Oregon Law
Law as of Jan 1, 2026
Chapter contents
431A.005Definitions 431A.010Power of Oregon Health Authority and local public health administrators to enforce public health laws; authorized actions; rules; penalties 431A.015Authority of Public Health Director to take public health actions; authorized actions; rules 431A.020Rules 431A.050Oregon Health Authority to develop comprehensive emergency medical services and trauma system 431A.055State Trauma Advisory Board 431A.060Designation of trauma areas; rules; trauma system hospitals 431A.065Oregon Health Authority to adopt rules for trauma system hospitals 431A.070Area trauma advisory boards; duties; members 431A.075Liability of provider 431A.080Duties of Oregon Health Authority related to trauma 431A.085Emergency Medical Services and Trauma Systems Program created in Oregon Health Authority; Oregon Trauma Registry; rules 431A.090Designation of other trauma centers 431A.095Reporting of certain patients; reimbursement for certain services 431A.100Release of information from Oregon Trauma Registry 431A.105Emergency Medical Services for Children Program; duties of Oregon Health Authority 431A.108Oregon Health Authority to notify emergency departments of information related to hemoglobinopathies and hematologists 431A.125Oregon Health Authority powers; rules 431A.150Smoking cessation program reimbursement; rules 431A.153Tobacco Use Reduction Account 431A.155Oregon Health Authority to adopt rules for awarding grants 431A.158Oregon Health Authority to prepare report 431A.175Definitions; unlawful activities; notice; rules 431A.178Civil penalty for violation of ORS 431A.175, other law, rule or regulation governing tobacco products or inhalant delivery systems 431A.180[Formerly 431.850; repealed by 2021 c.586 §19] 431A.183Agreements to enforce regulation of tobacco products and inhalant delivery systems; report; rules 431A.190Definitions for ORS 431A.190 to 431A.216 431A.192Purpose 431A.194Licensure requirement 431A.196Exempted premises 431A.198Licensure; fees; rules; exemption 431A.200Proof of licensure 431A.202Revocation, suspension, refusal to issue or renew; rules 431A.204Seizure and forfeiture of contraband products; appeal 431A.206Suspense account for administration and enforcement 431A.208Rules 431A.210Fees 431A.212Intergovernmental agreements 431A.214Suspense account for fee money transfers 431A.216Civil penalty for violation of ORS 431A.190 to 431A.216, other law, rule or regulation governing tobacco products or inhalant delivery systems 431A.218Local regulation 431A.220Continuity 431A.250Short title 431A.253Definitions 431A.255List of high priority chemicals of concern in children’s products; practical quantification limits 431A.258Disclosure by manufacturers; notice requirement; exemption 431A.260Requirement to remove or substitute high priority chemicals of concern; waivers; exemptions 431A.263Process for substituting chemicals; rules 431A.265Process for waiving requirement to remove or substitute chemicals 431A.268Exemption from requirement to remove or substitute chemicals 431A.270Testing for compliance; fee schedule; rules 431A.273Participation in Interstate Chemicals Clearinghouse 431A.275Civil penalty for violation of ORS 431A.258, 431A.260 or 431A.263 431A.278High Priority Chemicals of Concern for Children’s Health Fund 431A.280Biennial report to Legislative Assembly 431A.300[Formerly 431.870; repealed by 2025 c.405 §13] 431A.303[Formerly 431.875; repealed by 2025 c.405 §13] 431A.305[Formerly 431.880; repealed by 2025 c.405 §13] 431A.308[Formerly 431.885; repealed by 2025 c.405 §13] 431A.310[Formerly 431.887; repealed by 2025 c.405 §13] 431A.313[Formerly 431.890; repealed by 2025 c.405 §13] 431A.315[Formerly 431.895; repealed by 2025 c.405 §13] 431A.318[Formerly 431.900; repealed by 2025 c.405 §13] 431A.320[Formerly 431.905; repealed by 2025 c.405 §13] 431A.323[Formerly 431.910; repealed by 2025 c.405 §13] 431A.325[Formerly 431.915; repealed by 2025 c.405 §13] 431A.330Definitions 431A.335List of high priority chemicals of concern in cosmetic products; practical quantification limits 431A.340Manufacturer notice requirements 431A.345Prohibition on certain intentionally added chemicals or classes of chemicals 431A.349Civil penalty for violation of ORS 431A.340 or 431A.345; rules; statements of compliance 431A.350Lead poisoning 431A.353Definitions 431A.355Power of Oregon Health Authority to regulate lead-based paint activities and renovation; fees 431A.358Performance of lead-based paint activities and renovation without certification prohibited 431A.360Lead poisoning prevention clearinghouse for schools 431A.363Civil penalty for violation of ORS 431A.355 or 431A.358; hearing 431A.365Costs imposed pursuant to ORS 431A.363; notice; hearing; lien 431A.400Healthy Homes Program; grants; reporting; rules 431A.402Healthy Homes Repair Fund 431A.410Grants for clean air programs 431A.412Department of Human Services as lead state agency for clean air shelter operations 431A.415Oregon Health Authority grants for purchase of smoke filtration devices; rules 431A.417Reporting on smoke filtration device grants 431A.430Air conditioner and air filter deployment program; eligibility; rules 431A.450Automated external defibrillators required at health clubs; exception 431A.455Automated external defibrillators required at places of public assembly; exceptions 431A.460Legislative findings 431A.463Prohibition on requiring prior authorization of payment for substance use disorder treatment; rules 431A.475Oregon Health Authority duties 431A.500[Formerly 431.290; repealed by 2025 c.405 §1] 431A.505[Formerly 431.292; repealed by 2025 c.405 §1] 431A.510[Formerly 431.294; repealed by 2025 c.405 §1] 431A.525Stroke Care Committee 431A.530Oregon Health Authority duties; database; confidentiality 431A.550Facilities to provide notice; rules 431A.560Educational materials about breast reconstruction; requirements 431A.570Significant exposure to bodily fluids; petition to compel testing; confidentiality of results 431A.575Oregon Health Authority to provide pamphlets 431A.600Oregon Health Authority to conduct prevention and education activities 431A.625Oregon Health Authority to establish services and programs 431A.650Alzheimer’s Disease Research Fund 431A.655Control of fund 431A.675Maternal Mental Health Patient and Provider Education Program; informational materials 431A.680Dissemination of informational materials 431A.685Funding 431A.700Oregon Health Authority to disseminate information 431A.725Qualifying schools; certification; rules 431A.750[Formerly 431.310; repealed by 2025 c.203 §6] 431A.775Definitions 431A.780Recombinant DNA research to comply with federal guidelines 431A.800Hospital-based violence intervention grant program 431A.805Certified violence prevention professionals; community violence prevention services; advisory group; rules 431A.850Definitions 431A.855Establishment of program; rules; report to commission 431A.860Duty of pharmacy to report to program; exceptions 431A.862Receipt of prescription monitoring information by pharmacist 431A.865Disclosure of information; corrections; records; immunity from liability 431A.866Prescribing practices 431A.867Agreement for use of program information 431A.869Sharing and use of program information with other states and tribes 431A.870Duty of pharmacist to fill prescription 431A.875Reports to health professional regulatory boards 431A.877Duty to register; rules 431A.880Licensing information; fees; rules 431A.885[Formerly 431.974; repealed by 2021 c.191 §9] 431A.890Prescription Monitoring Program Advisory Commission; purposes; members 431A.895Term; meetings; rules; quorum; expenses 431A.896Prescription Monitoring Program Prescribing Practices Review Subcommittee 431A.898Practitioner training; rules 431A.900Civil penalty for violation of ORS 431A.855 to 431A.900

Chapter 431A — Public Health Programs and Activities

ORS 431A.198 Licensure; fees; rules; exemption

(1)

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.

(2)

To be qualified for licensure under this section, a premises:

(a)

Must be a premises that is fixed and permanent;

(b)

May not be located in an area that is zoned exclusively for residential use; and

(c)

Must meet any qualification for engaging in the retail sale of tobacco products and inhalant delivery systems enacted as an ordinance by the governing body of a local public health authority under ORS 431A.218, provided that the department has knowledge of the qualification pursuant to an agreement entered into under ORS 431A.212.

(3)

For the purpose of licensing premises under this section, the department shall adopt rules establishing:

(a)

Procedures for applying for and renewing licenses; and

(b)

Licensure application, issuance and renewal fees.

(4)

An application submitted under this section and information related to applying for or renewing a license under this section is confidential and not subject to public disclosure under ORS 192.311 to 192.478. However, the department may share an application submitted under this section and information related to applying for or renewing a license under this section with the Department of Justice, the Oregon Health Authority or a local public health authority.

(5)

The Department of Revenue shall publish a list that includes the name of each person to which a license has been issued under this section, the address of each premises for which a license has been issued under this section and any other information that the department determines is relevant to the public with respect to the retail sale of tobacco products and inhalant delivery systems.

(6)

Fees established under subsection (3)(b) of this section must be reasonably calculated to cover but not exceed the costs incurred by the department in administering ORS 431A.190 to 431A.216.

(7)

All moneys collected under this section shall be deposited in the suspense account described in ORS 431A.206.

(8)

The department may not require a person that makes retail sales of tobacco products or inhalant delivery systems to obtain a license under this section if the person holds a license or other authorization issued by a city or local public health authority pursuant to ORS 431A.220.

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Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.