Oregon Revised Statutes

Chapter 353 — Oregon Health and Science University

60 sections

353.010 Definitions

As used in this chapter: “Board” means the Oregon Health and Science University Board of Directors established under ORS 353.040. “Public corporation” means an entity that is created by the state to carry out public missions and services. In order to carry out these public missions and services, a public corporation participates in activities or provides s…

353.020 Oregon Health and Science University as public corporation; establishment; status as governmental entity

Oregon Health and Science University is established as a public corporation and shall exercise and carry out all powers, rights and privileges that are expressly conferred upon it, are implied by law or are incident to such powers. The university shall be a governmental entity performing governmental functions and exercising governmental powers. The universi…

353.030 Public policy of university; missions; purposes

It shall be the public policy of the Oregon Health and Science University in carrying out its missions as a public corporation: To serve the people of the State of Oregon by providing education in health, science, engineering and their management for students of the state and region. To provide: An environment that stimulates the spirit of inquiry, initia…

353.035 Certain laws to be liberally construed; severability

Chapter 162, Oregon Laws 1995, shall be liberally construed to effect the purposes and intent thereof. If any provision of chapter 162, Oregon Laws 1995, or the application of that provision to any particular circumstance or person, shall be held invalid, the remainder of chapter 162, Oregon Laws 1995, and the application of that provision to circumstances o…

353.040 Board of directors; appointment; membership; meetings; removal of members

There is established an Oregon Health and Science University Board of Directors consisting of 11 members. The directors, except for the president of the university, shall be appointed by the Governor and shall be confirmed by the Senate in the manner prescribed in ORS 171.562 and 171.565. The term of office of each person described in subsection (3)(a) of t…

353.050 Powers and duties of board and university officials

Except as otherwise provided in this chapter, the Oregon Health and Science University Board of Directors, or university officials acting under the authority of the board, shall exercise all the powers of the Oregon Health and Science University and shall govern the university. In carrying out its powers, rights and privileges, the university shall be a gove…

353.060 President of university

The Oregon Health and Science University Board of Directors shall appoint a president of the university. Except in the case of an interim or acting president, the hiring committee for the president of the university shall include representatives of the university community and at least one president of a public university listed in ORS 352.002. The preside…

353.070 Products of individuals with disabilities; rules; publication of product sources

As used in this section: “Direct labor” includes all work required for preparation, processing and packing, but not supervision, administration, inspection or shipping. “Individual with a disability” means an individual who, because of the nature of the individual’s disability, is not able to participate fully in competitive employment, and for whom specia…

353.080 Annual report on activities and operations

Oregon Health and Science University shall file with the Legislative Assembly, the Higher Education Coordinating Commission and the Governor, not later than April 15 of each year, a report of the university’s activities and operations for the preceding year.

353.090 Requirements related to nonhuman primates

The Oregon Health and Science University shall annually publish on a publicly accessible website of the university: The number of nonhuman primates, listed by species, that, in the previous year: Were used in research at the university. Were used in breeding at the university. Were born at the university. Were purchased or sold by the university. Were …

353.100 Applicability of certain laws to university

The provisions of ORS chapters 35, 190, 192, 244 and 295 and ORS 30.260 to 30.460, 200.005 to 200.025, 200.045 to 200.090, 236.605 to 236.640, 243.650 to 243.809, 297.040, 307.090 and 307.112 apply to Oregon Health and Science University under the same terms as they apply to public bodies other than the state. Except as otherwise provided by law, the provis…

353.108 Real property and facilities utilized by university; legal title; lease; management

Legal title to real property and facilities acquired by the State of Oregon prior to July 1, 1995, and utilized by Oregon Health and Science University shall remain with the State of Oregon. However, the university shall have the exclusive care, custody and control of such real property and facilities pursuant to an exclusive leasehold interest in the real p…

353.110 Authority to acquire private property; condemnation

The Oregon Health and Science University may acquire, by condemnation or otherwise, private property that is necessary or convenient in carrying out any power granted to the university. The right to acquire property by condemnation shall be exercised as provided by ORS chapter 35.

353.117 Creation of tax-exempt entity by university

Pursuant to ORS 353.050, Oregon Health and Science University may create and maintain an entity that is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, as amended, for the purpose of conducting clinical care and practice and advancing other university missions by the faculty. Any entity created by the university under su…

353.120 Adoption of alcohol and drug abuse policy

The Oregon Health and Science University, in consultation with the Alcohol and Drug Policy Commission, shall adopt a comprehensive alcohol and drug abuse policy and implementation plan.

353.123 Exemptions from nonresident tuition and fees; scholarship eligibility

Except as provided in paragraphs (b) and (c) of this subsection, the Oregon Health and Science University Board of Directors may exempt a student who is not a citizen or a lawful permanent resident of the United States from paying nonresident tuition and fees for enrollment at Oregon Health and Science University consistent with policies adopted by the board…

353.125 Creation of police department and commission of police officers; rules

The Oregon Health and Science University Board of Directors, or Oregon Health and Science University officials acting under the authority of the board, may establish a police department and commission one or more employees as police officers. A police department established under this section has all of the authority and immunity of a municipal police depart…

353.130 Policies regarding public contracts

The Oregon Health and Science University subscribes to the policy set forth under ORS 279A.015 regarding public contracting, and shall develop contract policies that support openness, impartiality and competition in the awarding of contracts in accordance with that provision. The university subscribes to the intent of the social policies of ORS 279.835 to 27…

353.140 Biennial funding request

By September 1 of each even-numbered year the Oregon Health and Science University shall submit to the Oregon Department of Administrative Services a funding request for each biennium. The Oregon Department of Administrative Services shall include and submit a university funding request to the Legislative Assembly as part of the Governor’s budget. Any such r…

353.160 Audits

Nothing in this chapter affects the constitutional duties and authority of the Secretary of State to audit public accounts. However, the Oregon Health and Science University shall conduct independent audits if the audits are considered advisable by the university. Subject to ORS 297.250, the audits are subject to the exclusive discretion and control of the u…

353.180 Student education records

Oregon Health and Science University may adopt policies relating to the creation, use, custody and disclosure, including access, of student education records of the university that are consistent with the requirements of applicable state and federal law. Whenever a student has attained 18 years of age or is attending the university, the permission or consent…

353.190 Effect of student religious beliefs on admission and attendance

No student shall be refused admission to the Oregon Health and Science University or be expelled for the sole reason that, because of religious beliefs, the student is unable to attend classes on a particular day. Any student in the university who, because of religious beliefs, is unable to attend classes on a particular day shall be excused on that day fro…

353.200 Rights of students ordered to active duty; rules

A student at the Oregon Health and Science University who is a member of the military, a member of the commissioned corps of the National Oceanic and Atmospheric Administration or a member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States …

353.202 Credit for room, board, tuition and fees for students ordered to active duty; rules

The amount of the credit specified in ORS 353.200 (1)(b) shall be based on: The amount of room and board paid by the student for a term that the student does not complete because the student is ordered to active duty; and The amount of tuition and fees paid by the student for a course from which the student withdraws. The amount of the credit shall be pro…

353.205 Credit for education and training received while serving in Armed Forces; rules

The Oregon Health and Science University shall give credit for education and training obtained by a person while serving in the Armed Forces of the United States, as defined in ORS 352.313. The education and training for which credit may be given must meet the standards adopted by the Oregon Health and Science University Board of Directors by rule. (Physica…

353.210 Purpose; members; duties

The Oregon Health and Science University shall convene a physical access committee to identify barriers to access by persons with disabilities at the university. The committee shall include, but not be limited to: One or more students with disabilities or, if there are no students with disabilities willing to participate, a person with a disability who uses…

353.250 Alternative retirement programs for employees

Notwithstanding the provisions of ORS chapters 238 and 238A, the Oregon Health and Science University may offer to its employees, in addition to the Public Employees Retirement System, alternative retirement programs.

353.260 Personnel records; access; control; creation

Oregon Health and Science University may adopt policies governing access to university personnel records that are less than 25 years old. Policies adopted under subsection (1) of this section shall require that personnel records be subjected to restrictions on access unless the president of the university finds that the public interest in maintaining indivi…

353.270 Compensation of officers and employees; conflicts of interest

Oregon Health and Science University may authorize receipt of compensation for any officer or employee of the university from private or public resources, including but not limited to income from: Consulting; Appearances and speeches; Intellectual property conceived, reduced to practice or originated and therefore owned within the university; Providing s…

353.280 Faculty; status; powers

The president and professors constitute the faculty of the Oregon Health and Science University and as such have the immediate government and discipline of it and the students therein. The faculty may, subject to the supervision of the Oregon Health and Science University Board of Directors, prescribe the course of study to be pursued at the university and t…

353.290 Reductions in faculty; affirmative action plans and goals

The Oregon Health and Science University shall consider and maintain affirmative action plans and goals when reductions in faculty and staff are required as a result of: Reductions in revenue that necessitate discontinuance of its educational program at its anticipated level; Elimination of classes due to decreased student enrollment; or Reduction in cour…

353.300 Prohibition on political or sectarian test in appointment of faculty or employees

No political or sectarian test shall ever be allowed or applied in the appointment of faculty and other employees of the Oregon Health and Science University. FINANCE (Generally)

353.330 Effect of law on bonds, certificates of participation or agreements for borrowing money; responsibility for payment; rights of holders of obligations

Nothing in chapter 162, Oregon Laws 1995, shall be construed in any way to impair the obligations or agreements of the State of Oregon or the Oregon Department of Administrative Services with respect to bonds, certificates of participation, financing agreements or other agreements for the borrowing of money issued prior to July 1, 1995, by the State of Orego…

353.340 Issuance and sale of revenue bonds by university

Oregon Health and Science University may from time to time issue and sell revenue bonds in accordance with ORS chapter 287A. However, the provisions contained in ORS 287A.150 (2) to (6) do not apply to revenue bonds issued by the university. Such revenue bonds shall not in any manner nor to any extent be a general obligation of the university nor a charge up…

353.350 Revenue bonds considered bonds of political subdivision

Revenue bonds issued by the Oregon Health and Science University pursuant to ORS chapter 287A shall be considered to be bonds of a political subdivision of the State of Oregon for the purposes of all laws of the state.

353.360 Refunding bonds

Refunding bonds of the same character and tenor as those replaced thereby may be issued by the Oregon Health and Science University pursuant to ORS 287A.360 to 287A.380.

353.370 Notice to Legislative Assembly required if shortfall in moneys exists for payment of amounts under bonds, certificates of participation or agreements for borrowing money

In addition to, and not in limitation of, the means of satisfying state general obligation bond obligations under ORS 291.445, Oregon Health and Science University, promptly upon the discovery of any shortfall in moneys available to the university for the payment when due of amounts under any bonds, certificates of participation, financing agreements or othe…

353.380 Definitions for ORS 353.380 to 353.420

As used in ORS 353.380 to 353.420: “Credit enhancement agreement” means any agreement or contractual relationship between the Oregon Health and Science University and any bank, trust company, insurance company, surety bonding company, pension fund or other financial institution providing additional credit on or security for a financing agreement or certific…

353.390 Authority to enter financing agreements; limitations

Oregon Health and Science University may enter into financing agreements in accordance with ORS 353.380 to 353.420, upon such terms as the university finds to be advantageous. Amounts payable by the university under a financing agreement shall be limited to funds specifically pledged, budgeted for or otherwise made available by the university. If there are i…

353.400 Delegation of board authority

The Oregon Health and Science University Board of Directors may delegate to any board member, officer or employee of the Oregon Health and Science University the authority to determine maturity dates, principal amounts, redemption provisions, interest rates or methods for determining variable or adjustable interest rates, denominations and other terms and co…

353.410 University powers regarding financing agreements and credit enhancement agreements

Oregon Health and Science University may: Enter into agreements with third parties to hold financing agreement proceeds, payments and reserves as security for lenders, and to issue certificates of participation in the right to receive payments due from the university under a financing agreement. Amounts so held shall be invested at the direction of the Oreg…

353.420 Effect of financing agreement on tax status

A lease or financing agreement under ORS 353.380 to 353.420 shall not cause property to be subject to property taxation and shall be disregarded in determining whether property is exempt from taxation under ORS chapter 307. PROGRAMS

353.440 Findings regarding coordination of programs

The Legislative Assembly finds that: Public universities listed in ORS 352.002 and other educational sectors have academic programs that are related to or integrated with the programs of Oregon Health and Science University. It is in the best interest of the state that a coordinated approach be taken to these related and integrated academic programs. In o…

353.445 Venture grant program

The Oregon Health and Science University Board of Directors shall adopt a policy that prescribes the requirements for a venture grant program and the requirements that a grant applicant must meet in order to receive grant moneys from the university venture development fund operated by Oregon Health and Science University, including requirements: That a gran…

353.450 Area Health Education Center program; education and training for medical personnel in rural areas

It is the finding of the Legislative Assembly that there is need to provide programs that will assist a rural community to recruit and retain physicians, physician associates and nurse practitioners. For that purpose: The Legislative Assembly supports the development at the Oregon Health and Science University of an Area Health Education Center program as p…

353.455 Family medicine residency network

The Area Health Education Center program created in ORS 353.450 is encouraged to create a family medicine residency network that: Facilitates an increase in the number of family medicine residency positions in this state in order to train more highly qualified family physicians who are likely to practice in this state. Supports and assists hospital systems…

353.460 Oregon Institute of Occupational Health Sciences

There is created the Oregon Institute of Occupational Health Sciences. The Oregon Health and Science University shall administer the institute. The purposes of the institute may include, but are not limited to, reducing the incidence of disease and reducing the costs and dangers to employers and employees associated with occupational disease. Specific funct…

353.470 Funding of institute

The Oregon Institute of Occupational Health Sciences shall operate, on an ongoing basis, from funds provided by the Department of Consumer and Business Services, in addition to any gifts, grants or donations made to carry out the activities of the institute. Oregon Health and Science University is not expected to provide funds for operation of the institute …

353.480 Pediatric dental residency program

Subject to the availability of funding, the Oregon Health and Science University shall establish the pediatric dental residency program only to the extent that funds are appropriated to the Oregon Department of Administrative Services for the Oregon Health and Science University public corporation to establish the program under section 1, chapter 1083, Orego…

353.485 Oregon Psychiatric Access Line program

There is established the Oregon Psychiatric Access Line program in the Oregon Health and Science University. The Oregon Psychiatric Access Line program shall provide telephone or electronic real-time psychiatric consultations, from 9 a.m. to 5 p.m. on all business days, to primary care providers who care for patients with mental health disorders. Psychiatr…

353.550 Definitions for ORS 353.550 to 353.559 and sections 10, 12, 14, 16 and 18, chapter 921, Oregon Laws 2001

As used in ORS 353.550 to 353.559 and sections 10, 12, 14, 16 and 18, chapter 921, Oregon Laws 2001: “Bond-related costs” means: The costs and expenses of issuing, administering and maintaining bonds issued under ORS 353.550 to 353.559 and sections 10, 12, 14, 16 and 18, chapter 921, Oregon Laws 2001, and the bond program under ORS 353.550 to 353.559 and s…

353.553 Short title

ORS 353.550 to 353.559 and sections 10, 12, 14, 16 and 18, chapter 921, Oregon Laws 2001, shall be known and may be cited as the Oregon Opportunity Act.

353.556 Purpose; policy; findings; intent

The purpose of ORS 353.550 to 353.559 and sections 10, 12, 14, 16 and 18, chapter 921, Oregon Laws 2001, is to directly or indirectly finance Oregon Health and Science University’s Oregon Opportunity program. It is the policy of the State of Oregon that, in order to capture the health and economic benefits of the coming biotechnology boom for all Oregonians…

353.559 Creation; university duties; expenditure of proceeds

Oregon Health and Science University shall create the Oregon Opportunity program to usher in a new era of breakthroughs in health care and biotechnology for Oregonians. Through the program, the university shall invest in facilities, endowments, research infrastructure, recruitment of scientists and researchers, scholarships and programs including but not lim…

353.563 [2001 c.921 §6; repealed by 2011 c.239 §1]

NURSING EDUCATION PROGRAM GRANTS

353.600 Definitions for ORS 353.600 to 353.612

As used in ORS 353.600 to 353.612: “Committee” means the Oregon Nursing Shortage Coalition Committee created in ORS 353.606. “Post-secondary education institution” means: A public university listed in ORS 352.002; A community college operated under ORS chapter 341; A school or division of Oregon Health and Science University; or An Oregon-based, genera…

353.603 Grant distribution; administrative expenses; contributions

Oregon Health and Science University shall distribute grants to post-secondary education institutions to support nursing education programs based on the selections of the Oregon Nursing Shortage Coalition Committee and in accordance with appropriate university policies and procedures. If the university is not able to distribute a grant to a post-secondary ed…

353.606 Oregon Nursing Shortage Coalition Committee

There is created the Oregon Nursing Shortage Coalition Committee. The committee consists of 10 members, as follows: Two members who represent the Oregon State Board of Nursing appointed by the board. Two members who represent the Northwest Organization of Nurse Executives appointed by the Oregon State Board of Nursing from a list of persons submitted to t…

353.609 Duties of committee; grant criteria; use of grant funds

The Oregon Nursing Shortage Coalition Committee shall: Adopt criteria for awarding grants to post-secondary education institutions under this section; Based on the criteria, select post-secondary education institutions to receive grants to support nursing education programs; and Determine the amounts of the grants to be distributed under ORS 353.603. The…

353.612 Nursing Education Grant Fund

The Nursing Education Grant Fund is established separate and distinct from the General Fund. All moneys received by the Oregon Department of Administrative Services or Oregon Health and Science University for purposes of ORS 353.600 to 353.612 shall be deposited into the State Treasury and credited to the Nursing Education Grant Fund. Interest earned from t…