Oregon Revised Statutes
As used in ORS 433.001 to 433.045 and 433.110 to 433.770 unless the context requires otherwise: “Communicable disease” has the meaning given that term in ORS 431A.005. “Control” means a person without a reportable disease about whom information is collected for purposes of comparison to a person or persons with the reportable disease. “Disease outbreak” h…
The Oregon Health Authority shall by rule: Specify reportable diseases and when the diseases must be reported under this section; Identify those categories of persons who must report reportable diseases and the circumstances under which the reports must be made; Prescribe the procedures and forms for making such reports and transmitting the reports to the…
Except as provided in subsection (2) or (3) of this section, in response to each report of a reportable disease, the local public health administrator shall ensure that investigations and control measures, as prescribed by Oregon Health Authority rule, are conducted. If there has been a transfer of responsibility from a local public health authority to the …
Except as provided in subsection (2) of this section, information obtained by the Oregon Health Authority, a local public health administrator, a tribe or a tribal epidemiology center in the course of an investigation of a reportable disease or disease outbreak is confidential and is exempt from disclosure under ORS 192.311 to 192.478. Except as required fo…
Notwithstanding ORS 192.345 (3), 192.355 (2) and 433.045, if, during the course of a criminal investigation, a law enforcement unit acquires information that the person who is charged with a crime or sentenced for a crime has a reportable disease, the law enforcement unit shall disclose that information to the public health authorities who shall confirm the …
No person shall willfully cause the spread of any communicable disease within this state. Whenever the laws of this state require a person to secure a health certificate, such certificate shall be acquired from a physician licensed by the Oregon Medical Board or the Oregon Board of Naturopathic Medicine, a physician associate licensed under ORS 677.505 to 6…
The Oregon Health Authority shall provide the necessary laboratory examinations requested by local health departments for the diagnosis of those communicable diseases identified by rule of the authority to be a reportable disease.
A licensed physician, physician associate licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390 attending a pregnant woman in this state for conditions relating to her pregnancy during the period of gestation or at the time of delivery shall, as required by rul…
The Public Health Director or a local public health administrator may require testing or medical examination of any person who may have, or may have been exposed to, a communicable disease identified by rule of the Oregon Health Authority to be a reportable disease, a new or uncommon disease of potential public health significance, or a condition that is the…
As used in this section, “vaccine” includes vaccines, immune products and chemoprophylactic medications. When the State Health Officer of the Oregon Health Authority determines that there is clear evidence that adverse and avoidable health outcomes from a preventable and acute communicable disease are expected to affect identifiable categories of high-risk …
As used in this section: “Health care provider” means an individual licensed by a health professional regulatory board, as defined in ORS 676.160, the Long Term Care Administrators Board, the Board of Licensed Dietitians or the Behavior Analysis Regulatory Board. “HIV test” means a test of an individual for the presence of HIV, or for antibodies or antigen…
The Oregon Health Authority shall conduct studies of the prevalence of the HIV infection in this state. The authority shall report findings to the Oregon Public Health Advisory Board, the Conference of Local Health Officials, the Emergency Board and other interested bodies at regular intervals, commencing in January 1988. The authority may cause the prevalen…
As used in ORS 433.060 to 433.080 unless the context requires otherwise: “Authority” means the Oregon Health Authority. “Health care facility” means a facility as defined in ORS 442.015 and a mental health facility, alcohol treatment facility or drug treatment facility licensed or operated under ORS chapter 426 or 430. “Hepatitis test” means a test of an …
The Oregon Health Authority shall by rule prescribe procedures: Whereby a worker who has experienced an occupational exposure may request or cause to be requested the source person’s voluntary consent to an HIV test; Whereby a person who, while being administered health care, has experienced a substantial exposure from a worker shall be given notice of suc…
Workers, health care facilities, licensed health care providers, local public health administrators and officers and others upon whom duties are imposed by rules adopted under ORS 433.065 shall comply with such requirements. Any person having information as to the location of a source person shall, when requested for the purpose of carrying out ORS 433.045 …
When an HIV test is performed pursuant to ORS 433.080 or rules adopted under ORS 433.065, the exposed person requesting the test, or the exposed person’s employer in the case of an occupational exposure, shall be responsible for the cost of the testing. If an employer provides a program of prevention, education and testing for HIV exposures for its employee…
When the Oregon Health Authority declares by rule that mandatory testing of source persons could help a defined class of workers from being infected or infecting others with the human immunodeficiency virus, the following apply: When a source person, after having been first requested to consent to testing by rules adopted under ORS 433.065, has refused or w…
As used in this section: “Type A hospital” means a rural hospital described in ORS 442.470 (6)(a)(A). “Type B hospital” means a rural hospital described in ORS 442.470 (6)(a)(B). Once each calendar year, the Oregon Health Authority shall provide to each type A hospital and to each type B hospital in this state, at no cost to the hospital, one 30-day suppl…
IMMUNIZATION REGISTRY AND TRACKING SYSTEM
As used in ORS 433.090 to 433.102: “Authorized user” means a person or entity authorized to provide information to or to receive information from an immunization registry or tracking and recall system under ORS 433.090 to 433.102. “Authorized user” includes, but is not limited to: The Oregon Health Authority and its agents; Local health departments and th…
The purpose of ORS 433.090 to 433.102 is to waive the requirement of consent for release of information from, or providing information to, the immunization record of a client of any immunization registry and to waive issues of confidentiality in regard to this information. The waiver allows authorized users to share information from the immunization record t…
The Oregon Health Authority, a local health department, or both, or their agents or other providers may develop an immunization registry and an associated tracking and recall system. The immunization registry and tracking and recall system shall include, but not be limited to, the following: Registering all clients born in, living in or receiving services …
The Oregon Health Authority shall adopt rules requiring dentists and pharmacists to report information about the administration of vaccines to the immunization registry created under ORS 433.094. Note: 433.095 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 433 or any series therein by legislative action. …
Nothing in ORS 179.505, 192.311 to 192.478, 192.553 to 192.581 or 677.190 (5) or the client and provider privilege prevents: Authorized users from providing information to and receiving information from the immunization registry regarding a client’s immunization record or tracking and recall record; or The immunization registry from: Providing immunizatio…
An authorized user and the employees or agents of an authorized user are not liable for sharing or using information from the immunization registry regarding a client’s immunization record or tracking and recall record as provided in ORS 433.094. Information in an immunization registry regarding a client’s immunization record or tracking and recall record, …
The Oregon Health Authority shall adopt rules pertaining to the development and implementation of the immunization registries and associated tracking and recall systems. The rules must include a process that allows a client who is 18 years of age or older, a custodial parent or guardian to control the transfer of information from the client’s immunization re…
Nothing in ORS 433.090 to 433.102 is intended to affect the responsibility of a parent or guardian to have a child of that parent or guardian properly immunized. Nothing in ORS 433.090 to 433.102 is intended to require immunization or tracking of any child otherwise exempt from immunization requirements under ORS 433.267 (1)(b) or (c).
The Oregon Health Authority shall adopt rules requiring an entity that administers vaccines and receives vaccines from the authority to: Report information about the administration of the vaccine to the immunization registry created under ORS 433.094; and At least once every two years, certify that employees of the entity have completed a training session …
The immunization registry and associated tracking and recall systems established under ORS 433.094 may be used as a vaccination management and tracking system in preparation for a potential catastrophic disease threat, such as smallpox or pandemic influenza. When used as authorized by this section, the immunization registry may include persons of any age, a…
PUBLIC HEALTH MEASURES
Every physician, physician associate, naturopathic physician or nurse attending a person affected with any communicable disease shall use all precautionary measures to prevent the spread of the disease as the Oregon Health Authority may prescribe by rule.
The Public Health Director or a local public health administrator may issue an emergency administrative order causing a person or group of persons to be placed in isolation or quarantine if the Public Health Director or the local public health administrator has probable cause to believe that a person or group of persons requires immediate detention in order …
The Public Health Director or a local public health administrator may petition the circuit court for an order authorizing: The isolation or quarantine of a person or group of persons; or The continued isolation or quarantine of a person or group of persons detained under ORS 433.121. A petition filed under subsections (1) and (9) of this section must: Id…
The Public Health Director or the local public health administrator shall provide the person or group of persons detained or sought for detention under ORS 433.121 or 433.123 with a written notice informing the person or group of persons of: The right to legal counsel, including how to request and communicate with counsel; The right to petition the circuit…
When isolating or quarantining a person or group of persons in accordance with ORS 433.121 or 433.123, the Public Health Director or the local public health administrator shall adhere to the following conditions and principles: Isolation or quarantine must be by the least restrictive means necessary to prevent the spread of a communicable disease or possibl…
Entry into premises used for isolation or quarantine shall be allowed under the following conditions: The Public Health Director or the local public health administrator may authorize physicians or other health care workers or other persons access to persons or groups of persons who are in isolation or quarantine pursuant to ORS 433.121 or 433.123 as necess…
Any person or group of persons who is isolated or quarantined pursuant to ORS 433.121 or 433.123 may apply to the circuit court for an order to show cause why the individual or group should not be released. The court shall rule on the application to show cause within 48 hours of the filing of the application. The court shall grant the application if there …
Upon receiving multiple petitions under ORS 433.123, 433.133 or 433.142, to promote the fair and efficient operation of justice and having given due regard to the rights of affected persons, the severity of the threat to the public health, and the availability of necessary witnesses and evidence, a court may order the consolidation of the proceedings when: …
The circuit court shall cause to be recorded in the court records: A full account of proceedings at hearings conducted pursuant to ORS 433.121, 433.123, 433.133 and 433.136; The petitions, affidavits, judgments and orders of the court; and A copy of the orders issued. Any portion of the account of the proceedings, the transcript of testimony, the petitio…
State and local law enforcement officials, to the extent resources are available, must assist the Public Health Director or the local public health administrator in enforcing orders issued under ORS 433.121, 433.123 and 433.142.
The expenses incurred under ORS 433.128, when properly certified by the local public health administrator, shall be paid by the person who is isolated or quarantined, when the person is able to pay the expenses. The Oregon Health Authority may provide general assistance and medical assistance for the person who is isolated or quarantined, on the basis of ne…
As used in this section, “to isolate property” means to restrict access to property in a manner that reduces or prevents exposure to a toxic substance by persons. The Public Health Director or a local public health administrator may petition the circuit court to isolate property if there is reason to believe the property is contaminated with a toxic substan…
Any city or municipality may establish a quarantine hospital within or without its own limits, but if within its own limits, consent of the municipality within which it is proposed to establish such hospital shall be first obtained. Such consent shall not be necessary if the hospital is more than 800 feet from any occupied house or public highway. When a gr…
All state and local law enforcement authorities shall cooperate with any officer authorized to impose isolation or quarantine in the enforcement thereof.
If the Public Health Director finds that there is an imminent risk of the introduction into the state by means of any public or private conveyance of any dangerous communicable disease or toxic substance which presents a substantial threat to public health, the director may detain such conveyance for inspection or investigation.
If upon inspection pursuant to ORS 433.216, there is discovered among the passengers or goods being transported by any public or private conveyance the existence of any communicable disease or toxic substance that presents a substantial threat to public health, the Public Health Director, under rules of the Oregon Health Authority, may: Issue an order for t…
DISEASE CONTROL IN SCHOOLS
As used in ORS 433.235 to 433.284: “Administrator” means the principal or other person having general control and supervision of a school or children’s facility. “Children’s facility” or “facility” means: A certified child care facility as described in ORS 329A.250 to 329A.450, except as exempted by rule of the Oregon Health Authority; A program operated…
In adopting ORS 433.235 to 433.284, the Legislative Assembly recognizes the obligation of parents to have their children properly immunized and to provide to schools and facilities accurate records of immunization. Notwithstanding ORS 339.030, nothing in ORS 433.235 to 433.284 operates to remove parental liability under compulsory attendance laws.
The Director of the Oregon Health Authority shall appoint a committee to advise the Oregon Health Authority on the administration of the provisions of ORS 433.235 to 433.284, including the adoption of rules pursuant to ORS 433.269 (2), 433.273, 433.282 and 433.283. Members of the committee appointed pursuant to subsection (1) of this section shall include, …
Except in strict conformity with the rules of the Oregon Health Authority, no child or employee shall be permitted to be in any school or children’s facility when: That child or employee has any restrictable disease; That child or employee comes from any house in which exists any restrictable disease; or That child has been excluded as provided in ORS 433…
Whenever any administrator has reason to suspect that any child or employee has or has been exposed to any restrictable disease and is required by the rules of the Oregon Health Authority to be excluded from a school or children’s facility, the administrator shall send such person home and, if the disease is one that must be reported to the authority, report…
As a condition of attendance in any school or children’s facility in this state, every child through grade 12 shall submit to the administrator, unless the school or facility the child attends already has on file a record that indicates that the child has received immunizations against the restrictable diseases prescribed by rules of the Oregon Health Author…
A local public health authority shall ensure that immunizations required under ORS 433.282 and 433.283 and the rules adopted pursuant to ORS 433.273 for attendance at a school, children’s facility or post-secondary educational institution are available through local health care providers or the local public health authority or its contractors: To the entire…
The Oregon Health Authority may not purchase or distribute a pediatric vaccine necessary for school entry immunization requirements if the vaccine contains thimerosal, unless thimerosal is detectable only in trace amounts or no other vaccine for the same purpose is commercially available in a form that does not contain thimerosal. The authority may purchase …
The Oregon Health Authority shall adopt rules pertaining to the implementation of ORS 433.235 to 433.284, which shall include, but need not be limited to: The definition of “restrictable” disease; The required immunization against diseases; The time schedule for immunization; The approved means of immunization; The procedures and time schedule whereby c…
Nothing in ORS 179.505, 192.553 to 192.581, 326.565, 326.575 or 336.187 prevents: Inspection by or release to administrators by local health departments of information relating to the status of a person’s immunization against restrictable diseases without the consent of the person, if the person has been emancipated or has reached the age of majority, or th…
As used in this section, “post-secondary institution of education” means: A public university listed in ORS 352.002; A community college operated under ORS chapter 341; or An Oregon-based, generally accredited, private institution of higher education. Each post-secondary institution of education that provides housing for students shall provide to each st…
The Oregon Health Authority may require each post-secondary educational institution, except a community college or a career school, to require, using procedures developed by the institution, each full-time student to be immunized, as required for children attending school pursuant to rules adopted by the authority under ORS 433.273, before the student’s seco…
The Oregon Health Authority may require each community college to 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 current immunizations for measles prior to each student’s participation. The requirement shall apply …
Private schools, children’s facilities and post-secondary educational institutions may adopt additional or more stringent requirements as long as exemptions are included and the requirements are in compliance with the United States Public Health Service Advisory Committee on Immunization Practices recommendations.
STATE PUBLIC HEALTH LABORATORY
The Oregon Health Authority shall maintain a state public health laboratory that is capable of: Analyzing biological and environmental samples for public health purposes; and Performing newborn bloodspot screening as specified in ORS 433.288. In accordance with rules adopted by the authority, the state public health laboratory may analyze samples or perfo…
It is the public health policy of the State of Oregon that each infant in Oregon undergo newborn bloodspot screening for medical conditions that, if detected early, can be mitigated or treated to prevent harmful health effects. The Oregon Health Authority shall administer a newborn bloodspot screening program to advance the public health policy described in…
To ensure proper testing and follow-up care and increase public awareness of the newborn bloodspot screening program described in ORS 433.288, the Oregon Health Authority shall, subject to available resources, implement: An educational program for health care providers, expectant parents, parents or guardians of infants and the general public. A follow-up …
Health care providers and health care facilities that provide services to infants in Oregon shall: Ensure that specimens for newborn bloodspot screening are collected and delivered pursuant to rules adopted by the Oregon Health Authority under ORS 433.288; Ensure that an infant receives medically appropriate care consistent with the results of a newborn bl…
The Oregon Health Authority shall compile information on the following: The transmission of congenital cytomegalovirus and methods to reduce the risk of infection during pregnancy; The signs and symptoms of and methods of diagnosing congenital cytomegalovirus; The potential complications associated with congenital cytomegalovirus; and Treating and managi…
The Newborn Bloodspot Screening Advisory Board is established in the Oregon Health Authority. The board consists of 13 voting members appointed by the Director of the Oregon Health Authority as follows: One member who is a person affected by a disorder included in the newborn screening panel or a family member of a person affected by a disorder included in…
As used in this section, “community” means a geographic region, county, tribe or other group of individuals living in proximity as defined by the Oregon Health Authority by rule. The authority shall design, implement and maintain a voluntary statewide program to provide universal newborn nurse home visiting services to all families with newborns residing in…
It is the policy of the State of Oregon that all newborn infants born in hospital or out of hospital receive vitamin K before they are 24 hours old.
A physician licensed under ORS chapter 677, 684 or 685 or a midwife attending the mother at the birth of a child is responsible for ensuring that the newborn infant receives vitamin K within 24 hours after birth by the most effective means. The procedure described in subsection (1) of this section does not apply to any newborn infant whose parents object to…
The Oregon Health Authority, in consultation with the Oregon Pediatric Society, shall establish by rule the appropriate dosage of vitamin K to be administered pursuant to ORS 433.306 and the most effective procedures for administering vitamin K. The authority, in cooperation with the licensing boards established in ORS chapters 677, 684 and 685, shall notif…
The Oregon Health Authority shall institute and carry on an educational program among physicians licensed under ORS 677.100 to 677.228, naturopathic physicians, chiropractors, midwives, potential parents and the public concerning the need for newborn infants to receive vitamin K within 24 hours after birth.
As used in this section, “birthing facility” means a health care facility, as defined in ORS 442.015, that provides services related to the delivery of newborns. The Oregon Health Authority shall adopt rules requiring birthing facilities located in this state to perform a pulse oximetry screening on each newborn delivered at the birthing facility before dis…
In all Oregon hospitals and birthing centers where more than 200 live births occur per year, each newborn child must receive a newborn hearing screening test. A hospital or birthing center shall attempt to conduct the test required under this subsection prior to the discharge of the newborn child from the facility. All Oregon hospitals and birthing centers …
As used in this section: “Newborn hearing screening test registry” means a listing of newborn children and information related to their newborn hearing screening tests. “Tracking and recall system” means a system attached to the newborn hearing screening test registry designed to contact the parent or guardian of a newborn child listed in the newborn heari…
The purpose of ORS 433.321, 433.323 and 433.327 and section 4, chapter 240, Oregon Laws 2003, is to waive the requirement of authorization to disclose information from, or provide information to, the record of a newborn child in the newborn hearing screening test registry and to waive confidentiality in regard to this information. The waiver allows providers…
A person may not maintain an action for damages against an Oregon hospital, birthing center, diagnostic facility or educational institution offering early intervention services as defined in ORS 343.035 or their employees for disclosures of information made in good faith in accordance with ORS 433.321 and 433.323. Note: See note under 433.326. TUBERCULOSIS
Any representative of a religious denomination, householder, nurse, parent, guardian or other person attending to, or in any way having knowledge of the existence of a case of pulmonary tuberculosis, including the affected person, must immediately report the fact to the Oregon Health Authority. The names and addresses of all persons reported as having pulmon…
The Oregon Health Authority shall, upon receiving a report that any person has tuberculosis, make such investigation of the case as is necessary to determine whether or not the person reported has communicable tuberculosis. Upon finding that any person has communicable tuberculosis, the authority shall exercise such control over the affected person and conta…
RABIES CONTROL
As used in ORS 433.340 to 433.390 unless the context requires otherwise: “Animal” means a dog or other animal of a species susceptible to rabies. “Owner” means any person having a right of property in an animal or who harbors an animal or who has it in the care of the person, or acts as its custodian, or who knowingly permits an animal to remain on or abou…
If an animal bites a person and the bite causes a break in the skin, or if an animal is suspected of rabies or has been in close contact with an animal suspected of rabies, the facts shall be immediately reported to the local health officer by any person having direct knowledge. The Oregon Health Authority, in consultation with the State Department of Agric…
When confinement and observation of an animal for purposes of determining infection with rabies will not avoid the necessity of the application of painful or possibly dangerous preventative treatment to a person who has been bitten or scratched by such animal, the Director of the Oregon Health Authority may order possession of the animal to be immediately re…
In the event of the refusal of the owner or person in possession of an animal to comply with an order of the Director of the Oregon Health Authority under ORS 433.350, the director or the authorized representative of the director may petition the circuit court of the county in which such animal is located for an order requiring such owner or person to comply…
Whenever a case of animal rabies occurs, the fact shall be reported to the Director of the Oregon Health Authority and to the State Department of Agriculture immediately. The department, in consultation with the Oregon Health Authority, shall establish a quarantine pursuant to ORS chapter 596 if the department and the authority find that a quarantine is nec…
A dog that has permanent canine teeth or that is six months of age or older must be inoculated against rabies, unless specifically exempted by rule of the Oregon Health Authority or the State Department of Agriculture. Unless pursuant to conditions specified in ORS 430.357, any rules of the department or the authority with respect to inoculation shall: Not…
The Oregon Health Authority shall be responsible for development and coordination of vaccination clinics at sufficient and reasonable times at various locations throughout the state for the inoculation of dogs against rabies. Costs of vaccination shall be borne by the dog owner.
Every veterinarian inoculating an animal against rabies shall supply to the owner evidence of inoculation which shall consist of a certificate issued and signed by the veterinarian. The form of the certificate shall be prescribed by the Oregon Health Authority.
The owner of the animal shall present by mail or otherwise the inoculation certificate, together with the fee fixed pursuant to ORS 433.380, if any, to the clerk of the county in which the owner resides. The county shall upon receipt of the fee and presentation of the certificate issue to the owner a serial-numbered tag, legibly identifying its expiration d…
Notwithstanding ORS 433.375 or any other provision of law, a county or city may consider issuance of a license for a dog as verification of there being a certificate of inoculation on file and need not issue a tag pursuant to ORS 433.375 (2).
Notwithstanding ORS 192.001 to 192.170, the county or city may dispose of certificates of inoculation upon their expiration date.
A fee for the tag and replacement tag may be fixed in each county by the governing body of the county in such amount as it finds necessary to enable the county to carry out the provisions of ORS 433.365, 433.370 and 433.380 to 433.390 and the regulations promulgated hereunder and shall not be considered a license or tax within the meaning of ORS 609.100.
Any animal in violation of ORS 433.365 shall be apprehended and impounded. All animals apprehended and impounded under this section shall be held in adequate and sanitary pounds to be established or contracted for in each county by the governing body of the county. All animals so impounded shall be given proper care and maintenance. When an animal is appre…
All moneys received by a county under ORS 433.340 to 433.390 and 433.990 (6) shall be paid to the county dog control fund. The governing body of the county may, in the event of a rabies outbreak within the county, use such portion of the dog control fund as it deems necessary to purchase rabies vaccine for administration to animals under the direction of th…
PROCEDURE WHERE WORKERS EXPOSED TO INFECTIOUS DISEASE
As used in ORS 433.407 to 433.423 unless the context requires otherwise: “Authority” means the Oregon Health Authority. “Health care facility” means a facility as defined in ORS 442.015 and a mental health facility, alcohol treatment facility or drug treatment facility licensed or operated under ORS chapter 426 or 430. “Worker” means a person who is licen…
The Legislative Assembly finds that by reason of and in the course of their employment, health care workers and emergency response employees, are subject to exposure to infectious diseases, that this exposure is not fully preventable due to the nature of their duties and that health care workers should be informed of exposure to infectious diseases as soon a…
An employer of a health care worker at risk of contracting an infectious disease in the course of employment shall provide to the worker preventive immunization for infectious disease if such preventive immunization is available and is medically appropriate. Such preventive immunization shall be provided by the employer at no cost to the worker. A worker s…
When a local health department or the Oregon Health Authority learns of a case or suspected case of an infectious disease which may have exposed a worker to risk of infection, the local health department or the authority shall make every reasonable effort to notify the worker and employer of the exposure as soon as medically appropriate given the urgency of …
The Oregon Health Authority shall adopt rules implementing ORS 433.407 to 433.423. Such rules shall include, but need not be limited to: The development of curriculum dealing with the exposure of workers to infectious diseases; Development and conduct of training programs for local health department personnel to prepare them to train workers about the subj…
PUBLIC HEALTH EMERGENCIES
Upon the occurrence of a public health emergency, the Governor may declare a state of public health emergency as authorized by ORS 433.441 to 433.452 to protect the public health. A declaration of a state of public health emergency must specify: The nature of the public health emergency; The political subdivision or geographic area subject to the declarat…
As used in ORS 433.441 to 433.452: “Bioterrorism” means the intentional use of any microorganism, virus, infectious substance or biological product to cause death, disease or other biological harm to a human, an animal, a plant or another living organism. “Communicable disease” has the meaning given that term in ORS 431A.005. “Local public health authorit…
As used in this section: “Covered entity” means: The Children’s Health Insurance Program; A health insurer that is an insurer as defined in ORS 731.106 and that issues health insurance as defined in ORS 731.162; The state medical assistance program; and A health care provider. “Health care provider” includes but is not limited to: A psychologist, occu…
During a disease outbreak, as defined in ORS 431A.005, the Public Health Director may authorize pharmacists licensed under ORS chapter 689 to administer vaccines to persons who are three years of age or older for a specified period of time if the Public Health Director determines that such authorization is necessary to protect the public’s health. Note: 433…
The Governor may seek assistance under the Emergency Management Assistance Compact during a state of public health emergency to obtain additional resources for providing services directly related to mitigation of the crisis.
During a state of public health emergency declared under ORS 433.441 or during a state of emergency declared under ORS 401.165 that is related to a state of public health emergency that has not expired, the immunization registry and tracking and recall system established under ORS 433.094 may be used as a vaccination management and tracking system for the pu…
As used in this section: “Contaminated material” means wastes or other materials exposed to or tainted by chemical, radiological, or biological substances or agents. “Transmissible agent” means a biological substance capable of causing disease or infection through individual to individual transmission, animal to individual transmission, or other modes of t…
If the Public Health Director or the local public health administrator reasonably believes a person within the jurisdiction of the director or the administrator may have been exposed to a communicable disease identified by rule of the Oregon Health Authority to be a reportable disease or condition or a condition that is the basis for a state of public health…
A person or group of persons subject to isolation or quarantine or other public health measure pursuant to ORS 433.121 or 433.123 has the right to be represented by legal counsel if the person or group of persons so elects. If the person or group of persons requests legal counsel and cannot afford counsel, the court shall appoint legal counsel. If no request…
INDOOR AIR POLLUTION
As used in ORS 433.502 to 433.526, 455.445 and 468A.775 to 468A.785: “Office workplace” means any enclosed nonmanufacturing indoor area, located in a building of more than 4,000 square feet, and in which 50 or more employees, as defined in ORS 654.005 spend any part of their working hours. “Public area” means any enclosed indoor area open to and frequented…
The Legislative Assembly finds and declares: Scientific studies reveal that indoor concentrations of some pollutants are frequently higher than outdoor concentrations of those pollutants and that indoor pollutant concentrations can exceed health-based standards. On the average, people spend at least 90 percent of their time indoors, and, as a result, the p…
Subject to available funds, the Oregon Health Authority may establish a broad public information program to educate the public on indoor air pollutants, their identities, causes and effects, and on effective practical methods for preventing, detecting and correcting the causes of indoor air pollution. Note: See note under 433.502.
Subject to available funds, the Oregon Health Authority may conduct field investigations and epidemiological studies to quantify the extent of indoor air pollution levels and public exposure in Oregon. Field investigations shall be conducted in a manner that does not compete with the business of private contractors. Epidemiological studies may be conducted t…
Based upon the recommendations of the Indoor Air Pollution Task Force, the Oregon Health Authority may establish indoor air quality standards for significant indoor air pollutants. If established, the standards: Shall include an adequate margin of safety; Shall be adequate to protect the population, including sensitive groups; and May be revised as approp…
The Oregon Health Authority may establish by rule a public recognition program for office workplaces, buildings and public areas that consistently meet the indoor air quality requirements of ORS 433.502 to 433.526, 455.445 and 468A.775 to 468A.785. Any workplace, building or public area that qualifies for such recognition may display a notice indicating that…
MISCELLANEOUS SANITATION PROVISIONS
No person having delivered merchandise, such as clothing, wearing apparel of every description, hair goods, brushes, rubber goods, books, mattresses, blankets, sheets, pillows or other kinds of bedding, to any person or institution at or thereafter taken to any place where any communicable disease exists or may exist, after the delivery of such merchandise, …
REGULATION OF OUTDOOR MASS GATHERINGS
As used in ORS 433.735 to 433.770 and 433.990 (7): “Organizer” includes any person who holds, stages or sponsors an outdoor mass gathering and the owner, lessee or possessor of the real property upon which the outdoor mass gathering is to take place. “Outdoor mass gathering,” unless otherwise defined by county ordinance, means an actual or reasonably antic…
The Legislative Assembly finds that the uncontrolled outdoor gatherings of large groups of persons for extended periods of time have necessitated a need for the establishment of reasonable health and safety rules to regulate such outdoor mass gatherings.
An organizer may not hold an outdoor mass gathering or allow an outdoor mass gathering to be held on real property that the organizer owns, leases or possesses unless the governing body of the county in which the outdoor mass gathering is to take place issues the organizer a permit to hold the outdoor mass gathering. A permit issued under this section does …
Unless a county decides that a land use permit is required, the county in which an outdoor mass gathering is to take place shall issue a permit upon application if the organizer demonstrates compliance with or the ability to comply with the health and safety rules governing outdoor mass gatherings to be regulated according to the anticipated crowd and adopte…
In reviewing an application for a permit to hold an outdoor mass gathering, the county governing body may require such plans, specifications and reports as it may deem necessary for proper review and it may request and shall receive from all public officers, departments and agencies of the state and its political subdivisions such cooperation and assistance …
Notwithstanding any other provisions of law, the Oregon Health Authority shall, in accordance with the provisions of ORS chapter 183, make rules regulated according to anticipated crowds with respect to health and safety at outdoor mass gatherings which provide for: Adequate water supply, drainage and sewerage facilities; Adequate toilet facilities; Adequ…
An application for an outdoor mass gathering for which the county decides that a land use permit is required, or for any gathering of more than 3,000 persons any part of which is held outdoors and which continues or can reasonably be expected to continue for a period exceeding that allowable for an outdoor mass gathering, shall be allowed by a county if: Th…
ORS 433.735 to 433.770 and 433.990 (7) and any rules adopted under ORS 433.735 to 433.770 and 433.990 (7) do not preempt the right of a county to enact ordinances or regulations not inconsistent with ORS 433.735 to 433.770 and 433.990 (7) or any rules adopted under ORS 433.735 to 433.770 and 433.990 (7), except that a county may not, under ORS 433.750 or 433…
ORS 433.735 to 433.770 and 433.990 (7) apply to outdoor mass gatherings defined by county ordinance as well as to those defined by ORS 433.735.
In addition to and not in lieu of the maintenance of other actions for any violation of ORS 433.745, the district attorney for the county in which an outdoor mass gathering is to be held may maintain an action in any court of general equitable jurisdiction to prevent, restrain or enjoin any violation of ORS 433.745. Cases filed under the provisions of this …
As used in ORS 433.800 to 433.830, unless the context requires otherwise: “Adrenal crisis” means a sudden, severe worsening of symptoms associated with adrenal insufficiency, such as severe pain in the lower back, abdomen or legs, vomiting, diarrhea, dehydration, low blood pressure or loss of consciousness. “Adrenal insufficiency” means a hormonal disorder…
It is the purpose of ORS 433.800 to 433.830 to provide a means of authorizing certain individuals when a licensed health care professional is not immediately available to administer lifesaving treatment to persons: Who have severe allergic responses to insect stings and other allergens; Who are experiencing severe hypoglycemia when other treatment has fail…
The Oregon Health Authority shall: Adopt rules necessary for the administration of ORS 433.800 to 433.830, including defining circumstances under which ORS 433.800 to 433.815, 433.817 and 433.825 shall apply. The authority shall include input from the educational system, health care provider organizations and other interested parties when adopting rules or …
Educational training on the treatment of allergic responses, as required by ORS 433.800 to 433.830, shall be conducted by a physician, physician associate or nurse practitioner. The training may be conducted by any other health care professional licensed under ORS chapter 678 as assigned by a physician, physician associate or nurse practitioner, or by an eme…
Educational training on the treatment of allergic responses, as required by ORS 433.800 to 433.830, may be conducted by a public health authority or organization or by any other entity or individual approved by the Oregon Health Authority by rule. The training curricula under this section must include the following subjects: Recognition of the symptoms of s…
A person eligible to receive the training described in ORS 433.815 and 433.817 must meet the following requirements: Be 18 years of age or older; and Have, or reasonably expect to have, responsibility for or contact with at least one other person as a result of the eligible person’s occupational or volunteer status, such as camp counselors, scout leaders, …
A person who has successfully completed educational training described in ORS 433.815 or 433.817 for severe allergic responses may receive from any health care professional who has appropriate prescriptive privileges and who is licensed under ORS chapter 677 or 678 a prescription for premeasured doses of epinephrine and the necessary paraphernalia for admini…
No cause of action shall arise against a person who has successfully completed an educational training program described in ORS 433.815 or 433.817 for any act or omission of the person when acting in good faith while rendering emergency treatment pursuant to the authority granted by ORS 433.800 to 433.830, except where such conduct can be described as wanton…
As used in ORS 433.835 to 433.875: “Cigar bar” means a business that: Has on-site sales of cigars as defined in ORS 323.500; Has a humidor on the premises; Allows the smoking of cigars on the premises but prohibits the smoking, aerosolizing or vaporizing of other inhalants on the premises; Has been issued and operates under a full on-premises sales lice…
The people of Oregon find that because exposure to secondhand smoke, certain exhaled small particulate matter or other exhaled toxins is known to cause cancer and other chronic diseases such as heart disease, asthma and bronchitis, it is necessary to reduce exposure to such smoke, matter or toxins by prohibiting the smoking, aerosolizing or vaporizing of inh…
A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument in a public place or place of employment except as provided in ORS 433.850. A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument within 10 feet of the following parts of public places or places of employment: Entrance…
The Oregon Health Authority shall adopt rules establishing a certification system for smoke shops and any rules necessary for the implementation, administration and enforcement of ORS 433.835 to 433.875. In adopting rules under this section, the authority shall prohibit the smoking, aerosolizing or vaporizing of inhalants that are not tobacco products in smo…
An employer: Shall provide for employees a place of employment that is free of all smoke, aerosols and vapors containing inhalants; and May not allow employees to smoke, aerosolize or vaporize inhalants at the place of employment. Notwithstanding subsection (1) of this section: The owner or person in charge of a hotel or motel may designate up to 25 perc…
The Oregon Health Authority, in accordance with the provisions of ORS chapter 183: Shall adopt rules necessary to implement the provisions of ORS 433.835 to 433.875; Is responsible for ensuring compliance with ORS 433.835 to 433.875 and rules adopted under ORS 433.835 to 433.875; and May impose a civil penalty not to exceed $500 per day for each violation…
The Oregon Health Authority or local public health authority, as defined in ORS 431.003, may institute an action in the circuit court of the county where the violation occurred to enjoin repeated violations of ORS 433.850.
ORS 433.835 to 433.875 and rules adopted under ORS 433.835 to 433.875 are in addition to and not in lieu of any other law regulating the smoking, aerosolizing or vaporizing of inhalants.
ORS 433.835 to 433.875 and 433.990 (5) shall be cited as the Oregon Indoor Clean Air Act. PENALTIES
Violation of ORS 433.004 or 433.008, 433.255, 433.260 or 433.715 is a Class A misdemeanor. Violation of ORS 433.010 is a Class C felony. Violation of ORS 433.035 is a Class C misdemeanor. Violation of ORS 433.131 is a Class D violation. Violation of ORS 433.850 is a Class A violation. Fines imposed against a single employer under this subsection may not …
Violation of ORS 433.329 is punishable, upon conviction, as provided in ORS 431.990. _______________