reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.110 - Standards for issuance and renewal of laboratory license.

(1) The Oregon Health Authority shall establish four levels of laboratory licenses as follows:
(a) A high complexity laboratory license;
(b) A moderate complexity laboratory license;
(c) A physician performed microscopy laboratory license; and
(d) A waived laboratory license.
(2) The authority shall issue and renew licenses required under ORS 438.040 for any or all clinical laboratory specialties to the owners of clinical laboratories who demonstrate to the satisfaction of the authority that:
(a) The clinical laboratory is in compliance with ORS 438.010 to 438.510 and the rules of the authority adopted under ORS 438.450;
(b) The laboratory is adequately equipped to perform proficiently within the scope of its license;
(c) The clinical laboratory has facilities for retaining and does retain complete laboratory records for an appropriate length of time as the authority by rule may require; and
(d) The clinical laboratory meets the standards of the authority for safety, sanitary conditions, plumbing, ventilation, handling of specimens, maintenance of equipment and requirements of general hygiene to insure protection of the public health. [1969 c.685 §5; 1971 c.650 §18; 1993 c.109 §5; 1999 c.341 §3; 2001 c.104 §171; 2009 c.595 §701]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.120 - Standards for licensing specialties; exceptions.

(1) In determining the specialties that are authorized to be performed in a clinical laboratory, the Oregon Health Authority shall consider laboratory personnel, with particular emphasis on the qualifications of the director, laboratory equipment and any other relevant factors affecting the ability of the laboratory to perform different laboratory specialties.
(2) No laboratory shall be licensed to perform examinations in the fields of surgical pathology, autopsy pathology, exfoliative cytology, or immunohematology, unless its director is a physician or dentist specifically qualified in these fields. The authority may establish exemptions from the requirements of this subsection for the field of immunohematology.
(3) The list of waived tests, physician performed microscopy procedures and moderate and high complexity tests shall be established by the authority. [1969 c.685 §6; 1993 c.109 §6; 1999 c.341 §4; 2009 c.595 §702]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.130 - License application; fees; expiration and renewal.

(1) The application for a license for a clinical laboratory shall be made on forms provided by the Oregon Health Authority and shall be executed by the owner or one of the owners or by an officer of the firm or corporation owning the clinical laboratory, or in the case of a county or municipality, by the public official responsible for operation of the laboratory, or in the case of an institution, by the administrator of the institution. The application shall contain the names of the owner, the director or directors of the clinical laboratory, the location and physical description of the clinical laboratory, the laboratory specialties for which a license is requested and such other information as the authority may require.
(2)(a) The application shall be accompanied by an annual or biennial license fee to be established by the authority. The fee shall be based on test volume, test complexity, the number of specialties performed and private laboratory accreditation. For each level of laboratory testing, the fee shall be not more than 100 percent of the corresponding fee charged by the federal laboratory certification program known as the Clinical Laboratory Improvement Amendments of 1988 (P.L. 100-578, 42 U.S.C. 201 and 263a) in effect on July 1, 1999. The fee for substance of abuse screening laboratories not certified under the Clinical Laboratory Improvement Amendments of 1988 shall be comparable to the clinical laboratory fee established under this section.
(b) The authority may establish prorated fees for licenses issued for a year or less and when there is a change in the laboratory’s owner, director or address. A prorated license fee shall be issued to a laboratory accredited by an organization recognized by the authority.
(3) Unless sooner voided, suspended or revoked, all licenses issued under this section expire on June 30 of the one-year or two-year cycle following the date of issuance or on such date as may be specified by authority rule. Licenses issued under this section shall be renewable in the manner prescribed by the authority.
(4) Subject to prior approval of the Oregon Department of Administrative Services, the fees and charges established under this section shall not exceed the cost of administering the regulatory program of the authority pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the authority’s budget, as the budget may be modified by the Emergency Board. [1969 c.685 §7; 1977 c.284 §3; 1979 c.696 §2; 1989 c.776 §5; 1991 c.703 §6; 1993 c.109 §7; 1999 c.341 §§5,6; 2007 c.768 §4; 2009 c.595 §703; 2023 c.602 §5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.140 - License content; display; nontransferability; voidability; special permit when director changes.

(1) A license issued to the owner of a clinical laboratory shall show on its face the names of the owners and directors, the location of the laboratory and the clinical laboratory specialties authorized under the license. The license shall be displayed at all times in a prominent place in the laboratory.
(2) A license issued to the owner of a clinical laboratory is not transferable. The license of the laboratory is voided 30 days after a change in its director if it has only one director or if all directors change or a change in the ownership or in the location of the laboratory. In case of death of a director, immediate notification to the Director of the Oregon Health Authority or a designee who shall be empowered to issue a special temporary permit of 30 days’ duration issued to a designated substitute director is required. If a license is voided or a special temporary permit is issued under this section, a new license application, accompanied by the nonrefundable license fee prescribed in ORS 438.130, shall be filed with the authority. [1969 c.685 §8; 2009 c.595 §704]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.150 - Temporary permit; fees; health screen testing permit; conditions and limitations; rules.

(1) In addition to the license of a clinical laboratory required by ORS 438.040, the Oregon Health Authority may issue a temporary permit valid for a period, to be determined by the authority, from the date of issuance in any or all clinical laboratory specialties upon payment of the respective required fees as described in ORS 438.130 (2).
(2) In issuing the temporary permit, the authority may require that:
(a) Plans for compliance with applicable laws and rules be submitted with the application for the temporary permit;
(b) During the period in which the temporary permit is in effect periodic reports be submitted on the progress of the plans for compliance; and
(c) Special temporary provisions specified by the authority upon application of the temporary permit be maintained for the protection of the public.
(3) If at any time the authority determines that the clinical laboratory can no longer operate in a manner that protects the public health and safety or that the requirements imposed under subsection (2) of this section are not being maintained, the authority shall cancel the temporary permit.
(4) One renewal of the temporary permit may be granted if deemed to be in the best interest of public health by the authority. The fee for renewal is the respective required fee as described in ORS 438.130 (2).
(5) The authority may issue permits for health screen testing.
(6) The authority by rule shall specify:
(a) Appropriate quality assurance procedures;
(b) Personnel qualifications;
(c) Standards for counseling and referral of persons being tested;
(d) Tests a health testing service may conduct;
(e) The procedure for applying for a permit; and
(f) The procedure for reporting to the authority the location of all health screening facilities.
(7) The authority by rule may specify the maximum length of time a health screen testing service may remain in one location. [1969 c.685 §9; 1989 c.776 §2; 2007 c.71 §122; 2009 c.595 §705]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.160 - Refusal to issue or renew license; suspension or revocation of license or permit.

Subject to ORS chapter 183, the Oregon Health Authority may refuse to issue or renew the license, or may suspend or revoke the license or health screen testing permit, of a clinical laboratory if it finds that the owner or director has:
(1) Intentionally made false statements on an application for a clinical laboratory license or any other documents required by the authority, or made any misrepresentation in seeking to obtain or retain a license.
(2) Demonstrated incompetence as defined pursuant to regulations promulgated after public hearing.
(3) Intentionally falsified any report.
(4) Referred a specimen for examination to a nonlicensed or an unlicensed clinical laboratory in this state unless the laboratory is exempt from the application of ORS 438.010 to 438.510.
(5) Misrepresented the scope of laboratory service offered by the clinical laboratory or the clinical laboratory specialties authorized by the license.
(6) Rendered a report on clinical laboratory work actually performed in another clinical laboratory without designating the name and address of the clinical laboratory in which the test was performed.
(7) Knowingly had professional connection with or permitted the use of the name of the licensed clinical laboratory or its director by a clinical laboratory that is required to but has not obtained a license.
(8) Failed to perform or cause to be performed within the time specified analysis of test samples as authorized by ORS 438.320, or failed to report on the results of such analysis within the specified time.
(9) Failed to permit within a reasonable time the entry or inspection authorized by ORS 438.310.
(10) Failed to continue to meet requirements of ORS 438.110 and 438.120.
(11) Violated any provision of ORS 438.010 to 438.510. [1969 c.685 §10; 1993 c.109 §13; 1999 c.341 §8; 2001 c.104 §172; 2009 c.595 §706]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.210 - Qualifications of laboratory director.

A person is qualified to act as a laboratory director of a clinical laboratory if:
(1) The person is a pathologist certified in clinical or anatomical pathology by a national organization or organizations recognized by the Oregon Health Authority, or is a physician who possesses qualifications equivalent to those required for such certification;
(2) The person is a physician who possesses special qualifications that enable the person to perform as a laboratory director, or is directing a laboratory on January 1, 1970;
(3) The person has an earned degree of Doctor of Science or Doctor of Philosophy, or an acceptable degree as determined by the authority, from an accredited college or university, with a major in the chemical, physical, or biological sciences and possesses special qualifications as described in the administrative rules of the authority that enable the person to perform as a laboratory director;
(4) The person is a member of a group of five or more physicians who operate on November 4, 1993, a laboratory performing work only on their patients and is the member designated by the group to be the director; or
(5) The person was responsible for the direction of a clinical laboratory for at least 12 months within the five years preceding January 1, 1970, and has had at least two years of pertinent clinical laboratory experience, as determined by the authority. [1969 c.685 §12; 1993 c.109 §8; 2007 c.71 §123; 2009 c.595 §707]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.220 - Special qualifications for laboratory director at chiropractic college.

Notwithstanding ORS 438.210, a person is qualified to act as the laboratory director of the clinical laboratory at any accredited chiropractic college in this state for the benefit of chiropractic patients if that person is a chiropractic physician licensed by the State Board of Chiropractic Examiners, and possesses special qualifications, as determined by the State Board of Chiropractic Examiners, that enable that person to perform as a laboratory director. [1979 c.303 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.310 - Inspection of laboratory premises; owner to submit reports and findings on communicable disease; information confidential.

(1) The Oregon Health Authority or its authorized representative may:
(a) At reasonable times enter the premises of a clinical laboratory licensed or subject to being licensed under ORS 438.010 to 438.510 to inspect the facilities, methods, procedures, materials, staff, equipment, laboratory results and records of the clinical laboratory.
(b) Require the owner or director to submit reports on the operations and procedures of the laboratory.
(c) Require the owner or director to submit initial laboratory findings indicative of communicable disease as defined by law or by rule. Each report shall include the name of the person from whom the specimen was obtained, if the name was reported to the laboratory, and the name and address of the physician for whom such examination or test was made. Such reports shall not be construed as constituting a diagnosis nor shall any laboratory making such report be held liable under the laws of this state for having violated a trust or confidential relationship.
(2) The Director of the Oregon Health Authority or a designee, the authority, or any employee thereof, shall not disclose information contained in reports on communicable diseases submitted to the authority under subsection (1) of this section except as such information is made available to employees of the authority and to local health officers for purposes of administering the public health laws of this state. However, information contained in such reports may be used in compiling statistical and other data in which persons are not identified by name or otherwise.
(3) The authority shall by rule set standards for the recognition of private laboratory accrediting organizations whose standards meet or exceed federal standards. A laboratory that is accredited by a private laboratory accrediting organization recognized by the authority under this section may submit proof of such accreditation to the authority. Upon receipt of such proof, the authority shall issue a license pursuant to ORS 438.130. [1969 c.685 §13; 1993 c.109 §9; 2001 c.104 §173; 2009 c.595 §708]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.320 - Laboratory evaluation system; rules; quality control systems.

(1) The Oregon Health Authority shall institute a laboratory evaluation system, as defined in ORS 438.010, and shall make such rules as are necessary to insure quality control of laboratory work.
(2) As part of this system, the authority may require each laboratory to:
(a) Participate in on-site inspection and testing;
(b) Analyze test samples submitted by the authority prior to, during or subsequent to the inspection; and
(c) Contract with, at the laboratory’s own expense, an authority-approved source of test samples for such test samples to be submitted periodically to the laboratory and to be returned to that source for grading after testing. The test results shall be made available to the authority.
(3) The procedures under subsection (2) of this section shall be referred to as external quality control. The samples are to be tested by regularly assigned personnel using routine methods. The test samples shall be confined to the specialty of the laboratory as indicated on the license. A specified time shall be allowed for such testing and reporting of the results and shall be the time required under conditions of normal operation.
(4) In addition to external quality control, each clinical laboratory shall establish an internal laboratory quality control system pursuant to rules of the authority including but not necessarily limited to the testing of reference or control sera and other biological samples, verifying concurrent calibration standards and control charts recordings, and reporting on its control system as required by the authority. [1969 c.685 §14; 1983 c.740 §154; 1993 c.109 §10; 2009 c.595 §709]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.420 - Communicable disease reports to be from licensed laboratory.

When the control or release of a case contact or carrier of a communicable disease is dependent on laboratory findings, the health officer may require such findings to be obtained by a clinical laboratory licensed by the Oregon Health Authority. [Formerly 433.325; 2009 c.595 §710]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.430 - Examination of specimens; reports and results.

(1) Except as otherwise provided in ORS 438.010 to 438.510, a clinical laboratory shall examine specimens only at the request of a physician, dentist, or other person authorized by law to use the findings of laboratory examinations.
(2) A person may not report the result of any test, examination, or analysis of a specimen submitted for evidence of human disease except to:
(a) The patient or the patient’s authorized representative, unless the physician, dentist or other person requesting the laboratory test, examination or analysis under subsection (1) of this section notifies the clinical laboratory of a reasonable belief that an exception applies to the prohibition on information blocking under 42 U.S.C. 300jj-52; and
(b) A physician, dentist, their agents, or other person authorized by law to employ the results in the conduct of a practice or in the fulfillment of official duties.
(3) Except as provided in subsection (2) of this section, a clinical laboratory or the designee of the laboratory, after verifying the identity of the requester and after determining the results are ready for release, shall without unreasonable delay provide the results of a test, examination or analysis of a specimen submitted by a patient in writing to the patient or the patient’s authorized representative. [1969 c.685 §21; 2001 c.104 §174; 2003 c.376 §1; 2009 c.583 §1; 2021 c.285 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.440 - Disposition of fees.

All moneys received by the Oregon Health Authority under ORS 438.010 to 438.510 and 438.990 shall be credited to the Public Health Account and shall be used for payment of the expenses of the authority in administering the provisions of ORS 438.010 to 438.510 and 438.990. [1969 c.685 §16; 2009 c.595 §712]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.450 - Rules.

The Oregon Health Authority shall make such rules as are necessary for carrying out ORS 438.010 to 438.510 in accordance with ORS 183.330. [Formerly 433.335; 2001 c.104 §176; 2009 c.595 §713]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.510 - Prohibited acts.

It is unlawful for the owner of a clinical laboratory or the director of a clinical laboratory to:
(1) Operate or maintain a clinical laboratory unless the laboratory is under personal supervision of a director who is qualified to supervise the laboratory.
(2) Violate any provision of ORS 438.010 to 438.510. [1969 c.685 §11; 1987 c.669 §3; 2001 c.104 §177]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.605 - Definitions for ORS 438.605 to 438.620, 448.280 and 448.285.

As used in ORS 438.605 to 438.620, 448.280 and 448.285:
(1) "Accrediting authority" means the official accrediting authority for the Oregon environmental laboratory accreditation program comprised of the Director of the Oregon Health Authority or designee, the Director of the Department of Environmental Quality or designee and the Director of Agriculture or designee.
(2) "Authority" means the Oregon Health Authority.
(3) "Environmental laboratory" means a fixed location or mobile facility that performs chemical, physical, radiological, microbiological or biological testing of environmental samples or the collection of environmental samples.
(4) "Environmental testing" means laboratory analysis of any matter, pollutant, contaminant or hazardous substance subject to regulation pursuant to:
(a) Rules adopted or enforced by the Oregon Health Authority, the Department of Environmental Quality or the State Department of Agriculture; or
(b) A federal environmental statute or regulation administered or enforced by the United States Environmental Protection Agency. [1999 c.1063 §1; 2009 c.595 §714]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.610 - Standards for accreditation; rules.

(1) The Oregon Health Authority, in concurrence with the accrediting authority, may adopt by rule standards for any laboratory seeking accreditation and performing environmental testing for a fee or for determining compliance with environmental statutes, rules or regulations.
(2) In developing standards under subsection (1) of this section, the authority shall cooperate with and may seek advice from the United States Environmental Protection Agency and any other state or federal agency that may have adopted rules or regulations for environmental monitoring.
(3) The standards adopted under this section may address testing and sampling procedures or methods, record keeping, disposal or retention of testing materials or samples, or any other practice related to work performed by an environmental laboratory. [1999 c.1063 §2; 2009 c.595 §715]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.615 - Environmental laboratory accreditation program; rules.

The Oregon Health Authority, in concurrence with the accrediting authority, shall establish by rule and implement an environmental laboratory accreditation program. The standards for accreditation may be equivalent to, but may not exceed, standards adopted by national accreditation programs. [1999 c.1063 §3; 2009 c.595 §716]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.620 - Accreditation fees; disposition of fees.

(1) In conjunction with the environmental laboratory accreditation program established under ORS 438.615, the Oregon Health Authority may establish and collect a fee for laboratory accreditation under the program. A fee imposed under this section shall not exceed the cost of administering the program.
(2) Prior to imposing the fee under subsection (1) of this section, the authority shall obtain the approval of the Oregon Department of Administrative Services and report to the appropriate legislative committee.
(3) All moneys collected by the Oregon Health Authority under this section shall be deposited in a dedicated account of the authority. Such moneys are continuously appropriated to the Oregon Health Authority to pay the costs of the authority, the State Department of Agriculture and the Department of Environmental Quality in administering the environmental laboratory accreditation program established under ORS 438.615. [1999 c.1063 §4; 2009 c.595 §717]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.705 - Definitions for ORS 438.705 to 438.720 and 438.994.

As used in ORS 438.705 to 438.720 and 438.994:
(1) "Anatomical material" means the body of a dead human or a cell, group of cells or body part taken from the body of a dead human.
(2) "Donor" has the meaning given that term in ORS 97.953.
(3)(a) "Nontransplant anatomical research recovery organization" means a person that engages in the recovery or distribution of anatomical material from a donor for research or education purposes other than transplanting the anatomical material or therapy.
(b) "Nontransplant anatomical research recovery organization" does not include:
(A) A hospital or other health care facility, as those terms are defined in ORS 442.015;
(B) A public corporation, as defined in ORS 353.010;
(C) A public or private institution of higher education; or
(D) A clinical laboratory, as defined in ORS 438.010, that is:
(i) Licensed under ORS 438.010 to 438.510; and
(ii) Owned or controlled by, or under common ownership with, a hospital described in subparagraph (A) of this paragraph. [2013 c.356 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.710 - Licensure of nontransplant anatomical research recovery organizations; rules; fees.

(1) A person may not act as a nontransplant anatomical research recovery organization unless the person is licensed as a nontransplant anatomical research recovery organization by the Oregon Health Authority.
(2) The authority shall adopt rules establishing an application process and fees for obtaining and renewing a nontransplant anatomical research recovery organization license. The fee for obtaining or renewing a license under this subsection may not exceed $1,750.
(3) A license issued or renewed under this section expires two years after the date of issuance or renewal.
(4) The license required by this section is in addition to and not in lieu of any other license required by law.
(5) The authority shall deposit fees collected under this section into the Oregon Health Authority Fund established in ORS 413.101. Moneys deposited in the fund under this subsection are continuously appropriated to the authority for the purposes of carrying out the duties, functions and powers of the authority under ORS 438.705 to 438.720 and 438.994. [2013 c.356 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.715 - Organization operations.

(1) A nontransplant anatomical research recovery organization shall maintain a record of each donor from whom the organization obtains anatomical material. The record must include:
(a) Documentation showing that the donor donated the anatomical material for the purpose of research or education;
(b) The name and address of each person that had possession of the anatomical material before the organization took possession of the anatomical material; and
(c) Documentation of the disposition of the anatomical material by the organization, including the name and address of each person that receives anatomical material from the organization.
(2) If a nontransplant anatomical research recovery organization returns any anatomical material to a relative or personal representative of a donor, the organization shall disclose to the relative or personal representative whether all or part of the donor’s body is being returned.
(3) A nontransplant anatomical research recovery organization shall dispose of any anatomical material not returned to a relative or personal representative of the donor in accordance with all laws pertaining to the disposition of human remains.
(4) If a nontransplant anatomical research recovery organization accepts an offer from an individual to donate anatomical material to the organization, the organization shall provide to the individual clear notice as to whether or not the organization guarantees the coverage of a cost related to transporting and disposing of the individual’s anatomical material, including coverage of costs in instances in which the individual or a relative or personal representative of the individual subsequently rescinds, or the organization later rejects, the offer of anatomical material. [2013 c.356 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.720 - Rules; inspection of organization premises and records.

(1) The Oregon Health Authority may:
(a) Adopt rules to implement ORS 438.705 to 438.720 and 438.994;
(b) Inspect the premises and records of a nontransplant anatomical research recovery organization as is reasonably necessary to determine compliance with ORS 438.710 and 438.715; and
(c) In lieu of conducting inspections authorized under paragraph (b) of this subsection, accept accreditation from an accrediting body approved by the authority.
(2) To be approved under subsection (1)(c) of this section, an accrediting body must:
(a) Require a nontransplant anatomical research recovery organization to document processes related to the recovery, handling and distribution of anatomical material and submit to the accrediting body that documentation.
(b) Require a nontransplant anatomical research recovery organization to keep and maintain all records related to the recovery or distribution of anatomical material for at least 10 years.
(c) Conduct, or have a designee conduct, regular on-site compliance inspections of a nontransplant anatomical research recovery organization’s records, processes and materials relating to:
(A) Donor intake;
(B) Acquisition, preparation, labeling, packaging, storage and distribution of anatomical material; and
(C) Any inspection of a facility owned or operated by the nontransplant anatomical research recovery organization. [2013 c.356 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.990 - Penalties for ORS 438.040 and 438.510.

Violation of any provision of ORS 438.040 or 438.510 is a Class A misdemeanor. Each day of continuing violation shall be considered a separate offense. [1969 c.685 §22; 1977 c.582 §45]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.994 - Penalties for ORS 438.710 and 438.715.

(1) In accordance with ORS chapter 183, the Oregon Health Authority may:
(a) Impose a civil penalty in an amount not to exceed $1,000 for each violation of ORS 438.710 or 438.715; and
(b) Suspend or revoke a license issued or renewed under ORS 438.710 for a violation of ORS 438.715.
(2) The authority shall deposit penalties collected under this section into the Oregon Health Authority Fund established in ORS 413.101. Moneys deposited in the fund under this subsection are continuously appropriated to the authority for the purposes of carrying out the duties, functions and powers of the authority under ORS 438.705 to 438.720 and 438.994. [2013 c.356 §5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.305 - District created coterminous with each district existing on July 2, 1957; districts existing on July 2, 1957, abolished.

(1) There hereby is created a health district territorially coterminous with each health district existing on July 2, 1957, if such existing health district was at that time a valid health district but for the fact that the electors of the district were required to have resided in the district for a period of not less than 90 days next preceding an election. In determining the boundaries of health districts created by this subsection, full effect shall be given to annexations effected by health districts prior to November 22, 1957, under ORS 441.205 to 441.410 (1957 Replacement Part).
(2) Health districts created by subsection (1) of this section are subject to and shall be governed by ORS 440.315 to 440.410.
(3) Health districts territorially coterminous with health districts created by subsection (1) of this section hereby are abolished. [Formerly 441.195]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.310 - New district succeeds to and replaces abolished district.

Each health district created by ORS 440.305 (1) shall in all respects be the successor of and replace the territorially coterminous health district abolished by ORS 440.305 (3). Without limiting the foregoing:
(1) A successor health district is:
(a) The owner of all assets of the succeeded health district, including real and personal property, money, water, water rights and riparian rights.
(b) Successor party to the contracts of the succeeded health district.
(c) Successor party to court proceedings in which the succeeded health district was a party.
(d) Successor obligor and subject to the indebtedness, bonded or otherwise, of the succeeded health district.
(2) A successor health district shall levy and collect any tax lawfully assessed or collect any tax lawfully assessed and levied, as the case may be, by the succeeded health district.
(3) The rules and regulations of the succeeded health district are the rules and regulations of the successor health district until changed under ORS 440.315 to 440.410.
(4) The directors and officers of the succeeded health district are the directors and officers of the successor health district. [Formerly 441.200; 1987 c.158 §84]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.315 - Definitions for ORS 440.315 to 440.410.

As used in ORS 440.315 to 440.410, unless the context requires otherwise:
(1) "County board" means the county court or board of county commissioners, as the case may be, of the county in which a district, or the greater portion of the taxable assessed value thereof, is located.
(2) "County clerk" means the county clerk of the county in which a district, or the greater portion of the taxable assessed value thereof, is located.
(3) "District board" or "board" means the board of directors of a district.
(4) "Health district" or "district" means any district formed pursuant to ORS 440.315 to 440.410.
(5) "Owner" means the holder of the record title to real property or the vendee under a land sale contract, if there is such a contract. [Formerly 441.205; 1975 c.701 §1; 1983 c.83 §85]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.320 - Health districts authorized.

(1)(a) Health districts may be formed for the purposes of:
(A) Providing clinically related diagnostic, treatment and rehabilitative services on an inpatient or outpatient basis;
(B) Providing outreach programs in health care education, health care research and patient care;
(C) Serving as a resource for health care providers in the district; and
(D) Promoting the physical and mental health and well-being of district residents.
(b) Health districts may consist of territory in one or more counties, or of a city with or without unincorporated territory. A city shall not be divided in the formation of a health district.
(c) A health district may provide services to persons residing outside its boundaries. A health district may provide services within the boundaries of another health district only with the written permission of that health district.
(2) A health district may include within its boundaries all or any part of the territory of a port district organized under ORS chapter 777 if the port district does not then operate a hospital. [Formerly 441.210; 1999 c.630 §1; 2003 c.802 §112]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.325 - Board of directors; qualifications.

The power and authority given to health districts, except as otherwise provided by ORS 440.315 to 440.410, is vested in and shall be exercised by a board of directors each of whom shall be an elector of the district. [Formerly 441.280; 1979 c.520 §1; 1983 c.83 §86; 1983 c.350 §255; 1983 c.699 §5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.327 - First board of directors; how first terms computed; oath; terms; vacancy.

(1) At the election for the first board of directors, five directors shall be elected. Their terms shall commence on the 30th day after the election. The terms of the candidates for the first board of directors who receive the first and second highest number of votes expire June 30 next following the second regular district election. The terms of the candidates who receive the third, fourth and fifth highest votes expire June 30 next following the first regular district election.
(2) Not later than the 10th day after the issuance of the order of formation, the directors of the first board shall take and subscribe an oath of office and then meet and organize.
(3) Except as provided in subsection (1) of this section, the term of a director is four years.
(4) The board of directors shall fill any vacancy on the board as provided in ORS 198.320. [1983 c.350 §257]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.330 - Number of directors; terms; effect of absence; district employee not eligible to serve on board.

(1) The board of directors of a district, by resolution offered and adopted at any regular meeting of the board, may increase the number of directors from five to no more than 15.
(2) If the number of directors is increased by action of the board, the board shall not fill by appointment any newly created position on the board, but shall provide for the election at the next regular district election of a sufficient number of additional directors to fill the newly created positions on the board.
(3) The term of office of each director elected under subsection (2) of this section shall begin July 1 following the next regular district election.
(4) The directors who are elected under subsection (2) of this section shall determine by lot the length of term each shall hold office. The terms of not more than one-half of the directors who are appointed or elected shall expire June 30 next following the first regular district election after the appointment or election. The terms of the remainder shall expire June 30 next following the second regular district election after the appointment or election.
(5) The term of a director shall expire when the director is absent from four or more consecutive regular meetings of the board and the board declares the position vacant. The vacancy shall be filled as provided by ORS 198.320 (1) and (2).
(6) An individual who is an employee of a health district is not eligible to serve as a director of the health district by which the individual is employed. [Formerly 441.285; 1979 c.520 §3; 1981 c.508 §1; 1983 c.350 §258; 1983 c.699 §1a; 1989 c.478 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.335 - Election of officers of board of directors; duties; quorum.

(1) The directors of a health district shall, at the time of their organization, choose from their number a chairperson, a secretary and a treasurer, who shall hold their offices until their successors are elected and qualified.
(2) These officers shall have, respectively, the powers and shall perform the duties usual in such cases.
(3) A majority shall constitute a quorum to do business and, in the absence of the chairperson, any other member may preside at any meeting. [Formerly 441.290; 2007 c.71 §124]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.340 - Directors; meetings; rules.

The district board shall hold meetings at such time and place within the district as it may, from time to time, determine, but it shall hold at least one regular meeting in each month on a day to be fixed by it, and may hold special meetings under such rules as it may make. [Formerly 441.295]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.345 - Position numbers for election of directors.

(1) Each office of director of a health district shall be designated by number as Position No. 1, Position No. 2 and so forth.
(2) The secretary of a district shall assign a position number to each office on the board. The secretary shall certify the number so assigned to the director in office holding that position and shall file one copy of the certification in the records of the elections officer for the district. [Formerly 441.305; 1983 c.350 §259]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.347 - District elections.

(1) ORS chapter 255 governs the following:
(a) The nomination and election of directors.
(b) The conduct of district elections.
(2) The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205. [1983 c.350 §261]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.360 - Powers of health districts.

A health district has all powers necessary to carry out the purposes of ORS 440.315 to 440.410, including, but not limited to, the power:
(1) To provide directly or indirectly any physical or mental health related service.
(2) To make any contract or agreement, to purchase and lease real and personal property, to enter into business arrangements or relationships with public or private entities and to create and participate fully in the operation of any business structure, including the development of business structures and arrangements for health care delivery systems and managed care plans.
(3) To participate in community sponsored health screening, prevention, wellness, improvement or other activities that address the physical or mental health needs of district residents. Such participation may include clinical, financial, administrative, volunteer or other support considered appropriate by the board.
(4) To perform any other acts that in the judgment of the board are necessary or appropriate to accomplish the purposes of ORS 440.315 to 440.410. [Formerly 441.320; 1979 c.520 §2; 1981 c.508 §3; 1983 c.699 §2; 1983 c.740 §155; 1985 c.747 §50; 1987 c.850 §1; 1997 c.857 §1; 1999 c.630 §2; 2003 c.802 §113]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.375 - Authority to issue bonds.

(1) For the purpose of carrying into effect the powers granted by ORS 440.315 to 440.410, a health district, when authorized at any properly called election held for that purpose, may borrow money and sell and dispose of general obligation bonds.
(2) If prior to April 1, 1983, a health district had outstanding indebtedness incurred pursuant to ORS 440.360 (1)(k) (1997 Edition), a health district may issue general obligation bonds pursuant to this section in an amount not to exceed the unpaid principal of and interest on such indebtedness plus costs incidental to the bonds to be sold.
(3) The general obligation bonds outstanding at one time shall never exceed in the aggregate two and one-half percent of the real market value of all taxable property within the district, computed in accordance with ORS 308.207.
(4) Notwithstanding the provisions of subsection (3) of this section, if the district has within its limits a population of 300 or over, it shall be permitted to have bonds outstanding in an amount which shall not exceed in the aggregate 10 percent of the real market value.
(5) The bonds shall be issued from time to time by the district board in behalf of the health district as authorized by its electors. [Formerly 441.335; 1983 c.191 §1; 1991 c.459 §399; 1997 c.857 §2; 1999 c.630 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.380 - Bonds; maturity; interest; conditions.

(1) The bonds shall mature serially within not to exceed 30 years from issue date.
(2) The bonds shall bear such rate of interest as the district board shall determine.
(3) The bonds shall be so conditioned that the health district agrees therein to pay to the bearer, at a place named, the principal sum of the bonds with interest at the rate named, payable semiannually in accordance with the tenor and terms of the interest coupons attached. [Formerly 441.345; 1977 c.188 §3; 1981 c.94 §36; 1983 c.347 §27; 2001 c.215 §5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.385 - Pledge of income and revenues to secure payment of bonds.

(1) For the purpose of additionally securing the payment of the principal of and interest on general obligation bonds issued under ORS 440.375, a health district may, by resolution of the district board, which resolution shall constitute part of the contract with the holders of such general obligation bonds, pledge all or any part of the net income or revenue of its properties.
(2) The district board may adopt such a resolution without submitting the question of such pledge to electors of the health district. [Formerly 441.350]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.395 - Tax levies; use; extension; collection; default.

(1) Any health district may assess, levy and collect taxes not to exceed one-fourth of one percent (0.0025) of the real market value of all taxable property within the district, computed in accordance with ORS 308.207. The proceeds of such taxes shall be applied by it in carrying out the objects and purposes provided in ORS 440.320.
(2) A health district, each year, may also assess, levy and collect a special tax upon all such property, real and personal, in an amount sufficient to pay the yearly interest on bonds theretofore issued by the district and then outstanding, together with any portion of the principal of such bonds maturing within such year. The special tax shall be applied only in payment of interest and principal of bonds issued by the health district, but the district may apply any funds it may have toward the payment of principal and interest of any such bonds.
(3) All taxes needed shall be levied and returned to the county officer whose duty it is to extend the tax roll by the time required by law for city taxes to be levied and returned.
(4) All taxes levied by a health district shall become payable at the same time and be collected by the same officer who collects county taxes. The proceeds of the taxes collected under this section shall be turned over to the health district according to law.
(5) The county officer whose duty it is to extend the county levy shall extend the levy of the health district in the same manner as city taxes are extended.
(6) Property is subject to sale for the nonpayment of taxes levied by the health district in like manner and with like effect as in the case of county and state taxes. [Formerly 441.360; 1991 c.459 §400; 2001 c.215 §6]