justicedao/ipfs_state_laws huggingface dataset:
333-024-0345 Testing for Substances of Abuse: Confirmatory Testing (1) When the substances of abuse screening laboratory obtains a positive test result and the submitter indicates the result is to be used to deprive or deny any person any employment or any benefit, that same specimen must be submitted and confirmed prior to the release of the screening results. When performed within the State of Oregon, the confirmatory testing shall be by a clinical laboratory licensed under ORS 438.110 and 438.150 or certified under the Clinical Laboratory Improvement Amendments of 1988, Public Law 100-578, 42 U.S.C. 201 and 263a for that testing. The confirmatory testing shall be as described in section (4) of this rule. (2) The administrator of the Division shall appoint a substances of abuse methods panel to recommend approval of methods used to confirm the presence of substances of abuse. The panel shall be composed of individuals from laboratories performing substances of abuse testing and shall include, but not be limited to, representatives from the Oregon State Police Crime Laboratory, laboratories licensed under ORS Chapter 438, and the Oregon Health Sciences University. (3) Any scientifically tested method for substances of abuse analysis may be submitted to the Division, for approval, by written request from a manufacturer, laboratory, or other party. Each candidate method shall be evaluated as to its capacity for accuracy by the panel, with recommendation based thereon, by one or more of the following means: (a) Government or independent studies of the method's accuracy; (b) Comparative data on proficiency test performance of various methods; (c) Application of the method by panel members in performance of analysis; or (d) Other means as determined by the Division. (4) The following methods of chemical analysis to determine substances of abuse have been approved: (a) Chromatography; (b) Immunoassay; (c) Spectroscopy; (d) Mass spectroscopy. (5) The confirmatory test shall be performed by a different analytical method from that used for the initial screening test. Statutory/Other Authority: ORS 438.050, 438.130, 438.435(4), 438.435(5) & 438.435(6) Statutes/Other Implemented: ORS 438.435 History: OHD 9-2000, f. & cert. ef. 11-3-00 HD 5-1992, f. & cert. ef. 5-15-92 HD 28-1988, f. & cert. ef. 12-7-88
333-024-0350 Testing for Substances of Abuse: Equipment and Facilities (1) All equipment shall be maintained in good working order, checked routinely, and precisely calibrated. (2) Work bench space shall be ample, clean, well-organized, well-lighted, and convenient to sink, water and electrical outlets. (3) The SOA laboratory shall be ventilated to protect the health of the personnel and patients against accidental release of hazardous vapors or aerosols. (4) The premises shall be free from unnecessary physical, chemical, and biological hazards. (5) Electrical equipment shall be maintained in a safe condition with regards to shock and fire hazards. All electrical equipment, except battery operated, shall be grounded. Protective fuses shall not be bypassed. (6) Caustic, explosive and flammable materials shall carry labels to indicate their nature and shall be placed in containers and stored in locations which are suitable to ensure stability, purity, and safety as is necessary regarding the material involved. Statutory/Other Authority: ORS 438.435 Statutes/Other Implemented: ORS 438.435 History: PH 11-2026, minor correction filed 01/07/2026, effective 01/07/2026 HD 6-1995, f. & cert. ef. 9-13-95 HD 28-1988, f. & cert. ef. 12-7-88
333-024-0370 Health Screen Testing: Purpose OAR 333-024-0370 through 333-024-0400 are for the purpose of carrying out ORS 438.010(8); 438.060; 438.130(2); 438.150(5), (6) and (7). The purpose of the rules is to regulate the quality of health screen testing and to govern the issuance of permits to perform this type of testing. Statutory/Other Authority: ORS 438.010(10), 438.060, 438.130(2), 438.150(5), (6) & (7) Statutes/Other Implemented: ORS 438.060, 438.130, 438.150 & 438.310 History: OHD 9-2000, f. & cert. ef. 11-3-00 HD 16-1990, f. & cert. ef. 6-15-90
333-024-0375 Health Screen Testing: Definitions Except as provided in this section, definitions in OAR 333-024-0010 are applicable to OAR 333-024-0370 through 333-024-0400. Additionally: (1) "Clinician" means a nurse practitioner licensed and certified by the Oregon State Board of Nursing, or a physician associate licensed by the Board of Medical Examiners for the State of Oregon. (2) "Health Screen Testing" means tests performed without a physician’s or clinicians’s order for the purpose of identifying health risks, providing health information, and referring the person being tested to medical care. (3) "Health Screen Testing Service" means a service providing health screen testing. (4) "Health Screen Testing Site" means the permanent location, temporary site or mobile vehicle where health screen testing is performed. (5) "Human Chorionic Gonadotropin (HCG)" means a hormone produced by the placenta which appears in serum and urine and may be an indication of pregnancy. (6) "Operator" means the person (e.g., individual, corporation, political subdivision, etc.) which operates the health screen testing service. (7) "Person" includes individuals, corporations, associations, firms, partnerships and joint stock companies. (8) "Pertinent Laboratory Experience" means the activity of performing laboratory testing or directing the performance of testing in human clinical chemistry. (9) "Site Day" means the 24-hour period during which, either all or part of the time, testing is performed at a specific location. Statutory/Other Authority: ORS 438.010(10), 438.060, 438.130(2), 438.150(5), (6) & (7) Statutes/Other Implemented: ORS 438.010, 438.060, 438.130 & 438.150 History: PH 66-2024, minor correction filed 06/06/2024, effective 06/06/2024 OHD 9-2000, f. & cert. ef. 11-3-00 HD 6-1995, f. & cert. ef. 9-13-95 HD 16-1990, f. & cert. ef. 6-15-90
333-024-0385 Health Screen Testing: Testing Site Schedule The health screen testing service shall, in writing, notify the Oregon Health Authority, Oregon State Public Health Laboratory (OSPHL) of the proposed testing site schedule. The schedule must be received at the OSPHL, at least 15 days prior to testing at each site. All changes and cancellations regarding this schedule must be reported to the OSPHL prior to testing date. Statutory/Other Authority: ORS 438.010, ORS 438.060 & ORS 438.150 Statutes/Other Implemented: ORS 438.150 History: PH 12-2026, minor correction filed 01/07/2026, effective 01/07/2026 HD 20-1994, f. & cert. ef. 7-20-94 HD 16-1990, f. & cert. ef. 6-15-90
333-024-0395 Health Screen Testing: Tests Performed (1) The health screening testing service may perform only test procedures of waived or moderate complexity, as defined in OAR 333-024-010(24) and (16), from the following list of allowed tests. (a) Blood hemoglobin; (b) Packed red cell volume; (c) Total cholesterol; (d) Blood glucose; (e) Blood in feces; (f) Human chorionic gonadotropin; (g) High density lipoprotein cholesterol. If the test is performed outside of a licensed clinical laboratory, only procedures not requiring a pre-precipitation step may be used; (h) Triglyceride, only after an individual has fasted for 12 to 16 hours; (i) Low density lipoprotein cholesterol by automated calculation using the Friedenwald equation. (2) Permitted or licensed health screen testing services may perform testing defined in OAR 333-024-0395(1) at the patient’s request, without an order from a physician or clinician. Statutory/Other Authority: ORS 438.010(10), 438.060, 438.130(2), 438.150(5), (6) & (7) Statutes/Other Implemented: ORS 438.150 History: OHD 20-2001, f. & cert. ef. 9-14-01 HD 6-1995, f. & cert. ef. 9-13-95 HD 20-1994, f. & cert. ef. 7-20-94 HD 16-1990, f. & cert. ef. 6-15-90
333-024-1000 Newborn Screening: Purpose (1) Newborn screening identifies conditions and diseases that may not be clinically evident in the first few days or weeks of an infant’s life but can affect an infant’s long-term health or survival. If these conditions are detected early, they can be diagnosed, and appropriate intervention can prevent death or lessen or prevent disability. In Oregon, all infants are required to be screened, except for those whose parent or legal guardian opt out because of their religious or philosophical beliefs. The Oregon State Public Health Laboratory performs this newborn screening testing and provides the results to those designated on the testing form as responsible for the health and medical care of the infant so that they can undertake the necessary confirmatory diagnostic testing and medical follow-up. To obtain more information about Newborn Bloodspot Screening go to www.healthoregon.org/nbs. (2) These rules do not apply to newborn hearing screening, congenital heart defect screening, or other "point of care" newborn screening tests. Statutory/Other Authority: ORS 413.042 & ORS 433.110 - 433.770 Statutes/Other Implemented: ORS 433.110 - 433.770 History: PH 25-2025, amend filed 12/30/2025, effective 01/01/2026 PH 77-2024, amend filed 10/29/2024, effective 11/20/2024 PH 24-2019, amend filed 11/18/2019, effective 11/25/2019 PH 283-2018, adopt filed 12/20/2018, effective 01/01/2019
333-024-1010 Newborn Screening: Definitions As used in OAR 333-024-1000 to 333-024-1110: (1) "Abnormal result" means a laboratory examination result that meets the screening criteria for a newborn screening panel condition requiring additional screening or diagnostic testing and medical follow-up. (2) "Clinical Laboratory Improvement Amendments (CLIA)" means the rules that apply to clinical laboratories in OAR 333-024-0005 to 333-024-0055. (3) "Facility" means: (a) Hospitals and freestanding birthing centers; and (b) Health care clinics and offices where practitioners and other health care professionals provide direct medical care to newborns or infants six months or younger. (4) "Freestanding birthing center" has the meaning given that term in ORS 442.015. (5) "Higher-tier testing" means additional testing performed after screening on the same specimen for the purpose of reducing the number of false-positive results reported for a given disorder. (6) "Hospital" has the meaning given that term in ORS 442.015 (7) "Kit" means the specimen collection card (also known as the filter paper collection device) and the attached demographic form for the purposes of collection and submission of specimens for newborn screening. (8) "Newborn screening panel" means the specific medical conditions screened for under OAR 333-024-1070 by the Oregon State Public Health Laboratory or a laboratory under contract with the Oregon Health Authority. (9) "Oregon State Public Health Laboratory" means the laboratory of the Oregon Health Authority that is CLIA certified, that performs testing pursuant to ORS 431A.750 and 433.285. (10) "PCR" means polymerase chain reaction. (11) "Practitioner" means: (a) A physician licensed under ORS chapter 677; (b) A naturopathic physician licensed under ORS chapter 685; (c) A nurse practitioner or advanced practice registered nurse licensed under ORS chapter 678; (d) A direct entry midwife licensed under ORS chapter 687; (e) A chiropractic physician licensed under ORS chapter 684; and (f) For purposes of OAR 333-024-1020(1) and OAR 333-024-1025(1) only, a licensed or unlicensed individual who takes responsibility for delivery or the health care of an infant born in Oregon; or being none, the individual in Oregon responsible for the health care of a pregnant person prior to the infant being born in Oregon. (12) "Residual specimen" means the part of the specimen that is left after newborn screening testing activities are complete. (13) "Specimen" means a blood specimen obtained from an infant by means of skin-puncture (heel stick) and placed on the specimen collection card and allowed to air dry. (14) "These rules" means OAR 333-024-1000 through 333-024-1110. Statutory/Other Authority: ORS 413.042 & ORS 433.110 - 433.770 (as amended by 2025 OL, Chapter 203) Statutes/Other Implemented: ORS 433.110 - 433.770 (as amended by 2025 OL, Chapter 203) History: PH 22-2025, amend filed 10/30/2025, effective 11/01/2025 PH 77-2024, amend filed 10/29/2024, effective 11/20/2024 PH 24-2019, amend filed 11/18/2019, effective 11/25/2019 PH 283-2018, adopt filed 12/20/2018, effective 01/01/2019
333-024-1020 Newborn Screening: Persons Responsible for Ensuring that First Specimens are Collected and Submitted (1) The following, in order of priority, are responsible for ensuring that first specimens are collected and submitted in accordance with this rule: (a) Facilities (hospitals, freestanding birthing centers, or health care clinics), if the infant is born at this location. (b) A facility or practitioner who assisted with delivery or is responsible for the infant’s medical care within the first 48 hours of life. (c) Parents or legal guardians of the infant when the birth is unattended by a practitioner. (2) The persons described in section (1) of this rule must ensure that specimens are collected within the time frames and in the manner described in OAR 333-024-1030 to 333-024-1040. Statutory/Other Authority: ORS 413.014, 433.285 & 431A.750 Statutes/Other Implemented: ORS 433.285, 433.290 & 433.295 History: PH 77-2024, amend filed 10/29/2024, effective 11/20/2024 PH 83-2022, amend filed 05/25/2022, effective 06/01/2022 PH 24-2019, amend filed 11/18/2019, effective 11/25/2019 PH 283-2018, adopt filed 12/20/2018, effective 01/01/2019
333-024-1025 Newborn Screening: Persons Responsible for Ensuring that Second, Third and Repeat Specimens are Collected and Submitted (1) The following, in order of priority, are responsible for ensuring that the second specimens, and when applicable, third or repeat specimens, are collected and submitted in accordance with this rule: (a) A facility or practitioner responsible for the care of an infant at any time during the first six months of life. (b) A parent or legal guardian. (2) The persons described in section (1) of this rule must ensure that specimens are collected within the timeframes and in the manner described in OAR 333-024-1030 to 333-024-1040. (3) A person who is responsible for collecting and submitting the second or third specimen must either obtain the remaining specimen card(s) from the person who collected and submitted the first specimen or obtain a single specimen card from the Oregon State Public Health Laboratory as described in OAR 333-024-1100. Statutory/Other Authority: ORS 413.014, 433.285 & 431A.750 Statutes/Other Implemented: ORS 433.285, 433.290 & 433.295 History: PH 77-2024, amend filed 10/29/2024, effective 11/20/2024 PH 83-2022, amend filed 05/25/2022, effective 06/01/2022 PH 24-2019, amend filed 11/18/2019, effective 11/25/2019 PH 283-2018, adopt filed 12/20/2018, effective 01/01/2019
333-024-1030 Newborn Screening: Timing for Collecting Specimens (1) The facility or individual responsible for collecting specimens for newborn screening under OAR 333-024-1020 and OAR 333-024-1025 must collect newborn screening specimens from every infant born in Oregon, and surviving more than two days, unless exempt according to OAR 333-024-1050, as follows: (a) The first specimen shall be collected as soon as possible after 24 hours of age but before 48 hours of age. (b) The second specimen shall be collected between 10 and 14 days of age. (c) Premature (babies born at <34 weeks gestation age) or low birth weight babies (babies born weighing <2000 grams) require an additional specimen collection at approximately 28 days of age. (d) Additional, repeat specimens shall be collected if requested by the Oregon State Public Health Laboratory and submitted according to the timeline identified by the Oregon State Public Health Laboratory. (2) If an infant under six months of age enters the care of a practitioner and the practitioner is unable to determine whether the infant has been tested in accordance with these rules, a specimen shall be collected and sent to the Oregon State Public Health Laboratory within two weeks of the first visit to the practitioner. Statutory/Other Authority: ORS 413.042 & ORS 433.110 - 433.770 (as amended by 2025 OL, Chapter 203) Statutes/Other Implemented: ORS 433.110 - 433.770 (as amended by 2025 OL, Chapter 203) History: PH 22-2025, amend filed 10/30/2025, effective 11/01/2025 PH 77-2024, amend filed 10/29/2024, effective 11/20/2024 PH 24-2019, amend filed 11/18/2019, effective 11/25/2019 PH 283-2018, adopt filed 12/20/2018, effective 01/01/2019
333-024-1040 Newborn Screening: Manner of Collecting and Submitting Specimens A person responsible for submitting specimens to the Oregon State Public Health Laboratory under OAR 333-024-1020 and OAR 333-024-1025 must: (1) Collect the specimens: (a) Using kits available from the Oregon State Public Health Laboratory; and (b) According to OAR 333-024-1030. (2) Provide the Oregon State Public Health Laboratory with complete, accurate, and legible demographic information as requested on the demographics portion of the kit, which includes information that identifies the individual(s) who are responsible for the medical care and treatment of the infant and for responding to testing results generated by newborn screening. (3) Send specimens for newborn screening to the Oregon State Public Health Laboratory as soon as they are completely dry and no later than 24 hours after collection. (4) Ensure that specimens for newborn screening are sent via courier, express mail, or other timely delivery mechanism and received by Oregon State Public Health Laboratory within 48 hours after collection. (5) The facility or individual responsible for collecting specimens for newborn screening under OAR 333-024-1020 and OAR 333-024-1025 must submit a specimen collection card (kit) for all infants born in Oregon. If no blood is collected, the persons responsible for collecting specimens under OAR 333-024-1020 to 333-024-1025 must still complete the demographic information and submit the card to the Oregon State Public Health Laboratory. In the case of a parent or legal guardian opting out of screening, the Objection to Newborn Screening Blood Test form completed under OAR 333-024-1050 must accompany the card. Statutory/Other Authority: ORS 413.042 & ORS 433.110 - 433.770 Statutes/Other Implemented: ORS 433.110 - 433.770 History: PH 25-2025, amend filed 12/30/2025, effective 01/01/2026 PH 77-2024, amend filed 10/29/2024, effective 11/20/2024 PH 83-2022, amend filed 05/25/2022, effective 06/01/2022 PH 24-2019, amend filed 11/18/2019, effective 11/25/2019 PH 283-2018, adopt filed 12/20/2018, effective 01/01/2019
333-024-1050 Newborn Screening: Religious or Philosophical Exemption from Newborn Testing (1) A parent or legal guardian may opt not to have their infant screened in accordance with these rules because of religious or philosophical beliefs opposed to such testing. To claim such an exemption, the parent or legal guardian must complete an Objection to Newborn Screening Blood Test on behalf of the infant on a form prescribed by the Oregon State Public Health Laboratory. (2) The parent or legal guardian must sign the Objection to Newborn Screening Blood Test. Statutory/Other Authority: ORS 413.042 & ORS 433.110 - 433.770 Statutes/Other Implemented: ORS 433.110 - 433.770 History: PH 25-2025, amend filed 12/30/2025, effective 01/01/2026 PH 24-2019, amend filed 11/18/2019, effective 11/25/2019 PH 283-2018, adopt filed 12/20/2018, effective 01/01/2019
333-024-1060 Newborn Screening: Improperly Collected Specimens (1) If a specimen contains insufficient blood, is contaminated or found to be otherwise unsuitable for testing, the Oregon State Public Health Laboratory will notify the practitioner(s) or facility identified as responsible for collecting and submitting the specimen (OAR 333-024-1020 and OAR 333-024-1025) that the specimen submitted is unsuitable for testing and that a repeat specimen must be collected. (2) T he practitioner(s) or facility identified as responsible for collecting and submitting the specimen shall collect and submit the repeat specimen to the Oregon State Public Health Laboratory in accordance with OAR 333-024-1030 and OAR 333-024-1040 no later than seven calendar days from receiving the notice. Statutory/Other Authority: ORS 413.014, 431A.750 & 433.285 Statutes/Other Implemented: ORS 433.285, 433.290 & 433.295 History: PH 77-2024, amend filed 10/29/2024, effective 11/20/2024 PH 7-2020, amend filed 01/14/2020, effective 02/01/2020 PH 283-2018, adopt filed 12/20/2018, effective 01/01/2019
333-024-1080 Newborn Screening: Result Reporting and Follow-up (1) Newborn screening results will be reported by the Oregon State Public Health Laboratory to the following persons responsible for the medical care and treatment of the infant, in order of priority: (a) The individual or individuals identified as responsible on the kit as required in OAR 333-024-1040(2); or (b) The facility or practitioner that collected and submitted the specimen if no individual is identified on the kit as required in OAR 333-024-1040(2); (2) Abnormal results will be reported by the Oregon State Public Health Laboratory as described in section (1) and to a medical specialist on contract with the Oregon State Public Health Laboratory to provide medical advice to the practitioner for the newborn screening condition with an abnormal test result. (3) A parent or legal guardian may be contacted by the Oregon State Public Health Laboratory or by a medical specialist on contract with the Oregon State Public Health Laboratory in the event that a practitioner responsible for the medical care of the infant cannot be identified by other means. (4) The practitioner must communicate abnormal results to the parent or legal guardian of the infant and recommend appropriate medical care. (5) When diagnostic testing is ordered following the recommendations of a medical specialist on contract with the Oregon State Public Health Laboratory, the practitioner must report these test results to the Oregon State Public Health Laboratory within two weeks of the final diagnosis determination. (6) Practitioner(s) must report to the Oregon State Public Health Laboratory newborn screening conditions that were not detected during newborn bloodspot screening but were detected through other testing. Statutory/Other Authority: ORS 413.042 & ORS 433.110 - 433.770 Statutes/Other Implemented: ORS 433.110 - 433.770 History: PH 25-2025, amend filed 12/30/2025, effective 01/01/2026 PH 77-2024, amend filed 10/29/2024, effective 11/20/2024 PH 7-2020, amend filed 01/14/2020, effective 02/01/2020 PH 283-2018, adopt filed 12/20/2018, effective 01/01/2019