reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.070 - Area trauma advisory boards; duties; members.

(1)(a) Area trauma advisory boards shall meet as often as necessary to:
(A) Identify specific trauma area needs and problems; and
(B) Propose to the Oregon Health Authority area trauma system plans and changes that meet state standards and objectives.
(b) The authority, acting with the advice of the State Trauma Advisory Board established under ORS 431A.055, has the authority to implement plans and changes proposed under paragraph (a) of this subsection.
(2) In concurrence with the Governor, the authority shall select members for each trauma area from lists submitted by local associations of emergency medical services providers, emergency nurses, emergency physicians, surgeons, hospital administrators, emergency medical services agencies and citizens at large. The members of an area trauma advisory board must be broadly representative of the trauma area as a whole. An area trauma advisory board must consist of at least 16 members and must include:
(a) Two surgeons;
(b) Two physicians serving as emergency physicians;
(c) Two hospital administrators from different hospitals;
(d) Two nurses serving as emergency nurses;
(e) Two emergency medical services providers serving different emergency medical services;
(f) One emergency medical services medical director;
(g) Two representatives of the public at large selected from among those submitting letters of application in response to public notice by the authority;
(h) One representative of any bordering state that is included within the patient referral area;
(i) One ambulance service owner or operator or both; and
(j) One representative from a public safety answering point.
(3) Members of an area trauma advisory board described in subsection (2)(g) of this section may not have an economic interest in health care services provided in the trauma area for which the area trauma advisory board makes proposals under subsection (1)(a)(B) of this section. [Formerly 431.613; 2017 c.101 §29; 2019 c.456 §26]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.075 - Liability of provider.

(1) A provider may not be held liable for acting in accordance with approved trauma system plans.
(2) A person who in good faith provides data or other information to the Oregon Trauma Registry in accordance with ORS 431A.085 to 431A.105 is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to provision of the data. [Formerly 431.617]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.085 - Emergency Medical Services and Trauma Systems Program created in Oregon Health Authority; Oregon Trauma Registry; rules.

(1) The Emergency Medical Services and Trauma Systems Program is created within the Oregon Health Authority for the following purposes:
(a) Administering and regulating ambulances;
(b) Training and licensing emergency medical services providers;
(c) Establishing and maintaining emergency medical systems, including trauma systems; and
(d) Maintaining the Oregon Trauma Registry for purposes related to trauma reimbursement, system quality assurance and cost efficiency.
(2) The duties vested in the authority under ORS 431A.050 to 431A.080 and ORS chapter 682 shall be performed by the program.
(3) The program shall be administered by a director.
(4) The director of the program shall apply moneys transferred to the program under ORS 442.870 to:
(a) Developing state and regional standards of care;
(b) Developing a statewide educational curriculum to teach standards of care;
(c) Implementing quality improvement programs;
(d) Creating a statewide data system for prehospital care; and
(e) Providing ancillary services to enhance this state’s emergency medical service system.
(5) The director of the program shall adopt rules for the Oregon Trauma Registry. Rules adopted under this subsection must establish:
(a) The information that must be reported by trauma centers to the program for inclusion in the Oregon Trauma Registry;
(b) The form and frequency of reporting information under paragraph (a) of this subsection; and
(c) Procedures and standards for the administration of the Oregon Trauma Registry.
(6) The director of the program may adopt rules establishing, from information maintained in the Oregon Trauma Registry, a registry of information related to brain injury trauma. [Formerly 431.623]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.090 - Designation of other trauma centers.

(1) In addition to and not in lieu of ORS 431A.050 to 431A.075, the Oregon Health Authority shall designate trauma centers in areas that are within the jurisdiction of trauma advisory boards other than in the area within the jurisdiction of area trauma advisory board 1.
(2) The authority shall enter into contracts with designated trauma centers and monitor and assure quality of care and appropriate costs for trauma patients meeting trauma system entry criteria.
(3) All findings and conclusions, interviews, reports, studies, communications and statements procured by or furnished to the authority, the State Trauma Advisory Board or an area trauma advisory board in connection with obtaining the data necessary to perform patient care quality assurance functions shall be confidential pursuant to ORS 192.338, 192.345 and 192.355.
(4)(a) All data received or compiled by the State Trauma Advisory Board or any area trauma advisory board in conjunction with authority monitoring and assuring quality of trauma patient care shall be confidential and privileged, nondiscoverable and inadmissible in any proceeding. No person serving on or communicating information to the State Trauma Advisory Board or an area trauma advisory board shall be examined as to any such communications or to the findings or recommendations of such board. A person serving on or communicating information to the State Trauma Advisory Board or an area trauma advisory board shall not be subject to an action for civil damages for actions taken or statements made in good faith. Nothing in this section affects the admissibility in evidence of a party’s medical records not otherwise confidential or privileged dealing with the party’s medical care. The confidentiality provisions of ORS 41.675 and 41.685 shall also apply to the monitoring and quality assurance activities of the State Trauma Advisory Board, area trauma advisory boards and the authority.
(b) As used in this section, "data" includes but is not limited to written reports, notes, records and recommendations.
(5) Final reports by the authority, the State Trauma Advisory Board and area trauma advisory boards shall be available to the public.
(6) The authority shall publish a biennial report of the Emergency Medical Services and Trauma Systems Program and trauma systems activities. [Formerly 431.627]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.095 - Reporting of certain patients; reimbursement for certain services.

(1) Designated trauma centers and providers, physical rehabilitation centers, alcohol and drug rehabilitation centers and ambulances shall develop a monthly log of all unsponsored, inadequately insured trauma system patients determined by the hospital to have an injury severity score greater than or equal to 13, and submit monthly to the Emergency Medical Services and Trauma Systems Program the true costs and unpaid balance for the care of these patients.
(2) No reimbursement for these patients shall occur until:
(a) All information required by the Emergency Medical Services and Trauma Systems Program rules is submitted to the Oregon Trauma Registry; and
(b) The Emergency Medical Services and Trauma Systems Program confirms that the injury severity score, as defined by the Oregon Health Authority by rule, is greater than or equal to 13.
(3) The Emergency Medical Services and Trauma Systems Program shall cause providers to be reimbursed in the following decreasing order of priority:
(a) Designated trauma centers and providers;
(b) Physical rehabilitation centers;
(c) Alcohol and drug rehabilitation centers; and
(d) Ambulances.
(4) Subject to the availability of funds, the Emergency Medical Services and Trauma Systems Program shall cause the designated trauma centers and providers to be paid first in full. Subsequent providers shall be paid from the balance remaining according to priority.
(5) Any matching funds, available pursuant to the Trauma Care Systems Planning and Development Act of 1990 (P.L. 101-590), that are available for purposes of the Emergency Medical Services and Trauma Systems Program may be used for related studies and projects and reimbursement for uncompensated care. [Formerly 431.633]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.100 - Release of information from Oregon Trauma Registry.

(1) As used in this section, "individually identifiable information" means:
(a) Individually identifiable health information as that term is defined in ORS 179.505; and
(b) Information that could be used to identify a health care provider, nontransporting prehospital care provider, ambulance service medical transportation agency or health care facility.
(2) Notwithstanding ORS 431A.090, individually identifiable information may be released from the Oregon Trauma Registry:
(a) For use in executive session to conduct specific case reviews by:
(A) The State Trauma Advisory Board or any area trauma advisory board;
(B) The State Emergency Medical Service Committee; or
(C) The Emergency Medical Services for Children Advisory Committee.
(b) To the Oregon Health Authority for purposes related to the administration of public health programs, including:
(A) The establishment of a registry of information related to brain injury trauma as described in ORS 431A.085 (6); and
(B) The performance of epidemiological investigations of the causes of and risk factors associated with trauma injuries.
(c) To an emergency medical services provider or a designated trauma center for purposes related to quality of service assurance and improvement, if the information is related to the treatment of an individual by the provider or center.
(d) To the Department of Human Services for purposes related to enabling the department to plan for and provide services to individuals adversely affected by trauma injuries, if the department agrees to use the information only for the purposes described in this paragraph and to maintain the confidentiality of the information.
(e) To a person conducting research if:
(A) An institutional review board has approved the research in accordance with 45 C.F.R. part 46; and
(B) The person agrees to maintain the confidentiality of the information.
(f) To the designated official of an ambulance service or to a nontransporting prehospital care provider pursuant to ORS 682.056.
(3) The Oregon Health Authority may release only the minimum amount of individually identifiable information necessary to carry out the purposes for which the information is released under this section. [Formerly 431.635; 2017 c.229 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.150 - Smoking cessation program reimbursement; rules.

(1) The Oregon Health Authority shall develop a program to reimburse smoking cessation program providers for services provided to residents of this state who are not insured for smoking cessation costs.
(2) The authority shall adopt rules for the program established under subsection (1) of this section that include but are not limited to criteria for provider and participant eligibility and other program specifications. The rules shall establish a maximum reimbursement limit for each participant.
(3) Costs for smoking cessation programs funded under subsection (1) of this section are eligible for reimbursement from funds received by the State of Oregon from tobacco products manufacturers under the Master Settlement Agreement of 1998. [Formerly 431.831]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.153 - Tobacco Use Reduction Account.

(1) There is established in the General Fund the Tobacco Use Reduction Account.
(2) Amounts credited to the Tobacco Use Reduction Account are continuously appropriated to the Oregon Health Authority for the funding of prevention and education programs designed to reduce cigarette and tobacco use. [Formerly 431.832]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.155 - Oregon Health Authority to adopt rules for awarding grants.

The Oregon Health Authority shall develop and adopt rules for awarding grants to programs for educating the public on the risk of tobacco use, including but not limited to:
(1) Educating children on the health hazards and consequences of tobacco use; and
(2) Promoting enrollment in smoking cessation programs and programs that prevent smoking-related diseases including cancer and other diseases of the heart, lungs and mouth. [Formerly 431.834]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.158 - Oregon Health Authority to prepare report.

During each biennium, the Oregon Health Authority shall prepare a report regarding the awarding of grants from the Tobacco Use Reduction Account and the formation of public-private partnerships in connection with the receipt of funds from the account. The authority shall present the report to the Governor and to those committees of the Legislative Assembly to which matters of public health are assigned. [Formerly 431.836]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.178 - Civil penalty for violation of ORS 431A.175, other law, rule or regulation governing tobacco products or inhalant delivery systems.

(1) The Oregon Health Authority may impose a civil penalty against a person that engages in the wholesale or retail sale of tobacco products or inhalant delivery systems, as those terms are defined in ORS 431A.175, if the person violates:
(a) ORS 431A.175 or a rule adopted under ORS 431A.175; or
(b) A state law or rule or federal law or regulation that governs the wholesale or retail sale of tobacco products or inhalant delivery systems for purposes related to public health and safety.
(2) A civil penalty imposed under this section may not be more than $5,000 per violation.
(3) Amounts collected under this section shall be deposited in the General Fund.
(4) If a civil penalty is imposed under this section, a civil penalty may not be imposed for the commission of the same act under ORS 431A.216 or 431A.218. [Formerly 431.845; 2021 c.586 §15]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.190 - Definitions for ORS 431A.190 to 431A.216.

As used in ORS 431A.190 to 431A.216:
(1) "Governing body of a local public health authority" has the meaning given that term in ORS 431.003.
(2) "Inhalant delivery system" has the meaning given that term in ORS 431A.175.
(3) "Local public health authority" has the meaning given that term in ORS 431.003.
(4) "Premises" means the real property on which a business that makes retail sales of tobacco products or inhalant delivery systems is located.
(5) "Tobacco products" has the meaning given that term in ORS 431A.175. [2021 c.586 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.192 - Purpose.

The purpose of ORS 431A.190 to 431A.216 is to improve enforcement of local ordinances and rules, state laws and rules and federal laws and regulations that govern the retail sale of tobacco products and inhalant delivery systems. [2021 c.586 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.194 - Licensure requirement.

A person may not make a retail sale of a tobacco product or an inhalant delivery system at or from a premises located in this state unless the person sells the tobacco product or inhalant delivery system at or from a premises licensed or otherwise authorized under ORS 431A.198 or 431A.220. [2021 c.586 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.196 - Exempted premises.

Notwithstanding ORS 431A.194, ORS 431A.190 to 431A.216 do not apply to a person making a retail sale of an inhalant delivery system at a medical marijuana dispensary registered under ORS 475C.833 or at a premises for which a license has been issued under ORS 475C.097, unless the person makes a retail sale of an inhalant delivery system that contains nicotine. [2021 c.586 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.198 - Licensure; fees; rules; exemption.

(1) Except as provided in subsection (8) of this section, the Department of Revenue shall issue licenses to, and annually renew licenses for, a person that makes retail sales of tobacco products or inhalant delivery systems at qualified premises.
(2) To be qualified for licensure under this section, a premises:
(a) Must be a premises that is fixed and permanent;
(b) May not be located in an area that is zoned exclusively for residential use; and
(c) Must meet any qualification for engaging in the retail sale of tobacco products and inhalant delivery systems enacted as an ordinance by the governing body of a local public health authority under ORS 431A.218, provided that the department has knowledge of the qualification pursuant to an agreement entered into under ORS 431A.212.
(3) For the purpose of licensing premises under this section, the department shall adopt rules establishing:
(a) Procedures for applying for and renewing licenses; and
(b) Licensure application, issuance and renewal fees.
(4) An application submitted under this section and information related to applying for or renewing a license under this section is confidential and not subject to public disclosure under ORS 192.311 to 192.478. However, the department may share an application submitted under this section and information related to applying for or renewing a license under this section with the Department of Justice, the Oregon Health Authority or a local public health authority.
(5) The Department of Revenue shall publish a list that includes the name of each person to which a license has been issued under this section, the address of each premises for which a license has been issued under this section and any other information that the department determines is relevant to the public with respect to the retail sale of tobacco products and inhalant delivery systems.
(6) Fees established under subsection (3)(b) of this section must be reasonably calculated to cover but not exceed the costs incurred by the department in administering ORS 431A.190 to 431A.216.
(7) All moneys collected under this section shall be deposited in the suspense account described in ORS 431A.206.
(8) The department may not require a person that makes retail sales of tobacco products or inhalant delivery systems to obtain a license under this section if the person holds a license or other authorization issued by a city or local public health authority pursuant to ORS 431A.220. [2021 c.586 §5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.200 - Proof of licensure.

A person to which a license or other authorization has been issued under ORS 431A.198 or 431A.220 must post proof of licensure or other authorization in a clear and conspicuous place at the premises for which the license or other authorization has been issued. [2021 c.586 §6]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.202 - Revocation, suspension, refusal to issue or renew; rules.

(1) The Department of Revenue may revoke, suspend or refuse to issue or renew a license issued under ORS 431A.198 if the person that holds or seeks the license, an individual who participates in the management of the premises for which the license has been or would be issued or an individual who is employed for the purpose of making retail sales at the premises:
(a) Violates ORS 431A.190 to 431A.216, a rule adopted under ORS 431A.190 to 431A.216 or any other state law or rule or federal law or regulation that governs the retail sale of tobacco products or inhalant delivery systems or state taxation;
(b) Violates an ordinance enacted by the governing body of a local public health authority or a rule adopted by a local public health authority that governs the retail sale of tobacco products or inhalant delivery systems; or
(c) Makes a false statement to the department.
(2) The department may only revoke, suspend or refuse to issue or renew a license pursuant to subsection (1)(b) of this section if a local public health authority:
(a) Has provided the person that holds or seeks the license, the individual who participates in the management of the premises for which the license has been or would be issued or the individual who is employed for the purpose of making retail sales at the premises with a process for contesting the violation that is substantially similar to the process provided under ORS 183.413 to 183.470; and
(b) Provides the department with a final order establishing that the person or individual is in violation of an ordinance that is substantially similar to the requirements for a final order under ORS 183.470.
(3) Except as provided by state tax law or as otherwise identified by the department by rule or order, a decision by the department to revoke, suspend or refuse to issue or renew a license under this section may be appealed as a contested case under ORS chapter 183.
(4) The department shall adopt rules to provide that, subject to subsection (2) of this section, a license issued under ORS 431A.198 must be suspended for an amount of time established by the department by rule if a person described in subsection (1) of this section is found to have committed an act described in subsection (1)(a) to (c) of this section three or more times. [2021 c.586 §7]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.204 - Seizure and forfeiture of contraband products; appeal.

(1) For purposes of this section, a tobacco product or inhalant delivery system sold or held for sale at or from a premises for which a license has not been issued under ORS 431A.198 is a contraband tobacco product or contraband inhalant delivery system.
(2) A contraband tobacco product or contraband inhalant delivery system found by the Department of Revenue or a law enforcement agency may be seized immediately by the department or agency and is subject to forfeiture. If seized and forfeited under this section, the contraband tobacco product or the contraband inhalant delivery system must be destroyed.
(3) Notwithstanding ORS 305.280 or 323.416, a seizure and forfeiture made under this section may be appealed to the magistrate division of the Oregon Tax Court within 30 days of the date of the seizure in the manner provided in ORS 305.404 to 305.560. [2021 c.586 §9]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.206 - Suspense account for administration and enforcement.

(1) Amounts collected by the Department of Revenue under ORS 431A.198 shall be paid to the State Treasurer to be held in a suspense account established under ORS 293.445.
(2) From moneys held in the suspense account, the department may pay expenses for the administration and enforcement of ORS 431A.190 to 431A.216 and the collection of fees under ORS 431A.190 to 431A.216. Refunds, including refunds of erroneous overpayments or refunds of other moneys received in which the department has no legal interest, shall be paid out of the suspense account.
(3) Amounts necessary to make payments as described in subsection (2) of this section are continuously appropriated to the department from the suspense account. [2021 c.586 §10]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.210 - Fees.

The Oregon Health Authority shall adopt by rule fees necessary to pay the expenses of administering and enforcing ORS 431A.175, 431A.183 and 431A.218. Pursuant to an agreement entered into under ORS 431A.212, the Department of Revenue shall collect the fee moneys for, and transfer the fee moneys to, the authority. Moneys transferred to the authority under this section must be deposited in the Oregon Health Authority Fund established under ORS 413.101. Moneys deposited in the fund under this section are continuously appropriated to the authority for the purposes of administering and enforcing ORS 431A.175, 431A.183 and 431A.218. [2021 c.586 §12]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.212 - Intergovernmental agreements.

(1) The Department of Revenue and the Oregon Health Authority shall:
(a) Share information necessary for the effective administration of ORS 431A.175, 431A.183, 431A.190 to 431A.216 and 431A.218; and
(b) Enter into an agreement for purposes of collecting fee moneys for the authority pursuant to ORS 431A.210 from each retailer of tobacco products or inhalant delivery systems at the same time that the department collects fee moneys from the retailer under ORS 431A.198, and transferring the fee moneys collected pursuant to ORS 431A.210 to the authority for deposit in the Oregon Health Authority Fund established under ORS 413.101.
(2) The department and each local public health authority that does not require licensure or other authorization pursuant to ORS 431A.220 shall:
(a) Share information necessary for the effective administration of ORS 431A.190 to 431A.216 and 431A.218; and
(b) Enter into an agreement for purposes of collecting any fee moneys for the local public health authority pursuant to ORS 431A.218 from each retailer of tobacco products or inhalant delivery systems located within the area over which the local public health authority has jurisdiction at the same time that the department collects fee moneys from the retailer under ORS 431A.198, and transferring the fee moneys collected pursuant to ORS 431A.218 to the local public health authority for deposit in a fund of the local public health authority.
(3) The department and each city or local public health authority that requires licensure or other authorization pursuant to ORS 431A.220 shall:
(a) Share information necessary for the effective administration of the licensure or other authorization pursuant to ORS 323.005 to 323.482, 323.500 to 323.645, 323.700 to 323.730 and 431A.220 and any rules adopted under ORS 323.005 to 323.482, 323.500 to 323.645 or 323.700 to 323.730; and
(b) Enter into an agreement under which the city or local public health authority agrees to enforce standards described in ORS 431A.218 (2)(a) against persons licensed or otherwise authorized by the city or local public health authority under ORS 431A.220, including through revocation of the license or other authorization of a person that violates the standards or ORS 323.005 to 323.482, 323.500 to 323.645 and 323.700 to 323.730 and any rules adopted under ORS 323.005 to 323.482, 323.500 to 323.645 or 323.700 to 323.730.
(4) The Oregon Health Authority and each local public health authority shall share information necessary for the effective administration of ORS 431A.175, 431A.183, 431A.190 to 431A.216 and 431A.218.
(5) Notwithstanding the confidentiality provisions of ORS 323.403 and 323.595, the department may disclose information received under ORS 323.005 to 323.482 and 323.500 to 323.645 to a city or local public health authority to the extent the department deems necessary. [2021 c.586 §13]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.214 - Suspense account for fee money transfers.

(1) Amounts collected by the Department of Revenue pursuant to agreements entered into under ORS 431A.212 shall be paid to the State Treasurer to be held in a suspense account established under ORS 293.445.
(2) From moneys held in the suspense account, the department shall make transfers to the Oregon Health Authority and local public health authorities as required by ORS 431A.212.
(3) Amounts necessary to make transfers as described in subsection (2) of this section are continuously appropriated to the department from the suspense account. [2021 c.586 §14]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.216 - Civil penalty for violation of ORS 431A.190 to 431A.216, other law, rule or regulation governing tobacco products or inhalant delivery systems.

(1) The Department of Revenue may impose a civil penalty against a person that holds or seeks a license issued under ORS 431A.198 if the person that holds or seeks the license, an individual who participates in the management of the premises for which the license has been or would be issued or an individual who is employed for the purpose of making retail sales at the premises:
(a) Violates ORS 431A.190 to 431A.216, a rule adopted under ORS 431A.190 to 431A.216 or any other state law or rule or federal law or regulation that governs the retail sale of tobacco products or inhalant delivery systems or state taxation; or
(b) Makes a false statement to the department.
(2) A civil penalty imposed under this section may not exceed $1,000 per violation.
(3) Amounts collected by the department under this section shall be deposited in the General Fund.
(4) Except as provided by state tax law or as otherwise identified by the department by rule or order, an imposition of a civil penalty under this section may be appealed as a contested case under ORS chapter 183.
(5) If a civil penalty is imposed under this section, a civil penalty may not be imposed for the commission of the same act under ORS 431A.178 or pursuant to an ordinance or rule adopted under ORS 431A.218. [2021 c.586 §8]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.220 - Continuity.

A city or local public health authority that, on or before January 1, 2021, and pursuant to an ordinance adopted by the governing body of the city or local public health authority, enforced standards described in ORS 431A.218 (2)(a) and required that a person that makes retail sales of tobacco products or inhalant delivery systems in an area subject to the jurisdiction of the city or local public health authority hold a license or other authorization issued by the city or local public health authority may continue to enforce the standards and require the license or other authorization on and after January 1, 2022. [2021 c.586 §18]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.255 - List of high priority chemicals of concern in children’s products; practical quantification limits.

(1)(a) The Oregon Health Authority shall establish and maintain a list of high priority chemicals of concern for children’s health when used in children’s products. The authority shall include on the list chemicals that are listed on the Washington State Department of Ecology’s Reporting List of Chemicals of High Concern to Children on July 27, 2015.
(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, or a subclass of chemicals, that do not share the same hazards as the other members of the class of chemicals.
(2) In establishing 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 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 high priority class of chemicals on the list, the authority shall post:
(a) Information regarding the known health impacts associated with exposure to the chemical or class of chemicals; and
(b) Data collected under ORS 431A.258 in a format that is searchable and accessible to the public.
(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, after July 27, 2015, the chemical or class of chemicals is added to or removed from the Washington State Department of Ecology’s Reporting List of Chemicals of High Concern to Children or 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 children’s 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. [2015 c.786 §3; 2023 c.426 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.260 - Requirement to remove or substitute high priority chemicals of concern; waivers; exemptions.

(1) On or before the date on which a manufacturer of a children’s product submits the third biennial notice required under ORS 431A.258 for a chemical that is present in a children’s product, the manufacturer must remove or make a substitution for the chemical pursuant to ORS 431A.263, or seek a waiver under ORS 431A.265, if the chemical is present in a children’s product that is:
(a) Mouthable;
(b) A children’s cosmetic; or
(c) Made for, marketed for use by or marketed to children under three years of age.
(2) A manufacturer with 25 or fewer employees may apply for a two-year extension of the date specified in subsection (1) of this section to meet the requirements of this section.
(3) Manufacturers are exempt from meeting the requirements of this section for children’s products described in subsection (1) of this section that contain high priority chemicals of concern for children’s health used in children’s products at levels that are at or below allowable levels for children’s products as established by the Consumer Product Safety Improvement Act of 2008, P.L. 110-314, 122 Stat. 3016, as in effect on July 27, 2015.
(4)(a) The Oregon Health Authority shall adopt rules providing for additional exemptions from the requirements of this section.
(b) For purposes of this subsection, any consumer product safety standard adopted under federal law that establishes allowable levels for children’s products of a high priority chemical of concern for children’s health used in children’s products is presumed to establish the maximum allowable level of the chemical that may be used in children’s products that are sold or offered for sale in this state. The authority may not require a manufacturer in compliance with the federal standard to also comply with the provisions of this section unless the authority establishes in the rulemaking process that a lower maximum allowable level for children’s products of a high priority chemical of concern for children’s health used in children’s products than the allowable level set by the federal standard is necessary to protect human health and welfare. [2015 c.786 §5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.263 - Process for substituting chemicals; rules.

(1)(a) When a manufacturer of children’s products sold or offered for sale in this state removes a high priority chemical of concern for children’s health used in children’s products from a children’s product sold or offered for sale in this state that is subject to ORS 431A.258 and substitutes another chemical, the manufacturer must submit a hazard assessment to the Oregon Health Authority that explains how the children’s product, and any substitute chemical the children’s product contains, is inherently less hazardous than before the substitution was made.
(b) When a manufacturer of children’s products sold or offered for sale in this state removes a high priority chemical of concern for children’s health used in children’s products from a children’s product as described in paragraph (a) of this subsection and does not substitute another chemical, the manufacturer must submit notice to the authority that the manufacturer is no longer using the chemical or a substitute chemical.
(2) The authority shall establish by rule the methodology that a manufacturer must use and the standards that a children’s product must meet in order to comply with the hazard assessment requirements described in subsection (1)(a) of this section.
(3)(a) The authority shall approve or disapprove a hazard assessment within 180 days after its submittal.
(b) If the authority fails to act within 180 days, the hazard assessment is deemed approved, and the manufacturer may continue to sell or offer for sale in this state the children’s product for which the manufacturer submitted a hazard assessment for a period of three years after the date of submittal of the hazard assessment.
(c) If the authority disapproves a hazard assessment, the manufacturer may submit a revised hazard assessment for consideration within 180 days after the authority’s disapproval.
(d) A hazard assessment approved or deemed approved under this subsection is valid for a period of three years after the date of submittal of the hazard assessment. A manufacturer must resubmit the hazard assessment at the end of the three-year period. [2015 c.786 §6; 2023 c.426 §5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.265 - Process for waiving requirement to remove or substitute chemicals.

(1) The Oregon Health Authority shall grant a waiver to a manufacturer of children’s products that applies for a waiver in order to comply with ORS 431A.260 if the application:
(a) Includes an alternatives assessment demonstrating that removal of the high priority chemical of concern for children’s health used in children’s products is not financially or technically feasible; or
(b) Includes a quantitative exposure assessment demonstrating that the high priority chemical of concern for children’s health used in children’s products is inaccessible to the consumer or otherwise not reasonably anticipated to result in exposure based upon an analysis of leachability and bioavailability of the high priority chemical of concern for children’s health used in children’s products.
(2) An alternatives assessment or quantitative exposure assessment submitted under subsection (1) of this section must be conducted in a manner consistent with the guidance and frameworks for such assessments in effect on July 27, 2015, and as established by the United States Environmental Protection Agency, the Interstate Chemicals Clearinghouse, the State of California as part of that state’s program for reducing toxic chemicals in consumer products, or other states or nongovernmental organizations with the applicable expertise, or as developed by the authority by rule. The authority may recommend or require that a manufacturer follow particular guidance or frameworks in order to meet the requirements of this section.
(3) If the authority determines that an alternatives assessment or a quantitative exposure assessment as described in this section is incomplete, the authority may obtain the assessment from another party. The manufacturer that submitted the assessment that was determined to be incomplete must pay for the assessment performed by the other party.
(4) The authority shall approve or disapprove a waiver application within 180 days after its submittal. If the authority fails to act within 180 days, the waiver application is deemed approved, and the manufacturer may continue to sell or offer for sale in this state the children’s product for which the manufacturer submitted a waiver application. If the authority disapproves a waiver application, the manufacturer may submit a revised waiver application for consideration within 180 days after the authority’s disapproval. [2015 c.786 §7; 2023 c.426 §6]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.268 - Exemption from requirement to remove or substitute chemicals.

Manufacturers of children’s products with annual worldwide gross sales of less than $5 million, as reported on the most recent tax return filed by the manufacturer before the notice required under ORS 431A.258, are exempt from the requirements of ORS 431A.258, 431A.260, 431A.263 and 431A.265. [2015 c.786 §8]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.270 - Testing for compliance; fee schedule; rules.

(1) The Oregon Health Authority may conduct testing of children’s products sold or offered for sale in this state in order to determine compliance with ORS 431A.258, 431A.260 and 431A.263.
(2) The authority may establish by rule a schedule of fees for manufacturers of children’s products that are based on the costs to the authority for administering ORS 431A.253 to 431A.280. Fees collected by the authority under this subsection shall be deposited in the High Priority Chemicals of Concern for Children’s Health Fund established under ORS 431A.278. [2015 c.786 §9]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.273 - Participation in Interstate Chemicals Clearinghouse.

The Oregon Health Authority is authorized to participate in the Interstate Chemicals Clearinghouse in cooperation with other states and government entities to assist the authority in carrying out ORS 431A.253 to 431A.280. [2015 c.786 §10]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.278 - High Priority Chemicals of Concern for Children’s Health Fund.

(1) The High Priority Chemicals of Concern for Children’s Health Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the High Priority Chemicals of Concern for Children’s Health Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Health Authority to administer ORS 431A.253 to 431A.280.
(2) The authority may accept gifts, grants or contributions from any public or private source for the purpose of carrying out ORS 431A.253 to 431A.280.
(3) The High Priority Chemicals of Concern for Children’s Health Fund shall consist of:
(a) Moneys accepted by the authority pursuant to subsection (2) of this section.
(b) Payments and fees collected under ORS 431A.265 and 431A.270.
(c) Civil penalties imposed under ORS 431A.275. [2015 c.786 §12]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.280 - Biennial report to Legislative Assembly.

The Oregon Health Authority shall report to the interim committees of the Legislative Assembly related to environment and natural resources and public health no later than September 15 of each odd-numbered year. The report shall include the following information:
(1) Any revisions made under ORS 431A.255 to the list of high priority chemicals of concern for children’s health used in children’s products.
(2) The number of manufacturers of children’s products in compliance with ORS 431A.258 and an analysis of the information collected pursuant to ORS 431A.258 specifying:
(a) The number and types of children’s products sold or offered for sale in this state that contain high priority chemicals of concern for children’s health used in children’s products.
(b) The range of amounts of high priority chemicals of concern for children’s health used in children’s products, by product category, and the total number of and most frequently disclosed high priority chemicals of concern for children’s health used in children’s products.
(c) The potential for exposure to high priority chemicals of concern for children’s health used in children’s products based on the number of children’s products sold or offered for sale in this state that contain chemicals on the list established under ORS 431A.255, likely exposure routes and the typical use patterns for the children’s products that contain chemicals on the list established under ORS 431A.255.
(d) Recommendations to limit, reduce or prevent exposure to high priority chemicals of concern for children’s health used in children’s products based on an analysis of the information collected.
(3)(a) Details about the implementation of ORS 431A.263 and 431A.265 regarding hazard assessments and waivers. In cases where the authority grants waivers for the continued use of high priority chemicals of concern for children’s health used in children’s products and the waiver application includes an alternatives assessment, the authority may develop recommendations on opportunities to provide technical assistance, provide grants and promote public-private partnerships and other actions to encourage manufacturers to produce children’s products through green chemistry and that do not contain high priority chemicals of concern for children’s health used in children’s products.
(b) In developing the recommendations described in paragraph (a) of this subsection, the authority may consult with the Department of Environmental Quality, the Oregon Business Development Department and other state agencies.
(4) A summary of compliance testing results obtained under ORS 431A.270.
(5) Any recommendations submitted to the authority by manufacturers under ORS 431A.258 (7). [2015 c.786 §13]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.300 - Definitions.

As used in ORS 431A.300 to 431A.325:
(1) "Household product" means any product intended for use under any of the following circumstances:
(a) In, on or around any structure, vehicle, article, surface or area associated with the household, including but not limited to nonagricultural outbuildings, noncommercial greenhouses, pleasure boats and recreational vehicles.
(b) In or around any preschool or child care facility.
(2) "Task force" means the Poison Prevention Task Force.
(3) "Toxic household product" means any product listed in ORS 431A.308 that is customarily produced or distributed for sale for use in or about the household or is customarily stored by individuals in or about the household. [Formerly 431.870]