reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 12 - PROCEDURAL RULES › Section 333-012-0050 - General Rules Applicable to All Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of these rules is to
			 establish standards under which local public health authorities shall provide
			 environmental health services to establishments and facilities licensed under
			 ORS chapters 446, 448 and 624.
(2)
			 Definitions:
(a) "Administrative Costs" means
			 those costs that are over the direct costs of providing delegated program
			 services. These include actual departmental, agency or central government
			 charges such as, but not limited to, accounting, purchasing, human resources,
			 data management, legal council and central mail functions;
(b) "Administrator" means the assistant
			 director for the Public Health Division of the Authority or an authorized
			 representative;
(c) "Authority"
			 means the Oregon Health Authority.
(d) "Complete Inspection" means the
			 evaluation of a licensed establishment or facility conducted at the election of
			 the local public health authority for compliance with all applicable
			 regulations;
(e) "Consultation
			 Services Remittance" means the biennial assessment of the Authority for
			 consultation services and maintenance of the Foodborne Illness Prevention,
			 Public Swimming Pool and Tourist Facility Programs;
(f) "Direct Costs" mean those costs for
			 salaries and benefits of field and support staff and their associated costs
			 including, but not limited to, rent, vehicles and travel, equipment, data
			 management, training, phone, office supplies and the pro-rated portion of
			 direct costs relating to supervision;
(g) "Fiscal Audit" means a comprehensive
			 audit using standard audit procedures of the financial records of the local
			 public health authority related to licenses and fees;
(h) "Local Public Health Authority" means
			 county governments or health districts established under ORS 431.414 that are
			 responsible for management of local public health services;
(i) "Recheck Inspection" means an inspection
			 to determine whether specified corrections have been made or alternative
			 procedures maintained for violations identified in previous inspections. In
			 food service establishments, a recheck inspection also means an inspection to
			 determine whether specific corrections have been maintained for violations
			 creating a significantly increased risk for foodborne illness. Recheck
			 inspections may be conducted either on pre-announced dates or
			 unannounced.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 12 - PROCEDURAL RULES › Section 333-012-0053 - Licensing and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) License
			 applications and licenses issued must be on forms provided or approved by the
			 Authority.
(2) The Local Public
			 Health Authority must establish a single license fee per establishment or
			 facility type. There may not be added fees based on local determination of
			 unique features of an establishment or facility.
(3) Licensing categories must be based upon
			 those specified in ORS 446.310, 448.035 and 624.490. The Local Public Health
			 Authority may not create additional licensing categories.
(4)
(a)
			 Annual work hours available for a dedicated full time equivalent (FTE) for
			 field staff in the food service program based on a 40-hour week is 1640 hours,
			 of which 25 percent is allocated for office and administrative duties and
			 consultation, and 75 percent is for field inspection activities;
(b) Standards for complete inspection
			 functions, on average, including travel time, relative to facility size are as
			 follows:
(A) 0-15 seats, 1-1/2
			 hours;
(B) 16-50 seats, 1-3/4
			 hours;
(C) 51-150 seats, 2
			 hours;
(D) Over 150 seats, 2-1/2
			 hours.
(c) An average
			 recheck inspection rate of 40 percent with an average priority or priority
			 foundation item recheck inspection taking 45 minutes including
			 travel.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 12 - PROCEDURAL RULES › Section 333-012-0055 - Inspection Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All licensed
			 establishments and facilities, except bed and breakfast facilities, travelers'
			 accommodations, hostels and temporary restaurants, must receive a minimum of
			 one complete inspection for every six months of operation or fraction thereof
			 by the Local Public Health Authority. For vending machines, the Local Public
			 Health Authority shall evaluate at least 10 percent of each licensee's machines
			 during each inspection:
(a) Bed and breakfast
			 facilities must be inspected once per year;
(b) Travelers' accommodations and hostels
			 must be inspected on a schedule in accordance with local public health
			 priorities and with consideration of the following criteria:
(A) Complaints received from a guest at a
			 particular facility;
(B) A history
			 of rule violations;
(C) A request
			 for inspection or consultation from a licensee;
(D) Reports of illness or accidents
			 associated with the facility;
(E)
			 Change of owner or operator;
(F)
			 The facility's method of sewage disposal, source of water and availability of
			 local fire protection services;
(G)
			 Length of time since the last inspection of the facility;
(H) A minimum of one inspection every two
			 years is recommended.
(c)
(A)
			 Single-event, seasonal and intermittent temporary restaurants must receive a
			 minimum of one inspection during operation for each license issued;
(B) Notwithstanding paragraph (1)(c)(A) of
			 this rule benevolent single-event temporary restaurants may receive an
			 inspection or a consultation in lieu of an inspection, as determined by the
			 Local Public Health Authority.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 12 - PROCEDURAL RULES › Section 333-012-0057 - Consultation Services Remittance

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Food Service - On behalf of the Authority, the Local Public Health Authority
			 must collect fees from food service establishments and remit to the Authority
			 the monies necessary to maintain the Foodborne Illness Prevention Program. The
			 Local Public Health Authority must keep the remainder to cover administration
			 and enforcement costs.
(a) The Authority must
			 consult with representatives of local health officials in determining the
			 amount to be remitted by each Local Public Health Authority to support the
			 state Foodborne Illness Prevention Program;
(b) The consultation must occur no later than
			 April of each legislative year in order to determine the amount required to be
			 remitted to the Authority in the following biennium;
(c) The consultation must consider program
			 expenditures, the program workplan and other activities, and current food
			 service establishment inventories to determine the amount of the
			 remittance;
(d) For the purposes of
			 this rule, food service establishments are considered to be full and limited
			 service restaurants, bed and breakfast facilities, mobile food units,
			 commissaries and warehouses;
(e)
			 The remittance amount must be determined by first projecting statewide food
			 service license revenue for the biennium using state marker fees. Then, the
			 biennial budget of the Foodborne Illness Prevention Program is divided by the
			 revenue projection to yield a percentage factor. Each Local Public Health
			 Authority's revenue projection for food service facilities, using state marker
			 fees, is then multiplied by that factor to yield the remittance
			 amount;
(f) The Foodborne Illness
			 Prevention Program budget must be developed after consultation with groups
			 representing local health officials pursuant to ORS 624.510. The cost to the
			 Local Public Health Authority of the Foodborne Illness Prevention Program shall
			 be represented in the annual Intergovernmental Agreement.
(g) The Local Public Health Authority must
			 provide to the Authority a quarterly remittance based on the total biennial
			 assessment. Fifty percent of the assessment is payable each year unless
			 otherwise negotiated with the Authority. The annual amount remitted by the
			 Local Public Health Authority in the first year of the biennium may not be less
			 than 35 percent of the total biennial amount. Each Local Public Health
			 Authority must provide a statement identifying the proposed timetable and
			 schedule for remittance;
(h) In
			 April of even-numbered years, the Authority must recalculate the assigned
			 assessment for the second year of the biennium, based on updated facility
			 counts and program expenditures and provide the Local Public Health Authority
			 with a revised assessment for the second year of the biennium;
(i) All assessments may not be represented as
			 a surcharge or added charge.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 12 - PROCEDURAL RULES › Section 333-012-0060 - Staffing and Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Local Public Health Authority must provide the staff, facilities, materials and
			 equipment necessary to comply with these rules.
(2) Inspections must be conducted by staff
			 that are registered as required by ORS chapter 700.
(3) Each Local Public Health Authority must:
(a) Require at least one environmental health
			 specialist engaged in the food, tourist facility and public swimming pool
			 programs to attend annual Authority sponsored or approved training in all three
			 program areas;
(b) Within one year
			 of hiring, send all environmental health specialists to an orientation provided
			 by the Authority. This requirement does not apply to staff that have previously
			 attended the training while employed in another jurisdiction;
(c) Maintain at least one environmental
			 health specialist on staff or through contract that has a current certification
			 from the Authority as a food service standardization officer.
(A) New employees must be certified within 18
			 months of employment or within 18 months after becoming registered as an
			 environmental health specialist as required in section (2) of this
			 rule;
(B) Notwithstanding the time
			 limits specified in paragraph (3)(c)(A) of this rule, the Local Public Health
			 Authority may develop a training plan approved by the Authority that allows for
			 a longer time limit to comply with the certification requirement in subsection
			 (c) of this section.
(d)
			 Maintain at least one environmental health specialist on staff or through
			 contract that has successfully completed a NSPF Certified Pool Operator course
			 or equivalent approved by the Authority within 24 months of employment. The
			 Authority may waive this requirement upon request.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 12 - PROCEDURAL RULES › Section 333-012-0061 - Food Handler Training

Current through Register Vol. 63, No. 7, July 1, 2024
The Local Public Health Authority must ensure the provision of
				a food handler training program using minimum criteria developed by the
				Authority. The Local Public Health Authority must secure Authority approval
				before deviating from the criteria of the training program for food handlers,
				and must document in a manner satisfactory to the Authority the training
				methods used for food handler training.
Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 &
				  624.510
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 12 - PROCEDURAL RULES › Section 333-012-0063 - Record Keeping and Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
The Local Public Health Authority must:
(1) Maintain records of all administrative
			 matters delegated under ORS 446.425, 448.100 or 624.510, including a record of
			 the hearing, the time, date, place and copies of the complaint, all intended
			 actions, orders, and final disposition of the proceedings and retained for at
			 least three years.
(2) At a
			 minimum, maintain records according to the Secretary of State, Archives
			 Division rules, OAR chapter 166, of the following:
(a) Inspection reports;
(b) Complaints and their
			 disposition;
(c) Communicable
			 disease or suspected foodborne illness investigations;
(d) Public swimming pool accidents;
(e) License applications and licenses
			 issued;
(f) Food service inspection
			 scores;
(g) Changes in public
			 notice placards;
(h) Food handler
			 training materials;
(i) Plan review
			 records;
(j) Records of all license
			 denials, revocations, suspensions or other temporary closures; and
(k) Failed to Comply notices posted or any
			 other enforcement actions taken.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 12 - PROCEDURAL RULES › Section 333-012-0065 - Epidemiology and Accident Investigation and Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
The Local Public Health Authority must:
(1) Investigate all suspected illnesses
			 connected with food service facilities, public swimming pools and tourist
			 facilities;
(2) Submit reports of
			 all investigations of confirmed illnesses to the Authority as required by OAR
			 chapter 333, division 018;
(3)
			 Notify the Authority of investigations expected to result in confirmed
			 foodborne illness; and
(4)
			 Investigate all reportable accidents and report the results of investigations
			 in writing, including copies of accident reports, to the Authority.
Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 &
				  624.510
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 12 - PROCEDURAL RULES › Section 333-012-0067 - Enforcement Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
The Local Public Health Authority must:
(1) Adopt and comply with rules for
			 conducting administrative hearings for permit and license denial, suspension or
			 revocation in accordance with the requirements of ORS chapter 183.
(2) Utilize all administrative and legal
			 means necessary to enforce the applicable statutes and rules and implement
			 policies relating to the programs and to eliminate conditions endangering
			 public health or safety.
Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 &
				  624.510
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 12 - PROCEDURAL RULES › Section 333-012-0070 - Minimum Standards, Program Review and Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) The
			 Local Public Health Authority may request approval from the Authority to
			 implement alternative inspection or enforcement procedures by submitting a plan
			 that includes expected performance measures and outcomes. If approved, the
			 alternative inspection or enforcement procedures must be included in the annual
			 Intergovernmental Agreement.
(b)
			 The Local Public Health Authority may adopt ordinances on applicable matters
			 provided they are not less stringent than the Oregon Administrative Rules
			 adopted pursuant to ORS chapters 183, 446, 448 and 624. Any ordinance proposed
			 for adoption on matters applicable to food service operators more stringent
			 than those set forth in ORS chapter 624 and rules adopted thereunder must be
			 approved by the Authority and the cost of implementing any ordinance so adopted
			 may not be charged to license fees adopted pursuant to ORS 624.510(2).
			 Notwithstanding the provisions of this subsection, when an emergency exists and
			 delay may result in an immediate danger to public health, Local Public Health
			 Authorities may adopt ordinances without prior Authority approval. This
			 subsection does not affect ordinances that are required to be adopted as
			 specified in these rules.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 12 - PROCEDURAL RULES › Section 333-012-0500 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 97.170, 432.146 & 432.312
Stats. Implemented: ORS 97.170(1), (3), (4) & (6),
				  432.312(1) & (2)
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 13 - CHEMICAL ANALYSIS FOR ALCOHOLIC CONTENT OF BLOOD › Section 333-013-0004 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The term "Blood" as used in ORS 813.010 and 813.160 means any
				of the following:
(1) "Plasma" means
			 the liquid portion of blood including the clotting factors, prepared by
			 mechanical separation of the liquid from cellular components after the
			 inhibition of the clotting process.
(2) "Serum" means the liquid portion of blood
			 minus the clotting factors, prepared by separation of the liquid from the clot
			 upon completion of the clotting process.
(3) "Whole Blood" means the fluid that
			 circulates through the heart, arteries and veins; composed of cellular and
			 liquid components.
Stat. Auth.: ORS 813.160
Stats. Implemented: ORS 813.010 &
				  813.160
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 14 - STANDARDS FOR STATE AND LOCAL PUBLIC HEALTH AUTHORITIES › Section 333-014-0042

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 413.042, 431.350
Stats. Implemented: ORS 431.345, 431.380,
				  431.385
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 14 - STANDARDS FOR STATE AND LOCAL PUBLIC HEALTH AUTHORITIES › Section 333-014-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.350
Stats. Implemented: ORS 431.345, 431.385 &
				  431.416
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 14 - STANDARDS FOR STATE AND LOCAL PUBLIC HEALTH AUTHORITIES › Section 333-014-0510 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 333, division 14:
(1) "Accountability metrics" means the public
			 health system performance measures established by the Public Health Advisory
			 Board under ORS
			 431.123.
(2) "Authority" means the Oregon Health
			 Authority.
(3) "Base funds" means
			 state funds appropriated by the Legislature to the Authority and distributed to
			 local public health authorities through the funding formula established in ORS
			 431.380(1)(a)
			 for applying the foundational capabilities and implementing the foundational
			 programs.
(4) "Enforcement" means
			 an action taken to compel the requirements of the law.
(5) "Financial assistance agreement" or (FAA)
			 means the contract entered into between the Authority and a local public health
			 authority through which base funds and other funds are distributed to local
			 public health authorities and which details the work a local public health
			 authority is required to perform in consideration of those funds.
(6) "Foundational capability" has the meaning
			 given that term in ORS
			 431.003 and includes
			 each capability established under ORS
			 431.131.
(7) "Foundational program" has the meaning
			 given that term in ORS
			 431.003 and includes
			 but is not limited to each program established under ORS
			 431.141.
(8) "Governing body of a local public health
			 authority" has the meaning given that term in ORS
			 431.003.
(9) "Local public health administrator" has
			 the meaning given that term in ORS
			 431.003.
(10) "Local public health authority" has the
			 meaning given that term in ORS
			 431.003.
(11) "Person" has the meaning given that term
			 in ORS
			 174.100.
(12) "Public Health Advisory Board (PHAB)"
			 means the body established under ORS
			 431.122 for the purpose of advising and making recommendations to the Authority and the
			 Oregon Health Policy Board.
(13)
			 "Public health law" has the meaning given that term in ORS
			 431A.005.
Statutory/Other Authority: ORS
				  413.042 & 431.149
Statutes/Other Implemented: ORS
				  431.001 - 431.550
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 14 - STANDARDS FOR STATE AND LOCAL PUBLIC HEALTH AUTHORITIES › Section 333-014-0520 - Local Public Health Administrators

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual appointed by a local public
			 health authority to be the local public health administrator should have the
			 following qualifications:
(a) A bachelor's
			 degree; and
(b) Public health work
			 experience and education that demonstrates competencies in the foundational
			 programs as defined by ORS
			 431.141 and foundational capabilities as defined by ORS
			 431.131.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 14 - STANDARDS FOR STATE AND LOCAL PUBLIC HEALTH AUTHORITIES › Section 333-014-0530 - Incentives and Matching Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 To the extent funds, above the base funds, are available, the Authority will
			 make incentive and matching funds available to a local public health authority
			 in accordance with ORS
			 431.380(1)(b)
			 and (c).
(2) Incentive funds may be awarded based on
			 data that show achievement of benchmarks or improvement targets for
			 accountability metrics.
(3)
			 Matching funds may be awarded to a local public health authority that invests
			 in local public health activities and services above the base funding.
(4) The Authority will review the
			 accountability metrics data and local public health expenditures data submitted
			 in accordance with OAR 333-014-0540  when making decisions regarding the award
			 of incentives or matching funds. The data will be used to determine if the
			 benchmarks, as recommended by PHAB, in the accountability metrics have been
			 achieved, and the extent to which a local public health authority has invested
			 in local public health activities and services.
(5) Based on the information provided
			 pursuant to section (4) of this rule, if funding is available, the Authority
			 will include any incentives or matching funds in the FAA or other agreements.
Statutory/Other Authority: ORS
				  431.149
Statutes/Other Implemented: ORS
				  431.170  & 431.418
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 14 - STANDARDS FOR STATE AND LOCAL PUBLIC HEALTH AUTHORITIES › Section 333-014-0540 - Accountability Metrics

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Authority will consult with the PHAB as necessary to identify, update and apply
			 accountability metrics related to the distribution of incentive and matching
			 funds.
(2) Local public health
			 authorities will be consulted through the Conference of Local Health Officials
			 (CLHO) on:
(a) Proposed changes to
			 accountability metrics; and
(b) On
			 the time, form and manner for reporting actual expenditure data and
			 accountability metrics data to the Authority.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 14 - STANDARDS FOR STATE AND LOCAL PUBLIC HEALTH AUTHORITIES › Section 333-014-0550 - Local Public Health Authority Statutory Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following are activities that Oregon
			 law specifically requires a local public health authority to perform:
(a) Accepting reports of reportable disease,
			 disease outbreak or epidemics and investigating reportable diseases, disease
			 outbreaks, or epidemics under ORS
			 433.004 and
			 433.006.
(b) Issuing or petitioning for isolation and
			 quarantine orders under ORS
			 433.121 to
			 433.142 as necessary to protect the public's health.
(c) Review of immunization records and
			 issuing exclusion orders under ORS
			 433.267.
(d) Making immunizations available under ORS
			 433.269.
(e) Duties and activities related to
			 enforcing the Indoor Clean Air Act under ORS
			 433.875, if delegated
			 by the Authority.
(f) Ensuring
			 access to family planning and birth control services under ORS
			 435.205.
(g) Licensure of tourist
			 accommodations, including hostels, picnic parks, recreation parks and
			 organizational camps under ORS
			 446.310 to
			 446.350,
			 if delegated by the Authority.
(h)
			 Licensure of pools and spas under ORS
			 448.005 to
			 448.100,
			 if delegated by the Authority.
(i)
			 Restaurant licensure, including commissaries, mobile units, vending machines
			 and bed and breakfasts under ORS
			 624.310 to
			 624.430, if
			 delegated by the Authority.
(j)
			 Regulation of public water systems under ORS
			 448.115 to
			 448.285,
			 if delegated by the Authority.
(k)
			 Enforcement of public health laws under ORS
			 431.150.
(l) The duties specified in ORS
			 431.413.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 14 - STANDARDS FOR STATE AND LOCAL PUBLIC HEALTH AUTHORITIES › Section 333-014-0560 - Foundational Capabilities and Programs; Prioritization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To the extent that funding is available,
			 a local public health authority should implement the local foundational
			 capabilities and the local foundational programs described as the local roles
			 and deliverables in the Public Health Modernization Manual, available on the
			 Authority's website at:
http://www.oregon.gov/oha/PH/ABOUT/TASKFORCE/Documents/public_health_modernization_manual.pdf
.
(2) The FAA, or other agreements,
			 will describe more specifically the duties and activities that are to be
			 performed in order to carry out the local foundational programs and
			 foundational capabilities.
(3) The
			 Authority will consult with PHAB, as necessary, on priorities for foundational
			 programs in ORS
			 431.141 and foundational capabilities in ORS
			 431.131.
Statutory/Other Authority: ORS
				  431.149
Statutes/Other Implemented: ORS
				  431.380  & 431.413
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 14 - STANDARDS FOR STATE AND LOCAL PUBLIC HEALTH AUTHORITIES › Section 333-014-0570 - Local Public Health Authority Contracts or Agreements for Local Public Health Services or Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 provided in ORS 431.413(3), a local public health authority may contract with a
			 person to perform a public health service or activity, or to perform all public
			 health services and activities, that the local public health authority is
			 required to perform under ORS
			 431.001 to
			 431.550 and
			 431.990 or under any
			 other public health law of this state, except that the person with whom the
			 local public health authority contracts may not perform any function, duty or
			 power of the local public health authority related to governance.
(2) A local public health authority must
			 provide written notice to the Authority at least 75 days prior to executing a
			 new contract or agreement with a person or public body for the provision of
			 local public health services or activities, if the local public health
			 authority is performing the public health service or activity pursuant to a
			 contract or agreement with the Authority, unless the local public health
			 authority is specifically exempted from complying with this notice provision in
			 the contract or agreement with the Authority. Contracts, subcontracts or
			 agreements that apply to administrative contracts or contracts that do not have
			 a direct impact on consumers of public health services or activities are
			 excluded from the requirements in this section.
(3) Upon receipt of a notice under section
			 (2) of this rule, the Authority may request a copy of the contract or agreement
			 from the local public health authority for review.
(4) A local public health authority contract
			 or intergovernmental agreement to perform a public health service or activity
			 must clearly describe the service or activity being performed, any applicable
			 federal or state statutes or rules, or local ordinances that are applicable to
			 the service or activity, and the manner in which the local public health
			 authority will oversee and monitor the contractor or public body to ensure
			 compliance with all applicable federal or state statutes or rules, local
			 ordinances or other funding requirements as outlined in the FAA or other
			 agreements.
(5) If a local public
			 health authority is unable, for reasons outside of its control, to provide the
			 75 day notice as required by section (2) of this rule, the local public health
			 authority shall provide notice as soon as possible before or after the
			 execution of the contract or agreement.
(6) The 75 day notice required in section (2)
			 of this rule does not to apply to a contract if the procurement activities
			 began prior to January 1, 2018.
Statutory/Other Authority: ORS
				  431.149
Statutes/Other Implemented: ORS
				  431.413
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 14 - STANDARDS FOR STATE AND LOCAL PUBLIC HEALTH AUTHORITIES › Section 333-014-0580 - Local Public Health Authority Governance

Current through Register Vol. 63, No. 7, July 1, 2024
As provided in ORS 431.413(3) and ORS
				190.110,
				a local public health authority may contract or enter into an agreement with an
				entity to perform public health services or activities but that entity may not
				perform any function, duty or power of the local public health authority
				related to governance. Functions, duties and powers related to governance
				include but are not limited to:
(1)
			 The exercise of any police power.
(2) Any duty of the governing body of a local
			 public health authority under ORS
			 431.415.
(3) Enforcement of public health laws,
			 including but not limited to taking an action on a license or permit as
			 described in ORS
			 431.150.
(4) Ensuring due process for persons with due
			 process rights.
(5) Issuing any
			 order authorized under ORS
			 431A.010 or ORS chapter 433.
(6) Imposing
			 civil penalties.
(7) Compelling the
			 production of records during a disease outbreak investigation.
(8) Petitioning the court for an isolation or
			 quarantine order under ORS
			 433.121 to
			 433.142.
(9) Taking any action authorized during a
			 declared public health emergency under ORS
			 433.441.
Statutory/Other Authority: ORS
				  431.149
Statutes/Other Implemented: ORS
				  431.413
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 14 - STANDARDS FOR STATE AND LOCAL PUBLIC HEALTH AUTHORITIES › Section 333-014-0590 - Request to Transfer Local Public Health Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Authority does not receive state
			 monies in an amount that equals or exceeds the estimate that the Authority
			 submitted to the Legislative Fiscal Office under ORS
			 431.380(2), the
			 governing body of the county in which a local public health authority operates
			 or the governing body of a local public health authority may adopt an ordinance
			 or resolution transferring to the Authority the responsibility for fulfilling
			 the local public health authority's duties under ORS
			 431.001 to
			 431.550 and
			 431.990 and the other public
			 health laws of this state. The ordinance or resolution must specify the
			 disparity in moneys received as described in this section.
(2) An ordinance or resolution adopted under
			 section (1) of this rule must transfer all local public health authority duties
			 under ORS 431.001 to
			 431.550 and
			 431.990 and under other public
			 health laws of this state.
(3)
			 Within two business days from the date the ordinance or resolution was adopted
			 under section (1) of this rule, the local public health authority must inform
			 the state Public Health Director in writing and provide a copy of the ordinance
			 or resolution.
(4) The transfer of
			 duties from a local public health authority to the Authority takes effect no
			 sooner than 180 days after the date the ordinance or resolution was adopted,
			 unless the Authority agrees to an earlier effective date.
(5) A local public health authority must
			 continue to comply, until the date of transfer, with any contract or agreement
			 it has with the Authority that concerns any of the services or activities
			 required by a local public health authority under these rules or under any
			 other public health law of this state including but not limited to the FAA, or
			 other agreements, unless:
(a) The Authority
			 authorizes a termination of a contract or agreement at an earlier date;
			 or
(b) The contract or agreement is
			 terminated in accordance with the terms of the contract or agreement.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 14 - STANDARDS FOR STATE AND LOCAL PUBLIC HEALTH AUTHORITIES › Section 333-014-0600 - Request to Return Local Public Health Authority Four Years or More Since Date of Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 applies to a county or other entity that transferred local public health
			 authority responsibilities to the Authority under ORS
			 431.382, and it has been four
			 years or more since the date of transfer. For purposes of this rule "date of
			 transfer" means 180 days from the date the ordinance or resolution to transfer
			 was adopted or an earlier date agreed to by the Authority in writing.
(2) The governing body of a county or the
			 governing body of the entity that previously transferred local public health
			 authority responsibilities to the Authority under ORS
			 431.382 may submit a written
			 request to the Authority to resume acting as the local public health
			 authority.
(3) Prior to submitting
			 a request under section (2) of this rule, the governing body may request from
			 the Authority, and the Authority will provide:
(a) A non-binding estimate of the funding
			 available for public health services and activities to the county or other
			 entity if authority is transferred back to the county or other
			 entity.
(b) A draft Financial
			 Assistance Agreement including a scope of work for required and optional local
			 public health authority programs.
(c) A draft Intergovernmental Agreement for
			 Environmental Health Services.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 14 - STANDARDS FOR STATE AND LOCAL PUBLIC HEALTH AUTHORITIES › Section 333-014-0610 - Request to Return Local Public Health Authority Less than Four Years from the Date of Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 applies to a county or other entity that transferred local public health
			 authority responsibilities to the Authority under ORS
			 431.382, and it has been less
			 than four years since the date of transfer. For purposes of this rule "date of
			 transfer" means 180 days from the date the ordinance or resolution to transfer
			 was adopted or an earlier date agreed to by the Authority in writing.
(2) The governing body of a county or the
			 governing body of the entity that previously transferred local public health
			 authority responsibilities to the Authority under ORS
			 431.382 may submit a written
			 request to the Authority to resume acting as the local public health
			 authority.
(3) Prior to submitting
			 a request under section (2) of this rule, the governing body may request from
			 the Authority, and the Authority will provide:
(a) A non-binding estimate of the funding
			 available for public health services and activities to the county or other
			 entity, if authority is transferred back to the county or other
			 entity.
(b) A draft Financial
			 Assistance Agreement including scope of work for required and optional local
			 public health authority programs.
(c) A draft Intergovernmental Agreement for
			 Environmental Health Services.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0025 - Oregon Indoor Clean Air Act: Authority and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules are adopted pursuant to the
			 authority granted to the Oregon Health Authority, Public Health Division, in
			 ORS
			 433.835 through
			 433.875 and
			 433.990(5)
			 concerning smoke-free places of employment and public places.
(2) The purpose of the Oregon Indoor Clean
			 Air Act is to reduce the health hazard caused to persons by inhaling smoke from
			 tobacco products or other inhalants.
Statutory/Other Authority: ORS
				  433.855  & OL 2017, Ch. 701
Statutes/Other Implemented: ORS
				  433.835  -433.875, 433.990 & OL 2017, Ch. 701
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0030 - Oregon Indoor Clean Air Act: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR chapter 333, division 15, the following
				definitions shall apply:
(1)
			 "Accessibility ramp" means a ramp intended to provide access for people with
			 disabilities to and from an entrance or exit.
(2) "Act" means the Oregon Indoor Clean Air
			 Act as it appears in ORS
			 433.835 through
			 433.875, and
			 433.990(5).
(3) "Authority" means the Oregon Health
			 Authority.
(4) "Certificate holder"
			 means the individual or entity on record with the Oregon Health Authority as
			 the owner of a certified cigar bar or smoke shop.
(5) "Cigar bar" means a business that:
(a) Has on-site sales of cigars as defined in
			 ORS
			 323.500;
(b) Has a humidor on the premises;
(c) Allows the smoking of cigars on the
			 premises but prohibits the smoking, aerosolizing or vaporizing of other
			 inhalants on the premises;
(d) Has
			 been issued and operates under a full on-premises sales license issued under
			 ORS
			 471.175;
(e) Prohibits persons under 21 years of age
			 from entering the premises and posts notice of the prohibition;
(f) Does not offer video lottery games as
			 authorized under ORS
			 461.217;
(g) Has a maximum seating capacity of 40
			 persons;
(h) Has a ventilation
			 system that exhausts smoke from the business, and is designed and terminated in
			 accordance with the state building code standards for the occupancy
			 classification in use; and
(i)
			 Requires all employees to read and sign a form approved and published by the
			 Public Health Division that explains the dangers of exposure to secondhand
			 smoke.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0035 - Oregon Indoor Clean Air Act: General Provision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person shall smoke, aerosolize or
			 vaporize an inhalant or carry a lighted smoking instrument in a public place or
			 place of employment except in those areas that are not required to be smoke,
			 aerosol or vapor free under ORS
			 433.850(2)
			 and OAR 333-015-0035(6) through (8).
(2) Employers shall provide for employees a
			 place of employment that is free of all smoke, aerosols and vapors containing
			 inhalants; and may not allow employees to smoke, aerosolize or vaporize
			 inhalants at the place of employment, except in those areas listed in ORS
			 433.850(2)
			 and in OAR 333-015-0035(5) through (8).
(3) In providing a smoke, aerosol, or vapor
			 free place of employment, an employer must ensure that:
(a) No person smokes, aerosolizes or
			 vaporizes an inhalant within a place of employment.
(b) No person smokes, aerosolizes or
			 vaporizes an inhalant within 10 feet of the following parts of a place of
			 employment:
(A) Entrances;
(B) Exits;
(C) Windows that open; and
(D) Ventilation intakes that serve an
			 enclosed area.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0040 - Oregon Indoor Clean Air Act: Signs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer or entity in charge, except
			 in those places described in OAR
			 333-015-0035(5)
			 through (8), must post signs prominently at
			 each entrance and exit to the place of employment or public place.
(a) Signs must state that smoking,
			 aerosolizing or vaporizing of inhalants is prohibited within 10 feet of
			 entrances, exits, windows that open, and ventilation intakes that serve an
			 enclosed area.
(b) Signs may be
			 used without the words "within 10 feet" if the signs specify a restriction
			 greater than 10 feet or designate the entire premises as smoke, aerosol and
			 vapor free.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0045 - Oregon Indoor Clean Air Act: Ashtrays

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Ashtrays and any receptacles intended to
			 be used for or used for depositing cigarette or inhalant delivery system debris
			 are prohibited within 10 feet of entrances, exits, windows that open,
			 ventilation intakes that serve an enclosed area of a public place or place of
			 employment, and any portion of an accessibility ramp.
(2) Except for those areas described in OAR
			 333-015-0035(7),
			 ashtrays and any receptacles intended to be used for or used for smoking or
			 depositing cigarette or inhalant delivery system debris are prohibited inside
			 public places and places of employment.
Statutory/Other Authority: ORS
				  433.855
Statutes/Other Implemented: ORS
				  433.835  - 433.870
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0056 - Oregon Indoor Clean Air Act: Smoke Shop Application for Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A business must
			 be certified by the Authority prior to allowing smoking on the
			 premises.
(2) To obtain
			 certification as a smoke shop, a business must agree to allow the Authority or
			 LPHA to make unannounced inspections of the business to determine compliance
			 with the Act.
(3) Smoke shop
			 certification is only valid for the business location authorized by the
			 Authority.
(4) Application
			 Criteria:
(a) Type A Certification.A business
			 may apply for smoke shop Type A Certification by submitting the following to
			 the Authority:
(A) A complete application
			 form prescribed by the Authority (available online or by calling the Tobacco
			 Prevention and Education Program).
(B) A notarized, sworn statement attesting
			 that the business:
(i) Is primarily engaged
			 in the sale of tobacco products and smoking instruments intended for
			 off-premises consumption or use, and derives at least 75 percent of its gross
			 revenue from such sales;
(ii)
			 Prohibits persons under 21 years of age from entering the premises;
(iii) Does not offer video lottery games as
			 authorized under ORS
			 461.217,
			 social gaming, or betting on the premises;
(iv) Does not sell or offer food or
			 beverages, including alcoholic beverages, for on-premises
			 consumption;
(v) Does not allow
			 on-premises consumption of alcoholic beverages;
(vi) Has a maximum seating capacity of no
			 more than four persons;
(vii)
			 Allows the smoking of tobacco product samples only for the purpose of making
			 retail purchase decisions, in a manner that complies with ORS
			 180.486 and
			 431A.175;
			 and
(viii) Does not allow the
			 smoking, aerosolizing or vaporizing of inhalants that are not tobacco
			 products.
(C)
			 Documentation of the business's sales, broken down by category of product;
(D) Evidence, such as photographs,
			 of signs required under OAR
			 333-015-0040(5).
(E) A building map and photographs of the
			 premises demonstrating that the business is a stand-alone business;
(F) A site map and photographs of the
			 premises that denotes maximum seating capacity and includes a detailed seating
			 chart; and
(G) Any other
			 documentation, as specified in the application form, necessary to demonstrate
			 compliance with the Act or these rules.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0057 - Oregon Indoor Clean Air Act: Smoke Shop Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority
			 may reject an application if the application is incomplete. An application may
			 be considered incomplete if the application form is incomplete or any
			 information or documents required under these rules is not submitted.
(2) Type A Certification Applications.
(a) The Authority shall grant a smoke shop
			 Type A Certification if the applicant:
(A)
			 Submits all of the documentation required under OAR 333-015-0056(4)(a),
			 including the notarized sworn statement, and any other documentation required
			 by the Authority;
(B) Is primarily
			 engaged in the sale of tobacco products and smoking instruments intended for
			 off-premises consumption or use, and derives at least 75 percent of its gross
			 revenue from such sales;
(C)
			 Prohibits persons under 21 years of age from entering the premises;
(D) Does not offer video lottery games as
			 authorized under ORS
			 461.217,
			 social gaming, or betting on the premises;
(E) Does not sell or offer food or beverages,
			 including alcoholic beverages, for on-premises consumption;
(F) Does not allow on-premises consumption of
			 alcoholic beverages;
(G) Has a
			 maximum seating capacity of no more than four persons;
(H) Allows the smoking of tobacco product
			 samples only for the purpose of making retail purchase decisions, in a manner
			 that complies with ORS
			 180.486 and
			 431A.175;
(I) Prohibits smoking, aerosolizing or
			 vaporizing of inhalants that are not tobacco products;
(J) Posts signs required under OAR
			 333-015-0040(5); and
(K) The
			 proposed premises is a stand-alone business with no other businesses or
			 residential property attached to the premises.