justicedao/ipfs_state_laws huggingface dataset:
333-019-0041 Other Disease Specific Provisions: Tuberculosis (1) As used in this rule: (a) "Health care facility" has the meaning given that term in ORS 442.015; (b) "Health care setting" includes the facility types described in "Guidelines for preventing the transmission of Mycobacterium tuberculosis in Health-Care Settings," published by the Centers for Disease Control and Prevention (Morbidity and Mortality Weekly Report, Vol. 54, Number RR-17: 1-141; December 30, 2005) APPENDIX A, available at: https://www.cdc.gov/mmwr/pdf/rr/rr5417.pdf. (2) Each health care facility or health care setting shall formally assess the risk of tuberculosis transmission among staff (professional and volunteer) and patients at least annually and shall follow tuberculosis screening recommendations outlined in "Guidelines for preventing the transmission of Mycobacterium tuberculosis in Health-Care Settings," published by the Centers for Disease Control and Prevention (Morbidity and Mortality Weekly Report, Vol. 54, Number RR-17: 1-141; December 30, 2005), incorporated by reference and available at: https://www.cdc.gov/mmwr/pdf/rr/rr5417.pdf and "Tuberculosis Screening, Testing, and Treatment of U.S. Health Care Personnel: Recommendations from the National Tuberculosis Controllers Association and CDC, 2019," published by the Centers for Disease Control and Prevention (Morbidity and Mortality Weekly Report, 68(19);439–443; May 17, 2019), incorporated by reference and available at: https://www.cdc.gov/mmwr/volumes/68/wr/mm6819a3.htm; or other guidelines or recommendations approved by the Authority. (3) Notwithstanding section (2) of this rule, health care workers and volunteers providing services at COVID-19 testing and COVID-19 vaccination sites that are at locations other than a health care facility, pharmacy or medical office are not required to be screened for tuberculosis. Statutory/Other Authority: ORS 431.110, 433.001–433.035 & 433.110–433.220 Statutes/Other Implemented: ORS 431.150, 431.155, 431.170, 433.001–433.035 & 433.110–433.220 History: PH 88-2021, amend filed 12/09/2021, effective 12/21/2021 PH 23-2021, temporary amend filed 06/24/2021, effective 06/24/2021 through 12/20/2021 PH 66-2020, amend filed 09/25/2020, effective 09/25/2020 PH 12-2011, f. & cert. ef. 12-14-11 PH 7-2011, f. & cert. ef. 8-19-11 PH 9-2009, f. & cert. ef. 9-22-09 PH 10-2005, f. 6-15-05, cert. ef. 6-21-05 OHD 4-2002, f. & cert. ef. 3-4-02
333-019-0042 Other Disease Specific Provisions: Tuberculosis Screening in Correctional Facilities (1) For purposes of this rule: (a) "Correctional facility" means a facility operated by the Oregon Department of Corrections or a local correctional facility as that is defined in ORS 169.005; and (b) “Symptoms of TB disease” means a cough longer than 3 weeks and/or coughing up blood in conjunction with fever, fatigue, night sweats or weight loss. (2) A correctional facility shall screen all inmates upon admission for symptoms of tuberculosis (TB) disease. This screening and any follow-up shall be documented. (3) Any inmate suspected of having TB disease or who has TB disease shall be isolated as appropriate and provided medical care and treatment that meets accepted standards of practice. (4) Inmates detained or confined for 15 consecutive days or more in a correctional facility shall be screened for the following TB risk factors: (a) HIV/AIDS; (b) Immigration within the past five years from a country that has a high incidence of TB, including but not limited to immigration from Africa, Asia, Middle East, Latin America, Eastern Europe and South Pacific regions; (c) Close contact to a person with infectious TB disease; (d) History of injection drug use; (e) History of homelessness; and (f) Taking immunosuppressive medication. (5) Inmates screened under section (4) of this rule who have TB risk factors and no documented history of prior positive screening tests for TB shall be screened with either a TB skin test or interferon gamma release assay (IGRA). Inmates with a documented previously positive TB skin test or IGRA, or a new positive result upon testing, shall receive a chest X-ray. (6) Exceptions: (a) A correctional facility is not required to retest an inmate at each admission under section (5) of this rule if: (A) There is a documented record of a negative TB skin test or negative IGRA or normal chest X-ray within the past year; or (B) There is a documented record of adequate TB treatment or compliance with a currently prescribed TB treatment. (b) This exception does not apply if the inmate has symptoms of TB, evidence of new exposure to a person with infectious TB disease or a diagnosis of HIV/AIDS. (7) Nothing in these rules prohibit any correctional facility from having more stringent TB screening requirements. Statutory/Other Authority: ORS 431.110, 432.060, 433.001–433.035, 433.110–433.220 & 433.332 Statutes/Other Implemented: ORS 431.150, 431.155, 431.170, 433.001–433.035, 433.110–433.220 & 433.332 History: PH 182-2022, minor correction filed 08/11/2022, effective 08/11/2022 PH 12-2011, f. & cert. ef. 12-14-11
333-019-0061 Infection Prevention in Health Care Settings (1) As used in this rule: (a) "Health care setting" means: (A) A health care facility as that term is defined in ORS 442.015; (B) An infirmary (for example, in a jail or prison); (C) A residential facility or assisted living facility as those terms are defined in ORS 443.400; (D) An adult foster home as that term is defined in ORS 443.705; (E) A hospice program as that term is defined in ORS 443.850; or (F) Any other inpatient or outpatient facility that provides health services as that term is defined in ORS 442.015. (b) "Health care provider" means an individual licensed by the: (A) Oregon State Board of Nursing; (B) Oregon Medical Board; (C) Oregon Board of Dentistry; (D) Board of Direct Entry Midwifery; (E) Respiratory Therapist and Polysomnographic Technologist Licensing Board; or (F) The Oregon Health Authority to the extent that the authority licenses emergency medical services providers. (2) To control the spread of communicable disease, health care providers working in a health care setting must strictly adhere to " standard precautions" described in the Centers for Disease Control and Prevention (CDC) "Guideline for Isolation Precautions: Preventing Transmission of Infectious Agents in Healthcare Settings (2007)" (https://www.cdc.gov/infectioncontrol/guidelines/isolation/ ). Statutory/Other Authority: 413.042, 431.110, 433.004, 442.015, 443.400, 443.705 & 443.850 Statutes/Other Implemented: 431.110, 433.004, 443.400, 443.705 & 443.850 History: PH 21-2017, adopt filed 12/21/2017, effective 01/01/2018
333-020-0128 Determining Facility Requirements to Provide Hearing Screenings in Newborns (1) A non-mandated facility whose reports of live births increases to more than 200 following the end of a calendar year shall be required to begin providing newborn hearing screening on or before July 1 of the following calendar year. (2) A mandated facility whose reports of live births decreases to 200 or less following the end of a calendar year may choose to discontinue providing newborn hearing screening on or after July 1 of the following year. Statutory/Other Authority: ORS 433.321 Statutes/Other Implemented: ORS 433.321 History: PH 29-2025, adopt filed 12/31/2025, effective 01/01/2026
333-020-0130 Facility Requirements to Provide Hearing Screenings in Newborns (1) In all mandated facilities, each newborn shall receive a hearing screening, consistent with the Hearing Screening Protocol, prior to discharge from the facility. (2) A mandated facility may not refuse to conduct a hearing screening due to an inability of the parent or guardian to pay for the procedure. (3) In all non-mandated facilities where a hearing screening is not performed, each newborn’s parent or guardian shall be provided with information furnished by the Oregon Health Authority (Authority) including, but not limited to: (a) A statement indicating that newborn hearing screening is important to determine the presence or absence of hearing loss and is considered standard of care; and (b) A list of Authority recommended screening facility locations and contact information. (4) A non-mandated facility that chooses to conduct hearing screenings must follow guidelines and follow-up requirements established for a mandated facility identified in these rules. Statutory/Other Authority: ORS 433.321 Statutes/Other Implemented: ORS 433.321 History: PH 29-2025, amend filed 12/31/2025, effective 01/01/2026 PH 26-2017, amend filed 12/21/2017, effective 01/01/2018 PH 21-2003, f. & cert. ef. 12-16-03 OHD 8-2000, f. & cert. ef. 7-20-00
333-020-0132 Follow Up Requirements for Facilities Conducting Hearing Screenings All screening facilities shall: (1) Provide to the parent or guardian of the child, the following: (a) Hearing screening results verbally and in writing within 10 days of the screening. (A) This information shall include a description of the meaning of a “Pass” result and a “Refer” result, as defined in these rules. (B) For parents or guardians who have limited English proficiency or who prefer to communicate in a language other than English or who communicates in signed language, health care interpreter services shall be provided in accordance with ORS 413.559 and OAR 950-050-0160. (C) Written information shall be provided in the parent or guardian’s language of choice. (b) Names and contact information for diagnostic facilities and a description of the importance of timely diagnosis and intervention for any child who needs additional testing. (c) Information on congenital cytomegalovirus (cCMV), furnished by the Oregon Health Authority. (2) Provide the primary care provider of the child, the hearing screening results in writing within 10 days of the screening. This notification shall include a description of the meaning of a “Pass” result and a “Refer” result, as defined in these rules. (3) Identify a point of contact for the facility and provide the designated staff name and contact information to the Early Hearing Detection and Intervention Program to aid in the follow up and care coordination of children screened at their facility. Statutory/Other Authority: ORS 433.321 & ORS 433.323 Statutes/Other Implemented: ORS 433.321, ORS 433.323 & ORS 433.298 History: PH 29-2025, amend filed 12/31/2025, effective 01/01/2026 PH 26-2017, adopt filed 12/21/2017, effective 01/01/2018
333-020-0135 Facility Responsibility if Hearing Screening is Not Conducted Timely (1) If a newborn is discharged from a mandated facility prior to completion of a newborn hearing screening, the mandated facility shall arrange for the provision of screening. (2) If a newborn is admitted to a hospital as a result of transfer from another hospital or birthing center, the receiving hospital from which the child is discharged to home shall be responsible for ensuring that a hearing screening is performed, according to the Hearing Screening Protocol. Statutory/Other Authority: ORS 433.321 Statutes/Other Implemented: ORS 433.321 History: PH 29-2025, amend filed 12/31/2025, effective 01/01/2026 PH 26-2017, amend filed 12/21/2017, effective 01/01/2018 PH 21-2003, f. & cert. ef. 12-16-03 OHD 8-2000, f. & cert. ef. 7-20-00
333-020-0150 Reporting Responsibility for Facilities Conducting Hearing Screenings (1) Within 10 days of screening a child, a screening facility shall report, at a minimum, the following information to the Oregon Health Authority (Authority) via the confidential reporting mechanism(s) established by the Authority: (a) Full name of the child; (b) Child's date of birth; (c) Parent or guardian’s name, address and contact information; (d) Name of birthing facility; (e) Name of screening facility, if different than birthing facility; (f) Identification number from newborn blood spot screening kit, for matching purposes; (g) Medical record number, for matching purposes; (h) Left and right ear specific results of the hearing screening or status of the newborn hearing screening, if not completed; (i) Type of screening performed; (j) Date that screening was performed; (k) Name of child’s primary health care provider, for any child who has a “Refer” result on a hearing screening, does not receive a complete hearing screening, or has a risk factor for hearing loss; and (l) Name of secondary point of contact for any child who has a “Refer” result on a hearing screening, does not receive a complete hearing screening, or has a risk factor for hearing loss. (2) The Authority may request that screening facilities report additional information deemed necessary to: (a) Match the hearing screening result or status with the appropriate child in the Early Hearing Detection and Intervention Information System; (b) Assist in tracking and follow up for children needing additional testing; and (c) Identify children with risk factors for hearing loss. Statutory/Other Authority: ORS 433.323 Statutes/Other Implemented: ORS 433.321–433.327 History: PH 29-2025, amend filed 12/31/2025, effective 01/01/2026 PH 26-2017, amend filed 12/21/2017, effective 01/01/2018 PH 21-2003, f. & cert. ef. 12-16-03 OHD 8-2000, f. & cert. ef. 7-20-00
333-020-0151 Reporting Responsibility for Facilities Conducting Diagnostic Testing for Hearing Loss in Children (1) Within 10 days of testing of a child who has a "Refer" result on the hearing screening, or who presents for an initial or completion of a hearing screening, or who is diagnosed with a permanent hearing loss, the diagnostic facility conducting the testing shall report, at a minimum, the following information to the Oregon Health Authority (Authority) via the confidential reporting mechanism(s) established by the Authority: (a) Full name of the child; (b) Child's date of birth; (c) Name of birthing facility, if known; (d) Parent or guardian's name, address, and contact information; (e) Name of child's primary health care provider; (f) Newborn hearing screening results, if not already known; (g) Name of diagnostic facility; (h) Type of diagnostic tests performed; (i) Date that diagnostic testing was performed; (j) Left and right ear specific results, including type and degree of hearing loss, if applicable; (k) Disposition, including referrals indicated for early intervention or other services; (l) Name and contact information for person completing diagnostic hearing evaluation; and (m) For those diagnosed with permanent hearing loss, the complete evaluation report. (2) The Authority may request that diagnostic facilities report additional information deemed necessary to: (a) Match the follow-up test result or status with the appropriate child in the Early Hearing Detection and Intervention Information System; and (b) Provide or offer follow-up services to children identified with hearing loss or at-risk of hearing loss. Statutory/Other Authority: ORS 433.323 Statutes/Other Implemented: ORS 433.321–433.327 History: PH 29-2025, amend filed 12/31/2025, effective 01/01/2026 PH 26-2017, amend filed 12/21/2017, effective 01/01/2018 PH 21-2003, f. & cert. ef. 12-16-03
333-020-0155 Responsibility for Issuing Reports The Oregon Health Authority shall issue an annual report and analysis of aggregated data submitted by all screening facilities, diagnostic facilities, and early intervention facilities. Statutory/Other Authority: ORS 433.323 Statutes/Other Implemented: ORS 433.321–433.327 History: PH 29-2025, amend filed 12/31/2025, effective 01/01/2026 PH 26-2017, amend filed 12/21/2017, effective 01/01/2018 PH 21-2003, f. & cert. ef. 12-16-03 OHD 8-2000, f. & cert. ef. 7-20-00
333-020-0160 Appointment of an Advisory Committee The Director may appoint an advisory committee. (1) Individuals eligible to serve on an advisory committee include but are not limited to representatives from the following categories: (a) Parent or guardian of a deaf or hard of hearing child; (b) Deaf or hard of hearing adult identified in childhood; (c) Pediatric health care provider; (d) Clinical audiologist representing a diagnostic facility; (e) Hospital newborn hearing screening program representative; (f) Early intervention program representative; (g) Local public health agency representative; and (h) Speech-language pathologist. (2) The purpose of the advisory committee is to gather its members’ collective knowledge, experience, expertise, and insight to assist the Oregon Health Authority (Authority) in meeting its responsibilities including advising on issues and topics related to the identification of deaf and hard of hearing (D/HH) children through a universal hearing screening program, follow up diagnostic testing appointments, and referrals to early intervention services. (3) The Authority will solicit members for an advisory committee by public announcement; Individuals interested in serving on the committee are required to complete an application. From the applications received, the Director will appoint, at a minimum, 10 members who are willing to undertake the duties of an advisory committee member and adhere to the committee bylaws adopted and established by the Authority. The Authority will notify each applicant in writing whether they have been appointed to the committee. (4) An advisory committee member must: (a) Attend meetings. If there are more than two unexcused absences in a two-year period, membership is terminated at the following meeting and the position is declared vacant. (b) Comply with any confidentiality requirements established by the Authority. (5) Members shall serve for a two-year term, beginning and ending with the annual meeting in January, and may reapply for membership. (6) All advisory committee meetings are subject to Oregon’s Public Meetings Law (ORS 192.610 to 192.705). (7) Advisory committee meetings are convened at the discretion of the Authority. Statutory/Other Authority: ORS 431.250 Statutes/Other Implemented: ORS 433.321–433.327 History: PH 29-2025, amend filed 12/31/2025, effective 01/01/2026 PH 26-2017, amend filed 12/21/2017, effective 01/01/2018 PH 21-2003, f. & cert. ef. 12-16-03 OHD 8-2000, f. & cert. ef. 7-20-00
333-020-0165 Exemptions from Hearing Screening (1) A mandated facility directed to provide hearing screenings is exempt from the requirements specified in these rules if the parent or guardian of the newborn child objects to the screening procedure on the grounds that it conflicts with the religious tenets and practices of the parent or guardian. (2) The parent or guardian must sign a statement that the child is being reared with religious tenets and practices that conflict with the screening and that the hearing screening is waived for religious reasons. Statutory/Other Authority: ORS 433.323 & ORS 433.321 Statutes/Other Implemented: ORS 433.321–433.327 History: PH 29-2025, amend filed 12/31/2025, effective 01/01/2026 PH 26-2017, amend filed 12/21/2017, effective 01/01/2018 PH 21-2003, f. & cert. ef. 12-16-03 OHD 8-2000, f. & cert. ef. 7-20-00
333-020-0170 Facility Requirements to Provide Congenital Cytomegalovirus (cCMV) Screening to Newborns (1) No later than April 1, 2026, all birthing facilities must conduct congenital cytomegalovirus (cCMV) screening on every newborn within 14 days of birth and prior to discharge of the newborn from the facility. (2) If a birthing facility is part of a Health Maintenance Organization, the facility must conduct congenital cytomegalovirus (cCMV) screening on every newborn within 14 days of birth. Statutory/Other Authority: ORS 433.321 Statutes/Other Implemented: ORS 433.321 History: PH 29-2025, adopt filed 12/31/2025, effective 01/01/2026
333-020-0175 Follow Up Requirements for Facilities Conducting Congenital Cytomegalovirus (cCMV) Screenings If a newborn has a positive screening result for congenital cytomegalovirus (cCMV), the birthing facility: (1) Shall notify the parent or guardian and the primary care provider of the newborn of the result through direct personal communication. (a) For parents or guardians who have limited English proficiency or who prefer to communicate in a language other than English or who communicates in signed language, health care interpreter services shall be provided in accordance with ORS 413.559 and OAR 950-050-0160. (b) Written information shall be provided in the parent or guardian’s language of choice. (2) Is encouraged to provide the parent or guardian and primary care provider of the newborn with information on congenital cytomegalovirus (cCMV) diagnostic testing and care, consistent with Congenital Cytomegalovirus (cCMV) Diagnostic Testing and Care Protocol. Statutory/Other Authority: ORS 433.321 Statutes/Other Implemented: ORS 433.321 History: PH 29-2025, adopt filed 12/31/2025, effective 01/01/2026
333-020-0180 Facility Responsibility if Transfer Occurs Prior to Congenital Cytomegalovirus (cCMV) Screening If a newborn is admitted to a hospital as a result of transfer from another hospital or birthing center, the receiving hospital from which the child is discharged to home shall be responsible for ensuring that a congenital cytomegalovirus (cCMV) screening is performed. Statutory/Other Authority: ORS 433.321 Statutes/Other Implemented: ORS 433.321 History: PH 29-2025, adopt filed 12/31/2025, effective 01/01/2026
333-020-0185 Exemptions from Congenital Cytomegalovirus (cCMV) Screening A hospital or birthing center is exempt from conducting congenital cytomegalovirus (cCMV) screening if the parent or guardian of the newborn objects in writing. Statutory/Other Authority: ORS 433.321 & ORS 433.323 Statutes/Other Implemented: ORS 433.321 - 433.327 History: PH 29-2025, adopt filed 12/31/2025, effective 01/01/2026
333-020-0187 Dissemination of Cytomegalovirus Information (1)(a) The Oregon Health Authority (Authority) shall disseminate information about congenital cytomegalovirus (cCMV), as described in ORS 433.298, to the following entities: (A) Prenatal healthcare providers; (B) Hospitals; (C) Birthing centers; (D) Screening facilities; (E) The Department of Early Learning and Care; (F) The public; and (G) Certified or registered childcare facilities, as defined in ORS 329A.263, for the purpose of educating employees about the risk of contracting cytomegalovirus during pregnancy. (b) Information may be disseminated by print, electronic mail, video, or other cost-effective methods, as determined by the Authority. (2) Hospitals, birthing centers, screening facilities, and prenatal healthcare providers shall, at a minimum, provide the information about congenital cytomegalovirus (cCMV) developed by the Authority to the parent or guardian of the newborn in print within 48 hours after birth. (3) Prenatal healthcare providers are encouraged to provide information to pregnant individuals as early as possible during pregnancy for the purpose of educating individuals on prevention measures and risks associated with contracting congenital cytomegalovirus (cCMV) infection during pregnancy. Statutory/Other Authority: ORS 433.323 Statutes/Other Implemented: ORS 433.323, ORS 433.298 & ORS 433.321 History: PH 29-2025, adopt filed 12/31/2025, effective 01/01/2026
333-021-0700 Form for Reporting Written Request and Consent to Performance of Artificial Insemination The form, referred to as Exhibit 2 and by this reference made a part hereof, is adopted as the form for reporting written request and consent to performance of artificial insemination pursuant to ORS 677.365. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 677.365 Statutes/Other Implemented: ORS 677.365 History: HD 3-1978, f. & ef. 2-21-78 HD 146(Temp), f. & ef. 11-7-77