justicedao/ipfs_state_laws huggingface dataset:
333-049-0130 Security (1) All authorized users shall abide by such security policies and procedures to safeguard information in the IIS deemed necessary by the program. Such policies and procedures may include, but are not limited to, confidentiality agreements, the use of computer passwords, and user identification numbers. The program shall provide copies of the policies and procedures to all authorized users who participate in either or both the IIS or tracking and recall system. (2) The program shall develop security standards to safeguard the information in the IIS. The standards will address, but not be limited to, the collection, transfer, storage, and processing of information in the IIS and tracking and recall system. (3) The program shall review the security policies, procedures, and standards at least once each year and shall revise such policies, procedures, and standards as necessary. Statutory/Other Authority: ORS 433.098 Statutes/Other Implemented: ORS 433.098 History: PH 256-2018, amend filed 11/02/2018, effective 11/12/2018 OHD 13-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0160 HD 4-1997, f. & cert. ef. 2-24-97 HD 6-1996(Temp), f. & cert. ef. 11-26-96
333-050-0220 Exempt Children’s Facility and Schools The following schools and children’s facilities are exempt from the requirements in these rules: (1) Schools and facilities whose primary purpose is to supervise the training of children in a specific subject including but not limited to, dancing, drama, or music. (2) Schools and facilities whose primary purpose is related to children’s group athletic or social activities sponsored by or under the supervision of an organized club or hobby group. (3) Schools and facilities operated at a location where children may only attend on a limited basis not more than four different days per year. (4) Schools and facilities operated on an occasional basis by a person, sponsor, or organization not ordinarily engaged in providing child care. (5) Registered family child care homes, as defined in OAR 414-210-0100. Statutory/Other Authority: ORS 433.004 & ORS 433.273 Statutes/Other Implemented: ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284 History: PH 13-2025, minor correction filed 07/08/2025, effective 07/08/2025 PH 11-2025, adopt filed 05/02/2025, effective 05/02/2025
333-050-0230 Documentation Requirements to Attend a Children’s Facility or School (1) Prior to attending any children’s facility or school in Oregon, the parent of a newly entering child must submit to the administrator: (a) Documentation of a minimum of one dose of each vaccine required for the child’s age and grade as identified in OAR 333-050-0240 through 333-050-0250; (b) A medical or nonmedical exemption from vaccinations in accordance with OAR 333-050-0270; or (c) Immunity documentation, in accordance with OAR 333-050-050-0260. (2) If a transfer record does not arrive from a previous school within 30 days, the parent of a transferring child must submit to the administrator: (a) Documentation of required immunizations as identified in OAR 333-050-0240 through 333-050-0250; (b) A medical or nonmedical exemption from vaccinations in accordance with OAR 333-050-0270; or (c) Immunity documentation, in accordance with OAR 333-050-050-0260. (3) For children’s facilities providing drop-in child care, the parent of a newly entering child must submit to the administrator the same information required in section (1) of this rule prior to the child attending on the fifth visit. (4) Nothing in this rule is intended to prevent a person from using or accepting an electronic document, using or accepting an electronic signature, or using, accepting, transmitting or storing documents electronically. Statutory/Other Authority: ORS 433.004 & ORS 433.273 Statutes/Other Implemented: ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284 History: PH 11-2025, adopt filed 05/02/2025, effective 05/02/2025
333-050-0260 Immunity Documentation (1) If a child has immunity documentation to any of the diseases in this rule such documentation satisfies the immunization requirements for these rules. Immunity documentation must be included with the Certificate of Immunization Status form. (a) Measles, Mumps or Rubella due to a disease history. (b) Measles, Mumps or Rubella due to a documented immune titer. (c) Invasive Haemophilus influenzae Type b disease at 24 months of age or older. (d) Varicella due to documented immunity titer or disease history. Parent signed history of varicella disease is allowable if submitted to the administrator prior to August 1, 2025. (e) Hepatitis B based on laboratory confirmation of immunity or confirmation of carrier status. (f) Hepatitis A based on laboratory confirmation of immunity. (2) Nothing in this rule is intended to prevent a person from using or accepting an electronic document, using or accepting an electronic signature, or using, accepting, transmitting or storing documents electronically. Statutory/Other Authority: ORS 433.004 & ORS 433.273 Statutes/Other Implemented: ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284 History: PH 11-2025, adopt filed 05/02/2025, effective 05/02/2025
333-050-0290 Secondary Review of Records (1) The local health department shall conduct a secondary review of records received from the administrator pursuant to OAR 333-050-0280. (2) In conducting secondary review of the records, the local health department shall review the Immunization Report for accuracy. The local health department shall review each child's record that was received for appropriate medical or nonmedical exemptions and then use the Primary Review Table described in OAR 333-050-0240(1) to determine each child's current immunization status for each of the required vaccines. (3) After reviewing the records the local health department shall: (a) Indicate on the Immunization Report form those children whose records are judged to be: (A) Complete/up-to-date; and (B) Medically exempt. (b) For any child with an “incomplete/insufficient” record or no immunization record, indicate on the Immunization Report form the specific vaccines that the child is missing. (c) Retain copies of the records of children to be excluded for at least one year. (d) Provide the Immunization Report form with the department’s secondary review information to the administrator. Statutory/Other Authority: ORS 433.004 & ORS 433.273 Statutes/Other Implemented: ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284 History: PH 11-2025, adopt filed 05/02/2025, effective 05/02/2025
333-050-0300 Children’s Facility or School Immunization Tracking Systems (1) A school or children’s facility may use a computer system that contains immunization information for children that accurately calculates compliance with these rules and may use a printout from this system in lieu of filling out the Immunization Report form, if approved by the Public Health Division (Division). (2) In order to obtain Division approval, a children’s facility or school must submit a request in accordance with section (3) of this rule and have its system tested by the Division to ensure it contains all the required elements and can correctly determine a child’s immunization status, in accordance with the categories described in OAR 333-050-0280 and 333-050-0330. (3) Instructions for submitting a request for approval under this rule along with the information needed by the Division in order to test the system is provided as an attachment at the end of this rule. A request to test a computer system in time for the primary records review required under OAR 333-050-0280 must be received by the Division no later than the last working day of November. (4) Within a reasonable period of time of receiving a request for approval, the Division will review computer printouts and computer outputs for essential data elements, the sequence of data elements, specific test results as calculated by the computerized system, and accuracy of the compilation of data elements included on the Immunization Report form, in order to determine whether it can approve the request. (5) The Division may withdraw system approval at any time if it determines the system is not correctly determining a child’s immunization status or is not accurately completing the Immunization Report forms. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 433.004 & ORS 433.273 Statutes/Other Implemented: ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284 History: PH 11-2025, adopt filed 05/02/2025, effective 05/02/2025
333-050-0320 Requests to Review Exclusion Orders (1) If a parent believes an exclusion order is in error, the parent may contact the local health department and request that the local health department review and re-check the information to determine the accuracy of the exclusion order. (2) A local health department must review and re-check a child's immunization records upon receipt of a request by a parent. (3) If the local health department finds an exclusion order was issued in error the exclusion order must be rescinded in accordance with OAR 333-050-0310. Statutory/Other Authority: ORS 433.004 & ORS 433.273 Statutes/Other Implemented: ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284 History: PH 11-2025, adopt filed 05/02/2025, effective 05/02/2025
333-050-0330 Updating Immunization Report Forms; Local Health Department Review (1) No later than 12 calendar days after the mandatory exclusion date, the administrator shall ensure that: (a) The Immunization Report form returned from the local health department is updated by appropriately marking the current status of each child as specified (including children listed as having no record). (b) The information on the Immunization Report form is accurate including the number of children in attendance at the school or children’s facility, kindergarten, seventh grade, and any grades kindergarten through 12 with: (A) The specified number of doses of each vaccine or all the doses required for the child’s grade; (B) Nonmedical exemptions for each vaccine, the total number of nonmedical exemptions, and how many nonmedical exemptions for all required vaccines; (C) Nonmedical exemptions from each source, whether documentation from a health care practitioner or vaccine educational module; (D) Medical exemptions; and (E) No record. (c) A copy of the revised Immunization Report form is submitted to the local health department. The administrator shall maintain a copy of the updated Immunization Report form submitted to the local health department. (2) The local health department shall review the updated Immunization Report form for accuracy. Statutory/Other Authority: ORS 433.004 & ORS 433.273 Statutes/Other Implemented: ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284 History: PH 11-2025, adopt filed 05/02/2025, effective 05/02/2025
333-050-0340 Vaccine Shortages (1) A child shall not be excluded from a children’s facility or school for failing to receive a required vaccine if the State Public Health Officer has determined that there is a vaccine shortage under ORS 433.040 and that is the reason the child has not received the vaccine. Any vaccine, a requirement for which has been waived due to a vaccine shortage, will be required at the next review cycle, once the shortage has been lifted. The Public Health Division shall notify local health departments, schools and facilities of any shortages that affect their procedures under these rules. (2) During a local vaccine shortage, a local public health officer, after consultation with the Public Health Division, may allow a child to attend a school or facility without meeting the minimum immunization requirements in case of temporary local vaccine shortage. (a) The local health department shall provide a letter signed by the local health officer to the parent of any student whose vaccination requirement has been waived, detailing which vaccines are being waived for the student. The letter must state that the student will receive an exclusion order if the student's record is not updated with the missing doses prior to the next exclusion cycle, unless the vaccine shortage continues. (b) A copy of the letter must also be provided to the children’s facility or school and the administrator must include it with the child’s immunization records on file at the school or facility. (3) A student shall not be excluded from a post-secondary or community college institution for failing to receive a required vaccine if the State Public Health Officer has determined that there is a vaccine shortage and that is the reason the student has not received the vaccine. Any vaccine, the requirement for which has been waived due to a vaccine shortage, will be required at the next term or semester, once the shortage has been lifted. (4) The local public health officer, after consultation with the Public Health Division, may allow a student to attend an educational institution without meeting the minimum immunization requirements in case of temporary local vaccine shortage. (a) The local health department shall provide a letter signed by the local health officer to the affected student stating that the vaccine requirement is being postponed. The letter must give guidance to the post-secondary institution about when vaccine is expected to be available. (b) A photocopied form letter signed by the local health officer may be used by the local health department when the shortage is expected to affect more than one student. Statutory/Other Authority: ORS 433.004 & ORS 433.273 Statutes/Other Implemented: ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284 History: PH 11-2025, adopt filed 05/02/2025, effective 05/02/2025
333-050-0350 School/Facility Compliance and Civil Penalties (1) If a school or facility fails to comply with these rules, the local health department shall notify that school or facility in writing, by electronic mail or letter, informing them of the following: (a) The specific rules the school or facility is not complying with. (b) What the school or facility needs to do to come into compliance. (c) The date by which compliance is required, with a four working day time frame. (2) The local health department will make a minimum of one attempt of verbal contact prior to the date established for compliance and document this attempt. (3) If the school or facility fails to meet the timeframe established for compliance, the local health department shall notify the Public Health Division (Division) of the name and address of the school or facility and provide the Division with written documentation to the school or facility, and any other supporting documentation. (4) After receiving a notification by a local health department, the Public Health Division shall send a certified letter (“Letter”) to the non-compliant school or facility that: (a) Notifies the school or facility that it is out of compliance and how it is out of compliance with the immunization laws, including a citation to the applicable statutes and rules. (b) Describes what is required to come into compliance. (c) Establishes a compliance deadline. (d) Informs the school or facility that a civil penalty may be imposed if the school or facility does not meet the compliance deadline. (5) The Public Health Division shall send copies of the Letter to the local health department, the school administrator or school district’s superintendent, and the Department of Early Learning and Care, as applicable, (6) Schools or facilities that fail to comply with these rules may be subject to civil penalties not to exceed $500 per day per violation. (7) A notice of imposition of civil penalties shall comply with ORS 183.745. Statutory/Other Authority: ORS 431.262, ORS 433.004 & ORS 433.273 Statutes/Other Implemented: ORS 431.262, ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284 History: PH 11-2025, adopt filed 05/02/2025, effective 05/02/2025
333-050-0360 Updating Records (1) The administrator is responsible for updating records each time a child’s parent, health care practitioner, or an authorized representative of the local health department provides evidence of immunization or exemption. (2) The administrator shall maintain a system to track and report children who are susceptible and do not have immunity documentation. The local health department may request that the list of children who are susceptible and do not have immunity documentation to a disease be sorted by classroom, grade, or school. The administrator will provide the list within one calendar day of the local health department's request to facilitate appropriate disease control measures. Statutory/Other Authority: ORS 433.004 & ORS 433.273 Statutes/Other Implemented: ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284 History: PH 11-2025, adopt filed 05/02/2025, effective 05/02/2025
333-050-0370 Validation Surveys (1) The local health department or the Public Health Division may conduct school or facility record validation surveys to ensure compliance with ORS 433.235 through 433.280 and these rules. (2) If the local health department or Public Health Division finds children who are not in compliance with ORS 433.267(1) or these rules the local health department may issue exclusion orders in the manner provided in OAR 333-050-0310. Statutory/Other Authority: ORS 433.004 & ORS 433.273 Statutes/Other Implemented: ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284 History: PH 11-2025, adopt filed 05/02/2025, effective 05/02/2025
333-050-0390 Second Dose Measles in Post Secondary Educational Institutions (1) Each post-secondary education institution, except for a community college, shall require, subject to section (4) of this rule, that each entering full-time student born on or after January 1, 1957, has two doses of measles vaccine prior to the student's second quarter or semester of enrollment on an Oregon campus. (2) Students attending classes fully virtually who do not come on campus are not subject to the requirements of this rule. (3) For students attending an institution subject to section (1) of this rule pursuant to a non-immigrant visa, documentation of measles vaccination must be provided prior to the student attending classes. If the student's first dose of measles vaccine was received less than 30 days prior to attendance, the student has until the beginning of the second term or semester to provide documentation of the second dose. (4) The following records are acceptable proof of two doses of measles vaccine: (a) Written documentation by the student, a health care practitioner, or an authorized representative of the local health department of the month, day and year of each dose. Two doses are required, given on or after the first birthday. A dose given within four days prior to the first birthday is acceptable. The second dose must be received at least 24 days after first dose. (b) For students born prior to 1984, if there is no available date for the first dose, written documentation by the student, a health care practitioner, or an authorized representative of the local health department of the month, day and year of the second dose as long as the second dose was after December 31, 1989. (5) Each post-secondary educational institution subject to these rules shall develop procedures to implement and maintain the records required by this rule and ORS 433.282 and 433.284. (6) The Public Health Division may conduct validation surveys to ensure compliance. Statutory/Other Authority: ORS 433.004, ORS 433.273 & ORS 433.282 Statutes/Other Implemented: ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284 History: PH 11-2025, adopt filed 05/02/2025, effective 05/02/2025
333-050-0400 Second Dose Measles in Community Colleges (1) Each community college shall require, subject to section (3) of this rule, that students born on or after January 1, 1957, involved in the following, have two doses of measles vaccine prior to each student's participation in the following: (a) Clinical experiences in allied health programs. (b) Practicum experiences in education and child care programs. (c) Intercollegiate sports. (2) Community colleges shall develop procedures to implement and maintain the records required by this rule. (3) The following records are acceptable proof of two doses of measles vaccine: (a) Written documentation by the student, a health care practitioner, or an authorized representative of the local health department of the month, day and year of each dose. Two doses are required, given on or after the first birthday. A dose given within four days prior to the first birthday is acceptable. The second dose must be received at least 24 days after first dose. (b) For students born prior to 1984, if there is no available date for the first dose, written documentation by the student, a health care practitioner, or an authorized representative of the local health department of the month, day and year of the second dose as long as the second dose was after December 31, 1989. (4) Each community college subject to these rules shall develop procedures to implement and maintain the records required by this rule and ORS 433.283 and 433.284. (5) The Public Health Division may conduct validation surveys to ensure compliance. Statutory/Other Authority: ORS 433.004, ORS 433.273 & ORS 433.283 Statutes/Other Implemented: ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284 History: PH 11-2025, adopt filed 05/02/2025, effective 05/02/2025
333-050-0410 Vaccine Education Module (1) The Public Health Division will make available to parents a no-cost Internet-based vaccine educational module that includes: (a) Information consistent with information published by the U.S. Centers for Disease Control and Prevention; (b) Information about the benefits and risks of each vaccine for which a parent is claiming a nonmedical exemption; and (c) Information about the epidemiology, prevention of disease through use of vaccination, and the safety and efficacy of vaccines. (2) A person may submit a vaccine educational module to the Oregon Health Authority, Public Health Division for approval. To obtain approval, the vaccine educational module must contain the substantive content of the Internet-based vaccine educational module made available by the Public Health Division. The Oregon Health Authority must review the module to determine whether it meets the criteria in these rules, including the requirement that the information in the module is consistent with information published by the U.S. Centers for Disease Control and Prevention. Approval or disapproval shall be made in writing. If the module is disapproved the Oregon Health Authority must explain the reasons for disapproval. Statutory/Other Authority: ORS 433.004 & ORS 433.273 Statutes/Other Implemented: ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284 History: PH 11-2025, adopt filed 05/02/2025, effective 05/02/2025
333-052-0030 Program Overview (1) The purpose of the Oregon Farm Direct Nutrition Program is to: (a) Provide locally grown, fresh, nutritious, unprepared fruits, vegetables, and cut culinary herbs to participants in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) and to low income seniors; and (b) Expand the awareness and use of farmers markets and farm stands where consumers can buy directly from the farmer. (2) The Oregon Farm Direct Nutrition Program is administered by the Oregon Health Authority (Authority) in partnership with the Oregon Department of Agriculture and Oregon Department of Human Services. Statutory/Other Authority: ORS 413.500 & ORS 411.813 Statutes/Other Implemented: ORS 413.500 & ORS 411.813 History: PH 46-2023, amend filed 09/26/2023, effective 09/28/2023 PH 53-2020, amend filed 06/01/2020, effective 06/01/2020 PH 15-2012, f. & cert. ef. 12-20-12 Reverted to PH 7-2008, f. & cert. ef. 4-3-08 PH 8-2012(Temp), f. & cert. ef. 6-11-12 thru 12-7-12 PH 7-2008, f. & cert. ef. 4-3-08 PH 10-2006, f. & cert. ef. 6-5-06