2007 Oregon Code - Chapter 431 :: TITLE 36
TITLE 36
PUBLIC HEALTH
AND SAFETY
Chapter 431. State and Local Administration and
Enforcement of Health Laws
432. Vital Statistics
433. Disease and Condition Control; Mass
Gatherings; Indoor Air
435. Birth Control; Termination of Pregnancy
436. Sterilization
437. Tuberculosis
438. Clinical and Environmental Laboratories
440. Health Districts;
441. Health Care Facilities
442. Health Planning
443. Home Health Agencies; Residential
Facilities; Hospice Programs
444. Special Medical Services for Children
445. Indigent Persons Injured in Motor Vehicle
Accidents
446. Manufactured Dwellings and Structures;
Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships
447. Plumbing; Architectural Barriers
448. Pool Facilities; Water and Sewage Systems
450. Sanitary Districts and Authorities; Water
Authorities
451.
452. Vector and Weed Control
453. Hazardous Substances; Radiation Sources
454. Sewage Treatment and Disposal Systems
455. Building Code
456. Housing
457. Urban Renewal
458. Housing and Community Services Programs;
Individual Development Accounts
459. Solid Waste Management
459A. Reuse and Recycling
460. Elevators; Amusement Rides and Devices
461.
462. Racing
463. Boxing, Mixed Martial Arts and
Entertainment Wrestling
464. Games
465. Hazardous Waste and Hazardous Materials I
466. Hazardous Waste and Hazardous Materials II
467. Noise Control
468. Environmental Quality Generally
468A. Air Quality
468B. Water Quality
469. Energy; Conservation Programs; Energy
Facilities
469A. Renewable Portfolio Standards
470. Small Scale Local Energy Projects
_______________
Chapter 431
State and Local Administration and Enforcement of Health Laws
2007 EDITION
PUBLIC HEALTH AND SAFETY
ADMINISTRATION OF HEALTH LAWS
STATE ADMINISTRATION
431.035 Authority
of Director of Human Services to delegate functions; Public Health Director;
appointment; duties
431.045 Public
Health Officer; appointment; qualifications; duties
ENFORCEMENT OF HEALTH LAWS AND RULES
431.110 General
powers of Department of Human Services
431.120 Duties
of Department of Human Services; rules
431.150 Enforcement
of health laws generally
431.155 Restraining
violation of public health laws
431.157 County
authority to restrain violation of public health laws
431.160 Commencement
of prosecutions
431.170 Enforcing
health laws and rules when local officers are delinquent
431.175 Warrant
procedure
431.180 Interference
with individuals selection of physician or treatment or with religious
practice prohibited
431.190 Advisory
board on health care professions; duties; purpose of board rules
431.195 Oregon
Public Health Advisory Board; members; terms; meetings; compensation; duties
FINANCIAL ADMINISTRATION; SURPLUS PROPERTY;
FEDERAL AID
431.210 Public
Health Account
431.220 Record
of moneys in Public Health Account
431.230 Emergency
or revolving fund
431.250 Federal
grants to be handled by Department of Human Services; disbursement; planning
EMERGENCY PLAN AND INCIDENT MANAGEMENT SYSTEM
431.260 Definitions
431.262 Authority
of Department of Human Services and local public health administrators to
enforce public health laws; authorized actions; rules; penalties
431.264 Authority
of Public Health Director to take public health actions; authorized actions;
rules
431.266 Rules
BONE MARROW DONOR PROGRAM
431.270 Department
duties
SPINAL CORD INJURY RESEARCH BOARD
431.290 Spinal
Cord Injury Research Board; members; terms; chairperson; meetings; rules
431.292 Duties
of board; grants
431.294 Spinal
Cord Injury Research Fund
STATE LABORATORY
431.310 Bacteriological
and other examinations and newborn screening by state laboratory; rules; fees
CONFERENCE OF LOCAL HEALTH OFFICIALS
431.330 Conference
of Local Health Officials; officers of conference
431.335 Meetings
of conference; notice; expenses of members and officers of conference
431.340 Recommendations
of conference
431.345 Minimum
standards for financial assistance to local boards of health
431.350 Department
to adopt rules for ORS 431.330 to 431.350
LOCAL PUBLIC HEALTH SERVICES
431.375 Policy
on local public health services; local public health authority; contracts for
provision of maternal and child public health services by tribal governing
council
431.380 Distribution
of funds for local purposes
431.385 Local
annual plan; effect of failure to submit plan; approval; disapproval; variance
LOCAL BOARDS OF HEALTH
431.405 Purpose
of ORS 431.405 to 431.510
431.410 Boards
of health for counties
431.412 County
board of health; formation; composition; advisory board
431.414 District
board of health; formation; composition; advisory board
431.415 Powers
and duties of local health boards; rules; fee schedules
431.416 Local
public health authority or health district; duties
431.418 Local
public health administrator; health officer; duties; salary
431.440 Public
health administrators have police powers
431.480 City
boards abolished; expenditure of funds obtained from school district
431.510 Quarters
and funds for local health boards
431.520 Disposal
of local health records
431.530 Authority
of local health administrator in emergency
431.550 Authority
of Department of Human Services to collect information from local public health
administrators
EMERGENCY MEDICAL SERVICES AND TRAUMA SYSTEMS
431.607 Department
of Human Services to develop comprehensive emergency medical services and
trauma system
431.609 Designation
of trauma areas; rules; trauma system hospitals
431.611 Department
to adopt rules; contents
431.613 Area
trauma advisory boards; duties; members
431.617 Liability
of provider
431.619 Continuous
duties of department
431.623 Program
created in Department of Human Services
431.627 Designation
of other trauma centers
431.633 Reporting
of certain patients; reimbursement for certain services
431.671 Emergency
Medical Services for Children Program; duties of Department of Human Services
AUTOMATED EXTERNAL DEFIBRILLATORS
431.680 Automated
external defibrillators required at health clubs; exceptions
HEALTH HAZARD ANNEXATIONS OR DISTRICT
FORMATION
431.705 Definitions
for ORS 431.705 to 431.760
431.710 When
department to initiate district formation or annexation
431.715 Resolution
requesting department to initiate formation or annexation
431.717 Compelling
adoption of resolution
431.720 Commission
to review certain plans; approval of plans
431.725 Department
to review resolution; notice of hearing
431.730 Conduct
of hearing
431.735 Directors
authority under ORS 431.705 to 431.760
431.740 Notice
to boundary commission; service facilities to conform to plans and schedules
431.745 Petition
for alternative plan
431.750 Commission
review of alternative plan; certification of alternative plan
431.756 Judicial
review
431.760 Certain
persons prohibited from participating in proceedings
RECOMBINANT DNA
431.805 Definitions
for ORS 431.805 and 431.810
431.810 Recombinant
DNA research to comply with federal guidelines
SPECIAL PROGRAMS
(Temporary provisions relating to strategic plan to slow rate of
diabetes are compiled as notes preceding ORS 431.825)
431.825 Fetal
alcohol syndrome pamphlets
431.827 Female
genital mutilation prevention and education activities
431.830 Acquired
immune deficiency syndrome services and programs
SMOKING CESSATION AND TOBACCO USE REDUCTION
431.831 Smoking
cessation program reimbursement; rules
431.832 Tobacco
Use Reduction Account established
431.834 Department
to adopt rules; contents
431.836 Department
to prepare report
REGULATION OF TOBACCO SALES
431.840 Free
distribution to minors prohibited; restriction on sales; notice
431.845 Civil
penalty for violation of ORS 431.840
431.850 Procedure
applicable to penalty
431.853 Random
inspections of sellers of tobacco products; site; frequency; rules
ALZHEIMERS DISEASE
431.855 Alzheimers
Disease Research Fund
431.860 Control
of fund
TOXIC HOUSEHOLD PRODUCTS
431.870 Definitions
for ORS 431.870 to 431.915
431.875 Legislative
findings
431.880 Aversive
agent required
431.885 Toxic
household products required to comply with aversive agent requirement;
exemptions
431.887 Limitation
on liability; application
431.890 Poison
Prevention Task Force; members; meetings; duties
431.895 Efficacy
and toxicity data available to task force; use; confidentiality of data
431.900 Reports
to legislature
431.905 Enforcement
by civil action; injunction; damages; attorney fees
431.910 Prohibited
conduct
431.915 Civil
penalty for violation of ORS 431.870 to 431.915
LEAD POISONING PREVENTION
431.920 Training
provider accreditation; lead poisoning prevention programs; fees
REGULATION OF TANNING FACILITIES
431.925 Definitions
for ORS 431.925 to 431.955
431.930 Purpose
of ORS 431.925 to 431.955
431.935 Tanning
device to comply with federal requirements; exception for certain phototherapy
devices
431.940 Standards
and regulation of tanning devices; rules; fee; inspection
431.945 Written
warning statement and sign; content; rules
431.950 Civil
penalty for violation of ORS 431.925 to 431.955
431.955 Disposition
of receipts
PENALTIES
431.990 Penalties
431.005 [1973 c.358 §1; repealed by 1977 c.751 §39]
431.010 [Amended by 1967 c.461 §1; 1969 c.695 §7;
1971 c.650 §5; repealed by 1973 c.358 §15]
431.015 [1973 c.358 §2; repealed by 1977 c.751 §39]
431.019 [1973 c.358 §2a; repealed by 1977 c.751 §39]
431.020 [Amended by 1967 c.461 §2; 1971 c.650 §6;
repealed by 1973 c.358 §15]
431.023 [1973 c.358 §4; repealed by 1977 c.751 §39]
431.025 [1971 c.650 §11; repealed by 1973 c.358 §15]
431.030 [Repealed by 1971 c.650 §51]
STATE
ADMINISTRATION
431.035
Authority of Director of Human Services to delegate functions; Public Health
Director; appointment; duties.
(1) The Director of Human Services may delegate to any of the officers and
employees of the Department of Human Services the exercise or discharge in the
directors name of any power, duty or function of whatever character vested in
or imposed upon the director by the laws of
(2) The official act of any such person so
acting in the directors name and by the authority of the director shall be
deemed to be an official act of the director.
(3)(a) The Director of Human Services
shall appoint a Public Health Director to perform the duties and exercise
authority over public health emergency matters in the state and other duties as
assigned by the Director of Human Services. The Director of Human Services may
appoint the same person to serve as both the Public Health Director and the
Public Health Officer appointed under ORS 431.045.
(b) The Public Health Director shall be an
assistant director appointed by the Director of Human Services in accordance
with ORS 409.130.
(c) The Public Health Director shall
delegate to an employee of the department the duties, powers and functions
granted to the Public Health Director by ORS 431.264 and 433.443 in the event
of the absence from the state or the unavailability of the director. The
delegation must be in writing. [1973 c.829 §2; 2007 c.445 §1]
431.040 [Amended by 1969 c.314 §39; 1971 c.650 §7;
repealed by 1973 c.358 §15]
431.045
Public Health Officer; appointment; qualifications; duties. The Director of Human Services shall appoint
a physician licensed by the Oregon Medical Board and certified by the American
Board of Preventive Medicine who shall serve as the Public Health Officer and
be responsible for the medical and paramedical aspects of the health programs
within the Department of Human Services. [1971 c.650 §2; 1973 c.358 §5; 1977
c.267 §18; 1987 c.618 §1; 2001 c.900 §143; 2007 c.71 §119]
431.050 [Amended by 1967 c.461 §3; repealed by 1971
c.650 §51]
431.053 [1973 c.358 §3; repealed by 1977 c.751 §39]
431.055 [1967 c.363 §2; repealed by 1971 c.650 §51]
431.060 [Repealed by 1971 c.650 §51]
431.065 [1971 c.37 §2; 1977 c.582 §7; repealed by
2001 c.900 §261]
431.070 [1961 c.723 §1; 1969 c.314 §40; repealed by
1971 c.650 §51]
ENFORCEMENT
OF HEALTH LAWS AND RULES
431.110
General powers of Department of Human Services. Subject to ORS 417.300 and 417.305, the
Department of Human Services shall:
(1) Have direct supervision of all matters
relating to the preservation of life and health of the people of the state.
(2) Keep the vital statistics and other
health related statistics of the state.
(3) Make sanitary surveys and
investigations and inquiries respecting the causes and prevention of diseases,
especially of epidemics.
(4) Investigate, conduct hearings and
issue findings in connection with annexations proposed by cities as provided in
ORS 222.840 to 222.915.
(5) Have full power in the control of all
communicable diseases.
(6) Have authority to send a
representative of the department to any part of the state when deemed
necessary.
(7) From time to time, publish and
distribute to the public in such form as the department determines, such
information as in its judgment may be useful in carrying on the work or
purposes for which the department was established.
(8) Carry out the duties imposed on the
department under ORS chapter 690. [Amended by 1955 c.105 §1; 1967 c.624 §18;
1971 c.650 §9; 1977 c.582 §8; 1987 c.414 §83; 1989 c.834 §18; 1991 c.122 §11;
2001 c.900 §254]
431.120
Duties of Department of Human Services; rules. The Department of Human Services shall:
(1) Enforce state health policies and
rules.
(2) Have the custody of all books, papers,
documents and other property belonging to the State Health Commission, which
may be deposited in the departments office.
(3) Give any instructions that may be
necessary, and forward them to the various local public health administrators
throughout the state.
(4) Routinely conduct epidemiological
investigations for each case of sudden infant death syndrome including, but not
limited to, the identification of risk factors such as birth weight, maternal
age, prenatal care, history of apnea and socioeconomic characteristics. The
department may conduct the investigations through local health departments only
upon adoption by rule of a uniform epidemiological data collection method.
(5) Adopt rules related to loans and
grants awarded under ORS 285B.560 to 285B.599 or 541.700 to 541.855 for the
improvement of drinking water systems for the purpose of maintaining compliance
with applicable state and federal drinking water quality standards. In adopting
rules under this subsection, the Department of Human Services shall coordinate
the departments rulemaking process with the Water Resources Department and the
Economic and Community Development Department in order to ensure that rules
adopted under this subsection are consistent with rules adopted under ORS
285B.563 and 541.845.
(6) Control health care capital
expenditures by administering the state certificate of need program pursuant to
ORS 442.325 to 442.344. [Amended by 1971 c.650 §10; 1977 c.582 §9; 1981 c.385 §1;
1991 c.944 §4; 1993 c.18 §107; 1993 c.754 §8; 2005 c.835 §24]
431.130 [Amended by 1959 c.629 §5; 1959 c.684 §2;
1961 c.725 §10; 1963 c.32 §1; 1965 c.362 §3; 1969 c.14 §2; 1969 c.641 §16; 1971
c.195 §1; 1971 c.413 §13; 1971 c.763 §13; 1973 c.408 §33; 1973 c.833 §41; 1973
c.835 §233; repealed by 1977 c.582 §61]
431.140 [Amended by 1959 c.314 §21; 1973 c.833 §42;
1977 c.582 §10; 2001 c.900 §144; repealed by 2007 c.445 §42]
431.150
Enforcement of health laws generally. (1) The local public health administrators are charged with the strict
and thorough enforcement of the public health laws of this state in their
districts, under the supervision and direction of the Department of Human
Services. They shall make an immediate report to the department of any
violation of such laws coming to their notice by observation, or upon the
complaint of any person, or otherwise.
(2) The department is charged with the
thorough and efficient execution of the public health laws of this state in
every part of the state, and with supervisory powers over all local public
health administrators, to the end that all the requirements are complied with.
(3) The department may investigate cases
of irregularity or violation of law. All local public health administrators
shall aid the department, upon request, in such investigation.
(4) When any case of violation of the
public health laws of this state is reported to any district attorney or
official acting in said capacity, such official shall forthwith initiate and
promptly follow up the necessary proceedings against the parties responsible
for the alleged violations of law.
(5) Upon request of the department, the
Attorney General shall likewise assist in the enforcement of the public health
laws of this state. [Amended by 1959 c.314 §22; 1971 c.650 §12; 1973 c.833 §43;
1973 c.835 §165; 1974 c.36 §12; 1977 c.582 §11]
431.155
Restraining violation of public health laws. (1) Whenever it appears to the Department of Human Services that any
person is engaged or about to engage in any acts or practices that constitute a
violation of any statute relating to public health administered by the
department, or any rule or order issued thereunder, the department may
institute proceedings in the circuit courts to enforce obedience thereto by
injunction, or by other processes, mandatory or otherwise, restraining such
person, or its officers, agents, employees and representatives from further
violation of such statute, rule or order, and enjoining upon them obedience
thereto.
(2) The provisions of this section are in
addition to and not in substitution of any other enforcement provisions
contained in any statute administered by the department. [1967 c.94 §2; 1971
c.650 §13; 1977 c.582 §12; 2001 c.900 §145]
431.157
County authority to restrain violation of public health laws. Pursuant to ORS 448.100 (1) and 446.425 (1),
the county is delegated the authority granted to the Director of Human Services
in ORS 431.155. [1983 c.370 §4; 2003 c.309 §5]
Note: 431.157 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 431 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
431.160
Commencement of prosecutions.
The district attorney, county attorney or Attorney General may institute
prosecutions for violation of any public health statute by information, by
indictment or by complaint verified before any magistrate. [Amended by 1959
c.314 §23; 1973 c.833 §44; 1977 c.582 §13; 1995 c.658 §104]
431.170
Enforcing health laws and rules when local officers are delinquent. (1) The Director of Human Services shall
take direct charge of the functions that are necessary to preserve the public
health in any county or district whenever any county or district official fails
or refuses to administer or enforce the public health laws or rules that the
director or board is charged to enforce.
(2) The director may call to the aid of
the director such assistance as is necessary for the enforcement of such
statutes and rules, the expense of which shall be borne by the county or
district making the use of this procedure necessary, to be paid out of the
respective county or district treasury upon vouchers properly certified by the director.
[Amended by 1959 c.314 §24; 1973 c.833 §45; 1977 c.582 §14; 2001 c.900 §146]
431.175
Warrant procedure. If
necessary, the Director of Human Services or a designee thereof, the State Fire
Marshal or a designee thereof or an officer of a law enforcement agency may
appear before any magistrate empowered to issue warrants in criminal cases, and
require such magistrate to issue a warrant, directing it to any sheriff or
deputy or any constable or police officer, to enter the described property or
to remove any person or obstacle, or to defend any threatened violence to the
director or a designee thereof, the State Fire Marshal or a designee thereof or
an officer, upon entering private property, or to assist the director in any
way. [Formerly 433.025; 1991 c.67 §112]
431.180
Interference with individuals selection of physician or treatment or with religious
practice prohibited. Nothing
in the public health laws shall be construed to empower or authorize the
Department of Human Services or its representatives, or any county or district
board of health or its representatives to interfere in any manner with the
individuals right to select the physician or mode of treatment of the choice
of the individual, nor interfere with the practice of any person whose religion
treats or administers to people who are sick or suffering by purely spiritual
means. However, sanitary laws and rules must be complied with. [Amended by 1977
c.582 §15; 2007 c.70 §238]
431.190
Advisory board on health care professions; duties; purpose of board rules. The Director of Human Services shall
appoint, not later than 60 days after October 4, 1977, an advisory board to
study the practices and procedures of the health care professions in this state
and to recommend rules relating to the auditing of health care practices in
hospitals which will:
(1) Promote standard record keeping by
hospitals and persons practicing any of the healing arts in hospitals;
(2) Establish those criteria most
appropriate for determining the proper objects of such auditing; and
(3) Insure auditing of those practices and
procedures most relevant to the causes and occurrence of professional
negligence in hospitals. [1977 c.448 §8; 1993 c.742 §96]
431.195
(2) The members of the board shall be
residents of this state and shall be appointed by the Governor. The board shall
consist of 15 members at least one-half of whom shall be public members broadly
representing the state as a whole and the others to include representatives of
local government and public and private health providers.
(3) The Oregon Public Health Advisory
Board shall:
(a) Advise the director on policy matters
related to the operation of the Department of Human Services.
(b) Provide a review of statewide public
health issues and make recommendations to the director.
(c) Participate in public health policy
development.
(4) Members shall be appointed for
four-year terms. No person shall serve more than two consecutive terms.
(5) The board shall meet at least
quarterly.
(6) Members of the board shall be entitled
to compensation and expenses as provided in ORS 292.495.
(7) Vacancies on the board shall be filled
by appointments of the Governor for the unexpired term. [1983 c.653 §1; 2001
c.900 §147; 2003 c.784 §10; 2005 c.771 §3]
Note: 431.195 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 431 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
FINANCIAL
ADMINISTRATION; SURPLUS PROPERTY; FEDERAL AID
431.210
Public Health Account. (1)
There is established in the General Fund the Public Health Account, classified
separately as to federal and other moneys.
(2) All fines, fees, penalties, federal
apportionments or contributions and other moneys received by the Department of
Human Services relating to public health shall be turned over to the State
Treasurer not later than the 10th day of the calendar month next succeeding
their receipt by the department and shall be credited to the Public Health
Account.
(3) All moneys credited to the Public
Health Account are continuously appropriated to the department for the payment
of expenses of the department. [Amended by 1971 c.650 §14; 1973 c.427 §5; 1977
c.582 §16; 2001 c.900 §148; 2005 c.755 §36]
431.220
Record of moneys in Public Health Account. The Department of Human Services shall keep a record of all moneys
deposited in the Public Health Account. This record shall indicate by separate
cumulative accounts the source from which the moneys are derived and the
individual activity or program against which each withdrawal is charged. [Amended
by 1973 c.427 §6; 1977 c.582 §17; 2007 c.71 §120]
431.230
Emergency or revolving fund.
(1) The Director of Human Services may request the Oregon Department of
Administrative Services to, and when so requested, the Oregon Department of
Administrative Services shall, draw a payment on the Public Health Account in
favor of the Director of Human Services in a sum not exceeding $25,000, which
sum shall be used by the director as an emergency or revolving fund.
(2) The emergency or revolving fund shall
be deposited with the State Treasurer, and shall be at the disposal of the
Director of Human Services. It may be used to pay advances for salaries, travel
expenses or any other proper claim against, or expense of, the Department of
Human Services or the health-related licensing boards for whom the department
provides accounting services.
(3) Claims for reimbursement of advances
paid from the emergency or revolving fund shall be submitted to the department
for approval. When such claims are so approved, payments covering them shall be
drawn in favor of the Director of Human Services and charged against the
appropriate fund or account, and shall be used to reimburse the emergency or
revolving fund.
(4) The department may establish petty
cash funds within the emergency or revolving fund by drawing checks upon the
emergency or revolving fund payable to the custodians of the petty cash funds. [Amended
by 1973 c.427 §7; 1975 c.614 §16; 1999 c.829 §6; 2003 c.14 §241]
431.240 [Repealed by 1955 c.147 §1]
431.250
Federal grants to be handled by Department of Human Services; disbursement;
planning. (1) The Department
of Human Services hereby is designated as the state agency to apply to and
receive from the federal government or any agency thereof such grants for
promoting public health and the prevention of disease, including grants for
cancer control and industrial hygiene programs, as may be available to this
state or any of its political subdivisions or agencies.
(2) For the purposes of subsection (1) of
this section, the department shall:
(a) Disburse or supervise the disbursement
of all funds made available at any time by the federal government or this state
for those purposes.
(b) Adopt, carry out and administer plans
for those purposes. Plans so adopted shall be made statewide in application
insofar as reasonably feasible, possible or permissible, and shall be so
devised as to meet the approval of the federal government or any of its
agencies, not inconsistent with the laws of the state. [Amended by 1961 c.706 §20a;
1967 c.343 §1; 1971 c.650 §15; 1973 c.829 §20; 1977 c.751 §34; subsections (3),
(4) renumbered 442.110; 2001 c.900 §149]
EMERGENCY
PLAN AND INCIDENT MANAGEMENT SYSTEM
431.260
Definitions. As used in ORS
431.035 to 431.530:
(1) Childrens facility has the meaning
given that term in ORS 433.235.
(2) Communicable disease means a disease
or condition, the infectious agent of which may be transmitted by any means
from one person or from an animal to another person, that may result in
illness, death or severe disability.
(3) Condition of public health importance
means a disease, syndrome, symptom, injury or other threat to public health
that is identifiable on an individual or community level.
(4) Disease outbreak means a significant
or notable increase in the number of cases of a disease or other condition of
public health importance.
(5) Epidemic means the occurrence in a
community or region of a group of similar conditions of public health
importance that are in excess of normal expectancy and derived from a common or
propagated source.
(6) Local public health administrator
means the public health administrator of a county or health district appointed
under ORS 431.418 or the authorized representative of that public health
administrator.
(7) Local public health authority means
a county government, or a health district created under ORS 431.414 or a person
or agency a county or health district has contracted with to act as the local public
health authority.
(8) Public health law means any statute,
rule or local ordinance that has the purpose of promoting or protecting the
public health and that establishes the authority of the Department of Human
Services, the Public Health Director, the Public Health Officer, a local public
health authority or local public health administrator to enforce the statute,
rule or local ordinance.
(9) Public health measure means a test,
medical examination, treatment, isolation, quarantine or other measure imposed
on an individual or group of individuals in order to prevent the spread of or
exposure to a communicable disease, toxic substance or transmissible agent.
(10) 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.
(11) School has the meaning given that
term in ORS 433.235.
(12) Specimen means blood, sputum,
urine, stool or other bodily fluids and wastes, tissues, and cultures necessary
to perform required tests.
(13) Test means any diagnostic or
investigative analyses or medical procedures that determine the presence or
absence of, or exposure to, a condition of potential public health importance,
or its precursor in an individual.
(14) Toxic substance means a substance
that may cause illness, disability or death to persons who are exposed to it. [2007
c.445 §3]
431.262
Authority of Department of Human Services and local public health
administrators to enforce public health laws; authorized actions; rules;
penalties. (1) The
Department of Human Services and local public health administrators shall have
the power to enforce public health laws. The enforcement powers authorized by
this section include, but are not limited to, the authority to:
(a) Investigate possible violations of
public health laws;
(b) Issue subpoenas requiring testimony or
the production of physical or other evidence;
(c) Issue administrative orders to enforce
compliance with public health laws;
(d) Issue a notice of violation of a
public health law and impose a civil penalty as established by rule not to
exceed $500 a day per violation;
(e) Enter private property at any
reasonable time with consent of the owner or custodian of the property to
inspect, investigate, evaluate or conduct tests, or take specimens or samples
for testing, as may be reasonably necessary to determine compliance with any
public health law;
(f) Enter a public place to inspect,
investigate, evaluate, conduct tests, or take specimens or samples for testing
as may be reasonably necessary to determine compliance with the provisions of
any public health law;
(g) Seek an administrative warrant from an
appropriate court authorizing the inspection, investigation, evaluation or
testing, or taking of specimens or samples for testing, if denied entry to
property;
(h) Restrict access to contaminated
property;
(i) Require removal or abatement of a
toxic substance on any property and prescribe the proper measures for the
removal or abatement;
(j) Maintain a civil action to enforce
compliance with public health laws, including a petition to a court for an
order imposing a public health measure appropriate to the public health threat
presented;
(k) Refer any possible criminal violations
of public health laws to a district attorney or other appropriate law
enforcement official; and
(L) Request the Attorney General to assist
in the enforcement of the public health laws.
(2) Any administrative actions undertaken
by the state under this section shall comply with the provisions of ORS chapter
183.
(3) State and local law enforcement
officials, to the extent resources are available, must assist the Department of
Human Services and local public health administrators in ensuring compliance
with administrative or judicial orders issued pursuant to this section.
(4) Nothing in this section shall be
construed to limit any other enforcement authority granted by law to a local
public health authority or to the state. [2007 c.445 §4]
431.264
Authority of Public Health Director to take public health actions; authorized
actions; rules. (1) Unless
the Governor has declared a public health emergency under ORS 433.441, the
Public Health Director may, upon approval of the Governor or the designee of
the Governor, take the public health actions described in subsection (2) of
this section if the Public Health Director determines that:
(a)(A) A communicable disease, reportable
disease, disease outbreak, epidemic or other condition of public health
importance has affected more than one county;
(B) There is an immediate need for a
consistent response from the state in order to adequately protect the public
health;
(C) The resources of the local public
health authority or authorities are likely to be quickly overwhelmed or unable
to effectively manage the required response; and
(D) There is a significant risk to the
public health; or
(b) A communicable disease, reportable
disease, disease outbreak, epidemic or other condition of public health
importance is reported in
(2) The Public Health Director, after
making the determinations required under subsection (1) of this section, may
take the following public health actions:
(a) Coordinate the public health response
across jurisdictions.
(b) Prescribe measures for the:
(A) Identification, assessment and control
of the communicable disease or reportable disease, disease outbreak, epidemic
or other condition of public health importance; and
(B) Allocation and distribution of
antitoxins, serums, vaccines, immunizing agents, antibiotics, antidotes and
other pharmaceutical agents, medical supplies or personal protective equipment.
(c) After consultation with appropriate
medical experts, create and require the use of diagnostic and treatment
guidelines and provide notice of those guidelines to health care providers,
institutions and facilities.
(d) Require a person to obtain treatment
and use appropriate prophylactic measures to prevent the introduction or spread
of a communicable disease or reportable disease, unless:
(A) The person has a medical diagnosis for
which a vaccination is contraindicated; or
(B) The person has a religious or
conscientious objection to the required treatments or prophylactic measures.
(e) Notwithstanding ORS 332.075, direct a
district school board to close a childrens facility or school under the
jurisdiction of the board. The authority granted to the Public Health Director
under this paragraph supersedes the authority granted to the district school
board under ORS 332.075 to the extent the authority granted to the board is
inconsistent with the authority granted to the director.
(f) Issue guidelines for private
businesses regarding appropriate work restrictions.
(g) Organize public information activities
regarding the public health response to circumstances described in subsection
(1) of this section.
(h) Adopt reporting requirements for, and
provide notice of those reporting requirements to, health care providers,
institutions and facilities for the purpose of obtaining information directly
related to the public health threat presented.
(i) Take control of antitoxins, serums,
vaccines, immunizing agents, antibiotics, antidotes and other pharmaceutical
agents, medical supplies or personal protective equipment.
(3) The authority granted to the Public
Health Director under this section is not intended to override the general
authority provided to a local public health authority except as already
permitted by law, or under the circumstances described in subsection (1) of
this section.
(4) If the Department of Human Services
adopts temporary rules to implement subsection (2) of this section, the rules
adopted are not subject to the provisions of ORS 183.335 (6)(a). The department
may amend the temporary rules adopted under this subsection as often as is
necessary to respond to the public health threat.
(5) If it is necessary for the department
to purchase antitoxins, serums, vaccines, immunizing agents, antibiotics,
antidotes or other pharmaceutical agents, medical supplies or personal
protective equipment, the purchases are not subject to the provisions of ORS
chapter 279A, 279B or 279C.
(6) If property is taken under the
authority granted to the Public Health Director under subsection (2) of this
section, the owner of the property is entitled to reasonable compensation from
the state. [2007 c.445 §5]
431.266
Rules. The Public Health
Director, after consultation with local public health authorities and local
public health administrators, shall adopt rules governing the development of
emergency plans and an incident management system. [2007 c.445 §5a]
Note: 431.266 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 431 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
BONE MARROW
DONOR PROGRAM
431.270
Department duties. (1) The
Department of Human Services shall educate residents of this state about:
(a) The need for bone marrow donors;
(b) The procedures required to become
registered as a potential bone marrow donor, including procedures for determining
a persons tissue type; and
(c) The medical procedures a donor must
undergo to donate bone marrow or other sources of blood stem cells.
(2) The Department of Human Services shall
make special efforts to educate and recruit citizens of
Note: 431.270 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 431 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
431.275 [1991 c.652 §5; repealed by 1999 c.59 §123]
431.280 [1991 c.652 §6; repealed by 1999 c.59 §123]
SPINAL CORD
INJURY RESEARCH BOARD
431.290
Spinal Cord Injury Research Board; members; terms; chairperson; meetings;
rules. (1) There is
established a Spinal Cord Injury Research Board consisting of 11 members
appointed by the Governor.
(2) The term of office of each member is
four years, but a member serves at the pleasure of the Governor. A member is
eligible for reappointment. If there is a vacancy for any cause, the Governor
shall make an appointment to become immediately effective for the unexpired
term.
(3) The appointment of a member to the
board is subject to confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
(4) The members of the Spinal Cord Injury
Research Board shall be citizens of this state who are well informed on the
issues relating to spinal cord injuries and related disabilities. Members may
include, but are not limited to:
(a) A minimum of five health professionals
with clinical practice experience in each of the practice fields of
neuroscience, neurology, neurosurgery, neuropharmacology and spinal cord
rehabilitative medicine;
(b) A representative of the Oregon
Disabilities Commission;
(c) A representative of a disabilities
advocacy organization or an individual who advocates on behalf of persons with
spinal cord injuries;
(d) A representative of the Department of
Human Services;
(e) Members of the Legislative Assembly;
and
(f) A person with a spinal cord injury.
(5) The board shall elect one of its
members as chairperson and another as vice chairperson, for such terms and with
such duties and powers necessary for the performance of the functions of such
offices as the board determines.
(6) The board shall meet at least once
every three months at a place, day and hour determined by the chairperson. The
board also shall meet at other times and places specified by the call of the
chairperson or of a majority of the members of the board.
(7) In accordance with applicable
provisions of ORS chapter 183, the board may adopt rules necessary for the
administration of the grant program and fund described in ORS 431.292 and
431.294. [1999 c.1044 §§1,3]
Note: 431.290 to 431.294 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
431 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
431.292
Duties of board; grants. (1)
The Spinal Cord Injury Research Board may solicit, receive and review
applications from public and private agencies, organizations and research
institutions for grants from the Spinal Cord Injury Research Fund created under
ORS 431.294, to conduct research programs that focus on the treatment and cure
of spinal cord injury.
(2) After review of a grant application,
the board shall grant approval of the application and disburse moneys from the
Spinal Cord Injury Research Fund if the application meets the criteria
established by the board and if money exists in the fund.
(3) The board may solicit contributions to
the fund from public and private sources.
(4) The board shall provide the Governor
and the Legislative Assembly with a biennial report no later than January 31 of
each odd-numbered year that summarizes the status of funds appropriated for
spinal cord injury research and the progress of the board in encouraging spinal
cord injury research. [1999 c.1044 §4]
Note: See note under 431.290.
431.294
Spinal Cord Injury Research Fund. (1) There is created within the State Treasury, separate and distinct
from the General Fund, the Spinal Cord Injury Research Fund administered by the
Spinal Cord Injury Research Board. Moneys in the fund are continuously
appropriated for the purpose of carrying out ORS 431.292.
(2) The Spinal Cord Injury Research Fund
shall consist of:
(a) Moneys appropriated to the fund by the
Legislative Assembly; and
(b) Moneys obtained from gifts or grants
by any public or private source received by the board under ORS 431.292 (3). [1999
c.1044 §5]
Note: See note under 431.290.
STATE
LABORATORY
431.310
Bacteriological and other examinations and newborn screening by state
laboratory; rules; fees. (1)
For the better protection of the public health the laboratory of the Department
of Human Services shall make bacteriological and other examinations of water,
milk, blood, secretions or tissues required by any state, county or city
institution, or officer, and may make such examinations for any licensed
physician in accordance with the rules of the department.
(2) The department shall establish by rule
and collect fees for tests performed in the state public health laboratory, not
to exceed:
(a) $50 per test for tests other than
newborn screening tests; and
(b) $30 per specimen for newborn screening
tests.
(3) All money received for such tests
shall be deposited in the Public Health Account to be used for expenses of the
state public health laboratory. [Amended by 1977 c.582 §18; 1981 c.630 §1; 1983
c.351 §1; 1993 c.374 §1; 2001 c.760 §1]
431.320 [Repealed by 1967 c.146 §1 (431.330,
431.335, 431.340, 431.345 and 431.350 enacted in lieu of 431.320)]
431.325 [1971 c.650 §17; 1977 c.582 §19; repealed by
1993 c.742 §95]
CONFERENCE OF
LOCAL HEALTH OFFICIALS
431.330
Conference of Local Health Officials; officers of conference. (1) The Conference of Local Health Officials
is created. The conference shall consist of all local health officers and
public health administrators, appointed pursuant to ORS 431.418 and such other
local health personnel as may be included by the rules of the conference.
(2) The Conference of Local Health
Officials shall select one of its members as chairperson, another as vice
chairperson and another as secretary with such powers and duties necessary to
the performance of the functions of such offices as the conference shall
determine. The chairperson, after consultation with the Director of Human
Services, shall appoint from the conference membership an executive committee.
The executive committee with the chairperson shall advise the director in the
administration of ORS 431.330 to 431.350. [1967 c.146 §2 (enacted in lieu of
431.320); 1977 c.582 §20; 1979 c.96 §1]
431.335
Meetings of conference; notice; expenses of members and officers of conference. (1) The Conference of Local Health Officials
shall meet at least annually at a place, day and hour determined by the
executive committee and the Director of Human Services. The conference may meet
specially at such other times as the director or the executive committee
considers necessary.
(2) The director shall cause at least 10
days notice of each meeting date to be given to the members. The chairperson
or an authorized representative of the chairperson shall preside at all
meetings of the conference.
(3) Each conference member shall receive from
the local board which the conference member represents from funds available
under ORS 431.510, the actual and necessary travel and other expenses incurred
by the conference member in attendance at no more than two meetings of the
conference per year. Additionally, subject to applicable law regulating travel
and other expenses for state officers, a local health official who is a member
of the executive committee of the conference or who is the chairperson shall
receive from funds available to the Department of Human Services, actual and
necessary travel and other expenses for attendance at no more than six meetings
per year of the executive committee called by the department. [1967 c.146 §3
(enacted in lieu of 431.320); 1977 c.582 §21]
431.340
Recommendations of conference.
The Conference of Local Health Officials may submit to the Department of Human
Services such recommendations on the rules and standards specified in ORS
431.345 and 431.350. [1967 c.146 §6 (enacted in lieu of 431.320); 1977 c.582 §22]
431.345
Minimum standards for financial assistance to local boards of health. In order to establish criteria for local
boards of health to qualify for such financial assistance as may be made
available, the Department of Human Services, upon receipt of written approval
from the Conference of Local Health Officials shall adopt minimum standards
governing:
(1) Education and experience for
professional and technical personnel employed in local health departments, such
standards to be consistent with any applicable merit system.
(2) Organization, operation and extent of
activities which are required or expected of local health departments to carry
out their responsibilities in implementing the public health laws of this state
and the rules of the Department of Human Services. [1967 c.146 §5 (enacted in
lieu of 431.320); 1977 c.582 §23]
431.350
Department to adopt rules for ORS 431.330 to 431.350. Upon receipt of written approval from the
Conference of Local Health Officials the Department of Human Services shall
adopt rules necessary for the administration of ORS 431.330 to 431.350. [1967
c.146 §4 (enacted in lieu of 431.320); 1977 c.582 §24]
LOCAL PUBLIC
HEALTH SERVICES
431.375
Policy on local public health services; local public health authority; contracts
for provision of maternal and child public health services by tribal governing
council. (1) The Legislative
Assembly of the State of
(2) County governments or health districts
established under ORS 431.414 are the local public health authority responsible
for management of local public health services unless the county contracts with
private persons or an agency to act as the local public health authority or the
county relinquishes authority to the state. If authority is relinquished, the
state may then contract with private persons or an agency or perform the
services.
(3) All expenditure of public funds
utilized to provide public health services on the local level must be approved
by the local public health authority unless the county has relinquished
authority to the state or an exception has been approved by the Department of
Human Services with the concurrence of the Conference of Local Health Officials.
(4) The Department of Human Services:
(a) Shall contract for the provision of
maternal and child public health services with any tribal governing council of
a federally recognized Indian tribe that requests to receive funding and to
deliver services under the federal Title V Maternal and Child Health Services
Block Grant Program.
(b) May contract directly with any tribal
governing council of a federally recognized Indian tribe for provision of
public health services and programs not required under paragraph (a) of this
subsection.
(5) Contracts authorized by subsection (4)
of this section must specify that:
(a) Payments will be made to the tribe on
a per capita or other equitable formula basis;
(b) The tribe must provide services that
are comparable to the services provided by a local public health authority; and
(c) The tribe must comply with any state
or federal requirements with which a local public health authority providing
the same services must comply. [1983 c.398 §1; 2005 c.493 §1]
Note: 431.375 to 431.385 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
431 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
431.380
Distribution of funds for local purposes. (1) From funds available to the Department of Human Services for local
public health purposes, regardless of the source, the department shall provide
payments to the local public health authority on a per capita or other
equitable formula basis to be used for public health services. Funding formulas
shall be determined by the department with the concurrence of the Conference of
Local Health Officials.
(2) With respect to counties that have
established joint public health services with another county, either by
agreement or the formation of a district board of health, distribution of funds
made available under the provisions of this section shall be prorated to such
counties as provided by agreement or under ORS 431.510. [1983 c.398 §2]
Note: See note under 431.375.
431.385
Local annual plan; effect of failure to submit plan; approval; disapproval;
variance. (1) The local
public health authority shall submit an annual plan to the Department of Human
Services for performing services pursuant to ORS 431.375 to 431.385 and
431.416. The annual plan shall be submitted no later than May 1 of each year or
on a date mutually agreeable to the department and the local public health
authority.
(2) If the local public health authority
decides not to submit an annual plan under the provisions of ORS 431.375 to
431.385 and 431.416, the department shall become the local public health
authority for that county or health district.
(3) The department shall review and
approve or disapprove each plan. Variances to the local public health plan must
be approved by the department. In consultation with the Conference of Local
Health Officials, the department shall establish the elements of a plan and an
appeals process whereby a local health authority may obtain a hearing if its
plan is disapproved.
(4) Each local commission on children and
families shall reference the local public health plan in the local coordinated
comprehensive plan created pursuant to ORS 417.775. [1983 c.398 §3; 2003 c.553 §6]
Note: See note under 431.375.
LOCAL BOARDS
OF HEALTH
431.405
Purpose of ORS 431.405 to 431.510. It is the purpose of ORS 431.405 to 431.510 to encourage improvement
and standardization of health departments in order to provide a more effective and
more efficient public health service throughout the state. [1961 c.610 §1]
431.410
Boards of health for counties.
The governing body of each county shall constitute a board of health ex officio
for each county of the state and may appoint a public health advisory board as
provided in ORS 431.412 (5) to advise the governing body on matters of public
health. [Amended by 1953 c.189 §3; 1961 c.610 §2; 1973 c.829 §20a]
431.412
County board of health; formation; composition; advisory board. (1) The governing body of any county shall
establish a county board of health, when authorized to do so by a majority of
electors of the county at any general or special election, and may, if such
authorization is made, establish a public health advisory board as provided in
subsection (5) of this section.
(2) The county board of health shall
consist of:
(a) One member of the county governing
body selected by the body.
(b) One member of a common school district
board having jurisdiction over the entire county or of the education service
district board who resides in the county and is selected by the education
service district board, or the designee of that member.
(c) One physician who has been licensed to
practice medicine in this state by the Oregon Medical Board.
(d) One dentist who has been licensed to
practice dentistry in this state by the Oregon Board of Dentistry.
(e) Three other members.
(3) The members referred to in subsection
(2)(c) to (e) of this section shall be appointed by the members serving under subsection
(2)(a) and (b) of this section. The term of office of each of such appointed
members shall be four years, terms to expire annually on February 1. The first
appointments shall be for terms of one, two, three or four years, as designated
by the appointing members of the board.
(4) Whenever a county board of health is
created under this section, such board shall be in lieu of the board provided
for in ORS 431.410.
(5) The governing body of the county may,
as provided in subsection (1) of this section, appoint a public health advisory
board for terms of four years, the terms to expire annually on February 1. The
first appointments shall be for terms of one, two, three or four years as
designated by the governing body. The advisory board shall meet regularly to
advise the county board of health on matters of public health. The advisory
board shall consist of:
(a) Persons licensed by this state as
health care practitioners.
(b) Persons who are well informed on
public health matters. [Formerly 431.470; 1963 c.544 §49; 1977 c.582 §25; 1981
c.127 §1; 1987 c.618 §2; 1991 c.167 §26; 2003 c.226 §22]
431.414
District board of health; formation; composition; advisory board. (1) Two or more contiguous counties may
combine for the purpose of forming a district health unit when the governing
body of each of the counties concerned adopt resolutions signifying their
intention to do so.
(2) The governing bodies of the counties
forming the district may meet together, elect a chairperson and transact
business as a district board of health whenever a majority of the members of
the governing bodies from each of the participating counties are present at any
meeting.
(3) In lieu of the procedure in subsection
(2) of this section, the governing bodies of the counties forming the district
may, by a two-thirds vote of the members from each participating county,
establish and, except as provided in paragraph (f) of this subsection, appoint
a district board of health which shall consist of:
(a) One member from each participating
county governing body selected by such body.
(b) One member from a school
administrative unit within the district.
(c) One member from the administrative
staff of a city within the district.
(d) Two physicians who have been licensed
to practice medicine in this state by the Oregon Medical Board and who are
residents of the district.
(e) One dentist who has been licensed to
practice dentistry in this state by the Oregon Board of Dentistry and who is a
resident of the district.
(f) One person who is a resident of the
district and who is to be appointed by the members serving under paragraphs (a)
to (c) of this subsection.
(4) The term of office of the members
referred to in subsection (3)(a) to (f) of this section shall be four years,
the terms to expire annually on February 1. The first appointments shall be for
terms of one, two, three or four years, as may be designated by two-thirds vote
of the members from each participating county.
(5) Whenever a district board of health is
created under this section, such board shall be in lieu of the board provided
for in ORS 431.410 or 431.412.
(6) The governing bodies of the counties
making up the district may appoint a public health advisory board for terms of
four years, the terms to expire annually on February 1. The first appointments
shall be for terms of one, two, three or four years as designated by the
governing body. The advisory board shall meet regularly to advise the district
board of health on matters of public health. The advisory board shall consist
of:
(a) Persons licensed by this state as
health care practitioners.
(b) Persons who are well informed on
public health matters. [Formerly 431.610; 1973 c.829 §21; 1977 c.582 §26; 1987
c.618 §3]
431.415
Powers and duties of local health boards; rules; fee schedules. (1) The district or county board of health
is the policymaking body of the county or district in implementing the duties
of local departments of health under ORS 431.416.
(2) The district or county board of health
shall adopt rules necessary to carry out its policies under subsection (1) of
this section. The county or district board of health shall adopt no rule or
policy which is inconsistent with or less strict than any public health law or
rule of the Department of Human Services.
(3) With the permission of the county
governing body, a county board may, and with the permission of the governing
bodies of the counties involved, a district board may, adopt schedules of fees
for public health services reasonably calculated not to exceed the cost of the
services performed. The health department shall charge fees in accordance with
such schedule or schedules adopted. [1961 c.610 §6; 1973 c.829 §22; 1977 c.582 §27]
431.416
Local public health authority or health district; duties. The local public health authority or health
district shall:
(1) Administer and enforce the rules of
the local public health authority or the health district and public health laws
and rules of the Department of Human Services.
(2) Assure activities necessary for the
preservation of health or prevention of disease in the area under its
jurisdiction as provided in the annual plan of the authority or district are
performed. These activities shall include but not be limited to:
(a) Epidemiology and control of preventable
diseases and disorders;
(b) Parent and child health services,
including family planning clinics as described in ORS 435.205;
(c) Collection and reporting of health
statistics;
(d) Health information and referral
services; and
(e) Environmental health services. [1961
c.610 §8; 1973 c.829 §23; 1977 c.582 §28; 1983 c.398 §4; 2001 c.900 §150]
431.418
Local public health administrator; health officer; duties; salary. (1) Each district board of health shall
appoint a qualified public health administrator to supervise the activities of
the district in accordance with law. Each county governing body in a county
that has created a county board of health under ORS 431.412 shall appoint a
qualified public health administrator to supervise the activities of the county
health department in accordance with law. In making such appointment, the
district or county board of health shall consider standards for selection of
administrators prescribed by the Department of Human Services.
(2) When the public health administrator
is a physician licensed by the Oregon Medical Board, the administrator shall
serve as health officer for the district or county board of health. When the
public health administrator is not a physician licensed by the Oregon Medical
Board, the administrator will employ or otherwise contract for services with a
health officer who shall be a licensed physician and who will perform those
specific medical responsibilities requiring the services of a physician and
shall be responsible to the public health administrator for the medical and
paramedical aspects of the health programs.
(3) The public health administrator shall:
(a) Serve as the executive secretary of
the district or county health board, act as the administrator of the district
or county health department and supervise the officers and employees appointed
under paragraph (b) of this subsection.
(b) Appoint with the approval of the
health board, administrators, medical officers, public health nurses,
environmental health specialists and such other employees as are necessary to
carry out the duties and responsibilities of the office.
(c) Provide the board at appropriate
intervals information concerning the activities of the county health department
and submit an annual budget for the approval of the county governing body
except that, in the case of the district public health administrator, the
budget shall be submitted to the governing bodies of the participating counties
for approval.
(d) Act as the agent of the Department of
Human Services in enforcing state public health laws and rules of the
Department of Human Services, including such sanitary inspection of hospitals
and related institutions as may be requested by the Department of Human
Services.
(e) Perform such other duties as may be
required by law.
(4) The public health administrator shall
serve until removed by the appointing board. The public health administrator
shall engage in no occupation which conflicts with official duties and shall
devote sufficient time to duties as public health administrator as may be
necessary to fulfill the requirements of subsection (3) of this section.
However, if the board of health is not created under ORS 431.412, it may, with
the approval of the Director of Human Services, require less than full-time
service of the public health administrator.
(5) The public health administrator shall
receive a salary fixed by the appointing board and shall be reimbursed for
actual and necessary expenses incurred in the performance of duties. [1961
c.610 §7; 1973 c.829 §24; 1977 c.582 §29; 1981 c.127 §2; 1993 c.26 §1; 2003
c.14 §242; 2003 c.547 §112]
431.420 [Amended by 1961 c.610 §9; 1973 c.829 §25;
1977 c.582 §30; repealed by 1981 c.127 §4]
431.430 [Amended by 1961 c.610 §10; 1973 c.829 §26;
repealed by 1981 c.127 §4]
431.440
Public health administrators have police powers. All district and county public health
administrators shall possess the powers of constables or other peace officers
in all matters pertaining to the public health. [Amended by 1961 c.610 §11;
1973 c.829 §27]
431.450 [Amended by 1961 c.610 §14; 1973 c.829 §28;
repealed by 1981 c.127 §4]
431.460 [Amended by 1961 c.610 §12; 1973 c.829 §29;
repealed by 1981 c.127 §4]
431.470 [Amended by 1961 c.610 §3; renumbered
431.412]
431.480
City boards abolished; expenditure of funds obtained from school district. (1) All city boards of health are abolished.
(2) Any school district may appropriate
money to be expended for public health measures in such school district by the
county or district board of health. [Amended by 1961 c.610 §5; 1973 c.829 §30]
431.490 [Repealed by 1961 c.610 §18]
431.500 [Amended by 1953 c.189 §3; repealed by 1961
c.610 §18]
431.510
Quarters and funds for local health boards. (1) The governing body of the county shall provide adequate quarters
and facilities for the office and health work of the county board of health and
shall appropriate sufficient funds for the administration of the board and the
operation of the health department.
(2) Where a district board is established
under ORS 431.414, the governing body of each participating county shall
appropriate annually a sum which shall be specifically designated for the
operation of the board of health and the district department of health. [Amended
by 1961 c.610 §13; 1973 c.829 §31]
431.520
Disposal of local health records. Public records, as defined in ORS 192.005, of district and county
departments of health and community mental health clinics may be destroyed or
otherwise disposed of in accordance with rules prescribed by the State
Archivist. However, no records shall be required to be maintained for more than
seven years from the date of the last entry for purposes of preserving evidence
for any action, suit or proceeding. [1969 c.446 §2; 1973 c.829 §32]
431.530
Authority of local health administrator in emergency. (1) The local public health administrator
may take any action which the Department of Human Services or its director
could have taken, if an emergency endangering the public health occurs within
the jurisdiction of any local public health administrator and:
(a) The circumstances of the emergency are
such that the department or its director cannot take action in time to meet the
emergency; and
(b) Delay in taking action to meet the
emergency will increase the hazard to public health.
(2) Any local public health administrator
who acts under subsection (1) of this section shall report the facts
constituting the emergency and any action taken under the authority granted by
subsection (1) of this section to the Director of Human Services by the fastest
possible means. [1973 c.829 §9; 1977 c.582 §31]
431.550
Authority of Department of Human Services to collect information from local public
health administrators.
Nothing in ORS 431.412, 431.418 and this section shall be construed to limit
the authority of the Department of Human Services to require facts and
statistics from local public health administrators under its general
supervisory power over all matters relating to the preservation of life and health
of the people of the state. [1981 c.127 §3]
431.605 [1971 c.650 §44; repealed by 1973 c.358 §15]
EMERGENCY
MEDICAL SERVICES AND TRAUMA SYSTEMS
431.607
Department of Human Services to develop comprehensive emergency medical services
and trauma system. In
cooperation with representatives of the emergency medical services professions,
the Department of Human Services shall develop a comprehensive emergency
medical services and trauma system. The department shall report progress on the
system to the Legislative Assembly. [1985 c.191 §1]
431.608 [1987 c.918 §9; repealed by 1997 c.546 §4]
431.609
Designation of trauma areas; rules; trauma system hospitals. (1) With the advice of the State Trauma
Advisory Board, the Department of Human Services shall:
(a) Develop and monitor a statewide trauma
system; and
(b) Designate within the state, trauma
areas consistent with local resources, geography and current patient referral
patterns.
(2) Each trauma area shall have:
(a) Central medical control for all field
care and transportation consistent with geographic and current communications
capability.
(b) The development of triage protocols.
(c) One or more hospitals categorized
according to trauma care capabilities using standards adopted by the department
by rule. Such rules shall be modeled after the
(d) The establishment of area trauma
advisory boards to develop trauma system plans for each trauma area.
(3) On and after July 1, 1986, the department
may designate trauma system hospitals in accordance with area trauma advisory
board plans which meet state objectives and standards.
(4) Trauma system plans shall be
implemented by June 30, 1987, in Health Systems Area I, and June 30, 1988, in
Health Systems Areas II and III. [1985 c.191 §2]
431.610 [Amended by 1961 c.610 §4; renumbered
431.414]
431.611
Department to adopt rules; contents. (1) Prior to approval and implementation of area trauma plans
submitted to the Department of Human Services by area trauma advisory boards,
the department shall adopt rules pursuant to ORS chapter 183 which specify
state trauma objectives and standards, hospital categorization criteria and
criteria and procedures to be utilized in designating trauma system hospitals.
(2) For approved area trauma plans
recommending designation of trauma system hospitals, the department rules shall
provide for:
(a) The transport of a member of a health
maintenance organization, or other managed health care system, as defined by rule,
to a hospital that contracts with the health maintenance organization when
central medical control determines that the condition of the member permits
such transport; and
(b) The development and utilization of
protocols between designated trauma hospitals and health maintenance
organizations, or other managed health care systems, as defined by rule,
including notification of admission of a member to a designated trauma hospital
within 48 hours of admission, and coordinated discharge planning between a designated
trauma hospital and a hospital that contracts with a health maintenance
organization to facilitate transfer of the member when the medical condition of
the member permits. [1985 c.191 §4]
431.613
Area trauma advisory boards; duties; members. (1) Area trauma advisory boards shall meet as often as necessary to
identify specific trauma area needs and problems and propose to the Department
of Human Services area trauma system plans and changes that meet state
standards and objectives. The department acting with the advice of the State
Trauma Advisory Board will have the authority to implement these plans.
(2) In concurrence with the Governor, the
department shall select members for each area from lists submitted by local
associations of emergency medical technicians, emergency nurses, emergency
physicians, surgeons, hospital administrators, emergency medical services
agencies and citizens at large. Members shall be broadly representative of the
trauma area as a whole and shall consist of at least 15 members per area trauma
advisory board, including:
(a) Three surgeons;
(b) Two physicians serving as emergency
physicians;
(c) Two hospital administrators from
different hospitals;
(d) Two nurses serving as emergency
nurses;
(e) Two emergency medical technicians
serving different emergency medical services;
(f) Two representatives of the public at
large selected from among those submitting letters of application in response
to public notice by the department. Public members shall not have an economic
interest in any decision of the health care service areas;
(g) One representative of any bordering
state which is included within the patient referral area;
(h) One anesthesiologist; and
(i) One ambulance service owner or
operator or both. [1985 c.191 §6]
431.615 [1971 c.650 §45; repealed by 1973 c.358 §15]
431.617
Liability of provider. No
provider shall be held liable for acting in accordance with approved trauma
system plans. [1985 c.191 §7]
431.619
Continuous duties of department. The Department of Human Services shall continuously identify the
causes of trauma in
431.620 [Repealed by 1961 c.610 §18]
431.623
Program created in Department of Human Services. (1) The Emergency Medical Services and
Trauma Systems Program is created within the Department of Human Services for
the purpose of administering and regulating ambulances, training and certifying
emergency medical technicians, establishing and maintaining emergency medical
systems including trauma systems and obtaining appropriate data from the Oregon
Injury Registry as necessary for trauma reimbursement, system quality assurance
and assuring cost efficiency.
(2) For purposes of ORS 431.607 to 431.619
and ORS chapter 682, the duties vested in the department shall be performed by
the Emergency Medical Services and Trauma Systems Program.
(3) The program shall be administered by a
director.
(4) With moneys transferred to the program
by ORS 442.625, the program shall apply those moneys to:
(a) Developing state and regional
standards of care;
(b) Developing a statewide educational
curriculum to teach standards of care;
(c) Implementing quality improvement
programs;
(d) Creating a statewide data system for
prehospital care; and
(e) Providing ancillary services to
enhance
Note: 431.623 to 431.633 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
431 by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
431.625 [1971 c.650 §46; repealed by 1977 c.582 §61
and 1977 c.751 §17a]
431.627
Designation of other trauma centers. (1) In addition to and not in lieu of ORS 431.607 to 431.617, the
Department of Human Services shall designate trauma centers in areas that are
within the jurisdiction of trauma advisory boards other than in the area within
the jurisdiction of area trauma advisory board 1.
(2) The department shall enter into
contracts with designated trauma centers and monitor and assure quality of care
and appropriate costs for trauma patients meeting trauma system entry criteria.
(3) All findings and conclusions,
interviews, reports, studies, communications and statements procured by or
furnished to the department, the State Trauma Advisory Board or an area trauma
advisory board in connection with obtaining the data necessary to perform
patient care quality assurance functions shall be confidential pursuant to ORS
192.501 to 192.505.
(4)(a) All data received or compiled by
the State Trauma Advisory Board or any area trauma advisory board in
conjunction with department monitoring and assuring quality of trauma patient
care shall be confidential and privileged, nondiscoverable and inadmissible in
any proceeding. No person serving on or communicating information to the State
Trauma Advisory Board or an area trauma advisory board shall be examined as to
any such communications or to the findings or recommendations of such board. A
person serving on or communicating information to the State Trauma Advisory
Board or an area trauma advisory board shall not be subject to an action for
civil damages for actions taken or statements made in good faith. Nothing in
this section affects the admissibility in evidence of a partys medical records
not otherwise confidential or privileged dealing with the partys medical care.
The confidentiality provisions of ORS 41.675 and 41.685 shall also apply to the
monitoring and quality assurance activities of the State Trauma Advisory Board,
area trauma advisory boards and the department.
(b) As used in this section, data
includes but is not limited to written reports, notes, records and
recommendations.
(5) Final reports by the department, the
State Trauma Advisory Board and area trauma advisory boards shall be available
to the public.
(6) The department shall publish a
biennial report of the Emergency Medical Services and Trauma Systems Program
and trauma systems activities. [1991 c.784 §3]
Note: See note under 431.623.
431.630 [Repealed by 1961 c.610 §18]
431.633
Reporting of certain patients; reimbursement for certain services. (1) Designated trauma centers and providers,
physical rehabilitation centers, alcohol and drug rehabilitation centers and
ambulances shall develop a monthly log of all unsponsored, inadequately insured
trauma system patients determined by the hospital to have an injury severity
score greater than or equal to 13, and submit monthly to the Emergency Medical
Services and Trauma Systems Program the true costs and unpaid balance for the
care of these patients.
(2) No reimbursement for these patients
shall occur until:
(a) All information required by the Emergency
Medical Services and Trauma Systems Program rules is submitted to the Oregon
Injury Registry; and
(b) The Emergency Medical Services and
Trauma Systems Program confirms that the injury severity score, as defined by
the Department of Human Services by rule, is greater than or equal to 13.
(3) The Emergency Medical Services and
Trauma Systems Program shall cause providers to be reimbursed in the following
decreasing order of priority:
(a) Designated trauma centers and
providers;
(b) Physical rehabilitation centers;
(c) Alcohol and drug rehabilitation
centers; and
(d) Ambulances.
(4) Subject to the availability of funds,
the Emergency Medical Services and Trauma Systems Program shall cause the
designated trauma centers and providers to be paid first in full. Subsequent
providers shall be paid from the balance remaining according to priority.
(5) Any matching funds, available pursuant
to the federal Trauma Care Systems and Development Act of 1990 (H.R. 1602),
that are available for purposes of the Emergency Medical Services and Trauma
Systems Program may be used for related studies and projects and reimbursement
for uncompensated care. [1991 c.784 §4]
Note: See note under 431.623.
431.640 [Repealed by 1961 c.610 §18]
431.650 [Repealed by 1961 c.610 §18]
431.660 [Repealed by 1961 c.610 §18]
431.670 [Repealed by 1961 c.610 §18]
431.671
Emergency Medical Services for Children Program; duties of Department of Human
Services. (1) Subject to
available funding from gifts, grants or donations, the Emergency Medical
Services for Children Program is established in the Department of Human
Services. The Emergency Medical Services for Children Program shall operate in
cooperation with the Emergency Medical Services and Trauma Systems Program to
promote the delivery of emergency medical and trauma services to the children
of
(2) The Department of Human Services
shall:
(a) Employ or contract with professional,
technical, research and clerical staff as required to implement this section.
(b) Provide technical assistance to the
State Trauma Advisory Board on the integration of an emergency medical services
for children program into the statewide emergency medical services and trauma
system.
(c) Provide advice and technical
assistance to area trauma advisory boards on the integration of an emergency
medical services for children program into area trauma system plans.
(d) Establish an Emergency Medical
Services for Children Advisory Committee.
(e) Establish guidelines for:
(A) The approval of emergency and critical
care medical service facilities for pediatric care, and for the designation of
specialized regional pediatric critical care centers and pediatric trauma care
centers.
(B) Referring children to appropriate
emergency or critical care medical facilities.
(C) Necessary prehospital and other
pediatric emergency and critical care medical service equipment.
(D) Developing a coordinated system that
will allow children to receive appropriate initial stabilization and treatment
with timely provision of, or referral to, the appropriate level of care,
including critical care, trauma care or pediatric subspecialty care.
(E) Protocols for prehospital and hospital
facilities encompassing all levels of pediatric emergency services, pediatric
critical care and pediatric trauma care.
(F) Rehabilitation services for critically
ill or injured children.
(G) An interfacility transfer system for
critically ill or injured children.
(H) Initial and continuing professional
education programs for emergency medical services personnel, including training
in the emergency care of infants and children.
(I) A public education program concerning
the Emergency Medical Services for Children Program including information on
emergency access telephone numbers.
(J) The collection and analysis of
statewide pediatric emergency and critical care medical services data from
emergency and critical care medical service facilities for the purpose of
quality improvement by such facilities, subject to relevant confidentiality requirements.
(K) The establishment of cooperative
interstate relationships to facilitate the provision of appropriate care for
pediatric patients who must cross state borders to receive emergency and
critical care services.
(L) Coordination and cooperation between
the Emergency Medical Services for Children Program and other public and
private organizations interested or involved in emergency and critical care for
children. [2001 c.717 §1]
Note: 431.671 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 431 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
AUTOMATED
EXTERNAL DEFIBRILLATORS
431.680
Automated external defibrillators required at health clubs; exceptions. (1) As used in this section, health club
means an indoor facility:
(a) With the primary purpose of offering
exercise or athletic activities that patrons or members may participate in for
a fee; and
(b) That typically has at the facility on
a regular business day 100 or more persons who are employees, patrons or
members participating in the exercise or athletic activities offered at the
facility.
(2) The owner of a health club shall have
on the premises at all times at least one automated external defibrillator.
(3) Subsection (2) of this section does
not apply to:
(a) Any facility owned by an education
service district, public charter school or school district; or
(b) Any facility owned by a hotel as
defined in ORS 699.005. [2005 c.551 §6]
Note: 431.680 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 431 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
HEALTH HAZARD
ANNEXATIONS OR DISTRICT FORMATION
431.705
Definitions for ORS 431.705 to 431.760. As used in ORS 431.705 to 431.760, unless the context requires
otherwise:
(1) Affected territory means an area
that is the subject of a proceedings under ORS 431.705 to 431.760 where there
is a danger to public health or an alleged danger to public health.
(2) Boundary commission means a local
government boundary commission created under ORS 199.410 to 199.430, 199.435 to
199.464, 199.480 to 199.505 and 199.510.
(3) Commission means the Environmental
Quality Commission.
(4) Danger to public health means a
condition which is conducive to the propagation of communicable or contagious
disease-producing organisms and which presents a reasonably clear possibility
that the public generally is being exposed to disease-caused physical suffering
or illness, including a condition such as:
(a) Impure or inadequate domestic water.
(b) Inadequate installations for the
disposal or treatment of sewage, garbage or other contaminated or putrefying
waste.
(c) Inadequate improvements for drainage
of surface water and other fluid substances.
(5) Department means the Department of
Human Services.
(6) Director means the Director of Human
Services.
(7) District means any one of the
following:
(a) A metropolitan service district formed
under ORS chapter 268.
(b) A county service district formed under
ORS chapter 451.
(c) A sanitary district formed under ORS
450.005 to 450.245.
(d) A sanitary authority, water authority
or joint water and sanitary authority formed under ORS 450.600 to 450.989.
(e) A domestic water supply district
formed under ORS chapter 264.
(8) Requesting body means the county
court, or local or district board of health that makes a request under ORS 431.715.
(9) Service facilities means water or
sewer installations or works. [1973 c.361 §1; 1975 c.266 §1; 1981 c.452 §1;
1993 c.577 §20; 2001 c.900 §151]
431.710
When department to initiate district formation or annexation. (1) ORS 431.705 to 431.760 shall not apply
if the affected territory could be subject to an annexation proceeding under
ORS 222.840 to 222.915.
(2) If the Department of Human Services,
in accordance with ORS 431.705 to 431.760, finds that a danger to public health
exists within the affected territory and that such danger could be removed or
alleviated by the construction, maintenance and operation of service
facilities, the department shall initiate proceedings for the formation of or
annexation to a district to serve the affected territory. If the affected
territory is located within a district that has the authority to provide the
service facilities, the department shall order the district to provide service
facilities in the affected territory. [1973 c.361 §2; 1981 c.888 §3]
431.715
Resolution requesting department to initiate formation or annexation. (1) The county court or the local or
district board of health having jurisdiction over territory where it believes
conditions dangerous to the public health exist shall adopt a resolution
requesting the Department of Human Services to initiate proceedings for the
formation of a district or annexation of territory to, or delivery of
appropriate water or sewer services by, an existing district without vote or
consent in the affected territory. The resolution shall:
(a) Describe the boundaries of the
affected territory;
(b) Describe the conditions alleged to be
causing a danger to public health;
(c) Request the department to ascertain
whether conditions dangerous to public health exist in the affected territory
and whether such conditions could be removed or alleviated by the provision of
service facilities; and either
(d) Recommend a district that the affected
territory could be included in or annexed to for the purpose of providing the
requested service facilities; or
(e) Recommend that an existing district
provide service facilities in the affected territory.
(2) The requesting body shall cause a
certified copy of the resolution, together with the time schedule and
preliminary plans and specifications, prepared in accordance with subsection
(3) of this section, to be forwarded to the department.
(3) The requesting body shall cause a
study to be made and preliminary plans and specifications prepared for the
service facilities considered necessary to remove or alleviate the conditions
causing a danger to public health. The requesting body shall prepare a schedule
setting out the steps necessary to put the facilities into operation and the
time required for each step in implementation of the plans.
(4) If the preliminary plans involve
facilities that are subject to the jurisdiction of the Environmental Quality
Commission, a copy of the documents submitted to the department under
subsection (2) of this section shall be submitted to the commission for review,
in accordance with ORS 431.725, of those facilities that are subject to its
jurisdiction. No order or findings shall be adopted under ORS 431.735 or
431.756 until the plans of the requesting body for such facilities, if any,
have been approved by the commission. [1973 c.361 §3; 1981 c.888 §4]
431.717
Compelling adoption of resolution. (1) Any person who may be adversely affected by the failure of a
county court to adopt a resolution as required by ORS 431.715 (1) may seek to
compel the adoption of such resolution through a writ of mandamus under ORS
34.105 to 34.240.
(2) The prevailing party in a proceeding
under ORS 34.105 to 34.240 authorized by subsection (1) of this section is
entitled to reasonable attorney fees in addition to costs and necessary
disbursements. [1981 c.888 §6]
431.720
Commission to review certain plans; approval of plans. (1) Upon receipt of the documents submitted
under ORS 431.715 (4), the Environmental Quality Commission shall review them
to determine whether the conditions dangerous to public health within the
affected territory could be removed or alleviated by the provision of service
facilities that are subject to the jurisdiction of the commission.
(2) If the commission considers such
proposed facilities and the time schedule for installation of such facilities
adequate to remove or alleviate the dangerous conditions, it shall approve the
part of the plans that are subject to its jurisdiction and certify its approval
to the Department of Human Services.
(3) If the commission considers the
proposed facilities or time schedule inadequate, it shall disapprove the part
of the plans that are subject to its jurisdiction and certify its disapproval
to the department. The commission shall also inform the requesting body of its
approval or disapproval and, in case of disapproval, of the particular matters
causing the disapproval. The requesting body may then submit additional or
revised plans. [1973 c.361 §4]
431.725
Department to review resolution; notice of hearing. (1) Upon receipt of the certified copy of a
resolution adopted under ORS 431.715, the Department of Human Services shall
contact the requesting body within 30 days of receipt of the request and
schedule the review and investigation of conditions in the affected territory.
The department shall review and investigate conditions in the affected
territory in accordance with the agreed upon schedule unless both parties agree
to an extension. If it finds substantial evidence that a danger to public health
exists in the territory, it shall issue an order setting a time and place for a
hearing on the resolution. The hearing shall be held within the affected
territory, or at a place near the territory if there is no suitable place
within the territory at which to hold the hearing, not less than 30 or more
than 50 days after the date of the order.
(2) Upon issuance of an order for a
hearing, the department shall immediately give notice of the time and place of
the hearing on the resolution by publishing the order and resolution in a
newspaper of general circulation within the territory once each week for two
successive weeks and by posting copies of the order in four public places
within the territory prior to the hearing. [1973 c.361 §5; 1981 c.452 §2]
431.730
Conduct of hearing. (1) At
the hearing on the resolution, any interested person shall be given a
reasonable opportunity to be heard or to present written statements. The
hearing shall be for the sole purpose of determining whether a danger to public
health exists due to conditions in the affected territory and whether such
conditions could be removed or alleviated by the provision of service
facilities. Hearings under this section shall be conducted by an administrative
law judge assigned from the Office of Administrative Hearings established under
ORS 183.605. It shall be conducted in accordance with the provisions of ORS
chapter 183. The Department of Human Services shall publish a notice of the
issuance of said findings and recommendations in the newspaper utilized for the
notice of hearing under ORS 431.725 (2) advising of the opportunity for
presentation of a petition under subsection (2) of this section.
(2) Within 15 days after the publication
of notice of issuance of findings in accordance with subsection (1) of this
section, any person who may be affected by the findings, or the affected
district, may petition the Director of Human Services according to rules of the
department to present written or oral arguments relative to the proposal. If a
petition is received, the director may set a time and place for receipt of
argument. [1973 c.361 §6; 1975 c.266 §2; 1999 c.849 §§81,82; 2003 c.75 §35]
431.735
Directors authority under ORS 431.705 to 431.760. (1) If the Director of Human Services after
investigation finds that no danger to public health exists because of
conditions within the affected territory, or that such a danger does exist but
the conditions causing it could not be removed or alleviated by the provision
of service facilities, the director shall issue an order terminating the
proceedings under ORS 431.705 to 431.760 with reference to the affected
territory.
(2) If the director finds, after
investigation and the hearing required by ORS 431.725, that a danger to public
health exists because of conditions within the territory, and that such
conditions could be removed or alleviated by the provisions of service
facilities in accordance with the plans and specifications and the time
schedule proposed, the director shall enter findings in an order, directed to
the officers described by ORS 431.740, setting out the service facilities to be
provided.
(3) If the director determines that a
danger to public health exists because of conditions within only part of the
affected territory, or that such conditions could be removed or alleviated in
only part of the affected territory by the provision of service facilities, the
director may, subject to conditions stated in ORS 431.705 to 431.760, reduce
the boundaries of the affected territory to that part which presents a danger
or in which the conditions could be removed or alleviated if the area to be
excluded would not be surrounded by the territory remaining to be annexed and
would not be directly served by the sanitary, water or other facilities necessary
to remove or alleviate the danger to public health existing within the
territory remaining to be annexed. The findings shall describe the boundaries
of the area as reduced by the director.
(4) In determining whether to exclude any
area the director may consider whether or not such exclusion would unduly
interfere with the removal or alleviation of the danger to public health in the
area remaining to be annexed and whether the exclusion would result in an
illogical boundary for the provision of services.
(5) The requesting body or the boundary
commission shall, when requested, aid in the determinations made under
subsections (3) and (4) of this section and, if necessary, cause a study to be
made. [1973 c.361 §7; 1975 c.266 §3]
431.740
Notice to boundary commission; service facilities to conform to plans and
schedules. (1) If a boundary
commission has jurisdiction of the affected territory, the Director of Human
Services shall file the findings and order with such boundary commission. If
the affected territory is not within the jurisdiction of a boundary commission,
the director shall file the findings and order with the county court of the
county having jurisdiction of the territory.
(2) The Department of Human Services and
the Environmental Quality Commission shall use their applicable powers of
enforcement to insure that the service facilities are constructed or installed
in conformance with the approved plans and schedules. [1973 c.361 §8]
431.745
Petition for alternative plan.
(1) At any time after the adoption of a resolution under ORS 431.715, a
petition, signed by not less than 51 percent of the electors registered in the
affected territory, may be filed with the Department of Human Services. The
petition shall suggest an alternative plan to the proposed formation or
annexation for removal or alleviation of the conditions dangerous to public
health. The petition shall state the intent of the residents to seek annexation
to an existing city or special district authorized by law to provide service facilities
necessary to remove or alleviate the dangerous conditions. The petition shall
be accompanied by a proposed plan which shall state the type of facilities to
be constructed, a proposed means of financing the facilities and an estimate of
the time required to construct such facilities and place them in operation.
(2) Upon receipt of the petition, the
department shall immediately forward a copy of the petition to the
Environmental Quality Commission, if the plan accompanying the petition
involves facilities that are subject to the jurisdiction of the commission. The
department also shall forward a copy of the petition to the requesting body and
to the county court or boundary commission where the department filed its
findings under ORS 431.740 and direct the county court or boundary commission
to stay the proceedings pending the review permitted under this section and ORS
431.750. [1973 c.361 §9; 1983 c.83 §84]
431.750
Commission review of alternative plan; certification of alternative plan. (1) If the alternative plan submitted under
ORS 431.745 (1) involves service facilities that are subject to the
jurisdiction of the commission, the alternative plan shall be submitted to and
reviewed by the Environmental Quality Commission and shall be approved or
rejected by the commission within 30 days from the date of filing with the
Department of Human Services. In reviewing the alternative plan, the commission
shall consider whether, in its judgment, the plan contains a preferable
alternative for the alleviation or removal of the conditions dangerous to
public health. If the commission determines that the original plan provides the
better and most expeditious method of removing or alleviating the dangerous
conditions, it shall disapprove the alternative plan and inform the department
of its decision. The department shall order the proceedings on the finding
filed under ORS 431.740 to resume.
(2) If the commission finds that the
alternative plan provides a preferable method of alleviating or removing the
dangerous conditions, the petitioners shall be granted six months within which
to present to the commission information showing:
(a) That the affected territory has
annexed to a city or special district authorized by law to provide the service
facilities necessary to remove or alleviate the dangerous conditions, and that
the financing of the extension of such facilities to the territory has been
assured.
(b) Detailed plans and specifications for
the construction of such facilities.
(c) A time schedule for the construction
of such facilities.
(d) That such facilities, if constructed,
will remove or alleviate the conditions dangerous to public health in a manner
as satisfactory and expeditious as would be accomplished by the formation or
annexation proposed by the original plans.
(3) The commission shall review the plan
presented to it by the petitioners under subsection (2) of this section and
shall promptly certify to the department whether the requirements of subsection
(2) of this section have been met. If the requirements have been met, the
department shall certify the alternative plan to the county court or boundary
commission having jurisdiction and direct it to proceed in accordance with the
alternative plan and in lieu of the plans filed under ORS 431.740. If the
requirements of subsection (2) of this section are not met by the petitioners,
the department shall certify that fact to the county court or boundary
commission having jurisdiction and direct it to continue the proceedings on the
plans filed under ORS 431.740. [1973 c.361 §10]
431.755 [1973 c.361 §11; repealed by 1975 c.266 §4
(431.756 enacted in lieu of 431.755)]
431.756
Judicial review. Judicial
review of orders under ORS 431.705 to 431.760 shall be as provided in ORS
183.480, 183.485, 183.490 and 183.500. [1975 c.266 §5 (enacted in lieu of
431.755)]
431.760
Certain persons prohibited from participating in proceedings. (1) A person who owns property or resides
within affected territory that is subject to proceedings under the provisions
of ORS 431.705 to 431.760 shall not participate in an official capacity in any
investigation, hearing or recommendation relating to such proceedings. If the
Director of Human Services is such a person, the director shall so inform the
Governor, who shall appoint another person to fulfill the duties of the
director in any investigation, hearing or recommendation relating to the such
proceeding.
(2) Subsection (1) of this section does
not excuse a member of a county court from voting on the order required by ORS
198.792 (2) or 451.445 (1). [1973 c.361 §12]
RECOMBINANT
DNA
431.805
Definitions for ORS 431.805 and 431.810. As used in ORS 431.805 and 431.810:
(1) Person includes an individual,
partnership, association, corporation, private institution or governmental
entity.
(2) Recombinant DNA research means
research on molecules that consist of segments of deoxyribonucleic acid from
different organisms which are joined together in cell-free systems and which
have the capacity to infect and replicate in some host cell, either
autonomously or as an integrated part of the host genome. [1983 c.358 §1]
Note: 431.805 and 431.810 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
431 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
431.810
Recombinant DNA research to comply with federal guidelines. Persons carrying out recombinant DNA
research must comply with the recombinant research guidelines adopted by the
National Institutes of Health and any subsequent modifications thereof. [1983
c.358 §2]
Note: See note under 431.805.
431.815 [1983 c.358 §§3,4; repealed by 1999 c.108 §1]
SPECIAL
PROGRAMS
(Temporary
provisions relating to strategic plan to slow rate of diabetes)
Note: Sections 2 and 3, chapter 460, Oregon Laws
2007, provide:
Sec.
2. (1) The Department of
Human Services shall develop, by the year 2009, a strategic plan to start to
slow the rate of diabetes caused by obesity and other environmental factors by
the year 2010.
(2) The department shall collaborate with
the American Diabetes Association, the Oregon Diabetes Coalition and others
such as:
(a) Health care professionals and
researchers specializing in diabetes and obesity prevention, treatment or
research;
(b) Diabetes educators;
(c) Representatives of medical schools or
schools of public health;
(d) High school and post-secondary
institution health educators;
(e) Representatives from geographic areas
and other population groups at higher risk of diabetes;
(f) Representatives of community-based
organizations involved in providing education about or awareness of diabetes;
and
(g) Other individuals the department
determines are necessary.
(3) The plan developed by the department
shall include but not be limited to:
(a) Identification of environmental
factors that encourage or support physical activity and healthy eating habits;
(b) Identification of preventative
strategies that are effective and culturally competent and that meet the
populations most at risk for developing diabetes;
(c) Recommendations for evidence-based
screening;
(d) Recommendations for redesigning and
financing primary care practices that would facilitate adoption of the Chronic
Care Model for screening for diabetes, support for patient self-management and
regular reporting of preventative clinical screening results;
(e) Identification of actions to be taken
to reduce the morbidity and mortality from diabetes by the year 2015 and a time
frame for taking those actions; and
(f) Recommendations to the Seventy-fifth
Legislative Assembly on statutory changes and funding needed to achieve the
departments plan. [2007 c.460 §2]
Sec.
3. Section 2 of this 2007
Act is repealed on January 2, 2016. [2007 c.460 §3]
431.825
Fetal alcohol syndrome pamphlets. The Department of Human Services shall provide to the counties of this
state pamphlets described in ORS 106.081. The department may produce such
pamphlets with moneys available for the purpose or may accept a gift of such
pamphlets from any public or private source if the content is acceptable to the
department. [1987 c.340 §4]
Note: 431.825 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 431 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
431.827
Female genital mutilation prevention and education activities. The Department of Human Services shall
establish and implement appropriate education, prevention and outreach
activities in communities that traditionally practice female circumcision,
excision or infibulation for the purpose of informing:
(1) Those communities of the health risks
and emotional trauma inflicted by the practices;
(2) Those communities and the medical
community as to the existence and ramifications of ORS 163.207; and
(3) Those communities that the practices
constitute physical injuries to a child for purposes of ORS 419B.005. [1999
c.737 §2]
Note: 431.827 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 431 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
431.830
Acquired immune deficiency syndrome services and programs. (1) The Department of Human Services shall
establish an acquired immune deficiency syndrome program:
(a) To provide education and prevention
services to its clients; and
(b) To provide education and prevention
services to the public.
(2) Programs authorized by this section
may be operated by the department directly or under contract with public and
private agencies. [1987 c.114 §1; 2001 c.900 §152]
Note: 431.830 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 431 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
SMOKING
CESSATION AND TOBACCO USE REDUCTION
431.831
Smoking cessation program reimbursement; rules. (1) The Department of Human Services shall
develop a program to reimburse smoking cessation program providers for services
provided to residents of this state who are not insured for smoking cessation
costs.
(2) The department shall adopt rules for
the program established under subsection (1) of this section that include but
are not limited to criteria for provider and participant eligibility and other
program specifications. The rules shall establish a maximum reimbursement limit
for each participant.
(3) Costs for smoking cessation programs
funded under subsection (1) of this section are eligible for reimbursement from
funds received by the State of
Note: 431.831 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 431 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
431.832
Tobacco Use Reduction Account established. (1) There is established in the General Fund the Tobacco Use Reduction
Account.
(2) Amounts credited to the Tobacco Use
Reduction Account are continuously appropriated to the Department of Human
Services for the funding of prevention and education programs designed to
reduce cigarette and tobacco use. [1997 c.2 §13]
Note: 431.832 to 431.836 were adopted by the
people by initiative petition and were added to and made a part of ORS chapter
431 but were not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
431.834
Department to adopt rules; contents. The Department of Human Services shall develop and adopt rules for
awarding grants to programs for educating the public on the risk of tobacco
use, including but not limited to:
(1) Educating children on the health
hazards and consequences of tobacco use; and
(2) Promoting enrollment in smoking
cessation programs and programs that prevent smoking-related diseases including
cancer and other diseases of the heart, lungs and mouth. [1997 c.2 §14]
Note: See note under 431.832.
431.836
Department to prepare report.
During each biennium, the Department of Human Services shall prepare a report
regarding the awarding of grants from the Tobacco Use Reduction Account and the
formation of public-private partnerships in connection with the receipt of
funds from the account. The department shall present the report to the Governor
and to those committees of the Legislative Assembly to which matters of public
health are assigned. [1997 c.2 §15]
Note: See note under 431.832.
REGULATION OF
TOBACCO SALES
431.840
Free distribution to minors prohibited; restriction on sales; notice. (1) It shall be unlawful to do any of the
following:
(a) To distribute free tobacco products to
persons under 18 years of age as part of a marketing strategy to encourage the
use of tobacco products.
(b) To fail as a retailer to post a notice
substantially similar to that set forth in subsection (3) of this section in a
location clearly visible to the seller and the purchaser that sale of tobacco
products to persons under 18 years of age is prohibited.
(c) To sell cigarettes in any form other
than a sealed package.
(2) As used in this section tobacco
products means bidis, cigars, cheroots, stogies, periques, granulated, plug
cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour,
cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, shorts,
refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and
forms of tobacco, prepared in such manner as to be suitable for chewing or
smoking in a pipe or otherwise, or both for chewing and smoking, and shall
include cigarettes as defined in ORS 323.010 (1).
(3) The notice shall be substantially as
follows:
______________________________________________________________________________
NOTICE
The sale of tobacco in any form to persons
under 18 years of age is prohibited by law. Any person who knowingly sells, or
causes to be sold, tobacco to a person under 18 years of age commits the crime
of endangering the welfare of a minor, pursuant to ORS 163.575.
______________________________________________________________________________
[1989 c.764 §1;
2001 c.187 §1]
Note: 431.840 to 431.853 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
431 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
431.845
Civil penalty for violation of ORS 431.840. (1) The civil penalty for violation of any provision of ORS 431.840
shall not be less than $100 nor exceed $500.
(2) The amounts collected under subsection
(1) of this section shall be deposited to the credit of the General Fund. [1989
c.764 §2; 1991 c.970 §6]
Note: See note under 431.840.
431.850
Procedure applicable to penalty. Any civil penalty under ORS 431.845 shall be imposed as provided by
ORS 183.745. [1989 c.764 §§3,6; 1991 c.734 §20]
Note: See note under 431.840.
431.853
Random inspections of sellers of tobacco products; site; frequency; rules. (1) The Department of Human Services shall:
(a) Coordinate with law enforcement
agencies to conduct random, unannounced inspections of Oregon wholesalers and
retailers of tobacco products to insure compliance with Oregon laws designed to
discourage the use of tobacco by minors including ORS 163.575, 163.580,
167.400, 167.402 and 431.840; and
(b) Submit a report describing:
(A) The activities carried out to enforce
the laws listed in paragraph (a) of this subsection during the previous fiscal
year;
(B) The extent of success achieved in
reducing the availability of tobacco products to minors; and
(C) The strategies to be utilized for
enforcing the laws listed in paragraph (a) of this subsection during the year
following the report.
(2) The Department of Human Services shall
adopt rules concerning random inspections of places that sell tobacco products
consistent with section 1921, Public Law 102-321, 1992. The rules shall provide
that inspections may take place:
(a) Only in areas open to the public;
(b) Only during hours that tobacco
products are sold or distributed; and
(c) No more frequently than once a month
in any single establishment unless a compliance problem exists or is suspected.
[1993 c.788 §1]
Note: See note under 431.840.
ALZHEIMERS
DISEASE
431.855
Alzheimers Disease Research Fund. (1) There is established as a separate and distinct fund in the State
Treasury an Alzheimers Disease Research Fund. The Alzheimers Disease Research
Fund shall consist of:
(a) An amount credited to the fund
pursuant to ORS 305.690 to 305.753, which shall be transferred by the
Department of Revenue to the fund.
(b) Gifts, grants and donations, in money
or otherwise, for use as described in subsection (2) of this section, which the
State Treasurer may solicit and accept from private and public sources and
shall cause to be deposited and credited to the Alzheimers Disease Research
Fund.
(c) Interest or other earnings on the
amounts described in paragraphs (a) and (b) of this subsection which shall
inure to the benefit of the Alzheimers Disease Research Fund.
(2) Moneys contained in the Alzheimers
Disease Research Fund are continuously appropriated for the purpose of grants
to the Alzheimers Disease Center of Oregon, a cooperative venture between
Oregon Health and Science University, Good Samaritan Hospital and Medical
Center, the United States Department of Veterans Affairs and the Alzheimers
Disease and Related Disorders Association to carry out research on Alzheimers
disease and related disorders. [1987 c.902 §3; 1989 c.987 §23; 1991 c.67 §113;
2007 c.822 §19]
Note: 431.855 and 431.860 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
431 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
431.860
Control of fund. Oregon
Health and
Note: See note under 431.855.
TOXIC
HOUSEHOLD PRODUCTS
431.870
Definitions for ORS 431.870 to 431.915. As used in ORS 431.870 to 431.915:
(1) Household product means any product
intended for use under any of the following circumstances:
(a) In, on or around any structure,
vehicle, article, surface or area associated with the household, including but
not limited to nonagricultural outbuildings, noncommercial greenhouses,
pleasure boats and recreational vehicles.
(b) In or around any preschool or child
care facility.
(2) Task force means the Poison
Prevention Task Force.
(3) Toxic household product means any
product listed in ORS 431.885 that is customarily produced or distributed for
sale for use in or about the household or is customarily stored by individuals
in or about the household. [1991 c.915 §2; 1995 c.278 §54]
Note: 431.870 to 431.915 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
431 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
431.875
Legislative findings. The
Legislative Assembly finds that:
(1) Most poisonings involve children under
six years of age.
(2) The federal Poison Prevention
Packaging Act of 1970 requires child-resistant safety packaging for various
toxic household products in order to inhibit a childs ability to access
poisonous substances. This effort, in conjunction with the formation of poison
control centers, education efforts, availability of ipecac syrup for home
treatment and labeling requirements, has significantly reduced the number of
poisonings. However, most poisonings occur while the product is in use, rather
than when stored, and many toxic household products are exempt from the
child-resistant safety packaging laws.
(3) The National Safety Council, the
American Medical Association and the American Association of Poison Control
Centers have noted that the addition of nontoxic aversive agents to toxic
household products may make these products so unpalatable that many children
reject the products upon, or shortly after, tasting them. These organizations have
urged manufacturers of toxic household products to add nontoxic aversive agents
to their products in addition to child resistant closures in order that
ingestion of these products may be reduced, thus providing another means to
prevent or mitigate severe poisonings.
(4) Aversive agents are currently being
used in various household products to mitigate child poisonings. [1991 c.915 §1]
Note: See note under 431.870.
431.880
Aversive agent required. Any
toxic household product that is listed in ORS 431.885 and is manufactured on or
after July 1, 1993, and sold in this state, shall include an aversive agent
approved by the Poison Prevention Task Force within the product in a
concentration so as to render the product unpalatable. [1991 c.915 §3]
Note: See note under 431.870.
431.885
Toxic household products required to comply with aversive agent requirement;
exemptions. (1) The
following toxic household products must comply with ORS 431.880:
(a) Antifreeze containing 10 percent or
more ethylene glycol by weight.
(b) Windshield washer fluid containing
four percent or more methyl alcohol (methanol) by weight.
(2) The following toxic household products
are exempted from the requirements of ORS 431.880:
(a) Pesticide products subject to
registration under ORS chapter 634 or under the Federal Insecticide, Fungicide,
Rodenticide Act.
(b) Any drug as defined in the Federal
Food, Drug and Cosmetic Act (21 U.S.C.§301 et seq.) or in ORS 689.005.
(c) Products exempted under the provisions
of section 7, chapter 915, Oregon Laws 1991. [1991 c.915 §4]
Note: Section 7, chapter 915, Oregon Laws 1991,
provides:
Sec.
7. (1) A manufacturer shall
apply to the Poison Prevention Task Force on or before April 1, 1993, for an
exemption from the requirements of this Act [431.870 to 431.915] for a toxic
household product that contains chemicals in which any aversive agent would be
nonsoluble, nondispersible, unstable or would interfere with the safety or
function of the product.
(2) The task force may grant an exemption
if the manufacturer demonstrates to the task force, and the task force finds,
that the toxic household product meets the exemption criteria described in
subsection (1) of this section. [1991 c.915 §7]
Note: See note under 431.870.
431.887
Limitation on liability; application. (1) A manufacturer, distributor or seller of a toxic household product
that is required to contain an aversive agent under the provisions of ORS
431.880 is not liable to any person for any personal injury, death or property
damage that results from the inclusion of the aversive agent in the toxic
household product.
(2) The limitation on liability provided
by this section is only applicable if the aversive agent is included in the
toxic household product in concentrations approved by the Poison Prevention
Task Force.
(3) The limitation on liability provided
by this section does not apply if the personal injury, death or property damage
results from willful and wanton misconduct by the manufacturer, distributor or
seller of the toxic household product. [1995 c.76 §2]
Note: See note under 431.870.
431.890
Poison Prevention Task Force; members; meetings; duties. (1) The Poison Prevention Task Force is
created in the
(a) The Medical Director of the
(b) The Director of Human Services or a
designee.
(c) A pediatrician licensed under ORS
chapter 677, appointed by the Governor.
(d) A chemist from an academic
institution, appointed by the Governor.
(e) A representative of a manufacturer of
toxic household products, appointed by the Governor.
(2) Each member shall serve without
compensation.
(3) The task force shall meet as considered
necessary by the chairperson or on the call of three members of the task force.
(4) The task force shall meet for the
purposes of reviewing, granting or denying requests for exemptions from and
extensions of the requirements of ORS 431.870 to 431.915.
(5) The task force shall obtain and
evaluate statewide poisoning incidence and severity data over a period of every
two years for the purpose of making recommendations for the addition or
deletion of products to ORS 431.885. [1991 c.915 §5]
Note: See note under 431.870.
431.895
Efficacy and toxicity data available to task force; use; confidentiality of
data. (1) The Poison
Prevention Task Force may request efficacy and toxicity data, or other
pertinent data it considers necessary, from the manufacturer of any toxic
household product. The information shall be made available by the manufacturer
to the task force upon request and shall remain confidential, if so requested.
(2) The task force may request data from
and utilize the technical expertise of other state agencies or health care
providers, or both, to evaluate the incidence and severity of poisoning, drug
overdose and toxic exposure. [1991 c.915 §8]
Note: See note under 431.870.
431.900
Reports to legislature. The
Poison Prevention Task Force shall report to the Legislative Assembly as
necessary with recommendations for the addition or deletion of products from
the list set forth in ORS 431.885. The task force shall report to the
Legislative Assembly any additional recommended measures which shall include
reducing the incidence and severity of poisoning, poison prevention education
activities and child resistant closure effectiveness. [1991 c.915 §9]
Note: See note under 431.870.
431.905
Enforcement by civil action; injunction; damages; attorney fees. (1) Any person may bring a civil action in a
court of competent jurisdiction to enforce the requirements of ORS 431.870 to
431.915. The court may grant injunctive relief in any action brought pursuant
to this section.
(2) Punitive damages may also be awarded
in any action brought pursuant to this section.
(3) The court may award reasonable
attorney fees to the prevailing party in an action under this section. [1991
c.915 §11; 1995 c.618 §70]
Note: See note under 431.870.
431.910
Prohibited conduct. (1) It
is unlawful for any person to distribute or sell a toxic household product or
cause a toxic household product to be distributed or sold in this state if it
does not meet the requirements of ORS 431.870 to 431.915.
(2) The prohibition contained in
subsection (1) of this section does not apply to a person engaged in the
business of wholesale or retail distribution of a toxic household product,
unless the person is engaged in the manufacture of the product, or has
knowledge that a toxic household product which the person is distributing or
selling is in violation of ORS 431.870 to 431.915.
(3) A distributor of a house brand shall
not be considered a manufacturer for purposes of filing an application for an
extension pursuant to section 6, chapter 915, Oregon Laws 1991, or for an
exemption pursuant to section 7, chapter 915, Oregon Laws 1991. Nothing in this
subsection is intended to exempt a distributor of a house brand from any other
provisions of ORS 431.870 to 431.915. [1991 c.915 §10]
Note: See first note under 431.885.
Note: See note under 431.870.
431.915
Civil penalty for violation of ORS 431.870 to 431.915. (1) Any person who violates any provision of
ORS 431.870 to 431.915 shall be liable for a civil penalty not to exceed $5,000
for each day of violation, which shall be assessed and recovered in a civil
action brought by the Department of Human Services.
(2) All civil penalties collected pursuant
to subsection (1) of this section shall be deposited in the General Fund. [1991
c.915 §§12,13]
Note: See note under 431.870.
LEAD
POISONING PREVENTION
431.920
Training provider accreditation; lead poisoning prevention programs; fees. The Department of Human Services shall:
(1) Develop accreditation programs for
training providers;
(2) Prescribe the requirements for and the
manner of testing the competency of license applicants for the protection of
the public and as required by federal law;
(3) Prescribe those actions or
circumstances that constitute failure to achieve or maintain competency, or
that otherwise are contrary to the public interest, for which the agency may
refuse to issue or renew or may suspend or revoke a certification;
(4) Develop and conduct programs to screen
blood lead levels, to identify hazards and to educate the public, including
parents, residential dwelling owners and child care facility operators, about
the dangers of lead-based paint hazards and of appropriate precautions that
should be taken to reduce the possibility of childhood lead poisoning; and
(5) Impose fees to the extent necessary to
pay the costs of the following:
(a) Certification of training curriculums,
up to $1,500;
(b) Annual renewal of training providers
and curriculums, up to $500;
(c) Certification of trainers, up to $500;
(d) Annual renewal of trainers
certification, up to $250; and
(e) Certification test, up to $85. [1995
c.795 §6]
Note: 431.920 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 431 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
REGULATION OF
TANNING FACILITIES
431.925
Definitions for ORS 431.925 to 431.955. As used in ORS 431.925 to 431.955, unless the context requires
otherwise:
(1) Phototherapy device means equipment
that emits ultraviolet radiation used by a health care professional in the
treatment of disease or illness.
(2) Tanning device means any equipment
that emits electromagnetic radiation with wavelengths in the air between 200 and
400 nanometers used for tanning of the skin including, but not limited to, a
sunlamp, tanning booth or tanning bed. Tanning device also means any
accompanying equipment including, but not limited to, protective eye wear,
timers and handrails.
(3) Tanning facility means any location,
place, area, structure or business that provides persons access to any tanning
device. [1991 c.619 §1]
Note: 431.925 to 431.955 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
431 by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
431.930
Purpose of ORS 431.925 to 431.955. It is the purpose of ORS 431.925 to 431.955 to regulate tanning
facilities to minimize the risks associated with suntanning with artificial
ultraviolet light. These risks include, but may not be limited to:
(1) Sunburn;
(2) Premature aging of the skin;
(3) Skin cancer;
(4) Retinal damage;
(5) Formation of cataracts;
(6) Suppression of the immune system; and
(7) Damage to the vascular system. [1991
c.619 §2]
Note: See note under 431.925.
431.935
Tanning device to comply with federal requirements; exception for certain
phototherapy devices. (1)
Any tanning device used by a tanning facility shall comply with all applicable
federal laws and regulations.
(2) ORS 431.925 to 431.955 do not apply to
a phototherapy device used by or under the direct supervision of a physician
licensed under ORS chapter 677. [1991 c.619 §§3,4]
Note: See note under 431.925.
431.940
Standards and regulation of tanning devices; rules; fee; inspection. (1) The Department of Human Services shall
adopt by rule standards and a system of registration for tanning devices. Any
entity doing business in this state as a tanning facility shall register the
tanning devices with the department in a manner prescribed by rule.
(2) The registration shall include payment
of an annual registration fee, not to exceed $100 per tanning device,
prescribed by rule in an amount sufficient to cover the costs of administering
the regulatory program.
(3) The department may conduct inspections
of tanning facilities to ensure compliance with ORS 431.925 to 431.955. [1991
c.619 §5; 1993 c.728 §2; 2007 c.856 §1]
Note: See note under 431.925.
431.945
Written warning statement and sign; content; rules. (1) A tanning facility shall give each
customer a written statement warning that:
(a) Not wearing the protective eye wear
provided to each customer by the tanning facility may cause damage to the eyes.
(b) Overexposure to the tanning process
causes burns.
(c) Repeated exposure to the tanning
process may cause skin cancer or premature aging of the skin, or both.
(d) Abnormal skin sensitivity or burning
may result from the tanning process if the customer is also consuming or using
certain:
(A) Foods.
(B) Cosmetics.
(C) Medications such as tranquilizers,
antibiotics, diuretics, high blood pressure medication, antineoplastics or
birth control pills.
(e) Any person taking a prescription or
over-the-counter drug should consult a physician before using a tanning device.
(2) In addition to giving customers the
written statement required by subsection (1) of this section, the tanning
facility shall post a warning sign in any area where a tanning device is used. The
Department of Human Services shall adopt by rule the language for the warning
sign. [1991 c.619 §§6,7]
Note: See note under 431.925.
431.950
Civil penalty for violation of ORS 431.925 to 431.955. The Department of Human Services may impose
a civil penalty in an amount not to exceed $500 for a violation of ORS 431.925
to 431.955 or rules of the department adopted pursuant to ORS 431.925 to
431.955. Civil penalties under this section shall be imposed in the manner
provided by ORS 183.745. [1991 c.619 §§9,13]
Note: See note under 431.925.
431.955
Disposition of receipts.
Except as otherwise provided by law, all fees and other moneys received by the
Department of Human Services pursuant to ORS 431.925 to 431.955 shall be paid
into the State Treasury and placed to the credit of the Public Health Account
and are continuously appropriated to the department for the purposes of
carrying out the provisions of ORS 431.925 to 431.955. If moneys received under
ORS 431.925 to 431.955 are in excess of moneys required to administer the
program authorized by ORS 431.925 to 431.955, the moneys may be used by the
department to meet expenses of other programs administered by the department if
an appropriate expenditure increase is approved by the Emergency Board. [1991
c.619 §11]
Note: See note under 431.925.
PENALTIES
431.990 Penalties. Unless otherwise specifically provided by
any other statute, failure to obey any rules relating to public health of the
Department of Human Services or failure to obey any lawful written order
relating to public health issued by the Director of Human Services or any
district or county public health administrator is a Class A misdemeanor. [Amended
by 1959 c.629 §46; 1961 c.610 §15; 1973 c.408 §34; 1973 c.829 §33; 1977 c.582 §32;
2001 c.900 §153]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
