reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.303 - Legislative findings.

The Legislative Assembly finds that:
(1) Most poisonings involve children under six years of age.
(2) The federal Poison Prevention Packaging Act of 1970 requires child-resistant safety packaging for various toxic household products in order to inhibit a child’s ability to access poisonous substances. This effort, in conjunction with the formation of poison control centers, education efforts, availability of ipecac syrup for home treatment and labeling requirements, has significantly reduced the number of poisonings. However, most poisonings occur while the product is in use, rather than when stored, and many toxic household products are exempt from the child-resistant safety packaging laws.
(3) The National Safety Council, the American Medical Association and the American Association of Poison Control Centers have noted that the addition of nontoxic aversive agents to toxic household products may make these products so unpalatable that many children reject the products upon, or shortly after, tasting them. These organizations have urged manufacturers of toxic household products to add nontoxic aversive agents to their products in addition to child resistant closures in order that ingestion of these products may be reduced, thus providing another means to prevent or mitigate severe poisonings.
(4) Aversive agents are currently being used in various household products to mitigate child poisonings. [Formerly 431.875]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.305 - Aversive agent required.

Any toxic household product that is listed in ORS 431A.308 and is manufactured on or after July 1, 1993, and sold in this state, shall include an aversive agent approved by the Poison Prevention Task Force within the product in a concentration so as to render the product unpalatable. [Formerly 431.880]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.308 - Toxic household products required to comply with aversive agent requirement; exemptions.

(1) The following toxic household products must comply with ORS 431A.305:
(a) Antifreeze containing 10 percent or more ethylene glycol by weight.
(b) Windshield washer fluid containing four percent or more methyl alcohol (methanol) by weight.
(2) The following toxic household products are exempted from the requirements of ORS 431A.305:
(a) Pesticide products subject to registration under ORS chapter 634 or under the Federal Insecticide, Fungicide, Rodenticide Act.
(b) Any drug as defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.) or in ORS 689.005.
(c) Products exempted under the provisions of section 7, chapter 915, Oregon Laws 1991. [Formerly 431.885]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.310 - Limitation on liability; application.

(1) A manufacturer, distributor or seller of a toxic household product that is required to contain an aversive agent under the provisions of ORS 431A.305 is not liable to any person for any personal injury, death or property damage that results from the inclusion of the aversive agent in the toxic household product.
(2) The limitation on liability provided by this section is only applicable if the aversive agent is included in the toxic household product in concentrations approved by the Poison Prevention Task Force.
(3) The limitation on liability provided by this section does not apply if the personal injury, death or property damage results from willful and wanton misconduct by the manufacturer, distributor or seller of the toxic household product. [Formerly 431.887]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.313 - Poison Prevention Task Force; members; meetings; duties.

(1) The Poison Prevention Task Force is created in the Poison Center of the Oregon Health and Science University and consists of five members as follows:
(a) The Medical Director of the Oregon Poison Center or designee, who shall serve as chairperson.
(b) The Director of the Oregon Health Authority or a designee.
(c) A pediatrician licensed under ORS chapter 677, appointed by the Governor.
(d) A chemist from an academic institution, appointed by the Governor.
(e) A representative of a manufacturer of toxic household products, appointed by the Governor.
(2) Each member shall serve without compensation.
(3) The task force shall meet as considered necessary by the chairperson or on the call of three members of the task force.
(4) The task force shall meet for the purposes of reviewing, granting or denying requests for exemptions from and extensions of the requirements of ORS 431A.300 to 431A.325.
(5) The task force shall obtain and evaluate statewide poisoning incidence and severity data over a period of every two years for the purpose of making recommendations for the addition or deletion of products to ORS 431A.308. [Formerly 431.890]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.315 - Efficacy and toxicity data to be made available to task force; use; confidentiality of data.

(1) The Poison Prevention Task Force may request efficacy and toxicity data, or other pertinent data it considers necessary, from the manufacturer of any toxic household product. The information shall be made available by the manufacturer to the task force upon request and shall remain confidential, if so requested.
(2) The task force may request data from and utilize the technical expertise of other state agencies or health care providers, or both, to evaluate the incidence and severity of poisoning, drug overdose and toxic exposure. [Formerly 431.895]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.318 - Reports to Legislative Assembly.

The Poison Prevention Task Force shall report to the Legislative Assembly as necessary with recommendations for the addition or deletion of products from the list set forth in ORS 431A.308. The task force shall report to the Legislative Assembly any additional recommended measures which shall include reducing the incidence and severity of poisoning, poison prevention education activities and child resistant closure effectiveness. [Formerly 431.900]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.320 - Enforcement by civil action; injunction; damages; attorney fees.

(1) Any person may bring a civil action in a court of competent jurisdiction to enforce the requirements of ORS 431A.300 to 431A.325. The court may grant injunctive relief in any action brought pursuant to this section.
(2) Punitive damages may also be awarded in any action brought pursuant to this section.
(3) The court may award reasonable attorney fees to the prevailing party in an action under this section. [Formerly 431.905]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.323 - Prohibited conduct.

(1) It is unlawful for any person to distribute or sell a toxic household product or cause a toxic household product to be distributed or sold in this state if it does not meet the requirements of ORS 431A.300 to 431A.325.
(2) The prohibition contained in subsection (1) of this section does not apply to a person engaged in the business of wholesale or retail distribution of a toxic household product, unless the person is engaged in the manufacture of the product, or has knowledge that a toxic household product which the person is distributing or selling is in violation of ORS 431A.300 to 431A.325.
(3) A distributor of a house brand shall not be considered a manufacturer for purposes of filing an application for an extension pursuant to section 6, chapter 915, Oregon Laws 1991, or for an exemption pursuant to section 7, chapter 915, Oregon Laws 1991. Nothing in this subsection is intended to exempt a distributor of a house brand from any other provisions of ORS 431A.300 to 431A.325. [Formerly 431.910]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.325 - Civil penalty for violation of ORS 431A.300 to 431A.325.

(1) Any person who violates any provision of ORS 431A.300 to 431A.325 shall be liable for a civil penalty not to exceed $5,000 for each day of violation, which shall be assessed and recovered in a civil action brought by the Oregon Health Authority.
(2) All civil penalties collected pursuant to subsection (1) of this section shall be deposited in the General Fund. [Formerly 431.915]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.330 - Definitions.

As used in ORS 431A.330 to 431A.349:
(1) "Chemical" means:
(a) A substance with a distinct molecular composition and the breakdown products of the substance that form through decomposition, degradation or metabolism; or
(b) A group of structurally related substances and the breakdown products of the substances that form through decomposition, degradation or metabolism.
(2) "Class of chemicals" means a group of chemicals that are related or similar based on their structure, use, physical property, radiological property or other factors.
(3) "Contaminant" means trace amounts of chemicals that are incidental to manufacturing and that serve no intended function in the product component, including but not limited to:
(a) Unintended by-products of chemical reactions during the manufacture of the product component;
(b) Trace impurities in feedstock;
(c) Incompletely reacted chemical mixtures; and
(d) Degradation products.
(4)(a) "Cosmetic product" means an article intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance, and any article intended for use as a component of such an article.
(b) "Cosmetic product" includes cosmetics marketed to professionals.
(c) "Cosmetic product" does not include:
(A) Soap;
(B) Dietary supplements; or
(C) Food and drugs regulated by the United States Food and Drug Administration.
(5) "De minimis level" means:
(a) For a chemical that is an intentionally added chemical, the practical quantification limit; or
(b) For a chemical that is a contaminant, a concentration of 100 parts per million.
(6) "Formaldehyde releasing agent" means a chemical that releases formaldehyde.
(7) "Intentionally added chemical" means a chemical in a product that serves an intended function in the product component.
(8)(a) "Manufacturer" means any person that produces a cosmetic product or an importer or domestic distributor of a cosmetic product.
(b) "Manufacturer" does not mean:
(A) A retailer that sells to consumers cosmetic products produced by a third party.
(B) A grocery wholesaler or grocery retailer that contracts with a third party to produce cosmetic products on behalf of and under the brand of the grocery wholesaler or grocery retailer.
(c) For the purposes of this subsection, "importer" means the owner of the product.
(9) "Ortho-phthalates" means esters of ortho-phthalic acid.
(10) "Perfluoroalkyl and polyfluoroalkyl substances" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(11) "Practical quantification limit" means the lowest concentration of a chemical that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions. [2023 c.575 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.335 - List of high priority chemicals of concern in cosmetic products; practical quantification limits.

(1)(a) The Oregon Health Authority shall adopt by rule and maintain a list of high priority chemicals of concern used in cosmetic products and practical quantification limits for each of those chemicals.
(b) The authority may include a class of chemicals on the list. If the authority includes a class of chemicals on the list, the authority may exclude from the list specific members of the class of chemicals that do not share the same hazards as the other members of the class of chemicals.
(2) In adopting by rule the practical quantification limits for chemicals or classes of chemicals on the list, the authority shall consider guidance developed by the State of Washington and other federal, state, international and nongovernmental organizations with the applicable expertise.
(3) The authority shall post the list of high priority chemicals on its website. For each high priority chemical or class of high priority chemicals on the list, the authority shall post information regarding the known health impacts associated with exposure to the chemical or class of chemicals.
(4) The authority shall review and revise the list of high priority chemicals every three years. In completing the revisions under this subsection, the authority:
(a) Shall consider adding or removing a chemical or class of chemicals from the list of high priority chemicals if the chemical or class of chemicals is added to or removed from a list maintained by another state agency, another state or a federal agency that the authority has identified by rule as a list intended to identify high priority chemicals; and
(b) May remove a chemical or class of chemicals from the list of high priority chemicals if the authority determines that the chemical or class of chemicals is no longer being used in cosmetic products.
(5) The authority shall update the list of high priority chemicals on its website within one year after the date on which a chemical or class of chemicals is added to or removed from the list. [2023 c.575 §2]
Note:
431A.335 becomes operative January 1, 2027. See section 6, chapter 575, Oregon Laws 2023.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.340 - Manufacturer notice requirements.

A manufacturer of a cosmetic product sold or offered for sale in this state that contains a chemical included on the list adopted and maintained under ORS 431A.335 in an amount at or above a de minimis level shall include a notice for Oregon consumers on the manufacturer’s website. The notice must contain:
(1) Information that satisfies all of the labeling requirements pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq. and the federal Fair Packaging and Labeling Act, 15 U.S.C. 1451 et seq.; and
(2) A list of chemicals or classes of chemicals intentionally added to the product if the chemicals or classes of chemicals are identified by the authority as:
(a) A chemical or class of chemicals on the list of high priority chemicals of concern used in cosmetic products adopted and maintained under ORS 431A.335; or
(b) A chemical or class of chemicals identified by a state agency, another state, a federal agency or an accredited research university, or by other information deemed authoritative by the Oregon Health Authority on the basis of credible scientific evidence, as known to:
(A) Harm the normal development of a fetus or child or cause other developmental toxicity;
(B) Cause cancer, genetic damage or reproductive harm;
(C) Disrupt the endocrine system;
(D) Damage the nervous system, immune system or organs or cause other systemic toxicity;
(E) Be persistent, bioaccumulative and toxic; or
(F) Be very persistent and very bioaccumulative as determined by the authority by rule. [2023 c.575 §3]
Note:
431A.340 becomes operative January 1, 2027. See section 6, chapter 575, Oregon Laws 2023.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.345 - Prohibition on certain intentionally added chemicals or classes of chemicals.

(1) A manufacturer may not knowingly manufacture, sell, offer for sale, distribute for sale or distribute for use in this state any cosmetic product that contains any of the following intentionally added chemicals or classes of chemicals above the practical quantification limit:
(a) Ortho-phthalates;
(b) Perfluoroalkyl and polyfluoroalkyl substances;
(c) Formaldehyde (CAS Registry Number 50-00-0) and formaldehyde releasing agents;
(d) Methylene glycol (CAS Registry Number 463-57-0);
(e) Mercury and mercury compounds (CAS Registry Number 7439-97-6);
(f) Triclosan (CAS Registry Number 3380-34-5);
(g) m-Phenylenediamine and its salts (CAS Registry Number 108-45-2); and
(h) o-Phenylenediamine and its salts (CAS Registry Number 95-54-5).
(2) A manufacturer may not knowingly manufacture, sell, offer for sale, distribute for sale or distribute for use in this state any cosmetic product that contains lead or lead compounds (CAS Registry Number 7439-92-1) at 10 parts per million or above, or as otherwise determined by the Oregon Health Authority by rule.
(3) Notwithstanding ORS 431A.330 (4)(c)(C), the prohibition on chemicals under this section applies to cosmetic products even if the product contains drug ingredients regulated by the United States Food and Drug Administration. [2023 c.575 §4]
Note:
431A.345 becomes operative January 1, 2027. See section 6, chapter 575, Oregon Laws 2023.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.350 - Lead poisoning.

(1) Lead poisoning is a significant health concern because lead is a potent neurotoxin that affects every system of the human body. It is harmful to individuals of all ages and is especially harmful to children, fetuses and women of childbearing age. Lead poisoning is one of the most common and preventable pediatric health problems in Oregon.
(2) Common renovation activities such as sanding, cutting and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children.
(3) The federal government assists states in preventing lead poisoning and reducing lead hazards through:
(a)(A) The Lead-Based Paint Poisoning Prevention Act;
(B) The Lead Contamination Control Act of 1988;
(C) The Safe Drinking Water Act; and
(D) The Resource Conservation and Recovery Act of 1976.
(b) Implementing regulations of:
(A) The Department of Housing and Urban Development;
(B) The Environmental Protection Agency;
(C) The Occupational Safety and Health Administration; and
(D) The Centers for Disease Control and Prevention.
(c) The Residential Lead-Based Paint Hazard Reduction Act of 1992, which:
(A) Requires that sellers and landlords of residential housing constructed before 1978 notify buyers and tenants of known lead-based paint hazards; and
(B) Allows states to receive authorization from the Environmental Protection Agency to provide for the accreditation of lead-based paint activities and renovation training programs, the certification of persons completing training programs and the certification of lead-based paint activities and renovation contractors pursuant to standards developed by the agency. [Formerly 431.917]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.353 - Definitions.

As used in ORS 431A.355 and 431A.358:
(1) "Certified" and "certification" means an action by the Oregon Health Authority verifying the successful completion of a training program accredited by the authority and any other requirements.
(2) "Firm" has the meaning given that term in 40 C.F.R. 745.83 and as further defined pursuant to the authorities described in ORS 431A.350.
(3) "Lead-based paint" has the meaning given that term in P.L. 102-550, section 1004, and as further defined pursuant to the authorities described in ORS 431A.350.
(4) "Lead-based paint activities" has the meaning given that term in 40 C.F.R. 745.223 and as further defined pursuant to the authorities described in ORS 431A.350.
(5) "Renovation" has the meaning given that term in 40 C.F.R. 745.83 and as further defined pursuant to the authorities described in ORS 431A.350. [Formerly 431.918]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.355 - Power of Oregon Health Authority to regulate lead-based paint activities and renovation; fees.

(1) The Oregon Health Authority shall:
(a) Certify firms and individuals to perform lead-based paint activities;
(b) Certify firms to perform renovation;
(c) Accredit training providers to provide lead-based paint activities and renovation training;
(d) Develop and approve training programs for lead-based paint activities and renovation;
(e) Establish standards based on best practices for the conduct of lead-based paint inspections, risk assessment and hazard control or abatement services, renovation activities that disturb lead-based paint and the disposal of lead-based paint that are in addition to, not inconsistent with and not in lieu of any other workplace standards required by law;
(f) Develop and conduct programs to screen blood lead levels, identify hazards and educate the public, including but not limited to parents, residential dwelling owners, pediatric medical providers and child care facility operators, about the dangers of lead-based paint and about appropriate precautions that may reduce the probability of childhood lead poisoning;
(g) Adopt rules necessary to implement the provisions of this section and ORS 431A.358 and 431A.363; and
(h) Establish fees sufficient to recover the costs of implementing the provisions of this section and ORS 431A.358 and 431A.363, including but not limited to fees for:
(A) Certification and recertification to perform lead-based paint activities and renovation; and
(B) Accreditation and reaccreditation of lead-based paint training providers.
(2) The authority may contract with a third party to obtain a lead-based paint risk assessment or to abate or control lead-based paint hazards that are identified by a risk assessment.
(3) The authority may:
(a) Enter private or public 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 necessary to determine compliance with this section and ORS 431A.358;
(b) Issue subpoenas to determine compliance with this section and ORS 431A.358;
(c) Suspend, revoke or modify a certification to perform lead-based paint activities or renovation if the holder of the certification fails to comply with state or federal statutes or regulations related to lead-based paint; and
(d) Suspend, revoke or modify a certified renovator’s certification if the renovator fails to comply with state or federal statutes or regulations related to lead-based paint.
(4) A person for whom a third party performs lead-based paint activities or renovation, or who compensates a third party to perform lead-based paint activities or renovation, shall identify the third party to the authority upon request. [Formerly 431.920; 2021 c.49 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.358 - Performance of lead-based paint activities and renovation without certification prohibited.

(1) An individual may not perform or offer to perform lead-based paint activities unless the individual is certified as provided under ORS 431A.355.
(2) A firm may not perform or offer to perform a renovation for compensation unless the firm is certified as provided under ORS 431A.355.
(3) A firm may not perform or offer to perform lead-based paint activities unless the firm is certified as provided under ORS 431A.355. [Formerly 431.922; 2021 c.191 §5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.360 - Lead poisoning prevention clearinghouse for schools.

(1) The Oregon Health Authority shall develop and maintain a lead poisoning prevention clearinghouse on its website for public and private schools that provide instruction at levels kindergarten through grade 12 in order to provide these schools with information about:
(a) The dangers to students posed by the exposure to lead; and
(b) How to best protect students from the hazards posed by lead-based paint.
(2) In order to provide the information described in subsection (1) of this section, the clearinghouse must include:
(a) Information about the adverse health effects from exposure to lead;
(b) Information about the common sources of exposure to lead;
(c) Tips regarding how to recognize hazards posed by lead-based paint;
(d) Information about how to safely paint, or renovate, a school and thereby prevent exposure to lead;
(e) A list of this state’s laws and rules relating to lead-based paint;
(f) Tips about how to comply with this state’s laws and rules relating to lead-based paint;
(g) Information about how to maintain a school and keep it safe from the dangers posed by lead-based paint; and
(h) Resources and education materials concerning how to prevent students from being exposed to lead-based paint. [Formerly 431.926]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.402 - Healthy Homes Repair Fund.

(1) There is established in the State Treasury the Healthy Homes Repair Fund, separate and distinct from the General Fund. Interest earned by the Healthy Homes Repair Fund is credited to the fund. The purpose of the fund is to:
(a) Fund grants to eligible entities under the Healthy Homes Program established under ORS 431A.400; and
(b) Pay for the administrative expenses of the Oregon Health Authority in establishing, implementing and administering the Healthy Homes Program under ORS 431A.400.
(2) The fund consists of:
(a) Money appropriated to the fund by the Legislative Assembly;
(b) Grant funds repaid under ORS 431A.400 (6);
(c) Moneys transferred to the fund from the federal or state government;
(d) Application fees received under ORS 431A.400, if any; and
(e) Gifts, grants and donations received from any source. [2021 c.622 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.410 - Grants for clean air programs.

(1) As used in this section:
(a) "Public education provider" has the meaning given that term in ORS 326.545.
(b) "Smoke filtration system" means an air filtration system capable of removing particulates and other harmful components of wildfire smoke in a public building.
(2) In consultation and coordination with the Oregon Health Authority, the Department of Human Services shall establish and implement a grant program that allows local governments, public education providers, federally recognized Indian tribes in Oregon, nonprofits and faith-based organizations to:
(a) Establish emergency spaces that provide cleaner air, warming or cooling.
(b) Equip buildings with:
(A) Smoke filtration systems so the buildings may serve as cleaner air spaces during wildfire smoke and other poor air quality events.
(B) Warming or cooling facilities so the buildings may serve as temperate spaces during dangerously hot or cold conditions.
(3) The department shall require grantees to provide access to the spaces at no charge.
(4) Warming or cooling spaces or facilities receiving grants under this section shall notify the 2-1-1 system provided for in ORS 403.400 to 403.430, regarding the space’s location and capacity and shall keep the corporation updated with the space’s hours and dates of operation. [2021 c.592 §14; 2022 c.86 §§30,30a; 2023 c.611 §6]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.412 - Department of Human Services as lead state agency for clean air shelter operations.

(1) As used in this section:
(a) "Public education provider" has the meaning given that term in ORS 326.545.
(b) "Support" includes, but is not limited to, providing technical expertise, equipment, staff assistance, training and general assistance.
(2) The Department of Human Services is the lead state agency for supporting operations for spaces that provide cleaner air, warming or cooling. The department shall:
(a) Consult and collaborate with the Oregon Health Authority to align practices for voluntary evacuations and emergency sheltering operations.
(b) Coordinate with the authority in setting priorities for awarding grants described in ORS 431A.410.
(c) Provide support to the local agencies, public education providers, federally recognized Indian tribes in Oregon, nonprofits and faith-based organizations that take lead roles in operating and planning spaces that provide cleaner air, warming or cooling. [2021 c.592 §14a; 2022 c.86 §§31,31a; 2023 c.611 §7]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.415 - Oregon Health Authority grants for purchase of smoke filtration devices; rules.

(1) As used in this section, "smoke filtration device" means portable air cleaners and furnace, heating, ventilation and air conditioning filters that are intended to remove contaminants, including particulates and other harmful components of wildfire smoke, from the air in a room to improve indoor air quality.
(2) The Oregon Health Authority shall establish a program to increase the availability of residential smoke filtration devices among persons vulnerable to the health effects of wildfire smoke who reside in areas susceptible to wildfire smoke.
(3) The authority may award grants for the purchase of smoke filtration devices.
(4) If the authority awards grants described in this section, the authority shall give priority to funding for smoke filtration devices in residential buildings occupied by persons who qualify for the Oregon Health Plan or Medicaid and are vulnerable to the health effects of wildfire smoke.
(5) The authority may adopt rules establishing standards for smoke filtration devices obtained with grant moneys received under this section, including, but not limited to, minimum acceptable efficiency for the removal of particulates and other harmful substances generated by wildfires.
(6) The authority may provide information and refer service providers to grantees that need housing interventions to facilitate effective use of smoke filtration devices, including interventions such as weather proofing. [2021 c.592 §15]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.417 - Reporting on smoke filtration device grants.

The Oregon Health Authority shall periodically report to an appropriate committee or interim committee of the Legislative Assembly, as described in ORS 192.245, to the State Wildfire Programs Director and to the Wildfire Programs Advisory Council on:
(1) The use of smoke filtration devices funded under ORS 431A.415, including use of the smoke filtration devices by vulnerable and underserved communities.
(2) The effectiveness of the programs described in ORS 431A.415.
(3) Areas for improvement.
(4) Public health impacts during wildfire smoke events.
(5) Whether funding described in ORS 431A.415 has provided a public health return on investment. [2021 c.592 §15a]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.450 - Automated external defibrillators required at health clubs; exception.

(1) As used in this section, "health club" means an indoor facility:
(a) With the primary purpose of offering exercise or athletic activities that patrons or members may participate in for a fee; and
(b) That typically has at the facility on a regular business day 50 or more persons who are employees, patrons or members participating in the exercise or athletic activities offered at the facility.
(2) The owner of a health club shall have on the premises at all times at least one automated external defibrillator.
(3) Subsection (2) of this section does not apply to a facility owned by a hotel as defined in ORS 699.005. [Formerly 431.680]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.455 - Automated external defibrillators required at places of public assembly; exceptions.

(1) As used in this section, "place of public assembly" means a single building that has 50,000 square feet or more of indoor floor space and where:
(a)(A) The public congregates for purposes such as deliberation, shopping, entertainment, amusement or awaiting transportation; or
(B) Business activities are conducted; and
(b) At least 50 individuals congregate on a normal business day.
(2) Notwithstanding ORS 431A.450 (3), the owner of a place of public assembly shall have on the premises at least one automated external defibrillator.
(3) Notwithstanding subsection (2) of this section:
(a) A community college or a public university listed in ORS 352.002 shall have at least one automated external defibrillator on the campus of the community college or public university; and
(b) If the campus of the community college or public university contains more than one place of public assembly, the community college or public university shall ensure that at least one automated external defibrillator is readily available to each place of public assembly.
(4) Subsection (2) of this section does not apply to a building primarily used for worship or education associated with worship. [Formerly 431.690]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.460 - Legislative findings.

The Legislative Assembly recognizes that substance use disorders, including opioid and opiate addiction, negatively impact the residents of this state. Therefore, it is the intent of the Legislative Assembly that substance use disorders be considered as chronic illnesses for which commensurate treatment is available and provided. [2019 c.583 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.463 - Prohibition on requiring prior authorization of payment for substance use disorder treatment; rules.

(1) The Oregon Health Authority shall prohibit coordinated care organizations and public payers of health insurance, when reimbursing the cost of medication-assisted treatment for treating substance use disorders, including opioid and opiate addiction, from requiring prior authorization of payment during the first 30 days of medication-assisted treatment.
(2) The authority may adopt rules to carry out this section. [2019 c.583 §7]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.475 - Oregon Health Authority duties.

(1) The Oregon Health Authority shall educate residents of this state about:
(a) The need for bone marrow donors;
(b) The procedures required to become registered as a potential bone marrow donor, including procedures for determining a person’s tissue type; and
(c) The medical procedures a donor must undergo to donate bone marrow or other sources of blood stem cells.
(2) The Oregon Health Authority shall make special efforts to educate and recruit citizens of Oregon with a special emphasis on minority populations to volunteer as potential bone marrow donors. Means of communication may include use of press, radio and television, and placement of educational materials in appropriate health care facilities, blood banks and state and local agencies. The Oregon Health Authority in conjunction with the Department of Transportation shall make educational materials available at all places where driver licenses are issued or renewed. [Formerly 431.270]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.500 - Spinal Cord Injury Research Board; members; terms; chairperson; meetings; rules.

(1) There is established a Spinal Cord Injury Research Board consisting of 11 members appointed by the Governor.
(2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(3) The appointment of a member to the board is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.
(4) The members of the Spinal Cord Injury Research Board shall be citizens of this state who are well informed on the issues relating to spinal cord injuries and related disabilities. Members may include, but are not limited to:
(a) A minimum of five health professionals with clinical practice experience in each of the practice fields of neuroscience, neurology, neurosurgery, neuropharmacology and spinal cord rehabilitative medicine;
(b) A representative of the Oregon Disabilities Commission;
(c) A representative of a disabilities advocacy organization or an individual who advocates on behalf of persons with spinal cord injuries;
(d) A representative of the Oregon Health Authority;
(e) Members of the Legislative Assembly; and
(f) A person with a spinal cord injury.
(5) The board shall elect one of its members as chairperson and another as vice chairperson, for such terms and with such duties and powers necessary for the performance of the functions of such offices as the board determines.
(6) The board shall meet at least once every three months at a place, day and hour determined by the chairperson. The board also shall meet at other times and places specified by the call of the chairperson or of a majority of the members of the board.
(7) In accordance with applicable provisions of ORS chapter 183, the board may adopt rules necessary for the administration of the grant program and fund described in ORS 431A.505 and 431A.510. [Formerly 431.290]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.505 - Duties of board; grants.

(1) The Spinal Cord Injury Research Board may solicit, receive and review applications from public and private agencies, organizations and research institutions for grants from the Spinal Cord Injury Research Fund created under ORS 431A.510, to conduct research programs that focus on the treatment and cure of spinal cord injury.
(2) After review of a grant application, the board shall grant approval of the application and disburse moneys from the Spinal Cord Injury Research Fund if the application meets the criteria established by the board and if money exists in the fund.
(3) The board may solicit contributions to the fund from public and private sources.
(4) The board shall provide the Governor and the Legislative Assembly with a biennial report no later than January 31 of each odd-numbered year that summarizes the status of funds appropriated for spinal cord injury research and the progress of the board in encouraging spinal cord injury research. [Formerly 431.292]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.510 - Spinal Cord Injury Research Fund.

(1) There is created within the State Treasury, separate and distinct from the General Fund, the Spinal Cord Injury Research Fund administered by the Spinal Cord Injury Research Board. Moneys in the fund are continuously appropriated for the purpose of carrying out ORS 431A.505.
(2) The Spinal Cord Injury Research Fund shall consist of:
(a) Moneys appropriated to the fund by the Legislative Assembly; and
(b) Moneys obtained from gifts or grants by any public or private source received by the board under ORS 431A.505 (3). [Formerly 431.294]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.525 - Stroke Care Committee.

(1) The Stroke Care Committee is established under the Oregon Health Authority.
(2) The Director of the Oregon Health Authority shall appoint at least 10 members to serve on the committee as follows:
(a) Two physicians who specialize in the care of stroke patients, one of whom is a neurologist;
(b) One physician who specializes in emergency medicine;
(c) At least three hospital administrators, or designees of hospital administrators, of whom:
(A) At least one must be from a certified Comprehensive Stroke Center;
(B) One must be from a certified Primary Stroke Center; and
(C) One must be from a rural hospital that uses Telestroke;
(d) One nurse who is a stroke coordinator or who works in an emergency department and has experience treating stroke;
(e) One emergency medical services provider who works for a licensed ambulance service;
(f) One health practitioner who specializes in rehabilitative medicine; and
(g) One individual who has experience advocating for the care of stroke patients and who is not a health care provider.
(3) In appointing members under subsection (2) of this section, the director must consider the geographic diversity of this state and appoint members who are from rural areas.
(4) For the purpose of achieving continuous improvement in the quality of stroke care, the committee shall:
(a) Analyze data related to the prevention and treatment of strokes;
(b) Identify potential interventions to improve stroke care; and
(c) Advise the authority on meeting the objectives of the authority, including but not limited to the objectives of the emergency medical services and trauma system developed pursuant to ORS 431A.050, that are related to stroke care.
(5) A majority of the members of the committee constitutes a quorum for the transaction of business.
(6) Official action taken by the committee requires the approval of a majority of the members of the committee.
(7) The committee shall elect a chairperson from among its members.
(8) The committee shall meet at the call of the chairperson or of a majority of the members of the committee.
(9) The committee may adopt rules necessary for the operation of the committee.
(10) The term of office of each member of the committee is four years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor whose term begins January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become immediately effective for the unexpired term.
(11) Members of the committee are not entitled to compensation, but may be reimbursed from funds available to the authority, for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. [Formerly 431.673]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.550 - Facilities to provide notice; rules.

(1) A facility, as defined in 42 U.S.C. 263b, must provide written notice, in the form prescribed by the Oregon Health Authority under subsection (2) of this section, to a patient on whom the facility has performed a mammogram if the mammogram shows the patient has dense breast tissue.
(2) The authority shall prescribe by rule the form and content of the notice provided under subsection (1) of this section. The notice must include but is not limited to all of the following:
(a) Information about breast density, based on the Breast Imaging Reporting and Data System established by the American College of Radiology;
(b) An explanation that dense breast tissue can make it harder to find cancer on a mammogram and that dense breast tissue may also be associated with an increased risk of breast cancer;
(c) That the patient may benefit from supplementary screening or diagnostic testing including a breast ultrasound; and
(d) That the patient should contact the patient’s health care provider to find out whether the health care provider recommends additional testing.
(3) The authority shall adopt by rule a definition of "dense breast tissue" and shall amend the definition whenever necessary to ensure that the definition is consistent with current medical evidence. [Formerly 431.823]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.560 - Educational materials about breast reconstruction; requirements.

(1) The Oregon Health Authority shall make written materials available on the authority’s website to educate breast cancer patients about the availability of insurance coverage for breast reconstruction surgery and breast prostheses following a mastectomy. The authority shall update the materials at least annually.
(2) The authority shall place a link to the educational materials described in subsection (1) of this section next to a link on the website to information about breast cancer screenings and under a tab designated "Breast Reconstruction Education." The materials must include links to information about breast reconstruction surgery published by governmental entities with a nexus to this state or nonprofit organizations with expertise in breast reconstruction surgery, including but not limited to information about:
(a) The availability of the option to have breast reconstruction surgery following a mastectomy including that the breast reconstruction surgery may be performed at the time of a mastectomy or may be delayed until a later date.
(b) Prostheses or breast forms as alternatives to breast reconstruction surgery.
(c) The requirements of the Women’s Health and Cancer Rights Act of 1998 (P.L. 105-277) including the right to breast reconstruction surgery following a mastectomy even if the surgery is delayed until a later date.
(3) The authority may include educational information about breast reconstruction surgery in newsletters or similar publications that the authority sends to clients or physicians on a weekly or monthly basis. [2017 c.163 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.575 - Oregon Health Authority to provide pamphlets.

The Oregon Health Authority shall provide to the counties of this state pamphlets described in ORS 106.081. The authority may produce such pamphlets with moneys available for the purpose or may accept a gift of such pamphlets from any public or private source if the content is acceptable to the authority. [Formerly 431.825]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.600 - Oregon Health Authority to conduct prevention and education activities.

The Oregon Health Authority shall establish and implement appropriate education, prevention and outreach activities in communities that traditionally practice female circumcision, excision or infibulation for the purpose of informing:
(1) Those communities of the health risks and emotional trauma inflicted by the practices;
(2) Those communities and the medical community as to the existence and ramifications of ORS 163.207; and
(3) Those communities that the practices constitute physical injuries to a child for purposes of ORS 419B.005. [Formerly 431.827]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.625 - Oregon Health Authority to establish services and programs.

(1) The Oregon Health Authority shall establish an acquired immune deficiency syndrome program:
(a) To provide education and prevention services to its clients; and
(b) To provide education and prevention services to the public.
(2) Programs authorized by this section may be operated by the authority directly or under contract with public and private agencies. [Formerly 431.830]