Oregon Chapter 431
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TITLE 36
PUBLIC HEALTH
AND SAFETY
Chapter 431. State and Local Administration and
Enforcement of Health Laws
432. Vital Statistics
433. Disease and Condition Control; Mass
Gatherings; Indoor Air
435. Birth Control; Termination of Pregnancy
436. Sterilization
437. Tuberculosis
438. Clinical and Environmental Laboratories
440. Health Districts;
441. Health Care Facilities
442. Health Planning
443. Home Health Agencies; Residential
Facilities; Hospice Programs
444. Special Medical Services for Children
445. Indigent Persons Injured in Motor Vehicle
Accidents
446. Manufactured Dwellings and Structures;
Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships
447. Plumbing; Architectural Barriers
448. Pool Facilities; Water and Sewage Systems
450. Sanitary Districts and Authorities; Water
Authorities
451.
452. Vector and Weed Control
453. Hazardous Substances; Radiation Sources
454. Sewage Treatment and Disposal Systems
455. Building Code
456. Housing
457. Urban Renewal
458. Housing and Community Services Programs;
Individual Development Accounts
459. Solid Waste Management
459A. Reuse and Recycling
460. Elevators; Amusement Rides and Devices
461.
462. Racing
463. Boxing, Mixed Martial Arts and
Entertainment Wrestling
464. Games
465. Hazardous Waste and Hazardous Materials I
466. Hazardous Waste and Hazardous Materials II
467. Noise Control
468. Environmental Quality Generally
468A. Air Quality
468B. Water Quality
469. Energy; Conservation Programs; Energy
Facilities
469A. Renewable Portfolio Standards
470. Small Scale Local Energy Projects
_______________
Chapter 431 —
State and Local Administration and Enforcement of Health Laws
2007 EDITION
PUBLIC HEALTH AND SAFETY
ADMINISTRATION OF HEALTH LAWS
STATE ADMINISTRATION
431.035 Authority
of Director of Human Services to delegate functions; Public Health Director;
appointment; duties
431.045 Public
Health Officer; appointment; qualifications; duties
ENFORCEMENT OF HEALTH LAWS AND RULES
431.110 General
powers of Department of Human Services
431.120 Duties
of Department of Human Services; rules
431.150 Enforcement
of health laws generally
431.155 Restraining
violation of public health laws
431.157 County
authority to restrain violation of public health laws
431.160 Commencement
of prosecutions
431.170 Enforcing
health laws and rules when local officers are delinquent
431.175 Warrant
procedure
431.180 Interference
with individual’s selection of physician or treatment or with religious
practice prohibited
431.190 Advisory
board on health care professions; duties; purpose of board rules
431.195 Oregon
Public Health Advisory Board; members; terms; meetings; compensation; duties
FINANCIAL ADMINISTRATION; SURPLUS PROPERTY;
FEDERAL AID
431.210 Public
Health Account
431.220 Record
of moneys in Public Health Account
431.230 Emergency
or revolving fund
431.250 Federal
grants to be handled by Department of Human Services; disbursement; planning
EMERGENCY PLAN AND INCIDENT MANAGEMENT SYSTEM
431.260 Definitions
431.262 Authority
of Department of Human Services and local public health administrators to
enforce public health laws; authorized actions; rules; penalties
431.264 Authority
of Public Health Director to take public health actions; authorized actions;
rules
431.266 Rules
BONE MARROW DONOR PROGRAM
431.270 Department
duties
SPINAL CORD INJURY RESEARCH BOARD
431.290 Spinal
Cord Injury Research Board; members; terms; chairperson; meetings; rules
431.292 Duties
of board; grants
431.294 Spinal
Cord Injury Research Fund
STATE LABORATORY
431.310 Bacteriological
and other examinations and newborn screening by state laboratory; rules; fees
CONFERENCE OF LOCAL HEALTH OFFICIALS
431.330 Conference
of Local Health Officials; officers of conference
431.335 Meetings
of conference; notice; expenses of members and officers of conference
431.340 Recommendations
of conference
431.345 Minimum
standards for financial assistance to local boards of health
431.350 Department
to adopt rules for ORS 431.330 to 431.350
LOCAL PUBLIC HEALTH SERVICES
431.375 Policy
on local public health services; local public health authority; contracts for
provision of maternal and child public health services by tribal governing
council
431.380 Distribution
of funds for local purposes
431.385 Local
annual plan; effect of failure to submit plan; approval; disapproval; variance
LOCAL BOARDS OF HEALTH
431.405 Purpose
of ORS 431.405 to 431.510
431.410 Boards
of health for counties
431.412 County
board of health; formation; composition; advisory board
431.414 District
board of health; formation; composition; advisory board
431.415 Powers
and duties of local health boards; rules; fee schedules
431.416 Local
public health authority or health district; duties
431.418 Local
public health administrator; health officer; duties; salary
431.440 Public
health administrators have police powers
431.480 City
boards abolished; expenditure of funds obtained from school district
431.510 Quarters
and funds for local health boards
431.520 Disposal
of local health records
431.530 Authority
of local health administrator in emergency
431.550 Authority
of Department of Human Services to collect information from local public health
administrators
EMERGENCY MEDICAL SERVICES AND TRAUMA SYSTEMS
431.607 Department
of Human Services to develop comprehensive emergency medical services and
trauma system
431.609 Designation
of trauma areas; rules; trauma system hospitals
431.611 Department
to adopt rules; contents
431.613 Area
trauma advisory boards; duties; members
431.617 Liability
of provider
431.619 Continuous
duties of department
431.623 Program
created in Department of Human Services
431.627 Designation
of other trauma centers
431.633 Reporting
of certain patients; reimbursement for certain services
431.671 Emergency
Medical Services for Children Program; duties of Department of Human Services
AUTOMATED EXTERNAL DEFIBRILLATORS
431.680 Automated
external defibrillators required at health clubs; exceptions
HEALTH HAZARD ANNEXATIONS OR DISTRICT
FORMATION
431.705 Definitions
for ORS 431.705 to 431.760
431.710 When
department to initiate district formation or annexation
431.715 Resolution
requesting department to initiate formation or annexation
431.717 Compelling
adoption of resolution
431.720 Commission
to review certain plans; approval of plans
431.725 Department
to review resolution; notice of hearing
431.730 Conduct
of hearing
431.735 Director’s
authority under ORS 431.705 to 431.760
431.740 Notice
to boundary commission; service facilities to conform to plans and schedules
431.745 Petition
for alternative plan
431.750 Commission
review of alternative plan; certification of alternative plan
431.756 Judicial
review
431.760 Certain
persons prohibited from participating in proceedings
RECOMBINANT DNA
431.805 Definitions
for ORS 431.805 and 431.810
431.810 Recombinant
DNA research to comply with federal guidelines
SPECIAL PROGRAMS
(Temporary provisions relating to strategic plan to slow rate of
diabetes are compiled as notes preceding ORS 431.825)
431.825 Fetal
alcohol syndrome pamphlets
431.827 Female
genital mutilation prevention and education activities
431.830 Acquired
immune deficiency syndrome services and programs
SMOKING CESSATION AND TOBACCO USE REDUCTION
431.831 Smoking
cessation program reimbursement; rules
431.832 Tobacco
Use Reduction Account established
431.834 Department
to adopt rules; contents
431.836 Department
to prepare report
REGULATION OF TOBACCO SALES
431.840 Free
distribution to minors prohibited; restriction on sales; notice
431.845 Civil
penalty for violation of ORS 431.840
431.850 Procedure
applicable to penalty
431.853 Random
inspections of sellers of tobacco products; site; frequency; rules
ALZHEIMER’S DISEASE
431.855 Alzheimer’s
Disease Research Fund
431.860 Control
of fund
TOXIC HOUSEHOLD PRODUCTS
431.870 Definitions
for ORS 431.870 to 431.915
431.875 Legislative
findings
431.880 Aversive
agent required
431.885 Toxic
household products required to comply with aversive agent requirement;
exemptions
431.887 Limitation
on liability; application
431.890 Poison
Prevention Task Force; members; meetings; duties
431.895 Efficacy
and toxicity data available to task force; use; confidentiality of data
431.900 Reports
to legislature
431.905 Enforcement
by civil action; injunction; damages; attorney fees
431.910 Prohibited
conduct
431.915 Civil
penalty for violation of ORS 431.870 to 431.915
LEAD POISONING PREVENTION
431.920 Training
provider accreditation; lead poisoning prevention programs; fees
REGULATION OF TANNING FACILITIES
431.925 Definitions
for ORS 431.925 to 431.955
431.930 Purpose
of ORS 431.925 to 431.955
431.935 Tanning
device to comply with federal requirements; exception for certain phototherapy
devices
431.940 Standards
and regulation of tanning devices; rules; fee; inspection
431.945 Written
warning statement and sign; content; rules
431.950 Civil
penalty for violation of ORS 431.925 to 431.955
431.955 Disposition
of receipts
PENALTIES
431.990 Penalties
431.005 [1973 c.358 §1; repealed by 1977 c.751 §39]
431.010 [Amended by 1967 c.461 §1; 1969 c.695 §7;
1971 c.650 §5; repealed by 1973 c.358 §15]
431.015 [1973 c.358 §2; repealed by 1977 c.751 §39]
431.019 [1973 c.358 §2a; repealed by 1977 c.751 §39]
431.020 [Amended by 1967 c.461 §2; 1971 c.650 §6;
repealed by 1973 c.358 §15]
431.023 [1973 c.358 §4; repealed by 1977 c.751 §39]
431.025 [1971 c.650 §11; repealed by 1973 c.358 §15]
431.030 [Repealed by 1971 c.650 §51]
STATE
ADMINISTRATION
431.035
Authority of Director of Human Services to delegate functions; Public Health
Director; appointment; duties.
(1) The Director of Human Services may delegate to any of the officers and
employees of the Department of Human Services the exercise or discharge in the
director’s name of any power, duty or function of whatever character vested in
or imposed upon the director by the laws of
(2) The official act of any such person so
acting in the director’s name and by the authority of the director shall be
deemed to be an official act of the director.
(3)(a) The Director of Human Services
shall appoint a Public Health Director to perform the duties and exercise
authority over public health emergency matters in the state and other duties as
assigned by the Director of Human Services. The Director of Human Services may
appoint the same person to serve as both the Public Health Director and the
Public Health Officer appointed under ORS 431.045.
(b) The Public Health Director shall be an
assistant director appointed by the Director of Human Services in accordance
with ORS 409.130.
(c) The Public Health Director shall
delegate to an employee of the department the duties, powers and functions
granted to the Public Health Director by ORS 431.264 and 433.443 in the event
of the absence from the state or the unavailability of the director. The
delegation must be in writing. [1973 c.829 §2; 2007 c.445 §1]
431.040 [Amended by 1969 c.314 §39; 1971 c.650 §7;
repealed by 1973 c.358 §15]
431.045
Public Health Officer; appointment; qualifications; duties. The Director of Human Services shall appoint
a physician licensed by the Oregon Medical Board and certified by the American
Board of Preventive Medicine who shall serve as the Public Health Officer and
be responsible for the medical and paramedical aspects of the health programs
within the Department of Human Services. [1971 c.650 §2; 1973 c.358 §5; 1977
c.267 §18; 1987 c.618 §1; 2001 c.900 §143; 2007 c.71 §119]
431.050 [Amended by 1967 c.461 §3; repealed by 1971
c.650 §51]
431.053 [1973 c.358 §3; repealed by 1977 c.751 §39]
431.055 [1967 c.363 §2; repealed by 1971 c.650 §51]
431.060 [Repealed by 1971 c.650 §51]
431.065 [1971 c.37 §2; 1977 c.582 §7; repealed by
2001 c.900 §261]
431.070 [1961 c.723 §1; 1969 c.314 §40; repealed by
1971 c.650 §51]
ENFORCEMENT
OF HEALTH LAWS AND RULES
431.110
General powers of Department of Human Services. Subject to ORS 417.300 and 417.305, the
Department of Human Services shall:
(1) Have direct supervision of all matters
relating to the preservation of life and health of the people of the state.
(2) Keep the vital statistics and other
health related statistics of the state.
(3) Make sanitary surveys and
investigations and inquiries respecting the causes and prevention of diseases,
especially of epidemics.
(4) Investigate, conduct hearings and
issue findings in connection with annexations proposed by cities as provided in
ORS 222.840 to 222.915.
(5) Have full power in the control of all
communicable diseases.
(6) Have authority to send a
representative of the department to any part of the state when deemed
necessary.
(7) From time to time, publish and
distribute to the public in such form as the department determines, such
information as in its judgment may be useful in carrying on the work or
purposes for which the department was established.
(8) Carry out the duties imposed on the
department under ORS chapter 690. [Amended by 1955 c.105 §1; 1967 c.624 §18;
1971 c.650 §9; 1977 c.582 §8; 1987 c.414 §83; 1989 c.834 §18; 1991 c.122 §11;
2001 c.900 §254]
431.120
Duties of Department of Human Services; rules. The Department of Human Services shall:
(1) Enforce state health policies and
rules.
(2) Have the custody of all books, papers,
documents and other property belonging to the State Health Commission, which
may be deposited in the department’s office.
(3) Give any instructions that may be
necessary, and forward them to the various local public health administrators
throughout the state.
(4) Routinely conduct epidemiological
investigations for each case of sudden infant death syndrome including, but not
limited to, the identification of risk factors such as birth weight, maternal
age, prenatal care, history of apnea and socioeconomic characteristics. The
department may conduct the investigations through local health departments only
upon adoption by rule of a uniform epidemiological data collection method.
(5) Adopt rules related to loans and
grants awarded under ORS 285B.560 to 285B.599 or 541.700 to 541.855 for the
improvement of drinking water systems for the purpose of maintaining compliance
with applicable state and federal drinking water quality standards. In adopting
rules under this subsection, the Department of Human Services shall coordinate
the department’s rulemaking process with the Water Resources Department and the
Economic and Community Development Department in order to ensure that rules
adopted under this subsection are consistent with rules adopted under ORS
285B.563 and 541.845.
(6) Control health care capital
expenditures by administering the state certificate of need program pursuant to
ORS 442.325 to 442.344. [Amended by 1971 c.650 §10; 1977 c.582 §9; 1981 c.385 §1;
1991 c.944 §4; 1993 c.18 §107; 1993 c.754 §8; 2005 c.835 §24]
431.130 [Amended by 1959 c.629 §5; 1959 c.684 §2;
1961 c.725 §10; 1963 c.32 §1; 1965 c.362 §3; 1969 c.14 §2; 1969 c.641 §16; 1971
c.195 §1; 1971 c.413 §13; 1971 c.763 §13; 1973 c.408 §33; 1973 c.833 §41; 1973
c.835 §233; repealed by 1977 c.582 §61]
431.140 [Amended by 1959 c.314 §21; 1973 c.833 §42;
1977 c.582 §10; 2001 c.900 §144; repealed by 2007 c.445 §42]
431.150
Enforcement of health laws generally. (1) The local public health administrators are charged with the strict
and thorough enforcement of the public health laws of this state in their
districts, under the supervision and direction of the Department of Human
Services. They shall make an immediate report to the department of any
violation of such laws coming to their notice by observation, or upon the
complaint of any person, or otherwise.
(2) The department is charged with the
thorough and efficient execution of the public health laws of this state in
every part of the state, and with supervisory powers over all local public
health administrators, to the end that all the requirements are complied with.
(3) The department may investigate cases
of irregularity or violation of law. All local public health administrators
shall aid the department, upon request, in such investigation.
(4) When any case of violation of the
public health laws of this state is reported to any district attorney or
official acting in said capacity, such official shall forthwith initiate and
promptly follow up the necessary proceedings against the parties responsible
for the alleged violations of law.
(5) Upon request of the department, the
Attorney General shall likewise assist in the enforcement of the public health
laws of this state. [Amended by 1959 c.314 §22; 1971 c.650 §12; 1973 c.833 §43;
1973 c.835 §165; 1974 c.36 §12; 1977 c.582 §11]
431.155
Restraining violation of public health laws. (1) Whenever it appears to the Department of Human Services that any
person is engaged or about to engage in any acts or practices that constitute a
violation of any statute relating to public health administered by the
department, or any rule or order issued thereunder, the department may
institute proceedings in the circuit courts to enforce obedience thereto by
injunction, or by other processes, mandatory or otherwise, restraining such
person, or its officers, agents, employees and representatives from further
violation of such statute, rule or order, and enjoining upon them obedience
thereto.
(2) The provisions of this section are in
addition to and not in substitution of any other enforcement provisions
contained in any statute administered by the department. [1967 c.94 §2; 1971
c.650 §13; 1977 c.582 §12; 2001 c.900 §145]
431.157
County authority to restrain violation of public health laws. Pursuant to ORS 448.100 (1) and 446.425 (1),
the county is delegated the authority granted to the Director of Human Services
in ORS 431.155. [1983 c.370 §4; 2003 c.309 §5]
Note: 431.157 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 431 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
431.160
Commencement of prosecutions.
The district attorney, county attorney or Attorney General may institute
prosecutions for violation of any public health statute by information, by
indictment or by complaint verified before any magistrate. [Amended by 1959
c.314 §23; 1973 c.833 §44; 1977 c.582 §13; 1995 c.658 §104]
431.170
Enforcing health laws and rules when local officers are delinquent. (1) The Director of Human Services shall
take direct charge of the functions that are necessary to preserve the public
health in any county or district whenever any county or district official fails
or refuses to administer or enforce the public health laws or rules that the
director or board is charged to enforce.
(2) The director may call to the aid of
the director such assistance as is necessary for the enforcement of such
statutes and rules, the expense of which shall be borne by the county or
district making the use of this procedure necessary, to be paid out of the
respective county or district treasury upon vouchers properly certified by the director.
[Amended by 1959 c.314 §24; 1973 c.833 §45; 1977 c.582 §14; 2001 c.900 §146]
431.175
Warrant procedure. If
necessary, the Director of Human Services or a designee thereof, the State Fire
Marshal or a designee thereof or an officer of a law enforcement agency may
appear before any magistrate empowered to issue warrants in criminal cases, and
require such magistrate to issue a warrant, directing it to any sheriff or
deputy or any constable or police officer, to enter the described property or
to remove any person or obstacle, or to defend any threatened violence to the
director or a designee thereof, the State Fire Marshal or a designee thereof or
an officer, upon entering private property, or to assist the director in any
way. [Formerly 433.025; 1991 c.67 §112]
431.180
Interference with individual’s selection of physician or treatment or with religious
practice prohibited. Nothing
in the public health laws shall be construed to empower or authorize the
Department of Human Services or its representatives, or any county or district
board of health or its representatives to interfere in any manner with the
individual’s right to select the physician or mode of treatment of the choice
of the individual, nor interfere with the practice of any person whose religion
treats or administers to people who are sick or suffering by purely spiritual
means. However, sanitary laws and rules must be complied with. [Amended by 1977
c.582 §15; 2007 c.70 §238]
431.190
Advisory board on health care professions; duties; purpose of board rules. The Director of Human Services shall
appoint, not later than 60 days after October 4, 1977, an advisory board to
study the practices and procedures of the health care professions in this state
and to recommend rules relating to the auditing of health care practices in
hospitals which will:
(1) Promote standard record keeping by
hospitals and persons practicing any of the healing arts in hospitals;
(2) Establish those criteria most
appropriate for determining the proper objects of such auditing; and
(3) Insure auditing of those practices and
procedures most relevant to the causes and occurrence of professional
negligence in hospitals. [1977 c.448 §8; 1993 c.742 §96]
431.195
(2) The members of the board shall be
residents of this state and shall be appointed by the Governor. The board shall
consist of 15 members at least one-half of whom shall be public members broadly
representing the state as a whole and the others to include representatives of
local government and public and private health providers.
(3) The Oregon Public Health Advisory
Board shall:
(a) Advise the director on policy matters
related to the operation of the Department of Human Services.