justicedao/ipfs_state_laws huggingface dataset:
333-008-2150 General Requirements for Medical Marijuana Processing Sites and Dispensaries: General Sanitary Requirements (1) A registrant must: (a) Prohibit any individual working on the registered premises who has or appears to have a communicable disease, open or draining skin lesion infected with Staphylococcus aureus or Streptococcus pyogenes or any illness accompanied by diarrhea or vomiting for whom there is a reasonable possibility of contact with marijuana items from having contact with a marijuana item until the condition is corrected; (b) Require all persons who work in direct contact with marijuana items to conform to hygienic practices while on duty, including but not limited to: (A) Maintaining adequate personal cleanliness; and (B) Washing hands thoroughly in an adequate hand-washing area before starting work, prior to having contact with a marijuana item and at any other time when the hands may have become soiled or contaminated; (c) Provide hand-washing facilities adequate and convenient, furnished with running water at a suitable temperature and provided with effective hand-cleaning and sanitizing preparations and sanitary towel service or suitable drying device; (d) Properly remove all litter and waste from the registered premises and maintain the operating systems for waste disposal in an adequate manner so that they do not constitute a source of contamination in areas where marijuana items are exposed; (e) Provide employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair; and (f) Hold marijuana items that can support the rapid growth of undesirable microorganisms in a manner that prevents the growth of these microorganisms. (2) For purposes of this rule "communicable disease" includes but is not limited to: diphtheria, measles, Salmonella enterica serotype Typhi infection, shigellosis, Shiga-toxigenic Escherichia coli (STEC) infection, hepatitis A, and tuberculosis. Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.815 & 475C.833 History: PH 152-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 199-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-2160 General Requirements for Medical Marijuana Processing Sites and Dispensaries: Foreclosure; Cessation of Operations In the event that a registrant is foreclosed or otherwise ceases operations as described in ORS chapter 79, a secured party, as defined in ORS 79.0102, may continue operations at the marijuana processing site or dispensary upon submitting to the Authority proof, on a form prescribed by the Authority, that the secured party or, if the secured party is a business entity, any individual who has a financial interest in the secured party, meets the requirements and restrictions set forth in: (1) For marijuana processing sites, ORS 475C.815(2)(d) and (4); or (2) For dispensaries, ORS 475C.833(2)(d) and (4). Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.815 & 475C.833 History: PH 153-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 200-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-2170 General Requirements for Medical Marijuana Processing Sites and Dispensaries: Inspections (1) The Authority must conduct a routine inspection of every registrant at least every year. (2) The Authority may conduct a complaint inspection at any time following the receipt of a complaint that alleges a registrant or registrant representative is in violation of ORS 475C.815, ORS 475C.815 to 475C.827, 475C.833 to 475C.843, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7 or these rules. (3) The Authority may conduct an inspection at any time if it believes, for any reason, that a registrant or registrant representative is in violation of ORS 475C.815 to 475C.827, 475C.833 to 475C.843, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7 or these rules. (4) The Authority may inspect the following to ensure compliance with ORS 475C.815 to 475C.827, 475C.833 to 475C.843, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7 or these rules: (a) The premises of a proposed marijuana processing site or dispensary, or registered marijuana processing site or dispensary; and (b) The records of a registered marijuana processing site or dispensary. (5) Registrant representatives must cooperate with the Authority during an inspection. (6) If an individual at a registered dispensary or processing site fails to permit the Authority to conduct an inspection or if the Authority requires access to a dispensary or processing site and cannot obtain permission the Authority may seek an administrative warrant authorizing the inspection pursuant to ORS 431A.010. (7) The Authority may purchase, possess or seize a marijuana item as necessary for the Authority to determine compliance with ORS 475C.815 to 475C.827, 475C.833 to 475C.843, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7 or these rules. Statutory/Other Authority: ORS 431A.010, 475C.815, 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.815 & 475C.833 History: PH 154-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 264-2018, minor correction filed 11/28/2018, effective 11/28/2018 PH 201-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-2200 General Requirements for Medical Marijuana Processing Sites and Dispensaries: Civil Penalties (1) In addition to any other liability or penalty provided by law, the Authority may impose, against any person, a civil penalty that does not exceed $500 per day, for each violation of a provision of: (a) ORS 475C.833, 475C.843, or any rules adopted thereunder; (b) ORS 475C.815, 475C.824, 475C.827 or any rules adopted thereunder; or (c) OAR 333-008-1000 to 333-008-2180 or OAR chapter 333, division 7. (2) The Authority shall impose civil penalties under this section in the manner provided by ORS 183.745. Statutory/Other Authority: ORS 431A.010, 475C.815, 475C.833, 475C.895 & 475C.919 Statutes/Other Implemented: ORS 475C.815, 475C.833 & 475C.895 History: PH 157-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 204-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-2210 Penalty Matrix (1) The penalty matrix applies to any violations in OAR chapter 333, division 7 and 8. (2) The Authority has established Category I, II, III and IV violations with Category I violations posing the highest risk to public health and safety, and category IV violations being generally technical in nature. (3) The Authority may allege multiple violations in a single notice or may count violations alleged in notices issued within the previous two year period toward the total number of violations. In calculating the total number of violations, the Authority may consider a proposed violation for which the Authority has not yet issued a final order. (4) If the Authority finds one or more mitigating or aggravating circumstances, it may assess a lesser or greater sanction, up to and including revocation. The Authority may decrease or increase a sanction to prevent inequity or to take account of particular circumstances in the case. (5) The Authority may consider the following mitigating circumstances when determining what sanction to impose: (a) Making a good faith effort to prevent a violation. (b) Extraordinary cooperation in the violation investigation demonstrating the licensee or permittee accepts responsibility. (6) The Authority may consider the following aggravating circumstances when determining what sanction to impose: (a) Receiving a prior warning about one or more compliance problems. (b) Repeated failure to comply with laws. (c) Efforts by person or registrant to conceal a violation. (d) Intentionally committing a violation. (e) A violation involving more than one consumer or employee. (f) A violation involving a transfer of a marijuana item to anyone other than a patient, designated primary caregiver, grower or registrant. (g) A violation resulting in injury or death. (h) Three or more violations within a two-year-period, regardless of the category, where the number of the proposed or final violations indicate a disregard for the law or failure to control the premises. (7) A registrant may not avoid the sanction for a violation or the application of the provision for successive violations by changing the corporate structure for example, by adding or dropping a partner or converting to another form of legal entity when the individuals who own, operate, or control the business are substantially similar. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.265, 475C.405, 475C.548 & 475C.628 History: PH 158-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 205-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 29-2017, amend filed 12/22/2017, effective 01/01/2018 PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
333-008-3000 Medical Marijuana Records: Medical Marijuana Confidentiality The Oregon Health Authority may only disclose identifying information concerning applicants or registrants in accordance with the following statutes, unless otherwise required by law: (1) ORS 475C.856 (Database of information related to production, processing and dispensing). (2) ORS 475C.859 (Database of information related to cardholders). (3) ORS 475C.862 (Confidentiality of personally identifiable information). (4) ORS 475C.865 (Disclosure of personally identifiable information upon revocation or suspension of registration). (5) ORS 475C.698. (6) ORS 475C.853. (7) ORS 475C.868. Statutory/Other Authority: ORS 475C.856 - 475C.865 & 475C.919 Statutes/Other Implemented: ORS 475C.856 - 475C.865 & 475C.919 History: PH 159-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 206-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 29-2017, amend filed 12/22/2017, effective 01/01/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-3010 Medical Marijuana Records: System to Allow Verification of Data at All Times By State and Local Law Enforcement (1) The Authority shall establish an interactive method to allow authorized employees of state and local law enforcement agencies to use the Oregon State Police Law Enforcement Data System (LEDS) to query an OMMP data file in order to verify at any time whether a particular patient, designated primary caregiver, or grow site location is listed or registered with the Authority. (2) LEDS access will only allow a yes or no answer to the query and the information obtained may not be used for any other purpose other than verification. (3) The Authority may allow the release of reports related to verification if it is without identifying data. (4) The Authority shall have staff available by phone to verify law enforcement agency employee questions during regular business hours in case the electronic verification system is down, and in the event the system is expected to be down for more than two business days, the Authority shall ensure program staff are available by phone for verification purposes. Statutory/Other Authority: ORS 475C.859 & 475C.919 Statutes/Other Implemented: ORS 475C.859 History: PH 160-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 207-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 29-2017, amend filed 12/22/2017, effective 01/01/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-009-0000 Definitions For the purpose of OAR 333-009-0000 through 333-009-0030, the following definitions apply. (1) "Act" means the "Oregon Death with Dignity Act" or Measure 16 as adopted by the voters on November 8, 1994. (2) "Adult" means an individual who is 18 years of age or older. (3) "Attending physician" means the physician who has primary responsibility for the care of the patient and treatment of the patient's terminal disease. (4) “Authority” means the Oregon Health Authority. (5) "Capable" means that in the opinion of a court or in the opinion of the patient's attending physician or consulting physician, psychiatrist or psychologist, a patient has the ability to make and communicate health care decisions to health care providers, including communication through persons familiar with the patient's manner of communicating, if those persons are available. (6) "Consulting physician" means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient's disease. (7) "Counseling" means one or more consultations as necessary between a state licensed psychiatrist or psychologist and a patient for the purpose of determining that the patient is capable and not suffering from a psychiatric or psychological disorder or depression causing impaired judgment. (8) "Dispensing record" means a copy of the pharmacy dispensing record form. (9) "Health care facility" shall have the meaning given in ORS 442.015. (10) "Health care provider" means a person licensed, certified or otherwise authorized or permitted by the law of this state to administer health care or dispense medication in the ordinary course of business or practice of a profession and includes a health care facility. (11) "Patient" means a person who is under the care of a physician. (12) "Physician" means a doctor of medicine or osteopathy licensed to practice medicine by the Oregon Medical Board. (13) "Qualified patient" means a capable adult who has satisfied the requirements of this Act in order to obtain a prescription for medication to end their life in a humane and dignified manner. Statutory/Other Authority: ORS 127.865 Statutes/Other Implemented: ORS 127.800-127.995 History: PH 42-2023, amend filed 09/14/2023, effective 09/19/2023 PH 11-2011, f. & cert. ef. 10-27-11 PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11 PH 24-2006, f. & cert. ef. 10-19-06 OHD 12-1999, f. & cert. ef. 12-28-99 OHD 4-1998, f. & cert. ef. 5-4-98 HD 15-1997(Temp), f. & cert. ef. 11-6-97
333-009-0010 Reporting (1) To comply with ORS 127.865(2), within seven calendar days of writing a prescription for medication to end the life of a qualified patient the attending physician shall send the following completed, signed and dated documentation by regular mail to the State Registrar, Center for Health Statistics, 800 NE Oregon Street, Suite 205, Portland OR 97232, by facsimile to (971) 673-5332, or by secure electronic mail: (a) The patient's completed written request for medication to end life, either using the “Written Request for Medication to End My Life in a Humane and Dignified Manner” form prescribed by the Oregon Health Authority (Authority) or in substantially the form described in ORS 127.897; (b) One of the following reports prescribed by the Authority: (A) “Attending Physician’s Compliance Form”; or (B) “Attending Physician’s Compliance Short Form” accompanied by a copy of the relevant portions of the patient's medical record documenting all actions required by the Act; (c) “Consulting Physician's Compliance Form” prescribed by the Authority; and (d) “Psychiatric/Psychological Consultant’s Compliance Form” prescribed by the Authority, if an evaluation was performed. (2) Within 10 calendar days of a patient’s ingestion of lethal medication obtained pursuant to the Act, or death from any other cause, whichever comes first, the attending physician shall complete the “Oregon Death with Dignity Act Attending Physician Interview” form prescribed by the Authority. (3) To comply with ORS 127.865(1)(b), within 10 calendar days of dispensing medication pursuant to the Death with Dignity Act, the dispensing health care provider shall file a copy of the “Pharmacy Dispensing Record Form” prescribed by the Authority with the State Registrar via regular mail to the Center for Health Statistics, 800 NE Oregon St., Suite 205, Portland, OR 97232, via facsimile to (971) 673-5332 or by secure electronic mail. Information to be reported to the Authority shall include: (a) Patient's name and date of birth; (b) Prescribing physician's name and phone number; (c) Dispensing health care provider's name, address and phone number; (d) Medication dispensed and quantity; (e) Date the prescription was written; and (f) Date the medication was dispensed. Note: Forms referenced are available from the agency at https://www.oregon.gov/oha/PH/PROVIDERPARTNERRESOURCES/EVALUATIONRESEARCH/DEATHWITHDIGNITYACT/Pages/pasforms.aspx Statutory/Other Authority: ORS 127.865 Statutes/Other Implemented: ORS 127.800-127.995 History: PH 42-2023, amend filed 09/14/2023, effective 09/19/2023 PH 24-2006, f. & cert. ef. 10-19-06 OHD 12-1999, f. & cert. ef. 12-28-99 OHD 4-1998, f. & cert. ef. 5-4-98 HD 15-1997(Temp), f. & cert. ef. 11-6-97
333-009-0020 Record Review/Annual Report (1) The Authority shall annually review records maintained pursuant to this Act. (2) The Authority shall generate and make available to the public an annual statistical report of information collected under this Act. Statutory/Other Authority: ORS 127.800 Statutes/Other Implemented: ORS 127.800 - 127.897 History: PH 24-2006, f. & cert. ef. 10-19-06 OHD 4-1998, f. & cert. ef. 5-4-98 HD 15-1997(Temp), f. & cert. ef. 11-6-97
333-009-0030 Confidentiality/Liability (1) All information collected pursuant to ORS 127.800 to 127.897 including, but not limited to, the identity of patients, physicians and other health care providers, and health care facilities shall not be a public record and may not be made available for inspection by the public. (2) All information collected pursuant to ORS 127.800 to 127.897 and the annual statistical report referred to in 333-009-0020(2) shall be considered a special morbidity and mortality study under ORS 432.060. Summary information released in statistical reports shall be aggregated to prevent identification of individuals, physicians, or health care facilities. (3) Pursuant to ORS 432.060, providing morbidity and mortality information to the Authority does not subject any physician, hospital, health care facility or other organization or person furnishing such information to an action for damages. (4) Access to death certificate information shall be in accordance with OAR 333-011-0096 pursuant to ORS 432.121. Statutory/Other Authority: ORS 127.800 Statutes/Other Implemented: ORS 127.800 - 127.995, 432.060 & 432.121 History: PH 24-2006, f. & cert. ef. 10-19-06 OHD 4-1998, f. & cert. ef. 5-4-98 HD 15-1997(Temp), f. & cert. ef. 11-6-97
333-010-0032 Cancer Reporting Regulations: Reporting Requirements for Clinical Laboratories (1) Clinical laboratories must report to OSCaR all cases with test results indicative of and specific for a reportable cancer or reportable non-malignant condition, as defined in OAR 333-010-0000(16) and 333-010-0000(18) respectively, ("Cancer Pathology Reports") in accordance with the following provisions. Clinical laboratories must submit all Cancer Pathology Reports to OSCaR using the electronic data exchange format and codes set forth in the guidelines for Pathology Laboratory Electronic Reporting issued by the North American Association of Central Cancer Registries ("NAACCR"), unless reported to a health system cancer registry. The NAACCR Guidelines for Pathology Laboratory Electronic Reporting are available from OSCaR. (2) Clinical laboratories must also report to OSCaR all cases with biopsies (excluding cytologic tests) indicative of and specific for a reportable pre-malignant condition, as defined in OAR 333-010-0000(16), in an electronic format directed by OSCaR. These reports must include (if available to the clinical laboratory): (a) Name, address, and telephone number of the physician listed on the lab order; (b) Name, address, and telephone number of the reporting laboratory; (c) Patient name, gender, address (if available), birth date, race/ethnicity; (d) Primary site and type of cancer-related condition; and (e) Date of diagnosis. (3) OSCaR will make lists of reportable cancers, reportable non-malignant conditions, and reportable pre-malignant conditions available on the Oregon State Cancer Registry website: www.healthoregon.org/oscar. If a clinical laboratory fails to submit the required cancer pathology reports or reports of pre-malignant conditions to OSCaR according to the standards and format prescribed, OSCaR may inform the laboratory in writing of the disparity between the laboratory’s reporting performance and the reporting standards and consult with the laboratory regarding methods for bringing the clinical laboratory’s reporting performance into compliance with the reporting standards. (4) If a clinical laboratory is not able to submit cancer pathology reports or reports of pre-malignant conditions electronically, OSCaR may authorize the clinical laboratory to report by mail or facsimile for a limited period of time to be specified by OSCaR. (5) OSCaR shall establish a system of confirmation of receipt of cancer pathology reports and reports of pre-malignant conditions submitted by clinical laboratories. Statutory/Other Authority: ORS 432.510 & 432.520 Statutes/Other Implemented: ORS 432.510 & 432.520 History: PH 20-2017, amend filed 12/21/2017, effective 01/01/2018 PH 13-2011, f. 12-28-11, cert. ef. 1-1-12
333-010-0035 Cancer Reporting Regulations: Patient Notification Requirement This rule describes the process for notifying patients that information about a reportable cancer has been reported to OSCaR. (1) OSCaR may, but is not required to notify patients that information about a diagnosis of reportable cancer has been included in the registry. OSCaR may make a determination, based on budgeting constraints or otherwise, to curtail patient notification activities. (2) Information to be provided to patients. The notification to the patient shall include the following information about the purposes of the registry and the protection of confidentiality: (a) That Oregon statute requires that every cancer newly diagnosed in Oregon, or in an Oregon resident, be reported to the Oregon State Cancer Registry maintained by Oregon Health Authority; (b) That information reported to the Authority includes the type and characteristics of the cancer, details of the diagnosis and treatment given, and patient demographic information; (c) That the information is used to understand how cancer affects the population in Oregon, to design and implement prevention and control programs, and for research; (d) That the information is confidential and no identifiable information about the patient can be released to anyone unless very strict requirements, as provided by law, are met; (e) If those specific requirements, as provided by law, are met, researchers may be allowed to contact patients to offer them the opportunity to participate in research projects. Any invitation to participate in research is always voluntary and may be freely declined; and (f) That the researcher shall first notify the patient's physician regarding the patient’s participation in a research project, unless the patient specifies to OSCaR that their name never be released for any research purpose. Statutory/Other Authority: ORS 432.500 Statutes/Other Implemented: ORS 432.500–432.900 History: PH 13-2011, f. 12-28-11, cert. ef. 1-1-12 OHD 7-1998, f. 7-14-98, cert. ef. 8-1-98