reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.340 - Recommendations of conference.

The Conference of Local Health Officials may submit to the Oregon Health Authority recommendations on:
(1) The establishment of the foundational capabilities under ORS 431.131, the foundational programs under ORS 431.141 and any other public health program or activity under ORS 431.147;
(2) The adoption and updating of the statewide public health modernization assessment under ORS 431.115;
(3) The development of and any modification to the statewide public health modernization plan under ORS 431.115; and
(4) The adoption of rules under ORS 431.350. [1967 c.146 §6 (enacted in lieu of 431.320); 1977 c.582 §22; 2009 c.595 §556; 2015 c.736 §31]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.350 - Oregon Health Authority to adopt rules for ORS 431.330 to 431.350.

Upon receipt of written approval from the Conference of Local Health Officials the Oregon Health Authority shall adopt rules necessary for the administration of ORS 431.330 to 431.350. [1967 c.146 §4 (enacted in lieu of 431.320); 1977 c.582 §24;
2009 c.595 §558]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.380 - Distribution of funds; rules.

(1) From state moneys that the Oregon Health Authority receives for the purpose of funding the foundational capabilities established under ORS 431.131 and the foundational programs established under ORS 431.141, the Oregon Health Authority shall make payments to local public health authorities under this section. The Oregon Health Authority shall each biennium submit to the Oregon Public Health Advisory Board and the Legislative Fiscal Office a formula that provides for the equitable distribution of moneys. The Oregon Health Authority shall incorporate into the formula:
(a) A method for distributing to local public health authorities a base amount of state moneys received by the Oregon Health Authority pursuant to this subsection, taking into consideration the population of each local public health authority, the burden of disease borne by communities located within the jurisdiction of each local public health authority, the overall health status of communities located within the jurisdiction of each local public health authority and the ability of each local public health authority to invest in local public health activities and services;
(b) A method for awarding matching funds to a local public health authority that invests in local public health activities and services above the base amount distributed in accordance with paragraph (a) of this subsection; and
(c) A method for the use of incentives as described in subsection (3) of this section.
(2) The Oregon Health Authority shall submit the formula adopted under subsection (1) of this section to the Oregon Public Health Advisory Board and the Legislative Fiscal Office no later than June 30 of each even-numbered year. At the same time that the Oregon Health Authority submits the formula, the Oregon Health Authority shall submit to the Oregon Public Health Advisory Board and the Legislative Fiscal Office an estimate of the amount of state moneys necessary to fund in part or in whole the foundational capabilities established under ORS 431.131 and the foundational programs established under ORS 431.141.
(3) The Oregon Health Authority shall adopt by rule incentives and a process for identifying, updating and applying accountability metrics, for the purpose of encouraging the effective and equitable provision of public health services by local public health authorities.
(4) Nothing in this section prohibits the Oregon Health Authority from distributing state moneys that the Oregon Health Authority receives for the purpose of funding the foundational capabilities established under ORS 431.131 and the foundational programs established under ORS 431.141 to local public health authorities on an individual basis as opposed to a statewide basis, or through a competitive grant or contract process or on the basis of need, if the state moneys received are insufficient to adequately fund local public health authorities on a statewide basis. [1983 c.398 §2; 2009 c.595 §560; 2015 c.736 §28; 2017 c.627 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.385

[1983 c.398 §3; 2003 c.553 §6; 2009 c.595 §561; 2011 c.70 §7; 2012 c.37 §102; 2013 c.640 §§7,8; 2015 c.736 §27; renumbered 431.417 in 2015]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.405 - Purpose of ORS 431.380 to 431.510.

It is the purpose of ORS 431.380 to 431.510 to encourage improvement and standardization of health departments in order to provide a more effective and more efficient public health service throughout the state. [1961 c.610 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.412

[Formerly 431.470; 1963 c.544 §49; 1977 c.582 §25; 1981 c.127 §1; 1987 c.618 §2; 1991 c.167 §26; 2003 c.226 §22; 2015 c. 736 §39; renumbered 431.447 in 2015]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.413 - Powers and duties of local public health authorities.

(1) Subject to the availability of funds paid pursuant to ORS 431.380, each local public health authority shall:
(a) Administer and enforce ORS 431.001 to 431.550 and 431.990 and any other public health law of this state;
(b) Adopt and update as necessary a local public health modernization assessment;
(c) In consideration of the local public health modernization assessment, adopt, implement, monitor, evaluate and modify as necessary a local public health modernization plan that includes:
(A) A plan for applying the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141 as required by ORS 431.417; and
(B) Any other local public health program or activity that the local public health authority considers necessary to protect the public health and safety;
(d) Coordinate with coordinated care organizations as defined in ORS 414.025 and Early Learning Hubs as defined in ORS 417.827;
(e) Impose civil penalties adopted under ORS 431.415 (1)(c) and enforce the ordinances and rules adopted under ORS 431.415 (1)(b); and
(f) Perform any other duty imposed on local public health authorities by law.
(2) A local public health authority may perform the duties described in subsection (1) of this section:
(a) As an individual county, even if the local public health authority is a health district formed under ORS 431.443 or an intergovernmental entity that provides public health services pursuant to an agreement entered into under ORS 190.010 (5);
(b) Jointly with any other county pursuant to an agreement between the counties, for any individual public health program or activity; or
(c) As a health district formed under ORS 431.443 or an intergovernmental entity that provides public health services pursuant to an agreement entered into under ORS 190.010 (5).
(3) A local public health authority may contract with a person to perform a public health service or activity, or to perform all public health services and activities, that the local public health authority is required to perform under ORS 431.001 to 431.550 and 431.990 or under any other public health law of this state, except that the person with whom the local public health authority contracts may not perform any function, duty or power of the local public health authority related to governance. [Formerly 431.416]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.414

[Formerly 431.610; 1973 c.829 §21; 1977 c.582 §26; 1987 c.618 §3; 2015 c.736 §40; renumbered 431.443 in 2015]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.415 - Duties of governing bodies of local public health authorities; fee schedules.

(1) Subject to the availability of funds paid pursuant to ORS 431.380, each governing body of a local public health authority shall:
(a) In collaboration with the local public health administrator appointed under ORS 431.418, develop public health policies and goals for the local public health authority;
(b) Adopt ordinances and rules necessary for the local public health authority to administer ORS 431.001 to 431.550 and 431.990, any other public health law of this state and any other public health matter not expressly preempted by a law of this state;
(c) Adopt civil penalties for violations of ordinances and rules adopted under paragraph (b) of this subsection, provided that any civil penalty adopted under this paragraph is for an amount that does not exceed $1,000 per violation per day;
(d) Review and make recommendations on the local public health modernization plan adopted under ORS 431.413; and
(e) Monitor the progress of the local public health authority in meeting statewide and local public health goals, including progress in applying the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141.
(2) The governing body of a local public health authority shall adopt ordinances and rules necessary to carry out the duties of the local public health authority under subsection (1) of this section. The governing body of a local public health authority may not adopt an ordinance or rule or policy that is inconsistent with or less strict than a provision of ORS 431.001 to 431.550 and 431.990 or any other public health law of this state, or that is inconsistent with or less strict than a rule adopted under ORS 431.001 to 431.550 and 431.990 or any other public health law of this state.
(3) The governing body of a local public health authority may adopt schedules of fees for public health services that are reasonably calculated to not exceed the cost of the services performed. The local health department shall charge fees in accordance with the schedule or schedules adopted. [1961 c.610 §6; 1973 c.829 §22; 1977 c.582 §27; 2009 c.595 §562; 2015 c.736 §26]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.416

[1961 c.610 §8; 1973 c.829 §23; 1977 c.582 §28; 1983 c.398 §4; 2001 c.900 §150; 2009 c.595 §563; 2013 c.640 §9; 2015 c.736 §25; renumbered 431.413 in 2015]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.417 - Distribution of moneys to local public health authorities; rules.

(1) The Oregon Health Authority may by rule require each local public health authority to submit a plan, in a form and manner prescribed by the Oregon Health Authority, that describes how the local public health authority will use moneys made available under ORS 431.380.
(2) The Oregon Health Authority may enter into an agreement with each local public health authority that describes the work the local public health authority agrees to perform and the amount of state funding the local public health authority will receive under ORS 431.380.
(3) The Oregon Health Authority may enter into one or more agreements with a local public health authority for purposes of distributing funds, or providing incentives, to the local public health authority that are available through federal grants or other sources. Before entering into an agreement under this section, the Oregon Health Authority shall adopt by rule a process by which a local public health authority must submit the documentation necessary to receive incentives under an agreement authorized by this subsection. [Formerly 431.385; 2017 c.627 §6]
Note:
See note under 431.115.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.440 - Powers of local public health administrators.

A local public health administrator has the powers of constables or other peace officers in matters pertaining to the public health. [Amended by 1961 c.610 §11; 1973 c.829 §27; 2015 c.736 §42]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.443 - Formation of health districts.

(1) Two or more contiguous counties may combine for the purpose of forming a health district when the governing body of each of the counties concerned adopt resolutions signifying their intention to form the health district.
(2) The governing bodies of the counties forming the health district may meet together, elect a chairperson and transact business as a district board of health whenever a majority of the members of the governing bodies from each of the participating counties are present at a meeting.
(3) In lieu of the procedure described in subsection (2) of this section, the governing bodies of the counties forming the health district may, by a two-thirds vote of the members from each participating county, establish and, except as provided in paragraph (f) of this subsection, appoint a district board of health consisting of the following members:
(a) One member from each participating county governing body selected by the county governing body to which the member belongs.
(b) One member from a school administrative unit within the health district.
(c) One member from the administrative staff of a city within the health district.
(d) Two physicians who have been licensed to practice medicine under ORS chapter 677 and who are residents of the health district.
(e) One dentist who has been licensed to practice dentistry under ORS chapter 679 and who is a resident of the health district.
(f) One person who is a resident of the health district and who is to be appointed by the members serving under paragraphs (a) to (c) of this subsection.
(4) The term of office of the members referred to in subsection (3)(a) to (f) of this section shall be four years, with terms expiring on February 1, except that the first appointments made under this subsection shall be for terms of one, two, three or four years, as designated by a two-thirds vote of the members from each participating county.
(5) The governing bodies of the counties comprising the health district may appoint a public health advisory board for terms of four years, with terms expiring on February 1, except that the first appointments made under this subsection shall be for terms of one, two, three or four years, as designated by the governing bodies. The advisory board shall meet regularly to advise the district board of health on matters of public health. The advisory board shall consist of:
(a) Persons licensed by this state as health care practitioners.
(b) Persons who are well informed on public health matters. [Formerly 431.414; 2019 c.321 §6]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.447 - Public health advisory boards.

The governing body of a local public health authority may appoint a public health advisory board for terms of four years, with terms expiring on February 1, except that the first appointments made under this section shall be for terms of one, two, three or four years, as designated by the governing body. The advisory board shall meet regularly to advise the governing body of the local public health authority on matters of public health. The advisory board shall consist of:
(1) Persons licensed by this state as health care practitioners.
(2) Persons who are well informed on public health matters. [Formerly 431.412]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.510 - Facilities and funds for local public health authorities.

(1) The governing body of a county shall provide adequate quarters and facilities for the office and operations of a local public health authority and shall appropriate sufficient moneys for the administration of the local public health authority and the operation of the local health department administered by the local public health authority.
(2) If a health district is established under ORS 431.443, the governing body of each participating county shall appropriate annually moneys specifically designated for the administration of a local public health authority described in ORS 431.443 (2) or established under ORS 431.443 (3) and the operation of the local health department administered by the local public health authority. [Amended by 1961 c.610 §13; 1973 c.829 §31; 2015 c.736 §43]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.520 - Disposal of public records.

Public records, as defined in ORS 192.005, of local health departments and community mental health clinics may be destroyed or otherwise disposed of in accordance with rules prescribed by the State Archivist, except that public records may not be required to be maintained for more than seven years from the date of the last entry for purposes of preserving evidence for an action, suit or proceeding. [1969 c.446 §2; 1973 c.829 §32; 2015 c.736 §44]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.550 - Power of Oregon Health Authority to collect information from local public health administrators.

Nothing in ORS 431.380 to 431.510 and this section shall be construed to limit the authority of the Oregon Health Authority to require facts and statistics from local public health administrators on matters relating to the preservation of life and health of the people of this state. [1981 c.127 §3; 2009 c.595 §566; 2015 c.736 §45]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.623

[1991 c.784 §1; 1999 c.1056 §6; 2009 c.595 §572; 2009 c.848 §1; 2011 c.703 §1; 2015 c.286 §1; renumbered 431A.085 in 2015]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.705 - Definitions for ORS 431.705 to 431.760.

As used in ORS 431.705 to 431.760, unless the context requires otherwise:
(1) "Affected territory" means an area that is the subject of a proceedings under ORS 431.705 to 431.760 where there is a danger to public health or an alleged danger to public health.
(2) "Boundary commission" means a local government boundary commission created under ORS 199.410 to 199.430, 199.435 to 199.464, 199.480 to 199.505 and 199.510.
(3) "Commission" means the Environmental Quality Commission.
(4) "Danger to public health" means a condition which is conducive to the propagation of communicable or contagious disease-producing organisms and which presents a reasonably clear possibility that the public generally is being exposed to disease-caused physical suffering or illness, including a condition such as:
(a) Impure or inadequate domestic water.
(b) Inadequate installations for the disposal or treatment of sewage, garbage or other contaminated or putrefying waste.
(c) Inadequate improvements for drainage of surface water and other fluid substances.
(5) "District" means any one of the following:
(a) A metropolitan service district formed under ORS chapter 268.
(b) A county service district formed under ORS chapter 451.
(c) A sanitary district formed under ORS 450.005 to 450.245.
(d) A sanitary authority, water authority or joint water and sanitary authority formed under ORS 450.600 to 450.989.
(e) A domestic water supply district formed under ORS chapter 264.
(6) "Requesting body" means the county court or local public health authority, as defined in ORS 431.003, that makes a request under ORS 431.715.
(7) "Service facilities" means water or sewer installations or works. [1973 c.361 §1; 1975 c.266 §1; 1981 c.452 §1; 1993 c.577 §20; 2001 c.900 §151; 2009 c.595 §576; 2015 c.736 §72]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.710 - When Oregon Health Authority to initiate district formation or annexation.

(1) ORS 431.705 to 431.760 shall not apply if the affected territory could be subject to an annexation proceeding under ORS 222.840 to 222.915.
(2) If the Oregon Health Authority, in accordance with ORS 431.705 to 431.760, finds that a danger to public health exists within the affected territory and that such danger could be removed or alleviated by the construction, maintenance and operation of service facilities, the authority shall initiate proceedings for the formation of or annexation to a district to serve the affected territory. If the affected territory is located within a district that has the authority to provide the service facilities, the authority shall order the district to provide service facilities in the affected territory. [1973 c.361 §2; 1981 c.888 §3; 2009 c.595 §577]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.715 - Resolution requesting Oregon Health Authority to initiate formation or annexation.

(1) The county court or local public health authority, as defined in ORS 431.003, having jurisdiction over the territory where conditions dangerous to the public health exist shall adopt a resolution requesting the Oregon Health Authority to initiate proceedings for the formation of a district or annexation of territory to, or delivery of appropriate water or sewer services by, an existing district without vote or consent in the affected territory. The resolution shall:
(a) Describe the boundaries of the affected territory;
(b) Describe the conditions alleged to be causing a danger to public health;
(c) Request the authority to ascertain whether conditions dangerous to public health exist in the affected territory and whether such conditions could be removed or alleviated by the provision of service facilities; and either
(d) Recommend a district that the affected territory could be included in or annexed to for the purpose of providing the requested service facilities; or
(e) Recommend that an existing district provide service facilities in the affected territory.
(2) The requesting body shall cause a certified copy of the resolution, together with the time schedule and preliminary plans and specifications, prepared in accordance with subsection (3) of this section, to be forwarded to the Oregon Health Authority.
(3) The requesting body shall cause a study to be made and preliminary plans and specifications prepared for the service facilities considered necessary to remove or alleviate the conditions causing a danger to public health. The requesting body shall prepare a schedule setting out the steps necessary to put the facilities into operation and the time required for each step in implementation of the plans.
(4) If the preliminary plans involve facilities that are subject to the jurisdiction of the Environmental Quality Commission, a copy of the documents submitted to the Oregon Health Authority under subsection (2) of this section shall be submitted to the commission for review, in accordance with ORS 431.725, of those facilities that are subject to its jurisdiction. No order or findings shall be adopted under ORS 431.735 or 431.756 until the plans of the requesting body for such facilities, if any, have been approved by the commission. [1973 c.361 §3; 1981 c.888 §4; 2009 c.595 §578; 2015 c.736 §73]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.717 - Compelling adoption of resolution.

(1) Any person who may be adversely affected by the failure of a county court to adopt a resolution as required by ORS 431.715 (1) may seek to compel the adoption of such resolution through a writ of mandamus under ORS 34.105 to 34.240.
(2) The prevailing party in a proceeding under ORS 34.105 to 34.240 authorized by subsection (1) of this section is entitled to reasonable attorney fees in addition to costs and necessary disbursements. [1981 c.888 §6]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.720 - Commission to review certain plans; approval of plans.

(1) Upon receipt of the documents submitted under ORS 431.715 (4), the Environmental Quality Commission shall review them to determine whether the conditions dangerous to public health within the affected territory could be removed or alleviated by the provision of service facilities that are subject to the jurisdiction of the commission.
(2) If the commission considers such proposed facilities and the time schedule for installation of such facilities adequate to remove or alleviate the dangerous conditions, it shall approve the part of the plans that are subject to its jurisdiction and certify its approval to the Oregon Health Authority.
(3) If the commission considers the proposed facilities or time schedule inadequate, it shall disapprove the part of the plans that are subject to its jurisdiction and certify its disapproval to the authority. The commission shall also inform the requesting body of its approval or disapproval and, in case of disapproval, of the particular matters causing the disapproval. The requesting body may then submit additional or revised plans. [1973 c.361 §4; 2009 c.595 §579]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.725 - Oregon Health Authority to review resolution; notice of hearing.

(1) Upon receipt of the certified copy of a resolution adopted under ORS 431.715, the Oregon Health Authority shall contact the requesting body within 30 days of receipt of the request and schedule the review and investigation of conditions in the affected territory. The authority shall review and investigate conditions in the affected territory in accordance with the agreed upon schedule unless both parties agree to an extension. If it finds substantial evidence that a danger to public health exists in the territory, it shall issue an order setting a time and place for a hearing on the resolution. The hearing shall be held within the affected territory, or at a place near the territory if there is no suitable place within the territory at which to hold the hearing, not less than 30 or more than 50 days after the date of the order.
(2) Upon issuance of an order for a hearing, the authority shall immediately give notice of the time and place of the hearing on the resolution by publishing the order and resolution in a newspaper of general circulation within the territory once each week for two successive weeks and by posting copies of the order in four public places within the territory prior to the hearing. [1973 c.361 §5; 1981 c.452 §2; 2009 c.595 §580]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.730 - Conduct of hearing.

(1) At the hearing on the resolution, any interested person shall be given a reasonable opportunity to be heard or to present written statements. The hearing shall be for the sole purpose of determining whether a danger to public health exists due to conditions in the affected territory and whether such conditions could be removed or alleviated by the provision of service facilities. Hearings under this section shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. It shall be conducted in accordance with the provisions of ORS chapter 183. The Oregon Health Authority shall publish a notice of the issuance of said findings and recommendations in the newspaper utilized for the notice of hearing under ORS 431.725 (2) advising of the opportunity for presentation of a petition under subsection (2) of this section.
(2) Within 15 days after the publication of notice of issuance of findings in accordance with subsection (1) of this section, any person who may be affected by the findings, or the affected district, may petition the Director of the Oregon Health Authority according to rules of the authority to present written or oral arguments relative to the proposal. If a petition is received, the director may set a time and place for receipt of argument. [1973 c.361 §6; 1975 c.266 §2; 1999 c.849 §§81,82; 2003 c.75 §35; 2009 c.595 §581]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.735 - Director’s authority under ORS 431.705 to 431.760.

(1) If the Director of the Oregon Health Authority after investigation finds that no danger to public health exists because of conditions within the affected territory, or that such a danger does exist but the conditions causing it could not be removed or alleviated by the provision of service facilities, the director shall issue an order terminating the proceedings under ORS 431.705 to 431.760 with reference to the affected territory.
(2) If the director finds, after investigation and the hearing required by ORS 431.725, that a danger to public health exists because of conditions within the territory, and that such conditions could be removed or alleviated by the provisions of service facilities in accordance with the plans and specifications and the time schedule proposed, the director shall enter findings in an order, directed to the officers described by ORS 431.740, setting out the service facilities to be provided.
(3) If the director determines that a danger to public health exists because of conditions within only part of the affected territory, or that such conditions could be removed or alleviated in only part of the affected territory by the provision of service facilities, the director may, subject to conditions stated in ORS 431.705 to 431.760, reduce the boundaries of the affected territory to that part which presents a danger or in which the conditions could be removed or alleviated if the area to be excluded would not be surrounded by the territory remaining to be annexed and would not be directly served by the sanitary, water or other facilities necessary to remove or alleviate the danger to public health existing within the territory remaining to be annexed. The findings shall describe the boundaries of the area as reduced by the director.
(4) In determining whether to exclude any area the director may consider whether or not such exclusion would unduly interfere with the removal or alleviation of the danger to public health in the area remaining to be annexed and whether the exclusion would result in an illogical boundary for the provision of services.
(5) The requesting body or the boundary commission shall, when requested, aid in the determinations made under subsections (3) and (4) of this section and, if necessary, cause a study to be made. [1973 c.361 §7; 1975 c.266 §3; 2009 c.595 §582]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.740 - Notice to boundary commission; service facilities to conform to plans and schedules.

(1) If a boundary commission has jurisdiction of the affected territory, the Director of the Oregon Health Authority shall file the findings and order with such boundary commission. If the affected territory is not within the jurisdiction of a boundary commission, the director shall file the findings and order with the county court of the county having jurisdiction of the territory.
(2) The Oregon Health Authority and the Environmental Quality Commission shall use their applicable powers of enforcement to insure that the service facilities are constructed or installed in conformance with the approved plans and schedules. [1973 c.361 §8; 2009 c.595 §583]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.745 - Petition for alternative plan.

(1) At any time after the adoption of a resolution under ORS 431.715, a petition, signed by not less than 51 percent of the electors registered in the affected territory, may be filed with the Oregon Health Authority. The petition shall suggest an alternative plan to the proposed formation or annexation for removal or alleviation of the conditions dangerous to public health. The petition shall state the intent of the residents to seek annexation to an existing city or special district authorized by law to provide service facilities necessary to remove or alleviate the dangerous conditions. The petition shall be accompanied by a proposed plan which shall state the type of facilities to be constructed, a proposed means of financing the facilities and an estimate of the time required to construct such facilities and place them in operation.
(2) Upon receipt of the petition, the authority shall immediately forward a copy of the petition to the Environmental Quality Commission, if the plan accompanying the petition involves facilities that are subject to the jurisdiction of the commission. The authority also shall forward a copy of the petition to the requesting body and to the county court or boundary commission where the authority filed its findings under ORS 431.740 and direct the county court or boundary commission to stay the proceedings pending the review permitted under this section and ORS 431.750. [1973 c.361 §9; 1983 c.83 §84; 2009 c.595 §584]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.750 - Commission review of alternative plan; certification of alternative plan.

(1) If the alternative plan submitted under ORS 431.745 (1) involves service facilities that are subject to the jurisdiction of the commission, the alternative plan shall be submitted to and reviewed by the Environmental Quality Commission and shall be approved or rejected by the commission within 30 days from the date of filing with the Oregon Health Authority. In reviewing the alternative plan, the commission shall consider whether, in its judgment, the plan contains a preferable alternative for the alleviation or removal of the conditions dangerous to public health. If the commission determines that the original plan provides the better and most expeditious method of removing or alleviating the dangerous conditions, it shall disapprove the alternative plan and inform the authority of its decision. The authority shall order the proceedings on the finding filed under ORS 431.740 to resume.
(2) If the commission finds that the alternative plan provides a preferable method of alleviating or removing the dangerous conditions, the petitioners shall be granted six months within which to present to the commission information showing:
(a) That the affected territory has annexed to a city or special district authorized by law to provide the service facilities necessary to remove or alleviate the dangerous conditions, and that the financing of the extension of such facilities to the territory has been assured.
(b) Detailed plans and specifications for the construction of such facilities.
(c) A time schedule for the construction of such facilities.
(d) That such facilities, if constructed, will remove or alleviate the conditions dangerous to public health in a manner as satisfactory and expeditious as would be accomplished by the formation or annexation proposed by the original plans.
(3) The commission shall review the plan presented to it by the petitioners under subsection (2) of this section and shall promptly certify to the authority whether the requirements of subsection (2) of this section have been met. If the requirements have been met, the authority shall certify the alternative plan to the county court or boundary commission having jurisdiction and direct it to proceed in accordance with the alternative plan and in lieu of the plans filed under ORS 431.740. If the requirements of subsection (2) of this section are not met by the petitioners, the authority shall certify that fact to the county court or boundary commission having jurisdiction and direct it to continue the proceedings on the plans filed under ORS 431.740. [1973 c.361 §10; 2009 c.595 §585]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.756 - Judicial review.

Judicial review of orders under ORS 431.705 to 431.760 shall be as provided in ORS 183.480, 183.485, 183.490 and 183.500. [1975 c.266 §5 (enacted in lieu of 431.755)]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.760 - Certain persons prohibited from participating in proceedings.

(1) A person who owns property or resides within affected territory that is subject to proceedings under the provisions of ORS 431.705 to 431.760 shall not participate in an official capacity in any investigation, hearing or recommendation relating to such proceedings. If the Director of the Oregon Health Authority is such a person, the director shall so inform the Governor, who shall appoint another person to fulfill the duties of the director in any investigation, hearing or recommendation relating to the such proceeding.
(2) Subsection (1) of this section does not excuse a member of a county court from voting on the order required by ORS 198.792 (2) or 451.445 (1). [1973 c.361 §12; 2009 c.595 §586]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.990 - Penalties.

Unless otherwise specifically provided by law, failure to obey ORS 431.001 to 431.550 and 431.990 or rules adopted under ORS 431.001 to 431.550 and 431.990 or failure to obey a lawful written order relating to public health issued by the Director of the Oregon Health Authority or a local public health administrator is a Class A misdemeanor. [Amended by 1959 c.629 §46; 1961 c.610 §15; 1973 c.408 §34; 1973 c.829 §33; 1977 c.582 §32; 2001 c.900 §153; 2009 c.595 §603; 2015 c.736 §46]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.005 - Definitions.

As used in ORS 431A.005 to 431A.020:
(1) "Children’s facility" has the meaning given that term in ORS 433.235.
(2) "Communicable disease" means a disease or condition, the infectious agent of which may be transmitted by any means from one person or from an animal to another person, that may result in illness, death or severe disability.
(3) "Condition of public health importance" means a disease, syndrome, symptom, injury or other threat to public health that is identifiable on an individual or community level.
(4) "Disease outbreak" means a significant or notable increase in the number of cases of a disease or other condition of public health importance.
(5) "Epidemic" means the occurrence in a community or region of a group of similar conditions of public health importance that are in excess of normal expectancy and derived from a common or propagated source.
(6) "Local public health administrator" means a local public health administrator as defined in ORS 431.003 or the authorized representative of a local public health administrator.
(7) "Local public health authority" has the meaning given that term in ORS 431.003.
(8) "Public health law" means any statute, rule or local ordinance that has the purpose of promoting or protecting the public health and that establishes the authority of the Oregon Health Authority, the Public Health Director, the Public Health Officer, a local public health authority or local public health administrator to enforce the statute, rule or local ordinance.
(9) "Public health measure" means a test, medical examination, treatment, isolation, quarantine or other measure imposed on an individual or group of individuals in order to prevent the spread of or exposure to a communicable disease, toxic substance or transmissible agent.
(10) "Reportable disease" means a disease or condition, the reporting of which enables a public health authority to take action to protect or to benefit the public health.
(11) "School" has the meaning given that term in ORS 433.235.
(12) "Specimen" means blood, sputum, urine, stool or other bodily fluids and wastes, tissues, and cultures necessary to perform required tests.
(13) "Test" means any diagnostic or investigative analyses or medical procedures that determine the presence or absence of, or exposure to, a condition of potential public health importance, or its precursor in an individual.
(14) "Toxic substance" means a substance that may cause illness, disability or death to persons who are exposed to it. [Formerly 431.260]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.010 - Power of Oregon Health Authority and local public health administrators to enforce public health laws; authorized actions; rules; penalties.

(1) The Oregon Health Authority and local public health administrators shall have the power to enforce public health laws. The enforcement powers authorized by this section include, but are not limited to, the authority to:
(a) Investigate possible violations of public health laws;
(b) Issue subpoenas requiring testimony or the production of physical or other evidence;
(c) Issue administrative orders to enforce compliance with public health laws;
(d) Issue a notice of violation of a public health law and impose a civil penalty as established by rule not to exceed $500 a day per violation;
(e) Enter private property at any reasonable time with consent of the owner or custodian of the property to inspect, investigate, evaluate or conduct tests, or take specimens or samples for testing, as may be reasonably necessary to determine compliance with any public health law;
(f) Enter a public place to inspect, investigate, evaluate, conduct tests, or take specimens or samples for testing as may be reasonably necessary to determine compliance with the provisions of any public health law;
(g) Seek an administrative warrant from an appropriate court authorizing the inspection, investigation, evaluation or testing, or taking of specimens or samples for testing, if denied entry to property;
(h) Restrict access to contaminated property;
(i) Require removal or abatement of a toxic substance on any property and prescribe the proper measures for the removal or abatement;
(j) Maintain a civil action to enforce compliance with public health laws, including a petition to a court for an order imposing a public health measure appropriate to the public health threat presented;
(k) Refer any possible criminal violations of public health laws to a district attorney or other appropriate law enforcement official; and
(L) Request the Attorney General to assist in the enforcement of the public health laws.
(2) Any administrative actions undertaken by the state under this section shall comply with the provisions of ORS chapter 183.
(3) State and local law enforcement officials, to the extent resources are available, must assist the Oregon Health Authority and local public health administrators in ensuring compliance with administrative or judicial orders issued pursuant to this section.
(4) Nothing in this section shall be construed to limit any other enforcement authority granted by law to a local public health authority or to the state. [Formerly 431.262]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.060 - Designation of trauma areas; rules; trauma system hospitals.

(1) With the advice of the State Trauma Advisory Board, the Oregon Health Authority shall:
(a) Develop and monitor a statewide trauma system; and
(b) Designate within the state, trauma areas consistent with local resources, geography and current patient referral patterns.
(2) Each trauma area shall have:
(a) Central medical control for all field care and transportation consistent with geographic and current communications capability.
(b) The development of triage protocols.
(c) One or more hospitals categorized according to trauma care capabilities using standards adopted by the authority by rule. Such rules shall be modeled after the American College of Surgeons Committee on Trauma standards.
(d) The establishment of area trauma advisory boards to develop trauma system plans for each trauma area.
(3) On and after July 1, 1986, the authority may designate trauma system hospitals in accordance with area trauma advisory board plans which meet state objectives and standards.
(4) Trauma system plans shall be implemented by June 30, 1987, in Health Systems Area I, and June 30, 1988, in Health Systems Areas II and III. [Formerly 431.609]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.065 - Oregon Health Authority to adopt rules for trauma system hospitals.

(1) Prior to approval and implementation of area trauma plans submitted to the Oregon Health Authority by area trauma advisory boards, the authority shall adopt rules pursuant to ORS chapter 183 which specify state trauma objectives and standards, hospital categorization criteria and criteria and procedures to be utilized in designating trauma system hospitals.
(2) For approved area trauma plans recommending designation of trauma system hospitals, the authority rules shall provide for:
(a) The transport of a member of a health maintenance organization, or other managed health care system, as defined by rule, to a hospital that contracts with the health maintenance organization when central medical control determines that the condition of the member permits such transport; and
(b) The development and utilization of protocols between designated trauma hospitals and health maintenance organizations, or other managed health care systems, as defined by rule, including notification of admission of a member to a designated trauma hospital within 48 hours of admission, and coordinated discharge planning between a designated trauma hospital and a hospital that contracts with a health maintenance organization to facilitate transfer of the member when the medical condition of the member permits. [Formerly 431.611]