US Laws, Codes, Statutes & Cases

Chapter 433 — Disease and Condition Control; Mass Gatherings;

Indoor Air

 

2007 EDITION

 

DISEASE AND CONDITION CONTROL; INDOOR AIR

 

PUBLIC HEALTH AND SAFETY

 

GENERAL PROVISIONS

 

433.001     Definitions for ORS 433.001 to 433.045 and 433.110 to 433.770

 

433.004     Reportable diseases; duty to report; effect of failure to report; rules

 

433.006     Investigation and control measures

 

433.008     Confidentiality of disclosure; exception; privilege; authorization of disclosure

 

433.009     Reporting by law enforcement unit

 

433.010     Spreading disease prohibited; health certificates to be issued by physicians; rules

 

433.012     Department to provide laboratory examination; rules

 

433.017     Test of blood of pregnant woman required; patient consent; rules

 

433.035     Testing or examination of persons with certain diseases or conditions; order for medication or treatment

 

VACCINE EDUCATION AND PRIORITIZATION

 

433.040     Oregon Vaccine Education and Prioritization Plan; implementation of plan during vaccine shortage; rules; penalties

 

HIV AND HEPATITIS TESTING

 

433.045     Consent to HIV test required; exceptions

 

433.055     Prevalence studies

 

433.060     Definitions for ORS 433.060 to 433.085

 

433.065     Procedures for HIV testing; rules

 

433.070     Compliance with procedures required

 

433.075     Informed consent required; confidentiality

 

433.080     When test may be required; procedure to require test; rules

 

433.085     HIV and hepatitis testing at request of licensed health care provider or certain public officials; procedure

 

IMMUNIZATION REGISTRY AND TRACKING SYSTEM

 

433.090     Definitions for ORS 433.090 to 433.102

 

433.092     Purpose of ORS 433.090 to 433.102; waivers of consent to release certain medical information

 

433.094     Development of immunization registry and tracking and recall system; standards

 

433.096     Authority to receive and to disclose registry information

 

433.098     Nonliability for disclosing or using information; confidentiality of information; removal of information

 

433.100     Parental consent not required for enrollment in registry; rules; fees

 

433.102     Parental responsibility for immunization; medical or religious exemptions

 

433.104     Use of immunization registry for potential catastrophic disease threat

 

PUBLIC HEALTH MEASURES

 

433.110     Duties of physicians and nurses in controlling communicable disease

 

433.121     Emergency administrative order for isolation or quarantine; contents; ex parte court order

 

433.123     Petition for court order for isolation or quarantine; contents; hearing on petition; contents of order; duration of isolation or quarantine

 

433.126     Notice to persons subject to order; rules

 

433.128     Conditions of and principles for isolation or quarantine; notice to manager of health care facility

 

433.131     Entry into premises used for isolation or quarantine; rules

 

433.133     Court hearing and order for release from isolation or quarantine or for remedy for breach of required conditions of isolation or quarantine

 

433.136     Consolidation of proceedings regarding isolation or quarantine

 

433.138     Assistance of law enforcement officials in enforcing orders

 

433.140     Payment of isolation or quarantine expenses; assistance

 

433.142     Petition for isolation of contaminated property; contents; hearing; court order

 

433.150     Quarantine hospital; seizure, control of and compensation for emergency hospital

 

433.156     Enforcement of isolation or quarantine by law enforcement authorities

 

433.216     Detaining conveyance for inspection or investigation

 

433.220     Measures taken on discovery of disease or toxic substance; rules; jurisdiction over emergency

 

DISEASE CONTROL IN SCHOOLS

 

433.235     Definitions for ORS 433.235 to 433.284

 

433.240     Parental responsibility

 

433.245     Advisory committee; membership

 

433.255     Persons with or exposed to restrictable disease excluded from school or children’s facility

 

433.260     Exclusion of persons exposed to or having restrictable disease from school or children’s facility; certificate for readmission

 

433.267     Immunization of school children; rules; exceptions; effect of failure to comply

 

433.269     Immunization by local health departments; rules; records and reports

 

433.271     Thimerosal prohibited in school entry immunizations provided by Department of Human Services; exceptions

 

433.273     Rules

 

433.280     Status of immunization records as public records

 

433.282     Required immunizations at certain post-secondary educational institutions; rules

 

433.283     Immunizations against measles for certain students at community colleges; rules

 

433.284     Adoption of more stringent immunization requirements

 

CONTROL OF METABOLIC DISEASES

 

433.285     Policy to control metabolic diseases; testing; fees; exemptions; waiver of fees; rules

 

433.290     Department to conduct educational program concerning metabolic diseases

 

433.295     Report of cases required; forms to be furnished

 

VITAMIN K FOR NEWBORNS

 

433.303     Policy on vitamin K

 

433.306     Duty to administer vitamin; religious objection; effect of inability to pay

 

433.312     Determining dosage; rules; notice to practitioners

 

433.314     Educational program

 

NEWBORN HEARING SCREENING TEST

 

433.321     Hearing screening tests for newborns; disclosure of information; exemptions

 

433.323     Newborn hearing screening test registry and tracking and recall system; rules

 

433.326     Waiver of requirement of authorization to disclose information

 

433.327     Limitation on liability for good faith disclosure

 

RABIES CONTROL

 

433.340     Definitions for ORS 433.340 to 433.390

 

433.345     Report of animal bites; rules; handling and disposition of animals

 

433.350     Authority to take possession and order destruction of animal

 

433.355     Procedure to force compliance with ORS 433.350

 

433.360     Report of rabies cases; quarantine

 

433.365     Inoculation against rabies; rules; exception; costs

 

433.367     Department to establish vaccination clinics; payment of costs by dog owners

 

433.370     Inoculation certificate

 

433.375     Filing of inoculation certificate; certificate required for license; issuance of tag

 

433.377     Issuance of license as verification of inoculation; issuance of tag not required

 

433.379     Disposal of inoculation certificates

 

433.380     Tag fee; status of fee

 

433.385     Impoundment of animals; notice to owner; redeeming animal; disposition of animals

 

433.390     County dog control fund; sources and uses

 

PROCEDURE WHERE WORKERS EXPOSED TO INFECTIOUS DISEASE

 

433.407     Definitions for ORS 433.407 to 433.423

 

433.411     Legislative finding

 

433.416     When employer to provide preventive immunization

 

433.419     Notice to employer and worker of exposure

 

433.423     Content of Department of Human Services rules

 

PUBLIC HEALTH EMERGENCIES

 

433.441     Proclamation of public health emergency

 

433.442     Definitions for ORS 433.441 to 433.452

 

433.443     Authority of Public Health Director during public health emergency; penalties; access to and use of individually identifiable health information; rules

 

433.446     Authority of Governor during state of public health emergency

 

433.448     Use of immunization registry and tracking and recall system during state of public health emergency

 

433.449     Disposal of human remains during state of public health emergency

 

433.452     Detaining persons exposed to reportable condition or condition that is basis for state of public health emergency

 

433.466     Right to legal counsel by persons subject to public health measure

 

INDOOR AIR POLLUTION

 

433.502     Definitions

 

433.507     Legislative findings

 

433.511     Public information program

 

433.517     Field investigations and epidemiological studies

 

433.521     Indoor air quality standards

 

433.526     Public recognition program for compliance; rules

 

MISCELLANEOUS SANITATION PROVISIONS

 

433.715     Exposed merchandise; intermingling or sale without disinfectant prohibited

 

REGULATION OF OUTDOOR MASS GATHERINGS

 

433.735     Definitions for ORS 433.735 to 433.770

 

433.740     Policy

 

433.745     Outdoor mass gathering without permit prohibited

 

433.750     Permit application; procedure for issuance of permit; fee

 

433.755     Additional information required before permit issued; liability of permit holder; casualty insurance; county as additional insured

 

433.760     Rulemaking authority

 

433.763     Compliance with land use regulations required; criteria for approval

 

433.765     Effect on county ordinances or regulations adopted under county charter

 

433.767     Application to gatherings defined by county ordinance

 

433.770     Enforcement

 

PROGRAMS TO TREAT ALLERGIC RESPONSE OR HYPOGLYCEMIA

 

433.800     Definitions for ORS 433.800 to 433.830

 

433.805     Policy

 

433.810     Duties of Department of Human Services; rules

 

433.815     Educational training

 

433.820     Eligibility for training

 

433.825     Availability of doses of epinephrine and glucagon to trained persons

 

433.830     Immunity of trained person and institution rendering emergency assistance

 

OREGON INDOOR CLEAN AIR ACT

 

433.835     Definitions for ORS 433.835 to 433.875

 

433.840     Policy

 

433.845     Smoking prohibited except in designated areas

 

433.850     Smoke free place of employment required; exceptions; posting signs

 

433.855     Duties of Department of Human Services; rules; limitations; compliance checks

 

433.860     Enforcement

 

433.863     Limitation on prohibition of smoking by local government

 

433.865     Waiver authorized

 

433.870     Regulation in addition to other smoking regulations

 

433.875     Short title

 

PENALTIES

 

433.990     Penalties

 

GENERAL PROVISIONS

 

      433.001 Definitions for ORS 433.001 to 433.045 and 433.110 to 433.770. As used in ORS 433.001 to 433.045 and 433.110 to 433.770 unless the context requires otherwise:

      (1) “Communicable disease” has the meaning given that term in ORS 431.260.

      (2) “Condition of public health importance” has the meaning given that term in ORS 431.260.

      (3) “Department” means the Department of Human Services.

      (4) “Director” means the Director of Human Services.

      (5) “Isolation” means the physical separation and confinement of a person or group of persons who are infected or reasonably believed to be infected with a communicable disease or possibly communicable disease from nonisolated persons to prevent or limit the transmission of the disease to nonisolated persons.

      (6) “Local public health administrator” has the meaning given that term in ORS 431.260.

      (7) “Local public health authority” has the meaning given that term in ORS 431.260.

      (8) “Property” means animals, inanimate objects, vessels, public conveyances, buildings and all other real or personal property.

      (9) “Public health measure” has the meaning given that term in ORS 431.260.

      (10) “Quarantine” means the physical separation and confinement of a person or group of persons who have been or may have been exposed to a communicable disease or possibly communicable disease and who do not show signs or symptoms of a communicable disease, from persons who have not been exposed to a communicable disease or possibly communicable disease, to prevent or limit the transmission of the disease to other persons.

      (11) “Reportable disease” has the meaning given that term in ORS 431.260.

      (12) “Toxic substance” has the meaning given that term in ORS 431.260. [1973 c.259 §2; 1987 c.600 §1; 2001 c.900 §155; 2007 c.445 §6]

 

      433.003 [1973 c.259 §4 (enacted in lieu of 433.005); repealed by 1987 c.600 §18]

 

      433.004 Reportable diseases; duty to report; effect of failure to report; rules. (1) The Department of Human Services shall by rule:

      (a) Specify reportable diseases;

      (b) Identify those categories of persons who must report reportable diseases and the circumstances under which the reports must be made;

      (c) Prescribe the procedures and forms for making such reports and transmitting the reports to the department; and

      (d) Prescribe measures for investigating the source and controlling reportable diseases.

      (2) Persons required under the rules to report reportable diseases shall do so by reporting to the local public health administrator. The local public health administrator shall transmit such reports to the department.

      (3) In addition to other grounds for which a state agency may exercise disciplinary action against its licensees or certificate holders, the substantial or repeated failure of a licensee or certificate holder to report when required to do so under subsection (2) of this section shall be cause for the exercise of any of the agency’s disciplinary powers.

      (4) Any person making a report under this section is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to the making of a report under this section or to the contents of the report. [1987 c.600 §3; 2007 c.445 §6a]

 

      433.005 [Repealed by 1973 c.259 §3 (433.003 enacted in lieu of 433.005)]

 

      433.006 Investigation and control measures. In response to each report of a reportable disease, the local public health administrator shall assure that investigations and control measures, as prescribed by Department of Human Services rule, shall be conducted. [1987 c.600 §4]

 

      433.008 Confidentiality of disclosure; exception; privilege; authorization of disclosure. (1) Notwithstanding ORS 192.410 to 192.505, the Department of Human Services, the local public health administrator, all officers and employees thereof and all persons to whom disclosures are made under this subsection or subsection (2) of this section shall not disclose the name or address of, or otherwise disclose the identity of, any person reported under ORS 433.004 except to officers or employees of federal, state or local government public health agencies as may be necessary for the administration or enforcement of public health laws or rules.

      (2) If the department or local public health administrator has determined that a reported person’s disease or condition is in a contagious state and that the person is violating the rules of the department pertaining to control of that disease, it may disclose that person’s name and address to persons other than those stated in subsection (1) of this section if clear and convincing evidence in the particular instance requires disclosure to avoid a clear and immediate danger to other individuals or to the public generally. A decision not to disclose information under this subsection, if made in good faith, shall not subject the entity or person withholding the information to any liability.

      (3) Except where required in connection with the administration or enforcement of public health laws or rules, no public health official or employee shall be examined in an administrative or judicial proceeding as to the existence or contents of a report under ORS 433.004 or any record thereof.

      (4) The disclosures and examination prohibited by this section may otherwise be authorized by the specific written consent of the person who is the subject of the report or the authorized representative of the person. [1987 c.600 §5]

 

      433.009 Reporting by law enforcement unit. (1) Notwithstanding ORS 192.501 (3), 192.502 (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 diagnosis and notify any police officer, corrections officer or emergency medical technician who had significant exposure to the person.

      (2) As used in this section:

      (a) “Emergency medical technician” has the meaning given that term in ORS 682.025.

      (b) “Law enforcement unit,” “police officer” and “corrections officer” have the meanings given those terms in ORS 181.610.

      (c) “Reportable disease” means a disease or condition, the reporting of which enables a public health authority to take action to protect or to benefit the public health. [1995 c.657 §10; 2003 c.86 §10; 2007 c.445 §6b]

 

      Note: 433.009 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. See Preface to Oregon Revised Statutes for further explanation.

 

      433.010 Spreading disease prohibited; health certificates to be issued by physicians; rules. (1) No person shall willfully cause the spread of any communicable disease within this state.

      (2) Whenever Oregon Revised Statutes require a person to secure a health certificate, such certificate shall be acquired from a physician licensed by the Oregon Medical Board or the Board of Naturopathic Examiners in accordance with the rules of the Department of Human Services. [Amended by 1973 c.259 §5; 1979 c.731 §5; 2001 c.104 §155]

 

      433.012 Department to provide laboratory examination; rules. The Department of Human Services shall provide the necessary laboratory examinations requested by local health departments for the diagnosis of those communicable diseases identified by rule of the department to be a reportable disease. [1987 c.600 §7]

 

      433.015 [Repealed by 1973 c.259 §20]

 

      433.017 Test of blood of pregnant woman required; patient consent; rules. (1) Every licensed physician 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 rule of the Department of Human Services, take or cause to be taken a sample of blood of every woman so attended at the time of the first professional visit or within 10 days thereafter. The blood specimen thus obtained shall be submitted to a licensed laboratory for such tests related to any infectious condition which may affect a pregnant woman or fetus, as the department shall by rule require, including but not limited to an HIV test as defined in ORS 433.045.

      (2) Every other person permitted by law to attend a pregnant woman in this state, but not permitted by law to take blood samples, shall, as required by rule of the department, cause a sample of blood of such pregnant woman to be taken by a licensed physician, and have such sample submitted to a licensed laboratory for the tests described under subsection (1) of this section.

      (3) In all cases under subsections (1) and (2) of this section the physician shall request consent of the patient to take a blood sample. No sample shall be taken without such consent. [1987 c.600 §8; 2005 c.516 §2]

 

      433.019 [1987 c.600 §10; 1989 c.224 §86; 1991 c.207 §1; 2001 c.962 §74; 2003 c.555 §§7,8; repealed by 2007 c.445 §42]

     

      433.020 [Repealed by 1973 c.259 §20]

 

      433.022 [1987 c.600 §11; repealed by 2007 c.445 §42]

 

      433.025 [Amended by 1973 c.259 §6; 1987 c.600 §15; 1989 c.915 §8; renumbered 431.175 in 1989]

 

      433.035 Testing or examination of persons with certain diseases or conditions; order for medication or treatment. (1)(a) 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 Department of Human Services to be a reportable disease, a new or uncommon disease of potential public health significance, or a condition that is the basis of a state of public health emergency declared by the Governor as authorized by ORS 433.441. The Public Health Director or the local public health administrator must issue a written order for testing or medical examination pursuant to this section.

      (b) A written order must:

      (A) Include findings stating the communicable disease that the Public Health Director or the local public health administrator believes the person has and the reasons for that belief.

      (B) State whether medical or laboratory confirmation of the disease is feasible and possible and whether such confirmation would enable control measures to be taken to minimize infection of others with the disease.

      (C) Include a statement that the person may refuse to submit to the testing or medical examination and that if the testing or examination is refused, the Public Health Director or the local public health administrator may seek the imposition of a public health measure, including isolation or quarantine pursuant to ORS 433.121 or 433.123.

      (2) When a person is directed to submit to a test or examination under this section and the person agrees to do so, the person shall submit to any testing or examination as may be necessary to establish the presence or absence of the communicable disease for which the testing or examination was directed. The examination shall be carried out by the local health officer or a physician licensed by the Oregon Medical Board or the Board of Naturopathic Examiners. A written report of the results of the test or examination shall be provided to the person ordering the test or examination, and upon request, to the person tested or examined. Laboratory examinations, if any, shall be carried out by the laboratory of the department whenever the examinations are within the scope of the tests conducted by the laboratory. If treatment is needed, the person or the parent or guardian of the person shall be liable for the costs of treatment based on the examination carried out under this section, if the person liable is able to pay the treatment costs. Cost of any examination performed by a physician in private practice shall be paid from public funds available to the local public health administrator, if any, or from county funds available for general governmental expenses in the county that the local public health administrator serves or in the county where the person tested or examined resides if the local public health administrator serves more than one county or the test or examination was ordered by the Public Health Director or local public health administrator.

      (3) If a person has a communicable disease, a new or uncommon disease of potential public health significance, or a condition that is the basis of a state of public health emergency, the Public Health Director or the local public health administrator may issue an order requiring the person to complete an appropriate prescribed course of medication or other treatment for the communicable disease, including directly observed therapy if appropriate, and to follow infection control provisions for the disease. The order shall also include statements that the person may refuse the medication or other treatment and that the person’s failure to comply with the order issued under this subsection may result in the Public Health Director or the local public health administrator seeking the imposition of a public health measure, including isolation or quarantine as authorized by ORS 433.121 and 433.123.

      (4) The Public Health Director or the local public health administrator must make every effort to obtain voluntary compliance from a person for any testing, medical examination and treatment required under this section.

      (5) Any action taken by the Public Health Director or the local public health administrator under this section to compel testing, medical examination or treatment of a person who has a communicable disease, a new or uncommon disease of potential public health significance, or a condition that is the basis of a state of public health emergency must be the least restrictive alternative available to accomplish the results necessary to minimize the transmission of the disease to others. [1967 c.617 §1 (enacted in lieu of 434.060); 1973 c.259 §7; 1979 c.731 §6; 1987 c.600 §6; 1989 c.224 §87; 2003 c.14 §244; 2003 c.555 §9; 2007 c.445 §18]

 

VACCINE EDUCATION AND PRIORITIZATION

 

      433.040 Oregon Vaccine Education and Prioritization Plan; implementation of plan during vaccine shortage; rules; penalties. (1) As used in this section, “vaccine” includes vaccines, immune products and chemoprophylactic medications.

      (2) When the State Health Officer of the Department of Human Services 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 individuals throughout Oregon and that assistance with the administration of vaccine is warranted due to a vaccine shortage to protect or treat such individuals, the health officer shall implement the Oregon Vaccine Education and Prioritization Plan as provided in subsection (3) of this section.

      (3) The Department of Human Services shall develop and adopt by rule the Oregon Vaccine Education and Prioritization Plan to protect the public health during a vaccine shortage. The plan shall consist of:

      (a) Guidelines for physicians, nurses, hospitals, health systems, pharmacies and others that hold vaccines for the distribution and administration of vaccines. The guidelines shall include, but are not limited to, a definition of high-risk groups for priority protection or treatment in the event a vaccine shortage is imminent;

      (b) Rules for imposing a civil penalty of $500 against persons who knowingly violate the guidelines for each repeat violation of the guidelines; and

      (c) Procedures for:

      (A) Mobilizing public and private health resources to assist in vaccine distribution and administration; and

      (B) Notifying health professional regulatory boards and licensing authorities of repeated violations of the guidelines by health professionals regulated by the board or licensed by the authority.

      (4) If the department adopts temporary rules to implement subsection (2) of this section, the rules adopted are not subject to the requirements of ORS 183.335 (6)(a). The department may amend the temporary rules adopted pursuant to subsection (3) of this section as often as is necessary to respond to a vaccine shortage. [2001 c.627 §2; 2007 c.445 §6c]

 

HIV AND HEPATITIS TESTING

 

      433.045 Consent to HIV test required; exceptions. (1) Except as provided in ORS 433.017, 433.055 (3) and 433.080, no person shall subject the blood of an individual to an HIV test without first obtaining informed consent as described in subsection (2) or (7) of this section.

      (2) A physician licensed under ORS chapter 677 shall comply with the requirement of subsection (1) of this section through the procedure in ORS 677.097. Any other licensed health care provider or facility shall comply with the requirement of subsection (1) of this section through a procedure substantially similar to that specified in ORS 677.097. Any other person shall comply with this requirement through use of such forms, procedures and educational materials as the Department of Human Services shall specify.

      (3) Regardless of the manner of receipt or the source of the information, including information received from the tested individual, no person shall disclose or be compelled to disclose the identity of any individual upon whom an HIV-related test is performed, or the results of such a test in a manner which permits identification of the subject of the test, except as required or permitted by federal law, the law of this state or any rule, including any Department of Human Services rule considered necessary for public health or health care purposes, or as authorized by the individual whose blood is tested.

      (4) Any person who complies with the requirements of this section shall not be subject to an action for civil damages.

      (5) An HIV test shall be considered diagnosis of venereal disease for purposes of ORS 109.610.

      (6) As used in this section:

      (a) “HIV test” means a test of an individual for the presence of human immunodeficiency virus (HIV), or for antibodies or antigens that result from HIV infection, or for any other substance specifically indicating infection with HIV.

      (b) “Person” includes but is not limited to any health care provider, health care facility, clinical laboratory, blood or sperm bank, insurer, insurance producer, insurance-support organization, as defined in ORS 746.600, government agency, employer, research organization or agent of any of them. For purposes of subsection (3) of this section, “person” does not include an individual acting in a private capacity and not in an employment, occupational or professional capacity.

      (7) Whenever an insurer, insurance producer or insurance-support organization asks an applicant for insurance to take an HIV test in connection with an application for insurance, the use of such a test must be revealed to the applicant and the written consent thereof obtained. The consent form shall disclose the purpose of the test and the persons to whom the results may be disclosed. [1987 c.600 §17; 1989 c.878 §6; 1997 c.854 §14; 2003 c.14 §245; 2003 c.364 §51; 2005 c.516 §1]

 

      433.055 Prevalence studies. (1) The Department of Human Services shall conduct studies of the prevalence of the HIV infection in this state. Its findings shall be reported to the 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 Department of Human Services may cause the prevalence study of persons