reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0070 - Procedures for Assessment, Decontamination, Sampling and Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A contractor
			 who has been retained to assess a property shall submit all information,
			 proposals and the appropriate fee to the Division on the form supplied by the
			 Division.
(a) The contractor shall assess the
			 site and characterize the extent of contamination by, but not limited to, the
			 following:
(A) Securing any documentation
			 available from the Division, the determining agency, other appropriate state
			 agencies or other sources regarding the nature and extent of the illegal drug
			 activity and evidence of such activity;
(B) Evaluating the property site to determine
			 the nature and extent of observable damage and contamination;
(C) Providing a written site assessment with
			 an accompanying sampling and analysis plan. The contractor shall submit the
			 assessment and sampling plan, along with the appropriate fee listed in OAR
			 333-040-0180(4),
			 to the Division for approval prior to commencement of the decontamination
			 work;
(D) Supervising qualified,
			 third-party sampling personnel, as set forth in OAR
			 333-040-0135,
			 in the collection of site samples;
(E) Arranging for the qualified scientific
			 testing of air, surfaces, and articles and materials on or taken from the
			 site;
(F) Providing a brief written
			 description of the contaminated site and buildings, and a scale drawing of the
			 property including the location and type of all site structures; floor plans
			 drawn to reasonable scale of all affected buildings; location of any surface
			 waters, wells, and/or septic tanks; location of any damage, observable
			 contamination, chemical storage, dump sites, burn piles, or drug lab
			 operations;
(G) Supplying
			 photographs of the site and the interior and exterior of any buildings,
			 vehicles, boats or other potentially contaminated structures or areas. These
			 photographs must show any damage, observable contamination or identified dump
			 sites that may be present;
(H)
			 Providing a list of the sample locations, methods, and laboratory tests to be
			 performed prior to decontamination of the property, and a list of the articles
			 and materials that may need removal from the site during the decontamination
			 process; and
(I) Supplying the name
			 of the company retained to collect the samples, name(s) of the analytical
			 laboratory(ies) performing the analyses on the samples, and the name and
			 qualifications of the sample collector.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0080 - Compliance with Regulations and Disposing of Contents of Unfit for Use Properties

Current through Register Vol. 63, No. 7, July 1, 2024
A contractor must conduct any abatement activities in
				compliance with applicable state and federal regulations. Permits may be
				required for such activities. The contractor shall provide written
				documentation to the Division of proper disposal of all materials removed from
				unfit for use properties.
Stat. Auth.: ORS 453.864
Stats. Implemented: ORS 453.855 - ORS
				  453.912
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0090 - Destruction of Unfit for Use Property

Current through Register Vol. 63, No. 7, July 1, 2024
Property found to be unfit for use may be demolished all or in
				part in order to remove the contamination. A contractor shall comply with all
				state and local requirements, including any permits, for protecting health and
				the environment in any Division-approved demolition, and shall remove or
				contain all hazards resulting from the illegal drug manufacturing. A contractor
				shall submit a written work plan to the Division and receive written approval
				from the Division prior to the demolition. Where required, permits for
				demolition shall also be obtained from the Building Codes Division, city or
				county building authority before demolition begins.
Stat. Auth.: ORS 453.864
Stats. Implemented: ORS 453.855 - ORS
				  453.912
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0100 - Disclosure for Sale or Transfer of Illegal Drug Manufacturing Sites

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner of
			 unfit for use property may transfer or sell the property before a Certificate
			 of Fitness is issued if the owner provides full written disclosure to the buyer
			 or transferee. The owner shall attach the disclosure statement to the earnest
			 money receipt, if any, or otherwise attach the disclosure statement to the sale
			 or transfer document for each transaction, and shall, at a minimum, include
			 each of the following:
(a) A verbatim
			 statement as follows: "The property in this transaction has been determined to
			 be an illegal drug manufacturing site and cannot be rented, leased, entered or
			 used for any reason without first being issued a Certificate of Fitness by the
			 Oregon Public Health Division." The statement shall be in 10-point, bold type
			 or equivalent;
(b) A brief
			 description of the property including street address and legal
			 description;
(c) A brief
			 description of the kind and location of all drug manufacturing activities on
			 the property if known;
(d) The name
			 and address of the owner of record, the name and address of the
			 buyer/recipient, and the date of the transfer;
(e) The name of the agency that determined
			 the property was unfit for use;
(f)
			 The address and telephone number of the agency that made the above
			 determination; and
(g) A photocopy
			 of the written notice of determination as issued by the determining agency
			 listed in ORS 453.876.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0120 - Contractor Listing

Current through Register Vol. 63, No. 7, July 1, 2024
The Division shall maintain a complete listing of Drug
				Laboratory Decontamination Contractors and shall provide copies of the list as
				follows:
(1) To the Director of the
			 Department of Consumer and Business Services who shall supply the list and
			 updates to local building code enforcement agencies;
(2) To the Administrator of each county
			 health department in the state;
(3)
			 Upon request, to any property owner, prospective buyer, licensee or other
			 interested person.
Stat. Auth.: ORS 453.864
Stats. Implemented: ORS 453.855 - ORS
				  453.912
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0130 - On-Site Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 contractor shall insure that at all times during site assessment and sampling
			 activities on illegal drug manufacturing sites, a qualified supervisor employed
			 by the contractor shall be on site and responsible for the activities
			 performed. The Division may also require the presence of such a supervisor on
			 these sites during decontamination activities. Supervisors shall at all times
			 while on site carry identification provided by the Division attesting to their
			 training and credentials.
(2) An
			 applicant for a decontamination license must demonstrate that it has one or
			 more qualified supervisors on staff.
(3) A contractor may not perform any illegal
			 drug manufacturing site activities unless the contractor has at least one
			 certified supervisor.
Stat. Auth.: ORS 453.864
Stats. Implemented: ORS 453.855 - ORS
				  453.912
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0135 - Qualifications and Training of Sampling Personnel

Current through Register Vol. 63, No. 7, July 1, 2024
Persons collecting site samples shall have the following
				minimum qualifications:
(1) Have
			 completed hazardous materials training, as set forth in OAR
			 333-040-0110(5);
			 and
(2) Be a certified Industrial
			 Hygienist (CIH); or
(3) Have a
			 Bachelor of Science Degree in Health and Safety, Industrial Hygiene,
			 Environmental Sciences, or Basic Sciences, and six months experience working
			 with or for a professional environmental or industrial hygiene firm,
			 Occupational Safety and Health Administration (OSHA), Environmental Protection
			 Agency (EPA), Department of Environmental Quality (DEQ), or for an
			 environmental laboratory certified under a state, federal, or professional
			 program; or
(4) Have an Associate
			 Degree in Hazardous Materials Management or Environmental
			 Evaluations/Chemistry, and one year experience working under the direct
			 supervision of personnel identified in section (2) or (3) of this rule. Persons
			 who have been collecting samples at drug lab sites consistently since prior to
			 January 1, 2000, are exempt from the requirements in sections (2), (3), and (4)
			 of this rule.
Stat. Auth.: ORS 453.864
Stats. Implemented: ORS 453.855 - ORS
				  453.912
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0140 - Entry and Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
Properties determined to be unfit for use may be entered and
				inspected as set forth in ORS 453.873 and Oregon Laws 1999, chapter 861. Law
				enforcement officials may accompany such entries for safety or security
				purposes. The owner, manager, tenant, or occupant of such property shall allow
				access to all parts of such property for these purposes and for quality control
				evaluations pursuant to OAR
				333-040-0150 from the date of the finding that the property is unfit for use and up to six
				months after a Certificate of Fitness has been issued.
Stat. Auth.: ORS 453.864
Stats. Implemented: ORS 453.855 - ORS
				  453.912
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0150 - Quality Control Checks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Division or designated agents may inspect, evaluate and perform tests upon any
			 property for which a Certificate of Fitness has been requested or issued. The
			 inspection, evaluation and tests shall determine whether the approved work plan
			 was followed, whether post-cleaning tests submitted meet the requirements of
			 OAR
			 333-040-0070(3),
			 and whether the property has been decontaminated adequately. The contractor
			 shall be subject to license revocation, suspension, civil penalties or other
			 penalties as set forth in ORS 453.990 if inadequate decontamination is
			 found.
(2) The Division may monitor
			 the work of any contractor at any illegal drug manufacturing site.
Stat. Auth.: ORS 453.864
Stats. Implemented: ORS 453.855 - ORS
				  453.912
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0170 - Advice and Consultation

Current through Register Vol. 63, No. 7, July 1, 2024
Between the dates of scheduled training for contractors as set
				forth in ORS 453.888, the Division shall be available to consult with
				contractors, as well as those planning to become contractors, on information
				pertinent to illegal drug manufacturing sites, including but not limited to
				chemicals found at such sites and their toxicity, new or revised
				decontamination procedures, personal protective equipment and applicable
				federal regulations and state rules.
Stat. Auth.: ORS 453.864
Stats. Implemented: ORS 453.855 - ORS
				  453.912
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0180 - Licenses and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 applicants applying for an initial license, the following fees are payable to
			 the Division:
(a) Drug Site Decontamination
			 Contractors initial training course
(A)
			 Course Registration and Processing fee: $150.00;
(B) Initial Examination fee (each time
			 taken): $100.00;
(C) Refresher
			 Course fee: $100.00.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0190 - Reciprocity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division
			 may provide reciprocal licensure for contractors licensed in another state, and
			 reciprocal certification for supervisors and workers trained and certified in
			 another state if standards and training are substantially equivalent to these
			 rules. Applications for a decontamination contractor license or
			 worker/supervisor certification are subject to review and approval by the
			 Division. Applicants for reciprocity shall submit to the Division:
(a) A completed application on a form
			 provided by the Division;
(b)
			 Documentation of specialized training for drug manufacturing site
			 decontamination;
(c) Evidence of
			 successful completion of training as set forth in OAR
			 437-002-0100(18)
 
			 and  29 CFR 1910.120 (e);
(d)
			 Evidence of registration, bonding, and insurance with the Oregon Construction
			 Contractor's Board; and
(e) A fee
			 as set forth in OAR
			 333-040-0180.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0230 - Denial, Suspension, Revocation of License and Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 for an initial license as a Drug Laboratory Decontamination Contractor will be
			 denied if the applicant fails to meet any of the qualifications or requirements
			 of these rules.
(2) The Division
			 may deny, suspend or revoke the license of any contractor pursuant to ORS
			 453.888, ORS 183.310 to 183.550 and Oregon Laws 1999, chapter 849.
(3) Denials, suspensions and revocations of
			 licenses are contested cases subject to ORS 183 and Oregon Laws 1999, chapter
			 849 and the model procedural rules of the Attorney General.
Stat. Auth.: ORS 453.864
Stats. Implemented: ORS 453.855 - 453.912 &
				  453.995
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 46 - VACCINES FOR CHILDREN (VFC) PROGRAM › Section 333-046-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The VFC program is a federally funded program established in
				1993 through the Omnibus Budget Reconciliation Act (OBRA). Known as section
				1928 of the Social Security Act, the VFC program is an entitlement program for
				children, age 18 and younger who are categorically eligible. Categories of
				eligibility are limited to: enrollment in Medicaid; lack of health insurance;
				American Indian/Alaskan Native heritage; and in federally-qualified health
				centers and rural health clinics, insurance that does not cover immunizations.
				The VFC program provides vaccines recommended by the Advisory Committee on
				Immunization Practices (ACIP) at no cost, besides an administration fee, to the
				recipient.
Stat. Auth.: ORS
				  413.042,
				  431.250
Stats. Implemented: ORS
				  413.042,
				  431.250
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 46 - VACCINES FOR CHILDREN (VFC) PROGRAM › Section 333-046-0020 - Adoption by Reference

Current through Register Vol. 63, No. 7, July 1, 2024
Outside standards, listings and publications referred to in
				these rules are by reference made a part of these rules as if fully set
				forth.
Stat. Auth.: ORS
				  413.042,
				  431.250
Stats. Implemented: ORS
				  413.042,
				  431.250
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 46 - VACCINES FOR CHILDREN (VFC) PROGRAM › Section 333-046-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "ACIP" means
			 the Advisory Committee on Immunization Practices, a group of experts convened
			 by the Centers for Disease Control and Prevention to provide guidance and
			 advice on the immunization of the civilian population.
(2) "Alaskan Native" means a person who
			 self-identified as having Alaskan Native heritage.
(3) "ALERT IIS" means the ALERT Immunization
			 Information System.
(4) "American
			 Indian" means a person who self-identifies as having Native American heritage.
(5) "Authority" means the Oregon
			 Health Authority.
(6) "CDC" means
			 the Centers for Disease Control and Prevention.
(7) "Clinic" means a facility providing
			 medical services to outpatients. A clinic may have a solo practitioner or be a
			 group practice. Pharmacies that provide immunization services are also
			 considered clinics for the purposes of this rule.
(8) "FQHC" means a federally-qualified health
			 center.
(9) "Oregon Vaccine
			 Management Guide" means a document produced by the Authority that describes
			 provider requirements for vaccine inventory, management and storage of
			 federally-supplied vaccines.
(10)
			 "Prescriber" means a professional with prescription writing privileges
			 currently licensed in Oregon.
(11)
			 "RHC" means a federally-designated rural health clinic.
(12) "Underinsured" means a person that has
			 health insurance that does not cover immunizations, or health insurance that
			 covers some recommended immunizations but not all recommended immunizations.
(13) "Uninsured" means a person
			 that does not have any kind of health insurance.
(14) "VFC Operations Guide" means the
			 document produced annually by the Immunization Services Division of the CDC
			 that outlines the policies and procedures that must be followed by states
			 participating in the federal VFC program.
(15) "VFC Program Agreement" means a document
			 provided by the Authority in compliance with CDC regulations that sets forth
			 the requirements of the VFC program and allows clinics to indicate the number
			 of patients served annually.
Stat. Auth.: ORS
				  413.042,
				  431.250
Stats. Implemented: ORS
				  413.042,
				  431.250
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 46 - VACCINES FOR CHILDREN (VFC) PROGRAM › Section 333-046-0040 - Clinic Enrollment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only
			 prescribers authorized by the Authority may receive federally-purchased
			 vaccines provided by the VFC program.
(2) Application for the VFC program requires
			 the clinic's principal provider, medical director or clinic administrator to
			 complete a VFC Program Agreement that estimates the number of patients served
			 and documents the prescriber's agreement to ensure that the clinic, and all of
			 its prescribers, complies with all VFC program requirements.
(3) In a solo practice, forms must be signed
			 by the primary prescriber.
(4) In
			 a group practice, forms must be signed by the medical director or clinic
			 administrator. The signer will be held accountable for compliance of the entire
			 organization and all prescribers using VFC vaccine in the practice.
(5) Prior to enrollment, clinics must have an
			 enrollment site visit by the Authority.
(6) Clinics must re-submit an updated signed
			 VFC Program Agreement:
(a) Annually; and
(b) When the number of children
			 served changes enough to require an adjustment in the amount of vaccine needed
			 ; or
(c) The status of the clinic
			 changes during a calendar year.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 46 - VACCINES FOR CHILDREN (VFC) PROGRAM › Section 333-046-0050 - Vaccine Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Enrolled
			 clinics may only provide VFC vaccine to children under the age of 19 years.
(2) Enrolled clinics may only
			 provide vaccine to children in one of the following categories:
(a) Children enrolled in the Oregon Health
			 Plan; or
(b) Children with
			 American Indian/Alaskan Native heritage; or
(c) Uninsured children; or
(d) In FQHCs or RHCs only, children who are
			 underinsured.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 46 - VACCINES FOR CHILDREN (VFC) PROGRAM › Section 333-046-0060 - Patient Consent and Administration Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Clinics may not bill any insurer or
			 guarantor for the cost of vaccines provided by the VFC program.
(2) Clinics may charge a vaccine
			 administration fee for each VFC vaccine provided. The administration fee may
			 not exceed the limit set for Oregon by the United States Department of Health
			 and Human Services.
(3) Vaccine
			 administration fees may be billed to a patient's insurer, if applicable.
(4) If a regular patient of the
			 clinic is unable to pay the administration fee, the prescriber must waive the
			 charges for vaccine administration. Other applicable visit or office fees
			 incurred do not have to be waived.
Stat. Auth.: ORS
				  413.042,
				  431.250
Stats. Implemented: ORS
				  413.042,
				  431.250
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 46 - VACCINES FOR CHILDREN (VFC) PROGRAM › Section 333-046-0070 - Program Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Clinics
			 must adhere to all terms detailed in the VFC Program Agreement.
(a) The Authority may, at its discretion,
			 revise the VFC Program Agreement as posted on the Oregon VFC website. The
			 Authority will provide 30 days written notice, via listserv electronic mail, to
			 prescribers of revisions to the VFC Program Agreement.
(b) A prescriber's submission of a vaccine
			 order after receipt of such notice shall be considered the prescriber's
			 acceptance of the agreement revisions. If a prescriber does not wish to accept
			 and be bound by the revisions to VFC Program Agreement, the prescriber may
			 contact the Oregon VFC program to arrange pick-up of any remaining
			 state-supplied vaccine.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 46 - VACCINES FOR CHILDREN (VFC) PROGRAM › Section 333-046-0080 - Record Keeping

Current through Register Vol. 63, No. 7, July 1, 2024
Clinics must keep all records related to the VFC program for a
				minimum of three years and make them available to the Authority for review upon
				request.
Stat. Auth.: ORS
				  413.042,
				  431.250
Stats. Implemented: ORS
				  413.042,
				  431.250
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 46 - VACCINES FOR CHILDREN (VFC) PROGRAM › Section 333-046-0090 - Provider Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
The Authority may terminate a clinic's or prescriber's
				participation in the VFC program based on the following:
(1) Violation of the terms of the VFC Program
			 Agreement.
(2) Conviction of fraud
			 related to any federal, state, or locally financed health care program or
			 commission of an act that is subject to criminal or civil penalties under
			 Medicaid statutes.
(3) Conviction
			 of interference with the investigation of health care fraud.
(4) An action by a state licensing authority
			 relating to a prescriber's professional competence, professional conduct, or
			 financial integrity, that results in the prescriber either:
(a) Having his or her license suspended or
			 revoked; or
(b) Surrendering the
			 license while a formal disciplinary proceeding was pending before a licensing
			 authority.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 46 - VACCINES FOR CHILDREN (VFC) PROGRAM › Section 333-046-0100 - Clinic Probation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 in cases of suspected fraud, when a clinic is sanctioned by the Authority for
			 the first time under OAR 333-046-0090  sections (1), (6) or (7), the Authority
			 will offer a clinic the opportunity to voluntarily sign a probationary
			 agreement before removing the clinic from the VFC program in accordance with
			 OAR 333-046-0110.
(2) The terms of
			 the probationary agreement will be determined by the violations that have been
			 identified by the Authority. The final probationary agreement will be approved
			 by the Immunization Program manager or their designee.
(3) Failure to return a signed copy of the
			 final probationary agreement within 14 calendar days of receipt of the
			 agreement by the clinic will forfeit any right to a probationary agreement
			 under section (1) of this rule.
(4) A probationary agreement may be in effect
			 for no longer than 12 months before a final resolution is determined. If the
			 clinic has complied with all clauses of the agreement during the probationary
			 period, the clinic will be returned to regular status with the VFC program. If
			 the clinic has not complied with all clauses of the agreement during the
			 probationary period, the clinic will be removed from the VFC program under OAR
			 333-046-0110.
Stat. Auth.: ORS
				  413.042,
				  431.250
Stats. Implemented: ORS
				  413.042,
				  431.250
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 46 - VACCINES FOR CHILDREN (VFC) PROGRAM › Section 333-046-0110 - Removal from the VFC Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 a clinic is sanctioned by the Authority under OAR 333-046-0090  sections (2)
			 through (5), the Authority will immediately remove the clinic, and all
			 associated prescribers, from the VFC program under the provisions of this rule.
(2) When the Authority determines
			 that a clinic should be removed from the VFC program, written notification will
			 be sent by certified mail to the prescriber who signed the VFC Program
			 Agreement.
(3) Clinics and
			 prescribers that have been removed from the VFC program may apply for
			 conditional re-enrollment no sooner than 12 months after their removal from the
			 program.
(4) The written
			 notification will include the rationale behind the removal and inform the
			 clinic of the right to appeal the decision within 60 calendar days.
Stat. Auth.: ORS
				  413.042,
				  431.250
Stats. Implemented: ORS
				  413.042,
				  431.250
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 46 - VACCINES FOR CHILDREN (VFC) PROGRAM › Section 333-046-0120 - Clinic Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A clinic may
			 appeal an Authority decision in which the clinic is directly adversely affected
			 such as the following:
(a) A denial of an
			 application for new or continued participation in the VFC program.
(b) Sanctions imposed, or intended to be
			 imposed, by the Authority on a clinic.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 46 - VACCINES FOR CHILDREN (VFC) PROGRAM › Section 333-046-0130 - Conditional Re-enrollment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Clinics
			 and prescribers that have been removed from the VFC program under OAR
			 333-046-0110  may apply for conditional re-enrollment 12 months after the
			 removal.
(2) Re-enrollment will be
			 conditional on the clinic correcting any deficiencies that led to their removal
			 from the VFC program.
(3) Clinics
			 accepted for re-enrollment will be subject to a probationary agreement as
			 detailed in OAR 333-046-0100  for a period of 12 months.
(4) Clinics that voluntarily disenroll from
			 the VFC program in lieu of agreeing to a probationary agreement will be subject
			 to a 12 month waiting period before requesting re-enrollment.
Stat. Auth.: ORS
				  413.042,
				  431.250
Stats. Implemented: ORS
				  413.042,
				  431.250
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 47 - STATE SUPPLIED VACCINE ACCOUNTABILITY › Section 333-047-0010 - Definitions Used in the Vaccine Accountability Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All definitions of ORS
			 433.090 and
			 433.235 apply to these rules.
(2) In
			 addition to the definitions of ORS
			 433.090 and
			 433.235,
			 the following definitions apply:
(a)
			 "Authority" means the Oregon Health Authority.
(b) "Authority's Immunization Registry" means
			 the immunization information system (IIS) established by the Authority under
			 ORS
			 433.094 and OAR chapter 333, division 49.
(c) "Certify" means to attest, in writing, on
			 a form prescribed by Oregon Health Authority that at least two employees,
			 owners or partners have completed required vaccine-related trainings as
			 provided or approved by Oregon Health Authority.
(d) "Entity" means a health clinic or
			 provider, pharmacy or pharmacist who receives state-supplied vaccine.
(e) "Oregon Immunization Program" means
			 Oregon Health Authority, Public Health Division, Immunization
			 Program.
(f) "Public Health
			 Division" means the Oregon Health Authority, Public Health Division.
(g) "Receives vaccines" means an entity is
			 supplied with vaccines by the Oregon Immunization Program, including vaccines
			 acquired with federal and state funds, including the Vaccines for Children
			 Program (VFC), the Section 317 Vaccine Program, state Special Project vaccine,
			 and state Billable Project vaccine.
(h) "State supplied vaccine" means vaccine
			 provided by the federal government or the Oregon Immunization
			 Program.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 47 - STATE SUPPLIED VACCINE ACCOUNTABILITY › Section 333-047-0030 - Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any entity
			 receiving state supplied vaccine shall require that at least two currently
			 employed staff persons, owners or partners complete immunization related
			 training at least once every two years as follows:
(a) Clinical administration of vaccines;
			 and
(b) Storage, handling and
			 inventory management of vaccines.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 47 - STATE SUPPLIED VACCINE ACCOUNTABILITY › Section 333-047-0040 - Accounting for Vaccine

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 entity receiving state supplied vaccine shall account for all vaccines the
			 clinic administers (state-supplied and privately purchased) through data
			 submission and inventory management via the Authority's Immunization Registry,
			 as outlined in OAR 333-049-0010  through 333-049-0040  and for COVID-19 vaccine,
			 as outlined in OAR 333-047-1000.
(2) An entity receiving state supplied
			 vaccine may only transfer or redistribute vaccine to another Authority enrolled
			 provider.
Tables referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  433.103
Statutes/Other Implemented: ORS
				  433.103
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 47 - STATE SUPPLIED VACCINE ACCOUNTABILITY › Section 333-047-0050

Current through Register Vol. 63, No. 7, July 1, 2024
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  433.103
Statutes/Other Implemented: ORS
				  433.103
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 47 - STATE SUPPLIED VACCINE ACCOUNTABILITY › Section 333-047-1000 - COVID-19 Vaccine Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person or entity receiving, storing, administering, or transferring COVID-19
			 vaccine must report:
(a) All COVID-19 vaccine
			 dose administration and adjuvant (if applicable) within 24 hours of
			 administration.
(b) All on-hand
			 inventory of COVID-19 vaccine on a weekly basis, no later than 5 p.m. Pacific
			 Time on Sunday.
(c) All spoiled,
			 expired, or wasted COVID-19 vaccine to the Authority's Immunization Registry or
			 through a survey managed by the Authority within 24 hours of knowledge or
			 discovery of the spoilage, expiration or wasting.
(d) All transfers of COVID-19 vaccine within
			 24 hours of the transfer.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 47 - STATE SUPPLIED VACCINE ACCOUNTABILITY › Section 333-047-2000 - COVID-19 Vaccine Guidance and Consent Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule "COVID-19
			 vaccine administration site" means any location where COVID-19 vaccines are
			 administered.
(2) A person or
			 entity receiving state-supplied COVID-19 vaccine must comply with OAR
			 333-003-5000  regarding minor consent to vaccination.
(3) A COVID-19 vaccine administration site
			 must:
(a) Have a designated site
			 coordinator.
(b) Post signs, in
			 conspicuous locations with contact information for the designated site
			 coordinator, so people know who to contact if there are concerns about the site
			 or services provided.
(c) Provide
			 people who received their first dose of a vaccine at the site, with the date
			 and time to return for their second dose of a vaccine, if applicable.
(d) Provide a person who is vaccinated with a
			 vaccine card that shows at a minimum the date of the COVID-19 vaccination, the
			 location of the vaccine administration site, which vaccine was administered,
			 and the due date of the second dose, if applicable.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 48 - VACCINE EDUCATION AND PRIORITIZATION PLAN › Section 333-048-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				333-048-0010  through
				333-048-0030:
(1) "Division" means the Public Health
			 Division of the Oregon Health Authority.
(2) "Local Public Health Authority" means the
			 district or county Board of Health, Public Health Officer, Public Health
			 Administrator or health department having jurisdiction within the
			 area.
(3) "Sponsor" means any
			 medical practice, clinic, hospital, local health department, health system,
			 long-term-care facility, home-care agency, occupational health program,
			 pharmacy, or other entity that sponsors the direct provision of vaccination
			 services in Oregon.
(4) "High Risk"
			 means broad categories of people defined by the Advisory Committee on
			 Immunization Practices or the State Public Health Officer as being at increased
			 risk of severe disease or complications from a vaccine-preventable disease for
			 which the State Health Officer has declared a vaccine shortage pursuant to OAR
			 333-048-0020.
			 Risk categories may be further broken down into prioritized
			 sub-categories.
(5) "Low Risk"
			 means broad categories of people defined by the Advisory Committee on
			 Immunization Practices or the State Public Health Officer as being unlikely to
			 experience severe disease or complications from a vaccine-preventable disease
			 for which the State Health Officer has declared a vaccine shortage pursuant to
			 OAR
			 333-048-0020.
			 Risk categories may be further broken down into prioritized
			 sub-categories.
(6) "Provider"
			 means any health care practitioner, or other person, who can administer vaccine
			 directly to a patient.
(7)
			 "Vaccine" means any vaccine, any immune product or chemo prophylactic
			 medication.
(8) "Plan" means an
			 Oregon Vaccine Education and Prioritization Plan.
(9) "CD Summary" means the Oregon CD Summary,
			 an Oregon Health Authority publication sent to providers statewide.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 433.040
Stats. Implemented: ORS
				  433.040
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 48 - VACCINE EDUCATION AND PRIORITIZATION PLAN › Section 333-048-0020 - Plan Development

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 State Public Health Officer declares a vaccine shortage emergency, the Division
			 will adopt a Vaccine Education and Prioritization Plan specific for that
			 vaccine shortage.
(2) The plan will
			 include, but is not limited to:
(a) A
			 timeline that lists when specific vaccine administration activities can be
			 initiated by providers and/or sponsors;
(b) The risk categories, or sub-categories,
			 that will be covered with the vaccine that is available based on categories
			 developed and/or adopted by the Division;
(c) The role of the local public health
			 authorities in assuring that services are available to those in the designated
			 risk categories.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 48 - VACCINE EDUCATION AND PRIORITIZATION PLAN › Section 333-048-0030 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Penalties will
			 not be levied unless the State Public Health Officer declares a vaccine
			 shortage.
(2) If a complaint is
			 made to the Division about a provider and/or sponsor not acting in accordance
			 with the timeline of activities and the targeting of risk categories as
			 specified in a Vaccine Education and Prioritization Plan:
(a) An investigation will be initiated by the
			 Division within five working days;
(b) If the Division determines that a person
			 has knowingly violated the timeline of activities and the targeting of risk
			 categories as specified in the Vaccine Education and Prioritization Plan, such
			 violation shall be documented in the Health Service records and the provider
			 and/or sponsor notified of the determination. If the violation is a repeat
			 violation, a civil penalty shall be levied as set forth in the OAR
			 333-048-0030(2)(c);
(c) If the Division determines that a
			 provider and/or sponsor has committed a repeat violation of the timeline of
			 activities and targeting of risk categories as specified in the Vaccine
			 Education and Prioritization Plan, a fine of no more than $500 per incident
			 shall be levied against the provider and/or sponsor; and
(d) If the Division determines that a
			 provider has committed repeat violations as set forth in the OAR
			 333-048-0030(2)(c),
			 then the Division will report the provider to the appropriate licensing
			 authorities in addition to any civil penalties assessed by the
			 Division.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 49 - IMMUNIZATION INFORMATION SYSTEMS › Section 333-049-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All definitions
			 of ORS
			 433.090 and
			 433.235 apply to these rules.
(2) In
			 addition to the definitions of ORS
			 433.090 and
			 433.235,
			 the following definitions apply:
(a)
			 "Authorized user" has the meaning as defined in ORS
			 433.090(1).
(b) "Client" has the meaning as defined in
			 ORS
			 433.090(3).
(c) "Exempt" means the special status of
			 information on certain clients that will limit its disclosure.
(d) "Immunization Information System (IIS)"
			 means a registry of client and vaccination records.
(e) "Manager" means the manager of the
			 statewide IIS or his/her designee.
(f) "Oregon Immunization Program" means the
			 Oregon Health Authority, Public Health Division, Immunization
			 Program.
(g) "Program" means the
			 Oregon Health Authority, Public Health Division, Immunization
			 Program.
(h) "Public Health
			 Division" means the Oregon Health Authority, Public Health Division.
(i) "State Public Health Division Timelines"
			 means the schedule of reporting timelines shown in the Vaccine User
			 Accountability Reporting Table (OAR 333-047-0050), detailing data elements
			 required and when each element must be included for submission.
(j) "State supplied vaccine" means vaccine
			 provided by the federal government or the Oregon Immunization
			 Program.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 49 - IMMUNIZATION INFORMATION SYSTEMS › Section 333-049-0020 - Purpose and Intent

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to implement ORS
				433.090 through
				433.104,
				which:
(1) Authorizes the Public
			 Health Division to develop an IIS for all children and adults born or living in
			 Oregon; and
(2) Requires the Public
			 Health Division to adopt rules to develop and implement the IIS, including a
			 process by which a parent or guardian can control the transfer of information
			 from the immunization record when such control is necessary to protect the
			 health or safety of the family.
Statutory/Other Authority: ORS
				  433.100
Statutes/Other Implemented: ORS
				  433.092
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 49 - IMMUNIZATION INFORMATION SYSTEMS › Section 333-049-0030 - Enrollment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All children
			 born in the state shall be enrolled in the IIS.
(2) Any person who receives an immunization
			 in the state may be enrolled in the IIS.
(3) Nothing in these rules require the
			 consent of a parent, guardian or client prior to enrollment in
			 theIIS.
(4) For the purposes of
			 enrolling children in the IIS, the manager may identify children born in the
			 state from any birth record or abstract.
Statutory/Other Authority: ORS
				  433.094,
				  433.100  & 432.119
Statutes/Other Implemented: ORS
				  433.094  & 433.100
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 49 - IMMUNIZATION INFORMATION SYSTEMS › Section 333-049-0040 - Collection and Release of Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The IIS may collect information for a
			 client's immunization record from any authorized user. Such information to be
			 collected shall be determined by the program and provided to the IIS in a
			 format provided by the program.
(2)
			 The IIS may collect information for a client's tracking and recall record from
			 any authorized user. Information to be collected includes such information
			 necessary to contact the client or the parent or the guardian of a clientby
			 electronic mail, phone or mail. Such information shall be determined by the
			 program and provided to the tracking and recall system in a format provided by
			 the program.
(3) The program may
			 receive information from other Immunization Information Systems and may share
			 information with other such IISs, provided that the manager determines that
			 other IISs have confidentiality protection at least equivalent to those under
			 ORS
			 433.090 through
			 433.102 and these rules. The manager shall prescribe the information that may be shared
			 and the format for sharing information to and from other IISs.
(4) The program may release and publish
			 information in the IIS in an aggregate form that does not identify a
			 client.
Statutory/Other Authority: ORS
				  433.096,
				  433.094  & 432.119
Statutes/Other Implemented: ORS
				  433.096  & 433.094
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 49 - IMMUNIZATION INFORMATION SYSTEMS › Section 333-049-0050 - Reporting to the Immunization Information System (IIS)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any provider who participates in the IIS
			 and who administers immunizations shall report such immunization to the IIS
			 within 14 calendar days of such immunization, or for COVID-19 immunizations, in
			 accordance with OAR 333-047-1000.
(2) Any pharmacist who immunizes must report
			 all immunizations administered to the IISin accordance with OAR 855-019-0290,
			 or for COVID-19 immunizations, in accordance with OAR 333-047-1000.
(3) Reports shall be submitted to the IIS in
			 a manner as required by the program.
(4) Any authorized user may report
			 immunizations, and other such information, permitted under ORS
			 433.090(3)
			 and (5), as prescribed by the program, to the
			 IIS without the consent of the client or the parent or guardian of the client.
			 Reporting this information without the consent mentioned above shall not
			 subject a person to liability or civil action.
(5) Any authorized user who administers
			 state-supplied vaccine must report in a manner prescribed by the Oregon Health
			 Authority the following data elements for all administered doses to the
			 Statewide Immunization Information System in accordance with Public Health
			 Division timelines in the Vaccine User Accountability Reporting Table (OAR
			 333-047-0050) and for COVID-19 vaccine, in accordance with OAR 333-047-1000:
(a) The name, address, phone number, gender,
			 and date of birth of a client;
(b)
			 The date of administration of the vaccine;
(c) The CPT, CVX, or NDC code of the vaccine
			 administered;
(d) The dose-level
			 vaccine eligibility code;
(e) The
			 organizational identifier of the administering or reporting clinic or
			 site;
(f) The lot number of the
			 vaccine;
(g) The dose amount and
			 manufacturer of the vaccine, when available; and
(h) Other data elements as specified by the
			 Public Health Division.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 49 - IMMUNIZATION INFORMATION SYSTEMS › Section 333-049-0060 - Access to Immunization Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Clients, parents and guardians of children less than 18 years of age may
			 request a copy of their, or their child's, immunization record by submitting a
			 request for the record, as prescribed by the program.
(2) All other authorized users shall access
			 such records in a manner prescribed by the program.
Statutory/Other Authority: ORS
				  433.094  & 433.096
Statutes/Other Implemented: ORS
				  433.094  & 433.096
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 49 - IMMUNIZATION INFORMATION SYSTEMS › Section 333-049-0065 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of implementing ORS
				433.090 through
				433.104 fees
				may be charged in accordance with this rule:
(1) Fees may be charged to authorized users
			 including, but not limited to, the following: health plans, health provider
			 associations, private or non-profit institutions, other state registries,
			 federal health agencies or their contractors.
(2) Fees shall not be charged to the
			 following users: individual health care providers and clinics, Oregon schools,
			 Oregon children's facilities, Oregon hospitals or Oregon Health Authority,
			 Oregon Health Plan.
(3) Fees may be
			 waived or reducedat the discretion of the manager or Oregon Health Authority
			 Immunization Program Manager in accordance with Immunization Policy.
(4) Unless waived or exempt under subsection
			 (2) of this rule, a fee of up to $5 per client shall be charged to each
			 authorized user for each client-specific immunization data request.
Statutory/Other Authority: ORS
				  433.100
Statutes/Other Implemented: ORS
				  433.100