2007 Oregon Code - Chapter 433 :: Chapter 433 - Disease and Condition Control - Mass Gatherings - Indoor Air
Chapter 433 —
Disease and Condition Control; Mass Gatherings;
Indoor Air
2007 EDITION
DISEASE AND CONDITION CONTROL; INDOOR AIR
PUBLIC HEALTH AND SAFETY
GENERAL PROVISIONS
433.001Â Â Â Â Definitions
for ORS 433.001 to 433.045 and 433.110 to 433.770
433.004Â Â Â Â Reportable
diseases; duty to report; effect of failure to report; rules
433.006Â Â Â Â Investigation
and control measures
433.008Â Â Â Â Confidentiality
of disclosure; exception; privilege; authorization of disclosure
433.009Â Â Â Â Reporting
by law enforcement unit
433.010Â Â Â Â Spreading
disease prohibited; health certificates to be issued by physicians; rules
433.012Â Â Â Â Department
to provide laboratory examination; rules
433.017Â Â Â Â Test
of blood of pregnant woman required; patient consent; rules
433.035Â Â Â Â Testing
or examination of persons with certain diseases or conditions; order for
medication or treatment
VACCINE EDUCATION AND PRIORITIZATION
433.040Â Â Â Â Oregon
Vaccine Education and Prioritization Plan; implementation of plan during
vaccine shortage; rules; penalties
HIV AND HEPATITIS TESTING
433.045Â Â Â Â Consent
to HIV test required; exceptions
433.055Â Â Â Â Prevalence
studies
433.060Â Â Â Â Definitions
for ORS 433.060 to 433.085
433.065Â Â Â Â Procedures
for HIV testing; rules
433.070Â Â Â Â Compliance
with procedures required
433.075Â Â Â Â Informed
consent required; confidentiality
433.080Â Â Â Â When
test may be required; procedure to require test; rules
433.085Â Â Â Â HIV
and hepatitis testing at request of licensed health care provider or certain
public officials; procedure
IMMUNIZATION REGISTRY AND TRACKING SYSTEM
433.090Â Â Â Â Definitions
for ORS 433.090 to 433.102
433.092Â Â Â Â Purpose
of ORS 433.090 to 433.102; waivers of consent to release certain medical
information
433.094Â Â Â Â Development
of immunization registry and tracking and recall system; standards
433.096Â Â Â Â Authority
to receive and to disclose registry information
433.098Â Â Â Â Nonliability
for disclosing or using information; confidentiality of information; removal of
information
433.100Â Â Â Â Parental
consent not required for enrollment in registry; rules; fees
433.102Â Â Â Â Parental
responsibility for immunization; medical or religious exemptions
433.104Â Â Â Â Use
of immunization registry for potential catastrophic disease threat
PUBLIC HEALTH MEASURES
433.110Â Â Â Â Duties
of physicians and nurses in controlling communicable disease
433.121Â Â Â Â Emergency
administrative order for isolation or quarantine; contents; ex parte court
order
433.123Â Â Â Â Petition
for court order for isolation or quarantine; contents; hearing on petition;
contents of order; duration of isolation or quarantine
433.126Â Â Â Â Notice
to persons subject to order; rules
433.128Â Â Â Â Conditions
of and principles for isolation or quarantine; notice to manager of health care
facility
433.131Â Â Â Â Entry
into premises used for isolation or quarantine; rules
433.133Â Â Â Â Court
hearing and order for release from isolation or quarantine or for remedy for
breach of required conditions of isolation or quarantine
433.136Â Â Â Â Consolidation
of proceedings regarding isolation or quarantine
433.138Â Â Â Â Assistance
of law enforcement officials in enforcing orders
433.140Â Â Â Â Payment
of isolation or quarantine expenses; assistance
433.142Â Â Â Â Petition
for isolation of contaminated property; contents; hearing; court order
433.150Â Â Â Â Quarantine
hospital; seizure, control of and compensation for emergency hospital
433.156Â Â Â Â Enforcement
of isolation or quarantine by law enforcement authorities
433.216Â Â Â Â Detaining
conveyance for inspection or investigation
433.220Â Â Â Â Measures
taken on discovery of disease or toxic substance; rules; jurisdiction over
emergency
DISEASE CONTROL IN SCHOOLS
433.235Â Â Â Â Definitions
for ORS 433.235 to 433.284
433.240Â Â Â Â Parental
responsibility
433.245Â Â Â Â Advisory
committee; membership
433.255Â Â Â Â Persons
with or exposed to restrictable disease excluded from school or childrenÂ’s
facility
433.260Â Â Â Â Exclusion
of persons exposed to or having restrictable disease from school or childrenÂ’s
facility; certificate for readmission
433.267Â Â Â Â Immunization
of school children; rules; exceptions; effect of failure to comply
433.269Â Â Â Â Immunization
by local health departments; rules; records and reports
433.271Â Â Â Â Thimerosal
prohibited in school entry immunizations provided by Department of Human
Services; exceptions
433.273Â Â Â Â Rules
433.280Â Â Â Â Status
of immunization records as public records
433.282Â Â Â Â Required
immunizations at certain post-secondary educational institutions; rules
433.283Â Â Â Â Immunizations
against measles for certain students at community colleges; rules
433.284Â Â Â Â Adoption
of more stringent immunization requirements
CONTROL OF METABOLIC DISEASES
433.285Â Â Â Â Policy
to control metabolic diseases; testing; fees; exemptions; waiver of fees; rules
433.290Â Â Â Â Department
to conduct educational program concerning metabolic diseases
433.295Â Â Â Â Report
of cases required; forms to be furnished
VITAMIN K FOR NEWBORNS
433.303Â Â Â Â Policy
on vitamin K
433.306Â Â Â Â Duty
to administer vitamin; religious objection; effect of inability to pay
433.312Â Â Â Â Determining
dosage; rules; notice to practitioners
433.314Â Â Â Â Educational
program
NEWBORN HEARING SCREENING TEST
433.321Â Â Â Â Hearing
screening tests for newborns; disclosure of information; exemptions
433.323Â Â Â Â Newborn
hearing screening test registry and tracking and recall system; rules
433.326Â Â Â Â Waiver
of requirement of authorization to disclose information
433.327Â Â Â Â Limitation
on liability for good faith disclosure
RABIES CONTROL
433.340Â Â Â Â Definitions
for ORS 433.340 to 433.390
433.345Â Â Â Â Report
of animal bites; rules; handling and disposition of animals
433.350Â Â Â Â Authority
to take possession and order destruction of animal
433.355Â Â Â Â Procedure
to force compliance with ORS 433.350
433.360Â Â Â Â Report
of rabies cases; quarantine
433.365Â Â Â Â Inoculation
against rabies; rules; exception; costs
433.367Â Â Â Â Department
to establish vaccination clinics; payment of costs by dog owners
433.370Â Â Â Â Inoculation
certificate
433.375Â Â Â Â Filing
of inoculation certificate; certificate required for license; issuance of tag
433.377Â Â Â Â Issuance
of license as verification of inoculation; issuance of tag not required
433.379Â Â Â Â Disposal
of inoculation certificates
433.380Â Â Â Â Tag
fee; status of fee
433.385Â Â Â Â Impoundment
of animals; notice to owner; redeeming animal; disposition of animals
433.390Â Â Â Â County
dog control fund; sources and uses
PROCEDURE WHERE WORKERS EXPOSED TO INFECTIOUS
DISEASE
433.407Â Â Â Â Definitions
for ORS 433.407 to 433.423
433.411Â Â Â Â Legislative
finding
433.416Â Â Â Â When
employer to provide preventive immunization
433.419Â Â Â Â Notice
to employer and worker of exposure
433.423Â Â Â Â Content
of Department of Human Services rules
PUBLIC HEALTH EMERGENCIES
433.441Â Â Â Â Proclamation
of public health emergency
433.442Â Â Â Â Definitions
for ORS 433.441 to 433.452
433.443Â Â Â Â Authority
of Public Health Director during public health emergency; penalties; access to
and use of individually identifiable health information; rules
433.446Â Â Â Â Authority
of Governor during state of public health emergency
433.448Â Â Â Â Use
of immunization registry and tracking and recall system during state of public
health emergency
433.449Â Â Â Â Disposal
of human remains during state of public health emergency
433.452Â Â Â Â Detaining
persons exposed to reportable condition or condition that is basis for state of
public health emergency
433.466Â Â Â Â Right
to legal counsel by persons subject to public health measure
INDOOR AIR POLLUTION
433.502Â Â Â Â Definitions
433.507Â Â Â Â Legislative
findings
433.511Â Â Â Â Public
information program
433.517Â Â Â Â Field
investigations and epidemiological studies
433.521Â Â Â Â Indoor
air quality standards
433.526Â Â Â Â Public
recognition program for compliance; rules
MISCELLANEOUS SANITATION PROVISIONS
433.715Â Â Â Â Exposed
merchandise; intermingling or sale without disinfectant prohibited
REGULATION OF OUTDOOR MASS GATHERINGS
433.735Â Â Â Â Definitions
for ORS 433.735 to 433.770
433.740Â Â Â Â Policy
433.745Â Â Â Â Outdoor
mass gathering without permit prohibited
433.750Â Â Â Â Permit
application; procedure for issuance of permit; fee
433.755Â Â Â Â Additional
information required before permit issued; liability of permit holder; casualty
insurance; county as additional insured
433.760Â Â Â Â Rulemaking
authority
433.763Â Â Â Â Compliance
with land use regulations required; criteria for approval
433.765Â Â Â Â Effect
on county ordinances or regulations adopted under county charter
433.767Â Â Â Â Application
to gatherings defined by county ordinance
433.770Â Â Â Â Enforcement
PROGRAMS TO TREAT ALLERGIC RESPONSE OR
HYPOGLYCEMIA
433.800Â Â Â Â Definitions
for ORS 433.800 to 433.830
433.805Â Â Â Â Policy
433.810Â Â Â Â Duties
of Department of Human Services; rules
433.815Â Â Â Â Educational
training
433.820Â Â Â Â Eligibility
for training
433.825Â Â Â Â Availability
of doses of epinephrine and glucagon to trained persons
433.830Â Â Â Â Immunity
of trained person and institution rendering emergency assistance
433.835Â Â Â Â Definitions
for ORS 433.835 to 433.875
433.840Â Â Â Â Policy
433.845Â Â Â Â Smoking
prohibited except in designated areas
433.850Â Â Â Â Smoke
free place of employment required; exceptions; posting signs
433.855Â Â Â Â Duties
of Department of Human Services; rules; limitations; compliance checks
433.860Â Â Â Â Enforcement
433.863Â Â Â Â Limitation
on prohibition of smoking by local government
433.865Â Â Â Â Waiver
authorized
433.870Â Â Â Â Regulation
in addition to other smoking regulations
433.875Â Â Â Â Short
title
PENALTIES
433.990Â Â Â Â 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 agencyÂ’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 personÂ’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
personÂ’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]
    Â
     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 personÂ’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
     (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
sentenced to the Department of Corrections of this state, as defined in ORS 421.005,
to be made.
     (2) The Department of Human Services shall
contract with an appropriate education agency to prepare a curriculum regarding
HIV infection, acquired immune deficiency syndrome (AIDS) and prevention of the
spread of AIDS for all school districts and offer workshops to prepare teachers
and parents to implement the curriculum. The department shall award incentive
grants from funds available therefor to school districts to encourage use of
the curriculum in the schools.
     (3) Prior informed consent to HIV antibody
testing need not be obtained from an individual if the test is for the purpose
of research as authorized by the Department of Human Services and if the
testing is performed in a manner by which the identity of the test subject is
not known, and may not be retrieved by the researcher. [1987 c.600 §19]
     433.060
Definitions for ORS 433.060 to 433.085. As used in ORS 433.060 to 433.085 unless the context requires
otherwise:
     (1) “Department” means the Department of
Human Services.
     (2) “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 and 430.397 to 430.401 or ORS chapter 430.
     (3) “Hepatitis test” means a test of an
individual for the presence of hepatitis B or C or for any other substance
specifically indicating the presence of hepatitis B or C.
     (4) “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.
     (5) “Licensed health care provider” or “health
care provider” means a person licensed or certified to provide health care under
ORS chapter 677, 678, 679, 680, 684 or 685 or ORS 682.216, or under comparable
statutes of any other state.
     (6) “Local public health administrator”
means the public health administrator of the county or district health
department for the jurisdiction in which the reported substantial exposure
occurred.
     (7) “Local public health officer” means
the health officer, as described in ORS 431.418, of the county or district
health department for the jurisdiction in which the substantial exposure
occurred.
     (8) “Occupational exposure” means a
substantial exposure of a worker in the course of the workerÂ’s occupation.
     (9) “Source person” means a person who is
the source of the blood or body fluid in the instance of a substantial exposure
of another person.
     (10) “Substantial exposure” means an
exposure to blood or certain body fluids as defined by rule of the Department
of Human Services to have a potential for transmitting the human
immunodeficiency virus based upon current scientific information.
     (11) “Worker” means a person who is
licensed or certified to provide health care under ORS chapters 677, 678, 679,
680, 684 or 685 or ORS 682.216, an employee of a health care facility, of a
licensed health care provider or of a clinical laboratory, as defined in ORS 438.010
(1), a firefighter, a law enforcement officer, as defined in ORS 414.805, a
corrections officer or a parole and probation officer. [1989 c.878 §1; 1993
c.196 §7; 1999 c.807 §1; 2005 c.264 §23]
     433.065
Procedures for HIV testing; rules. (1) The Department of Human Services shall by rule prescribe
procedures:
     (a) Whereby a worker who has experienced
an occupational exposure may request or cause to be requested the source personÂ’s
voluntary informed consent to an HIV test;
     (b) Whereby a person who, while being
administered health care, has experienced a substantial exposure from a worker
shall be given notice of such exposure and be given opportunity to request or
cause to be requested the workerÂ’s voluntary informed consent to an HIV test;
and
     (c) Whereby a person who has experienced a
substantial exposure shall be offered information about HIV infection, methods
of preventing HIV infection and HIV tests.
     (2) Rules prescribing procedures under
subsection (1)(a) of this section may require the participation or intervention
of the health care facility and licensed health care provider providing care to
the source person and may require the further participation or intervention of
the local public health administrator or local public health officer.
     (3) Where the source person under
subsection (1)(a) of this section is not known to be under the care of a health
care facility or provider or cannot be located, and in the case of procedures
under subsection (2) of this section, the rules may require the participation
and intervention of the local public health administrator.
     (4) The rules under this section may also
include, but need not be limited to, time frames within which the notice and
other procedures are to be performed and by whom, prescribed forms for
reporting of exposures, and for recording of results of procedures undertaken
and restrictions upon disclosure of such reports and records only to specific
persons. [1989 c.878 §2]
     433.070
Compliance with procedures required. (1) 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.
     (2) Any person having information as to
the location of a source person shall, when requested for the purpose of
carrying out ORS 433.045 and 433.060 to 433.085 and rules hereunder, provide
that information. [1989 c.878 §3]
     433.075
Informed consent required; confidentiality. (1) The informed consent provisions of ORS 433.045 (1) and (2) apply
to any request for consent to an HIV test under rules adopted pursuant to ORS
433.065.
     (2) When a source person is deceased,
consent for voluntary informed consent under ORS 433.065 shall be from the next
of kin.
     (3) 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 personÂ’s employer in the case of an
occupational exposure, shall be responsible for the cost of the testing.
     (4) Where an employer provides a program
of prevention, education and testing for HIV exposures for its employees, the
employee to be tested under the provisions of this Act shall comply with the
procedures provided by such program. Such program must be approved by the
Department of Human Services.
     (5) When an HIV test is performed pursuant
to ORS 433.080 or rules adopted under ORS 433.065, the results shall be
reported confidentially to the person who suffered the substantial exposure
giving rise to the test.
     (6) The confidentiality provisions of ORS
433.045 (3) apply to any person who receives an HIV test result pursuant to ORS
433.080 or rules adopted under ORS 433.065. Any person who complies with the
requirements of this subsection shall not be subject to an action for damages. [1989
c.878 §4]
     433.080
When test may be required; procedure to require test; rules. When the Department of Human Services
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:
     (1) When a source person, after having
been first requested to consent to testing by rules adopted under ORS 433.065,
has refused or within a time period prescribed by rule of the department has
failed to submit to the requested test, except when the exposed person has
knowledge that the exposed person has a history of a positive HIV test, the
exposed person may seek mandatory testing of the source person by filing a
petition with the circuit court for the county in which the exposure occurred.
The form for the petition shall be as prescribed by the department and shall be
obtained from the local public health department.
     (2) The petition shall name the source person
as the respondent and shall include a short and plain statement of facts
alleging:
     (a) The petitioner is a worker subjected
to an occupational exposure or a person who has been subjected to a substantial
exposure by a worker administering health care and the respondent is the source
person;
     (b) The petitioner is in the class of
workers defined by rule of the Department of Human Services under this section;
     (c) All procedures for obtaining the
respondentÂ’s consent to an HIV test by rules adopted under ORS 433.065 have
been exhausted by the petitioner and the respondent has refused to consent to
the test, or within the time period prescribed by rule of the department has
failed to submit to the test;
     (d) The petitioner has no knowledge that
the petitioner has a history of a positive HIV test and has since the exposure,
within a time period prescribed by rule of the department, submitted a specimen
from the petitioner for an HIV test; and
     (e) The injury that petitioner is
suffering or will suffer if the source person is not ordered to submit to an
HIV test.
     (3) The petition shall be accompanied by
the certificate of the local public health administrator declaring that, based
upon information in the possession of the administrator, the facts stated in
the allegations under subsection (2)(a), (b) and (c) of this section are true.
     (4) Upon the filing of the petition, the
court shall issue a citation to the respondent stating the nature of the
proceedings, the statutes involved and the relief requested and, that if the
respondent does not appear at the time and place for hearing stated in the
citation, that the court will order the relief requested in the petition.
     (5) The citation shall be served on the
respondent together with a copy of the petition by the county sheriff or
deputy. The person serving the citation and petition shall, immediately after
service thereof, make a return showing the time, place and manner of such
service and file it with the clerk of the court.
     (6) The hearing shall be held within three
days of the service of the citation upon the respondent. The court may for good
cause allow an additional period of 48 hours if additional time is requested by
the respondent.
     (7) Both the petitioner and the local
public health administrator certifying to the matter alleged in the petition
shall appear at the hearing. The hearing of the case shall be informal with the
object of resolving the issue before the court promptly and economically
between the parties. The parties shall be entitled to subpoena witnesses, to
offer evidence and to cross-examine. The judge may examine witnesses to insure
a full inquiry into the facts necessary for a determination of the matter
before the court.
     (8) After hearing all of the evidence, the
court shall determine the truth of the allegations contained in the petition.
The court shall order the respondent to submit to the requested test by a
licensed health care provider without delay if, based upon clear and convincing
evidence, the court finds that:
     (a) The allegations in the petition are
true;
     (b) The injury the petitioner is suffering
or will suffer is an injury that only the relief requested will adequately
remedy; and
     (c) The interest of the petitioner in
obtaining the relief clearly outweighs the privacy interest of the respondent
in withholding consent.
     (9) If the court does not make the finding
described in subsection (8) of this section, the court shall dismiss the
petition.
     (10) Failure to obey the order of the
court shall be subject to contempt proceedings pursuant to law. [1989 c.878 §5]
     433.085
HIV and hepatitis testing at request of licensed health care provider or
certain public officials; procedure. (1) Notwithstanding any other provision of law, any employee of the
Department of Corrections, law enforcement officer as defined in ORS 414.805,
parole and probation officer, corrections officer, emergency medical
technician, licensed health care provider, firefighter or paramedic who in the
performance of the individualÂ’s official duties comes into contact with the
bodily fluids of another person may seek to have the source person tested for
HIV and hepatitis B or C by petitioning the circuit court for an order
compelling the testing.
     (2) The petition submitted to the court
must set forth the facts and circumstances of the contact and the reasons the
petitioner and a medically trained person representing the petitioner, if
available, believe the exposure was substantial and the testing would be
appropriate. The petition must also include information sufficient to identify
the alleged source person and the location of the alleged source person, if
known. The court shall hold an ex parte hearing in person or by telephone on
the day of receipt of the petition, if possible, or within a reasonable period
not to exceed three judicial days. Upon a showing that the petitioner has been
exposed to the bodily fluids of another person and the circumstances create
probable cause to conclude that a significant possibility exists that the
petitioner has been exposed to HIV or hepatitis B or C, the court shall order
the testing of the source person.
     (3) If the court orders a test under
subsection (2) of this section:
     (a) The order shall direct the source
person to allow the required test to be performed by a licensed health care
provider without delay and may specify a time when the test must be completed.
If the source person is in custody or otherwise subject to the legal control of
another person, the order may be directed to the agency with custody of, or the
other person with legal control over, the source person and direct the agency
or other person to provide the source person with a copy of the order and
ensure that the required test is performed.
     (b) The petitioner shall designate a
physician or nurse practitioner to receive the test results on behalf of the
petitioner.
     (c) The order must inform the source
person, agency or other person of who is to receive the results of the test and
of how to obtain payment for costs under subsection (6) of this section.
     (d) The order shall be served on the
source person, or the agency with custody of or other person with legal control
over the source person, in the manner directed by the court. The court may
provide for service of the order by any means appropriate to the circumstances
of the source person, including but not limited to service by the petitioner or
by directing the sheriff to serve the order. Any costs of service shall be paid
as provided under subsection (6) of this section.
     (e) The order is enforceable through the
contempt powers of the court.
     (4) The results of any test ordered under
this section are confidential and subject to the confidentiality provisions of
ORS 433.045 (3). The results shall be made available only to those persons
authorized under ORS 433.045 (3) and to the petitioner, any physician or nurse
practitioner designated by the petitioner to receive the results, the
Department of Human Services and the source person.
     (5) If the test results are negative, the
court may order the source person to submit to additional testing six months
after the first test was conducted.
     (6) No charge or filing fee may be imposed
for the filing of a petition under this section. The cost of any testing
ordered under this section shall be the responsibility of the employer of the
petitioner. [1999 c.807 §3; 2005 c.471 §2; 2007 c.228 §1]
IMMUNIZATION
REGISTRY AND TRACKING SYSTEM
     433.090
Definitions for ORS 433.090 to 433.102. As used in ORS 433.090 to 433.102:
     (1) “Authorized user” means a person or
entity authorized to provide information to or to receive information from an
immunization registry or immunization tracking and recall system under ORS
433.090 to 433.102. “Authorized user” includes, but is not limited to, licensed
health care providers, health care institutions, insurance carriers, the Oregon
medical assistance program, parents or guardians of children under 18 years of
age, clients 18 years of age or older, post-secondary education institutions,
schools, childrenÂ’s facilities, local health departments, the Department of
Human Services and agents of the department.
     (2) “Children’s facility” has the meaning
given that term in ORS 433.235.
     (3) “Client” means any person registered
with any
     (4) “Immunization record” includes but is
not limited to the following:
     (a) Any immunization received;
     (b) Date immunization was received;
     (c) Complication or side effect associated
with immunization;
     (d) Date and place of birth of a client;
     (e) Hospital where a client was born;
     (f) Client’s name; and
     (g) Mother’s name.
     (5) “Immunization registry” means any
listing of clients and information relating to their immunization status,
without regard to whether the registry is maintained in this state or elsewhere.
     (6) “Immunization tracking and recall
record” includes but is not limited to the client’s name, address of the parent
or guardian of the client, telephone number, insurance carrier, health care
provider and other information needed to send reminder cards to, place
telephone calls to or personally contact the client or the parent or the
guardian of a client for the purposes of informing the client, parent or
guardian that the client is late in receiving the recommended immunizations.
     (7) “Local health department” has the
meaning given that term in ORS 433.235.
     (8) “Parent or guardian” has the meaning
given the term “parent” in ORS 433.235.
     (9) “Post-secondary education institution”
means:
     (a) A state institution of higher
education under the jurisdiction of the State Board of Higher Education;
     (b) A community college operated under ORS
chapter 341;
     (c) A school or division of Oregon Health
and
     (d) An Oregon-based, generally accredited,
private institution of higher education.
     (10) “Provider” means a physician or a
health care professional who is acting within the scope of his or her licensure
and responsible for providing immunization services or for coordinating
immunization services within a clinic, public health site, school or other
immunization site.
     (11) “School” has the meaning given that
term in ORS 433.235.
     (12) “Tracking and recall system” means a
system attached to an immunization registry designed to contact clients listed
in the immunization registry for the purposes of assisting in the completion of
the immunization series in a timely manner. [1993 c.297 §1; 2003 c.573 §1; 2003
c.593 §1; 2007 c.196 §1]
     433.092
Purpose of ORS 433.090 to 433.102; waivers of consent to release certain
medical information. 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 through or between immunization
registries without violating confidentiality. The immunization registries and
the associated tracking and recall systems are designed to increase the stateÂ’s
immunization rates for clients and help prevent the spread of the diseases at
which the immunizations are aimed. Immunizations are a proven benefit to
individuals and society. An immunization registry reduces inappropriate immunizations
and increases appropriate immunizations because clientsÂ’ records will be easily
available to authorized users. [1993 c.297 §2; 2007 c.196 §2]
     433.094
Development of immunization registry and tracking and recall system; standards. The Department of Human Services, a local
health department, or both, or their agents or other providers may develop an
immunization registry and an associated tracking and recall system to include,
but not be limited to, children and young adults. This system shall include,
but not be limited to, the following:
     (1) Registering all clients born in,
living in or receiving services in this state;
     (2) Tracking and updating immunization
histories of the registered clients;
     (3) Allowing a provider to provide
information to and obtain information from the immunization and immunization
tracking and recall records contained in an immunization registry without the
consent of the client or the parent or guardian of the client;
     (4) Allowing an immunization record of a
client to be released to authorized users;
     (5) Notifying in writing the parent or
guardian of a client, at least through five years of age, when the tracking and
recall system indicates that a client has missed a scheduled immunization and,
if the client has not been immunized after two notifications, arranging to have
the parent or guardian contacted personally;
     (6) Integrating with any immunization
registry and its associated tracking and recall systems; and
     (7) Working with health care providers to
develop easy information transfer systems. [1993 c.297 §3; 2003 c.573 §2; 2003
c.593 §2; 2007 c.196 §3]
     433.096
Authority to receive and to disclose registry information. Nothing in ORS 179.505, 192.410 to 192.505,
192.518 to 192.529 or 677.190 (5) or the client and provider privilege
prevents:
     (1) Authorized users from providing
information to and receiving information from the immunization record of a
client from the immunization registry; or
     (2) The immunization registry from:
     (a) Providing immunization information to
or receiving immunization information from a clientÂ’s immunization record from
authorized users;
     (b) Notifying or personally contacting a
client or the custodial parent or guardian of a client about the clientÂ’s
immunization status; or
     (c) Providing or publishing information in
aggregate form that does not identify a client. [1993 c.297 §4; 2003 c.86 §11;
2007 c.196 §4]
     433.098
Nonliability for disclosing or using information; confidentiality of information;
removal of information. (1)
An authorized user and the employees or agents of an authorized user are not
liable for sharing information from the immunization record or using
information from the immunization tracking and recall record for purposes of
tracking immunizations of clients and for outreach to clients who have missed
immunizations.
     (2) Information in an immunization
registry or in the immunization tracking and recall record or derived from the
registry or record is confidential and may not be disclosed to any person who
is not specifically authorized to receive information under ORS 433.090 to
433.102.
     (3) When a client who is 18 years of age
or older requests in writing that the clientÂ’s immunization record be removed
from an immunization registry, the agency that maintains the registry shall
purge the clientÂ’s immunization record from the registry as soon as is
reasonably possible.
     (4) Before sharing data with any
immunization registry, an immunization registry maintained in
     433.100
Parental consent not required for enrollment in registry; rules; fees. (1) The Department of Human Services shall
adopt rules pertaining to the development and implementation of the
immunization registries and their associated tracking and recall systems. The
rules shall 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 immunization record or the immunization tracking and recall record
when such control is necessary to protect the health or safety of the family or
the client.
     (2) Nothing in this section requires the
consent of a parent or guardian prior to enrolling the child in the registry or
restricts the registry from providing tracking and recall information to a
custodial parent or guardian.
     (3)(a) Pursuant to rules adopted by the
department, the department may charge fees to authorized users, except
hospitals, schools and individual health care providers, for services requested
from an immunization registry, including associated tracking and recall systems
maintained by the department. Authorized users may make voluntary contributions
to the department to help support the operation of an immunization registry
established under ORS 433.094.
     (b) Fees authorized under paragraph (a) of
this subsection shall be assessed only against managed care organizations,
health maintenance organizations, physician organizations and insurance
carriers that are using the information from the registries for quality
improvement activities for their privately insured patients.
     (c) All moneys received by the department
under this section shall be paid into the State Treasury and placed in the
General Fund to the credit of the Public Health Account. Such moneys are
continuously appropriated to the department and shall be used only for the administration
and enforcement of ORS 433.090 to 433.102. [1993 c.297 §5; 2003 c.593 §3; 2007
c.196 §6]
     433.102
Parental responsibility for immunization; medical or religious exemptions. (1) 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.
     (2) 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). [1993 c.297 §§6,7]
     433.104
Use of immunization registry for potential catastrophic disease threat. (1) 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.
     (2) When used as authorized by this
section, the immunization registry may include persons of any age, and
vaccination records may be shared with authorized users of the registry without
obtaining the prior consent of the clients of the registry.
     (3) As used in this section, “client” and “immunization
registry” have the meanings given those terms in ORS 433.090. [2003 c.593 §4]
     433.105 [Repealed by 1973 c.259 §8 (433.106 enacted
in lieu of 433.105)]
PUBLIC HEALTH
MEASURES
     433.106 [1973 c.259 §9 (enacted in lieu of 433.105);
1987 c.600 §9; repealed by 2007 c.445 §42]
     433.110
Duties of physicians and nurses in controlling communicable disease. Every 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 Department of Human Services may
prescribe by rule. [Amended by 1973 c.259 §10; 2005 c.471 §3]
     433.115 [Repealed by 1973 c.259 §20]
     433.120 [Repealed by 1973 c.259 §20]
     433.121
Emergency administrative order for isolation or quarantine; contents; ex parte
court order. (1) 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 to avoid a clear and immediate
danger to others and that considerations of safety do not allow initiation of
the petition process set out in ORS 433.123. An administrative order issued
under this section must:
     (a) Identify the person or group of
persons subject to isolation or quarantine;
     (b) Identify the premises where isolation
or quarantine will take place, if known;
     (c)(A) Describe the reasonable efforts
made to obtain voluntary compliance with a request for an emergency public
health action including requests for testing or medical examination, treatment,
counseling, vaccination, decontamination of persons or animals, isolation,
quarantine, and inspection and closure of facilities; or
     (B) Explain why reasonable efforts to
obtain voluntary compliance are not possible and why the pursuit of these
efforts creates a risk of serious harm to others;
     (d) Describe the suspected communicable
disease or toxic substance, if known, that is the basis for the issuance of the
emergency administrative order and the anticipated duration of isolation or
quarantine based on the suspected communicable disease or toxic substance;
     (e) Provide information supporting the
reasonable belief of the Public Health Director or the local public health
administrator that the person or group of persons is, or is suspected to be,
infected with, exposed to, or contaminated with a communicable disease or toxic
substance that could spread to or contaminate others if remedial action is not
taken;
     (f) Provide information supporting the
reasonable belief of the Public Health Director or the local public health
administrator that the person or group of persons would pose a serious and
imminent risk to the health and safety of others if not detained for purposes
of isolation or quarantine;
     (g) Describe the medical basis for which
isolation or quarantine is justified and explain why isolation or quarantine is
the least restrictive means available to prevent a risk to the health and
safety of others;
     (h) Establish the time and date at which
the isolation or quarantine commences; and
     (i) Contain a statement of compliance with
the conditions of and principles for isolation and quarantine specified in ORS
433.128.
     (2) In lieu of issuing an emergency
administrative order under subsection (1) of this section, the Public Health
Director or a local public health administrator may petition the court for a
written ex parte order. The petition to the court and the courtÂ’s order must
include the information described in subsection (1) of this section.
     (3) Within 12 hours of the issuance of an
order under subsection (1) or (2) of this section, the person or group of
persons detained or sought for detention must be personally served with the
written notice required by ORS 433.126 and with a copy of any order issued
under subsection (1) or (2) of this section. If copies of the notice and order
cannot be personally served in a timely manner to a group of persons because
the number of persons in the group makes personal service impracticable, the
Public Health Director or the local public health administrator may post the
notice and order in a conspicuous place where the notice and order can be
viewed by those detained or may find other means to meaningfully communicate
the information in the notice and order to those detained.
     (4) A person or group of persons detained
pursuant to an order issued under subsection (1) or (2) of this section may not
be detained for longer than 72 hours unless a petition is filed under ORS
433.123.
     (5) If the detention of a person or group
of persons for longer than 72 hours is deemed necessary, immediately following
the issuance of an order under subsection (1) or (2) of this section, the
Public Health Director or the local public health administrator must petition
the court in accordance with ORS 433.123.
     (6) A person or group of persons detained
under subsection (1) or (2) of this section has the right to be represented by
legal counsel in accordance with ORS 433.466. [2007 c.445 §8]
     433.123
Petition for court order for isolation or quarantine; contents; hearing on
petition; contents of order; duration of isolation or quarantine. (1) The Public Health Director or a local
public health administrator may petition the court for an order authorizing:
     (a) The isolation or quarantine of a
person or group of persons; or
     (b) The continued isolation or quarantine
of a person or group of persons detained under ORS 433.121.
     (2) A petition filed under subsections (1)
and (9) of this section must:
     (a) Identify the person or group of
persons subject to isolation or quarantine;
     (b) Identify the premises where isolation
or quarantine will take place, if known;
     (c)(A) Describe the reasonable efforts
made to obtain voluntary compliance with a request for an emergency public
health action, including requests for testing or medical examination,
treatment, counseling, vaccination, decontamination of persons or animals,
isolation, quarantine and inspection and closure of facilities; or
     (B) Explain why reasonable efforts to
obtain voluntary compliance are not possible and why the pursuit of these
efforts creates a risk of serious harm to others;
     (d) Describe the suspected communicable
disease or toxic substance, if known, and the anticipated duration of isolation
or quarantine based on the suspected communicable disease, infectious agent or
toxic substance;
     (e) Provide information supporting the
reasonable belief of the Public Health Director or the local public health
administrator that the person or group of persons is, or is suspected to be,
infected with, exposed to, or contaminated with a communicable disease or toxic
substance that could spread to or contaminate others if remedial action is not
taken;
     (f) Provide information supporting the
reasonable belief of the Public Health Director or the local public health
administrator that the person or group of persons would pose a serious risk to
the health and safety of others if not detained for purposes of isolation or
quarantine;
     (g) Describe the medical basis for which
isolation or quarantine is justified and explain why isolation or quarantine is
the least restrictive means available to prevent a serious risk to the health
and safety of others;
     (h) Establish the time and date on which
the isolation or quarantine commences; and
     (i) Contain a statement of compliance with
the conditions of and principles for isolation and quarantine specified in ORS
433.128.
     (3) The person or group of persons
detained or sought for detention must be personally served with a copy of the
petition filed with the court under subsection (1) of this section and with the
written notice required by ORS 433.126. If copies of the petition and notice
cannot be personally served in a timely manner to a group of persons because
the number of persons in the group makes personal service impracticable, the
Public Health Director or the local public health administrator may post the
petition and notice in a conspicuous place where the petition and notice can be
viewed by those detained or may find other means to meaningfully communicate
the information in the petition and notice to those detained.
     (4) A person or group of persons subject
to a petition filed under subsection (1) or (9) of this section has the right
to be represented by legal counsel in accordance with ORS 433.466.
     (5) The filing of a petition under
subsection (1) of this section to continue isolation or quarantine for a person
or group of persons detained under an emergency administrative order issued
under ORS 433.121 extends the isolation or quarantine order until the court
holds a hearing pursuant to subsection (6) of this section.
     (6)(a) The court shall hold a hearing on a
petition filed under subsection (1) of this section within 72 hours of the
filing of the petition, exclusive of Saturdays, Sundays and legal holidays.
     (b) In extraordinary circumstances and for
good cause shown, or with consent of the affected persons, the Public Health
Director or the local public health administrator may apply to continue the
hearing date for up to 10 days. The court may grant a continuance at its
discretion, giving due regard to the rights of the affected persons, the
protection of the public health, the severity of the public health threat and
the availability of necessary witnesses and evidence.
     (c) The hearing required under this
subsection may be waived by consent of the affected persons.
     (d) The provisions of ORS 40.230, 40.235
and 40.240 do not apply to a hearing held under this subsection. Any evidence
presented at the hearing that would be privileged and not subject to disclosure
except as required by this paragraph shall be disclosed only to the court, the
parties and their legal counsel or persons authorized by the court and may not
be disclosed to the public.
     (7) If a person or group of persons who is
the subject of a petition filed under subsection (1) or (9) of this section
cannot personally appear before the court because personal appearance poses a
risk of serious harm to others, the court proceeding may be conducted by legal
counsel for the person or group of persons and be held at a location or via any
means that allows all parties to fully participate.
     (8) The court shall grant the petition if,
by clear and convincing evidence, the court finds that isolation or quarantine
is necessary to prevent a serious risk to the health and safety of others. In
lieu of or in addition to isolation or quarantine, the court may order the
imposition of other public health measures appropriate to the public health threat
presented. The court order must:
     (a) Specify the maximum duration for the
isolation or quarantine, which may not exceed 60 days unless there is
substantial medical evidence indicating that the condition that is the basis of
the public health threat is spread by airborne transmission and cannot be
rendered noninfectious within 60 days or may recur after 60 days, in which case
the maximum duration of the isolation or quarantine may not exceed a period of
180 days;
     (b) Identify the person or group of persons
subject to the order by name or shared or similar characteristics or
circumstances;
     (c) Specify the factual findings
warranting imposition of isolation, quarantine or another public health
measure;
     (d) Include any conditions necessary to
ensure that isolation or quarantine is carried out within the stated purposes
and restrictions of this section; and
     (e) Be served on all affected persons or
groups in accordance with subsection (3) of this section.
     (9) Prior to the expiration of a court
order issued under subsection (8) or (10) of this section, the Public Health
Director or the local public health administrator may petition the court to
continue isolation or quarantine. A petition filed under this subsection must
comply with the requirements of subsections (2) to (8) of this section.
     (10)(a) The court will hold a hearing on a
petition filed under subsection (9) of this section within 72 hours of filing,
exclusive of Saturdays, Sundays and legal holidays.
     (b) In extraordinary circumstances and for
good cause shown, or with consent of the affected persons, the Public Health
Director or the local public health administrator may apply to continue the
hearing date for up to 10 days. The court may grant a continuance at its
discretion, giving due regard to the rights of the affected persons, the
protection of the public health, the severity of the public health threat and
the availability of necessary witnesses and evidence.
     (c) The hearing required under this
subsection may be waived by consent of the affected parties.
     (d) The court may continue the isolation
or quarantine order if the court finds there is clear and convincing evidence
that continued isolation or quarantine is necessary to prevent a serious threat
to the health and safety of others. In lieu of or in addition to continued
isolation or quarantine, the court may order the imposition of a public health
measure appropriate to the public health threat presented.
     (e) An order issued under this subsection
must comply with the requirements of subsection (8) of this section.
     (11) An order issued under subsection (10)
of this section shall be for a period not to exceed 60 days and shall be served
on all affected parties in accordance with subsection (3) of this section.
     (12) In no case may a person or group of
persons be in quarantine or isolation for longer than 180 days unless,
following a hearing, a court finds that extraordinary circumstances exist and
that the person or group of persons subject to isolation or quarantine
continues to pose a serious threat to the health and safety of others if
detention is not continued.
     (13) Failure to obey a court order issued
under this section shall subject the person in violation of the order to
contempt proceedings under ORS 33.015 to 33.155. [2007 c.445 §9]
     433.125 [Repealed by 1973 c.259 §20]
     433.126
Notice to persons subject to order; rules. (1) 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:
     (a) The right to legal counsel, including
how to request and communicate with counsel;
     (b) The right to petition the court for
release from isolation or quarantine and the procedures for filing a petition;
     (c) The conditions of and principles of
isolation and quarantine specified in ORS 433.128;
     (d) The right to petition the court for a
remedy regarding a breach of the conditions of isolation or quarantine imposed
on the person or group of persons and the procedures for filing a petition; and
     (e) The sanctions that may be imposed for
violating an order issued under ORS 433.121 or 433.123.
     (2) The Public Health Director or the
local public health administrator must ensure, to the extent practicable, that
the person or group of persons receives the notice required under this section
in a language and in a manner the person or group of persons can understand.
     (3) The Public Health Director may adopt
rules prescribing the form of notice required by this section. [2007 c.445 §10]
     433.128
Conditions of and principles for isolation or quarantine; notice to manager of
health care facility. 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:
     (1) Isolation or quarantine must be by the
least restrictive means necessary to prevent the spread of a communicable
disease or possibly communicable disease to others or to limit exposure to or
contamination with a toxic substance by others, and may include, but is not
limited to, confinement to private homes or other public or private premises.
     (2) Confinement may not be in a prison,
jail or other facility where those charged with a crime or a violation of a
municipal ordinance are incarcerated unless:
     (a) The person or group of persons
represents an immediate and serious physical threat to the staff or physical facilities
of a hospital or other facility in which the person or group of persons has
been confined; or
     (b) A person has been found in contempt of
court because of failure to obey a court order.
     (3) Isolated persons must be confined
separately from quarantined persons. If a facility is not capable of separating
isolated persons from quarantined persons, either the isolated persons or the
quarantined persons must be moved to a separate facility.
     (4) The health status of an isolated or
quarantined person must be monitored regularly to determine if the person
requires continued isolation or quarantine.
     (5) A quarantined person who subsequently
becomes infected or is reasonably believed to have become infected with a
communicable disease or possibly communicable disease that the Public Health
Director or the local public health administrator believes poses a significant
threat to the health and safety of other quarantined persons must be promptly
placed in isolation.
     (6) An isolated or quarantined person must
be released as soon as practicable when the Public Health Director or local
public health administrator determines that the person has been successfully
decontaminated or that the person no longer poses a substantial risk of
transmitting a communicable disease or possibly communicable disease that would
constitute a serious or imminent threat to the health and safety of others.
     (7) The needs of a person who is isolated
or quarantined must be addressed to the greatest extent practicable in a
systematic and competent fashion, including, but not limited to, providing
adequate food, medication, competent medical care, clothing, shelter and means
of communication with other persons who are in isolation or quarantine and
persons who are not under isolation or quarantine.
     (8) Premises used for isolation or
quarantine must, to the extent practicable, be maintained in a safe and
hygienic manner to lessen the likelihood of further transmission of a
communicable disease or possibly communicable disease or of further harm to
persons who are isolated and quarantined.
     (9) Cultural and religious beliefs should
be considered to the extent practicable in addressing the needs of persons who
are isolated or quarantined and in establishing and maintaining premises used
for isolation or quarantine.
     (10)(a) Isolation or quarantine shall not
abridge the right of any person to rely exclusively on spiritual means to treat
a communicable disease or possibly communicable disease in accordance with
religious or other spiritual tenets and practices.
     (b) Nothing in ORS 433.126 to 433.138,
433.142 and 433.466 prohibits a person who relies exclusively on spiritual
means to treat a communicable disease or possibly communicable disease and who
is infected with a communicable disease or has been exposed to a toxic
substance from being isolated or quarantined in a private place of the personÂ’s
own choice, provided the private place is approved by the Public Health
Director or the local health administrator and the person who is isolated or quarantined
complies with all laws, rules and regulations governing control, sanitation,
isolation and quarantine.
     (11) Prior to placing a person or group of
persons subject to isolation or quarantine in a health care facility as defined
in ORS 442.015, the Public Health Director or the local public health
administrator must provide to the managers of the health care facility notice
of the intention to seek authorization from the court to place a person or
group of persons in isolation or quarantine in the facility and must consult
with the managers of the health care facility regarding how to best meet the
requirements of this section.
     (12) The Public Health Director or local
public health administrator shall provide adequate means of communication
between a person or a group of persons who is isolated or quarantined and legal
counsel for the person or group of persons. [2007 c.445 §12]
     433.130 [Amended by 1973 c.259 §11; 1987 c.600 §12;
repealed by 2007 c.445 §42]
     433.131
Entry into premises used for isolation or quarantine; rules. (1) Entry into premises used for isolation
or quarantine shall be allowed under the following conditions:
     (a) 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 necessary to meet
the needs of isolated or quarantined persons;
     (b) Only persons authorized by the Public
Health Director or the local public health administrator may enter premises
used for isolation or quarantine;
     (c) An authorized person entering premises
used for isolation or quarantine shall be provided with infection control
training and may be required to wear personal protective equipment or to
receive vaccinations as determined by the Public Health Director or the local
public health administrator; and
     (d) A person entering premises used for
isolation or quarantine with or without authorization of the Public Health
Director or the local public health administrator may become subject to
isolation or quarantine.
     (2) Persons subject to isolation or
quarantine and other persons entering premises used for isolation or quarantine
are subject to rules and orders adopted by the Public Health Director or the
local public health administrator. Failure to comply with rules and orders
adopted by the Public Health Director or the local public health administrator
is a Class D violation.
     (3) If a health care facility as defined
in ORS 442.015 is used as a premises for isolation or quarantine, the Public
Health Director or the local public health administrator must consult with the
managers of the health care facility regarding how best to meet the
requirements of this section.
     (4) Nothing in this section prohibits a
physician or other health care worker in a health care facility from having
access to a person or a group of persons who is in isolation or quarantine
pursuant to ORS 433.121 or 433.123 if the infection control procedures and
other precautions determined necessary by the Public Health Director are
adhered to by the facility and the physician or other health care worker
seeking access to the isolated or quarantined person. [2007 c.445 §13]
     433.133
Court hearing and order for release from isolation or quarantine or for remedy
for breach of required conditions of isolation or quarantine. (1)(a) Any person or group of persons who is
isolated or quarantined pursuant to ORS 433.121 or 433.123 may apply to the
court for an order to show cause why the individual or group should not be
released.
     (b) The court shall rule on the
application to show cause within 48 hours of the filing of the application.
     (c) The court must grant the application
if there is a reasonable basis to support the allegations in the application,
and the court shall schedule a hearing on the order requiring the Department of
Human Services to appear and to show cause within five working days of the
filing of the application.
     (d) The issuance of an order to show cause
and ordering the department to appear and show cause does not stay or enjoin an
isolation or quarantine order.
     (2)(a) A person or group of persons who is
isolated or quarantined may request a hearing in the court for remedies
regarding breaches of the conditions of isolation or quarantine required by ORS
433.128.
     (b) The court must hold a hearing if there
is a reasonable basis to believe there has been a breach of the conditions of
isolation or quarantine required by ORS 433.128.
     (c) A request for a hearing shall not stay
or enjoin an order for isolation or quarantine.
     (d) Upon receipt of a request under this
subsection alleging extraordinary circumstances justifying the immediate
granting of relief, the court shall hold a hearing on the matters alleged as
soon as practicable.
     (e) If a hearing is not granted under
paragraph (c) of this subsection, the court shall hold a hearing on the matters
alleged within five days from receipt of the request.
     (3) In any proceedings brought for relief under
this section, in extraordinary circumstances and for good cause shown, or with
consent of the petitioner or petitioners the Public Health Director or local
public health administrator may move the court to extend the time for a
hearing. The court in its discretion may grant the extension giving due regard
to the rights of the affected persons, the protection of the public health, the
severity of the emergency and the availability of necessary witnesses and
evidence.
     (4) If a person or group of persons who is
detained cannot personally appear before the court because such an appearance
poses a risk of serious harm to others, the court proceeding may be conducted
by legal counsel for the person or group of persons and be held at a location
or via any means that allows all parties to fully participate.
     (5) If the court finds, by clear and
convincing evidence, that a person or group of persons no longer poses a
serious risk to the health and safety to others, the court may order the
release of that person or group of persons from isolation or quarantine.
     (6) If the court finds by clear and
convincing evidence that a person or group of persons is not being held in
accordance with the conditions of isolation or quarantine required by ORS
433.128, the court may order an appropriate remedy to ensure compliance with
ORS 433.128. [2007 c.445 §14]
     433.135 [Amended by 1973 c.259 §12; repealed by 2007
c.445 §42]
     433.136
Consolidation of proceedings regarding isolation or quarantine. 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:
     (1) The number of persons involved or to
be affected is so large that individual participation is rendered
impracticable;
     (2) There are questions of law or fact
common to the individual petitions or rights to be determined;
     (3) The group petitioner rights to be
determined are typical of the affected personsÂ’ petitions or rights; and
     (4) The entire group will be adequately
represented in the consolidation. [2007 c.445 §15]
     433.138
Assistance of law enforcement officials in enforcing orders. 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. [2007 c.445 §16]
     433.140
Payment of isolation or quarantine expenses; assistance. (1) 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.
     (2) The Department of Human Services may
provide general assistance, including medical care for the person who is
isolated or quarantined, on the basis of need, provided that no payment shall
be made for the care of any such person in or under the care of any public
institution or public agency or municipality. [Amended by 1971 c.779 §64; 2007
c.445 §29]
     433.142
Petition for isolation of contaminated property; contents; hearing; court
order. (1) 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.
     (2) The Public Health Director or a local
public health administrator may petition the court to isolate property if there
is reason to believe the property is contaminated with a toxic substance that
poses a serious risk to the health and safety of others.
     (3) The petition must:
     (a) Describe the property subject to
isolation;
     (b)(A) Describe the reasonable efforts
made to obtain voluntary compliance from the owner or custodian of the property
with public health measures necessary to isolate the property; or
     (B) Explain why reasonable efforts to
obtain voluntary compliance are not possible and why the pursuit of these
efforts creates a risk of serious harm to others;
     (c) Describe the suspected toxic substance
and the health effects of exposure to the toxic substance;
     (d) Provide information supporting the
reasonable belief of the Public Health Director or the local public health
administrator that the toxic substance could spread to or contaminate others if
remedial action is not taken;
     (e) Provide information supporting the
reasonable belief of the Public Health Director or the local public health
administrator that the toxic substance poses a serious risk to the health and
safety of others if the property is not isolated;
     (f) Explain why isolation of the property
is the least restrictive means available to prevent a serious risk to the
health and safety of others; and
     (g) Explain whether the property subject
to isolation can be decontaminated or whether the property must be destroyed.
     (4) The petition must be personally served
on the owner or custodian of the property.
     (5)(a) The court must hold a hearing
within 72 hours of the filing of the petition, exclusive of Saturdays, Sundays
and legal holidays.
     (b) For good cause shown, or with consent
of the affected owner or custodian of the property, the Public Health Director
or the local public health administrator may apply to continue the hearing date
for up to 10 days, which continuance the court may grant at its discretion
giving due regard to the rights of the affected owner or custodian of the
property, the protection of the public health, the severity of the public
health threat and the availability of necessary witnesses and evidence.
     (c) A hearing may be waived by the owner
or custodian of the property.
     (6) The court shall grant the petition if,
by clear and convincing evidence, the court finds that isolation of property
contaminated with a toxic substance is necessary to prevent a serious risk to
the health and safety of others. An order authorizing isolation shall be in
effect until the toxic substance no longer poses a serious risk to the health
and safety of others.
     (7) The court order must:
     (a) Identify the property to be isolated;
     (b) Specify factual findings warranting
isolation, including a description of the toxic substance believed to be
contaminating the property;
     (c) Include any conditions necessary to
ensure that isolation is carried out within the stated purposes and
restrictions of this section; and
     (d) Describe the remedial actions
necessary to neutralize or remove the contamination. [2007 c.445 §17]
     433.145 [Repealed by 1973 c.259 §20]
     433.150
Quarantine hospital; seizure, control of and compensation for emergency
hospital. (1) 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.
     (2) When a great emergency exists the
board of health may seize and occupy temporarily for such quarantine hospital
any suitable vacant house or building within its jurisdiction and the board of
health of any city or municipality having a quarantine hospital shall have control
over the same. However, in case of use of such house or premises, due
compensation shall be tendered for their use.
     433.155 [Repealed by 1973 c.259 §13 (433.156 enacted
in lieu of 433.155)]
     433.156
Enforcement of isolation or quarantine by law enforcement authorities. All state and local law enforcement
authorities shall cooperate with any officer authorized to impose isolation or
quarantine in the enforcement thereof. [1973 c.259 §14 (enacted in lieu of
433.155); 2007 c.445 §18a]
     433.160 [Repealed by 1973 c.259 §20]
     433.205 [Repealed by 1973 c.259 §20]
     433.210 [Repealed by 1973 c.259 §20]
     433.215 [Repealed by 1973 c.259 §15 (433.216 enacted
in lieu of 433.215)]
     433.216
Detaining conveyance for inspection or investigation. 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. [1973 c.259 §16
(enacted in lieu of 433.215); 1987 c.600 §13; 2007 c.445 §19]
     433.220
Measures taken on discovery of disease or toxic substance; rules; jurisdiction
over emergency. (1) 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 Department of
Human Services may:
     (a) Issue an order for testing, medical
examination or treatment under ORS 433.035.
     (b) Isolate or quarantine such persons or
goods in accordance with ORS 433.121, 433.123 or 433.142.
     (c) Cause the passengers and material in
the involved conveyance to be subjected to requirements by the Department of
Human Services for the control of the specific communicable disease or
prevention of harm to the public health from the toxic substance.
     (d) Offer free immunization in those
diseases to which such prophylactic treatment is applicable to all persons
exposed in any conveyance.
     (2) Should any question arise as to the
existence of any emergency, the Public Health Director shall have final
jurisdiction. [Amended by 1973 c.259 §17; 1987 c.600 §14; 2007 c.445 §20]
     433.225 [Repealed by 1973 c.259 §20]
     433.230 [Repealed by 1973 c.259 §20]
DISEASE
CONTROL IN SCHOOLS
     433.235
Definitions for ORS 433.235 to 433.284. As used in ORS 433.235 to 433.284:
     (1) “Administrator” means the principal or
other person having general control and supervision of a school or childrenÂ’s
facility.
     (2) “Children’s facility” or “facility”
means:
     (a) A certified child care facility as
described in ORS 657A.030 and 657A.250 to 657A.450, except as exempted by rule
of the Department of Human Services;
     (b) A program operated by, or sharing the
premises with, a certified child care facility, school or post-secondary
institution where care is provided to children, six weeks of age to
kindergarten entry, except as exempted by rule of the department; or
     (c) A program providing child care or
educational services to children, six weeks of age to kindergarten entry, in a
residential or nonresidential setting, except as exempted by rule of the
department.
     (3) “Local health department” means the
district or county board of health, public health officer, public health
administrator or health department having jurisdiction within the area.
     (4) “Parent” means a parent or guardian of
a child or any adult responsible for the child.
     (5) “Physician” means a physician licensed
by the Oregon Medical Board or by the Board of Naturopathic Examiners or a
physician similarly licensed by another state or country in which the physician
practices or a commissioned medical officer of the Armed Forces or Public
Health Service of the United States.
     (6) “School” means a public, private,
parochial, charter or alternative educational program offering kindergarten
through grade 12 or any part thereof, except as exempted by rule of the
Department of Human Services. [Formerly 433.263; 1991 c.255 §1; 1995 c.278 §55;
2001 c.900 §156; 2003 c.14 §246; 2005 c.343 §1]
     433.240
Parental responsibility. (1)
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.
     (2) Notwithstanding ORS 339.030, nothing
in ORS 433.235 to 433.284 operates to remove parental liability under
compulsory attendance laws. [1981 c.78 §§9,10; 1985 c.579 §5; 1989 c.619 §6]
     433.245
Advisory committee; membership.
(1) The Director of Human Services shall appoint a committee to advise the
Department of Human Services 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.
     (2) Members of the committee appointed
pursuant to subsection (1) of this section shall include, but need not be
limited to, representatives of the Department of Human Services, the Department
of Education, public, private and parochial schools, childrenÂ’s facilities,
institutions of post-secondary education, education service districts, local
health departments, the boards of county commissioners or county courts and the
public. [1981 c.78 §8; 1991 c.255 §2]
     433.255
Persons with or exposed to restrictable disease excluded from school or
childrenÂ’s facility. Except
in strict conformity with the rules of the Department of Human Services, no
child or employee shall be permitted to be in any school or childrenÂ’s facility
when:
     (1) That child or employee has any
restrictable disease;
     (2) That child or employee comes from any
house in which exists any restrictable disease; or
     (3) That child has been excluded as
provided in ORS 433.267 (5) or (7). [Amended by 1973 c.259 §18; 1981 c.78 §2;
1989 c.224 §88; 1991 c.67 §115; 1991 c.255 §4; 2005 c.343 §2]
     433.260
Exclusion of persons exposed to or having restrictable disease from school or
childrenÂ’s facility; certificate for readmission. (1) 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 Department of Human Services to be
excluded from a school or childrenÂ’s facility, the administrator shall send
such person home and, if the disease is one that must be reported to the
department, report the occurrence to the local health department by the most
direct means available.
     (2) Any person excluded under subsection
(1) of this section may not be permitted to be in the school or facility until
the person presents a certificate from a physician, nurse practitioner, local
health department nurse or school nurse stating that the person does not have
or is not a carrier of any restrictable disease. [Amended by 1973 c.259 §19;
1979 c.731 §7; 1981 c.78 §3; 1989 c.224 §89; 1991 c.255 §5; 2001 c.900 §157;
2005 c.471 §1]
     433.263 [1973 c.566 §1; 1979 c.731 §8; 1981 c.78 §1;
renumbered 433.235]
     433.265 [Repealed by 1973 c.259 §20]
     433.267
Immunization of school children; rules; exceptions; effect of failure to
comply. (1) As a condition
of attendance in any school or childrenÂ’s facility in this state, every child
through grade 12 shall submit to the administrator one of the following
statements unless the school or facility which the child attends already has on
file a record which indicates that the child has received immunizations against
the restrictable diseases prescribed by rules of the Department of Human
Services as provided in ORS 433.273:
     (a) A statement signed by the parent, a
practitioner of the healing arts who has within the scope of the practitionerÂ’s
license the authority to administer immunizations or a representative of the
local health department certifying the immunizations the child has received;
     (b) A statement signed by a physician or a
representative of the local health department that the child should be exempted
from receiving specified immunization because of indicated medical diagnosis;
or
     (c) A statement signed by the parent that
the child has not been immunized as described in paragraph (a) of this
subsection because the child is being reared as an adherent to a religion the
teachings of which are opposed to such immunization.
     (2)(a) A newly entering child or a
transferring child shall be required to submit the statement described in
subsection (1) of this section prior to attending the school or facility.
     (b) Notwithstanding paragraph (a) of this
subsection, a child transferring from a school in the
     (3) Persons who have been emancipated
pursuant to ORS 419B.558 or who have reached the age of consent for medical
care pursuant to ORS 109.640 may sign those statements on their own behalf
otherwise requiring the signatures of parents under subsection (1) of this
section.
     (4) The administrator shall conduct a
primary evaluation of the records submitted pursuant to subsection (1) of this
section to determine whether the child is entitled to begin attendance by
reason of having submitted a statement that complies with the requirements of
subsection (1) of this section.
     (5) If the records do not meet the initial
minimum requirements established by rule, the child may not be allowed to
attend until the requirements are met. If the records meet the initial minimum
requirements, the child shall be allowed to attend.
     (6) At the time specified by the
department by rule, records for children meeting the initial minimum
requirements and records previously on file shall be reviewed for completion of
requirements by the administrator to determine whether the child is entitled to
continue in attendance. If the records do not comply, the administrator shall
notify the local health department and shall transmit any records concerning
the childÂ’s immunization status to the local health department.
     (7) The local health department shall
provide for a secondary evaluation of the records to determine whether the
child should be excluded for noncompliance with the requirements stated in
subsection (1)(a) or (b) of this section. If the child is determined to be in
noncompliance, the local health department shall issue an exclusion order and
shall send copies of the order to the parent or the person who is emancipated
or has reached the age of majority and the administrator. On the effective date
of the order, the administrator shall exclude the child from the school or
facility and not allow the child to attend the school or facility until the
requirements of this section have been met.
     (8) The administrator shall readmit the
child to the school or facility when in the judgment of the local health
department the child is in compliance with the requirements of this section.
     (9) The administrator shall be responsible
for updating the statement described in subsection (1)(a) of this section as
necessary to reflect the current status of the immunization of the child and
the time at which the child comes into compliance with immunizations against
the restrictable diseases prescribed by rules of the department pursuant to ORS
433.273.
     (10) Nothing in this section shall be
construed as relieving agencies, in addition to school districts, which are
involved in the maintenance and evaluation of immunization records on April 27,
1981, from continuing responsibility for these activities.
     (11) All statements required by this
section shall be on forms approved or provided by the department.
     (12) In lieu of signed statements from
practitioners of the healing arts, the department may accept immunization
record updates using practitioner documented immunization records generated by
electronic means or on practitioner letterhead but unsigned, if the department
determines such records are accurate.
     (13) As used in this section:
     (a) “Newly entering child” means a child
who is initially attending:
     (A) A facility in this state;
     (B) A school at the entry grade level;
     (C) Either a school at any grade level or
a facility from homeschooling; or
     (D) A school at any grade level or a
facility after entering the
     (b) “Transferring child” means a child
moving from:
     (A) One facility to another facility;
     (B) One school in this state to another
school in this state when the move is not the result of a normal progression of
grade level; or
     (C) A school in another state to a school
in this state. [1973 c.566 §2; 1977 c.457 §1; 1981 c.78 §4; 1991 c.255 §3; 1993
c.546 §139; 2001 c.900 §158; 2005 c.343 §3]
     433.269
Immunization by local health departments; rules; records and reports. (1) Local health departments shall make
available immunizations to be administered under the direction of the local
health officer in convenient areas and at convenient times. No person shall be
refused service because of inability to pay.
     (2) The local health department and all
schools and childrenÂ’s facilities shall report annually to the Department of
Human Services as specified in the rules of the Department of Human Services on
the number of children in the area served and those children who are
susceptible to restrictable disease as prescribed by rules of the Department of
Human Services pursuant to ORS 433.273 by reason of noncompliance. A child
exempted under ORS 433.267 shall be considered to be susceptible.
     (3) The administrator shall maintain
immunization records of children, including children in attendance
conditionally because of incomplete immunization schedules and children
exempted under ORS 433.267. [1973 c.566 §3; 1981 c.78 §5; 1991 c.255 §6]
     433.270 [Repealed by 1973 c.259 §20]
     433.271
Thimerosal prohibited in school entry immunizations provided by Department of Human
Services; exceptions. The
Department of Human Services 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 department may purchase and distribute a pediatric
vaccine that contains thimerosal if no other vaccine for the same purpose is
commercially available in a form that does not contain thimerosal. [2001 c.720 §2]
     Note: 433.271 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.
     433.273
Rules. The Department of
Human Services shall adopt rules pertaining to the implementation of ORS
433.235 to 433.284, which shall include, but need not be limited to:
     (1) The definition of “restrictable”
disease;
     (2) The required immunization against
diseases, including rubella, considered to be dangerous to the public health
under ORS 433.267;
     (3) The time schedule for immunization;
     (4) The approved means of immunization;
     (5) The procedures and time schedule
whereby children may be excluded from attendance in schools or facilities,
including service of notice to parents;
     (6) The manner in which immunization
records for children are established, evaluated and maintained;
     (7) The exempted schools and children’s
facilities; and
     (8) The implementation of ORS 433.282 and
433.283. [1973 c.566 §4; 1977 c.457 §2; 1981 c.78 §6; 1991 c.255 §7]
    Â
     433.275 [1973 c.566 §5; repealed by 1981 c.78 §15]
     433.280
Status of immunization records as public records. Nothing in ORS 179.505, 192.518 to 192.529,
326.565, 326.575 or 336.187 prevents:
     (1) Inspection by or release to
administrators by local health departments of information relating to the
status of a personÂ’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 the parent of a child.
     (2) Local health departments from
releasing information concerning the status of a personÂ’s immunization against
restrictable diseases by telephone to the parent, administrators and public
health officials. [1981 c.78 §11; 1991 c.255 §8; 2003 c.86 §12]
     433.282
Required immunizations at certain post-secondary educational institutions;
rules. (1) The Department of
Human Services may require each post-secondary educational institution, except
a community college or a career school, to require that each entering full-time
student has current immunizations, as required for children attending school
pursuant to rules adopted by the department under ORS 433.273, prior to the
studentÂ’s second quarter or semester of enrollment on an Oregon campus, using
procedures developed by the institution.
     (2) Notwithstanding subsection (1) of this
section, the department may require each post-secondary educational
institution, except a community college or a career school, to document, using
procedures developed by the institution, that each entering full-time student
has current immunizations, as required for children attending school pursuant
to rules adopted by the department under ORS 433.273, prior to the student
attending classes if the student will be attending the institution pursuant to
a nonimmigrant visa.
     (3) The department by rule shall establish
immunization schedules and may further limit the students and programs to which
the requirement applies.
     (4) The department may conduct validation
surveys to ensure compliance with this section. [1991 c.255 §10; 1995 c.343 §48;
2005 c.343 §4]
     433.283
Immunizations against measles for certain students at community colleges;
rules. (1) The Department of
Human Services 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 studentÂ’s participation. The requirement shall apply only to those
students born on or after January 1, 1957.
     (2) The State Board of Education by rule
shall define clinical experiences in allied health programs, practicum
experiences in education and child care programs and membership on
intercollegiate sports teams at the community colleges. The Department of Human
Services by rule shall establish immunization schedules and may further limit
the students and programs to which the requirement applies. Each community
college shall develop procedures to implement and maintain this requirement.
     (3) The Department of Human Services may
conduct validation surveys to insure compliance with this section. Community
colleges shall be required to keep immunization records only while the student
is involved in the program. [1991 c.255 §11]
     433.284
Adoption of more stringent immunization requirements. Private schools, childrenÂ’s facilities and
post-secondary educational institutions may adopt additional or more stringent
requirements as long as medical and religious exemptions are included and the
requirements are in compliance with the United States Public Health Service
Advisory Committee on Immunization Practices recommendations. [1991 c.255 §12]
CONTROL OF
METABOLIC DISEASES
     433.285
Policy to control metabolic diseases; testing; fees; exemptions; waiver of
fees; rules. (1) It hereby
is declared to be a matter of public policy of the State of
     (2) The Department of Human Services by
rule shall specify the diseases for which infants shall be tested under
subsection (1) of this section, the appropriate time following delivery for
collecting specimens, the manner in which the specimens are to be submitted,
the persons responsible for submitting the specimens, the methods of testing
and the manner of payment of the fees.
     (3) The testing required by subsection (1)
of this section shall not be required if the infant is being reared as an adherent
to a religion the teachings of which are opposed to such testing. The person
responsible for submitting specimens under the rules of the Department of Human
Services shall be responsible for submitting a statement signed by the infantÂ’s
parent that the infant is being so reared. The department by rule shall
prescribe the form of the statement.
     (4) The Department of Human Services shall
adopt by rule a procedure whereby the fees established under subsection (2) of
this section shall be waived and no infant refused service because of the
parentÂ’s inability to pay the fee.
     (5) The Department of Human Services by
rule shall prescribe the procedure to be followed in cases where initial
testing for metabolic diseases is administered too early to detect these
diseases, where the sample submitted for testing is improperly collected and
where a sample shows an abnormal result. The Department of Human Services,
within the limits of funds available from fees collected under this section,
shall institute a pilot program for follow-up on abnormal test results. [1963
c.190 §1; 1965 c.88 §1; 1977 c.582 §34; 1981 c.630 §2; 1983 c.490 §2]
     433.290
Department to conduct educational program concerning metabolic diseases. (1) The Legislative Assembly finds that many
newborn children are given their first tests for metabolic diseases too early
for the detection of these diseases because parents remove these newborn
infants from the hospital before the optimum testing period commences. To
assure proper first testing and follow-up testing and increase knowledge about
the nature and results of these diseases, the Department of Human Services
shall institute and carry on an intensive educational program among physicians,
hospitals, public health nurses, the parents of newborn children and the public
concerning the disease of phenylketonuria and other metabolic diseases. This
educational program shall include information concerning:
     (a) The nature of these diseases; and
     (b) Examinations for the detection of
these diseases in infancy in order that measures may be taken to prevent the
mental retardation resulting from these diseases.
     (2) The Department of Human Services shall
make a special effort specifically to inform expectant parents and parents of
newborn children of the necessity of newborn infants receiving appropriate
tests within the optimum time range after birth to prevent the mental
retardation or other serious complications resulting from these diseases. [1963
c.190 §2; 1977 c.582 §35; 1983 c.490 §1]
     433.295
Report of cases required; forms to be furnished. (1) All physicians, public health nurses and
the administrators of hospitals shall report the discovery of cases of
phenylketonuria to the Department of Human Services.
     (2) The Department of Human Services shall
furnish all physicians, public health nurses and hospitals forms on which the
result of tests for phenylketonuria shall be reported to the Department of
Human Services. [1963 c.190 §3]
VITAMIN K FOR
NEWBORNS
     433.303
Policy on vitamin K. It is
the policy of the State of
     433.305 [Repealed by 1969 c.685 §23]
     433.306
Duty to administer vitamin; religious objection; effect of inability to pay. (1) A physician licensed under ORS chapters
677, 684 and 685 or the midwife attending the mother at the birth of the child
shall be responsible for insuring that the newborn infant shall receive vitamin
K within 24 hours after birth by the most appropriate means, either by
injection or orally.
     (2) The procedure described in subsection
(1) of this section does not apply to any infant whose parents object to the
procedure on the grounds that the procedure conflicts with the religious tenets
and practices of the parents. The parents must sign a statement saying the
infant is being so reared.
     (3) No infant shall be refused the
procedure described in subsection (1) of this section because of the parentÂ’s
inability to pay. [1983 c.585 §2]
     433.307 [1973 c.470 §1; 1981 c.630 §3; repealed by
1983 c.490 §3]
     433.309 [1973 c.470 §2; 1981 c.630 §4; repealed by
1983 c.490 §3]
     433.310 [Amended by 1969 c.314 §41; 1969 c.685 §17;
renumbered 438.410]
     433.311 [1973 c.470 §3; repealed by 1983 c.490 §3]
     433.312
Determining dosage; rules; notice to practitioners. (1) The Department of Human Services in
consultation with the Oregon Pediatric Society by rule shall establish the
appropriate dosage of vitamin K and the procedures for administering vitamin K
which may be either by injection or orally.
     (2) The Department of Human Services in
cooperation with the licensing boards established in ORS chapters 677, 684 and
685 shall notify their licensees of these rules. Any association of midwives
shall also be notified. [1983 c.585 §3]
     433.313 [1973 c.470 §4; repealed by 1983 c.490 §3]
     433.314
Educational program. The
Department of Human Services shall institute and carry on an educational
program among medical and naturopathic physicians, chiropractors, midwives,
potential parents and the public concerning the need for newborn infants to
receive vitamin K within 24 hours after birth. [1983 c.585 §4]
     433.315 [Repealed by 1969 c.685 §23]
     433.320 [Repealed by 1969 c.685 §23]
NEWBORN
HEARING SCREENING TEST
     433.321
Hearing screening tests for newborns; disclosure of information; exemptions. (1) In all
     (2) All
     (3) All
     (a) Notify the parent or guardian and the
health care provider for the newborn child of the test results;
     (b) With the results of the test, provide
names and contact information for diagnostic facilities in the community; and
     (c) Report to the department the results
of the test for the newborn child and information identifying the newborn
child.
     (4) A diagnostic facility conducting
newborn hearing tests shall report, within 10 days of the test, to the
department the results of the test for the newborn child and information
identifying the newborn child.
     (5) Each public and private educational
institution that provides early intervention services as defined in ORS 343.035
shall disclose to the department information identifying the children referred
to the educational institution with diagnosed hearing loss and the enrollment
status of the children. The institution may disclose to the department
additional information regarding children with hearing loss who are receiving
early intervention services if the educational institution has obtained consent
to disclose the information.
     (6) The department, in collaboration with
the Child Development and
     (a) A description of the responsibilities
created by this section;
     (b) A list of appropriate screening
devices and descriptions of training protocols to ensure that staff members are
adequately trained in the use of screening equipment;
     (c) A list of newborn hearing screening
testing and diagnostic facilities;
     (d) A list of public and private
educational institutions that provide early intervention services and a
description of the geographic area served by each institution; and
     (e) Other information related to newborn
hearing screening tests that the department deems appropriate.
     (7) A hospital or birthing center directed
to provide newborn hearing screening tests under this section is exempt from
providing such services if the parent or guardian of the newborn child objects
to the testing procedure on the grounds that the procedure conflicts with the
religious tenets and practices of the parent or guardian. The parent or
guardian must sign a statement that the newborn infant is being so reared.
     (8) No newborn child may be refused the
procedure described in subsection (1) of this section because of an inability
of the parent or guardian to pay for the procedure. [1999 c.958 §1; 2003 c.240 §1]
     Note: 433.321 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.
     433.323
Newborn hearing screening test registry and tracking and recall system; rules. (1) As used in this section:
     (a) “Newborn hearing screening test
registry” means a listing of newborn children and information related to their
newborn hearing screening tests.
     (b) “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 hearing
screening test registry for the purposes of assisting in testing and in
enrollment of the newborn child in early intervention services in a timely
manner.
     (2) The Department of Human Services shall
implement a newborn hearing screening test registry and tracking and recall
system. The registry and system shall include, but are not limited to, the
following:
     (a) Information on the results of newborn
hearing screening tests performed at
     (b) Notification of the parent or guardian
and the health care provider of a newborn child and of the local public health
agency of the county in which the parent or guardian resides when the system
indicates that a newborn child has not received a newborn hearing screening
test, has been referred to a diagnostic facility for a diagnostic evaluation
but has not received the evaluation or has been diagnosed with hearing loss but
has not been enrolled in an educational institution providing early
intervention services.
     (3) The department shall adopt rules:
     (a) Implementing this section and ORS
433.321;
     (b) Ensuring the privacy of individuals
about whom information is collected pursuant to this section and ORS 433.321;
and
     (c) Specifying the forms to be used by hospitals,
birthing centers, diagnostic facilities and educational institutions to provide
the information required under this section and ORS 433.321.
     (4) The department shall analyze the
information collected under this section to determine the efficacy of this
section and ORS 433.321 in identifying hearing loss in the newborn child
population and enrolling newborn children in early intervention services.
     (5) The department shall issue an annual
report detailing the results of newborn hearing screening tests, diagnostic
evaluations and participation in early intervention services.
     (6) The department shall implement the
newborn hearing screening test registry within existing resources. The
department may accept contributions of funds and assistance from the United
States Government or its agencies or from any other source, public or private,
and agree to conditions not inconsistent with the purposes of the registry. [1999
c.958 §2; 2003 c.240 §2]
     Note: 433.323 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.
     433.325 [Amended by 1969 c.685 §19; renumbered
438.420]
     433.326
Waiver of requirement of authorization to disclose information. 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, the Department of Human Services and local health
departments and their agents, parents or guardians and diagnostic facilities to
share information from the newborn hearing screening test registry without
violating confidentiality. The newborn hearing screening test registry and the
associated tracking and recall system are designed to increase early and appropriate
intervention to minimize delays in developing language skills by the children
of this state. [2003 c.240 §5]
     Note: 433.326 and 433.327 were enacted into law by
the Legislative Assembly but were 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.
     433.327
Limitation on liability for good faith disclosure. A person may not maintain an action for
damages against an
     Note: See note under 433.326.
     433.330 [Repealed by 1969 c.685 §23]
     433.335 [Amended by 1969 c.685 §15; renumbered
438.450]
RABIES
CONTROL
     433.340
Definitions for ORS 433.340 to 433.390. As used in ORS 433.340 to 433.390 unless the context requires
otherwise:
     (1) “Animal” means a dog or other animal
of a species susceptible to rabies.
     (2) “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 about any premises occupied by the person. “Owner” does
not include veterinarians or kennel operators temporarily maintaining on their
premises animals owned by other persons for a period of not more than 30 days. [1971
c.413 §1]
     433.345
Report of animal bites; rules; handling and disposition of animals. (1) 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.
     (2) The Department of Human Services, in
consultation with the State Department of Agriculture, shall promulgate rules
relating to the handling and disposition of animals that have bitten a person
or are suspected of rabies or that have been in close contact with an animal
suspected of rabies. Such rules may include requirements for confinement,
isolation and inoculation. Owners or persons in possession of animals subject
to such rules, shall handle or dispose or allow the handling or disposal of
such animals strictly in accordance with such rules. [1971 c.413 §2; 1977 c.189
§4; 2001 c.636 §2]
     433.350
Authority to take possession and order destruction of animal. 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 Human Services may order possession of the animal to be immediately
relinquished to the director or to the authorized representative of the
director and may order the animal destroyed for examination of its bodily tissues.
[1971 c.413 §3]
     433.355
Procedure to force compliance with ORS 433.350. (1) 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
Human Services under ORS 433.350, the Director of Human Services 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 with such order.
     (2) The petition shall be verified and
shall set forth the facts relative to the refusal to comply with the order. A
copy of the petition shall be served upon the owner or person in possession of
the animal in the manner provided for service of summons in civil actions. Such
owner or person in possession shall appear and answer the petition at a time
and place set by the court in an order, a copy of which shall be served with
the petition, directing the defendant to appear at such time and place, and to
then and there show cause, if any, why an order directing compliance with the
order of the Director of Human Services should not be granted. The time set by
the court for the hearing to show cause shall be made with due regard for the
circumstances of the person or persons who have been subjected to the bite or
scratch of the animal and whose health or life may be in jeopardy.
     (3) If the owner or person in possession
fails to appear or the court either with or without such appearance finds the
allegations of the petition are true and the order of the Director of Human
Services is necessary under ORS 433.350, the court shall enter its order
requiring the owner or person in possession of such animal to comply with the
order of the Director of Human Services.
     (4) The sheriff of the county in which the
animal is located shall execute such order by serving upon the owner or person
in possession a copy thereof duly certified to by the clerk of the circuit
court and by enforcing the provisions thereof. [1971 c.413 §4]
     433.360
Report of rabies cases; quarantine. (1) Whenever a case of animal rabies occurs, the fact shall be
reported to the Director of Human Services and to the State Department of
Agriculture immediately.
     (2) The State Department of Agriculture in
consultation with the Director of Human Services shall establish such
quarantine under ORS chapter 596 as the State Department of Agriculture and the
Director of Human Services may deem necessary.
     (3) The State Department of Agriculture
and the Director of Human Services may contract with counties for the purpose
of carrying out the provisions of ORS 433.350, 433.355 and subsection (2) of
this section. [1971 c.413 §5; 1975 c.750 §1; 1977 c.189 §5]
     433.365
Inoculation against rabies; rules; exception; costs. (1) 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 Department of Human Services or the State
Department of Agriculture.
     (2) Unless pursuant to conditions
specified in ORS 430.357, any rules of the State Department of Agriculture or
the Director of Human Services with respect to inoculation shall:
     (a) Not apply to animals brought
temporarily into the state for periods of less than 30 days but may require
that the animals be kept under strict supervision by the owners of the animals.
     (b) Not apply to dogs or to any other
animal specifically exempted from the inoculation requirement by rule of the
Department of Human Services or the State Department of Agriculture.
     (3) The costs of all such required
inoculations shall be borne by the owners of the animal. [1971 c.413 §7; 1975
c.750 §2; 2001 c.636 §3]
     433.367
Department to establish vaccination clinics; payment of costs by dog owners. The Department of Human Services 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. [1977 c.189 §2]
     433.370
Inoculation certificate.
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 Department of Human Services. [1971 c.413 §8; 1975 c.750 §3; 1977 c.189 §6;
1985 c.793 §1]
     433.375
Filing of inoculation certificate; certificate required for license; issuance
of tag. (1) 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.
     (2) 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 date as such date is determined in
accordance with rules of the Department of Human Services relating to intervals
of inoculation. The tag shall be designed for and shall be attached to a collar
or harness which shall be worn by the dog for which the tag and certificate is
issued at all times when off or outside the premises of the owner. Whenever an
original tag is lost, mutilated or destroyed, upon application and payment of
the fee prescribed under ORS 433.380, if any, a replacement tag, to be dated,
designed and worn as the original, shall be issued.
     (3) No official of any county shall issue
a license for a dog until the official has been shown a proper certification,
or its equivalent, of a rabies inoculation.
     (4) If the county files the certificate
upon which a tag is issued, it shall be cross-referenced to the tag number. If
the certificate is not filed, the county shall keep an appropriate record of
the expiration date and number, if any, of the certificate cross-referenced to
the tag number. Notwithstanding ORS 205.320 (1), a fee is not required for
filing the certificate.
     (5) Unexpired tags shall be honored in all
counties when the animal is in transit or where the owner has established a new
residence.
     (6) The provisions of this section apply
to a city, rather than a county, in a city which has a dog licensing program. [1971
c.413 §9; 1975 c.750 §4; 1977 c.189 §6a; 1985 c.793 §2; 1991 c.230 §34]
     433.377
Issuance of license as verification of inoculation; issuance of tag not
required. 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). [1977
c.189 §3]
     433.379
Disposal of inoculation certificates. Notwithstanding ORS 192.001 to 192.170, the county or city may dispose
of certificates of inoculation upon their expiration date. [1977 c.189 §12]
     433.380
Tag fee; status of fee. 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. [1971 c.413 §10]
     433.385
Impoundment of animals; notice to owner; redeeming animal; disposition of
animals. (1) Any animal in
violation of ORS 433.365 shall be apprehended and impounded.
     (2) 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.
     (3) When an animal is apprehended and
impounded, the owner, if known, shall be given notice of not less than five
days from the date of such impounding before the animal is destroyed or
otherwise disposed of. An owner appearing to redeem the animal may do so if the
provisions of ORS 433.365 are complied with and if the owner pays the expense
of keeping the animal during the time it was impounded and in addition thereto,
the sum established by the county governing body. If the animal is subject to
any other impounding law the requirements for release under that law shall also
be met except that the expense of keeping the animal shall be payable only once
for the period of impoundment. If the owner does not appear to redeem the
animal after the notice provided for herein, or otherwise, after five days, or
if the owner is not known, after three days, the governing body of the county
may provide for animals impounded to be released to any other person upon the
conditions outlined in this subsection or otherwise disposed of in a humane
manner.
     (4) If the owner desires to redeem an
animal impounded pursuant to this section or the animal is to be released to
any other person as provided in subsection (3) of this section, the person
shall post a $20 deposit with the county and obtain possession of the animal
for the purpose of complying with ORS 433.365. The county shall refund the
deposit to a person who, on or before the eighth day after obtaining possession
of the animal, demonstrates proof of rabies inoculation or exemption from the
inoculation requirement and, if applicable, proof of purchase of a license as
required under ORS 609.100. Failure to demonstrate proof of rabies inoculation
or exemption and proof of licensing within the prescribed time shall forfeit
the deposit to the county.
     (5) The governing body of the county shall
designate persons responsible for the enforcement of this section. [1971 c.413 §11;
1977 c.189 §7; 2001 c.636 §4]
     433.390
County dog control fund; sources and uses. (1) 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.
     (2) 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 the state and local health
officers. [1971 c.413 §12; 1977 c.189 §8; 1987 c.158 §78; 1987 c.905 §22; 2001
c.104 §156; 2007 c.445 §31]
     433.405 [Amended by 1973 c.779 §4; 1979 c.828 §5;
repealed by 1981 c.198 §2]
PROCEDURE
WHERE WORKERS EXPOSED TO INFECTIOUS DISEASE
     433.407
Definitions for ORS 433.407 to 433.423. As used in ORS 433.407 to 433.423 unless the context requires
otherwise:
     (1) “Department” means the Department of
Human Services.
     (2) “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 and 430.397 to 430.401 or ORS chapter 430.
     (3) “Worker” means a person who is
licensed or certified to provide health care under ORS chapter 677, 678, 679,
680, 684 or 685 or ORS 682.216, an employee of a health care facility, of a
licensed health care provider or of a clinical laboratory as defined in ORS
438.010 (1), a firefighter, a law enforcement officer as defined in ORS
414.805, a corrections officer or a parole and probation officer. [1989 c.949 §2;
1993 c.196 §8; 2005 c.264 §24]
     Note: 433.407 to 433.423 were enacted into law by
the Legislative Assembly but were 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.
     433.410 [Amended by 1973 c.779 §5; repealed by 1981
c.198 §2]
     433.411
Legislative finding. 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 as is practicable to
initiate appropriate medical care and to prevent exposing other persons to
infectious diseases. [1989 c.949 §1]
     Note: See note under 433.407.
     433.415 [Amended by 1973 c.779 §6; 1979 c.590 §1;
1979 c.828 §6; repealed by 1981 c.198 §2]
     433.416
When employer to provide preventive immunization. (1) 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.
     (2) Such preventive immunization shall be
provided by the employer at no cost to the worker.
     (3) A worker shall not be required as a
condition of work to be immunized under this section, unless such immunization
is otherwise required by federal or state law, rule or regulation. [1989 c.949 §3]
     Note: See note under 433.407.
     433.419
Notice to employer and worker of exposure. When a local health department or the Department of Human Services
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
Department of Human Services shall make every reasonable effort to notify the
worker and employer of the exposure as soon as medically appropriate given the
urgency of the disease or suspected disease. Notification shall include
recommendations to the worker and employer that are medically appropriate. [1989
c.949 §4]
     Note: See note under 433.407.
     433.420 [Amended by 1973 c.779 §7; 1979 c.828 §7;
repealed by 1981 c.198 §2]
     433.423
Content of Department of Human Services rules. (1) The Department of Human Services shall
adopt rules implementing ORS 433.407 to 433.423. Such rules shall include, but
need not be limited to:
     (a) The development of curriculum dealing
with the exposure of workers to infectious diseases;
     (b) Development and conduct of training
programs for local health department personnel to prepare them to train workers
about the subject of infectious diseases;
     (c) Information on the manner in which infectious
diseases are transmitted; and
     (d) Guidelines that can assist workers and
their employers in distinguishing between conditions in which such workers are
or are not at risk with respect to infectious diseases.
     (2) The rules adopted by the Department of
Human Services shall require that implementation of ORS 433.407 to 433.423 be
accomplished in such a manner as to protect the confidentiality of persons with
infectious diseases and workers exposed to such persons. [1989 c.949 §5]
     Note: See note under 433.407.
     433.425 [Amended by 1973 c.779 §8; repealed by 1981
c.198 §2]
     433.430 [Amended by 1973 c.779 §9; repealed by 1981
c. 198 §2]
     433.435 [Amended by 1973 c.779 §10; repealed by 1981
c.198 §2]
     433.440 [Repealed by 1981 c.198 §2]
PUBLIC HEALTH
EMERGENCIES
     433.441
Proclamation of public health emergency. (1) 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.
     (2) A proclamation of a state of public
health emergency must specify:
     (a) The nature of the public health
emergency;
     (b) The political subdivision or
geographic area subject to the proclamation;
     (c) The conditions that have brought about
the public health emergency; and
     (d) The duration of the state of public
health emergency, if the duration is less than 14 days.
     (3) During a public health emergency, the
Governor may:
     (a) Close, order the evacuation of or the
decontamination of any facility the Governor has reasonable cause to believe
may endanger the public health.
     (b) Regulate or restrict by any means
necessary the use, sale or distribution of food, fuel, medical supplies,
medicines or other goods and services.
     (c) Prescribe modes of transportation,
routes and destinations required for the evacuation of individuals or the
provision of emergency services.
     (d) Control or limit entry into, exit
from, movement within and the occupancy of premises in any public area subject
to or threatened by a public health emergency if such actions are reasonable
and necessary to respond to the public health emergency.
     (e) Take any other action that may be
necessary for the management of resources, or to protect the public during a
public health emergency, including any actions authorized under ORS 401.065,
401.074, 401.085 and 401.095.
     (4) Nothing in ORS 433.441 to 433.452
limits the authority of the Governor to declare a state of emergency under ORS
401.055. If a state of emergency is declared as authorized under ORS 401.055,
the Governor may implement any action authorized by ORS 433.441 to 433.452.
     (5) A proclamation of a state of public
health emergency expires when terminated by a declaration of the Governor or no
more than 14 days after the date the public health emergency is proclaimed
unless the Governor expressly extends the proclamation for an additional 14-day
period.
     (6) When real or personal property is
taken under power granted by this section, the owner of the property shall be
entitled to reasonable compensation from the state. [2003 c.555 §1; 2007 c.445 §23]
     433.442
Definitions for ORS 433.441 to 433.452. As used in ORS 433.441 to 433.452:
     (1) “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.
     (2) “Communicable disease” has the meaning
given that term in ORS 431.260.
     (3) “Local public health authority” has
the meaning given that term in ORS 431.260.
     (4) “Public health emergency” means an
occurrence or imminent threat of an illness or health condition that:
     (a) Is believed to be caused by any of the
following:
     (A) Bioterrorism;
     (B) The appearance of a novel or
previously controlled or eradicated infectious agent or biological toxin that
may be highly contagious;
     (C) An epidemic of communicable disease;
or
     (D) A natural disaster, a chemical attack
or accidental chemical release or a nuclear attack or nuclear accident; and
     (b) Poses a high probability of any of the
following harms:
     (A) A large number of deaths in the
affected population;
     (B) A large number of serious or long-term
disabilities in the affected population; or
     (C) Widespread exposure to an infectious
or toxic agent that poses a significant risk of substantial future harm to a
large number of persons in the affected population.
     (5) “Public health measure” has the
meaning given that term in ORS 431.260. [2007 c.445 §22]
     433.443
Authority of Public Health Director during public health emergency; penalties;
access to and use of individually identifiable health information; rules. (1)(a) During a public health emergency
proclaimed under ORS 433.441, the Public Health Director may, as necessary to
appropriately respond to the public health emergency:
     (A) Adopt reporting requirements for and
provide notice of those requirements to health care providers, institutions and
facilities for the purpose of obtaining information directly related to the
public health emergency;
     (B) After consultation with appropriate
medical experts, create and require the use of diagnostic and treatment
protocols to respond to the public health emergency and provide notice of those
protocols to health care providers, institutions and facilities;
     (C) Order, or authorize local public
health administrators to order, public health measures appropriate to the
public health threat presented;
     (D) Upon approval of the Governor, take
other actions necessary to address the public health emergency and provide
notice of those actions to health care providers, institutions and facilities,
including public health actions authorized by ORS 431.264;
     (E) Take any enforcement action authorized
by ORS 431.262, including the imposition of civil penalties of up to $500 per
day against individuals, institutions or facilities that knowingly fail to
comply with requirements resulting from actions taken in accordance with the
powers granted to the Public Health Director under subparagraphs (A), (B) and
(D) of this paragraph; and
     (F) The authority granted to the Public
Health Director under this section:
     (i) Supersedes any authority granted to a
local public health authority if the local public health authority acts in a
manner inconsistent with guidelines established or rules adopted by the
director under this section; and
     (ii) Does not supersede the general
authority granted to a local public health authority or a local public health
administrator except as authorized by law or necessary to respond to a public
health emergency.
     (b) The authority of the Public Health
Director to take administrative action, and the effectiveness of any action
taken, under paragraph (a)(A), (B), (D), (E) and (F) of this subsection
terminates upon the expiration of the proclaimed state of public health
emergency, unless the actions are continued under other applicable law.
     (2) Civil penalties under subsection (1)
of this section shall be imposed in the manner provided in ORS 183.745. The
Public Health Director must establish that the individual, institution or
facility subject to the civil penalty had actual notice of the action taken
that is the basis for the penalty. The maximum aggregate total for penalties
that may be imposed against an individual, institution or facility under subsection
(1) of this section is $500 for each day of violation, regardless of the number
of violations of subsection (1) of this section that occurred on each day of
violation.
     (3)(a) During a proclaimed state of public
health emergency, the Public Health Director and local public health
administrators shall be given immediate access to individually identifiable
health information necessary to:
     (A) Determine the causes of an illness
related to the public health emergency;
     (B) Identify persons at risk;
     (C) Identify patterns of transmission;
     (D) Provide treatment; and
     (E) Take steps to control the disease.
     (b) Individually identifiable health
information accessed as provided by paragraph (a) of this subsection may not be
used for conducting nonemergency epidemiologic research or to identify persons
at risk for post-traumatic mental health problems, or for any other purpose
except the purposes listed in paragraph (a) of this subsection.
     (c) Individually identifiable health
information obtained by the Public Health Director or local public health
administrators under this subsection may not be disclosed without written
authorization of the identified individual except:
     (A) Directly to the individual who is the
subject of the information or to the legal representative of that individual;
     (B) To state, local or federal agencies
authorized to receive such information by state or federal law;
     (C) To identify or to determine the cause
or manner of death of a deceased individual; or
     (D) Directly to a health care provider for
the evaluation or treatment of a condition that is the subject of a
proclamation of a state of public health emergency issued under ORS 433.441.
     (d) Upon expiration of the state of public
health emergency, the Public Health Director or local public health
administrators may not use or disclose any individually identifiable health
information that has been obtained under this section. If a state of emergency
that is related to the state of public health emergency has been declared under
ORS 401.055, the Public Health Director and local public health administrators
may continue to use any individually identifiable information obtained as
provided under this section until termination of the state of emergency.
     (4) As used in this section:
     (a) “Covered entity” means:
     (A) The Children’s Health Insurance
Program;
     (B) The Family Health Insurance Assistance
Program established under ORS 735.722;
     (C) A health insurer that is an insurer as
defined in ORS 731.106 and that issues health insurance as defined in ORS
731.162;
     (D) The state medical assistance program;
and
     (E) A health care provider.
     (b) “Health care provider” includes but is
not limited to:
     (A) A psychologist, occupational
therapist, clinical social worker, professional counselor or marriage and
family therapist licensed under ORS chapter 675 or an employee of the
psychologist, occupational therapist, clinical social worker, professional
counselor or marriage and family therapist;
     (B) A physician, podiatric physician and
surgeon, physician assistant or acupuncturist licensed under ORS chapter 677 or
an employee of the physician, podiatric physician and surgeon, physician
assistant or acupuncturist;
     (C) A nurse or nursing home administrator
licensed under ORS chapter 678 or an employee of the nurse or nursing home
administrator;
     (D) A dentist licensed under ORS chapter
679 or an employee of the dentist;
     (E) A dental hygienist or denturist
licensed under ORS chapter 680 or an employee of the dental hygienist or
denturist;
     (F) A speech-language pathologist or
audiologist licensed under ORS chapter 681 or an employee of the
speech-language pathologist or audiologist;
     (G) An emergency medical technician
certified under ORS chapter 682;
     (H) An optometrist licensed under ORS
chapter 683 or an employee of the optometrist;
     (I) A chiropractic physician licensed
under ORS chapter 684 or an employee of the chiropractic physician;
     (J) A naturopathic physician licensed
under ORS chapter 685 or an employee of the naturopathic physician;
     (K) A massage therapist licensed under ORS
687.011 to 687.250 or an employee of the massage therapist;
     (L) A direct entry midwife licensed under
ORS 687.405 to 687.495 or an employee of the direct entry midwife;
     (M) A physical therapist licensed under
ORS 688.010 to 688.201 or an employee of the physical therapist;
     (N) A radiologic technologist licensed
under ORS 688.405 to 688.605 or an employee of the radiologic technologist;
     (O) A respiratory care practitioner
licensed under ORS 688.800 to 688.840 or an employee of the respiratory care
practitioner;
     (P) A pharmacist licensed under ORS
chapter 689 or an employee of the pharmacist;
     (Q) A dietitian licensed under ORS 691.405
to 691.585 or an employee of the dietitian;
     (R) A funeral service practitioner licensed
under ORS chapter 692 or an employee of the funeral service practitioner;
     (S) A health care facility as defined in
ORS 442.015;
     (T) A home health agency as defined in ORS
443.005;
     (U) A hospice program as defined in ORS
443.850;
     (V) A clinical laboratory as defined in
ORS 438.010;
     (W) A pharmacy as defined in ORS 689.005;
     (X) A diabetes self-management program as
defined in ORS 743A.184; and
     (Y) Any other person or entity that
furnishes, bills for or is paid for health care in the normal course of business.
     (c) “Individual” means a natural person.
     (d) “Individually identifiable health
information” means any oral or written health information in any form or medium
that is:
     (A) Created or received by a covered
entity, an employer or a health care provider that is not a covered entity; and
     (B) Identifiable to an individual,
including demographic information that identifies the individual, or for which
there is a reasonable basis to believe the information can be used to identify
an individual, and that relates to:
     (i) The past, present or future physical
or mental health or condition of an individual;
     (ii) The provision of health care to an
individual; or
     (iii) The past, present or future payment
for the provision of health care to an individual.
     (e) “Legal representative” means attorney
at law, person holding a general power of attorney, guardian, conservator or
any person appointed by a court to manage the personal or financial affairs of
a person, or agency legally responsible for the welfare or support of a person.
     (5) All civil penalties recovered under
this section shall be paid into the State Treasury and credited to the General
Fund and are available for general governmental expenses.
     (6) The Public Health Director may request
assistance in enforcing orders issued pursuant to this section from state or
local law enforcement authorities. If so requested by the Public Health
Director, state and local law enforcement authorities, to the extent resources
are available, shall assist in enforcing orders issued pursuant to this
section.
     (7) If the Department of Human Services
adopts temporary rules to implement the provisions of this section, the rules
adopted are not subject to the provisions of ORS 183.335 (6)(a). The department
may amend temporary rules adopted pursuant to this subsection as often as
necessary to respond to the public health emergency. [2003 c.555 §§2,3; 2007
c.445 §24]
     433.445 [Amended by 1973 c.779 §11; repealed by 1981
c.198 §2]
     433.446
Authority of Governor during state of public health emergency. 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. [2003 c.555 §4; 2007 c.445 §25]
     433.448
Use of immunization registry and tracking and recall system during state of
public health emergency.
(1)(a) During a state of public health emergency proclaimed under ORS 433.441
or during a state of emergency declared under ORS 401.055 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 purpose of
preventing the spread of diseases that can be prevented by vaccination or for
tracking the mass administration of antibiotic prophylaxis.
     (b) When being used as authorized by this
section, an immunization registry may include persons of any age, and
vaccination records may be shared with authorized users of the registry for
purposes related to the proclaimed state of public health emergency without
obtaining the prior authorization of the clients of the registry.
     (2) As used in this section, “client” and “immunization
registry” have the meaning given those terms in ORS 433.090. [2003 c.555 §5;
2007 c.445 §26]
     433.449
Disposal of human remains during state of public health emergency. (1) As used in this section:
     (a) “Contaminated material” means wastes
or other materials exposed to or tainted by chemical, radiological, or
biological substances or agents.
     (b) “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 transmission.
     (2) Notwithstanding any provision in ORS
chapter 97 or 692, during a state of public health emergency, the Public Health
Director may:
     (a) Prescribe measures to provide for the
safe disposal of human remains as may be reasonable and necessary to respond to
the public health emergency. Measures adopted under this subsection may include
the embalming, burial, cremation, interment, disinterment, transportation and
disposal of human remains.
     (b) Require any person in charge of
disposing of human remains to clearly label the human remains of a deceased
person with a communicable disease or transmissible agent with an external,
clearly visible tag indicating that the human remains are infected or contaminated
and, if known, the communicable disease or transmissible agent or contaminated
materials present in the remains.
     (c) After a medical examiner has certified
the cause and manner of death, order a person in charge of disposing of human
remains to dispose of the human remains of a person who has died of a
communicable disease or transmissible agent through burial or cremation within
a specified time period. To the extent practicable, religious, cultural, family
and individual beliefs of the deceased person or the personÂ’s family shall be
considered when disposing of any human remains.
     (3) The Public Health Director must
consult and coordinate with the State Medical Examiner when exercising
authority under this section. Nothing in this section is intended to override
authority granted to the State Medical Examiner or district medical examiner
under ORS 146.003 to 146.189 and 146.710 to 146.992. [2007 c.445 §28]
     433.450 [Amended by 1973 c.779 §12; repealed by 1981
c.198 §2]
     433.452
Detaining persons exposed to reportable condition or condition that is basis
for state of public health emergency. (1) 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 Department of Human Services to be a reportable
disease or condition or a condition that is the basis for a state of public
health emergency declared by the Governor as authorized by ORS 433.441, the
person may be detained for as long as reasonably necessary for the director or
administrator to convey information to the person regarding the communicable
disease or condition and to obtain contact information, including but not
limited to the personÂ’s residence and employment addresses, date of birth,
telephone numbers and any other contact information required by the director or
administrator.
     (2) If a person detained under subsection
(1) of this section refuses to provide the information requested, the director
or administrator may impose a public health measure appropriate to the public
health threat presented pursuant to ORS 433.035, 433.121 and 433.123. [2003
c.555 §11; 2007 c.445 §27]
     433.455 [Amended by 1973 c.779 §13; repealed by 1981
c.198 §2]
     433.460 [Amended by 1973 c.779 §14; repealed by 1981
c.198 §2]
     433.465 [Amended by 1973 c.779 §15; repealed by 1981
c.198 §2]
     433.466
Right to legal counsel by persons subject to public health measure. (1) 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 for legal counsel is made, the court must appoint legal counsel unless
counsel is expressly, knowingly and intelligently refused by the person or the
group of persons. The person or the group of persons may request legal counsel
at any time during the period of imposition of the isolation, quarantine or
other public health measure.
     (2) If a person is unable to afford legal
counsel, the public defense services executive director shall determine and
pay, as provided in ORS 135.055, the reasonable expenses of the person and
compensation for legal counsel appointed to represent the person. [2007 c.445 §11]
     433.470 [Amended by 1973 c.779 §16; repealed by 1981
c.198 §2]
     433.475 [Amended by 1979 c.590 §2; 1979 c.828 §8;
repealed by 1981 c.198 §2]
     433.480 [Repealed by 1981 c.198 §2]
    Â
     433.485 [Repealed by 1981 c.198 §2]
     433.490 [Amended by 1973 c.779 §17; repealed by 1981
c.198 §2]
     433.495 [Amended by 1967 c.187 §1; 1973 c.779 §18;
repealed by 1981 c.198 §2]
     433.500 [Amended by 1967 c.187 §2; 1973 c.779 §19;
repealed by 1981 c.198 §2]
INDOOR AIR
POLLUTION
     433.502
Definitions. As used in ORS
433.502 to 433.526, 455.445 and 468A.775 to 468A.785:
     (1) “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.
     (2) “Public area” means any enclosed
indoor area open to and frequented by the public and where, during a
representative 24-hour period the number of public occupants exceeds the number
of employees, except private residences. “Public area” includes a health care
facility as defined in ORS 442.015.
     (3) “Remodeling” means any change,
addition or modification in the ventilation system for which a building permit
is or was required.
     (4) “Significant indoor air pollutant”
means any solid, liquid, semisolid, dissolved solid, biological organism,
aerosol or gaseous material, including combinations or mixtures of substances,
which has an adverse effect on human health and has been designated by the
state for regulation under ORS 433.502 to 433.526, 455.445 and 468A.775 to
468A.785. [1989 c.1070 §1]
     Note: 433.502 to 433.526 were enacted into law by
the Legislative Assembly but were 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.
     433.505 [Repealed by 1981 c.198 §2]
     433.507
Legislative findings. The
Legislative Assembly finds and declares:
     (1) 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.
     (2) On the average, people spend at least
90 percent of their time indoors, and, as a result, the population has a
significant potential for exposure to indoor air pollutants.
     (3) Indoor air pollution poses one of the
most serious environmental threats to public health, including cancer,
respiratory illness, multiple chemical sensitivities, skin and eye irritation
and related effects, and is estimated to cause significant increases in medical
costs and claims, and declines in work productivity. Indoor air pollution also
has been linked significantly to improperly maintained ventilation systems that
increase consumption of energy.
     (4) Existing state environmental and
occupational health programs do not adequately protect the public from exposure
to indoor air pollution that may occur in public areas or office workplaces.
     (5) It is in the public interest to reduce
exposure to indoor air pollution by developing a comprehensive program to
investigate and remedy indoor air pollution and to educate the public. [1989
c.1070 §2]
     Note: See note under 433.502.
     433.510 [Amended by 1973 c.779 §20; repealed by 1981
c.198 §2]
     433.511
Public information program.
Subject to available funds, the Department of Human Services 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.
[1989 c.1070 §3]
     Note: See note under 433.502.
     433.515 [Repealed by 1973 c.779 §21 (433.516 enacted
in lieu of 433.515)]
     433.516 [1973 c.779 §22 (enacted in lieu of
433.515); 1979 c.828 §9; repealed by 1981 c.198 §2]
     433.517
Field investigations and epidemiological studies. Subject to available funds, the Department
of Human Services may conduct field investigations and epidemiological studies
to quantify the extent of indoor air pollution levels and public exposure in
     Note: See note under 433.502.
     433.520 [Amended by 1973 c.779 §23; repealed by 1981
c.198 §2]
     433.521
Indoor air quality standards.
(1) Based upon the recommendations of the Indoor Air Pollution Task Force, the
Department of Human Services may establish indoor air quality standards for
significant indoor air pollutants. If established, the standards:
     (a) Shall include an adequate margin of
safety;
     (b) Shall be adequate to protect the
population, including sensitive groups; and
     (c) May be revised as appropriate.
     (2) If established, indoor air quality
standards shall be at least for the following significant indoor air
pollutants:
     (a) Particulate matter;
     (b) Aldehydes;
     (c) Radon;
     (d) Carbon monoxide;
     (e) Carbon dioxide;
     (f) Ozone; and
     (g) Water vapor.
     (3) In developing the indoor air quality
standards, the Department of Human Services shall consult with the Department
of Environmental Quality, the Department of Consumer and Business Services and
the Indoor Air Pollution Task Force.
     (4) The standards established by the
Department of Human Services shall not take effect before July 1, 1991. The
Department of Human Services shall seek voluntary compliance with the
standards. [1989 c.1070 §5; 1993 c.744 §227]
     Note: See note under 433.502.
     433.525 [Repealed by 1981 c.198 §2]
     433.526
Public recognition program for compliance; rules. (1) The Department of Human Services 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 the building exceeds the requirements of
     (2) To qualify for recognition under this
section, an office workplace, building or public area shall:
     (a) Comply with all applicable provisions
of ORS 433.835 to 433.875;
     (b) Demonstrate a consistent pattern of
compliance in meeting all indoor air quality standards and other requirements
of ORS 433.502 to 433.526, 455.445 and 468A.775 to 468A.785; and
     (c) Demonstrate to the satisfaction of the
Department of Human Services that all technically and economically practicable
steps have been taken to minimize significant sources of indoor air pollution.
     (3) The Department of Human Services by
rule may establish a fee to be submitted by the owner or responsible party of a
building, workplace or public area who requests certification under this
section. The fee shall be an amount sufficient to pay the departmentÂ’s costs in
carrying out the provisions of this section. [1989 c.1070 §8]
     Note: See note under 433.502.
     433.530 [Amended by 1973 c.779 §24; repealed by 1981
c.198 §2]
     433.535 [Amended by 1973 c.779 §25; repealed by 1981
c.198 §2]
     433.540 [Amended by 1973 c.779 §26; repealed by 1981
c.198 §2]
     433.545 [Amended by 1973 c.779 §27; repealed by 1981
c.198 §2]
     433.550 [Amended by 1973 c.779 §28; repealed by 1981
c.198 §2]
     433.555 [Amended by 1973 c.779 §29; repealed by 1981
c.198 §2]
     433.560 [Repealed by 1963 c.574 §1 (433.561 enacted
in lieu of 433.560)]
     433.561 [1963 c.574 §2 (enacted in lieu of 433.560);
1973 c.779 §30; repealed by 1981 c.198 §2]
     433.565 [Repealed by 1963 c.574 §3 (433.566 enacted
in lieu of 433.565)]
     433.566 [1963 c.574 §4 (enacted in lieu of 433.565);
1973 c.779 §31; repealed by 1981 c.198 §2]
     433.570 [Amended by 1973 c.779 §32; repealed by 1981
c.198 §2]
     433.575 [Amended by 1973 c.779 §33; repealed by 1981
c.198 §2]
     433.580 [Repealed by 1981 c.198 §2]
     433.585 [Amended by 1973 c.779 §34; repealed by 1981
c.198 §2]
     433.590 [Amended by 1973 c.779 §35; repealed by 1981
c.198 §2]
     433.595 [Amended by 1973 c.779 §36; repealed by 1981
c.198 §2]
     433.600 [Amended by 1973 c.779 §37; repealed by 1981
c.198 §2]
     433.605 [Amended by 1973 c.779 §38; repealed by 1981
c.198 §2]
     433.610 [Repealed by 1981 c.198 §2]
     433.615 [Amended by 1963 c.574 §5; 1969 c.449 §1;
1973 c.779 §39; 1975 c.526 §1; 1977 c.696 §1; 1979 c.590 §3; 1979 c.828 §10;
repealed by 1981 c.198 §2]
     433.620 [Repealed by 1963 c.574 §6 (433.621 enacted
in lieu of 433.620)]
     433.621 [1963 c.574 §7 (enacted in lieu of 433.620);
repealed by 1981 c.198 §2]
     433.625 [Amended by 1963 c.574 §8; 1973 c.779 §40;
repealed by 1981 c.198 §2]
     433.630 [Amended by 1973 c.779 §41; repealed by 1981
c.198 §2]
     433.635 [Repealed by 1973 c.427 §8 (433.636 enacted
in lieu of 433.635)]
     433.636 [1973 c.427 §9 (enacted in lieu of 433.635);
repealed by 1981 c.198 §2]
     433.640 [Repealed by 1981 c.198 §2]
     433.645 [Repealed by 1971 c.743 §432]
     433.650 [Repealed by 1981 c.198 §2]
     433.655 [Repealed by 1981 c.198 §2]
     433.660 [Amended by 1973 c.779 §42; 1977 c.582 §36;
repealed by 1981 c.198 §2]
     433.665 [Amended by 1973 c.779 §43; repealed by 1981
c.198 §2]
     433.670 [Repealed by 1981 c.198 §2]
     433.675 [Amended by 1969 c.314 §42; 1973 c.779 §44;
repealed by 1981 c.198 §2]
     433.680 [Amended by 1973 c.779 §45; repealed by 1981
c.198 §2]
     433.685 [1973 c.779 §2; repealed by 1981 c.198 §2]
     433.690 [1973 c.779 §3; repealed by 1981 c.198 §2]
     433.705
[Amended by 1977 c.582 §38; repealed by 1979 c.492 §1]
     433.710 [Amended by 1977 c.582 §39; renumbered
603.059 in 1999]
MISCELLANEOUS
SANITATION PROVISIONS
     433.715
Exposed merchandise; intermingling or sale without disinfectant prohibited. 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, shall intermingle the same with the goods for sale or offer the
same for sale or sell the same, or receive any merchandise from any place or
premises where any communicable disease exists or has existed, and intermingle
such goods with other goods for sale or offer the same for sale or sell the
same, until such goods have been thoroughly disinfected in accordance with the
rules and regulations of the Department of Human Services.
     433.720 [Amended by 1967 c.428 §10; 1969 c.593 §35;
repealed by 1971 c.648 §33]
     433.725 [Amended by 1967 c.428 §11; 1969 c.593 §36;
repealed by 1971 c.648 §33]
     433.730 [1957 c.422 §1; 1967 c.428 §12; 1969 c.593 §37;
repealed by 1971 c.648 §33]
REGULATION OF
OUTDOOR MASS GATHERINGS
     433.735
Definitions for ORS 433.735 to 433.770. As used in ORS 433.735 to 433.770 and 433.990 (7):
     (1) “Outdoor mass gathering,” unless
otherwise defined by county ordinance, means an actual or reasonably
anticipated assembly of more than 3,000 persons which continues or can
reasonably be expected to continue for more than 24 consecutive hours but less
than 120 hours within any three-month period and which is held primarily in
open spaces and not in any permanent structure.
     (2) “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.
     (3) “Permanent structure” includes a
stadium, an arena, an auditorium, a coliseum, a fairgrounds or other similar
established places for assemblies.
     (4) “Temporary structure” includes tents,
trailers, chemical toilet facilities and other structures customarily erected
or sited for temporary use. [1971 c.597 §1a; 1981 c.82 §3; 1985 c.758 §1; 2001
c.104 §157; 2007 c.445 §32]
     433.740
Policy. 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. [1971 c.597 §1]
     433.745
Outdoor mass gathering without permit prohibited. (1) No organizer shall hold, conduct,
advertise or otherwise promote an outdoor mass gathering or allow an outdoor
mass gathering to be held on real property the organizer owns, leases or
possesses unless a permit to hold such outdoor mass gathering has been issued
by the county governing body in which the outdoor mass gathering is to take
place.
     (2) A permit issued under this section does
not entitle the organizer to make any permanent physical alterations to or on
the real property which is the site of the outdoor mass gathering. [1971 c.597 §2;
1985 c.758 §3]
     433.750
Permit application; procedure for issuance of permit; fee. (1) The governing body of a county in which
an outdoor mass gathering is to take place shall issue a permit upon
application when 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 adopted by the Department of
Human Services. The application shall include all of the following:
     (a) Name and address of the applicant.
     (b) Legal description of the place of the
proposed gathering.
     (c) Date of the proposed gathering.
     (d) Estimated attendance at the proposed
gathering.
     (e) Nature of the proposed gathering.
     (f) Such other appropriate information as
the county governing body may require in order to insure compliance with rules
of the Department of Human Services.
     (2) Notice of the application shall be
sent by the county governing body to the county sheriff or county chief law
enforcement officer, the county health officer and the chief of the fire
district in which the gathering is to be held.
     (3) Each officer receiving notice of the
application under subsection (2) of this section who wishes to comment on the
application shall submit such comment in writing to the county governing body
not later than the hearing date. The comment may include recommendations
related to the official functions of the officer as to granting the permit and
any recommended conditions that should be imposed.
     (4) The county governing body shall hold a
public hearing on the issue of compliance with this section. Notice of the time
and place of such hearing including a general explanation of the matter to be
considered shall be published at least 10 calendar days before the hearing in a
newspaper of general circulation in the county or, if there is none, it shall
be posted in at least three public places in the county.
     (5) Any decision of a county governing
body on an application for a permit to hold an outdoor mass gathering may be
appealed to a circuit court for the county as provided in ORS 34.020 to 34.100.
     (6) A county governing body may charge
permit applicants a fee reasonably calculated to reimburse the county for its
reasonable and necessary costs in receiving, processing and reviewing
applications for permits to hold outdoor mass gatherings. However, a fee
authorized by this subsection shall not exceed $5,000 and shall not be charged
when the governing body finds, by a preponderance of the evidence presented to
the governing body, that the applicant is unable to reimburse the governing
body. [1971 c.597 §3; 1985 c.758 §4; 1993 c.779 §1]
     433.755
Additional information required before permit issued; liability of permit
holder; casualty insurance; county as additional insured. (1) 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 as it may deem necessary. If the county governing body determines
upon examination of the permit application that the outdoor mass gathering
creates a potential for injury to persons or property, the county governing
body may require organizers to obtain an insurance policy in an amount
commensurate with the risk, but not exceeding $1 million. The policy of
casualty insurance shall provide coverage against liability for death, injury
or disability of any human or for damage to property arising out of the outdoor
mass gathering. The county shall be named as an additional insured under the
policy.
     (2) In the event of failure to remove all
debris or residue and repair any damage to personal or real property arising
out of the outdoor mass gathering within 72 hours after its termination and to
remove any temporary structures used at the outdoor mass gathering within three
weeks after its termination, the county governing body may file suit against
the organizer for financial settlement as is needed to remove debris, residue
or temporary structures and to repair such damage to real or personal property
of persons not attending the outdoor mass gathering. The organizer shall be
wholly responsible for payment of any fines imposed under ORS 433.990 (7). [1971
c.597 §4; 1985 c.758 §5; 1993 c.779 §2; 2001 c.104 §158; 2007 c.445 §33]
     433.760
Rulemaking authority.
Notwithstanding any other provisions of law, the Department of Human Services
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:
     (1) Adequate water supply, drainage and
sewerage facilities;
     (2) Adequate toilet facilities;
     (3) Adequate refuse storage and disposal
facilities;
     (4) Adequate food and sanitary food
service, if supplied;
     (5) Adequate emergency medical facilities
and communication systems;
     (6) Adequate fire protection; and
     (7) Adequate security personnel and
traffic control. [1971 c.597 §5; 1981 c.82 §4; 1985 c.758 §8]
     433.763
Compliance with land use regulations required; criteria for approval. (1) Any gathering of more than 3,000 persons
which continues or can reasonably be expected to continue for more than 120
hours within any three-month period and any part of which is held in open
spaces shall be allowed by a county planning commission if all of the following
occur:
     (a) The organizer makes application for a
permit to the county planning commission.
     (b) The applicant demonstrates to the
county planning commission that the applicant has complied or can comply with
the requirements for an outdoor mass gathering permit set out in ORS 433.750.
     (c) The county planning commission shall
make findings that:
     (A) Any permits required by the applicable
land use regulations have been granted; and
     (B) The proposed gathering:
     (i) Is compatible with existing land uses;
and
     (ii) Does not materially alter the
stability of the overall land use pattern of the area.
     (2) The provisions of ORS 433.755 apply to
any gatherings reviewed or approved under this section.
     (3) A decision granting or denying a
permit under this section may be appealed to the county governing body as
provided in ORS 215.402 to 215.438.
     (4) If a county has not created a planning
commission as provided in ORS 215.030, the county governing body, or such other
person as the governing body designates shall receive the application and make
the findings and decision required by this section. [1985 c.758 §7]
     433.765
Effect on county ordinances or regulations adopted under county charter. Ordinances or regulations of a county
enacted under a county charter adopted pursuant to section 10, Article VI,
Oregon Constitution, and 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),
are not superseded by ORS 433.735 to 433.770 and 433.990 (7) or such rules.
Nothing in 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) precludes the right of a county to enact
ordinances or regulations under a county charter if such ordinances or
regulations are 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). [1971 c.597 §6;
2001 c.104 §159; 2007 c.445 §34]
     433.767
Application to gatherings defined by county ordinance. 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 (1). [1981 c.82 §2; 2001 c.104 §160; 2007 c.445 §35]
     433.770
Enforcement. (1) 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.
     (2) Cases filed under the provisions of
this section or an appeal therefrom shall be given preference on the docket
over all other civil cases except those given equal preference by statute. [1971
c.597 §6a; 1979 c.284 §143]
PROGRAMS TO
TREAT ALLERGIC RESPONSE OR HYPOGLYCEMIA
     433.800
Definitions for ORS 433.800 to 433.830. As used in ORS 433.800 to 433.830, unless the context requires
otherwise:
     (1) “Allergen” means a substance, usually
a protein, which evokes a particular adverse response in a sensitive
individual.
     (2) “Allergic response” means a medical
condition caused by exposure to an allergen, with physical symptoms that may be
life threatening, ranging from localized itching to severe anaphylactic shock
and death.
     (3) “Hypoglycemia” means a condition in
which a person experiences low blood sugar, producing symptoms that may range
from drowsiness to loss of muscle control so that chewing or swallowing is
impaired, to irrational behavior in which food intake is resisted, or to
convulsions, fainting or coma.
     (4) “Other treatment” means oral
administration of food containing glucose or other forms of carbohydrate, such
as jelly or candy.
     (5) “Other treatment has failed” means the
hypoglycemic studentÂ’s symptoms have worsened or the student has become
incoherent, unconscious or unresponsive. [1989 c.299 §2; 1997 c.345 §1]
     433.805
Policy. 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 specific allergens and to persons who are
experiencing severe hypoglycemia when other treatment has failed or cannot be
initiated. [1981 c.367 §1; 1989 c.299 §3; 1997 c.345 §2]
     433.810
Duties of Department of Human Services; rules. The Department of Human Services shall:
     (1) Adopt rules necessary for the
administration of ORS 433.800 to 433.830 including defining circumstances under
which 433.800 to 433.815 and 433.825 shall apply. The department shall include
input from the educational system, health care provider organizations and other
interested parties when adopting rules or amending those rules.
     (2) Develop or approve protocols for
educational training as described in ORS 433.815, including the use of
mechanisms for periodic retraining of individuals, and provide the protocols
for educational training upon request to schools, health care professionals,
parents or guardians of students or other interested parties. [1981 c.367 §2;
1989 c.299 §4; 1997 c.345 §3]
     433.815
Educational training.
Educational training required by ORS 433.800 to 433.830 shall be conducted
under the supervision of a physician licensed under ORS chapter 677 or a nurse
practitioner licensed under ORS chapter 678 to practice in this state. The
training may be conducted by a health care professional licensed under ORS
chapter 678 as delegated by a supervising professional. The curricula shall
minimally include the following subjects:
     (1) Recognition of the symptoms of
systemic allergic responses to insect stings and other allergens;
     (2) Recognition of the symptoms of
hypoglycemia;
     (3) Familiarity with common factors that
are likely to elicit systemic allergic responses and common factors that may
induce hypoglycemia;
     (4) Proper administration of a
subcutaneous injection of epinephrine for severe allergic responses to insect
stings and other specific allergens;
     (5) Proper administration of a
subcutaneous injection of glucagon for severe hypoglycemia when other treatment
has failed or cannot be initiated; and
     (6) Necessary follow-up treatment. [1981
c.367 §3; 1989 c.299 §5; 1997 c.345 §4]
     433.820
Eligibility for training. A
person eligible to receive the training described in ORS 433.815 must meet the
following requirements:
     (1) Be 21 years of age or older; and
     (2) Have, or reasonably expect to have,
responsibility for or contact with at least one other person as a result of the
eligible personÂ’s occupational or volunteer status, such as camp counselors,
scout leaders, school personnel, forest rangers, tour guides or chaperones. [1981
c.367 §4; 1997 c.345 §5]
     433.825
Availability of doses of epinephrine and glucagon to trained persons. (1) A person who has successfully completed
educational training described in ORS 433.815 for severe allergic responses may
receive from any health care professional with appropriate prescriptive
privileges licensed under ORS chapter 677 or 678 in this state a prescription
for premeasured doses of epinephrine and the necessary paraphernalia for
administration. The person may possess and administer in an emergency situation
when a licensed health care professional is not immediately available such
prescribed epinephrine to any person suffering a severe allergic response.
     (2) A person who has successfully
completed educational training in the administration of glucagon as described
in ORS 433.815 for hypoglycemia may receive from the parent or guardian of a
student doses of glucagon prescribed by a health care professional with
appropriate prescriptive privileges licensed under ORS chapter 677 or 678 in
this state, as well as the necessary paraphernalia for administration. The
person may possess and administer glucagon to the student for whom the glucagon
is prescribed, if the student is suffering a severe hypoglycemic reaction in an
emergency situation when a licensed health care professional is not immediately
available and other treatment has failed or cannot be initiated. [1981 c.367 §5;
1989 c.299 §6; 1997 c.345 §6]
     433.830
Immunity of trained person and institution rendering emergency assistance. (1) No cause of action shall arise against a
person who has successfully completed an educational training program described
in ORS 433.815 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
misconduct.
     (2) No cause of action shall arise against
an institution, facility, agency or organization when acting in good faith to
allow for the rendering of emergency treatment pursuant to the authority
granted by ORS 433.800 to 433.830, except where such conduct can be described
as wanton misconduct. [1981 c.367 §6; 1997 c.345 §7]
     433.835
Definitions for ORS 433.835 to 433.875. As used in ORS 433.835 to 433.875:
     (1) “Enclosed area” means all space
between a floor and a ceiling that is enclosed on all sides by solid walls or
windows, exclusive of doors or passageways, that extend from the floor to the
ceiling, including all space therein screened by partitions that do not extend
to the ceiling.
     (2) “Place of employment” means every
enclosed area under the control of a public or private employer that employees
frequent during the course of employment, including but not limited to work
areas, employee lounges, rest rooms, conference rooms, classrooms, cafeterias
and hallways. “Place of employment” does not include a private residence unless
it is used as a child care facility as defined in ORS 657A.250, a facility
providing adult day care as defined in ORS 410.490 or a health care facility as
defined in ORS 442.015.
     (3) “Public place” means any enclosed
indoor area open to and frequented by the public, except those public places
subject to ORS 441.815, including but not limited to restaurants, as defined in
ORS 624.010, retail stores, banks, commercial establishments, educational
facilities, nursing homes, auditoriums, arenas, meeting rooms and grocery
stores.
     (4) “Smoking instrument” means any cigar,
cigarette, pipe or other smoking equipment. [1981 c.384 §2; 2001 c.990 §1]
     Note: The amendments to 433.835 by section 1,
chapter 602, Oregon Laws 2007, take effect January 1, 2009. See section 13,
chapter 602, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the userÂ’s convenience.
     433.835. As used in ORS 433.835 to 433.875:
     (1) “Cigar bar” means a business that:
     (a) Has on-site sales of cigars as defined
in ORS 323.500;
     (b) Has a humidor on the premises;
     (c) Allows the smoking of cigars on the
premises but prohibits the smoking of all other tobacco products in any form
including, but not limited to, loose tobacco, pipe tobacco, cigarettes as
defined in ORS 323.010 and cigarillos as defined by the Department of Human
Services by rule;
     (d) Has been issued and operates under a
full on-premises sales license issued under ORS 471.175;
     (e) Prohibits persons under 21 years of
age from entering the premises and posts notice of the prohibition;
     (f) Does not offer video lottery games as
authorized under ORS 461.217;
     (g) Has a maximum seating capacity of 40
persons;
     (h) Has a ventilation system that is
certified by the assistant to the State Fire Marshal described in ORS 476.060
for the jurisdiction in which the cigar bar is located as adequate to remove
the cigar smoke in the cigar bar and vents the smoke from the cigar bar in a
manner that prevents the smoke from entering any other establishment; and
     (i) Requires all employees to read and
sign a document that explains the dangers of exposure to secondhand smoke.
     (2) “Enclosed area” means all space
between a floor and a ceiling that is enclosed on three or more sides by
permanent or temporary walls or windows, exclusive of doors or passageways,
that extend from the floor to the ceiling.
     (3) “Place of employment” means every
enclosed area under the control of a public or private employer that employees
frequent during the course of employment, including but not limited to work
areas, employee lounges, vehicles that are operated in the course of an
employerÂ’s business that are not operated exclusively by one employee, rest
rooms, conference rooms, classrooms, cafeterias, hallways, meeting rooms,
elevators and stairways. “Place of employment” does not include a private
residence unless it is used as a child care facility as defined in ORS 657A.250
or a facility providing adult day care as defined in ORS 410.490.
     (4) “Public place” means any enclosed area
open to the public.
     (5) “Smoke shop” means a business that:
     (a) Is primarily engaged in the sale of
tobacco products and smoking instruments, with at least 75 percent of the gross
revenues of the business resulting from such sales;
     (b) Prohibits persons under 18 years of
age from entering the premises;
     (c) Does not offer video lottery games as
authorized under ORS 461.217, social gaming or betting on the premises;
     (d) Does not sell or offer on-premises
consumption of alcoholic beverages; and
     (e) Is a stand-alone business with no
other businesses or residential property attached to the premises.
     (6) “Smoking instrument” means any cigar,
cigarette, pipe or other smoking equipment.
     433.840
Policy. The people of
     Note: The amendments to 433.840 by section 2,
chapter 602, Oregon Laws 2007, take effect January 1, 2009. See section 13,
chapter 602, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the userÂ’s convenience.
     433.840. The people of
     433.845
Smoking prohibited except in designated areas. No person shall smoke or carry any lighted
smoking instrument in a public place except in areas designated as smoking
areas pursuant to ORS 433.850. Smoking is prohibited in a room during the time
that jurors are required to use the room. [1981 c.384 §3; 1985 c.752 §1]
     Note: The amendments to 433.845 by section 3,
chapter 602, Oregon Laws 2007, take effect January 1, 2009. See section 13,
chapter 602, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the userÂ’s convenience.
     433.845. (1) A person may not smoke or carry any
lighted smoking instrument in a public place or place of employment except in
areas designated as smoking areas pursuant to ORS 433.850.
     (2) A person may not smoke or carry any
lighted smoking instrument within 10 feet of the following parts of public
places or places of employment:
     (a) Entrances;
     (b) Exits;
     (c) Windows that open; and
     (d) Ventilation intakes that serve an
enclosed area.
     (3) A person may not smoke or carry any
lighted smoking instrument in a room during the time that jurors are required
to use the room.
     433.850
Smoke free place of employment required; exceptions; posting signs. (1) Except as provided in subsection (2) of
this section, an employer shall provide a place of employment that is free of
tobacco smoke for all employees.
     (2) The following areas are not subject to
the smoking restrictions in subsection (1) of this section:
     (a) Retail businesses primarily engaged in
the sale of tobacco or tobacco products.
     (b) Restaurants posted as off-limits to
minors or areas of restaurants posted as off-limits to minors under rules
adopted by the Oregon Liquor Control Commission.
     (c) Bars or taverns posted as off-limits
to minors under rules adopted by the Oregon Liquor Control Commission.
     (d) Rooms or halls being used by a charitable,
fraternal or religious organization to conduct bingo games under a license
issued pursuant to ORS 464.270.
     (e) Bowling centers.
     (f) Rooms designated by the owner or
person in charge of a hotel or motel as rooms in which smoking is permitted.
     (g) Employee lounges designated by an
employer for smoking if:
     (A) The lounge is not accessible to
minors;
     (B) The air in the lounge is exhausted
directly to the outside by an exhaust fan and not recirculated to other parts
of the building;
     (C) The lounge is in compliance with
ventilation standards established by rule by the Department of Human Services;
     (D) The lounge is located in a nonwork
area where no employee is required to enter as part of the employeeÂ’s work
responsibilities. For purposes of this paragraph, “work responsibilities” does
not include custodial or maintenance work carried out in a lounge when it is
unoccupied; and
     (E) There are sufficient nonsmoking
lounges to accommodate nonsmokers.
     (3) An employer, except in those places
described in subsection (2) of this section, shall post appropriate signs. [1981
c.384 §§4,5; 2001 c.104 §161; 2001 c.990 §2]
     Note: The amendments to 433.850 by section 4,
chapter 602, Oregon Laws 2007, take effect January 1, 2009. See section 13,
chapter 602, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the userÂ’s convenience.
     433.850. (1) An employer shall provide a place of
employment that is free of tobacco smoke for all employees.
     (2) Notwithstanding subsection (1) of this
section:
     (a) The owner or person in charge of a
hotel or motel may designate up to 25 percent of the sleeping rooms of the
hotel or motel as rooms in which smoking is permitted.
     (b) Smoking of noncommercial tobacco
products for ceremonial purposes is permitted in spaces designated for
traditional ceremonies in accordance with the American Indian Religious Freedom
Act, 42 U.S.C. 1996.
     (c) Smoking is permitted in a smoke shop.
     (d) Smoking is permitted in a cigar bar
that generated on-site retail sales of cigars of at least $5,000 for the
calendar year ending December 31, 2006.
     (3) An employer, except in those places
described in subsection (2) of this section, shall post signs that provide
notice of the provisions of ORS 433.835 to 433.875.
     433.855
Duties of Department of Human Services; rules; limitations; compliance checks. (1) The Department of Human Services, in
accordance with the provisions of ORS chapter 183:
     (a) Shall adopt rules necessary to
implement the provisions of ORS 433.835 to 433.875 and 433.990 (5);
     (b) Shall be responsible for compliance
with such rules; and
     (c) May impose a civil penalty not to
exceed the amount specified in ORS 433.990 (5) for each violation of a rule of
the department applicable to ORS 433.850, to be collected in the manner
provided in ORS 441.705 to 441.745. All penalties recovered shall be paid into
the State Treasury and credited to the General Fund.
     (2) In carrying out its duties under this
section, the Department of Human Services is not authorized to require any
changes in ventilation or barriers in any public place. However, nothing in
this subsection is intended to limit the authority of the department to impose
any requirements under any other provision of law.
     (3) In public places which the Department
of Human Services regularly inspects, the Department of Human Services shall
check for compliance with the provisions of ORS 433.835 to 433.875 and 433.990
(5). In other public places, the Department of Human Services shall respond in
writing or orally by telephone to complaints, notifying the proprietor or
person in charge of responsibilities of the proprietor or person in charge
under ORS 433.835 to 433.875 and 433.990 (5). If repeated complaints are
received, the Department of Human Services may take appropriate action to
insure compliance.
     (4) When a county has received delegation
of the duties and responsibilities under ORS 446.425 and 448.100, or contracted
with the Department of Human Services under ORS 190.110, the county shall be
responsible for enforcing the provisions of ORS 433.835 to 433.875 and 433.990
(5) that are applicable to those licensed facilities and shall have the same
authority as the Department of Human Services for such enforcement. [1981 c.384
§6; 1991 c.734 §21; 2001 c.104 §162; 2001 c.990 §6; 2003 c.309 §6; 2007 c.445 §36]
     Note: The amendments to 433.855 by section 5,
chapter 602, Oregon Laws 2007, take effect January 1, 2009. See section 13,
chapter 602, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the userÂ’s convenience.
     433.855. (1) The Department of Human Services, in
accordance with the provisions of ORS chapter 183:
     (a) Shall adopt rules necessary to
implement the provisions of ORS 433.835 to 433.875 and 433.990 (5);
     (b) Shall be responsible for compliance
with such rules; and
     (c) May impose a civil penalty not to
exceed the amount specified in ORS 433.990 (5) for each violation of a rule of
the department applicable to ORS 433.845 or 433.850, to be collected in the
manner provided in ORS 441.705 to 441.745. All penalties recovered shall be
paid into the State Treasury and credited to the Tobacco Use Reduction Account
established under ORS 431.832.
     (2) In carrying out its duties under this
section, the Department of Human Services is not authorized to require any
changes in ventilation or barriers in any public place or place of employment.
However, nothing in this subsection is intended to limit the authority of the
department to impose any requirements under any other provision of law.
     (3) In public places which the Department
of Human Services regularly inspects, the Department of Human Services shall
check for compliance with the provisions of ORS 433.835 to 433.875 and 433.990
(5). In other public places and places of employment, the Department of Human
Services shall respond in writing or orally by telephone to complaints,
notifying the proprietor or person in charge of responsibilities of the
proprietor or person in charge under ORS 433.835 to 433.875 and 433.990 (5). If
repeated complaints are received, the Department of Human Services may take
appropriate action to ensure compliance.
     (4) When a county has received delegation
of the duties and responsibilities under ORS 446.425 and 448.100, or contracted
with the Department of Human Services under ORS 190.110, the county shall be
responsible for enforcing the provisions of ORS 433.835 to 433.875 and 433.990
(5) that are applicable to those licensed facilities and shall have the same
authority as the Department of Human Services for such enforcement.
     433.860
Enforcement. The Department
of Human Services or local board of health may institute an action in the
circuit court of the county where the violation occurred to enjoin repeated
violations of ORS 433.850. [1981 c.384 §7]
     433.863
Limitation on prohibition of smoking by local government. (1) A local government may not prohibit
smoking in any areas listed in ORS 433.850 (2) unless the local government
prohibition was passed before July 1, 2001.
     (2) As used in this section, “local
government” means any county, district, municipality, port or political
subdivision of this state. [2001 c.990 §4]
     Note: 433.863 is repealed January 1, 2009. See
sections 12 and 13, chapter 602, Oregon Laws 2007.
     433.865
Waiver authorized. Upon
request, the Department of Human Services may waive the provisions of ORS
433.835 to 433.875 and 433.990 (5) for any public place if it determines that:
     (1) There are valid reasons to do so; and
     (2) A waiver will not significantly affect
the health and comfort of nonsmokers. [1981 c.384 §8; 2001 c.104 §163; 2007
c.445 §37]
     Note: 433.865 is repealed January 1, 2009. See
sections 12 and 13, chapter 602, Oregon Laws 2007.
     433.870
Regulation in addition to other smoking regulations. The regulations authorized by ORS 433.855,
433.860 and 433.865 are in addition to and not in lieu of any other law
regulating smoking. [1981 c.384 §11; 2001 c.104 §164; 2001 c.990 §5]
     Note: The amendments to 433.870 by section 6,
chapter 602, Oregon Laws 2007, take effect January 1, 2009. See section 13,
chapter 602, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the userÂ’s convenience.
     433.870. The rules authorized by ORS 433.855 and
433.860 are in addition to and not in lieu of any other law regulating smoking.
     433.875
Short title. ORS 433.835 to
433.875 and 433.990 (5) shall be cited as the Oregon Indoor Clean Air Act. [1981
c.384 §12; 2001 c.104 §165; 2007 c.445 §38]
PENALTIES
     433.990
Penalties. (1) Violation of
ORS 433.004 or 433.008, 433.255, 433.260 or 433.715 is a Class A misdemeanor.
     (2) Violation of ORS 433.010 is
punishable, upon conviction, by imprisonment in the custody of the Department
of Corrections for not more than three years.
     (3) Violation of ORS 433.035 is punishable
upon conviction by a fine of not less than $10 nor more than $100, or by
imprisonment for not less than 10 days nor more than 30 days, or by both.
     (4) Violation of ORS 433.131 is a Class D
violation punishable by fines totaling not more than $50 per day, not to exceed
$1,000 in any 30-day period.
     (5) Violation of ORS 433.850 is a Class D
violation punishable by fines totaling not more than $50 per day, not to exceed
$1,000 in any 30-day period.
     (6) Violation of ORS 433.345 or 433.365 is
a Class B violation. Failure to obey any lawful order of the Director of Human
Services issued under ORS 433.350 is a Class C misdemeanor.
     (7) Any organizer, as defined in ORS
433.735, violating ORS 433.745 is punishable, upon conviction, by a fine of not
more than $10,000. [Subsection (8) (1969 Replacement Part) enacted as 1957
c.422 §2; subsection (8) derived from 434.990; 1971 c.648 §23; subsection (9)
enacted as 1971 c.413 §6; subsection (10) enacted as 1971 c.597 §7; 1973 c.779 §46;
1979 c.492 §6; 1979 c.828 §13; subsection (5) enacted as 1981 c.384 §10; 1987
c.320 §232; 1987 c.600 §16; 1999 c.1051 §182; 2001 c.104 §166; 2001 c.636 §5;
2001 c.990 §7; 2007 c.445 §30]
     Note: The amendments to 433.990 by section 7,
chapter 602, Oregon Laws 2007, take effect January 1, 2009. See section 13,
chapter 602, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the userÂ’s convenience.
     433.990. (1) Violation of ORS 433.004 or 433.008,
433.255, 433.260 or 433.715 is a Class A misdemeanor.
     (2) Violation of ORS 433.010 is
punishable, upon conviction, by imprisonment in the custody of the Department
of Corrections for not more than three years.
     (3) Violation of ORS 433.035 is punishable
upon conviction by a fine of not less than $10 nor more than $100, or by
imprisonment for not less than 10 days nor more than 30 days, or by both.
     (4) Violation of ORS 433.131 is a Class D
violation punishable by fines totaling not more than $50 per day, not to exceed
$1,000 in any 30-day period.
     (5) Violation of ORS 433.850 is a Class A
violation punishable by a fine of not more than $500 per day. Fines imposed
against a single employer under this subsection may not exceed $2,000 in any
30-day period.
     (6) Violation of ORS 433.345 or 433.365 is
a Class B violation. Failure to obey any lawful order of the Director of Human
Services issued under ORS 433.350 is a Class C misdemeanor.
     (7) Any organizer, as defined in ORS
433.735, violating ORS 433.745 is punishable, upon conviction, by a fine of not
more than $10,000.
_______________
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