reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 53 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) PARTICIPANT ADMINISTRATION › Section 333-053-0100 - Participant Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Authority determines that WIC program benefits have been obtained, sold, given
			 away, traded, or otherwise disposed of improperly as the result of a
			 participant violation, the Authority shall establish a claim against the
			 participant for the full value of such benefits.
(2) For all participant claims, the Authority
			 shall issue a written notification demanding repayment.
(3) If the full restitution is not made or a
			 repayment schedule is not agreed on within 30 days of the date the letter was
			 mailed, the Authority shall take additional collection actions until
			 restitution is made or a repayment schedule is agreed on, unless the Authority
			 determines that further collection actions would not be cost-effective to
			 pursue.
Stat. Auth.: ORS 413.500
Stats. Implemented: ORS
				  413.500
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 53 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) PARTICIPANT ADMINISTRATION › Section 333-053-0110 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority
			 shall provide a participant with a fair hearing in accordance with the
			 provision of ORS chapter 183 and  7 CFR 246.9  for the following:
(a) Denial of participation;
(b) Disqualification; or
(c) A claim against the individual for
			 repayment of the cash value of improperly obtained or disposed of WIC program
			 benefits.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Section 333-054-0000 - Description of WIC Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 WIC Program is a federally funded program established in 1972 by an amendment
			 to the Child Nutrition Act of 1966. The purpose of the WIC Program is to serve
			 as an adjunct to health care by providing: nutrition education and counseling;
			 nutritious supplemental foods; and health screening and referral services to
			 pregnant and breast-feeding women, infants, and children in certain high-risk
			 categories.
(2) Federal
			 regulations governing the WIC Program, 7 CFR § Part 246, require adoption
			 and implementation of standards and procedures to guide the state's
			 administration of the WIC Program. These regulations also define the rights and
			 responsibilities of vendors and farmers.
(3) The WIC Program in the State of Oregon is
			 administered by the Oregon Health Authority (Authority).
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 413.500
Stats. Implemented: ORS
				  413.500
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Section 333-054-0020 - How a Vendor Becomes WIC Authorized

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only vendors authorized by the Authority
			 may accept Oregon food instruments in exchange for authorized foods.
(2) Application:
(a) An applicant shall submit a completed
			 application to the Authority, which includes:
(A) An application form;
(B) A Vendor Price List;
(C) A current SNAP authorization number;
			 and
(D) Any other documents or
			 information required by the Authority.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Section 333-054-0025 - Above 50% Vendors (A50)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant that is likely to derive more than 50 percent of the store's annual
			 food sales from WIC transactions will not be authorized except for cases of
			 participant access hardship as determined solely by the Authority.
(2) If a currently authorized vendor is found
			 to derive more than 50 percent of the store's annual food sales from WIC
			 transactions the Authority will terminate the vendor agreement unless the
			 vendor is necessary for participant access.
Stat. Auth.: ORS 413.500
Stats. Implemented: ORS
				  413.500
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Section 333-054-0027 - How a Farmer Becomes WIC Authorized

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only authorized farmers may accept CVBs
			 from authorized shoppers in exchange for eligible foods. Authorized farmers may
			 not accept CVBs from unauthorized farmers.
(2) In order to be eligible for participation
			 in the WIC program, a farmer applicant must:
(a) Grow, cultivate, or harvest fresh fruits
			 or vegetables in Oregon or a bordering county in a contiguous state to sell at
			 a farmers' market or farm stand. Farmers are exempt from the minimum WIC
			 authorized food stocking requirements as indicated for vendor authorization
			 under OAR
			 333-054-0020(3);
(b) Complete the farmer
			 application and return it to the appropriate state office to verify
			 eligibility; and
(c) Agree to
			 follow the terms and conditions of the farmer agreement.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Section 333-054-0030 - Vendor Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 applicant who has been approved for authorization shall sign a vendor
			 agreement.
(a) The vendor agreement shall
			 include the contractual obligations that must be met by an authorized vendor.
(b) Failure to adhere to the
			 vendor agreement is a violation and may result in a sanction.
(c) The vendor agreement shall be signed by a
			 representative of the Authority and a representative of the vendor who has the
			 legal authority to sign the vendor agreement and obligate the applicant to the
			 terms of the vendor agreement.
(d)
			 The term of a vendor agreement shall not exceed three years.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Section 333-054-0033 - Provision of Incentive Items

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Vendors shall not provide or advertise the provision of incentive items to WIC
			 shoppers that are not offered to other shoppers.
(2) The Authority may approve any of the
			 following incentive items to be provided by authorized vendors to WIC shoppers,
			 at the discretion of the Authority:
(a) Food,
			 merchandise, or services obtained at no cost to the vendor, subject to
			 documentation;
(b) Food,
			 merchandise, or services with a nominal value of $2 or less per item, which is
			 subject to documentation;
(c) Food
			 sales and specials which involve no cost or less than $2 in cost to the vendor
			 for the food items involved, subject to documentation, and do not result in a
			 charge to a WIC food instrument for foods in excess of the foods listed on the
			 food instrument; and
(d) Minimal
			 customary courtesies of the retail food trade, such as helping the shopper to
			 obtain an item from a shelf or from behind a counter, bagging food for the
			 shopper, and assisting the shopper with loading the food into a vehicle.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Section 333-054-0035 - Farmer Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A farmer
			 application/agreement must be signed by a representative who has legal
			 authority to obligate the farmer.
(2) The farmer application/agreement must
			 include a requirement that the farmer comply with OAR 333-054-0000  through
			 333-054-0070, as applicable to farmers.
(3) The farmer application/agreement will be
			 valid for no more than three years.
(4) Neither the Authority nor the farmer is
			 obligated to renew the agreement.
(5) To be authorized by the Authority, the
			 farmer must have Electronic Benefit Transfer (EBT) capability;
(6) An authorized farmer must comply with
			 requirements contained in  7 CFR 246, OAR 333-054-0000  through 333-054-0070, and
			 the terms and conditions of the farmer application/agreement.
Statutory/Other Authority: ORS
				  413.500
Statutes/Other Implemented: ORS
				  413.500
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Section 333-054-0040 - Vendor and Farmer Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority shall, at its sole
			 discretion, monitor vendors and farmers for compliance with applicable laws and
			 rules.
(2) The Authority or its
			 authorized representative must conduct compliance buys or inventory audits to
			 collect evidence of improper vendor practices.
(3) The Authority or its authorized
			 representative shall conduct routine monitorings and survey current WIC
			 authorized food shelf prices of selected vendors.
(4) The Authority or its authorized
			 representative shall conduct covert compliance buys and routine monitorings of
			 authorized farmers for compliance with the Authority rules and regulations.
(5) The Authority or its
			 authorized representative may conduct educational buys at selected authorized
			 vendors.
(6) The Authority or its
			 authorized representative may conduct an inventory count of authorized WIC
			 foods at select vendors. The inventory count may include any WIC authorized
			 foods physically located within the store at the time of the visit as well as
			 the foods' current shelf prices.
Stat. Auth.: ORS 413.500
Stats. Implemented: ORS
				  413.500
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Section 333-054-0052 - Suspension of Vendor Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notwithstanding any other rule in this division, WIC program benefits are
			 suspended and all vendor agreements are suspended if there is a government or
			 WIC program closure or if the government does not provide WIC funding. A
			 suspension shall remain in effect until such time as funding is approved or as
			 soon as the closure ends and only to the extent benefit issuance to
			 participants is approved by the federal government.
(2) Suspensions apply to all WIC-authorized
			 vendors, including farmers transacting cash value benefits. Suspensions do not
			 apply to WIC-authorized farmers transacting Farm Direct Nutrition Program
			 checks.
(3) Notice of suspensions
			 shall be made by both electronic mail and United States Postal Service mail to
			 all WIC-authorized vendors and farmers and shall include the suspension
			 effective date. Notice of suspensions will be delivered with as much notice as
			 possible. As soon as funding is restored or as soon as the closure has ended,
			 the Authority shall notify vendors and farmers of the date that a suspension is
			 lifted.
(4) Vendors and farmers
			 shall not accept WIC food instruments, shall not provide food benefits and
			 shall not deposit WIC food instruments for payment during a suspension.
(5) WIC-authorized vendors and
			 farmers who disagree with a suspension are not entitled to a contested case
			 hearing but may challenge a suspension through a rule challenge under ORS
			 183.335 or 183.400.
Stat. Auth.: ORS 413.500
Stats. Implemented: ORS
				  413.500
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Section 333-054-0055 - Farmer Violations and Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A farmer is in violation if a farmer
			 fails to comply with WIC program rules and the terms and conditions of the
			 farmer application/agreement or fails to respond to requests, implement
			 corrective action, or comply with the terms in final orders as directed by the
			 Authority.
(2) Farmer Sanctions:
(a) The Authority may issue a written
			 notification of non-compliance to an authorized farmer for an initial incident
			 of:
(A) Accepting CVBs for ineligible foods;
(B) Failing to prominently display
			 the official sign provided by the Authority, each market day when at authorized
			 farmers' markets or authorized farm stands;
(C) Failing to provide WIC shoppers with the
			 full amount of product for the value of each CVB;
(D) Failing to ensure that WIC shoppers
			 receive equitable treatment, including the availability of produce that is of
			 the same quality and no greater price than sold to other shoppers;
(E) Failing to reimburse the Authority for
			 CVBs that are improperly transacted;
(F) Charging sales tax on CVB purchases;
(G) Seeking restitution from WIC
			 shoppers or participants for CVBs not paid by the Authority;
(H) Giving cash back for purchases less than
			 the value of the CVB (providing change);
(I) Accepting CVBs from an unauthorized
			 farmer;
(J) Failing to comply with
			 WIC program rules and the terms and conditions of the farmer
			 application/agreement;
(K) Failing
			 to respond to requests, implement corrective action, or comply with the terms
			 in final orders as directed by the Authority;
(L) Using CVBs for any purpose other than to
			 deposit or cash them at the authorized farmer's financial institution; or
(M) Failing to cooperate with
			 staff from the Authority, staff authorized to act on the Authority's behalf or
			 the Oregon Department of Agriculture in monitoring for compliance with program
			 requirements and failing to provide information that the Authority or the
			 Oregon Department of Agriculture may require.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Section 333-054-0060 - Vendor Disqualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 vendor may not apply for authorization during a period of disqualification from
			 the WIC Program.
(2) The Authority
			 shall not accept a vendor's voluntary withdrawal from the WIC Program as an
			 alternative to disqualification. In addition, the Authority may not use
			 non-renewal as an alternative to disqualification.
(3) The Authority shall disqualify a vendor
			 that does not pay, partially pays or fails to timely pay, a CMP assessed in
			 lieu of disqualification, for the length of the disqualification corresponding
			 to the violation for which the CMP was assessed.
(4) In order to participate in the WIC
			 program after a vendor is disqualified, it must apply for authorization after
			 the disqualification period has passed.
(5) The Authority shall disqualify a vendor
			 for a period corresponding to the most serious sanction during the course of a
			 single investigation when the Authority determines the vendor has committed
			 multiple violations. The Authority shall include all violations in the notice
			 of administrative action. If a sanction for a specific violation is not upheld
			 after the hearing or appeal, the Authority may impose a sanction for any
			 remaining violations.
(6) If the
			 basis for disqualification of a vendor is for violation of OAR 333-054-0050(8),
			 the effective date of the disqualification is the date the vendor received
			 notice, either actual or constructive, of the disqualification.
(7) The Authority may disqualify a vendor
			 that has been disqualified or assessed a CMP in lieu of disqualification by
			 another WIC state agency for a mandatory sanction.
(a) The length of the disqualification shall
			 be for the same length of time as the disqualification by the other WIC state
			 agency or, in the case of a CMP in lieu of disqualification assessed by the
			 other WIC state agency, for the same length of time for which the vendor would
			 otherwise have been disqualified. The disqualification may begin at a later
			 date than the sanction imposed by the other WIC state agency.
(b) If the Authority determines that
			 disqualification of a vendor would result in inadequate participant access, the
			 Authority shall impose a CMP in lieu of disqualification.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Section 333-054-0065 - Farmer Disqualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Farmers who do not comply with WIC program requirements are subject to
			 sanctions, including civil penalties, in addition to, or in lieu of,
			 disqualification.
(2) Prior to
			 disqualifying a farmer, the Authority may determine if disqualification of the
			 farmer would result in inadequate participant access. If the Authority
			 determines that disqualification of the farmer would result in inadequate
			 participant access, the Authority may impose a CMP in lieu of disqualification
			 in the amount of 5 percent of the farmer's CVBs sales over the last twelve
			 months or $250, whichever is greater.
(3) The Authority must give written notice to
			 a farmer of an action proposed to be taken against a farmer, not less than 15
			 days before the effective date of the action. The notice must state what action
			 is being taken, the effective date of the action, and the procedure for
			 requesting a hearing.
(4) A farmer
			 that has been disqualified from the WIC program may reapply at the end of the
			 disqualification period.
(5) The
			 Authority may accept a farmer's voluntary withdrawal from the program as an
			 alternative to disqualification. If a farmer chooses to withdraw in lieu of
			 disqualification, the farmer may not apply for participation until the
			 following year.
(6) The Authority
			 will not reimburse farmers who have been disqualified or have withdrawn in lieu
			 of disqualification.
(7) Civil
			 penalties must be paid to the Authority within the time period specified in the
			 Notice.
(8) A farmer who commits
			 fraud or abuse of the WIC program is subject to prosecution under applicable
			 federal, state or local laws.
Stat. Auth.: ORS 413.500
Stats. Implemented: ORS
				  413.500
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Section 333-054-0070 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority
			 shall provide a full administrative review in accordance with the provisions of
			 ORS Chapter 183 for the following, as applicable:
(a) Denial of authorization based on a
			 determination that the vendor or farmer is attempting to circumvent a sanction;
(b) Termination of an agreement
			 for cause;
(c) Disqualification;
(d) Imposition of a civil penalty
			 or a CMP in lieu of disqualification; and
(e) Denial of authorization based on the
			 vendor selection criteria for competitive price or minimum variety and quantity
			 of authorized WIC foods.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 55 - TRAINING ON LIFESAVING TREATMENTS › Section 333-055-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 OAR 333-055-0000  through 333-055-0035  is to describe the circumstances under
			 which these rules apply and to define the procedures for authorizing certain
			 individuals, when a licensed health care professional is not immediately
			 available, to administer:
(a) Epinephrine to
			 a person who has a severe allergic response to an allergen;
(b) Glucagon to a person who is experiencing
			 severe hypoglycemia when other treatment has failed or cannot be initiated; and
(c) Medication that treats adrenal
			 insufficiency to a student who is experiencing an adrenal crisis.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 55 - TRAINING ON LIFESAVING TREATMENTS › Section 333-055-0006 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Adrenal
			 crisis" means a sudden, severe worsening of symptoms associated with adrenal
			 insufficiency, such as severe pain in the lower back, abdomen or legs;
			 vomiting; diarrhea; dehydration; low blood pressure or loss of consciousness.
(2) "Adrenal insufficiency" means
			 a hormonal disorder that occurs when the adrenal glands do not produce enough
			 adrenal hormones.
(3) "Allergen"
			 means a substance, usually a protein, that evokes a particular adverse response
			 in a sensitive individual.
(4)
			 "Allergic response" means a medical condition caused by exposure to an
			 allergen, with physical symptoms that range from localized itching to severe
			 anaphylactic shock and that may be life threatening.
(5) "Emergency Medical Services Provider (EMS
			 Provider)" means a person who has received formal training in pre-hospital and
			 emergency care and is state-licensed to attend to any ill, injured or disabled
			 person. Police officers, fire fighters, funeral home employees and other
			 personnel serving in a dual capacity, one of which meets the definition of
			 "emergency medical services provider" are "emergency medical services
			 providers" within the meaning of ORS Chapter 682.
(6) "Hypoglycemia" means a condition in which
			 a person experiences low blood sugar, producing symptoms such as drowsiness,
			 loss of muscle control so that chewing or swallowing is impaired, irrational
			 behavior in which food intake is resisted, convulsions, fainting or coma.
(7) "Other treatment" means oral
			 administration of food containing glucose or other forms of carbohydrate, such
			 as jelly or candy.
(8) "Other
			 treatment has failed" means a hypoglycemic student's symptoms have worsened
			 after the administration of a food containing glucose or other form of
			 carbohydrate or a hypoglycemic student has become incoherent, unconscious or
			 unresponsive.
(9) "Paramedic"
			 means a person who is licensed by the Oregon Health Authority as a Paramedic.
(10) "Supervising professional"
			 means a physician licensed under ORS Chapter 677, or a nurse practitioner
			 licensed under ORS Chapter 678 to practice in this state and who has
			 prescription writing authority.
Stat. Auth.: ORS
				  433.810
Stats. Implemented: ORS
				  433.800 -
				  433.830
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 55 - TRAINING ON LIFESAVING TREATMENTS › Section 333-055-0015 - Educational Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Individuals
			 to be trained to administer glucagon and school personnel to be trained to
			 administer a medication that treats a student who has adrenal insufficiency and
			 who is experiencing symptoms of adrenal crisis based on the student's health
			 plan must be trained by:
(a) A physician
			 licensed under ORS Chapter 677;
(b) A nurse practitioner licensed under ORS
			 Chapter 678; or
(c) A registered
			 nurse licensed under ORS Chapter 678.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 55 - TRAINING ON LIFESAVING TREATMENTS › Section 333-055-0021 - Eligibility for Training

Current through Register Vol. 63, No. 7, July 1, 2024
In order to be eligible for training under OAR
				333-055-0015,
				a person must:
(1) Be 18 years of age
			 or older; and
(2) Have, or
			 reasonably expect to have, responsibility for or contact with at least one
			 other person as a result of the eligible person's occupational or volunteer
			 status, such as, but not limited to, a camp counselor, scout leader, forest
			 ranger, school employee, tour guide or chaperone.
Stat. Auth.: ORS
				  433.810
Stats. Implemented: ORS
				  433.820
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 55 - TRAINING ON LIFESAVING TREATMENTS › Section 333-055-0030 - Certificates of Completion of Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons who successfully complete
			 educational training under OAR 333-055-0000  through 333-055-0035  shall be given
			 a Public Health Division statement of completion signed by the individual
			 conducting the training. The statement of completion for the treatment of
			 allergic response training may also be used as an authorization to obtain
			 epinephrine if fully completed and personally signed by a nurse practitioner or
			 a physician responsible for the training program.
(a) A statement of completion for the
			 treatment of allergic response training may be obtained from the Oregon Health
			 Authority, Public Health Division, 800 NE Oregon Street, Suite 290, Portland,
			 Oregon 97232, Phone: (971) 673-1230.
(b) A statement of completion for emergency
			 glucagon providers is included in the training protocol available at
http://healthoregon.org/diabetes
.
(c) A statement of completion for school
			 personnel trained in the administration of a medication to treat adrenal crisis
			 is included in the treatment of adrenal insufficiency protocol available at
http://healthoregon.org/ems
.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 55 - TRAINING ON LIFESAVING TREATMENTS › Section 333-055-0035 - Circumstances in Which Trained Persons May Administer Epinephrine, Glucagon or a Medication to Treat Adrenal Crisis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person who holds a current statement of
			 completion pursuant to OAR 333-055-0030  may, in an emergency situation when a
			 licensed health care professional is not immediately available, administer
			 epinephrine to any person suffering a severe allergic response to an insect
			 sting or other allergen. The decision to give epinephrine should be based upon
			 recognition of the signs of a systemic allergic reaction and need not be
			 postponed for purposes of identifying the specific antigen which caused the
			 reaction.
(2) A person who holds a
			 current statement of completion pursuant to OAR 333-055-0030  may, in an
			 emergency situation involving an individual who is experiencing hypoglycemia
			 and when a licensed health care professional is not immediately available,
			 administer health care professional-prescribed glucagon to a person for whom
			 glucagon is prescribed, when other treatment has failed or cannot be initiated.
			 The decision to give glucagon should be based upon recognition of the signs of
			 severe hypoglycemia and the inability to correct it with oral intake of food or
			 drink.
(3) School personnel who
			 hold a current statement of completion pursuant to OAR 333-055-0030  may, in an
			 emergency situation involving a student diagnosed with adrenal insufficiency
			 who is experiencing symptoms of adrenal crisis and when a licensed health care
			 professional is not immediately available, administer health care
			 professional-prescribed medication to treat adrenal insufficiency. The decision
			 to give medication to a student with adrenal insufficiency should be based upon
			 the student's health plan in accordance with OAR 581-021-0037  and recognition
			 of the signs of adrenal crisis and need not be postponed.
Stat. Auth.: ORS
				  433.810
Stats. Implemented: ORS
				  433.825
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 56 - INFECTIOUS WASTE MANAGEMENT › Section 333-056-0010 - Purpose of Infectious Waste Administrative Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR
				333-056-0020 through
				333-056-0050 is to define terms related to infectious waste and to prescribe acceptable
				methods of storage and treatment of infectious waste.
Stat. Auth.: ORS 431.110, 433.004 & 459.395
Stats. Implemented: ORS
				  459.395
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 56 - INFECTIOUS WASTE MANAGEMENT › Section 333-056-0020 - Definitions Relating to Infectious Waste

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 333-056-0010  through 333-056-0050, unless the
				context requires otherwise, the following definitions apply:
(1) "Disposal" has the meaning given that
			 term in ORS 459.386.
(2) "Disposal site" has the meaning given
			 that term in ORS 459.005.
(3) "Division" means the Oregon Health
			 Authority, Public Health Division.
(4) "Health care facility" has the meaning
			 given that term in ORS
			 442.015.
(5) "Incineration" has the meaning given that
			 term in ORS 459.395.
(6) "Infectious waste" means biological
			 waste, cultures and stocks, pathological waste, or sharps, as those terms are
			 defined in ORS 459.386; or syringes.
(7) "Landfill" means a facility for the
			 disposal of solid waste involving the placement of solid waste on or beneath
			 the land surface.
(8)
			 "Noninfectious" means a state in which a disease causing agent is not capable
			 of causing an infection to occur.
(9) "Pathological waste" has the meaning
			 given that term in ORS
			 459.386.
(10) "Saturated waste" means waste that
			 contains enough body fluid that it would cause dripping of the body fluid from
			 the waste container, with or without compaction.
(11) "Sterilization" means, for purposes of
			 these rules, any process which changes infectious waste so that disease causing
			 agents contained within it are rendered non-infectious at the time the process
			 is completed.
(12) "Storage" has
			 the meaning given that term in ORS
			 459.386.
(13) "Syringe" means an instrument for the
			 injection of medicine or the withdrawal of body fluids that consists of a
			 hollow barrel fitted with a plunger and a hollow needle.
(14) "Transportation" has the meaning given
			 that term in ORS 459.386.
(15) "Treatment" means incineration,
			 sterilization or other method, technique or process approved by the Oregon
			 Health Authority, Public Health Division that changes the character or
			 composition of any infectious waste so as to render the waste noninfectious.
			 Treatment also includes methods of rendering waste noninfectious, which are
			 approved by the Environmental Quality Commission.
Statutory/Other Authority: ORS
				  431.110,
				  433.004 & 459.395
Statutes/Other Implemented: ORS
				  431.110,
				  433.004,
				  459.395,
				  459.386 &
				  459.400
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 56 - INFECTIOUS WASTE MANAGEMENT › Section 333-056-0040 - Infectious Waste Storage Times and Temperature

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Infectious waste shall be segregated from
			 other wastes by separate containment at the point of generation.
(2) Enclosures used for storage of infectious
			 waste shall be secured to prevent access by unauthorized persons and marked
			 with prominent warning signs.
(3)
			 Pathological waste, biological waste and cultures/stocks shall be treated or
			 disposed of pursuant to OAR
			 333-056-0010  through
			 333-056-0030  within seven days of generation, unless it is refrigerated (between 33 and 48
			 degrees Fahrenheit) or frozen (less than 32 degrees Fahrenheit). Refrigerated
			 or frozen infectious waste may be stored 30 days prior to treatment or
			 disposal.
(4) Prior to being
			 treated pursuant to OAR
			 333-056-0010  through
			 333-056-0030,
			 sharps contained in a leak proof, rigid, puncture resistant container which is
			 taped closed or tightly lidded to prevent loss of the contents may be stored
			 indefinitely.
(5) Generators that
			 produce 50 pounds or less of infectious waste in any calendar month shall be
			 exempt from the requirements pertaining to storage times and temperatures.
Stat. Auth.: ORS 431.110, 433.004 & 459.395
Stats. Implemented: ORS 431.110, 433.004 &
				  459.395
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 56 - INFECTIOUS WASTE MANAGEMENT › Section 333-056-0045 - Exemptions for Removal of Human Pathological Waste, Including Placentas, From a Health Care Facility

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notwithstanding any other provision in OAR chapter 333, division 56 or ORS
			 459.386 to
			 459.405, a health care facility
			 is authorized to release pathological waste other than a placenta to the donor
			 of the pathological waste or to an authorized representative of the donor, if
			 the recipient attests in writing that the pathological waste will be disposed
			 of by cremation, interment, or other means in accordance with ORS chapter 97,
			 and the facility complies with sections (4) and (5) of this rule.
(2) Notwithstanding any other provision in
			 OAR chapter 333, division 56 or ORS
			 459.386 to
			 459.405, a health care facility
			 may release a placenta to the individual from whom the placenta originated, or
			 to their designee, if the facility complies with sections (3) to (5) of this
			 rule, and the individual or their designee and the individual's health care
			 provider sign a form that contains at least the following:
(a) The individual's name, date of birth,
			 address and the name of the health care provider;
(b) An attestation by the individual or their
			 designee that the placenta will not be used for commercial purposes;
			 and
(c) An attestation by the
			 health care provider that:
(A) Since the
			 beginning of the pregnancy the individual tested negative for infection by
			 hepatitis B and human immunodeficiency viruses;
(B) The individual either tested negative for
			 hepatitis C virus since the beginning of the pregnancy or is not at risk for
			 hepatitis C; and
(C) To the health
			 care provider's knowledge, the individual has no infection that poses a threat
			 to persons who handle the placenta.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 56 - INFECTIOUS WASTE MANAGEMENT › Section 333-056-0050 - Prevention of Disease Transmission by Blood-Contaminated Sharp Objects

Current through Register Vol. 63, No. 7, July 1, 2024
Any person using sharp instruments (for example, needles,
				lancets, scalpels, syringes) for purposes of drawing blood, administering
				medication, or medical/surgical procedures on humans, shall dispose of such
				items in a manner that will protect any other handlers of this waste from
				injury. The disposal of such waste shall be in accordance with current
				recommendations of the U.S. Centers for Disease Control and Prevention, and
				shall include the use of impervious, rigid, puncture-proof containers. This
				rule applies to but is not limited to blood banks, plasmapheresis centers,
				medical clinics, dental offices, outpatient care centers, inpatient care
				facilities, hospitals, and home health agencies.
Statutory/Other Authority: ORS
				  431.110,
				  433.004 & 459.395
Statutes/Other Implemented: ORS
				  431.110,
				  433.004 &
				  459.395
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 60 - PUBLIC SWIMMING POOLS › Section 333-060-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules adopted pursuant to the provisions of ORS 448.011,
				prescribe the requirements for the construction and operation of public
				swimming pools, public wading pools and bathhouses. They are for the purpose of
				protecting the health, safety, and welfare of persons using those
				facilities.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 60 - PUBLIC SWIMMING POOLS › Section 333-060-0010 - Adoption by Reference

Current through Register Vol. 63, No. 7, July 1, 2024
Outside standards, listings and publications referred to in
				these sections are by reference made a part of these rules.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  183.355
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 60 - PUBLIC SWIMMING POOLS › Section 333-060-0020 - Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Swimming pools
			 and wading pools which were in public use before May 13, 1959, shall not be
			 required to comply with Structural Stability, OAR
			 333-060-0050(2);
			 and Dimensions,
			 333-060-0060(3) and
			 (4), provided such pools are operated in
			 compliance with all other rules of the Division relating to public swimming
			 pools.
(2) All swimming pools and
			 wading pools which were constructed and in use but were not in public use as
			 defined in Definitions, OAR
			 333-060-0015(19),
			 and were not licensed by the State Board of Health before June 10, 1959, shall
			 before being operated for any public use, have complete and detailed plans
			 submitted to the Division. A license to operate as a public pool shall not be
			 issued until the pool is made to comply with the requirements of these
			 rules.
(3) Any public wading pool
			 constructed before July 1, 2006, but not licensed by the Division or its agent
			 health department before that date, must obtain a license to operate:
(a) Wading pools, other than spray pools,
			 without water recirculation must comply with the requirements of OAR
			 333-060-0510(1)
 
			 or must cease operation;
(b) All
			 existing wading pools must provide protection against entrapment, hair
			 entanglement and evisceration in compliance with OAR
			 333-060-0510(2),
			 or cease operation by December 31, 2008.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 60 - PUBLIC SWIMMING POOLS › Section 333-060-0025 - Approval to Construct

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 person shall construct a public swimming pool, public wading pool, or bathhouse
			 adjacent thereto, or alter any such structures without:
(a) Submitting complete plans and
			 specifications to the Division; and
(b) Receiving a written plan approval or
			 conditional approval from the Division.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 60 - PUBLIC SWIMMING POOLS › Section 333-060-0030 - Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Plans and
			 specifications shall be prepared by a professional engineer or architect
			 registered in the State of Oregon. Specific exemptions to this requirement may
			 be granted by the Division, where in the judgment of the Division no
			 architectural or engineering problems are presented and the plans accurately
			 depict the proposed pool and address all requirements of these rules.
(2) Plans shall be submitted in duplicate,
			 drawn to scale and shall include:
(a) One
			 plan view;
(b) One longitudinal
			 section;
(c) One transverse section
			 through the main drain;
(d) One
			 overall plan showing the pool in relation to other facilities in the area.
			 (This plan may be combined with subsection (2)(a) of this rule.);
(e) One detailed view of the equipment room
			 layout;
(f) One vicinity
			 map;
(g) One piping schematic
			 showing piping, pipe size, inlets, main drains, skimmers, gutter outlets,
			 vacuum fittings, and all other appurtenances connected to the pool piping
			 system. (This plan may be combined with subsection (2)(a) of this
			 rule);
(h) One cross section of the
			 step treads and risers.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 60 - PUBLIC SWIMMING POOLS › Section 333-060-0035 - Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person shall
			 operate a public swimming pool or public wading pool without:
(a) Securing an approved final construction
			 inspection from the Division or its agent; or, if an unlicensed wading pool
			 constructed before July 1, 2006, a compliance inspection. The compliance
			 inspection will show items of non-compliance that need to be corrected before
			 license issuance or the need to comply with the requirements of OAR
			 333-060-0510;
(b) Making application for a license to
			 operate such pool;
(c) Paying the
			 license fee; and
(d) Securing a
			 license from the Division or delegate county health department.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 60 - PUBLIC SWIMMING POOLS › Section 333-060-0040 - Conditional Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Conditional
			 licenses may be issued by the Division in circumstances where:
(a) There is substantial compliance with
			 these rules;
(b) A written schedule
			 for total compliance approved by the Division is instituted and maintained;
			 and
(c) In the judgment of the
			 Division, there is no immediate threat to the health and safety of bathers
			 during the time in which complete compliance is attained. The Division may also
			 require special safeguards to be instituted and maintained as a condition of
			 the conditional license.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 60 - PUBLIC SWIMMING POOLS › Section 333-060-0045 - Maintenance and Modification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 equipment of public swimming pools and public wading pools shall be operational
			 and shall be kept in good repair. Such equipment shall be maintained in
			 conformance with the original design or better.
(2) The structural components of all public
			 swimming pools and their appurtenances shall be maintained in good
			 repair.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS 448.005 - 448.100,
				  448.990
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 60 - PUBLIC SWIMMING POOLS › Section 333-060-0050 - Structural Stability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All public
			 swimming pools and public wading pools shall be watertight, constructed of
			 waterproof and enduring materials compatible with the swimming pool environment
			 and shall be designed to withstand all anticipated loading for both pool-empty
			 and pool-full conditions.
(2) Where
			 a high water table may be encountered, provisions shall be made for relief of
			 hydrostatic pressure from under the pool floor and/or around the pool
			 walls.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS 448.005 - 448.100,
				  448.990
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 60 - PUBLIC SWIMMING POOLS › Section 333-060-0055 - Size

Current through Register Vol. 63, No. 7, July 1, 2024
Public swimming pools shall be sized according to and shall not
				exceed the design limit of the user load functions shown below. User loads are
				specific in-pool loads only. Area of deep water, "D" equals the surface area of
				the pool greater than five feet (1.5m) deep. Area of shallow water, "S" equals
				the surface area of the pool less than five feet (1.5m) deep. Surface area, "A"
				equals the area of the entire pool:
(1) Outdoor swimming pools with a surface
			 area of more than 2,000 square feet -- Max. load = (D / 27) + (S /
			 15);
(2) Outdoor swimming pools
			 with a surface area of less than 2,000 square feet -- Max. load = A /
			 24;
(3) Indoor swimming pools --
			 Max. load = A /24;
(4) Spray pools,
			 wading pools -- Max. load = A / 24.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  440.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 60 - PUBLIC SWIMMING POOLS › Section 333-060-0060 - Dimensions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Public swimming
			 pools and public wading pools shall have no sharp edges or protrusions where
			 walls meet at an acute angle. Public swimming pools and public wading pools
			 shall be shaped so as to provide for complete water recirculation and mixing.
			 Walls in public wading pools must be vertical with a 3 to 6-inch (75 - 150 mm)
			 radius at the pool wall/ pool floor juncture.
(2) There shall be no wall ledges in public
			 swimming pools.
(3) Public swimming
			 pools shall be not less than 3' (90cm) nor more than 3'6" (105cm) in depth at
			 their shallowest point.
(4) Walls
			 in public swimming pools shall be vertical or within 11 degrees of vertical for
			 a minimum distance of 2'9" (82.5cm) in deep areas or 2'6" (75cm) in shallow
			 areas from which point they may be radius to join the floor.
(5)
(a)
			 Break in grade shall occur at dept no shallower than 5' (1.5m), except pools
			 built prior to March 1, 1979, shall be uniform to a depth of 4'6" (1.4m), and
			 shall not exceed the following:
(A)
			 General-use pools: 1' of fall in 12' (30cm in 3.7m) horizontally;
(B) Limited-use pools: 1' of fall in 10'
			 (30cm in 3m) horizontally.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 60 - PUBLIC SWIMMING POOLS › Section 333-060-0065 - Finishes, Markings and Lifelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a)
			 Wall and floor finishes shall be of non-toxic materials, shall be impervious
			 and enduring. Such finishes shall be smooth and easily cleanable.
(b) Floors and walls of public swimming pools
			 and public wading pools shall be white, of a light color or a light-colored
			 pattern.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 60 - PUBLIC SWIMMING POOLS › Section 333-060-0070 - Illumination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Where
			 underwater lighting is used, not less than 0.5 watts incandescent or the
			 equivalent shall be employed per square foot of pool area.
(2) Where underwater lighting is used, and
			 night or indoor swimming is permitted, area lighting shall be provided for the
			 deck areas and directed away from the pool surface. No less than 0.6 watts
			 incandescent or the equivalent per square foot of deck area shall be
			 used.
(3) Where underwater lighting
			 is not employed and night swimming is permitted, area and pool lighting
			 combined shall be provided at not less than two watts incandescent or the
			 equivalent per square foot of deck area.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 60 - PUBLIC SWIMMING POOLS › Section 333-060-0075 - Ventilation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A public
			 swimming pool or public wading pool license holder must ensure that there is
			 sufficient ventilation to prevent build-up of harmful amounts of moisture or
			 chemical byproducts in the air of buildings enclosing swimming pools and public
			 wading pools.
(2) A public
			 swimming pool or public wading pool built or renovated after September 1, 2014,
			 and enclosed in a building must have a ventilation system that complies with
			 the requirements of the
Oregon Structural Specialty Code, 2014
			 Edition
, and the
Oregon Mechanical Specialty Code, 2014
			 Edition
, both incorporated by reference.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS 448.005 - 448.100,
				  448.990