reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.001 - Findings.

The Legislative Assembly of the State of Oregon finds and declares that:
(1) Each resident of this state is entitled to the basic public health services that are necessary to preserve life and health;
(2) A framework for public health services provided by the government is necessary for applying the foundational capabilities and implementing the foundational programs by which the state or a local government may assess, protect or improve the health of the residents of this state; and
(3) The purpose of ORS 431.001 to 431.550 and 431.990 is to provide the framework described in subsection (2) of this section. [2015 c.736 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.003 - Definitions.

As used in ORS 431.001 to 431.550 and 431.990:
(1) "Foundational capability" means the knowledge, skill or ability that is necessary to carry out a public health activity.
(2) "Foundational program" means a public health program that is necessary to assess, protect or improve the health of the residents of this state.
(3) "Governing body of a local public health authority" means:
(a) The governing body of a county;
(b) A board described in ORS 431.443 (2);
(c) A board established under ORS 431.443 (3); or
(d) The board of an intergovernmental entity created by an agreement pursuant to ORS 190.010 (5) for the purpose of providing public health services.
(4) "Local health department" means the agency established by the local public health authority that is responsible for administering public health programs and public health activities within the local public health authority’s jurisdiction.
(5) "Local health officer" means:
(a) A local public health administrator appointed under ORS 431.418 who is a physician licensed under ORS chapter 677;
(b) A physician licensed under ORS chapter 677 who is employed by or who enters a contract with a local public health administrator under ORS 431.418; or
(c) A physician licensed under ORS chapter 677 who is appointed by the Public Health Officer under ORS 431.045.
(6) "Local public health administrator" means an individual appointed under ORS 431.418 to supervise the public health programs and public health activities of a local health department.
(7) "Local public health authority" means:
(a) A county government;
(b) A health district formed under ORS 431.443; or
(c) An intergovernmental entity that provides public health services pursuant to an agreement entered into under ORS 190.010 (5). [2015 c.736 §2; 2019 c.321 §5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.035 - Power of Director of Oregon Health Authority to delegate functions; Public Health Director; appointment; duties.

(1) The Director of the Oregon Health Authority may delegate to any of the officers and employees of the Oregon Health Authority the exercise or discharge in the director’s name of any power, duty or function of whatever character vested in or imposed upon the director by the laws of Oregon. However, the power to administer oaths and affirmations, subpoena witnesses, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records may be exercised by an officer or employee of the authority only when specifically delegated in writing by the director.
(2) The official act of any such person so acting in the director’s name and by the authority of the director shall be deemed to be an official act of the director.
(3)(a) The Director of the Oregon Health Authority shall appoint a Public Health Director to perform the duties and exercise authority over public health emergency matters in the state and other duties as assigned by the director. The director may appoint the same person to serve as both the Public Health Director and the Public Health Officer appointed under ORS 431.045.
(b) The Public Health Director shall be an assistant director appointed by the Director of the Oregon Health Authority in accordance with ORS 409.130.
(c) The Public Health Director shall delegate to an employee of the authority the duties, powers and functions granted to the Public Health Director by ORS 431A.015 and 433.443 in the event of the absence from the state or the unavailability of the director. The delegation must be in writing. [1973 c.829 §2; 2007 c.445 §1; 2009 c.595 §532]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.045 - Public Health Officer; appointment; qualifications; duties; rules.

(1) The Director of the Oregon Health Authority shall appoint a Public Health Officer who shall be responsible for the medical and paramedical aspects of the health programs within the Oregon Health Authority. The Public Health Officer must be a physician licensed under ORS chapter 677 who:
(a) Is certified by the American Board of Preventive Medicine or the board of a primary care clinical specialty such as internal medicine, family medicine or pediatrics; and
(b) Has at least two years of experience working for a local, state or federal public health authority.
(2) The Public Health Officer:
(a) Is responsible for the duties imposed by 42 U.S.C. 300ff-133(g) and 300ff-136;
(b) May appoint a local health officer for a county that has transferred the responsibility of the local public health authority in the county to the Oregon Health Authority under ORS 431.382; and
(c) May adopt rules to carry out the officer’s responsibilities under this subsection. [1971 c.650 §2; 1973 c.358 §5; 1977 c.267 §18; 1987 c.618 §1; 2001 c.900 §143; 2007 c.71 §119; 2009 c.595 §533; 2013 c.61 §1; 2015 c.318 §7; 2019 c.321 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.110 - General powers and duties of Oregon Health Authority.

The Oregon Health Authority shall:
(1) Have direct supervision of all matters relating to the preservation of life and health of the people of this state.
(2) Ensure the statewide and local application of the foundational capabilities established under ORS 431.131 and described in ORS 431.132, 431.133, 431.134, 431.135, 431.136, 431.137 and 431.138.
(3) At the state level of governance, administer the foundational programs established under ORS 431.141 and described in ORS 431.142, 431.143, 431.144 and 431.145.
(4) At the local level of governance, oversee and provide support for the implementation of the foundational programs established under ORS 431.141 and described in ORS 431.142, 431.143, 431.144 and 431.145.
(5) Conduct sanitary surveys about and investigations on the causes and prevention of diseases.
(6) Investigate, conduct hearings and issue findings in connection with annexations proposed by cities as provided in ORS 222.840 to 222.915 and 431.705 to 431.760.
(7) Have full power in the control of all communicable diseases.
(8) Have the authority to send a representative of the authority to any part of the state.
(9) From time to time, publish and distribute to the public information related to the functions and duties of the authority. [Amended by 1955 c.105 §1; 1967 c.624 §18; 1971 c.650 §9; 1977 c.582 §8; 1987 c.414 §83; 1989 c.834 §18; 1991 c.122 §11; 2001 c.900 §254; 2009 c.595 §534; 2013 c.61 §2; 2015 c.736 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.120 - Other duties of Oregon Health Authority; rules.

In addition to the duties described in ORS 431.115, the Oregon Health Authority shall:
(1) Enforce the laws, rules and policies of this state related to health.
(2) Routinely conduct epidemiological investigations for each case of sudden infant death syndrome, including the identification of risk factors such as birth weight, maternal age, prenatal care, history of apnea and socioeconomic characteristics. The authority may conduct the investigations through local health departments only upon adoption by rule of a uniform epidemiological data collection method.
(3) Adopt rules related to loans and grants awarded under ORS 285B.560 to 285B.599 or 541.700 to 541.855 for the improvement of drinking water systems for the purpose of maintaining compliance with applicable state and federal drinking water quality standards. In adopting rules under this subsection, the authority shall coordinate the authority’s rulemaking process with the Water Resources Department and the Oregon Business Development Department to ensure that rules adopted under this subsection are consistent with rules adopted under ORS 285B.563 and 541.845.
(4) Control health care capital expenditures by administering the state certificate of need program under ORS 442.325 to 442.344. [Amended by 1971 c.650 §10; 1977 c.582 §9; 1981 c.385 §1; 1991 c.944 §4; 1993 c.18 §107; 1993 c.754 §8; 2005 c.835 §24; 2009 c.595 §535; 2013 c.61 §2a; 2015 c.736 §32]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.123 - Duties of Oregon Public Health Advisory Board.

The Oregon Public Health Advisory Board shall:
(1) Make recommendations to the Oregon Health Policy Board on the development of statewide public health policies and goals;
(2) Make recommendations to the Oregon Health Policy Board on how other statewide priorities, such as the provision of early learning services and the delivery of health care services, affect and are affected by statewide public health policies and goals;
(3) Make recommendations to the Oregon Health Policy Board on the establishment of the foundational capabilities under ORS 431.131, the foundational programs under ORS 431.141 and any other public health program or activity under ORS 431.147;
(4) Make recommendations to the Oregon Health Policy Board on the adoption and updating of the statewide public health modernization assessment under ORS 431.115;
(5) Make recommendations to the Oregon Health Policy Board on the development of and any modification to the statewide public health modernization plan developed under ORS 431.115;
(6) Establish accountability metrics for the purpose of evaluating the progress of the Oregon Health Authority and local public health authorities in achieving statewide public health goals;
(7) Make recommendations to the Oregon Health Authority and the Oregon Health Policy Board on:
(a) The development of, and any modification to, plans developed under ORS 431.115 for the distribution of funds to local public health authorities under ORS 431.380; and
(b) The total cost to local public health authorities of applying the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141;
(8) Make recommendations to the Oregon Health Policy Board on the use of accountability metrics by the Oregon Health Authority under ORS 431.380 to encourage the effective and equitable provision of public health services by local public health authorities;
(9) Make recommendations to the Oregon Health Policy Board on the incorporation and use of incentives by the Oregon Health Authority under ORS 431.380 to encourage the effective and equitable provision of public health services by local public health authorities;
(10) Provide support to local public health authorities in developing local plans to apply the foundational capabilities established under ORS 431.131 and implement the foundational programs established under ORS 431.141 as required by ORS 431.417;
(11) Monitor the progress of local public health authorities in meeting statewide public health goals, including employing the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141;
(12) Assist the Oregon Health Authority in seeking funding, including in the form of federal grants, for ORS 431.001 to 431.550 and 431.990; and
(13) Assist the Oregon Health Authority in coordinating and collaborating with federal agencies. [2015 c.736 §7; 2017 c.627 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.125 - Duties related to public health laws.

In addition to the duties described in ORS 413.011, the Oregon Health Policy Board shall:
(1) Be the policy-making and oversight body for the Oregon Health Authority with respect to the application of the foundational capabilities established under ORS 431.131 and the implementation of the foundational programs established under ORS 431.141; and
(2) Provide advice to the Oregon Health Authority based on the recommendations made by the Oregon Public Health Advisory Board under ORS 431.123. [2015 c.736 §8]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.131 - Foundational capabilities; rules.

(1) The Oregon Health Authority, in consideration of the advice provided by the Oregon Health Policy Board under ORS 431.125, shall establish by rule the foundational capabilities necessary to protect and improve the health of the residents of this state and to achieve effective and equitable health outcomes for the residents of this state.
(2) At a minimum, the authority shall establish the following foundational capabilities:
(a) Assessment and epidemiology, as described in ORS 431.132;
(b) Emergency preparedness and response, as described in ORS 431.133;
(c) Communications as described in ORS 431.134;
(d) Policy and planning as described in ORS 431.135;
(e) Leadership and organizational competencies, as described in ORS 431.136;
(f) Health equity and cultural responsiveness, as described in ORS 431.137; and
(g) Community partnership development, as described in ORS 431.138. [2015 c.736 §9]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.132 - Assessment and epidemiology; rules.

(1) For the purpose of establishing the foundational capabilities under ORS 431.131, assessment and epidemiology include, but are not limited to, the knowledge, skills and abilities necessary to:
(a) Identify and respond to disease outbreaks and epidemics;
(b) Analyze and respond to information related to disease outbreaks and epidemics;
(c) Conduct and assess surveys about health behaviors and practices;
(d) Collect and maintain vital records and statistics;
(e) Process data from a variety of sources, including vital records, health records, hospital data, insurance data and indicators of community or environmental health;
(f) Analyze key indicators of a community’s health;
(g) Analyze data related to the causes and burdens of disease, injury, disability and death;
(h) Prioritize and respond to requests for data processed and analyzed as described in this section and communicate the response in a manner that is accurate, statistically valid and usable by the requester;
(i) Identify how disease, injury, disability and death disproportionately affect certain populations, including populations specific to sex, race, ethnicity and socioeconomic status;
(j) Conduct a community health assessment and identify priorities arising from that assessment; and
(k) Use relevant data to implement, monitor, evaluate and modify state health improvement plans or community health improvement plans.
(2) For purposes of this section, the Oregon Health Authority may adopt rules differentiating between the knowledge, skills and abilities that are necessary for state governance and that are necessary for local governance. [2015 c.736 §10; 2017 c.627 §7]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.133 - Emergency preparedness and response; rules.

(1) For the purpose of establishing the foundational capabilities under ORS 431.131, emergency preparedness and response include, but are not limited to, the knowledge, skills and abilities necessary to:
(a) Develop, exercise, improve and maintain preparedness and response plans in the event that either a natural or man-made disaster or an emergency occurs;
(b) Communicate and coordinate with health care providers, emergency service providers and other agencies and organizations that respond to disasters and emergencies;
(c) Activate emergency response personnel during a disaster or emergency, and recognize if public health has a primary, secondary or ancillary role in response activities;
(d) Use communications systems effectively and efficiently during a disaster or emergency;
(e) Maintain and execute a plan providing for continuity of operations during a disaster or emergency, including a plan for accessing resources necessary to recover from or respond to a disaster or emergency;
(f) Issue and enforce emergency health orders;
(g) Be notified of and respond to potential disasters and emergencies; and
(h) Address the needs of vulnerable populations during a disaster or emergency.
(2) For purposes of this section, the Oregon Health Authority may adopt rules differentiating between the knowledge, skills and abilities that are necessary for state governance and that are necessary for local governance. [2015 c.736 §11]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.134 - Communications; rules.

(1) For the purpose of establishing the foundational capabilities under ORS 431.131, communications include, but are not limited to, the knowledge, skills and abilities necessary to:
(a) Engage in two-way communications with the public through the use of a variety of accessible methods of communication;
(b) Effectively use mass media and social media to transmit communications to and receive communications from the public;
(c) Communicate with specific populations in a manner that is culturally and linguistically appropriate;
(d) Develop and implement educational programs and preventive strategies; and
(e) During a disease outbreak or other disaster or emergency, provide accurate, timely and understandable information, recommendations and instructions to the public.
(2) For purposes of this section, the Oregon Health Authority may adopt rules differentiating between the knowledge, skills and abilities that are necessary for state governance and that are necessary for local governance. [2015 c.736 §12]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.135 - Policy and planning; rules.

(1) For the purpose of establishing the foundational capabilities under ORS 431.131, policy and planning include, but are not limited to, the knowledge, skills and abilities necessary to:
(a) Enable the Oregon Health Authority and local public health authorities to serve as a primary and expert resource for using science and evidence-based best practices to inform the development and implementation of public health policies;
(b) Provide guidance and coordinate planning for the purpose of developing, adopting and implementing public health policies;
(c) Develop public health policy options necessary to protect and improve the health of the public and specific adversely impacted populations;
(d) Understand and use the principles of public health law to improve and protect the health of the public;
(e) Analyze and disseminate findings on the intended and unintended impacts of public health policies; and
(f) Implement, monitor, evaluate and modify state health improvement plans or community health improvement plans.
(2) For purposes of this section, the Oregon Health Authority may adopt rules differentiating between the knowledge, skills and abilities that are necessary for state governance and that are necessary for local governance. [2015 c.736 §13]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.136 - Leadership and organizational competencies; rules.

(1) For the purpose of establishing the foundational capabilities under ORS 431.131, leadership and organizational competencies include, but are not limited to, the knowledge, skills and abilities necessary to:
(a) Define the strategic direction necessary to achieve public health goals and align and lead stakeholders in achieving those goals;
(b) Use the principles of public health law, including relevant agency rules and the constitutional guarantee of due process, in planning, implementing and enforcing public health initiatives;
(c) Promote and monitor organizational objectives while sustaining a culture of quality of service;
(d) Maintain a competent workforce necessary to ensure the effective and equitable provision of public health services;
(e) Provide continuing education and other training opportunities necessary to maintain a competent workforce;
(f) Develop partnerships with institutions of higher education necessary to maintain a competent workforce;
(g) To the extent practicable, ensure that local public health administrators, local health officers and individuals who work in the field of public health reflect the demographics of the community being served and the changing demographics of this state;
(h) Implement and maintain the technology needed to support public health operations while simultaneously protecting personally identifiable information and other confidential health information; and
(i) Use accounting and business best practices in budgeting, tracking finances, billing, auditing, securing grants and other sources of funding and distributing moneys to governmental and nongovernmental partners.
(2) For purposes of this section, the Oregon Health Authority may adopt rules differentiating between the knowledge, skills and abilities that are necessary for state governance and that are necessary for local governance. [2015 c.736 §14]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.137 - Health equity and cultural responsiveness; rules.

(1) For the purpose of establishing the foundational capabilities under ORS 431.131, health equity and cultural responsiveness include, but are not limited to, the knowledge, skills and abilities necessary to:
(a) Support public health policies that promote health equity;
(b) Implement processes within public health programs that create health equity;
(c) Recognize and address health inequities that are specific to certain populations, including populations specific to sex, race, ethnicity and socioeconomic status;
(d) Communicate with the public and stakeholders in a transparent and inclusive manner;
(e) When appropriate, provide the public and stakeholders with access to the data and findings described in ORS 431.132; and
(f) Engage diverse populations in community health planning.
(2) For purposes of this section, the Oregon Health Authority may adopt rules differentiating between the knowledge, skills and abilities that are necessary for state governance and that are necessary for local governance. [2015 c.736 §15]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.138 - Community partnership development; rules.

(1) For the purpose of establishing the foundational capabilities under ORS 431.131, community partnership development includes, but is not limited to, the knowledge, skills and abilities necessary to:
(a) Convene and sustain relationships with traditional and nontraditional governmental partners and stakeholders and traditional and nontraditional nongovernmental partners and stakeholders;
(b) Foster and support community involvement and partnerships in developing, adopting and implementing public health policies;
(c) Engage members of the community in implementing, monitoring, evaluating and modifying state health improvement plans or community health improvement plans; and
(d) Develop, strengthen and expand connections across disciplines, such as education and health care, and with members of the community who work in those disciplines.
(2) For purposes of this section, the Oregon Health Authority may adopt rules differentiating between the knowledge, skills and abilities that are necessary for state governance and that are necessary for local governance. [2015 c.736 §16]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.139 - Reporting on foundational capabilities.

(1) Each biennium, the Oregon Health Authority shall submit to the Legislative Fiscal Office a report on the application of the formula described in ORS 431.380, containing at a minimum:
(a) A statement of the amount of state moneys that the Oregon Health Authority received for the purpose of funding the foundational capabilities established under ORS 431.131 and the foundational programs established under ORS 431.141;
(b) A description of how state moneys that the Oregon Health Authority received for the purpose of funding the foundational capabilities established under ORS 431.131 and the foundational programs established under ORS 431.141 were distributed to local public health authorities; and
(c) The level of work funded for each foundational capability and each foundational program and the progress of local public health authorities in meeting accountability metrics.
(2) The Oregon Public Health Advisory Board shall, each biennium, make recommendations to the Oregon Health Authority on the priorities for the Oregon Health Authority and on the priorities of local public health authorities for each foundational capability established under ORS 431.131 and each foundational program established under ORS 431.141, based on state moneys that the Oregon Health Authority received for the purpose of funding the foundational capabilities established under ORS 431.131 and the foundational programs established under ORS 431.141. [2017 c.627 §4a]
Note:
431.139 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 431 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.141 - Foundational programs; rules.

(1) The Oregon Health Authority, in consideration of any advice provided by the Oregon Health Policy Board under ORS 431.125, shall establish by rule the foundational programs through which the authority and local public health authorities administer public health services in this state.
(2) At a minimum, the authority shall establish the following foundational programs:
(a) Communicable disease control programs, as described in ORS 431.142;
(b) Environmental public health programs, as described in ORS 431.143;
(c) Prevention of injury and disease and promotion of health programs, as described in ORS 431.144; and
(d) Clinical preventive services, as described in ORS 431.145. [2015 c.736 §17]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.142 - Communicable disease control programs.

Communicable disease control programs established under ORS 431.141 must identify, prevent and control infectious diseases that pose a threat to the health of the public and must include, but are not limited to:
(1) Recognizing, identifying and responding to communicable disease outbreaks;
(2) Maintaining a list of communicable diseases;
(3) Conducting, receiving and analyzing laboratory results and physician reports related to communicable diseases;
(4) Providing the support necessary for individuals to recognize communicable diseases and other illnesses of public health importance; and
(5) Conducting community-based programs for the purpose of preventing communicable diseases. [2015 c.736 §18]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.143 - Environmental public health programs.

Environmental public health programs established under ORS 431.141 must protect the public from illness, injury, disability and death caused by exposure to physical, chemical or biological factors in the environment and must include, but are not limited to:
(1) Testing and analysis for purposes related to environmental health;
(2) Preventing and investigating environmental health hazards, including radioactive materials, animal bites and vector-borne diseases;
(3) Inspecting and educating the operators of:
(a) Restaurants and other food service establishments;
(b) Recreation sites, lodges and swimming pools;
(c) Septic systems;
(d) Potable water systems;
(e) Radiological equipment; and
(f) Hospitals and other health care facilities; and
(4) Promoting land use planning and sustainable development activities that create positive health outcomes. [2015 c.736 §19]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.144 - Prevention of injury and disease and promotion of health programs.

(1) Prevention of injury and disease and promotion of health programs established under ORS 431.141 must include, but are not limited to:
(a) Prevention and control of tobacco use;
(b) Improving nutrition;
(c) Improving oral health;
(d) Improving prenatal, natal and postnatal care, maternal health and the health of children;
(e) Incentivizing increased physical activity; and
(f) Decreasing the occurrence and impacts of both unintentional and intentional injuries, such as motor vehicle accidents and suicide.
(2) Prevention of injury and disease and promotion of health programs must be based on evidence-based or emerging best practices designed to improve health outcomes for all populations. [2015 c.736 §20]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.145 - Clinical preventive services.

Clinical preventive services established under ORS 431.141 must provide for the assessment of public access to:
(1) Immunizations;
(2) Prenatal care;
(3) Screening for preventable cancers and other diseases;
(4) Screening for sexually transmitted infections;
(5) Evaluation of and treatment for tuberculosis and related latent tuberculosis infections;
(6) Cost-effective preventive care; and
(7) Laboratory services. [2015 c.736 §21]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.147 - Authority to establish other public health programs and activities; rules.

In addition to the foundational programs established under ORS 431.141, the Oregon Health Authority may establish by rule other public health programs, or by rule or order other public health activities, that address specific public health problems or needs. Programs and activities may be established under this section for the purpose of enhancing or expanding a foundational program or for the purpose of addressing a need not addressed by a foundational program. Additional programs and activities may be established under this section in consideration of any advice provided by the Oregon Public Health Advisory Board or upon the authority’s own initiative. [2015 c.736 §22]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.148 - Evidence-based best practices; rules.

The Oregon Health Authority may adopt by rule evidence-based best practices for the purpose of assisting local public health authorities in implementing the foundational programs established under ORS 431.141 and any other public health program or activity established under ORS 431.147. Rules adopted under this section are only for the purpose of assisting local public health authorities and are not mandatory guidelines for the implementation of the programs or activities. [2015 c.736 §23; 2017 c.627 §8]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.149 - Rulemaking authority over ORS 431.001 to 431.550 and 431.990.

The Oregon Health Authority may adopt rules to implement ORS 431.001 to 431.550 and 431.990. [2015 c.736 §24]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.150 - Enforcement of public health laws generally.

(1) The Oregon Health Authority shall enforce ORS 431.001 to 431.550 and 431.990 and any other public health law of this state. The Director of the Oregon Health Authority shall supervise local public health administrators in the execution of their duties under subsection (2) of this section.
(2) A local public health administrator shall administer and enforce ORS 431.001 to 431.550 and 431.990 and any other public health law of this state within the jurisdiction of the local public health authority supervised by the local public health administrator. If a local public health administrator has knowledge of a violation of ORS 431.001 to 431.550 and 431.990 or any other public health law of this state, or of a violation of any rule adopted under ORS 431.001 to 431.550 and 431.990 or adopted under any other public health law of this state, the local public health administrator shall report the violation to the Oregon Health Authority in a form and manner prescribed by the authority.
(3) The Oregon Health Authority or a local public health administrator may investigate cases of irregularity or violations of laws or rules necessary for the authority or local public health administrator to execute their duties under subsections (1) and (2) of this section. A local public health administrator shall aid the authority, upon request, in conducting investigations initiated by the authority.
(4) When a violation of a public health law or rule is reported to a district attorney or official acting in the capacity of a district attorney, the district attorney or official shall initiate and promptly commence the necessary proceedings against the party or parties responsible for the alleged violation.
(5) Upon request of the authority, the Attorney General shall assist the authority in the enforcement of laws and rules under this section. [Amended by 1959 c.314 §22; 1971 c.650 §12; 1973 c.833 §43; 1973 c.835 §165; 1974 c.36 §12; 1977 c.582 §11; 2009 c.595 §536; 2015 c.736 §33]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.155 - Authority of Oregon Health Authority to restrain violation of public health laws.

(1) Whenever it appears to the Oregon Health Authority that any person is engaged or about to engage in any acts or practices that constitute a violation of any statute relating to public health administered by the authority, or any rule or order issued thereunder, the authority may institute proceedings in the circuit courts to enforce obedience thereto by injunction, or by other processes, mandatory or otherwise, restraining such person, or its officers, agents, employees and representatives from further violation of such statute, rule or order, and enjoining upon them obedience thereto.
(2) The provisions of this section are in addition to and not in substitution of any other enforcement provisions contained in any statute administered by the authority. [1967 c.94 §2; 1971 c.650 §13; 1977 c.582 §12; 2001 c.900 §145; 2009 c.595 §537]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.157 - Authority of local public health administrator to restrain violation of public health laws.

A local public health administrator has the same powers granted to the Oregon Health Authority under ORS 431.155. [1983 c.370 §4; 2003 c.309 §5; 2009 c.595 §538; 2015 c.736 §34]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.160 - Commencement of prosecutions.

The district attorney, county attorney or Attorney General may institute prosecutions for violation of any public health statute by information, by indictment or by complaint verified before any magistrate. [Amended by 1959 c.314 §23; 1973 c.833 §44; 1977 c.582 §13; 1995 c.658 §104]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.170 - State enforcement of public health laws and rules when local public health administrator is delinquent.

(1) The Director of the Oregon Health Authority shall take direct charge of the functions that are necessary to preserve the public health in a local public health authority whenever a local public health administrator fails to administer or enforce ORS 431.001 to 431.550 and 431.990 and any other public health law or rule of this state as described in ORS 431.150.
(2) The director may request assistance as necessary to fulfill the director’s duties under subsection (1) of this section, the expense of which shall be borne by the local public health authority over which the director took charge, to be paid out of the treasury of the local public health authority with moneys made available to the local public health authority under ORS 431.380, upon the receipt of vouchers properly certified by the director, except that payment is not required if the local public health authority requests a transfer under ORS 431.382. [Amended by 1959 c.314 §24; 1973 c.833 §45; 1977 c.582 §14; 2001 c.900 §146; 2009 c.595 §539; 2015 c.736 §35]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.175 - Warrant procedure.

If necessary, the Director of the Oregon Health Authority or a designee thereof, the State Fire Marshal or a designee thereof or an officer of a law enforcement agency may appear before any magistrate empowered to issue warrants in criminal cases, and require such magistrate to issue a warrant, directing it to any sheriff or deputy or any constable or police officer, to enter the described property or to remove any person or obstacle, or to defend any threatened violence to the director or a designee thereof, the State Fire Marshal or a designee thereof or an officer, upon entering private property, or to assist the director in any way. [Formerly 433.025; 1991 c.67 §112; 2009 c.595 §540]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.180 - Interference with individual’s selection of health care provider, treatment or religious practice prohibited.

(1) Nothing in ORS 431.001 to 431.550 and 431.990 or any other public health law of this state shall be construed as authorizing the Oregon Health Authority or its representatives, or any local public health authority or its representatives, to interfere in any manner with an individual’s right to select the physician, physician assistant, naturopathic physician or nurse practitioner of the individual’s choice or the individual’s choice of mode of treatment, nor as interfering with the practice of a person whose religion treats or administers sick or suffering people by purely spiritual means.
(2) This section does not apply to the laws of this state imposing sanitary requirements or rules adopted under the laws of this state imposing sanitary requirements. [Amended by 1977 c.582 §15; 2007 c.70 §238; 2009 c.595 §541; 2014 c.45 §49; 2015 c.736 §36; 2017 c.356 §59]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.195

[1983 c.653 §1; 2001 c.900 §147; 2003 c.784 §10; 2005 c.771 §3; 2009 c.595 §543; 2011 c.720 §183; 2015 c.736 §5; renumbered 431.122 in 2015]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.210 - Public Health Account.

(1) There is established in the General Fund the Public Health Account, classified separately as to federal and other moneys.
(2) All fees, penalties, federal apportionments or contributions and other moneys received by the Oregon Health Authority relating to public health shall be turned over to the State Treasurer not later than the 10th day of the calendar month next succeeding their receipt by the authority and shall be credited to the Public Health Account.
(3) All moneys credited to the Public Health Account are continuously appropriated to the authority for the payment of expenses of the authority. [Amended by 1971 c.650 §14; 1973 c.427 §5; 1977 c.582 §16; 2001 c.900 §148; 2005 c.755 §36; 2009 c.595 §544; 2011 c.597 §194]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.220 - Record of moneys in Public Health Account.

The Oregon Health Authority shall keep a record of all moneys deposited in the Public Health Account. This record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged. [Amended by 1973 c.427 §6; 1977 c.582 §17; 2007 c.71 §120; 2009 c.595 §545]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.230 - Emergency or revolving fund.

(1) The Oregon Health Authority may request the Oregon Department of Administrative Services to, and when so requested, the Oregon Department of Administrative Services shall, draw a payment on the Public Health Account in favor of the Director of the Oregon Health Authority in a sum not exceeding $25,000, which sum shall be used by the director as an emergency or revolving fund.
(2) The emergency or revolving fund shall be deposited with the State Treasurer, and shall be at the disposal of the director. It may be used to pay advances for salaries, travel expenses or any other proper claim against, or expense of, the authority or the health-related licensing boards for whom the authority provides accounting services.
(3) Claims for reimbursement of advances paid from the emergency or revolving fund shall be submitted to the authority for approval. When such claims are so approved, payments covering them shall be drawn in favor of the director and charged against the appropriate fund or account, and shall be used to reimburse the emergency or revolving fund.
(4) The authority may establish petty cash funds within the emergency or revolving fund by drawing checks upon the emergency or revolving fund payable to the custodians of the petty cash funds. [Amended by 1973 c.427 §7; 1975 c.614 §16; 1999 c.829 §6; 2003 c.14 §241; 2009 c.595 §546]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.250 - Federal grants to be handled by Oregon Health Authority; disbursement; planning.

(1) The Oregon Health Authority hereby is designated as the state agency to apply to and receive from the federal government or any agency thereof such grants for promoting public health and the prevention of disease, including grants for cancer control and industrial hygiene programs, as may be available to this state or any of its political subdivisions or agencies.
(2) For the purposes of subsection (1) of this section, the authority shall:
(a) Disburse or supervise the disbursement of all funds made available at any time by the federal government or this state for those purposes.
(b) Adopt, carry out and administer plans for those purposes. Plans so adopted shall be made statewide in application insofar as reasonably feasible, possible or permissible, and shall be so devised as to meet the approval of the federal government or any of its agencies, not inconsistent with the laws of the state. [Amended by 1961 c.706 §20a; 1967 c.343 §1; 1971 c.650 §15; 1973 c.829 §20; 1977 c.751 §34; subsections (3), (4) renumbered 442.110; 2001 c.900 §149; 2009 c.595 §547]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.310

[Amended by 1977 c.582 §18; 1981 c.630 §1; 1983 c.351 §1; 1993 c.374 §1; 2001 c.760 §1; 2009 c.595 §553; 2009 c.828 §63; 2011 c.100 §1; renumbered 431A.750 in 2015]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.330 - Members; officers.

(1) The Conference of Local Health Officials is created. The conference shall consist of each local public health administrator and local health officer in this state and other local health personnel as provided by the rules of the conference.
(2) The conference shall select one of its members as chairperson, another as vice chairperson and another as secretary, each having the powers and duties necessary to perform the duties of their respective offices as determined by the commission. The chairperson, after consultation with the Director of the Oregon Health Authority, shall appoint from among the conference members an executive committee. The chairperson and the executive committee shall advise the director in the administration of ORS 431.330 to 431.350. [1967 c.146 §2 (enacted in lieu of 431.320); 1977 c.582 §20; 1979 c.96 §1; 2009 c.595 §554; 2015 c.736 §37]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431 - State and Local Administration and Enforcement of Public Health Laws › Section 431.335 - Meetings; notice; expenses of members and officers.

(1) The Conference of Local Health Officials shall meet at least annually at a place, day and hour determined by the executive committee and the Director of the Oregon Health Authority. The conference may meet specially at any other time that the executive committee or the director considers necessary.
(2) The director shall give at least 10 days’ notice of each meeting date to the conference members. The chairperson or an authorized representative of the chairperson shall preside at all meetings of the conference.
(3) Each conference member shall receive from the local public health authority the conference member represents, subject to funds available under ORS 431.510, the actual and necessary travel and other expenses incurred by the conference member for no more than two meetings of the conference per year. Additionally, subject to applicable law regulating travel and other expenses for state officers, a local public health administrator or local health official who is a member of the executive committee of the conference or who is the chairperson of the conference shall receive from the Oregon Health Authority the actual and necessary travel and other expenses for no more than six meetings of the executive committee per year that are called by the authority. [1967 c.146 §3 (enacted in lieu of 431.320); 1977 c.582 §21; 2009 c.595 §555; 2015 c.736 §38]