justicedao/ipfs_state_laws huggingface dataset:
333-017-0005 Reference Documents The following publication, which is available for inspection at the Public Health Division, is incorporated by reference in whole or in part in OAR chapter 333, divisions 12, 17, 18, and 19: "Investigative Guidelines": Investigative Guidelines for Reportable Diseases, published on an ongoing basis by the Division's Center for Public Health Practice. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 413.042, 433.004, 433.329, 616.745 & 624.080 Statutes/Other Implemented: ORS 413.042, 433.004, 433.329, 616.745 & 624.080 History: PH 176-2022, minor correction filed 08/11/2022, effective 08/11/2022 PH 7-2011, f. & cert. ef. 8-19-11 PH 5-2010, f. & cert. ef. 3-11-10 OHD 2-2002, f. & cert. ef. 3-4-02 HD 29-1994, f. & cert. ef. 12-2-94 HD 9-1992, f. & cert. ef. 8-14-92 HD 4-1987, f. 6-12-87, ef. 6-19-87 HD 15-1981, f. 8-13-81, ef. 8-15-81
333-018-0000 Who Is Responsible for Reporting (1) Each health care provider knowing of or attending a human case or suspected human case of any of the diseases, infections, or conditions listed in OAR 333-018-0015 shall report such cases as specified. Where no health care provider is in attendance, any individual knowing of such a case shall report in a similar manner. An individual required to report reportable diseases who is unsure whether a case meets the definition of a suspect case as that is defined in OAR 333-017-0000 should err on the side of reporting if the suspected disease, infection, or condition is one that: (a) Is required to be reported immediately or within 24 hours under OAR 333-018-0015; (b) Is highly transmissible; or (c) Results in serious or severe health consequences. (2) Each health care facility, where more than one health care provider may know or attend a human case or suspected human case, may establish administrative procedures to ensure that every case is reported. (3) Each licensed laboratory shall report human test results as specified in OAR 333-018-0015(5). When more than one licensed laboratory is involved in testing a specimen, the laboratory that is responsible for reporting the test result directly to the health care provider that ordered the test shall be responsible for reporting. (4) Each veterinary laboratory or licensed laboratory shall report animal test results as specified in OAR 333-018-0017. When more than one laboratory is involved in testing a specimen, the laboratory that is responsible for reporting the test result directly to the licensed veterinarian or client of record caring for the animal shall be responsible for reporting. Statutory/Other Authority: ORS 413.042, 433.004 & 433.329 Statutes/Other Implemented: ORS 433.004 & 433.332 History: PH 181-2022, minor correction filed 08/11/2022, effective 08/11/2022 PH 175-2022, minor correction filed 08/11/2022, effective 08/11/2022 PH 7-2011, f. & cert. ef. 8-19-11 PH 5-2010, f. & cert. ef. 3-11-10 OHD 3-2002, f. & cert. ef. 3-4-02 HD 29-1994, f. & cert. ef. 12-2-94 HD 4-1987, f. 6-12-87, ef. 6-19-87 HD 15-1981, f. 8-13-81, ef. 8-15-81
333-018-0005 To Whom Reports Shall Be Made (1) If an individual who is the subject of a report is an Oregon resident or temporarily resides in Oregon, reports shall be made to the local public health administrator for the patient’s county of residence, except for laboratory reports that must be reported by laboratories in accordance with OAR 333-018-0013. (2) In urgent situations when local public health staff are unavailable, case reports shall be made directly to the Authority. (3) Reports for an individual who is not an Oregon resident or who does not reside in Oregon may not be made to the Oregon local public health administrator or the Authority, but shall be made to the jurisdictional public health authority of the patient’s residence. Statutory/Other Authority: ORS 431.110, 433.001, 433.004 & 433.006 Statutes/Other Implemented: ORS 431.110, 433.001, 433.004, 433.006 & 433.106 History: PH 14-2021, amend filed 03/23/2021, effective 03/23/2021 PH 3-2021, temporary amend filed 01/07/2021, effective 01/07/2021 through 03/29/2021 PH 16-2013, f. 12-26-13, cert. ef. 1-1-14 PH 7-2011, f. & cert. ef. 8-19-11 PH 1-2007, f. & cert. ef. 1-16-07 PH 11-2005, f. 6-30-05, cert. ef. 7-5-05 OHD 3-2002, f. & cert. ef. 3-4-02 OHD 22-2001, f. & cert. ef. 10-19-01 HD 29-1994, f. & cert. ef. 12-2-94 HD 10-1991, f. & cert. ef. 7-23-91 HD 5-1991, f. 3-29-91, cert. ef. 4-1-91 Reverted to HD 15-1988, f. 7-11-88, cert. ef. 9-1-88 HD 13-1990(Temp), f. 5-25-90, cert. ef. 8-1-90 HD 15-1988, f. 7-11-88, cert. ef. 9-1-88 HD 4-1987, f. 6-12-87, ef. 6-19-87 Reverted to HD 15-1981, f. 8-13-81, ef. 8-15-81 HD 20-1985(Temp), f. & ef. 9-30-85 HD 15-1981, f. 8-13-81, ef. 8-15-81
333-018-0013 Electronic Laboratory Reporting (1) A licensed laboratory that, pursuant to ORS 433.004 and OAR chapter 333, division 18, sends an average of greater than 30 records per month to the local public health administrator shall electronically send all reportable disease data to the Authority in accordance with the standards set forth in the Authority’s Manual for Mandatory Electronic Laboratory Reporting, dated February 2009, and incorporated by reference. (2) Prior to reporting data electronically, a licensed laboratory shall seek and obtain approval from the Authority for its electronic reporting, in accordance with the Authority’s Manual for Mandatory Electronic Laboratory Reporting. (3) A licensed laboratory that fails to seek approval from the Authority for electronic reporting or fails to obtain approval within one year from seeking approval from the Authority may be subject to civil penalties in accordance OAR 333-026-0030. (4) A licensed laboratory that is required to report data electronically shall have a state-approved continuity of operations plan for reporting continuity in the event of emergency situations disrupting electronic communications. At least two alternative methodologies should be incorporated, such as facsimile, mail, or courier service. (5) A licensed laboratory required to report data electronically shall participate fully in Oregon’s Data Quality Control program, as specified in the Authority’s Manual for Mandatory Electronic Laboratory Reporting. (6) Electronic reports shall meet the reporting timelines in OAR chapter 333, division 18. Statutory/Other Authority: ORS 413.042 & 433.004 Statutes/Other Implemented: ORS 433.004 History: PH 7-2011, f. & cert. ef. 8-19-11 PH 5-2010, f. & cert. ef. 3-11-10
333-018-0016 Reporting of COVID-19-Related Cases and Deaths (1) Health care providers or other individuals described in OAR 333-018-0000(1) shall report, in accordance with section (2) of this rule and other applicable rules in OAR chapter 333, division 18, the following: (a) Within 24 hours (including weekends and holidays), any human case of MIS-C; and (b) Within one local public health authority working day, the death of any person less than 18 years of age with laboratory-confirmed SARS-CoV-2 infection. (2) Health care providers shall report the information required in section (1) of this rule, in one of two ways, in order of preference: (a) Submission of an Electronic Initial Case Report (eICR) in accordance with the Authority's Electronic Case Reporting (ECR) Manual; or (b) Online, through the Confidential Oregon Morbidity Report Portal, which can be found at: www.healthoregon.org/howtoreport. Statutory/Other Authority: ORS 413.042, ORS 433.004 & ORS 433.006 Statutes/Other Implemented: ORS 433.004 History: PH 31-2023, amend filed 06/30/2023, effective 06/30/2023 PH 161-2022, amend filed 06/29/2022, effective 07/11/2022 PH 7-2022, temporary amend filed 01/27/2022, effective 01/28/2022 through 07/11/2022 PH 6-2022, temporary amend filed 01/13/2022, effective 01/13/2022 through 07/11/2022 PH 77-2021, amend filed 10/15/2021, effective 10/16/2021 PH 15-2021, temporary amend filed 04/19/2021, effective 04/19/2021 through 10/15/2021 PH 14-2021, amend filed 03/23/2021, effective 03/23/2021 PH 13-2021, amend filed 03/23/2021, effective 03/23/2021 PH 3-2021, temporary amend filed 01/07/2021, effective 01/07/2021 through 03/29/2021 PH 67-2020, temporary amend filed 09/25/2020, effective 10/01/2020 through 03/29/2021 PH 60-2020, adopt filed 09/04/2020, effective 09/04/2020
333-018-0017 Reporting of Veterinary Diseases (1) Laboratories shall report to the Oregon Public Health Division all test results indicative of and specific for the following diseases, infections, microorganisms, and conditions, within the following time frames, as follows: (a) Immediately, day or night: anthrax, rabies, and plague; (b) Within one day: psittacosis, leptospirosis, Q fever, and tularemia; and (c) Within one week: Baylisascaris, Borrelia burgdorferii, campylobacteriosis, Cryptococcus, Cryptosporidium, Escherichia coli O157:H7, giardiasis, lymphocytic choriomeningitis, methicillin-resistant Staphylococcus aureus, Rocky Mountain spotted fever, salmonellosis, toxoplasmosis, West Nile virus, yersiniosis; and any other disease that could potentially be a zoonotic illness. (2) “Test” as used in this rule, includes but is not limited to: (a) Microbiological culture, isolation, or identification; (b) Assays for specific antibodies; and (c) Identification of specific antigens, toxins, or nucleic acid sequences. Statutory/Other Authority: ORS 413.042 & 433.004 Statutes/Other Implemented: ORS 433.004 History: PH 5-2010, f. & cert. ef. 3-11-10
333-018-0020 Reports from Local Public Health Administrators (1) The local public health administrator shall notify the Authority immediately of any reported cases of the following diseases and conditions: anthrax, botulism (foodborne), cholera, diphtheria, marine intoxications, measles, pesticide poisoning, plague, poliomyelitis, rabies; any uncommon illness of potential public health significance; any outbreak of disease. (2) Animal bites that have been investigated by the local public health administrator and for which testing of the biting animal for rabies has been deemed unnecessary need not be reported to the Authority. (3) For other reportable diseases and conditions, the local public health administrator shall notify the Authority no later than the end of each business week of all cases reported during that week. Reports shall be made by means approved by the Authority and in a format approved by the Authority. Statutory/Other Authority: ORS 431.110, 431.120, 433.004, 433.329, 616.010 & 624.005 Statutes/Other Implemented: ORS 433.004 & 433.329 History: PH 178-2022, minor correction filed 08/11/2022, effective 08/11/2022 PH 16-2013, f. 12-26-13, cert. ef. 1-1-14 PH 7-2011, f. & cert. ef. 8-19-11 OHD 3-2002, f. & cert. ef. 3-4-02 HD 29-1994, f. & cert. ef. 12-2-94 HD 4-1987, f. 6-12-87, ef. 6-19-87 HD 12-1983, f. & ef. 8-1-83 HD 15-1981, f. 8-13-81, ef. 8-15-81
333-018-0035 Procedures Involving Emergency Response Employees (1) Each person or local government employing persons to render emergency care shall designate a contact person or "designated officer" to receive reports from the local public health administrator made under ORS 433.006. The employer shall assure that the designated officer has sufficient training to carry out the duties as described below, which shall include appropriate procedures for follow-up after occupational exposures to specific diseases as specified below in section (2) and section (6). (2) Sections (3) through (5) apply only to the following subset of reportable diseases: meningococcal disease, infectious pulmonary or laryngeal tuberculosis, diphtheria, plague (Yersinia pestis), rabies, hemorrhagic fevers (for example, Lassa, Marburg, and Ebola). (3) Health care providers and health care facilities shall, when reporting this subset of diseases, determine and include as part of their report whether or not an emergency care provider was involved in pre-hospital care for this disease. (4) Health care providers and facilities shall report to the local public health administrator and may relay the diagnosis of these diseases directly to the emergency care providers or the designated officer specified below in section (5), but shall not disclose the identity or addresses of the person having the disease or otherwise refer specifically to the person. (5) Upon receiving a report of a reportable disease as defined in section (2) above, the designated officer shall notify all out-of-hospital caregivers, including but not limited to: first responders, emergency medical technicians, paramedics, firefighters, law enforcement officers, corrections officers, probation officers, or other current or former personnel of the employer who may have been exposed to the reportable disease. The designated officer shall inform the personnel only of the reportable disease and the fact of possible exposure and the appropriate follow-up procedures. The designated officer shall not inform the personnel of the identity or addresses of the individual having the reportable disease or otherwise refer specifically to the individual having the reportable disease. (6) In the event of an occupational exposure to a bloodborne pathogen as defined by ORS 433.060, the designated officer shall also assist the exposed worker as defined in ORS 433.060 in implementing the provisions of ORS 433.065 through ORS 433.080 and associated Authority rules (chapter 333, division 22). These rules include provisions for determining HIV, hepatitis B and hepatitis C status of the source patient and soliciting HIV testing after an occupational exposure. Statutory/Other Authority: ORS 433.045 - 433.080 & 431.110 Statutes/Other Implemented: ORS 433.006 & 433.065 History: PH 16-2013, f. 12-26-13, cert. ef. 1-1-14 PH 7-2011, f. & cert. ef. 8-19-11 OHD 3-2002, f. & cert. ef. 3-4-02 OHD 15-2001, f. & cert. ef. 7-12-01, Renumbered from 333-018-0023 HD 8-1997, f. & cert. ef. 6-26-97 HD 29-1994, f. & cert. ef. 12-2-94 HD 4-1987, f. 6-12-87, ef. 6-19-87 HD 12-1983, f. & ef. 8-1-83 HD 15-1981, f. 8-13-81, ef. 8-15-81
333-018-0105 Health Care Acquired Infection Reporting and Public Disclosure: Review Unless otherwise directed by the Authority, the committee shall review these rules (OAR 333-018-0100 through 333-018-0145) at least biennially. Statutory/Other Authority: ORS 442.420, 2007 OL Ch. 838 § 1–6 & 12 Statutes/Other Implemented: 2007 OL Ch. 838 § 1–6 & 12 History: Renumbered from 409-023-0005 by PH 13-2013, f. 12-26-13, cert. ef. 1-1-14 OHP 1-2008, f. & cert. ef. 7-1-08
333-018-0115 HAI Reporting for Ambulatory Surgery Centers All Ambulatory Surgical Centers must complete the Evidence-Based Elements of Patient Safety Performance (EBEPSP) Survey provided by the Authority, annually, no later than 30 days after receipt of the survey. Statutory/Other Authority: ORS 442.420 & ORS 442.853-442.856 Statutes/Other Implemented: ORS 442.405 & ORS 442.853-442.856 History: PH 48-2021, minor correction filed 09/23/2021, effective 09/23/2021 PH 17-2014, f. & cert. ef. 6-9-14 Renumbered from 409-023-0012 by PH 13-2013, f. 12-26-13, cert. ef. 1-1-14 OHP 7-2011, f. 9-30-11, cert. ef. 10-1-11 OHP 4-2011(Temp), f. 7-28-11, cert. ef. 8-1-11 thru 1-25-12 OHP 1-2009, f. & cert. ef. 7-1-09
333-018-0120 HAI Reporting for Long Term Care Facilities (1) All LTCFs must report urinary tract infections to the Authority except as provided in subsection (b) of this section. (a) A LTCF must report infections to the Authority in the same manner established by MDS, including but not limited to reporting definitions, data collection, data submission, and administrative and training requirements. (b) If a LTCF reports infections in accordance with MDS to CMS, the LTCF is not required to report that information directly to the Authority; the Authority will access the information through CMS. (2) All LTCFs must submit the Evidence-Based Elements of Patient Safety Performance Survey to the Authority annually, no later than 30 days after receipt of the survey. (3) All LTCFs must submit the Infection Prevention Program Survey to the Authority annually, no later than 30 days after receipt of the survey. Statutory/Other Authority: ORS 442.420, 2007 OL Ch. 838 § 1–6 & 12 Statutes/Other Implemented: ORS 442.405, 2007 OL Ch. 838 § 1–6 & 12 History: PH 17-2014, f. & cert. ef. 6-9-14 Renumbered from 409-023-0013 by PH 13-2013, f. 12-26-13, cert. ef. 1-1-14 OHP 1-2009, f. & cert. ef. 7-1-09
333-018-0125 HAI Reporting for Other Health Care Facilities (1) All dialysis facilities shall report dialysis events to the Authority. (2) A dialysis facility that reports dialysis events to NHSN may, in lieu of reporting the information directly to the Authority, permit the Authority access to NHSN. (3) All Inpatient Rehabilitation Facilities (IRF) shall report to the Authority CAUTIs for adult and pediatric wards. (4) The reporting system for IRFs shall be NHSN. (5) IRFs that report information in order to meet CMS reporting requirements, may, in lieu of reporting information directly to the Authority, permit the Authority to access the information through NHSN. An IRF that permits the Authority to access the information through NHSN must: (a) Join the Oregon HAI group in NHSN; (b) Authorize disclosure of NHSN data to the Authority as necessary for compliance with these rules, including but not limited to summary data and denominator data for all SSIs, the annual hospital survey and data analysis components for all SSIs, and summary data and denominator data for all adult, pediatric and neonatal ICUs; and (c) Permit the Authority to access data reported through NHSN dating back to when reporting was first required by CMS for the different HAIs. Statutory/Other Authority: ORS 442.420 & ORS 442.853-442.856 Statutes/Other Implemented: ORS 442.405 & ORS 442.853-442.856 History: PH 49-2021, minor correction filed 09/23/2021, effective 09/23/2021 PH 17-2014, f. & cert. ef. 6-9-14 Renumbered from 409-023-0015 by PH 13-2013, f. 12-26-13, cert. ef. 1-1-14 OHP 7-2011, f. 9-30-11, cert. ef. 10-1-11 OHP 4-2011(Temp), f. 7-28-11, cert. ef. 8-1-11 thru 1-25-12 OHP 1-2009, f. & cert. ef. 7-1-09 OHP 1-2008, f. & cert. ef. 7-1-08
333-018-0127 Annual Influenza Summary Each hospital, including licensed satellites, ASC, Dialysis facility, LTCF, and IRF must submit an annual survey to the Authority, no later than May 31, on a form prescribed by the Authority, regarding influenza vaccination of staff. Facilities must report at least the following information: (1) Number of staff with a documented influenza vaccination during the previous influenza season; (2) Number of staff with a documented medical contraindication to influenza vaccination during the previous influenza season; (3) Number of staff with a documented refusal of influenza vaccination during the previous influenza season; and (4) Facility assessment of influenza vaccine coverage of facility staff during the previous influenza season and plans to improve vaccine coverage of facility staff during the upcoming influenza season. Statutory/Other Authority: ORS 442.420 & ORS 442.853-442.856 Statutes/Other Implemented: ORS 442.405 & ORS 442.853-442.856 History: PH 47-2021, minor correction filed 09/23/2021, effective 09/23/2021 PH 26-2020, temporary amend filed 04/27/2020, effective 05/01/2020 through 09/29/2020 PH 24-2016, f. 8-8-16, cert. ef. 8-16-16 PH 8-2015, f. & cert. ef. 3-24-15 PH 17-2014, f. & cert. ef. 6-9-14
333-018-0130 HAI Public Disclosure (1) The Oregon Health Authority (Authority) may disclose state-level and facility-level HAI data, including but not limited to observed frequencies, expected frequencies, proportions, and ratios. (2) The Authority may use statistically valid methods to make comparisons by facility, and to state, regional, and national statistics. (3) The Authority shall provide a maximum of 30 calendar days for facilities to review facility-reported data prior to publishing any data. Nothing in this rule is intended to limit the Authority’s release of data pursuant to a public records request. (4) After consulting with the committee, the Authority may publish reports intended to serve the public’s interest. Statutory/Other Authority: ORS 442.420 & ORS 442.853 - 442.856 Statutes/Other Implemented: ORS 442.405, ORS 192.496, ORS 192.502, ORS 192.243, ORS 192.245 & ORS 442.853 - 442.856 History: PH 1-2024, minor correction filed 01/02/2024, effective 01/02/2024 PH 51-2023, amend filed 10/26/2023, effective 10/26/2023 PH 21-2017, amend filed 12/21/2017, effective 01/01/2018 PH 17-2014, f. & cert. ef. 6-9-14 Renumbered from 409-023-0020 by PH 13-2013, f. 12-26-13, cert. ef. 1-1-14 OHP 1-2008, f. & cert. ef. 7-1-08
333-018-0135 HAI Data Security The Authority shall undertake precautions to prevent unauthorized disclosure of the raw data files. These precautions include but are not limited to: (1) Storing the raw data files on the internal storage hardware of a password-protected personal computer that is physically located within the Authority; (2) Restricting staff access to the raw data files; (3) Restricting network access to the raw data files; and (4) If applicable, storing patient information within a strongly-encrypted and password-protected virtual drive or using other methods to reliably achieve the same level of security. Statutory/Other Authority: ORS 442.420, 2007 OL Ch. 838 § 1–6 & 12 Statutes/Other Implemented: ORS 192.496, 192.502, 2007 OL Ch. 838 § 1–6 & 12 History: PH 17-2014, f. & cert. ef. 6-9-14 Renumbered from 409-023-0025 by PH 13-2013, f. 12-26-13, cert. ef. 1-1-14 OHP 1-2008, f. & cert. ef. 7-1-08
333-018-0140 Health Care Acquired Infection Reporting and Public Disclosure: Prohibited Activities Unless specifically required by state or federal rules, regulations, or statutes, the Authority is prohibited from: (1) Disclosing individually identifiable patient, health care professional, or health care facility employee information; (2) Intentionally linking or attempting to link individual providers to individual HAI events; and (3) Providing patient-level or provider-level reportable HAI data to any state agency for enforcement or regulatory actions. Statutory/Other Authority: ORS 442.420, 2007 OL Ch. 838 § 1–6 & 12 Statutes/Other Implemented: ORS 192.496, 192.502, 2007 OL Ch. 838 § 1–6 & 12 History: Renumbered from 409-023-0030 by PH 13-2013, f. 12-26-13, cert. ef. 1-1-14 OHP 1-2008, f. & cert. ef. 7-1-08
333-018-0145 Health Care Acquired Infection Reporting and Public Disclosure: Compliance (1) Health care facilities that fail to comply with these rules or fail to submit required data shall be subject to civil penalties not to exceed $500 per day per violation. (2) The Authority shall annually evaluate the quality of data submitted, as recommended by the committee. Statutory/Other Authority: ORS 442.445 & 442.420 Statutes/Other Implemented: ORS 442.445 History: Renumbered from 409-023-0035 by PH 13-2013, f. 12-26-13, cert. ef. 1-1-14 OHP 1-2008, f. & cert. ef. 7-1-08
333-019-0000 Responsibility of Public Health Authorities to Investigate Reportable Diseases (1) The local public health administrator shall use all reasonable means to investigate in a timely manner all reports of reportable diseases, infections, or conditions. To identify possible sources of infection and to carry out appropriate control measures, the local public health administrator shall investigate each report following procedures outlined in the Authority's Investigative Guidelines or other procedures approved by the Authority. The Authority may provide assistance in these investigations. (2) Investigations of outbreaks involving residents of multiple states or counties or exposures in multiple states of counties may be supervised by the Authority. (3) Investigations by the Authority or local public health administrator shall be conducted in accordance with ORS 433.004 and these rules. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 413.042, 431.110, 433.004, 433.329, 616.010 & 624.005 Statutes/Other Implemented: ORS 433.004 & 433.332 History: PH 180-2022, minor correction filed 08/11/2022, effective 08/11/2022 PH 10-2015, f. 7-2-15, cert. ef. 7-3-15 PH 7-2011, f. & cert. ef. 8-19-11 OHD 4-2002, f. & cert. ef. 3-4-02 HD 29-1994, f. & cert. ef. 12-2-94 HD 4-1987, f. 6-12-87, ef. 6-19-87 HD 15-1981, f. 8-13-81, ef. 8-15-81