justicedao/ipfs_state_laws huggingface dataset:
333-003-0020 Authority of the Public Health Director During a Public Health Emergency (1) If the Governor declares a Public Health Emergency under ORS 433.441 the Public Health Director may take any action authorized in ORS 433.443 or 431A.015. (2) If the Governor has not declared a public health emergency but the Public Health Director determines that public health actions in addition to those routinely taken by the Oregon Health Authority, the Public Health Director, the local public health authority or local public health administrator are necessary to respond to a public health threat, the Public Health Director may, with approval from the Governor or designee of the Governor, take any action authorized in ORS 431A.015. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 431A.010, ORS 431A.015 & 433.441 - 433.452 History: PH 17-2026, amend filed 02/04/2026, effective 02/05/2026 PH 8-2008, f. & cert. ef. 5-5-08 PH 25-2004, f. & cert. ef. 7-16-04
333-003-0040 Diagnostic and Treatment Protocols (1) If the Public Health Director creates diagnostic and treatment guidelines or protocols in response to an emergency under ORS 431A.015 or a declared public health emergency under 433.441, the Director shall consult with appropriate medical experts. (2) Appropriate medical experts may include but are not limited to staff at the Centers for Disease Control and Prevention, a medical advisory group, and Public Health Division staff. (3) To the extent feasible the Public Health Director shall make every effort to consult with local practicing health care providers regarding the development of diagnostic and treatment guidelines or protocols. (4) Required diagnostic and treatment guidelines or protocols issued by the Public Health Director shall be in writing, and shall be provided to health care providers, institutions and facilities by one or more of the following means: (a) Releases through print, radio or television media outlets; (b) Releases in health care provider publications when timely; or (c) Mailings, faxes, electronic mail or other electronic notification to affected health care providers, facilities and institutions. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 431A.015 & 433.44 1- 433.452 History: PH 17-2026, amend filed 02/04/2026, effective 02/05/2026 PH 7-2021, amend filed 01/25/2021, effective 01/25/2021 PH 8-2008, f. & cert. ef. 5-5-08 PH 25-2004, f. & cert. ef. 7-16-04
333-003-0050 Access to Individually Identifiable Health Information (1) During a declared public health emergency the Public Health Director and local public health administrators shall be given immediate access to individually identifiable health information. (2) If the Public Health Director has been authorized to take a public health action under ORS 431A.015, the Public Health Director may adopt reporting requirements for health care providers, institutions and facilities for the purpose of obtaining information directly related to the public health threat presented, including the reporting of individually identifiable health information for individuals with or exposed to: (a) A communicable disease; (b) A reportable disease; or (c) A condition of public health importance. (3) To the extent possible, whenever access to individually identifiable health information is needed under subsections (1) or (2) of this rule the Public Health Director or local public health administrator will provide the request for information in writing. (4) A written request for information, when provided, shall include, but is not limited to: (a) The legal authority for requiring the information; (b) An explanation of why the access to individually identifiable health information is necessary; (c) A description of the information needed; and (d) An explanation of how the information must be provided or made available to public health officials. (5) To the extent possible, the Public Health Director and local public health authority will coordinate requests for information to avoid duplicate requests to the same facility or provider. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 431A.015 & 433.441 - 433.452 History: PH 17-2026, amend filed 02/04/2026, effective 02/05/2026 PH 8-2008, f. & cert. ef. 5-5-08 PH 25-2004, f. & cert. ef. 7-16-04
333-003-0065 Civil Penalties (1) Any person or entity that fails to comply with a protocol, order, other requirement imposed by the Public Health Director under ORS 431A.010, 431A.015, or 433.443 or these rules is subject to the imposition of civil penalties not to exceed $500 per day per violation. (2) In determining the amount of a civil penalty, the Oregon Health Authority (Authority) shall consider whether: (a) The Authority made repeated attempts to obtain compliance; (b) The person or entity has a history of noncompliance with public health laws; and (c) The violation poses a serious risk to the public's health. (3) Each day a violation continues will be considered an additional violation. (4) A notice of imposition of civil penalties shall comply with ORS 183.745. Statutory/Other Authority: ORS 413.042 & 433.441 - 433.452 Statutes/Other Implemented: ORS 433.441 - 433.452 History: PH 17-2026, amend filed 02/04/2026, effective 02/05/2026 PH 11-2011, f. & cert. ef. 10-27-11 PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11 PH 8-2008, f. & cert. ef. 5-5-08
333-003-0070 Temporary Restriction of Movement (1) If the Public Health Director or the local public health administrator reasonably believes a person within the Public Health Director's or the local public health administrator's respective jurisdiction may have been exposed to a communicable reportable disease or a condition that is the basis for a declaration of a Public Health Emergency under ORS 433.441, the person may be detained for as long as necessary in order to obtain personal contact information and to convey information about the disease or condition. (2) An individual subject to temporary restriction of movement will be provided with information including but is not limited to: (a) Information on the disease or other hazard that the person may have been exposed to; (b) Symptoms of the disease or resulting from exposure to the hazard and what to do in the event such symptoms occur; and (c) How the person will be notified if it is determined that the individual was exposed to the disease or hazard. (3) Restriction of movement shall be limited to the shortest duration of time reasonably required to provide health information to the individual and for the individual to provide contact information. (4) The Oregon Health Authority or the local health public health administrator restricting movement shall use reasonable resources to deliver and collect information in a timely manner. (5) Any individual failing to comply with the provisions of this section may be subject to the imposition of a public health measure as described in ORS 433.121 or 433.123. (6) Individually identifiable contact information shall be held in a secure location and destroyed in accordance with applicable record retention schedules when no longer needed. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 433.441 - 433.452 History: PH 17-2026, amend filed 02/04/2026, effective 02/05/2026 PH 8-2008, f. & cert. ef. 5-5-08 PH 25-2004, f. & cert. ef. 7-16-04
333-003-0080 Effect of Declaration Ending Immediately upon termination of the declaration of the public health emergency, all actions taken pursuant to these rules are terminated unless an emergency related to the declaration has been proclaimed under ORS 401.055 or continuation of the actions is otherwise authorized by law. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 433.441 - 433.452 History: PH 17-2026, amend filed 02/04/2026, effective 02/05/2026 PH 8-2008, f. & cert. ef. 5-5-08 PH 25-2004, f. & cert. ef. 7-16-04
333-003-0100 Volunteer Registry: Scope The rules in OAR 333-003-0100 to 333-003-0210 pertain to the registration and deployment of health care providers and support and administrative personnel to provide health care, public health and supportive services and to the designation of emergency health care centers under ORS 401.651 to 401.670 during a declared emergency. Statutory/Other Authority: ORS 401.651 - 401.670 Statutes/Other Implemented: ORS 401.651 - 401.670 History: PH 17-2026, amend filed 02/04/2026, effective 02/05/2026 PH 17-2010, f. & cert. ef. 8-12-10 PH 26-2004, f. & cert. ef. 7-30-04
333-003-0116 Volunteer Registry: Out-of-State Health Care Providers (1) The Public Health Division (Division) may enter into agreements with other states to facilitate the registry of out-of-state health care providers in the registry established under these rules. (2) During a state of emergency declared under ORS 401.165 or a state of public health emergency proclaimed under ORS 433.441, a health care provider who is licensed, certified or otherwise authorized or permitted by the laws of another state to administer health care services and who is registered under these rules may administer health care services in this state as if the health care provider were licensed in this state. All registrants who wish to be deployed to perform within the scope of their health certification or license must comply with all emergency authorization requirements put in place by their respective Oregon regulatory and licensing body. (3) If an out of state registrant who holds a valid health license or certification is required to be licensed or otherwise authorized by an Oregon health professional regulatory board but the out of state registrant chooses not to seek such a license or authorization, they may still participate in training and exercises, receive communications and be deployed to emergencies as qualified emergency service volunteers in a non-medical capacity, at the direction of the Division, if their out of state license can be verified. Statutory/Other Authority: ORS 401.670 Statutes/Other Implemented: ORS 401.655 History: PH 17-2026, amend filed 02/04/2026, effective 02/05/2026 PH 7-2021, amend filed 01/25/2021, effective 01/25/2021 PH 17-2010, f. & cert. ef. 8-12-10
333-003-0118 Volunteer Registry: Duties of Registrants (1) A registrant is required to complete an orientation session offered or approved by the Public Health Division (Division) and complete mandatory training offered or approved by the Division including but not limited to Incident Command System training, prior to receiving an identification card. (2) A registrant has one year from the date the registrant is notified of acceptance into the registry to complete the orientation and required training or the Division shall remove the registrant’s name from the registry. (3) If the Division notifies a registrant of an activation, the registrant shall respond to the Division within 24 hours whether or not the registrant is willing to be activated and deployed in accordance with OAR 333-003-0125. (4) A registrant is required to notify the Division, as soon as practicable, but within 30 days, of the following: (a) A change in mailing address, phone number, or electronic mail address; (b) A change in licensure status, certification or registration status; (c) A change in mental or physical health that renders a registrant unable to perform services; or (d) A change in criminal history. (5) A registrant shall immediately notify the Division if a registrant's identification card is lost or stolen. The Division may replace a lost or stolen identification card and may charge a fee for the replacement card. (6) A registrant may request removal from the registry at any time by notifying the Division, in writing, of the request, and by returning the identification card described in OAR 333-003-0115. Upon receipt of such request and verification that it came from the registrant, the Division shall remove the registrant from the registry. (7) If at any time a registrant is notified by the Division that the registrant has been removed from the registry, the registrant shall return the identification card described in OAR 333-003-0115 to the Division within 10 days of the date the notification was mailed or electronically mailed. Removed registrants may re-apply at a later date subject to Division approval. (8) A registrant may only provide health care services that the registrant is competent to perform and authorized to perform under applicable laws. Statutory/Other Authority: ORS 401.670 Statutes/Other Implemented: ORS 401.654 History: PH 17-2026, amend filed 02/04/2026, effective 02/05/2026 PH 6-2012, f. 3-30-12, cert. ef. 4-1-12 PH 17-2010, f. & cert. ef. 8-12-10
333-003-0119 Volunteer Registry: Criminal Background Checks The Public Health Division shall perform criminal background checks in accordance with OAR chapter 943, division 7, or through the Oregon State Police. Statutory/Other Authority: ORS 401.670 Statutes/Other Implemented: ORS 401.654 History: PH 17-2026, amend filed 02/04/2026, effective 02/05/2026 PH 6-2012, f. 3-30-12, cert. ef. 4-1-12
333-003-0120 Volunteer Registry: Health Care Providers Not Included in the Registry A volunteer may provide emergency health care services at a designated emergency health care center if authorized to do so pursuant to the designated emergency health care center's emergency operations plan and credentialing plan. Statutory/Other Authority: ORS 401.651 - 401.670 Statutes/Other Implemented: ORS 401.651 - 401.670 History: PH 17-2026, amend filed 02/04/2026, effective 02/05/2026 PH 17-2010, f. & cert. ef. 8-12-10 PH 26-2004, f. & cert. ef. 7-30-04
333-003-0125 Volunteer Registry: Activation of Registrants (1) The Public Health Division (Division) may activate the registry and direct registrants willing to provide volunteer services to proceed to any place in Oregon where such services are required. (2) The Division may also activate the registry pursuant to the Emergency Management Assistance Compact and the Pacific Northwest Emergency Management Arrangement and direct registrants willing to provide volunteer services to proceed to another jurisdiction where such services are required by reason of the emergency or crisis in that jurisdiction. Individuals registered under ORS 401.654 are officers of the state for purposes of the Emergency Management Assistance Compact. (3) The activation of the registry may be used to support the state Emergency Coordination Center, the State Emergency Management Plan and to implement ESF 8 plans, protocols, and procedures to integrate registrants into the state and local emergency response. (4) The Division shall notify registrants of activation by phone, electronic mail, or any other means of communication. (5) The Division shall provide, at a minimum, the following to a registrant willing to be deployed: (a) A mission order; (b) A description of items needed during the deployment; and (c) If applicable, items that will be provided to a registrant. (6) A registrant willing to be deployed shall bring their registry identification card and a government issued photo identification card or document to the deployment site. (7) A registrant may decline to be deployed at the time the registrant is notified of the activation. A registrant shall remain in the registry whether or not the registrant agrees to be deployed unless the registrant notifies the Division in accordance with OAR 333-003-0118 that they want to be removed from the registry. (8) If a registrant deployed under these rules provides emergency health care services at a designated emergency health care center the registrant must provide those services in accordance with the emergency operations plan and credentialing plan adopted by the designated emergency health care center. (9) In anticipation of a declaration of emergency or during a declared emergency the Division may register individuals without complying with OAR 333-003-0115 and provide just-in-time orientation and training. Under this section the Division shall verify licensure status as quickly as possible and may issue the health care provider a temporary identification card. (10) The Division may reimburse, provide advances for, or directly pay for travel expenses for registrants. Statutory/Other Authority: ORS 401.651 - 401.670 Statutes/Other Implemented: ORS 401.651 - 401.670 History: PH 17-2026, amend filed 02/04/2026, effective 02/05/2026 PH 7-2021, amend filed 01/25/2021, effective 01/25/2021 PH 6-2012, f. 3-30-12, cert. ef. 4-1-12 PH 17-2010, f. & cert. ef. 8-12-10 PH 8-2008, f. & cert. ef. 5-5-08 PH 26-2004, f. & cert. ef. 7-30-04
333-003-0140 Volunteer Registry: Training (1) The Public Health Division (Division) may require or otherwise make available to registrants training that the Division determines necessary or beneficial to the provision of services that may be rendered by registrants pursuant to ORS 401.651 through 401.670 and these rules, including but not limited to training in the emergency response system structure, operations, emergency preparedness and table top or other emergency response exercises. The Division shall not require training that is related to a registrant's professional license. (2) A person who is registered or an applicant in accordance with OAR 333-003-0117 shall, prior to being eligible for activation and thereafter every three years, complete any training the Division requires, which may include, but is not limited to, the following training and provide documentation of completion to the Division: (a) Professional Conduct and Standards Training; and (b) Triage. Statutory/Other Authority: ORS 401.651 - 401.670 Statutes/Other Implemented: ORS 401.651 - 401.670 History: PH 17-2026, amend filed 02/04/2026, effective 02/05/2026 PH 31-2021, amend filed 07/12/2021, effective 07/16/2021 PH 7-2021, amend filed 01/25/2021, effective 01/25/2021 PH 6-2012, f. 3-30-12, cert. ef. 4-1-12 PH 17-2010, f. & cert. ef. 8-12-10 PH 26-2004, f. & cert. ef. 7-30-04
333-003-0200 Public Health Emergency Plans The Public Health Director and local public health authorities shall use an incident command system framework in their respective public health emergency plans. Statutory/Other Authority: ORS 431A.020 Statutes/Other Implemented: ORS 431A.020 History: PH 17-2026, amend filed 02/04/2026, effective 02/05/2026 PH 8-2008, f. & cert. ef. 5-5-08
333-003-1055 Declared Emergency: Waiver of Rules Applicable to Acute Care Health Care Facilities, Outpatient Renal Dialysis, Hospice, Home Heath, Emergency Medical Services, and Hemodialysis Due to Federal 1135 Waivers (1) This rule applies to: (a) Hospitals; (b) Ambulatory surgical centers; (c) Special inpatient care facilities; (d) Outpatient renal dialysis facilities; (e) Hospice; (f) Home health agencies; (g) Emergency medical services providers; (h) Ambulance service providers; and (i) Hemodialysis technicians. (2) The purpose of this rule is to ensure that the entities listed in section (1) of this rule have the flexibility to provide appropriate and necessary services during an emergency declared by the President of the United States and a Public Health Emergency declared by the Secretary for Health and Human Services, and when the Centers for Medicare and Medicaid Services (CMS) has approved temporary modifications and waivers that apply to Oregon under Section 1135 of the Social Security Act. (3) In order to accomplish the purposes identified in section (2) of this rule, all rules in OAR chapter 333, divisions 027, 035, 071, 076, 250, 255, 265, 275, 500 through 535, and 700 that are inconsistent with an § 1135 waiver issued by the CMS are suspended for all entities and facilities covered by the waivers. (4) The Oregon Health Authority (Authority), as time and resources permit, shall issue guidance concerning the rules affected by this rule. (5) The Authority shall post any guidance issued under this rule at: http://www.healthoregon.org/hflc or http://www.healthoregon.org/ems. (6) If an § 1135 waiver described in section (2) of this rule is rescinded or terminated by CMS, any rule that was suspended based on this rule will again be effective at the time the § 1135 waiver ends. Statutory/Other Authority: ORS 413.014, ORS 441.025, 441.086, 443.085, 443.860, 682.017, 688.635 & 688.650 Statutes/Other Implemented: ORS 441.025, 441.086, 443.085, 443.860, 682.017, 688.635 & 688.650 History: PH 73-2020, adopt filed 10/20/2020, effective 10/20/2020
333-003-5000 COVID-19 Related Requirements: Consent to Vaccination (1) A healthcare provider administering COVID-19 vaccinations may not require parental or guardian consent for a minor, age 15-17, who is exercising their right to consent to treatment under ORS 109.640. (2) A COVID-19 vaccine administration site may not require a healthcare provider to require parental or guardian consent for a minor age 15-17 who is exercising their right to consent to treatment under ORS 109.640. (3) For the purposes of this rule: (a) "Healthcare provider" means any health practitioner described in ORS 109.640 who is authorized to order COVID-19 vaccinations, or any individual administering a COVID-19 vaccine who is acting under the authority of a practitioner described in ORS 109.640 or at the direction of a practitioner described in ORS 109.640. (b) "COVID-19 vaccine administration site" means any location where COVID-19 vaccines are administered. (4) The Authority may impose civil penalties up to $500 per day per violation on a person or governmental entity operating a COVID-19 vaccine administration site or a healthcare provider for violating this rule. (5) Each instance of a minor, age 15-17 who is exercising their right to consent to treatment under ORS 109.640 who is denied a COVID-19 vaccine or for whom consent from a parent or guardian was required is a separate violation of this rule. (6) Any civil penalties imposed by the Authority shall be imposed in accordance with ORS chapter 183.745. Statutory/Other Authority: ORS 109.640, ORS 413.042, ORS 431A.005, ORS 431A.010, ORS 433.004 & ORS 431.110 Statutes/Other Implemented: ORS 431A.005, ORS 431A.010 & ORS 433.004 History: PH 82-2021, adopt filed 11/22/2021, effective 11/22/2021 PH 21-2021, temporary adopt filed 05/27/2021, effective 05/27/2021 through 11/22/2021
333-004-3000 Description of Oregon Reproductive Health Program (RH Program) (1) The Oregon Reproductive Health Program (the RH Program) resides within the Adolescent Health, ScreenWise, and Reproductive Health Section, in the Center for Prevention and Health Promotion of the Oregon Health Authority’s Public Health Division. (2) The RH Program is dedicated to ensuring people in Oregon have access to high-quality reproductive and sexual health services, knowledge, and resources through partnerships with clinics, community organizations, and policy makers. The RH Program commits to working towards racial equity by addressing racism, acknowledging implicit bias, and shifting how it operates. (3) The RH Program establishes standards of care for the provision of reproductive health services for agencies certified with the RH Program, establishes program requirements for agencies certified with the RH Program, and administers the Reproductive Health Access Fund (RH Access Fund). (4) The purpose of these rules is to establish program requirements for agencies certified with the RH Program for the provision of clinical services; define client eligibility and enrollment; and define covered services under the RH Access Fund. Statutory/Other Authority: ORS 413.042, ORS 414.432, ORS 431.147, ORS 431.149, ORS 435.205 & ORS 435.230 Statutes/Other Implemented: ORS 414.432, ORS 431.147, ORS 413.032, ORS 435.205 & ORS 435.230 History: PH 83-2024, minor correction filed 11/26/2024, effective 11/26/2024 PH 1-2023, minor correction filed 01/04/2023, effective 01/04/2023 PH 185-2022, minor correction filed 09/07/2022, effective 09/07/2022 PH 84-2020, adopt filed 12/18/2020, effective 01/01/2021