justicedao/ipfs_state_laws huggingface dataset:
333-081-0070 Records (1) A NARRO must keep and maintain a legible, reproducible record of each donor from whom it obtains anatomical material. This record must include at least the following: (a) Documentation showing that the donor donated the anatomical material for the purpose of research or education. However, if the decision to donate is made after the donor’s death, documentation that the donation was made by a person authorized to make an anatomical gift under the process set out in ORS 97.965 and that this person donated the anatomical material for the purpose of research or education is required; (b) The name, address and phone number of each person that had possession of the donor’s anatomical material before the organization took possession of the anatomical material; (c) Documentation of the disposition of the donor’s anatomical material by the NARRO, including the name, address and phone number of each person to whom it provides anatomical material from the donor; and (d) A copy of the disclosure given to a relative or personal representative of the donor if any anatomical material is returned to them as required by OAR 333-081-0075(2). (2) The NARRO must keep and maintain a legible, reproducible record of the notice required by ORS 438.715(4) and OAR 333-081-0075 and provided to each individual from whom the NARRO agrees to accept an offer of the donation of anatomical material. If an offer of anatomical material is not subsequently rescinded or rejected, this record must be included in the donor record for each individual. (3) The records required by sections (1) and (2) of this rule must be kept and maintained by the NARRO for a minimum of 10 years from the date that the NARRO takes possession of the donor’s anatomical material and shall be kept and maintained in the following manner: (a) It must be kept in a manner that renders it easily and completely retrievable; (b) Reasonable precautions must be taken to protect the record from unauthorized access and from destruction including, but not limited to, fire, water, and theft; (c) Authorized employees of the Division must be permitted to review the records upon request; (d) If a NARRO changes ownership, all records must remain with the successor NARRO and it shall be the responsibility of the new owner to protect and maintain these records; and (e) Before a NARRO terminates its business, it must notify the Division where the records will be stored and, if the location changes, those responsible must notify the Division of each successive location. Statutory/Other Authority: ORS 438.710 & 438.720 Statutes/Other Implemented: ORS 438.705-438.720 & 438.994 History: PH 6-2014, f. 1-30-14, cert. ef. 2-1-14
333-081-0075 Notice (1) As required by ORS 438.715(4), when a NARRO accepts an offer from an individual to donate anatomical material it must provide that individual notice that clearly explains: (a) How the NARRO intends to dispose of the anatomical material if donated, and whether and how any anatomical material may be returned; (b) Whether or not the NARRO guarantees the coverage of costs related to transporting and disposing of the anatomical material and, if all costs will not be covered, what costs will be the responsibility of the individual making the donation; and (c) What costs will be covered by the NARRO and what costs will be the responsibility of the individual making the donation if the individual or relative or personal representative subsequently rescinds, or the NARRO later rejects, the offer of anatomical material. (2) If a NARRO returns any anatomical material to a relative or personal representative of a donor, the NARRO must provide that person with a notice that discloses whether all or part of the donor’s body is being returned. (3) The notice required by sections (1) and (2) of this rule must be in writing and be printed in at least 14-point type. Statutory/Other Authority: ORS 438.710 & 438.720 Statutes/Other Implemented: ORS 438.705-438.720 & 438.994 History: PH 6-2014, f. 1-30-14, cert. ef. 2-1-14
333-081-0080 NARRO Duties In addition to the requirements set out in these rules, a NARRO 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. This requirement does not apply to anatomical material that the NARRO has recovered or distributed for research or educational purposes. Statutory/Other Authority: ORS 438.710 & 438.720 Statutes/Other Implemented: ORS 438.705-438.720 & 438.994 History: PH 6-2014, f. 1-30-14, cert. ef. 2-1-14
333-081-0085 Informal Enforcement (1) If during an investigation or survey Division staff document violations of NARRO licensing rules or laws, the Division may issue a statement of deficiencies that cites the law or rule alleged to have been violated and the facts supporting the allegation. (2) Upon receipt of a statement of deficiencies, a NARRO shall be provided an opportunity to dispute the Division’s survey findings but must still comply with sections (3) and (4) of this rule. The following conditions apply: (a) If a NARRO desires an informal conference to dispute the Division’s survey findings, the NARRO must submit a request in writing to the Division within 10 business days after receipt of the statement of deficiencies. The written request must include a detailed explanation of why the NARRO believes the statement of deficiencies is incorrect; (b) A NARRO may not seek a delay of any enforcement action against it on the grounds the informal dispute resolution has not been completed; and (c) If a NARRO is successful in demonstrating some or all of the deficiencies should not have been cited, the Division must withdraw or reissue the statement of deficiencies, removing such deficiencies and rescinding or modifying any remedies issued for such deficiencies. A reissued statement of deficiencies must include a statement that it supersedes the previous statement of deficiencies and shall clearly identify the date of the superseded statement of deficiencies. (3) A signed plan of correction from a NARRO must be mailed to the Division within 10 business days from the date the statement of deficiencies was received by the NARRO. A signed plan of correction will not be used by the Division as an admission of the violations alleged in the statement of deficiencies. (4) A NARRO must correct all deficiencies within 60 days from the date of the receipt of the statement of deficiencies, unless an extension of time is granted by the Division. A request for such an extension must be submitted in writing and must accompany the plan of correction. (5) The Division must determine if a written plan of correction is acceptable. If the plan of correction is not acceptable to the Division, the Division must notify the NARRO owner or administrator in writing: (a) Identifying which provisions in the plan the Division finds unacceptable; (b) Citing the reasons the Division finds the provisions unacceptable; and (c) Requesting that the plan of correction be modified, resubmitted and received by the Division no later than 10 business days from the date notification of non-compliance was received by the NARRO owner or administrator. (6) If the NARRO does not come into compliance by either the date of correction reflected in the plan of correction or a Division approved extension as provided for in section (4) of this rule, or 60 days from the date of receipt of the statement of deficiencies, whichever is sooner, the Division may propose to deny, suspend or revoke the agency license or impose civil penalties. Statutory/Other Authority: ORS 438.710 & 438.720 Statutes/Other Implemented: ORS 438.705-438.720 & 438.994 History: PH 6-2014, f. 1-30-14, cert. ef. 2-1-14
333-081-0090 Formal Enforcement (1) If during an investigation or survey Division staff document ongoing or substantial failure to comply with NARRO laws or rules, or if a NARRO fails to pay a civil penalty imposed under ORS 438.994(1) and these rules, the Division may issue a Notice of Proposed Suspension or Notice of Proposed Revocation in accordance with ORS 183.411 through 183.470. (2) The Division may impose civil penalties for violations of ORS 438.710 or 438.715 or these rules, in accordance with ORS 183.745. Civil penalties imposed under this rule shall not exceed $1000 per violation. (3) At any time the Division may issue a Notice of Emergency License Suspension under ORS 183.430. (4) If the Division revokes a NARRO license, the order shall specify when, if ever, the NARRO may reapply for a license. Statutory/Other Authority: ORS 438.710 & 438.720 Statutes/Other Implemented: ORS 438.705-438.720 & 438.994 History: PH 6-2014, f. 1-30-14, cert. ef. 2-1-14
333-090-0110 Purpose, Allocation, and Eligibility (1) Grant program recipients may only use awarded funds to repair or rehabilitate existing residences. (2) Grant program recipients may not use awarded funds to acquire real estate. (3) The Oregon Health Authority (Authority) may set aside funding to ensure resources remain available for specific uses and for specific populations. (4) Grant program recipients may only use awarded funds for repair and rehabilitation actions as identified in OAR 333-090-0100 and in ORS 431A.400, except that awarded funds may be used for administrative expenses and program delivery costs as permitted in the grant agreement and by these rules. (5) The grant program recipient may not use more than 20 percent of awarded funds for administrative expenses unless the grant program recipient is a Federally Recognized Tribe in Oregon with a current and valid federally negotiated indirect cost rate agreement. (6) The Authority is not obligated to disperse all available Healthy Homes Grant Program (Program) funds in any given grant cycle. (7) Grant awards are subject to the availability of Program funds. (8) An applicant must satisfy the eligibility requirements in ORS 431A.400(3) to be eligible for a grant award. Statutory/Other Authority: ORS 431A.400 Statutes/Other Implemented: ORS 431A.400 History: PH 12-2025, amend filed 06/24/2025, effective 06/30/2025 PH 120-2024, temporary amend filed 12/22/2024, effective 01/01/2025 through 06/29/2025 PH 74-2024, amend filed 10/10/2024, effective 10/29/2024 PH 41-2023, adopt filed 09/13/2023, effective 09/15/2023
333-090-0130 Performance of Grantees, Record Keeping, Compliance Monitoring, and Reporting (1) A grant program recipient must maintain financial and accounting records as identified in the grant agreement. (2) To ensure proper compliance and monitoring of grants, grant program recipients must: (a) Upon request, provide the Authority access to and copies of all electronic or hardcopy accounts, documents, audits, and records related to the grant. Access or copies must be provided in accordance with a reasonable deadline provided by the Authority in writing. (b) Cooperate fully in any project inspections or other monitoring actions taken by the Authority. (c) Retain and maintain accessibility of all grant records and data required by the grant agreement or as requested by the Authority, for a period of no less than five years. (3) Each grant program recipient must report to the Authority by June 30 of each year concerning the status and use of awarded funds in the manner described in the grant agreement. (4) The Authority shall monitor grant program recipients’ compliance with terms in the grant agreement and these rules. (5) Grant program recipients, except for Federally Recognized Tribes in Oregon, may be required to utilize restrictive covenants or other affordability protection measures to ensure the ongoing affordability of housing rehabilitated using Healthy Homes Grant Program funding, as described in the grant agreement. Statutory/Other Authority: ORS 431A.400 Statutes/Other Implemented: ORS 431A.400 History: PH 12-2025, amend filed 06/24/2025, effective 06/30/2025 PH 120-2024, temporary amend filed 12/22/2024, effective 01/01/2025 through 06/29/2025 PH 41-2023, adopt filed 09/13/2023, effective 09/15/2023
333-090-0140 Standards for Repair and Rehabilitation Activities (1) Grant program recipients, except for Federally Recognized Tribes in Oregon, must ensure that repair and rehabilitation activities comply with contractor licensing requirements listed in ORS chapter 701 and any applicable state or local jurisdictional permitting processes. (2) Grant program recipients, except for Federally Recognized Tribes in Oregon, must comply with any applicable standards, such as performance or efficiency ratings for equipment purchased using awarded funds, as required in the grant agreement between the Oregon Health Authority and the grant program recipient. Statutory/Other Authority: ORS 431A.400 Statutes/Other Implemented: ORS 431A.400 History: PH 12-2025, amend filed 06/24/2025, effective 06/30/2025 PH 120-2024, temporary amend filed 12/22/2024, effective 01/01/2025 through 06/29/2025 PH 41-2023, adopt filed 09/13/2023, effective 09/15/2023
333-095-0000 Definitions As used in OAR 333-095-0000 through 333-095-0030, unless the context requires otherwise: (1) “Administrator” means the Administrator of the Oregon Public Health Division or any authorized representative. Authorized representatives include employees of the Public Health Division and employees of the affected county health agency having jurisdiction. (2) “Division” means the Public Health Division of the Oregon Health Authority. (3) “Dwelling” means any enclosed space that is wholly or partially used or intended to be used for living, sleeping, cooking, or eating purposes by humans, and includes all grounds and other buildings on the affected property. (4) “Imminent Hazard” means a condition or combination of conditions such that a person or persons are potentially exposed to lead containing materials that are likely to cause acute illness or serious impairment. (5) “Inspection” means an on-site investigation that may include visual observations, interviews with persons, technical tests and measurements, documentation of conditions, taking of photographs, and collection of samples for testing elsewhere. (6) “Lead Hazard” means any condition or combination of conditions in which metallic lead, combined lead or ionic lead is present in or around a dwelling and could potentially be inhaled or ingested by persons. (7) “Owner” and “Operator” mean any person or persons who jointly or severally hold legal title to or are purchasing any dwelling or premise on contract; or who are responsible for the care or control of any dwelling or premise as owner, agent of the owner, executor, administrator, trustee, or guardian. For purposes of public ownership, “owner” is defined as the chief executive officer of the government entity which owns, leases or otherwise controls the property. (8) “Person” means any individual, partnership, association, firm, corporation, or joint venture; and includes agencies of municipal, county, state and federal government. (9) “Premise” or “Premises” means any dwelling or other place of habitation; school; care facility; public or governmental institution; or place of volunteer employment. Premises include the grounds and any other buildings associated with and used by the occupants. These rules do not include employee exposures or workplace conditions that effect only employees who are subject to Federal OSHA or Oregon OSHA jurisdiction. (10) “Screening” means medical and administrative procedures by which the concentration of lead in the blood of persons is measured. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 431.110 - 431.180 History: HD 1-1993, f. & cert. ef. 2-12-93
333-095-0010 Purpose It is the purpose of these rules to: (1) Ensure that inspection of dwellings and other nonoccupational premises thought to pose elevated risk of lead exposure to occupants can be performed; (2) Ensure that investigations and assessments can be done thoroughly and promptly when screening or other evidence indicates a need for such inspections; and (3) Ensure that persons who are likely to be exposed to hazardous levels of environmental lead are advised of the hazard. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 431.110 - 431.180 History: HD 1-1993, f. & cert. ef. 2-12-93
333-095-0020 Investigations When results from screening tests, or other medical or diagnostic evidence, or environmental evidence indicates that occupants of any dwelling or other premises are or may be suffering from elevated lead levels, the Division may inspect the dwelling or premises to identify sources of lead exposure. Inspections may also be initiated to follow-up on any other evidence that any dwelling or premise presents a serious risk of lead exposure to any occupant. The owner(s) and occupant(s) of any such dwelling or premise shall allow access to authorized lead investigators of the Division or of the local health department having jurisdiction, so long as the access is requested during regular working hours and appropriate identification and credentials are shown by the inspector(s). Access shall be allowed to all parts of the dwelling and premises. Inspectors may test or collect samples for testing any part of the dwelling or premises and may photograph or otherwise document the conditions found. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 431.110 - 431.180 History: HD 1-1993, f. & cert. ef. 2-12-93
333-095-0030 Notification of Occupants If investigation and testing of any premise reveals the presence of hazardous levels of lead in forms that present exposure hazards to occupants, the Administrator may notify such occupants of the hazards. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 431.110 - 431.180 History: HD 1-1993, f. & cert. ef. 2-12-93
333-100-0001 Scope Except as otherwise specifically provided, these rules apply to all persons who acquire receive, possess, use, transfer, own, or dispose of any source of radiation; provided, however, that nothing in these rules shall apply to any person to the extent such person is subject to regulation by the U.S. Nuclear Regulatory Commission. NOTE: Attention is directed to the fact that state regulation of source material, byproduct material, and special nuclear material in quantities not sufficient to form a critical mass is subject to the provisions of the agreement between the state and the U.S. Nuclear Regulatory Commission and to 10 CFR Part 150 of the Commission's regulations. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1995, f. & cert. ef. 4-26-95 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-100-0010 Additional Definitions Other definitions used only in a certain division of these rules will be found in that division. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 HD 4-1985, f. & ef. 3-20-85
333-100-0015 Interpretations Except as specifically authorized by the Agency in writing, no interpretation of the meaning of these rules by any officer or employee of the Agency, other than a written interpretation, will be recognized to be binding upon the Agency. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-100-0020 Prohibited Uses (1) Hand-held fluoroscopic screens shall not be used unless they have been listed in the Registry of Sealed Source and Devices or accepted for certification by the U.S. Food and Drug Administration, Center for Devices and Radiological Health. (2) Shoe-fitting fluoroscopic devices shall not be used. (3) Sources of radiation shall not be used to expose any individual solely for training or demonstration purposes. (4) No person shall intentionally apply or allow to be applied, either directly or indirectly, ionizing radiation to human beings except by, or under the supervision of, persons licensed by the State of Oregon to practice the healing arts and who are authorized to use radiation on humans. Notwithstanding this restriction, the Authority recognizes practitioners of the healing arts to be as outlined in ORS 676.110, that is: (a) Podiatrists, chiropractors, dentists, naturopath, osteopaths, medical doctors, and veterinarians; (b) Nurse practitioners and physician assistants may prescribe X-ray when doing so within the bounds of their independent rules; (c) Dental professionals are permitted to prescribe and review intraoral radiographs, in accordance with the Oregon Board of Dentistry administrative rules, chapter 818. (d) No person shall be allowed to use X-ray producing equipment without first meeting the requirements of OAR 333-106-0045(16) or 333-106-0055. (5) No person shall intentionally or unintentionally expose another individual to radiation other than ionizing radiation in such a way as to adversely affect the health or safety of that individual. Notwithstanding this restriction, the use of radiation other than ionizing radiation by persons licensed by the State of Oregon to practice the healing arts and who are authorized to use radiation shall be allowed. (6) Dental units with a Kilovolt peak (kVp) of 50 and below are prohibited from being sold, leased, transferred or lent. (a) Existing diagnostic dental X-ray systems less than 55 kVp shall not be used on minors. (b), Registrants may not use diagnostic dental X-ray systems with a fixed, nominal kVp of less than 55. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 16-2021, amend filed 04/21/2021, effective 04/21/2021 PH 24-2014, f. & cert. ef. 8-15-14 PH 10-2011, f. 9-30-11, cert. ef. 10-1-11 PH 4-2010, f. & cert. ef. 2-16-10 PH 14-2008, f. & cert. ef. 9-15-08 PH 4-2007, f. & cert. ef. 3-1-07 HD 15-1994, f. & cert. ef. 5-6-94 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-100-0030 Additional Requirements The Agency may, by rule, regulation, or order, impose upon any licensee or registrant such requirements in addition to those established in these rules as it deems appropriate or necessary to minimize danger to public health and safety or property. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-100-0035 Violations An injunction or other court order may be obtained prohibiting any violation of any provision of the Act or any rule or order issued thereunder. Any person who willfully violates any provision of the Act or any rule or order issued thereunder may be guilty of a crime and, upon conviction, may be punished by fine or imprisonment or both, as provided by ORS 453.990. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-100-0040 Impounding Sources of radiation shall be subject to impounding pursuant to Section 453.705 of the Act. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 HD 4-1985, f. & ef. 3-20-85
333-100-0045 Communications All communications and reports concerning these rules, and applications filed thereunder, should be addressed to Radiation Protection Services, Center for Health Protection, 800 NE Oregon Street, Suite 640, Portland, OR 97232. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 HD 15-1994, f. & cert. ef. 5-6-94 HD 4-1985, f. & ef. 3-20-85