reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 49 - IMMUNIZATION INFORMATION SYSTEMS › Section 333-049-0070 - Limitations on Access to Information in the Immunization Information System and Tracking and Recall System

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An authorized user may only access information in the IIS or Tracking and
			 Recall System as follows:
(a) An authorized
			 user may access information on a client who is presently under that authorized
			 user's care, or enrolled in the authorized user's children's facility, school,
			 post-secondary educational institution, program or health plan, except as
			 otherwise provided by law.
(b) An
			 authorized user that is a state or local public health authority may, in
			 addition to accessing information described in subsection (1)(a) of this rule,
			 access information on an individual within a public health entity's
			 jurisdiction for:
(A) Assessment, evaluation,
			 surveillance and outreach related to immunization promotion and
			 vaccine-preventable disease prevention; and
(B) The Pregnancy Risk Assessment Monitoring
			 System (PRAMS).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 49 - IMMUNIZATION INFORMATION SYSTEMS › Section 333-049-0080 - Limitations on the Transfer of Information from the Immunization Information System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any parent
			 or guardian of a child who has a disease or condition that may preclude
			 administration of some or all immunizations may request a limitation on the
			 child's information that may be transferred from the IIS by providing a written
			 request to the program.
(2) Upon
			 verification of the information in the request, the program shall cause the IIS
			 to flag the client's record and to limit transfer of the information on the
			 client. The program shall also notify the parent or guardian of such action. No
			 information on such children will be disclosed in response to inquiries to the
			 IIS.
(3) Any parent or guardian of
			 a client may request a limitation on the transfer of child's information by
			 providing a written request to the program when the parent or guardian
			 reasonably believes there is a risk of harm to the child, or other family
			 members, where such person could be located through information from theIIS,
			 and the child or other family members may be harmed if located.
(a) The request for limitation must include a
			 statement and evidence that supports the request. Such evidence may include any
			 evidence accepted under ORS
			 192.445(2)(b)(A)-(E).
(b) Upon receipt of any request under this
			 section, the manager may cause the IIS to flag the child's record for a period
			 of 30 days until the request can be approved.
(c) Upon receipt of acceptable evidence to
			 support the request, the manager shall cause the IIS to flag the child's record
			 and to limit transfer of the information on the child. The manager shall also
			 notify the parent or guardian of such action.
(d) After approval of a request under this
			 section, such request will remain in effect until the program receives a
			 written request from the parent or guardian to remove the flag from the child's
			 record.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 49 - IMMUNIZATION INFORMATION SYSTEMS › Section 333-049-0090 - Notification of Needed Immunizations, Hearing Screening, or Lead Screening

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The program,
			 authorized user, or public health entity may contact or provide notice to
			 clients or parents and guardians of clients less than 18 years of age when the
			 tracking and recall system indicates that a client has missed:
(a) A scheduled immunization;
(b) Lead screening; or
(c) Hearing screening for clients zero
			 through 12 years of age.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 49 - IMMUNIZATION INFORMATION SYSTEMS › Section 333-049-0100 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Personal
			 identifying information from the IIS shall only be disclosed to authorized
			 users.
(2) An authorized user shall
			 not disclose information from the IIS except to another authorized
			 user.
(3) Any request for the
			 limitations on the transfer of information from the immunization record or the
			 immunization tracking and recall record shall be confidential.
(4) All providers with access to the IIS
			 shall provide to the program an agreement signed by such providers or their
			 authorized agent. The agreement shall be in a form prescribed by the program
			 and may include provisions to maintain the confidentiality of the information
			 in the IIS, and to only access information on clients under the care of such
			 persons.
Statutory/Other Authority: ORS
				  433.098
Statutes/Other Implemented: ORS
				  433.098
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 49 - IMMUNIZATION INFORMATION SYSTEMS › Section 333-049-0120 - Deletion of Information in the Immunization Information System and Tracking and Recall System

Current through Register Vol. 63, No. 7, July 1, 2024
A client who is 18 years of age or older may request to have
				their record sealed or removed from the IIS. The election of whether to seal
				the record or remove the record is at the sole discretion of the client.
(1) Process. A client requesting sealing or
			 removal of their IIS record must submit a form approved by the program for that
			 purpose. The client may elect to have their record sealed or removed from the
			 IIS. If the client does not elect either option, then their record will be
			 removed from the IIS.
(2) The
			 request for sealing or removal of a client's record must also include a legible
			 photocopy of one piece of photo identification. Acceptable identification
			 includes any of the following:
(a) A valid
			 state-issued driver's license or identification card;
(b) A passport; or
(c) A U.S. military identification
			 card.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 49 - IMMUNIZATION INFORMATION SYSTEMS › Section 333-049-0130 - Security

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All authorized
			 users shall abide by such security policies and procedures to safeguard
			 information in the IIS deemed necessary by the program. Such policies and
			 procedures may include, but are not limited to, confidentiality agreements, the
			 use of computer passwords, and user identification numbers. The program shall
			 provide copies of the policies and procedures to all authorized users who
			 participate in either or both the IIS or tracking and recall system.
(2) The program shall develop security
			 standards to safeguard the information in the IIS. The standards will address,
			 but not be limited to, the collection, transfer, storage, and processing of
			 information in the IIS and tracking and recall system.
(3) The program shall review the security
			 policies, procedures, and standards at least once each year and shall revise
			 such policies, procedures, and standards as necessary.
Statutory/Other Authority: ORS
				  433.098
Statutes/Other Implemented: ORS
				  433.098
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 50 - SCHOOL IMMUNIZATION RULES › Section 333-050-0020 - Purpose and Intent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of these rules is to implement ORS
			 433.235 through
			 433.284,
			 which require evidence of immunization, a medical or nonmedical exemption, or
			 immunity documentation for each child as a condition of attendance in any
			 school or facility, and which require exclusion from school or facility
			 attendance until such requirements are met.
(2) The intent of the school and facility
			 immunization statutes and these rules is to require that:
(a) A new enterer provide a signed and dated
			 Certificate of Immunization Status form documenting evidence of immunization,
			 documentation of medical or nonmedical exemption, or immunity
			 documentation.
(b) A transferring
			 child provide evidence of immunization, immunity documentation or an exemption:
(A) Within 30 days of initial attendance if
			 records will be requested from a school in the United States;
(B) Prior to initial attendance, as specified
			 in OAR 333-050-0020(2)(a), if records will not be requested from a school in
			 the United States;
(C) Prior to
			 initial attendance, as specified in OAR 333-050-0020(2)(a), if the child is
			 transferring from one facility to another;
(c) A child currently attending not be
			 allowed to continue in attendance without complete or up-to-date evidence of
			 immunization, immunity documentation, or an exemption.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 50 - SCHOOL IMMUNIZATION RULES › Section 333-050-0030 - Visitors, Part-Time Students, and Residents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any child visiting or attending a school
			 or facility on five or more different days in a given school year or residing
			 on the premises of a school or facility regardless of whether the child attends
			 classes or receives child care, at any age or grade through grade 12, shall be
			 subject to the requirements of either a new enterer or transferring child as
			 appropriate. Such residents and visitors for the purposes of these rules are in
			 attendance.
(2) Home-schooled,
			 private, or special education students or students in other non-traditional
			 educational settings are subject to these rules if they:
(a) Meet with an instructor in a school
			 building for any amount of time on a regular or irregular basis, but at least
			 five times per school year; or
(b)
			 Participate in sports or other activities through a school-sponsored program at
			 least five times per school year.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 50 - SCHOOL IMMUNIZATION RULES › Section 333-050-0040 - Statements (Records) Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The statement initially documenting evidence of immunization, immunity or
			 exemption under ORS 433.267(1)(a) through
			 (c) must be on a Certificate of Immunization
			 Status form or a form approved by the Public Health Division and include one or
			 more of the following:
(a) Evidence of
			 immunization signed by the parent, health care practitioner or an authorized
			 representative of the local health department;
(b) A written statement of medical exemption
			 signed by a physician or authorized representative of the local health
			 department and approved by an authorized representative of the local health
			 department;
(c) A written
			 statement of immunity documentation approved by an authorized representative of
			 the local health department;
(d) A
			 written statement of nonmedical exemption signed by the parent, including
			 documentation of completion of a vaccine educational module approved by the
			 Public Health Division or signature of a health care practitioner verifying
			 that the risks and benefits of immunizations have been discussed with the
			 parent; or
(e) A written statement
			 of disease history (immunity documentation) for varicella signed by a parent,
			 physician or authorized representative of the local health department.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 50 - SCHOOL IMMUNIZATION RULES › Section 333-050-0050 - Immunization Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule, immunization against the following diseases means
			 receipt of any vaccine licensed by the United States Food and Drug
			 Administration (or the foreign equivalent) for the prevention of that
			 disease.
(2) For purposes of ORS
			 433.267(1),
			 immunizations are required as follows (see Primary Review Table to determine
			 the number of required doses for a child's age or grade):
(a) Diphtheria/Tetanus/Pertussis containing
			 vaccine (DTaP) - Five doses must be received unless:
(A) The fourth dose was given at, within four
			 days prior to or after the fourth birthday, in which case the child is complete
			 with four doses; or
(B) The third
			 dose of Diphtheria/Tetanus containing vaccine was received at, within four days
			 prior to or after the seventh birthday, in which case the child is complete
			 with three doses.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 50 - SCHOOL IMMUNIZATION RULES › Section 333-050-0060 - Primary Review of Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 At least annually the administrator will conduct a primary review of each
			 child's record to determine the appropriate category of each child. This review
			 shall be completed no later than 35 calendar days prior to the third Wednesday
			 in February unless otherwise approved in writing first by the local health
			 department and then by the Public Health Division.
(2) The administrator shall categorize all
			 children as follows:
(a) "Complete or
			 Up-to-Date";
(b) "Nonmedical
			 Exemption": This category applies to any child whose incomplete immunizations
			 are covered by a nonmedical exemption;
(c) "Permanent Medical Exemption": This
			 category applies to any child who is susceptible as evidenced by a medical
			 exemption statement on file as specified by OAR
			 333-050-0050(6),
			 whose medical exemption statement has been reviewed by the local health
			 department and has been determined to be based on a contraindication that is
			 permanent;
(d) "Temporary Medical
			 Exemption": This category applies to any child who is susceptible as evidenced
			 by a medical exemption statement on file as specified by OAR
			 333-050-0050(7),
			 whose medical exemption statement has not been reviewed by the local health
			 department, or whose medical exemption is not permanent;
(e) "Incomplete/Insufficient";
(f) "No Record": This category applies to any
			 child with no record on file at the school or facility. This category also
			 applies to any child with a nonmedical exemption signed on or after August 1,
			 2008 with no vaccines selected for nonmedical exemption and with no vaccine
			 dates;
(g) "Children not to be
			 counted": School age children also attending a facility should be counted by
			 the school. Children enrolled in a school but physically attending another
			 school should be counted by the school they physically attend. Children
			 attending a preschool or Head Start program and another facility should be
			 counted by the preschool or Head Start program. Children physically attending
			 more than one child care facility or school should be counted by the facility
			 or school where they attend the most hours.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 50 - SCHOOL IMMUNIZATION RULES › Section 333-050-0070 - Secondary Review of Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The local health department shall conduct a secondary review of those records
			 received from the administrator. The review shall begin 35 calendar days prior
			 to the third Wednesday in February, unless otherwise approved by the Public
			 Health Division.
(2) In conducting
			 secondary review of the records, the local health department shall review the
			 Primary Review Summary for mathematical accuracy. Any errors should be
			 corrected by contacting the affected school or facility. The local health
			 department shall review each child's record that was received for appropriate
			 medical or nonmedical exemptions and then use the Primary Review Table to
			 determine each child's current immunization status for each of the required
			 vaccines.
(3) The local health
			 department shall indicate on the Primary Review Summary form those children
			 whose records are judged to be:
(a)
			 Complete/Up-to-date; or
(b)
			 Medically exempt, and whether temporary or permanent.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 50 - SCHOOL IMMUNIZATION RULES › Section 333-050-0080 - Exclusion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The date of
			 exclusion shall be the third Wednesday in February.
(a) If additional exclusion cycles are
			 conducted, the exclusion dates shall be set at no less than 14 calendar days
			 from the date that the Exclusion Orders are mailed.
(b) Exclusion occurs when records have not
			 been received or updated by the starting time of the school or facility on the
			 specified exclusion day.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 50 - SCHOOL IMMUNIZATION RULES › Section 333-050-0090 - Review of Exclusion Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 parent believes an Exclusion Order is in error, the parent shall contact the
			 local health department and request that the local health department review and
			 re-check the information to determine the accuracy of the Exclusion
			 Order.
(2) A local health
			 department shall review and re-check a child's immunization records upon
			 receipt of a request by a parent.
(3) If the Exclusion Order is found by the
			 local health department to be in error, or if compliance is achieved pursuant
			 to OAR
			 333-050-0080(9),
			 the Exclusion Order shall be rescinded.
Stat. Auth.: ORS 433.004 & 433.273
Stats. Implemented: ORS 433.001, 433.004, 433.006 &
				  433.235 - 433.284
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 50 - SCHOOL IMMUNIZATION RULES › Section 333-050-0095 - School/Facility Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the
			 event that a school or facility fails to comply with these rules, the local
			 health department shall make a verbal, documented contact with the
			 non-compliant school or facility that covers:
(a) The specific requirements of the state's
			 immunization law and rules; and
(b) Establishes a four-working-day time frame
			 for the school or facility administrator to comply.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 50 - SCHOOL IMMUNIZATION RULES › Section 333-050-0100 - Follow Up

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the event
			 that the local health department receives records that are original documents
			 from a school or facility, the local health department shall return such
			 records to the administrator.
(2)
			 The administrator shall be responsible for updating records each time the
			 parents, health care practitioner, or an authorized representative of the local
			 health department provides evidence of immunization or exemption for each
			 child.
(3) Information on disease
			 restrictions for schools and facilities can be found in OAR 333-019-0010  and
			 333-019-0014. When a child must be excluded from attendance at a school or
			 children's facility in accordance with OAR 333-019-0010(3), the parent of the
			 susceptible child must be notified verbally or in writing by the local health
			 department, school or children's facility administrator or designee when the
			 child is to be excluded and for how long the exclusion will occur.
(4) The administrator shall maintain a system
			 to track and report susceptible persons. The local health department may
			 request that the list of persons susceptible to a disease be sorted by
			 classroom, grade, or school. The administrator will provide the list within one
			 calendar day of the local health department's request in order to facilitate
			 appropriate disease control measures.
(5) The local health department or the Public
			 Health Division may conduct school or facility record validation surveys to
			 ensure compliance with ORS
			 433.235 through
			 433.280 and these rules.
(6) The local
			 health department may issue Exclusion Orders as needed for compliance with
			 these rules during the validation survey process.
(7) The Public Health Division may issue
			 Exclusion Orders when the Public Health Division is the recognized Public
			 Health Authority in the county.
Statutory/Other Authority: ORS
				  433.004  & 433.273
Statutes/Other Implemented: ORS
				  433.001,
				  433.004,
				  433.006  & 433.235 - 433.284
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 50 - SCHOOL IMMUNIZATION RULES › Section 333-050-0110 - Annual Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The local health department shall submit
			 a County Immunization Status Report to the Public Health Division annually no
			 later than 23 calendar days after the third Wednesday in February.
(2) On or before the last day of April, the
			 Public Health Division shall publicize a summary of the immunization status of
			 children in schools, children's facilities, kindergarten and seventh grade
			 attending schools and facilities for each local public health jurisdiction.
(3) On or before May 15, the local
			 health department shall make available immunization rates to each school and
			 children's facility in the area served by the local health department, by
			 disease, of children in the local area:
(a)
			 Compiled from school reports for kindergarten through 12th grade combined; and
(b) Calculated from ALERT IIS for
			 children 19 months up to kindergarten age.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 50 - SCHOOL IMMUNIZATION RULES › Section 333-050-0120 - Immunizations Schedules for Spacing of Doses

Current through Register Vol. 63, No. 7, July 1, 2024
See Primary Review Table for the judgment of compliance or
				non-compliance with the required immunizations.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  433.004  & 433.273
Statutes/Other Implemented: ORS
				  433.001,
				  433.004,
				  433.006  & 433.235 - 433.284
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 50 - SCHOOL IMMUNIZATION RULES › Section 333-050-0130 - Second Dose Measles in Post Secondary Educational Institution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 post-secondary education institution, except a community college and a private,
			 proprietary vocational school, shall require that each entering full-time
			 student born on or after January 1, 1957, has two doses of measles vaccine
			 prior to the student's second quarter or semester of enrollment on an Oregon
			 campus, using procedures developed by the institution.
(2) For students subject to section (1) of
			 this rule who are attending the institution pursuant to a non-immigrant visa,
			 documentation of measles vaccination must be provided prior to the student
			 attending classes. If the student's first dose of measles vaccine was received
			 less than 30 days prior to attendance, the student has until the beginning of
			 the second term or semester to provide documentation of the second dose.
(3) The following records may be
			 accepted as adequate proof of two doses of measles vaccine:
(a) Written documentation by student, health
			 care practitioner, or an authorized representative of the local health
			 department of the month, day and year of each dose, within four days prior to,
			 on or after the first birthday, with a minimum of 24 days between the first and
			 second dose;
(b) For students born
			 prior to 1984, no available date for the first dose but written documentation
			 by student, health care practitioner, or an authorized representative of the
			 local health department of the month, day and year of the second dose in or
			 after December, 1989;
(c) An
			 unsigned record printout from the statewide immunization information system,
			 ALERT IIS; or
(d) An unsigned
			 record printout from a computer system approved by the Public Health Division
			 as specified in OAR
			 333-050-0060(5).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 50 - SCHOOL IMMUNIZATION RULES › Section 333-050-0140 - Second Dose Measles in Community Colleges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each community college shall require that
			 students involved in clinical experiences in allied health programs, practicum
			 experiences in education and child care programs and membership on
			 intercollegiate sports teams have two doses of measles vaccine prior to each
			 student's participation. The requirement shall apply only to those students
			 born on or after January 1, 1957, using procedures developed by the
			 institutions.
(2) The following
			 records may be accepted as adequate proof of two doses of measles vaccine:
(a) Written documentation by student, health
			 care practitioner, or an authorized representative of the local health
			 department of the month, day and year of each dose, within four days prior to,
			 on or after the first birthday, with a minimum of 24 days between first dose
			 and second dose;
(b) For students
			 born prior to 1984, no available date for the first dose but written
			 documentation by student, health care practitioner, or an authorized
			 representative of the local health department of the month, day and year of the
			 second dose in or after December, 1989;
(c) An unsigned record printout from the
			 statewide immunization information system, ALERT IIS; or
(d) An unsigned record printout from a
			 computer system approved by the Public Health Division as specified in OAR
			 333-050-0060(5).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 52 - OREGON FARM DIRECT NUTRITION PROGRAM › Section 333-052-0030 - Program Overview

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of the Oregon Farm Direct Nutrition Program is to:
(a) Provide locally grown, fresh, nutritious,
			 unprepared fruits, vegetables, and cut culinary herbs to participants in the
			 Special Supplemental Nutrition Program for Women, Infants and Children (WIC)
			 and to low income seniors; and
(b)
			 Expand the awareness and use of farmers markets and farm stands where consumers
			 can buy directly from the farmer.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 52 - OREGON FARM DIRECT NUTRITION PROGRAM › Section 333-052-0043 - Senior Participant Eligibility and Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual is eligible for the Senior
			 Farm Direct Nutrition Program if the individual meets all the following
			 eligibility criteria on April 1 of the calendar year in which benefits are
			 sought:
(a) Has income less than 138 percent
			 of the Federal Poverty Level;
(b)
			 Receives Medicaid or SNAP benefits;
(c) Resides in their own home or rental
			 property or is experiencing houselessness; and
(d) Is age 62 years or older.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 52 - OREGON FARM DIRECT NUTRITION PROGRAM › Section 333-052-0044 - WIC Participant Eligibility and Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A WIC participant is eligible to receive
			 WIC Farm Direct Nutrition Program benefits if the participant meets all the
			 following eligibility criteria on the date of Farm Direct benefit issuance:
(a) Is currently receiving benefits under the
			 WIC Program; and
(b) Belongs to any
			 of the following WIC categories:
(A) A
			 pregnant person;
(B) A person who
			 is breastfeeding less than one year after delivery;
(C) A non-lactating post-partum person less
			 than six months after delivery;
(D)
			 A child through the end of the month they turn five years of age; or
(E) An infant older than four months of
			 age.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 52 - OREGON FARM DIRECT NUTRITION PROGRAM › Section 333-052-0050 - Eligible Foods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Farm Direct
			 vouchers may be used to purchase only eligible foods.
(2) Ineligible items include, but are not
			 limited to:
(a) Baked goods, cheeses, cider,
			 crafts, dairy products, dried fruits, dried herbs, dried vegetables, eggs,
			 non-edible flowers, fruit juices, honey, jams, jellies, meats, nuts, potted
			 plants of any kind, potted herbs, seafood, seeds, syrups and wild
			 rice.
(b) Fresh fruits, vegetables,
			 and cut culinary herbs that are not locally grown.
(c) Fruits, vegetables, or cut culinary herbs
			 that are processed or frozen.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 52 - OREGON FARM DIRECT NUTRITION PROGRAM › Section 333-052-0060 - Farmer Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only
			 authorized farmers may accept Farm Direct vouchers from participants in
			 exchange for eligible foods. Authorized farmers may not accept vouchers from
			 unauthorized farmers.
(2) To be
			 eligible for participation in the Program, a farmer applicant must:
(a) Own, lease, rent or sharecrop land to
			 grow, cultivate, or harvest locally grown fruits, vegetables and cut herbs in
			 Oregon or a bordering county in a contiguous state to sell fresh at a farmers
			 market or farm stand;
(b) Complete
			 the farmer application and return it to the Oregon Health Authority (Authority)
			 to verify eligibility;
(c) Complete
			 the Program orientation; and
(d)
			 Agree to follow the terms and conditions of the farmer agreement.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 52 - OREGON FARM DIRECT NUTRITION PROGRAM › Section 333-052-0065 - Farmer Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A farmer
			 application and a farmer agreement must both be signed by a representative who
			 has legal authority to obligate the farmer.
(2) The farmer must agree in the farmer
			 agreement to comply with Program rules, as applicable to farmers.
(3) The farmer agreement will be valid for no
			 more than three years.
(4) Neither
			 the Authority nor the farmer is obligated to renew the agreement.
Statutory/Other Authority: ORS
				  413.500 & ORS
				  411.813
Statutes/Other Implemented: ORS
				  413.500 & ORS
				  411.813
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 52 - OREGON FARM DIRECT NUTRITION PROGRAM › Section 333-052-0070

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  413.500 & ORS
				  411.813
Statutes/Other Implemented: ORS
				  413.500 & ORS
				  411.813
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 52 - OREGON FARM DIRECT NUTRITION PROGRAM › Section 333-052-0075

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  413.500 & ORS
				  411.813
Statutes/Other Implemented: ORS
				  413.500 & ORS
				  411.813
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 52 - OREGON FARM DIRECT NUTRITION PROGRAM › Section 333-052-0080 - Farmer Participation Requirements, Violations and Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An authorized farmer must:
(a) Comply with the Oregon Farm Direct
			 Nutrition Program (Program) requirements and standards in Program rules,  7 CFR
			 248,  7 CFR 249, and the terms and conditions of the farmer agreement;
(b) Complete training on Program requirements
			 and ensure that all individuals working in the farmer's stall(s) at the farmers
			 market(s) or farm stand(s) are trained on Program requirements;
(c) Accept Farm Direct vouchers:
(A) For eligible foods only; and
(B) Within the valid dates of the
			 Program.
(d) Prominently
			 display the official Program sign provided by the Oregon Health Authority
			 (Authority) on each day of operation, within Program dates, when selling
			 eligible produce.
(e) Provide Farm
			 Direct participants with the full amount of product for the value of each Farm
			 Direct voucher;
(f) Cooperate with
			 staff from the Authority or their designees in monitoring for compliance with
			 Program requirements and provide documentation or information that the
			 Authority or their designees may require;
(g) Comply with all state or federal laws
			 regarding non-discrimination and applicable USDA instructions as described in
			 7 CFR
			 248.10 to ensure that no individual will, on
			 the grounds of race, color, national origin, sex (including gender identity and
			 sexual orientation), disability, age, or reprisal or retaliation for prior
			 civil rights activity in any program or activity conducted or funded by USDA,
			 be excluded from participation, be denied benefits, or be otherwise subjected
			 to discrimination, under the Farm Direct Nutrition Program;
(h) Ensure that Farm Direct shoppers receive
			 equitable treatment, including the availability of produce that is of the same
			 quality and no greater price than sold to other shoppers;
(i) Register with the Authority's payment
			 processor using the farm identifier provided by the Authority, prior to
			 scanning vouchers for payment
(j)
			 Process Farm Direct vouchers for payment by the date agreed to in the
			 agreement;
(k) Reimburse the
			 Authority for Farm Direct vouchers that are improperly transacted;
(l) Respond to requests, implement corrective
			 action, and comply with the terms in final orders as directed by the
			 Authority;
(m) Not provide credit
			 in exchange for Farm Direct vouchers;
(n) Not charge sales tax on Farm Direct
			 voucher purchases;
(o) Not seek
			 restitution from Farm Direct participants for a voucher not paid by the
			 Authority;
(p) Not give cash back
			 for purchases that amount to less than the value of a Farm Direct voucher
			 (provide change);
(q) Not use Farm
			 Direct vouchers for any purpose other than to process for payment for eligible
			 items; and
(r) Not accept Farm
			 Direct vouchers from unauthorized farmers.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 52 - OREGON FARM DIRECT NUTRITION PROGRAM › Section 333-052-0090

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  413.500 & ORS
				  411.813
Statutes/Other Implemented: ORS
				  413.500 & ORS
				  411.813
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 52 - OREGON FARM DIRECT NUTRITION PROGRAM › Section 333-052-0100 - Oregon Health Authority Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Health Authority (Authority) must:
(1) Administer the Oregon Farm Direct
			 Nutrition Program (Program) in accordance with  7 CFR 248  (Farmers' Market
			 Nutrition Program) and  7 CFR 249  (Senior Farmers' Market Nutrition
			 Program);
(2) Distribute or
			 facilitate distribution of Farm Direct vouchers to participants;
(3) Assure payment to farmers for properly
			 redeemed Farm Direct vouchers;
(4)
			 Assure that training is provided to farmers who are new to the
			 Program;
(5) Assure that Program
			 signs are provided to all authorized farmers; and
(6) Monitor authorized farmers for compliance
			 with Program rules and agreements, and if necessary, impose
			 sanctions.
Statutory/Other Authority: ORS
				  413.500, ORS
				  411.813, 7 CFR 248 & 7 CFR
				  249
Statutes/Other Implemented: ORS
				  413.500, ORS
				  411.813,   7 CFR 248   &   7 CFR
				  249
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 52 - OREGON FARM DIRECT NUTRITION PROGRAM › Section 333-052-0110 - Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Health Authority (Authority)
			 must monitor farmers for compliance with applicable laws and rules, including
			 on-site investigation of randomly selected farmers.
(2) The Authority may conduct covert
			 compliance buys of Farm Direct-authorized farmers for compliance with the
			 Authority rules and regulations.
Statutory/Other Authority: ORS
				  413.500, ORS
				  411.813, 7 CFR 248 & 7 CFR
				  249
Statutes/Other Implemented: ORS
				  413.500, ORS
				  411.813,   7 CFR 248   &   7 CFR
				  249
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 52 - OREGON FARM DIRECT NUTRITION PROGRAM › Section 333-052-0120 - Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Anyone wishing to file a complaint
			 against a Farm Direct participant, an authorized farmer, a farmers market, a
			 farm stand, or the Oregon Farm Direct Nutrition Program (Program) may do so in
			 the following manner:
(a) Send a written
			 comment to the WIC Compliance & Civil Rights Coordinator at PO Box 14450,
			 Portland, Oregon, 97293; or
(b)
			 Call the state WIC, Vendor Answer Line at (877) 807-0889.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 52 - OREGON FARM DIRECT NUTRITION PROGRAM › Section 333-052-0130 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Farmers are entitled to a hearing as
			 provided by the Administrative Procedures Act (ORS chapter 183) for a denial of
			 participation, imposition of a sanction, or disqualification.
(2) Individuals who do not receive a Farm
			 Direct benefit are not entitled to a hearing if the non-award is based on
			 funding.
(3) Farmers may not be
			 entitled to a hearing under the Administrative Procedures Act to challenge:
(a) The validity or appropriateness of the
			 Oregon Health Authority (Authority)'s selection criteria for farmer
			 participation;
(b) The validity or
			 appropriateness of the Authority's participant access determinations;
(c) The duration or expiration of a farmer
			 agreement; or
(d) An Authority
			 decision regarding a voucher payment or claims.
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 333-053-0000 - Suspension of WIC Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notwithstanding any other rules in this division, all WIC program benefits 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) Notice of
			 suspensions shall be made by the Oregon Health Authority by posting a notice on
			 the WIC program website. Notice of suspensions shall include the suspension
			 effective date. As soon as funding is restored or as soon as the closure has
			 ended, the Authority shall notify participants of the date that a suspension is
			 lifted.
(3) Benefits may not be
			 issued to participants and participants shall not redeem WIC food instruments
			 they have already received during a suspension.
(4) Participants who disagree with a
			 suspension are not entitled to continuing benefits or a contested case hearing
			 but may challenge a suspension through a rule challenge under ORS
			 183.335 or
			 183.400.
Statutory/Other Authority: ORS
				  413.500
Statutes/Other 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 333-053-0030 - Description of the 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; health screening and referral
			 services to pregnant and breastfeeding women, infants and children in certain
			 high-risk categories.
(2) Federal
			 regulations governing the WIC program, 7 CFR ¦ 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 participants.
(3) The Oregon Health Authority administers
			 the WIC program in the State of Oregon.
(4) Any participant who receives benefits
			 from the WIC program shall comply with these rules. Failure to comply with
			 these rules shall result in sanctions.
(5) WIC program participation may include
			 participation in the Oregon Farm Direct Nutrition Program (FDNP).
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 333-053-0040 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Adjunctively
			 income eligible" means an applicant or participant who is eligible for WIC
			 because they are:
(a) Certified and fully
			 eligible to receive benefits for the:
(A) Food
			 Distribution Program on Indian Reservations (FDPIR);
(B) Supplemental Nutrition Assistance Program
			 (SNAP);
(C) Medicaid/Oregon Health
			 Plan (OHP); or
(D) Temporary
			 Assistance for Needy Families (TANF); or
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 333-053-0050 - Participant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order
			 to be eligible for the WIC program, at the time of application an applicant
			 must:
(a) Be a pregnant woman, a
			 breastfeeding woman less than one year after delivery, a non-lactating,
			 post-partum woman less than six months after delivery, or a child through the
			 end of the month he or she turns five years of age;
(b) Reside within the jurisdiction of the
			 State of Oregon or within the Indian State jurisdiction;
(c) Meet the state's income eligibility
			 criteria at the time of application; and
(d) Be at nutritional risk as defined by the
			 Authority.
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 333-053-0060 - Participant Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicants shall provide accurate information as part of the certification
			 process.
(2) State or local WIC
			 staff may verify any of the information provided by the applicant, participant,
			 or participant's caretaker.
(3)
			 The WIC program may share information about applicants and participants with
			 other public health programs and Oregon Head Start programs. This information
			 will only be used to access other health services and assess the effectiveness
			 of those services.
(4) Information
			 concerning eligibility shall be shared with another WIC clinic or local agency
			 if the participant moves from one service area to another or to a different
			 state.
(5) Applicants,
			 participants and the participant's caretakers will be given the opportunity to
			 register to vote at the local agency, and they may decline to provide this
			 information. Receipt of WIC program benefits will not be affected by answers to
			 voter registration questions.
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 333-053-0075 - eWIC Cards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the time of
			 certification, a first cardholder will be identified and issued a eWIC card for
			 the family.
(a) If a family requires more
			 than one authorized shopper, a second eWIC card for use by the family's second
			 cardholder will be issued.
(b)
			 Each family will have no more than two activated eWIC cards at a time.
(c) No more than one activated
			 eWIC card can be assigned to a cardholder at a time.
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 333-053-0080 - Participant Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) During
			 each certification visit, participants shall be informed of their rights and
			 responsibilities, program rules and the sanctions issued should they
			 intentionally violate a program rule.
(2) Whenever the Authority assesses a claim
			 of misappropriated WIC program benefits of $100 or more resulting from a
			 participant violation, assesses a claim for dual participation, or assesses a
			 second or subsequent claim of any amount resulting from a participant
			 violation, the Authority shall disqualify the participant for one year.
(3) A participant shall be issued
			 a Notice of Non-compliance for the first instance; a six month disqualification
			 from the program and issued a claim for the second instance; and a one year
			 disqualification from the program and issued a claim for the third and any
			 subsequent instance of the following violations:
(a) Simultaneously using his or her own WIC
			 benefits and acting as a store cashier for the transaction if employed by or
			 owns store;
(b) Destruction of
			 vendor or farmer property during a WIC transaction;
(c) Verbal abuse of store, farmer, or farm
			 stand employees or owners during a WIC or FDNP transaction;
(d) Verbal abuse of state or local agency
			 staff;
(e) Destruction of state or
			 local agency property;
(f)
			 Altering a food instrument;
(g)
			 Returning foods purchased with a food instrument to a WIC vendor in exchange
			 for money or different food unless they are receiving the identical item in
			 exchange;
(h) Using or attempting
			 to use a food instrument reported lost or stolen; or
(i) Redeeming a food instrument for
			 unauthorized foods or formula.