justicedao/ipfs_state_laws huggingface dataset:
918-780-0045 Medical Gas System Plan Reviews (1) The authority having jurisdiction shall require complete specifications and plans for medical gas system installations or proposed alterations prior to issuing a permit. Plans and specifications shall indicate the nature and extent of the work proposed and show in detail that the work will conform with the medical gas provisions of these rules. Sizing calculations may be requested by the administrative authority. (2) Medical gas systems plan review may be waived by the authority having jurisdiction for small renovations, repairs or extensions to existing systems, if the nature of the work applied for is such that reviewing of plans is not necessary to determine compliance with the medical gas provisions of these rules. (3) Where medical gas system plans, specifications or calculations are required by the authority having jurisdiction, such plans shall bear the seal and signature of an Oregon-registered professional engineer. (4) When the medical gas systems plan review is completed by a qualified medical gas plan reviewer and a medical gas permit is issued, the plans shall be endorsed in writing and stamped "approved.” The approved plans shall not be changed without authorization from the inspecting authority having jurisdiction. (5) Issuance of a permit or approval of plans shall not prevent the authority having jurisdiction from requiring the correction of errors in plans and specifications or from preventing construction operations when in violation of the Plumbing Specialty Code, or of any other ordinance or from revoking any certificate of approval when issued in error. (6) The cost of plan review for medical gas systems work performed by the Building Codes Division shall be based on the time required to review the plans, but shall not exceed 30 percent of the total plumbing permit fee for the building or structure under review. When plans are incomplete or substantially changed so as to require additional plan review, additional plan review fees may be charged based on the additional time required. Statutory/Other Authority: ORS 447.020 Statutes/Other Implemented: ORS 447.010 History: BCD 27-2000, f. 10-13-00 cert. ef. 10-01-01
918-780-0050 Qualifications for Persons Performing Plumbing and Medical Gas Systems Plan Reviews Plumbing plan reviews shall be conducted only by persons with the appropriate division plumbing inspector or limited plumbing inspector certification. Medical gas systems plan reviews shall be conducted only by persons with the appropriate division plumbing inspector certification and a current and valid medical gas inspector certification as defined in OAR 918-695-0410. Persons employed for purposes of enforcing the requirements of other administrative agencies are exempt from this rule. Statutory/Other Authority: ORS 447.010, 447.020 & 455.020 Statutes/Other Implemented: ORS 447.010 & 447.020 History: BCD 27-2000, f. 10-13-00 cert. ef. 10-01-01 BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98
918-780-0065 Permits Required No person, firm, or corporation shall do plumbing or medical gas systems work in the State of Oregon without first obtaining a plumbing permit or minor label when required and paying the appropriate fees to the authorized permit issuing agency. Statutory/Other Authority: ORS 447.010 & 447.020 Statutes/Other Implemented: ORS 447.010 & 447.020 History: BCD 11-2014, f. 9-30-14, cert. ef. 10-1-14
918-780-0085 License Required Whenever any plumbing installation is being made by an unlicensed person contrary to the provisions of the Oregon Plumbing Specialty Code or OAR chapter 918, division 695, the building official must stop the installation through written notice. The building official may serve the notice on any person engaged in such an installation, or by posting a copy of the written notice at the site of the installation. No person may proceed with the installation until authorized by the building official. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 447.010 & 447.020 Statutes/Other Implemented: ORS 447.010 & 447.020 History: BCD 11-2014, f. 9-30-14, cert. ef. 10-1-14
918-780-0130 Use of Minor Installation Labels (1) Plumbing contractors having a valid certificate of registration under ORS 447.030 and a verified Construction Contractors Board license, when using plumbers having a certificate of competency under ORS Chapter 693, may purchase and use minor labels as described by OAR 918-100-0000 through 918-100-0060; and (2) Only permit requirements are deleted. The Oregon Plumbing Specialty Code and Oregon Residential Specialty Code plumbing installation provisions and plumbing product certification requirements shall be followed. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 447.072, 447.076, 455.154 & 455.155 Statutes/Other Implemented: ORS 447.072, 447.076, 455.154 & 455.155 History: BCD 11-2014, f. 9-30-14, cert. ef. 10-1-14 BCD 22-2004, f. & cert. ef. 10-1-04 BCD 4-2002, f. 3-8-02, cert. ef. 4-1-01 BCD 22-2000, f. 9-19-00, cert. ef. 10-1-00 BCD 17-1997, f. 9-30-97, cert. ef. 10-1-97 BCD 9-1997(Temp), f. 6-30-97, cert. ef. 7-1-97 BCD 17-1994, f. 7-21-94, cert. ef. 10-1-94
918-780-0140 Scope of Plumbing Work Allowed with Minor Installation Label “Minor plumbing” for installations under the minor label programs permitted by OAR 918-100-0000 through 918-100-0060 shall be as follows: (1) Commercial and industrial minor installation label programs include: (a) Accessible plumbing repair and maintenance; (b) Replacement of up to three accessible plumbing appliances, appurtenances or fixtures as defined in the Oregon Plumbing Specialty Code; or (c) Replacement of up to 20 feet of plumbing piping. (2) One- and two-family dwelling minor installation label programs include: (a) Repair, replacement, or maintenance of water heaters, including water heater conversions; (b) Alteration of parts of an existing plumbing system not exceeding three fixtures, or 20 feet of new piping or both provided the work is “accessible” to an inspector; or (c) Repair or replacement of concealed freeze-damaged or leaking parts of an existing plumbing system not exceeding three fixtures, or 20 feet of new piping or both. (d) Plumbing fixtures as used in this section include, but are not limited to, bathtubs, bidets, showers, sinks, water closets and water heaters. (3) Cross-connection control devices are not considered minor plumbing installations and are excluded under these rules. Statutory/Other Authority: ORS 447.072, 447.076, 455.154 & 455.155 Statutes/Other Implemented: ORS 447.072, 447.076, 455.154 & 455.155 History: BCD 11-2014, f. 9-30-14, cert. ef. 10-1-14 BCD 22-2004, f. & cert. ef. 10-1-04 BCD 4-2002, f. 3-8-02, cert. ef. 4-1-01 BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98 BCD 17-1994, f. 7-21-94, cert. ef. 10-1-94
925-100-0001 Model Rules for Rulemaking The Model Rules for Rulemaking, OAR 137-001-0005 through 137-001-0100, in effect on Jan. 1, 2008, adopted by the Oregon Department of Justice under ORS 183.341, are adopted as the rules of procedure for rulemaking actions of the Prescription Drug Affordability Board. The full text of the Model Rules is available from the Department of Justice, the Prescription Drug Affordability Board, or on the Oregon State Archives website at: https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=291164. Statutory/Other Authority: ORS 646A.693 - 646A.697 Statutes/Other Implemented: ORS 183.325 - 183.410 History: PDAB 2-2022, adopt filed 11/28/2022, effective 12/23/2022 PDAB 1-2022, temporary adopt filed 06/27/2022, effective 06/27/2022 through 12/23/2022
925-100-0002 Notice of Rulemaking (1) Except when adopting a temporary rule, the Prescription Drug Affordability Board will give prior public notice of the proposed adoption, amendment, or repeal of any rule by: (a) Publishing notice of the proposed rulemaking action in the Secretary of State’s Oregon Bulletin at least 21 days before the effective date of the rule; (b) Notifying interested people and organizations on the Prescription Drug Affordability Board’s notification lists of proposed rulemaking actions under ORS 183.335; and (c) Providing notice to legislators as required by ORS 183.335(15). (2) A person or organization may elect to receive email or hard-copy notification of proposed rulemaking actions of the Prescription Drug Affordability Board. (a) A person or organization may elect to subscribe to the Prescription Drug Affordability Board’s email notification service at: https://public.govdelivery.com/accounts/ORDCBS/subscriber/new?topic_id=ORDCBS_732. (b) A person or organization may elect to receive hard-copy notification by sending a request in writing, including the person or organization’s full name and mailing address, to the following address: Rules Coordinator Prescription Drug Affordability Board 350 Winter St. NE P.O. Box 14480 Salem, OR 97309-0405 Statutory/Other Authority: ORS 646A.693 - 646A.697 Statutes/Other Implemented: ORS 183.335 & ORS 84.022 History: PDAB 2-2022, adopt filed 11/28/2022, effective 12/23/2022 PDAB 1-2022, temporary adopt filed 06/27/2022, effective 06/27/2022 through 12/23/2022
925-200-0010 Selecting Prescription Drugs for Affordability Reviews The Prescription Drug Affordability Board (PDAB) will select from the list of eligible prescription drugs, provided by the Department of Consumer and Business Services pursuant to ORS 646A.694, a subset of drugs to prioritize for an affordability review under OAR 925-200-0020 by considering the following for the selection of prescription drugs: (1) Whether any prescription drugs are on each of the insurer reported top 25 lists under ORS 743.025. (2) Whether the prescription drug is included in the manufacturer new drug report or price increase report under ORS 646A.689 for the previous calendar year. (3) Historical and current manufacturer drug price increases, based on wholesale acquisition cost (WAC) information. For drugs with multiple nation drug codes (NDC), a measure of central tendency will be used for a price comparison. (4) The date of U.S. Food and Drug Administration (FDA) approval of the prescription drug and whether the prescription drug was approved through an expedited pathway. Expedited approval includes fast track, priority review, accelerated approval, and breakthrough therapy designation. For brand-name drugs and biological products, whether there are any approved and marketed generic drugs or biosimilar drugs for the specific brand-name drug or biological product. (5) Where there are therapeutic alternatives, the cost and availability of potential alternatives. (6) Whether the prescription drugs have a patent expiration or data exclusivity expiration within 18 months. (7) For insulin drugs marketed in the U.S. and available in Oregon, criteria for selection may include, but not limited to, those products with the highest insurer reported: (a) Overall spend; (b) Per-patient spend; and (c) Patient out-of-pocket cost. Statutory/Other Authority: ORS 646A.693 & ORS 646A.694 Statutes/Other Implemented: ORS 646A.694 History: PDAB 1-2023, adopt filed 07/28/2023, effective 08/01/2023
943-001-0000 Model Rules of Procedure The Oregon Health Authority adopts the Attorney General Model Rules applicable to rulemaking, effective January 1, 2010, with the exception of OAR 137-001-0080. [ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or the Oregon Health Authority.] Statutory/Other Authority: ORS 183.341 & 413.042 Statutes/Other Implemented: ORS 183.341 & 413.042 History: OHA 2-2009, f. 12-31-09, cert. ef. 1-1-10 OHA 1-2009(Temp), f. & cert. ef. 9-14-09 thru 3-12-10
943-001-0007 Delegation of Rulemaking Authority Any officer or employee of the Oregon Health Authority who is identified on a completed Delegation of Authority form signed by the Director or Deputy Director of the Authority and filed with the Secretary of State, Administrative Rules Unit, is vested with the authority to adopt, amend, repeal, or suspend administrative rules as provided on that form until the delegation is revoked by the Director or Deputy Director of the Authority, or the person leaves employment with the Authority. Statutory/Other Authority: ORS 183.341 & 413.042 Statutes/Other Implemented: ORS 183.330, 183.335 & 183.341 History: OHA 1-2011, f. & cert. ef. 7-1-11
943-001-0010 Oregon Health Authority (1) Effective June 26, 2009, 2009 Or. Laws Chapter 595 (House Bill 2009) created the Oregon Health Authority and transferred to the Oregon Health Authority certain duties, functions, and powers of: (a) The Department of Administrative Services (DAS) related to the Public Employees’ Benefit Board (PEBB) and the Oregon Educators Board (OEBB); (b) The Department of Consumer and Business Services (DCBS) related to the Oregon Medical Insurance Pool Board (OMIP); (c) The Office of Private Health Partnerships (OPHP); and (d) The Department of Human Services (DHS) with respect to health and health care. The transferred subject areas of DHS are generally described in Section 19(1)(a), Or. Laws Chapter 595 (House Bill 2009) as including but not limited to: (A) Developing the policies for and the provision of publicly funded medical care and medical assistance in Oregon; (B) Ensuring the promotion and protection of public health and the licensing of health care facilities; (C) Developing the policies for and the provision of mental health treatment and treatment for substance use disorders; (D) Administering the Oregon Prescription Drug Program; and (E) Establishing responsibility for the Office for Oregon Health Policy and Research and all functions of the office. (2) The transferred functions described in section (1)(d)(A)–(E) above are generally carried out as currently described in DHS rules by the Public Health Division, the Addictions and Mental Health Division, and the Division of Medical Assistance Programs. (3) As used in these rules (OAR 943-001-0000 to 943-001-0015) the term “agency” means DHS, PEBB, OEBB, OMIP, and OPHP, and within the context of transfer responsibilities, DAS and DCBS. (4) Effective June 26, 2009, the administration of new non-transferred duties, functions, and powers established by 2009 Or. Laws, Chapter 595 (House Bill 2009), or other 2009 laws, in the Oregon Health Authority or its constituent units is temporarily delegated to the Department of Human Services, subject to the supervision and oversight of the Oregon Health Authority, until operationally transferred, either in whole or in part, to the Oregon Health Authority. (5) Operational transfer may occur, in whole or in part, in any program, business transaction, judicial, or administrative proceeding on the date specified by the Oregon Health Authority but no later than June 30, 2011. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.032 - 413.037 History: OHA 2-2009, f. 12-31-09, cert. ef. 1-1-10 OHA 1-2009(Temp), f. & cert. ef. 9-14-09 thru 3-12-10
943-001-0015 Transition Period Roles and Responsibilities (1) Effective June 26, 2009, to maintain business continuity for the duties, functions, and powers transferred to the Oregon Health Authority, the agencies listed in OAR 943-001-0010(1)(a)–(d) shall continue to exercise their former duties, functions, and powers, subject to the supervision and oversight of the Oregon Health Authority, until superseded, by operational transfer, either in whole or in part, to the Oregon Health Authority, as follows: (a) All rules shall remain in effect and ongoing rule filing processes may continue. (b) All program administration, policies, and procedures remain in effect and may continue to be developed and implemented. (c) Any judicial or administrative action, proceeding, contested case hearing, or administrative review matters, or new action, proceeding, or matter involving or relating to the duties or powers transferred to the Oregon Health Authority shall continue. (d) Rights and obligations legally incurred under contracts, leases, and business transactions shall remain legally valid. (e) Contract, grant, and business transaction procurement and administration duties, functions, and powers shall remain in effect and may continue. (f) Any statutory obligations for taxes, assessments, fees, charges, or payments shall continue to be paid to or reimbursed by the appropriate agency. (g) Any former statutorily required findings, determinations, or recommendations to be made by the agencies shall continue to be made by the agencies. (h) Any former statutorily required filings, notices or service of papers, applications, notices or other documents to be mailed, provided to, or served on the agencies shall continue to be mailed, provided to, or served on the agencies and the agencies shall retain responsibility to take any appropriate actions to protect the interests of the state concerning or arising from any filings, notices, or service. (A) Mailing or service of notices or documents on the agencies shall be considered notice to the Oregon Health Authority. For example, any notice sent to the Department of Human Services Estate Administration Unit for purposes of ORS 113.145, 114.525 and 130.370 shall be considered notice to the Oregon Health Authority. (B) Any filings, notices, or service made to the Oregon Health Authority may be transmitted by the Oregon Health Authority to the appropriate agency. (2) Any and all remaining duties, functions, or powers of the agencies relating to the duties, functions, and powers transferred to the Oregon Health Authority that are not described in section (1) shall continue in effect or be exercised by the agencies until superseded by operational transfer, either in whole or in part, to the Oregon Health Authority. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.032 - 413.037 History: OHA 2-2009, f. 12-31-09, cert. ef. 1-1-10 OHA 1-2009(Temp), f. & cert. ef. 9-14-09 thru 3-12-10
943-003-0000 Definitions The following definitions apply to Oregon Administrative Rule 943-003-0010 unless otherwise indicated: (1) "Authority" means the Oregon Health Authority. (2) "Designee" means any officer or employee of the Authority, appointed by the Director to respond to requests for reduction or waiver of fees for public records of the Authority. (3) "Director" means the Director of the Authority. (4) "Person" means any natural person, corporation, partnership, firm, or association. (5) "Photocopy(ing)" means a photograph, microphotograph and any other reproduction on paper or film in any scale, or the process of reproducing, in the form of a photocopy, a public record. (6) "Public record" includes any writing that contains information relating to the conduct of the public's business that is prepared, owned, used or retained by the Authority regardless of physical form or characteristics. (7) "Requestor" means a person requesting inspection, copies, or other reproduction of a public record of the Authority. (8) "Writing" means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings. It includes information stored on computer tape, microfiche, photographs, films, tape or videotape or that is maintained in a machine readable or electronic form. Statutory/Other Authority: ORS 192.430 & 413.042 Statutes/Other Implemented: ORS192.430 & 192.440 History: OHA 4-2011, f. & cert. ef. 7-1-11
943-005-0000 Purpose and Applicability (1) These rules establish the Oregon Health Authority (Authority) policy of non-discrimination and a process for reporting and investigating complaints of discrimination based on protected class, in accordance with state and federal law, including but not limited to Title VI of the Civil Rights Act of 1964 (Title VI), the Americans with Disabilities Act of 1990 (ADA as amended), Section 504 of the Rehabilitation Act of 1973. (2) These rules do not apply when the: (a) Authority’s Office of Equity and Inclusion (OEI) has determined that the report of discrimination does not involve an allegation of discrimination based on protected class status. (b) Allegation of discrimination based on protected class status is against an entity other than the Authority or an Authority contractor or subcontractor. (3) OAR 943-005-0060 applies to all client service delivery contracts involving the receipt of federal funds executed or amended on or after January 1, 2015. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 History: OHA 3-2014, f. 9-10-14, cert. ef. 1-1-15 OHA 19-2011, f. 8-30-11, cert. ef. 9-1-11 OHA 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11
943-005-0015 Illegal Drug Use (1) Except as provided in OAR 943-005-0015(2), this rule does not prohibit discrimination against an individual based on that individual’s current illegal use of drugs. (2) The Authority shall not deny services to an eligible individual based on the individual’s current illegal use of drugs when the requested or provided services are in connection with drug rehabilitation or other health services related to the individual’s current illegal use of drugs. (3) A drug rehabilitation or treatment program may deny participation to an individual who engages in illegal use of drugs while that individual is in the program. (4) A program may adopt reasonable drug testing policies designed to ensure that an individual who has illegally used drugs in the past is not now using drugs illegally. (5) A psychoactive substance use disorder resulting from current illegal use of drugs is not a disability under these rules. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 History: OHA 3-2014, f. 9-10-14, cert. ef. 1-1-15 OHA 19-2011, f. 8-30-11, cert. ef. 9-1-11 OHA 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11
943-005-0020 Reasonable Modifications (1) Unless the Authority Director or the Director’s designee determines in writing that a modification or alteration will fundamentally alter the nature or benefit of the program, service or activity, or create an undue administrative or financial burden, the Authority shall: (a) Make reasonable modifications to the policies, practices or processes of a program, service or activity when the modifications are necessary to avoid discrimination based on disability. (b) Provide aids and services or alternate format communications to individuals with disabilities where necessary to ensure an equal opportunity to participate in, and enjoy the benefits of a program, service, or activity. (2) The Authority shall decide which aid, service or format may be provided without fundamental alteration or undue burden, but shall consider first the choice of the requester. (a) Except as authorized under specific programs, the Authority is not required to provide personal devices, individually prescribed devices, readers for personal use or study, or services of a personal nature. (b) The Authority shall not assess a charge or fee to an individual with a disability or any group of individuals with disabilities to cover the costs of measures required to provide the individual with a reasonable modification. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 History: OHA 3-2014, f. 9-10-14, cert. ef. 1-1-15 OHA 19-2011, f. 8-30-11, cert. ef. 9-1-11 OHA 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11