Oregon Revised Statutes
Chapter 431A — Public Health Programs and Activities
131 sections
As used in ORS 431A.005 to 431A.020:
“Children’s facility” has the meaning given that term in ORS 433.235.
“Communicable disease” means a disease or condition, the infectious agent of which may be transmitted by any means from one person or from an animal to another person, that may result in illness, death or severe disability.
“Condition of public healt…
The Oregon Health Authority and local public health administrators shall have the power to enforce public health laws. The enforcement powers authorized by this section include, but are not limited to, the authority to:
Investigate possible violations of public health laws;
Issue subpoenas requiring testimony or the production of physical or other evidence…
Unless the Governor has declared a public health emergency under ORS 433.441, the Public Health Director may, upon approval of the Governor or the designee of the Governor, take the public health actions described in subsection (2) of this section if the Public Health Director determines that:
A communicable disease, reportable disease, disease outbreak, ep…
The Public Health Director, after consultation with local public health authorities and local public health administrators, shall adopt rules governing the development of emergency plans and an incident management system.
EMERGENCY MEDICAL SERVICES
AND TRAUMA SYSTEMS
In cooperation with representatives of the emergency medical services professions, the Oregon Health Authority shall develop a comprehensive emergency medical services and trauma system. The authority shall report progress on the system to the Legislative Assembly.
Note: 431A.050 is repealed January 1, 2027. See sections 43 and 44, chapter 32, Oregon Laws 2…
The State Trauma Advisory Board is established within the Oregon Health Authority. The board must have at least 18 members. The Director of the Oregon Health Authority shall appoint at least 17 voting members as described in subsection (2) of this section. The chairperson of the State Emergency Medical Service Committee established under ORS 682.039, or the …
With the advice of the State Trauma Advisory Board, the Oregon Health Authority shall:
Develop and monitor a statewide trauma system; and
Designate within the state, trauma areas consistent with local resources, geography and current patient referral patterns.
Each trauma area shall have:
Central medical control for all field care and transportation cons…
Prior to approval and implementation of area trauma plans submitted to the Oregon Health Authority by area trauma advisory boards, the authority shall adopt rules pursuant to ORS chapter 183 which specify state trauma objectives and standards, hospital categorization criteria and criteria and procedures to be utilized in designating trauma system hospitals.
…
Area trauma advisory boards shall meet as often as necessary to:
Identify specific trauma area needs and problems; and
Propose to the Oregon Health Authority area trauma system plans and changes that meet state standards and objectives.
The authority, acting with the advice of the State Trauma Advisory Board established under ORS 431A.055, has the authori…
A provider may not be held liable for acting in accordance with approved trauma system plans.
A person who in good faith provides data or other information to the Oregon Trauma Registry in accordance with ORS 431A.085 to 431A.105 is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to provision of the data.…
The Oregon Health Authority shall continuously identify the causes of trauma in Oregon, and propose programs of prevention thereof for consideration by the Legislative Assembly or others.
Note: 431A.080 is repealed January 1, 2027. See sections 43 and 44, chapter 32, Oregon Laws 2024.
The Emergency Medical Services and Trauma Systems Program is created within the Oregon Health Authority for the following purposes:
Administering and regulating ambulances;
Training and licensing emergency medical services providers;
Establishing and maintaining emergency medical systems, including trauma systems; and
Maintaining the Oregon Trauma Regist…
In addition to and not in lieu of ORS 431A.050 to 431A.075, the Oregon Health Authority shall designate trauma centers in areas that are within the jurisdiction of trauma advisory boards other than in the area within the jurisdiction of area trauma advisory board 1.
The authority shall enter into contracts with designated trauma centers and monitor and assu…
Designated trauma centers and providers, physical rehabilitation centers, alcohol and drug rehabilitation centers and ambulances shall develop a monthly log of all unsponsored, inadequately insured trauma system patients determined by the hospital to have an injury severity score greater than or equal to 13, and submit monthly to the Emergency Medical Servic…
As used in this section, “individually identifiable information” means:
Individually identifiable health information as that term is defined in ORS 179.505; and
Information that could be used to identify a health care provider, nontransporting prehospital care provider, ambulance service medical transportation agency or health care facility.
Notwithstandi…
Subject to available funding from gifts, grants or donations, the Emergency Medical Services for Children Program is established in the Oregon Health Authority. The Emergency Medical Services for Children Program shall operate in cooperation with the Emergency Medical Services and Trauma Systems Program to promote the delivery of emergency medical and trauma…
Subject to the availability of funds, the Oregon Health Authority shall implement a program for providing to emergency departments in real time notifications that:
Identify patients with hemo-globinopathies; and
Provide information on how to contact a hematologist in real time.
STATEWIDE INJURY AND VIOLENCE PREVENTION PROGRAM
Subject to available funding, including gifts, grants or donations, the Oregon Health Authority shall establish and administer a statewide injury and violence prevention program. In administering the program, the authority may:
Collect and analyze data on injury and violence, including but not limited to data from death certificates, emergency department re…
The Oregon Health Authority shall develop a program to reimburse smoking cessation program providers for services provided to residents of this state who are not insured for smoking cessation costs.
The authority shall adopt rules for the program established under subsection (1) of this section that include but are not limited to criteria for provider and p…
There is established in the General Fund the Tobacco Use Reduction Account.
Amounts credited to the Tobacco Use Reduction Account are continuously appropriated to the Oregon Health Authority for the funding of prevention and education programs designed to reduce cigarette and tobacco use.
The Oregon Health Authority shall develop and adopt rules for awarding grants to programs for educating the public on the risk of tobacco use, including but not limited to:
Educating children on the health hazards and consequences of tobacco use; and
Promoting enrollment in smoking cessation programs and programs that prevent smoking-related diseases inclu…
During each biennium, the Oregon Health Authority shall prepare a report regarding the awarding of grants from the Tobacco Use Reduction Account and the formation of public-private partnerships in connection with the receipt of funds from the account. The authority shall present the report to the Governor and to those committees of the Legislative Assembly t…
As used in this section and ORS 431A.183:
“Inhalant delivery system” means:
A device that can be used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device; or
A component of a device described in this subparagraph or a substance in any form sold for the purpose of being vaporized or aerosolized by a de…
The Oregon Health Authority may impose a civil penalty against a person that engages in the wholesale or retail sale of tobacco products or inhalant delivery systems, as those terms are defined in ORS 431A.175, if the person violates:
ORS 431A.175 or a rule adopted under ORS 431A.175; or
A state law or rule or federal law or regulation that governs the who…
No operative statutory text appears at this designation in the selected edition.
The Oregon Health Authority may enter into an agreement with federal agencies to assist the authority in monitoring and enforcing federal laws and regulations related to tobacco products or inhalant delivery systems.
The authority may commission employees of the authority as federal officers for the purpose of carrying out the duties prescribed under an agr…
As used in ORS 431A.190 to 431A.216:
“Governing body of a local public health authority” has the meaning given that term in ORS 431.003.
“Inhalant delivery system” has the meaning given that term in ORS 431A.175.
“Local public health authority” has the meaning given that term in ORS 431.003.
“Premises” means the real property on which a business that mak…
The purpose of ORS 431A.190 to 431A.216 is to improve enforcement of local ordinances and rules, state laws and rules and federal laws and regulations that govern the retail sale of tobacco products and inhalant delivery systems.
A person may not make a retail sale of a tobacco product or an inhalant delivery system at or from a premises located in this state unless the person sells the tobacco product or inhalant delivery system at or from a premises licensed or otherwise authorized under ORS 431A.198 or 431A.220.
Notwithstanding ORS 431A.194, ORS 431A.190 to 431A.216 do not apply to a person making a retail sale of an inhalant delivery system at a medical marijuana dispensary registered under ORS 475C.833 or at a premises for which a license has been issued under ORS 475C.097, unless the person makes a retail sale of an inhalant delivery system that contains nicotine…
Except as provided in subsection (8) of this section, the Department of Revenue shall issue licenses to, and annually renew licenses for, a person that makes retail sales of tobacco products or inhalant delivery systems at qualified premises.
To be qualified for licensure under this section, a premises:
Must be a premises that is fixed and permanent;
May …
A person to which a license or other authorization has been issued under ORS 431A.198 or 431A.220 must post proof of licensure or other authorization in a clear and conspicuous place at the premises for which the license or other authorization has been issued.
The Department of Revenue may revoke, suspend or refuse to issue or renew a license issued under ORS 431A.198 if the person that holds or seeks the license, an individual who participates in the management of the premises for which the license has been or would be issued or an individual who is employed for the purpose of making retail sales at the premises:…
For purposes of this section, a tobacco product or inhalant delivery system sold or held for sale at or from a premises for which a license has not been issued under ORS 431A.198 is a contraband tobacco product or contraband inhalant delivery system.
A contraband tobacco product or contraband inhalant delivery system found by the Department of Revenue or a …
Amounts collected by the Department of Revenue under ORS 431A.198 shall be paid to the State Treasurer to be held in a suspense account established under ORS 293.445.
From moneys held in the suspense account, the department may pay expenses for the administration and enforcement of ORS 431A.190 to 431A.216 and the collection of fees under ORS 431A.190 to 43…
The Department of Revenue may adopt rules necessary for the effective administration of ORS 431A.190 to 431A.216.
The Oregon Health Authority shall adopt by rule fees necessary to pay the expenses of administering and enforcing ORS 431A.175, 431A.183 and 431A.218. Pursuant to an agreement entered into under ORS 431A.212, the Department of Revenue shall collect the fee moneys for, and transfer the fee moneys to, the authority. Moneys transferred to the authority under th…
The Department of Revenue and the Oregon Health Authority shall:
Share information necessary for the effective administration of ORS 431A.175, 431A.183, 431A.190 to 431A.216 and 431A.218; and
Enter into an agreement for purposes of collecting fee moneys for the authority pursuant to ORS 431A.210 from each retailer of tobacco products or inhalant delivery s…
Amounts collected by the Department of Revenue pursuant to agreements entered into under ORS 431A.212 shall be paid to the State Treasurer to be held in a suspense account established under ORS 293.445.
From moneys held in the suspense account, the department shall make transfers to the Oregon Health Authority and local public health authorities as required…
The Department of Revenue may impose a civil penalty against a person that holds or seeks a license issued under ORS 431A.198 if the person that holds or seeks the license, an individual who participates in the management of the premises for which the license has been or would be issued or an individual who is employed for the purpose of making retail sales …
As used in this section:
“Governing body of a local public health authority” has the meaning given that term in ORS 431.003.
“Inhalant delivery system” has the meaning given that term in ORS 431A.175.
“Local public health authority” has the meaning given that term in ORS 431.003.
“Tobacco products” has the meaning given that term in ORS 431A.175.
Each l…
A city or local public health authority that, on or before January 1, 2021, and pursuant to an ordinance adopted by the governing body of the city or local public health authority, enforced standards described in ORS 431A.218 (2)(a) and required that a person that makes retail sales of tobacco products or inhalant delivery systems in an area subject to the j…
ORS 431A.253 to 431A.280 shall be known and may be cited as the Toxic-Free Kids Act.
As used in ORS 431A.253 to 431A.280:
“Chemical” means:
A substance with a distinct molecular composition and the breakdown products of the substance that form through decomposition, degradation or metabolism.
A group of structurally related substances and the breakdown products of the substances that form through decomposition, degradation or metabolism.
…
The Oregon Health Authority shall establish and maintain a list of high priority chemicals of concern for children’s health when used in children’s products. The authority shall include on the list chemicals that are listed on the Washington State Department of Ecology’s Reporting List of Chemicals of High Concern to Children on July 27, 2015.
The authority…
A manufacturer of a children’s product sold or offered for sale in this state that contains a chemical or member of a class of chemicals included on the list established and maintained under ORS 431A.255 in an amount at or above a de minimis level shall provide a biennial notice as described in subsection (2) of this section to the Oregon Health Authority by…
On or before the date on which a manufacturer of a children’s product submits the third biennial notice required under ORS 431A.258 for a chemical that is present in a children’s product, the manufacturer must remove or make a substitution for the chemical pursuant to ORS 431A.263, or seek a waiver under ORS 431A.265, if the chemical is present in a children…
When a manufacturer of children’s products sold or offered for sale in this state removes a high priority chemical of concern for children’s health used in children’s products from a children’s product sold or offered for sale in this state that is subject to ORS 431A.258 and substitutes another chemical, the manufacturer must submit a hazard assessment to t…
The Oregon Health Authority shall grant a waiver to a manufacturer of children’s products that applies for a waiver in order to comply with ORS 431A.260 if the application:
Includes an alternatives assessment demonstrating that removal of the high priority chemical of concern for children’s health used in children’s products is not financially or technicall…
Manufacturers of children’s products with annual worldwide gross sales of less than $5 million, as reported on the most recent tax return filed by the manufacturer before the notice required under ORS 431A.258, are exempt from the requirements of ORS 431A.258, 431A.260, 431A.263 and 431A.265.
The Oregon Health Authority may conduct testing of children’s products sold or offered for sale in this state in order to determine compliance with ORS 431A.258, 431A.260 and 431A.263.
The authority may establish by rule a schedule of fees for manufacturers of children’s products that are based on the costs to the authority for administering ORS 431A.253 to…
The Oregon Health Authority is authorized to participate in the Interstate Chemicals Clearinghouse in cooperation with other states and government entities to assist the authority in carrying out ORS 431A.253 to 431A.280.
Except as provided in subsection (5) of this section, the Oregon Health Authority may impose a civil penalty on a manufacturer of children’s products for a violation of any provision of ORS 431A.258, 431A.260 or 431A.263.
For purposes of assessing civil penalties under this section, a violation consists of a single course of conduct with regard to an entire…
The High Priority Chemicals of Concern for Children’s Health Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the High Priority Chemicals of Concern for Children’s Health Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Health Authority to administer O…
The Oregon Health Authority shall report to the interim committees of the Legislative Assembly related to environment and natural resources and public health no later than September 15 of each odd-numbered year. The report shall include the following information:
Any revisions made under ORS 431A.255 to the list of high priority chemicals of concern for chi…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
As used in ORS 431A.330 to 431A.349:
“Chemical” means:
A substance with a distinct molecular composition and the breakdown products of the substance that form through decomposition, degradation or metabolism; or
A group of structurally related substances and the breakdown products of the substances that form through decomposition, degradation or metabolis…
The Oregon Health Authority shall adopt by rule and maintain a list of high priority chemicals of concern used in cosmetic products and practical quantification limits for each of those chemicals.
The authority may include a class of chemicals on the list. If the authority includes a class of chemicals on the list, the authority may exclude from the list sp…
A manufacturer of a cosmetic product sold or offered for sale in this state that contains a chemical included on the list adopted and maintained under ORS 431A.335 in an amount at or above a de minimis level shall include a notice for Oregon consumers on the manufacturer’s website. The notice must contain:
Information that satisfies all of the labeling requ…
A manufacturer may not knowingly manufacture, sell, offer for sale, distribute for sale or distribute for use in this state any cosmetic product that contains any of the following intentionally added chemicals or classes of chemicals above the practical quantification limit:
Ortho-phthalates;
Perfluoroalkyl and polyfluoroalkyl substances;
Formaldehyde (CA…
The Oregon Health Authority may impose a civil penalty on a manufacturer of cosmetic products for a violation of any provision of ORS 431A.340 or 431A.345.
For purposes of assessing civil penalties under this section, a violation consists of a single course of conduct with regard to an entire cosmetic product line that is sold or offered for sale in this st…
Lead poisoning is a significant health concern because lead is a potent neurotoxin that affects every system of the human body. It is harmful to individuals of all ages and is especially harmful to children, fetuses and women of childbearing age. Lead poisoning is one of the most common and preventable pediatric health problems in Oregon.
Common renovation …
As used in ORS 431A.355 and 431A.358:
“Certified” and “certification” means an action by the Oregon Health Authority verifying the successful completion of a training program accredited by the authority and any other requirements.
“Firm” has the meaning given that term in 40 C.F.R. 745.83 and as further defined pursuant to the authorities described in ORS …
The Oregon Health Authority shall:
Certify firms and individuals to perform lead-based paint activities;
Certify firms to perform renovation;
Accredit training providers to provide lead-based paint activities and renovation training;
Develop and approve training programs for lead-based paint activities and renovation;
Establish standards based on best p…
An individual may not perform or offer to perform lead-based paint activities unless the individual is certified as provided under ORS 431A.355.
A firm may not perform or offer to perform a renovation for compensation unless the firm is certified as provided under ORS 431A.355.
A firm may not perform or offer to perform lead-based paint activities unless t…
The Oregon Health Authority shall develop and maintain a lead poisoning prevention clearinghouse on its website for public and private schools that provide instruction at levels kindergarten through grade 12 in order to provide these schools with information about:
The dangers to students posed by the exposure to lead; and
How to best protect students from…
The Oregon Health Authority may impose a civil penalty of not more than $5,000 per violation per day on any person who violates:
ORS 431A.358;
A rule adopted under ORS 431A.355; or
An order issued by the authority pursuant to this section or ORS 431A.355 or 431A.358.
If the authority has reason to believe that a person is engaging in an act or practice t…
Costs imposed by the Oregon Health Authority pursuant to ORS 431A.363 are due and payable 10 days after the order imposing the costs becomes final. A person against whom costs are imposed must be served with a notice in the manner provided in ORS 183.415.
The person served under subsection (1) of this section may, within 20 days of the date of the notice, m…
As used in this section:
“Eligible entity” means a:
Local government as defined in ORS 174.116;
Local housing authority;
Nonprofit organization;
Federally recognized Indian tribe in Oregon;
Indian health center;
Coordinated care organization as defined in ORS 414.025;
Community action agency as described in ORS 458.505;
Manufactured dwelling park no…
There is established in the State Treasury the Healthy Homes Repair Fund, separate and distinct from the General Fund. Interest earned by the Healthy Homes Repair Fund is credited to the fund. The purpose of the fund is to:
Fund grants to eligible entities under the Healthy Homes Program established under ORS 431A.400; and
Pay for the administrative expens…
As used in this section:
“Public education provider” has the meaning given that term in ORS 326.545.
“Smoke filtration system” means an air filtration system capable of removing particulates and other harmful components of wildfire smoke in a public building.
In consultation and coordination with the Oregon Health Authority, the Department of Human Servic…
As used in this section:
“Public education provider” has the meaning given that term in ORS 326.545.
“Support” includes, but is not limited to, providing technical expertise, equipment, staff assistance, training and general assistance.
The Department of Human Services is the lead state agency for supporting operations for spaces that provide cleaner air,…
As used in this section, “smoke filtration device” means portable air cleaners and furnace, heating, ventilation and air conditioning filters that are intended to remove contaminants, including particulates and other harmful components of wildfire smoke, from the air in a room to improve indoor air quality.
The Oregon Health Authority shall establish a prog…
The Oregon Health Authority shall periodically report to an appropriate committee or interim committee of the Legislative Assembly, as described in ORS 192.245, to the State Wildfire Programs Director and to the Wildfire Programs Advisory Council on:
The use of smoke filtration devices funded under ORS 431A.415, including use of the smoke filtration devices…
As used in this section:
“Air conditioner” means a portable, stand-up air conditioner that has an energy efficiency ratio rating of eight or higher.
“Air filter” means an air filtering device that uses a high-efficiency particulate air (HEPA) filter to remove contaminating particles from the air.
“Air filter” does not include a device that is labeled an “…
As used in this section, “health club” means an indoor facility:
With the primary purpose of offering exercise or athletic activities that patrons or members may participate in for a fee; and
That typically has at the facility on a regular business day 50 or more persons who are employees, patrons or members participating in the exercise or athletic activi…
As used in this section, “place of public assembly” means a single building that has 50,000 square feet or more of indoor floor space and where:
The public congregates for purposes such as deliberation, shopping, entertainment, amusement or awaiting transportation; or
Business activities are conducted; and
At least 50 individuals congregate on a normal bu…
The Legislative Assembly recognizes that substance use disorders, including opioid and opiate addiction, negatively impact the residents of this state. Therefore, it is the intent of the Legislative Assembly that substance use disorders be considered as chronic illnesses for which commensurate treatment is available and provided.
As used in this section, “medication-assisted treatment” means any medication, and the dispensing or administering of the medication, that is approved by the United States Food and Drug Administration on or before January 1, 2024, for the treatment of substance use disorders, and that is used for that purpose, including opioid and opiate addiction.
The Oreg…
The Oregon Health Authority shall educate residents of this state about:
The need for bone marrow donors;
The procedures required to become registered as a potential bone marrow donor, including procedures for determining a person’s tissue type; and
The medical procedures a donor must undergo to donate bone marrow or other sources of blood stem cells.
Th…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The Stroke Care Committee is established under the Oregon Health Authority.
The Director of the Oregon Health Authority shall appoint at least 10 members to serve on the committee as follows:
Two physicians who specialize in the care of stroke patients, one of whom is a neurologist;
One physician who specializes in emergency medicine;
At least three hosp…
The Oregon Health Authority shall, in accordance with recommendations made by the Stroke Care Committee established under ORS 431A.525, establish and implement a plan for achieving continuous improvement in the quality of stroke care. In implementing the plan, the authority shall:
Require hospitals certified as Comprehensive Stroke Centers or Primary Stroke…
A facility, as defined in 42 U.S.C. 263b, must provide written notice, in the form prescribed by the Oregon Health Authority under subsection (2) of this section, to a patient on whom the facility has performed a mammogram if the mammogram shows the patient has dense breast tissue.
The authority shall prescribe by rule the form and content of the notice pro…
The Oregon Health Authority shall make written materials available on the authority’s website to educate breast cancer patients about the availability of insurance coverage for breast reconstruction surgery and breast prostheses following a mastectomy. The authority shall update the materials at least annually.
The authority shall place a link to the educat…
As used in this section:
“Communicable disease” has the meaning given that term in ORS 431A.005.
“Good faith effort to obtain the voluntary consent of the source person” includes a good faith effort to locate or contact the source person.
“Significant exposure” means direct contact with blood, bodily fluids or other potentially infectious materials of a p…
The Oregon Health Authority shall provide to the counties of this state pamphlets described in ORS 106.081. The authority may produce such pamphlets with moneys available for the purpose or may accept a gift of such pamphlets from any public or private source if the content is acceptable to the authority.
FEMALE GENITAL MUTILATION
The Oregon Health Authority shall establish and implement appropriate education, prevention and outreach activities in communities that traditionally practice female circumcision, excision or infibulation for the purpose of informing:
Those communities of the health risks and emotional trauma inflicted by the practices;
Those communities and the medical co…
The Oregon Health Authority shall establish an acquired immune deficiency syndrome program:
To provide education and prevention services to its clients; and
To provide education and prevention services to the public.
Programs authorized by this section may be operated by the authority directly or under contract with public and private agencies.
ALZHEIMER…
There is established as a separate and distinct fund in the State Treasury an Alzheimer’s Disease Research Fund. The Alzheimer’s Disease Research Fund shall consist of:
An amount credited to the fund pursuant to ORS 305.690 to 305.753, which shall be transferred by the Department of Revenue to the fund.
Gifts, grants and donations, in money or otherwise, f…
Oregon Health and Science University shall have access to and control of the moneys held in the Alzheimer’s Disease Research Fund established under ORS 431A.650 but shall use such moneys only for the purposes specified in ORS 431A.650 (2).
MATERNAL MENTAL HEALTH
The Maternal Mental Health Patient and Provider Education Program is created in the Oregon Health Authority. The goal of the program is to identify and address maternal mental health disorders and to prevent the associated long-term negative outcomes from the disorders that result for women, children and families.
The authority shall develop informational m…
Physicians, nurse midwives, naturopathic physicians and other licensed health care professionals who provide prenatal and postnatal care to patients may provide to each patient, and family members of the patient, if appropriate, the informational materials published by the Oregon Health Authority under ORS 431A.675 or other maternal mental health education m…
The Oregon Health Authority is authorized to apply for federal grants that are available under 42 U.S.C. 280g-11, 711 and 712 or any other appropriate federal funding source, and may solicit private gifts, grants or donations to carry out the provisions of ORS 431A.675. [Formerly 431.866]
Note: Section 4, chapter 220, Oregon Laws 2011, provides:
Sec. 4. (1…
The Oregon Health Authority shall compile information on the following:
The dangers associated with adrenal insufficiency;
How to identify a person suffering an adrenal crisis; and
The types of medications that treat adrenal insufficiency.
The authority shall disseminate the information described in subsection (1) of this section to health care professio…
Using evidence-based data and best practices, the Oregon Health Authority shall promote oral health throughout this state by ensuring the availability of dental sealant programs to students attending school in this state. To fulfill its duties under this section, the authority shall:
Screen, and ensure the provision of dental sealants to, appropriate studen…
No operative statutory text appears at this designation in the selected edition.
As used in ORS 431A.775 and 431A.780:
“Person” includes an individual, partnership, association, corporation, private institution or governmental entity.
“Recombinant DNA research” means research on molecules that consist of segments of deoxyribonucleic acid from different organisms which are joined together in cell-free systems and which have the capacity…
Persons carrying out recombinant DNA research must comply with the recombinant research guidelines adopted by the National Institutes of Health and any subsequent modifications thereof.
COMMUNITY VIOLENCE INTERVENTION PROGRAMS
The Oregon Health Authority shall establish a program to provide grants for planning, provider training and certification and general capacity to hospitals and community-based organizations to develop hospital-based violence intervention programs in communities of need other than in Multnomah County to reduce and interrupt the chronic cycle of community viol…
As used in this section:
“Act of community violence” means an intentional act of interpersonal violence committed in public by someone who is not the victim’s family member or intimate partner.
“Certified violence prevention professional” means a person certified by a program approved under subsection (2) of this section.
“Community violence prevention se…
As used in ORS 431A.855 to 431A.900:
“Dental director” means a dentist, as defined in ORS 679.010, employed by a coordinated care organization, dental clinic or office, or a system of dental clinics or offices, for the purpose of overseeing the operations of the dental clinic or office, or the system of dental clinics or offices, and ensuring the delivery o…
The Oregon Health Authority, in consultation with the Prescription Monitoring Program Advisory Commission, shall establish and maintain a prescription monitoring program for monitoring and reporting:
Except as provided in subsection (4) of this section, prescription drugs dispensed by pharmacies licensed by the State Board of Pharmacy that are classified in…
Not later than 72 hours after dispensing a prescription drug that is subject to the prescription monitoring program established under ORS 431A.855, a pharmacy shall electronically report to the Oregon Health Authority:
For prescription drugs described in ORS 431A.855 (1)(a)(A) and other drugs identified by the authority by rule:
The name, address, phone nu…
A pharmacist who dispenses a prescription drug for which reporting is required under ORS 431A.860 may receive prescription monitoring information regarding:
A patient who is an individual to whom a prescription drug is dispensed on behalf of an animal; and
An animal for which a prescription drug is prescribed.
Except as provided under subsections (2) and (3) of this section, prescription monitoring information submitted under ORS 431A.860 to the prescription monitoring program established in ORS 431A.855:
Is protected health information under ORS 192.553 to 192.581.
Is confidential and not subject to disclosure under ORS 192.311 to 192.478.
Except as provided u…
The Oregon Health Authority shall coordinate with health professional regulatory boards to make resources available to practitioners regarding the best methods to change prescribing practices with respect to opioids and opiates and to incorporate alternative pain management options into prescribing practices.
The Oregon Health Authority may require a person requesting prescription monitoring program information under ORS 431A.865 (3)(b) to enter into a data use agreement under which the person:
Describes the proposed use for the information;
Agrees to any terms and conditions imposed on transferring the information;
Agrees to any limitations imposed on using t…
The Oregon Health Authority may enter into agreements with the authorities of other states that administer prescription monitoring programs to share and use information described in ORS 431A.860 (1). An agreement entered into under this section must adhere to the disclosure limitations listed under ORS 431A.865 (3). An agreement entered into under this secti…
A pharmacist may not refuse to fill a valid prescription solely because the pharmacist cannot receive patient information from the prescription monitoring program established under ORS 431A.855 at the time the patient requests that the prescription be filled.
If a practitioner or pharmacist authorized to obtain prescription information from the electronic system established under ORS 431A.855 discloses or uses information obtained from the electronic system in violation of ORS 431A.865, the Oregon Health Authority shall report the individual to the appropriate health professional regulatory board.
In order to ensure the development, administration and evaluation of best practices for prescribing opioids and opiates, a practitioner shall register with the electronic system established under ORS 431A.855.
The Oregon Health Authority may adopt rules to administer this section.
As used in this section, “board” means:
The Oregon Medical Board;
The Oregon Board of Dentistry;
The Oregon Board of Naturopathic Medicine;
The Oregon State Board of Nursing;
The Oregon Board of Optometry; and
The State Board of Pharmacy.
At the time of issuing or renewing a license, a board shall provide the Oregon Health Authority with the licensing…
No operative statutory text appears at this designation in the selected edition.
The Prescription Monitoring Program Advisory Commission is created for the purposes of:
Studying issues related to the prescription monitoring program established under ORS 431A.855;
Reviewing the program’s annual report and making recommendations to the Oregon Health Authority regarding the operation of the program; and
Developing criteria used to evalua…
The term of office of each member of the Prescription Monitoring Program Advisory Commission is four years, but a member serves at the pleasure of the Oregon Health Authority. Before the expiration of the term of a member, the authority shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a…
The Prescription Monitoring Program Prescribing Practices Review Subcommittee is established as a subcommittee of the Prescription Monitoring Program Advisory Commission created under ORS 431A.890, for the purpose of advising the Oregon Health Authority and the commission on interpreting prescription information, understanding the clinical aspects of prescri…
Not less than once per year, the Oregon Health Authority, in consultation with the Prescription Monitoring Program Advisory Commission created under ORS 431A.890 and the Prescription Monitoring Program Prescribing Practices Review Subcommittee established under ORS 431A.896, shall develop, through the use of prescription monitoring information, criteria by w…
In addition to any other penalty provided by law, the Attorney General may impose a civil penalty not to exceed $10,000 for each violation of ORS 431A.860, 431A.865 or 431A.870. Each improper release of information from the prescription monitoring program in violation of ORS 431A.865 is a separate violation.
Civil penalties under this section shall be impos…