public health authority, annually in a time, form and manner prescribed by the Authority, with consultation by the Conference of Local Health Officials, once the accountability metrics are finalized. Statutory/Other Authority: ORS 431.149 Statutes/Other Implemented: ORS 431.380 History: PH 31-2017, adopt filed 12/22/2017, effective 01/01/2018