justicedao/ipfs_state_laws huggingface dataset:
333-040-0065 Procedures for Owners of Unfit for Use Properties (1) The owner of property determined to be unfit for use shall: (a) Prevent by reasonable means the entry, occupancy or any use whatsoever by anyone of the property in question until the property has been issued a Certificate of Fitness or until the determination that the property is unfit for use has been reversed in writing by the determining agency or by a court of law; except that qualified contractors and regulatory agencies and their authorized agents may enter such properties for purposes of evaluation, sampling, and/or decontamination; and owners or agents of the owner may enter such properties for the purposes of decontamination when approved by the Division as set forth in section (2) of this rule; and (b) Retain a contractor to supervise the decontamination efforts, including: performing a site assessment; supervising site sampling by an independent third party as required in OAR 333-040-0130(1); submitting a work plan for Division approval; and decontaminating the property or supervising the decontamination of the property. An owner or an agent of the owner may perform the decontamination when the requirements of this subsection and the criteria of section (2) or (3) of this rule are met. (2) The Division may approve the performance of the decontamination work by the owner or an agent of the owner in accordance with subsection (1)(b) of this rule if all of the following criteria are met: (a) Methamphetamine was the only drug manufactured at the site; and (b) The method of manufacturing was the ephedrine-red phosphorus or ephedrine-sodium/lithium metal method; and (c) The manufacturing occurred after 1994; and (d) No visual or apparent evidence of manufacturing-related contamination, filth and debris, or biohazards are present; and (e) No manufacturing-related fire occurred. (3) When a contractor is proposing a demolition as a method of decontamination as set forth in section (2) of this rule, the Division may waive subsections (2)(a) through (2)(e) if: (a) Methamphetamine was the only drug manufactured; and (b) The owner or agent of the owner is prohibited from entering the structure(s) to be demolished. (4) The Division may disallow the owner or agent of the owner from performing the decontamination work when there is evidence of removal of contents or any other form of decontamination not approved by the Division. (5) An owner must do one of the following before unfit for use property can be used: provide evidence that the unfit for use property designation has been reversed on appeal; provide evidence that the property has been assessed as set forth in OAR 333-040-0070(1)(a), found not to be contaminated, and a Certificate of Fitness issued; or provide evidence that the property has been decontaminated and a Certificate of Fitness issued. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.855 - 453.912 History: OHD 1-2000, f. & cert. ef. 1-24-00 OHD 2-1998, f. & cert. ef. 2-13-98
333-040-0080 Compliance with Regulations and Disposing of Contents of Unfit for Use Properties A contractor must conduct any abatement activities in compliance with applicable state and federal regulations. Permits may be required for such activities. The contractor shall provide written documentation to the Division of proper disposal of all materials removed from unfit for use properties. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.855 - 453.912 History: OHD 1-2000, f. & cert. ef. 1-24-00 OHD 2-1998, f. & cert. ef. 2-13-98 HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90)
333-040-0090 Destruction of Unfit for Use Property Property found to be unfit for use may be demolished all or in part in order to remove the contamination. A contractor shall comply with all state and local requirements, including any permits, for protecting health and the environment in any Division-approved demolition, and shall remove or contain all hazards resulting from the illegal drug manufacturing. A contractor shall submit a written work plan to the Division and receive written approval from the Division prior to the demolition. Where required, permits for demolition shall also be obtained from the Building Codes Division, city or county building authority before demolition begins. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.855 - 453.912 History: OHD 1-2000, f. & cert. ef. 1-24-00 OHD 2-1998, f. & cert. ef. 2-13-98 HD 2-1991, f. & cert. ef. 2-28-91 HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90)
333-040-0100 Disclosure for Sale or Transfer of Illegal Drug Manufacturing Sites (1) An owner of unfit for use property may transfer or sell the property before a Certificate of Fitness is issued if the owner provides full written disclosure to the buyer or transferee. The owner shall attach the disclosure statement to the earnest money receipt, if any, or otherwise attach the disclosure statement to the sale or transfer document for each transaction, and shall, at a minimum, include each of the following: (a) A verbatim statement as follows: “The property in this transaction has been determined to be an illegal drug manufacturing site and cannot be rented, leased, entered or used for any reason without first being issued a Certificate of Fitness by the Public Health Division.” The statement shall be in 10-point, bold type or equivalent; (b) A brief description of the property including street address and legal description; (c) A brief description of the kind and location of all drug manufacturing activities on the property if known; (d) The name and address of the owner of record, the name and address of the buyer/recipient, and the date of the transfer; (e) The name of the agency that determined the property was unfit for use; (f) The address and telephone number of the agency that made the above determination; and (g) A photocopy of the written notice of determination as issued by the determining agency listed in ORS 453.876. (2) The owner shall provide a copy of the disclosure statement for each transaction to the Building Codes Division and the Public Health Division within 10 days of the closing of the sale or transfer. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.855 - 453.912 History: OHD 1-2000, f. & cert. ef. 1-24-00 OHD 2-1998, f. & cert. ef. 2-13-98 HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90)
333-040-0120 Contractor Listing The Division shall maintain a complete listing of Drug Laboratory Decontamination Contractors and shall provide copies of the list as follows: (1) To the Director of the Department of Consumer and Business Services who shall supply the list and updates to local building code enforcement agencies; (2) To the Administrator of each county health department in the state; (3) Upon request, to any property owner, prospective buyer, licensee or other interested person. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.855 - 453.912 History: OHD 1-2000, f. & cert. ef. 1-24-00 OHD 2-1998, f. & cert. ef. 2-13-98 HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90)
333-040-0130 On-Site Supervision (1) The contractor shall insure that at all times during site assessment and sampling activities on illegal drug manufacturing sites, a qualified supervisor employed by the contractor shall be on site and responsible for the activities performed. The Division may also require the presence of such a supervisor on these sites during decontamination activities. Supervisors shall at all times while on site carry identification provided by the Division attesting to their training and credentials. (2) An applicant for a decontamination license must demonstrate that it has one or more qualified supervisors on staff. (3) A contractor may not perform any illegal drug manufacturing site activities unless the contractor has at least one certified supervisor. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.855 - 453.912 History: OHD 1-2000, f. & cert. ef. 1-24-00 OHD 2-1998, f. & cert. ef. 2-13-98 HD 12-1994, f. & cert. ef. 4-22-94 Reverted to HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90) HD 15-1993(Temp), f. & cert. ef. 10-14-93 HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90)
333-040-0135 Qualifications and Training of Sampling Personnel Persons collecting site samples shall have the following minimum qualifications: (1) Have completed hazardous materials training, as set forth in OAR 333-040-0110(5); and (2) Be a certified Industrial Hygienist (CIH); or (3) Have a Bachelor of Science Degree in Health and Safety, Industrial Hygiene, Environmental Sciences, or Basic Sciences, and six months experience working with or for a professional environmental or industrial hygiene firm, Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), Department of Environmental Quality (DEQ), or for an environmental laboratory certified under a state, federal, or professional program; or (4) Have an Associate Degree in Hazardous Materials Management or Environmental Evaluations/Chemistry, and one year experience working under the direct supervision of personnel identified in section (2) or (3) of this rule. Persons who have been collecting samples at drug lab sites consistently since prior to January 1, 2000, are exempt from the requirements in sections (2), (3), and (4) of this rule. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.855 - 453.912 History: PH 14-2004, f. & cert. ef. 4-9-04 PH 15-2003(Temp), f. & cert. ef. 10-27-03 thru 4-16-04 OHD 1-2000, f. & cert. ef. 1-24-00 OHD 2-1998, f. & cert. ef. 2-13-98
333-040-0140 Entry and Inspection Properties determined to be unfit for use may be entered and inspected as set forth in ORS 453.873 and Oregon Laws 1999, Chapter 861. Law enforcement officials may accompany such entries for safety or security purposes. The owner, manager, tenant, or occupant of such property shall allow access to all parts of such property for these purposes and for quality control evaluations pursuant to OAR 333-040-0150 from the date of the finding that the property is unfit for use and up to six months after a Certificate of Fitness has been issued. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.855 - 453.912 History: OHD 1-2000, f. & cert. ef. 1-24-00 HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90)
333-040-0150 Quality Control Checks (1) The Division or designated agents may inspect, evaluate and perform tests upon any property for which a Certificate of Fitness has been requested or issued. The inspection, evaluation and tests shall determine whether the approved work plan was followed, whether post-cleaning tests submitted meet the requirements of OAR 333-040-0070(3), and whether the property has been decontaminated adequately. The contractor shall be subject to license revocation, suspension, civil penalties or other penalties as set forth in ORS 453.990 if inadequate decontamination is found. (2) The Division may monitor the work of any contractor at any illegal drug manufacturing site. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.855 - 453.912 History: OHD 1-2000, f. & cert. ef. 1-24-00 HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90)
333-040-0170 Advice and Consultation Between the dates of scheduled training for contractors as set forth in ORS 453.888, the Division shall be available to consult with contractors, as well as those planning to become contractors, on information pertinent to illegal drug manufacturing sites, including but not limited to chemicals found at such sites and their toxicity, new or revised decontamination procedures, personal protective equipment and applicable federal regulations and state rules. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.855 - 453.912 History: OHD 1-2000, f. & cert. ef. 1-24-00 HD 2-1991, f. & cert. ef. 2-28-91 HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90)
333-040-0180 Licenses and Fees (1) For applicants applying for an initial license, the following fees are payable to the Division: (a) Drug Site Decontamination Contractors initial training course: (A) Course Registration and Processing fee: $150.00; (B) Initial Examination fee (each time taken): $100.00; (C) Refresher Course fee: $100.00. (b) Initial License Application fee: $1,000.00 (if made on or before July 1, of even-numbered calendar years) If initial application is made before July 1, of any odd-numbered year: $500.00. (2) Renewal of License: (a) Renewal fee (must be made on or before July 1 of even-numbered years): $1,000.00. Licenses expire on June 30 of each even-numbered year and must be renewed on or before July 1 of each even-numbered year. (b) Penalty for late renewal (if made after July 15): $100.00. (3) Reciprocity fees: (a) License Application fee: $1,000.00 (if made on or before July 1 of even-numbered calendar years). If application is made before July 1 of any odd-numbered year: $500.00; (b) Contractor License Review fee: $200.00; (c) Worker or Supervisor Certification Review fee: $100.00. (4) Decontamination fees: (a) Site Assessment Review fee: $300.00; (b) Work Plan Review fee — for each real property including all property associated thereto: $900.00. Work Plan Review fee — for vehicles, trailers, and boats not associated with real property: $100.00; (c) Project Completion Review and Certificate of Fitness fee (for each property): $200.00; (d) Issuance of additional copies of Certificate of Fitness: $5.00. (5) No portion of any of the above fees is refundable unless the fee was submitted in error and the application is withdrawn by written request of the applicant within 10 working days of submission. Statutory/Other Authority: ORS 453.864 & 453.894 Statutes/Other Implemented: ORS 453.855 - 453.995 History: OHD 5-2000, f. & cert. ef. 5-4-00 OHD 1-2000, f. & cert. ef. 1-24-00 OHD 2-1998, f. & cert. ef. 2-13-98 HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90)
333-040-0190 Reciprocity (1) The Division may provide reciprocal licensure for contractors licensed in another state, and reciprocal certification for supervisors and workers trained and certified in another state if standards and training are substantially equivalent to these rules. Applications for a decontamination contractor license or worker/supervisor certification are subject to review and approval by the Division. Applicants for reciprocity shall submit to the Division: (a) A completed application on a form provided by the Division; (b) Documentation of specialized training for drug manufacturing site decontamination; (c) Evidence of successful completion of training as set forth in OAR 437-002-0100(18) and 29 CFR 1910.120(e); (d) Evidence of registration, bonding, and insurance with the Oregon Construction Contractor’s Board; and (e) A fee as set forth in OAR 333-040-0180. (2) After reviewing the application, the Division may issue the applicant a certificate/license or require: (a) Additional information; (b) A refresher course; or (c) A Division-administered examination. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.855 - 453.912 History: OHD 1-2000, f. & cert. ef. 1-24-00 HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90)
333-040-0230 Denial, Suspension, Revocation of License and Civil Penalties (1) An applicant for an initial license as a Drug Laboratory Decontamination Contractor will be denied if the applicant fails to meet any of the qualifications or requirements of these rules. (2) The Division may deny, suspend or revoke the license of any contractor pursuant to ORS 453.888, 183.310 to 183.550 and Oregon Laws 1999, Chapter 849. (3) Denials, suspensions and revocations of licenses are contested cases subject to ORS 183 and Oregon Laws 1999, Chapter 849 and the model procedural rules of the Attorney General. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.855 - 453.912 & 453.912 History: OHD 1-2000, f. & cert. ef. 1-24-00 OHD 2-1998, f. & cert. ef. 2-13-98
333-045-0410 Purpose International health regulations allow countries to require arriving travelers to provide proof of yellow fever vaccination. The U.S. Centers for Disease Control and Prevention (CDC) Director has delegated the authority to designate yellow fever vaccination centers authorized to issue international certificates of vaccination or prophylaxis to the Oregon Health Authority (Authority) under 42 CFR Part 71.3. OAR 333-045-0410 to 333-045-0440 set out the Authority’s process and the requirements for designation as a yellow fever vaccination center. Statutory/Other Authority: ORS 413.042, ORS 431.110, ORS 431.115 & ORS 431.141 - 431.149 Statutes/Other Implemented: ORS 413.042, ORS 431.110, ORS 431.115 & ORS 431.141 - 431.149 History: PH 4-2025, adopt filed 01/22/2025, effective 01/22/2025
333-045-0420 Adoption by Reference Outside standards, listings and publications referred to in these rules are by reference made a part of these rules as if fully set forth. Statutory/Other Authority: ORS 413.042, ORS 431.110, ORS 431.115 & ORS 431.141 - 431.149 Statutes/Other Implemented: ORS 413.042, ORS 431.110, ORS 431.115 & ORS 431.141 - 431.149 History: PH 4-2025, adopt filed 01/22/2025, effective 01/22/2025
333-045-0430 Definitions The following definitions apply to OAR 333-045-0410 to 333-045-0440. (1) “Authority” means the Oregon Health Authority. (2) “CDC” means the U.S. Centers for Disease Control and Prevention. (3) “Designated prescriber” means a prescriber who is currently designated under OAR 333-045-0440 as a yellow fever vaccination center authorized to issue international certificates of vaccination or prophylaxis as described in 42 CFR Part 71.3. (4) “International Certificate of Vaccination or Prophylaxis” or “yellow card” means the official, internationally recognized document that travelers use to document proof of vaccination for diseases included under international health regulations. (5) "Prescriber" means a medical provider with prescription writing privileges currently licensed in Oregon including physicians (MD, DO), physician associates, nurse practitioners, naturopaths (ND), dentists (DMD, DDS), and certified immunizing pharmacists. (6) “Uniform stamp” means a stamp provided by the Authority to a designated prescriber. (7) “Yellow fever vaccine manufacturer” means a pharmaceutical company with a biologics license application to distribute yellow fever vaccine in the United States. Statutory/Other Authority: ORS 413.042, ORS 431.110, ORS 431.115 & ORS 431.141 - 431.149 Statutes/Other Implemented: ORS 413.042, ORS 431.110, ORS 431.115 & ORS 431.141 - 431.149 History: PH 4-2025, adopt filed 01/22/2025, effective 01/22/2025
333-046-0010 Purpose of Vaccines for Children (VFC) The Vaccines for Children (VFC) program is a federally funded program established in 1993 through the Omnibus Budget Reconciliation Act (OBRA). Known as section 1928 of the Social Security Act, the VFC program is an entitlement program for children, age 18 and younger who are categorically eligible. Categories of eligibility are limited to: enrollment in Medicaid; lack of health insurance; American Indian/Alaskan Native heritage; and in federally-qualified health centers and rural health clinics, insurance that does not cover immunizations. The VFC program provides vaccines recommended by the Advisory Committee on Immunization Practices (ACIP) at no cost, besides an administration fee, to the recipient. If the recipient cannot pay the administration fee, it must be waived. Statutory/Other Authority: ORS 413.042 & 431.250 Statutes/Other Implemented: ORS 413.042 & 431.250 History: PH 1-2025, amend filed 01/22/2025, effective 01/22/2025 PH 39-2016, f. & cert. ef. 12-22-16
333-046-0015 Purpose of Vaccine Access Program (VAP) The Vaccine Access Program (VAP) is designed to provide selected vaccines purchased by the Oregon Health Authority to enrolled clinics. (1) Vaccines purchased using funds provided through the federal Section-317 program may be used for adults with no insurance or whose insurance does not include immunization coverage. 317 vaccines must be provided at no cost, besides an administration fee, to the recipient. If the recipient cannot pay the administration fee, it must be waived. (2) Billable vaccines purchased using state funds may be provided to insured patients served at a VAP-enrolled clinic. The cost of the vaccine serum and an administration fee may be billed to the vaccine recipient or their payor. Statutory/Other Authority: ORS 413.042 & ORS 431.250 Statutes/Other Implemented: ORS 413.042 & ORS 431.250 History: PH 1-2025, adopt filed 01/22/2025, effective 01/22/2025
333-046-0020 Adoption by Reference Outside standards, listings and publications referred to in these rules are by reference made a part of these rules as if fully set forth. Statutory/Other Authority: ORS 413.042 & 431.250 Statutes/Other Implemented: ORS 413.042 & 431.250 History: PH 39-2016, f. & cert. ef. 12-22-16
333-046-0030 Definitions (1) "ACIP" means the Advisory Committee on Immunization Practices, a group of experts convened by the Centers for Disease Control and Prevention to provide guidance and advice on the immunization of the civilian population. (2) "Alaskan Native" means a person who self-identified as having Alaskan Native heritage. (3) "ALERT IIS" means the ALERT Immunization Information System. (4) "American Indian" means a person who self-identifies as having Native American heritage. (5) "Authority" means the Oregon Health Authority. (6) “Billable vaccine” means a vaccine purchased by the Authority using state funds for use in insured recipients served at Vaccine Access Program (VAP)-enrolled clinics. (7) “CDC” means the Centers for Disease Control and Prevention. (8) “Clinic” means a facility providing medical services to outpatients. A clinic may have a solo practitioner or be a group practice. Pharmacies and hospitals that provide immunization services are also considered clinics for the purposes of this rule. (9) “Enrolled clinic” means a clinic that is authorized to receive vaccines under OAR 333-046-0040. (10) “FQHC” means a federally-qualified health center. (11) “Oregon Vaccine Management Guide” means a document produced by the Authority that describes provider requirements for vaccine inventory, management and storage of federally-supplied vaccines. (12) “Prescriber” means a professional with prescription writing privileges currently licensed in Oregon. (13) “RHC” means a federally-designated rural health clinic. (14) "Underinsured" means a person that has health insurance that does not cover immunizations, or health insurance that covers some recommended immunizations but not all recommended immunizations. (15) "Uninsured" means a person that does not have any kind of health insurance. (16) "Vaccines for Children (VFC) Operations Guide" means the document produced annually by the Immunization Services Division of the CDC that outlines the policies and procedures that must be followed by states participating in the federal VFC program. (17) “VAP Program Agreement” means a document provided by the Authority that sets forth the requirements of the VAP program and allows clinics to indicate the number of patients served annually. (18) "VFC Program Agreement" means a document provided by the Authority in compliance with CDC regulations that sets forth the requirements of the VFC program and allows clinics to indicate the number of patients served annually. (19) “317 vaccine” means a vaccine purchased by the Authority using federal funds for use in adult recipients who are uninsured or whose insurance doesn’t provide vaccine coverage. Statutory/Other Authority: ORS 413.042 & 431.250 Statutes/Other Implemented: ORS 413.042 & 431.250 History: PH 1-2025, amend filed 01/22/2025, effective 01/22/2025 PH 39-2016, f. & cert. ef. 12-22-16