2007 Oregon Code - Chapter 353 :: title - 30 page - 1
Chapter 353
2007 EDITION
EDUCATION AND CULTURE
GENERAL PROVISIONS
353.010 Definitions
353.020 Oregon
Health and
353.030 Public
policy of university; missions; purposes
353.035 Certain
laws to be liberally construed; severability
BOARD OF DIRECTORS
353.040 Board
of directors; appointment; membership; meetings; removal of members
353.050 Powers
and duties of board and university officials
353.060 President
of university
AUTHORITY AND DUTIES
(Generally)
353.070 Products
of individuals with disabilities; rules; publication of product sources
353.080 Report
on activities and operations
353.100 Applicability
of laws to university
353.108 Real
property and facilities utilized by university; legal title; lease; management
353.110 Authority
to acquire private property; condemnation
353.117 Creation
of tax-exempt entity by university
353.120 Adoption
of alcohol and drug abuse policy
353.130 Public
contracts
353.140 Funding
request; budget
353.160 Audits
(Students)
353.180 Student
education records
353.190 Effect
of student religious beliefs on admission and attendance
353.200 Rights
of students in military ordered to active duty; rules
353.202 Credit
for room, board, tuition and fees for students ordered to active duty; rules
353.205 Credit
for education and training received while serving in Armed Forces; rules
(Physical Access Committee)
353.210 Purpose;
members; duties
PERSONNEL
353.250 Alternative
retirement programs
353.260 Personnel
records; access; control; creation
353.270 Compensation
of officers and employees; conflicts of interest
353.280 Faculty;
status; powers
353.290 Reductions
in faculty; affirmative action plans and goals
353.300 Political
or sectarian test prohibited in appointment of faculty or employees
FINANCE
(Generally)
353.330 Effect
of law on bonds, certificates of participation or agreements for borrowing
money; responsibility for payment; rights of holders of obligations
(Bonds)
353.340 Issuance
and sale of revenue bonds by university
353.350 Revenue
bonds considered bonds of political subdivision
353.360 Refunding
bonds
353.370 Notice
to Legislative Assembly required if shortfall in moneys exists for payment of
amounts under bonds, certificates of participation or agreements for borrowing
money
(Financial Agreements)
353.380 Definitions
for ORS 353.380 to 353.420
353.390 Authority;
limitations
353.400 Delegation
of board authority
353.410 University
powers regarding financing agreements and credit enhancement agreements
353.420 Effect
of financing agreement on tax status
PROGRAMS
353.440 Coordination
of programs with Oregon University System
353.445 Venture
grant program
353.450
353.460 Center
for Research on Occupational and Environmental Toxicology
353.470 Funding
of center
353.480 Pediatric
dental residency program
353.550 Definitions
for ORS 353.550 to 353.563 and sections 10, 12, 14, 16 and 18, chapter 921,
Oregon Laws 2001
353.553 Short
title
353.556 Purpose;
policy; findings; intent
353.559 Creation;
university duties; expenditure of proceeds
353.563 Task
force on program impact on university missions
NURSING EDUCATION PROGRAM GRANTS
353.600 Definitions
for ORS 353.600 to 353.612
353.603 Grant
distribution; administrative expenses; contributions
353.606
353.609 Duties
of committee; grant criteria; use of grant funds
353.612 Nursing
Education Grant Fund
GENERAL PROVISIONS
353.010
Definitions. As used in this
chapter:
(1) Board means the Oregon Health and
Science University Board of Directors established under ORS 353.040.
(2) Public corporation means an entity
that is created by the state to carry out public missions and services. In
order to carry out these public missions and services, a public corporation
participates in activities or provides services that are also provided by
private enterprise. A public corporation is granted increased operating
flexibility in order to best ensure its success, while retaining principles of
public accountability and fundamental public policy. The board of directors of
a public corporation is appointed by the Governor and confirmed by the Senate
but is otherwise delegated the authority to set policy and manage the
operations of the public corporation.
(3) University or Oregon Health and
353.020
353.030
Public policy of university; missions; purposes. (1) It shall be the public policy of the
Oregon Health and
(a) To serve the people of the State of
Oregon by providing education in health, science, engineering and their
management for students of the state and region.
(b) To provide:
(A) An environment that stimulates the
spirit of inquiry, initiative and cooperation between and among students,
faculty and staff;
(B) Research in health care, engineering,
biomedical sciences and general sciences; and
(C) The delivery of health care to
contribute to the development and dissemination of new knowledge.
(2) The university will strive for
excellence in education, research, clinical practice, scholarship and community
service while maintaining compassion, personal and institutional integrity and
leadership in carrying out its missions.
(3) The university is designated to carry
out the following public purposes and missions on behalf of the State of
(a) Provide high quality educational
programs appropriate for a health and science university;
(b) Conduct research in health care,
engineering, biomedical sciences and general sciences;
(c) Engage in the provision of inpatient
and outpatient clinical care and health care delivery systems throughout the
state;
(d) Provide outreach programs in
education, research and health care;
(e) Serve as a local, regional and
statewide resource for health care providers; and
(f) Continue a commitment to provide
health care to the underserved patient population of
(4) The university shall carry out the
public purposes and missions of this section in the manner that, in the
determination of the Oregon Health and Science University Board of Directors,
best promotes the public welfare of the people of the State of
353.035
Certain laws to be liberally construed; severability. Chapter 162, Oregon Laws 1995, shall be
liberally construed to effect the purposes and intent thereof. If any provision
of chapter 162, Oregon Laws 1995, or the application of that provision to any
particular circumstance or person, shall be held invalid, the remainder of
chapter 162, Oregon Laws 1995, and the application of that provision to
circumstances or persons other than those to which it is held invalid shall not
be affected thereby. [1995 c.162 §90]
Note: Legislative Counsel has substituted chapter
162, Oregon Laws 1995, for the words this Act in section 90, chapter 162,
Oregon Laws 1995, compiled as 353.035. Specific ORS references have not been
substituted pursuant to 173.160. These sections may be determined by referring
to the 1995 Comparative Section Table located in Volume 20 of ORS.
BOARD OF
DIRECTORS
353.040
Board of directors; appointment; membership; meetings; removal of members. (1) There is established an Oregon Health
and Science University Board of Directors consisting of 10 members. The
directors, except for the president of the university, shall be appointed by
the Governor and shall be confirmed by the Senate in the manner prescribed in
ORS 171.562 and 171.565.
(2) Except for the president of the
university, the term of office of each nonstudent member is four years. The
term of office of the student member is two years. Before the expiration of the
term of a member, the Governor shall appoint a successor whose term begins on
October 1 next following. A member is eligible for reappointment for one
additional term. If there is a vacancy for any cause, the Governor shall make
an appointment to become effective immediately for the unexpired term. The
board shall nominate a slate of candidates whenever a vacancy occurs or is
announced and shall forward the recommended candidates to the Governor for consideration.
To assist the Governor in appointing the student member, the duly organized and
recognized entity of student government shall submit a list of nominees to the
Governor for consideration.
(3) The membership of the board shall be
as follows:
(a) One representative who is a nonstudent
member of the State Board of Higher Education.
(b) Seven representatives who, in the
discretion of the Governor, have experience in areas related to the university
missions or that are important to the success of Oregon Health and
(c) One representative who is a student
enrolled at the university.
(d) The president of the university, who
shall be an ex officio voting member.
(4) Directors must be citizens of the
(5) The board shall select one of its
members as chairperson and another as vice chairperson for such terms and with
such duties and powers as the board considers necessary for performance of the
functions of those offices. The board shall adopt bylaws concerning how a
quorum shall be constituted and when a quorum shall be necessary.
(6) The board shall meet at least once
every three months at Oregon Health and
(7) The Governor may remove any member of
the board at any time for cause, after notice and public hearing, but not more
than three members shall be removed within a period of four years, unless it is
for corrupt conduct in office. [1995 c.162 §4; 1999 c.291 §3; 2001 c.123 §4]
353.050
Powers and duties of board and university officials. Except as otherwise provided in this
chapter, the Oregon Health and Science University Board of Directors, or
university officials acting under the authority of the board, shall exercise
all the powers of the Oregon Health and
(1) Determine or approve policies for the
organization, administration and development of the university.
(2) Appoint and employ any instructional,
administrative, professional, trade, occupational and other personnel as are
necessary or appropriate to carry out the missions of the university, and
prescribe their compensation and terms of office or employment.
(3) Make any and all contracts and
agreements, enter into any partnership, joint venture or other business
arrangement, create and participate fully in the operation of any business
structure, including but not limited to the development of business structures
for health care delivery systems and networks with any public or private
government, nonprofit or for-profit person or entity that in the judgment of
the university or the board is necessary or appropriate to carry out the
universitys missions and goals.
(4) Acquire, purchase, receive, hold,
control, convey, sell, manage, operate, lease, license, lend, invest, improve,
develop, use, dispose of and hold title to real and personal property of any
nature, including intellectual property, in its own name.
(5) Sue in its own name and be sued, plead
and be impleaded in all actions, suits or proceedings in any forum brought by
or against it by any and all private or state, local, federal or other public
entities, agencies or persons.
(6) Encourage gifts and donations for the
benefit of the university, and subject to the terms of the gift, retain, invest
and use such gifts as deemed appropriate by the university or the board.
(7) Acquire, receive, hold, keep, pledge,
control, convey, manage, use, lend, expend and invest all funds, appropriations,
gifts, bequests, stock and revenue from any source to the university.
(8) Borrow money for the needs of the
university, in such amounts and for such time and upon such terms as may be
determined by the university or the board.
(9) Erect, construct, improve, develop,
repair, maintain, equip, furnish, lease, lend, convey, sell, manage, operate,
use, dispose of and hold title to buildings, structures and lands for the
university.
(10) Purchase any and all insurance,
operate a self-insurance program or otherwise arrange for the equivalent of
insurance coverage of any nature and the indemnity and defense of its officers,
agents and employees or other persons designated by the university to carry out
or further the missions of the university.
(11) Create, develop, supervise, control
and adopt academic programs, including standards, qualifications, policies or
practices relating to admissions, curriculum, academic advancement, grading
policy, student conduct, credits and scholarships and the granting of academic
degrees, certificates and other forms of recognition.
(12) Authorize, create, eliminate,
establish, operate, reorganize, reduce or expand any program, school,
institute, health care facility or other unit of operation.
(13) Establish, charge, collect and use
charges for enrollment into the university, including charges such as tuition
for education and general services, incidental fees and such other charges
found by the university to be necessary to carry out its educational programs.
Fees realized in excess of amounts allocated and exceeding required reserves
shall be considered surplus incidental fees and shall be allocated for programs
under the control of the board and found to be advantageous to the cultural or
physical development of students of the university upon the recommendation of
the recognized student government of the university.
(14) Establish, charge, collect and use
charges and fees for university services and the use of university facilities.
(15) Impose charges, fines, fees and such
other regulations considered convenient or necessary to control and regulate
traffic and parking of vehicles to the same extent allowed the State Board of
Higher Education. This authority includes the authority to enforce the
regulations of the university in a court to the extent allowed the State Board
of Higher Education in enforcing the state boards regulations as provided in
ORS 352.360 (7).
(16) Commission as special campus security
officers one or more individuals who will have probable cause arrest authority
and the accompanying immunities as set forth in ORS 133.310 and 133.315 when
acting in the scope of their duties, provided that such individuals are trained
and certified by the Department of Public Safety Standards and Training, and provided
further that such officers shall not be authorized to carry firearms as police
officers and shall not be considered police officers for purposes of ORS
181.610, 238.005, 243.005 or 243.736. The university shall be considered a
criminal justice agency for purposes of ORS 181.715 and 181.720.
(17) Enforce and recover for payment to
the university any fines that are authorized by this chapter.
(18) Adopt, amend or repeal bylaws,
administrative rules, regulations and orders applicable to the matters that are
the subject of this chapter.
(19) Contract with any state agency for
the performance of such duties, functions and powers as is appropriate. A state
agency shall not charge the university for such services an amount that is
greater than the actual cost of the services.
(20) Purchase, receive, subscribe for or
otherwise acquire, own, hold, vote, use, sell, mortgage, lend, pledge, invest
in or otherwise dispose of and deal in or with the shares, stock or other
equity or interests in or obligations of any other entity. Separate funds may
be established for such investments. The State of
(21) Make available, by lease or
otherwise, or control access to any health care facilities or services or other
of its properties and assets to such persons, firms, partnerships, associations
or corporations and on such terms as considered appropriate, charge and collect
rent or other fees or charges therefor and terminate or deny any such access or
any such lease or other agreement for such reasons as considered appropriate
and as may be consistent with its obligations under any such lease or other
agreement.
(22) Contract for the operation of any
department, section, equipment or holdings of the university and enter into any
agreements with any person, firm or corporation for the management by said
person, firm or corporation on behalf of the university of any of its
properties or for the more efficient or economical performance of clerical,
accounting, administrative and other functions relating to its health care
facilities.
(23) Select and appoint faculty as medical
and dental staff members and others licensed to practice the healing arts,
delineate and define the privileges granted each such individual, adopt and
direct a plan for faculty clinical income and set the terms and conditions of
that plan (including such modifications to any such existing plan as considered
necessary or appropriate upon expiration of the term of such plan), and
determine the extent to which and the terms upon which each such individual may
provide teaching, research, consulting or other services at the university or
any other health care facility.
(24) Enter into affiliation, cooperation,
territorial, management or other similar agreements with other public or
private universities or health care providers for the sharing, division,
allocation or furnishing of services on an exclusive or a nonexclusive basis,
referral of patients, management of facilities, formation of health care
delivery systems and other similar activities.
(25) Perform any other acts that in the
judgment of the board or university are requisite, necessary or appropriate in
accomplishing the purposes described in or carrying out the powers granted by
this chapter.
(26) Exercise these powers,
notwithstanding that as a consequence of the exercise of such powers, the
university engages in activities that might otherwise be deemed anticompetitive
within the contemplation of state or federal antitrust laws. [1995 c.162 §8;
1997 c.853 §38; 1999 c.291 §4]
353.060
President of university. The
Oregon Health and Science University Board of Directors shall appoint a
president of the university. The president is the president of the faculty and
is the executive and governing officer of the university. Subject to the
supervision of the board, the president has authority to direct the affairs of
the university. [1995 c.162 §11]
AUTHORITY AND
DUTIES
(Generally)
353.070
Products of individuals with disabilities; rules; publication of product
sources. (1) As used in this
section:
(a) Direct labor includes all work
required for preparation, processing and packing, but not supervision,
administration, inspection or shipping.
(b) Individual with a disability means
an individual who, because of the nature of the individuals disability, is not
able to participate fully in competitive employment, and for whom specialized
employment opportunities must be provided.
(c) Qualified nonprofit agency for
individuals with disabilities means a nonprofit activity center or
rehabilitation facility:
(A) Organized under the laws of the United
States or of this state and operated in the interest of individuals with
disabilities, and the net income of which does not inure in whole or in part to
the benefit of any shareholder or other individual;
(B) That complies with any applicable
occupational health and safety standards required by the laws of the
(C) That in the manufacture of products
and in the provision of services during the fiscal year employs individuals
with disabilities for not less than 75 percent of the work hours of direct
labor required for the manufacture or provision of the products or services.
(2) The Oregon Health and Science
University Board of Directors shall further the policy of this state to
encourage and assist individuals with disabilities to achieve maximum personal
independence through useful and productive gainful employment by ensuring an expanded
and constant market for sheltered workshop and activity center products and
services, thereby enhancing the dignity and capacity of individuals with
disabilities for self-support and minimizing their dependence on welfare and
need for costly institutionalization.
(3) It shall be the duty of Oregon Health
and
(a) Determine the price of all products
manufactured and services offered for sale to the university by any qualified
nonprofit agency for individuals with disabilities. The price shall recover for
the workshops the cost of raw materials, labor, overhead, delivery costs and a
margin held in reserve for inventory and equipment replacement;
(b) Revise such prices from time to time
in accordance with changing cost factors;
(c) Make such rules regarding
specifications, time of delivery and other relevant matters of procedure as
shall be necessary; and
(d) Utilize prices and specifications, in
its discretion, established by the Oregon Department of Administrative
Services.
(4) The university shall establish and
publish a list of sources or potential sources of products produced by any
qualified nonprofit agency for individuals with disabilities and the services
provided by any such agency that the university determines are suitable for its
procurement. The university, in its discretion, may utilize any list
established and published by the Oregon Department of Administrative Services.
(5) If the university intends to procure
any product or service on the procurement list, the university shall procure
such product or service at the price established by the university from a
qualified nonprofit agency for individuals with disabilities, provided the
product or service is of the appropriate specifications and is available at the
location and within the period required by the university.
(6) It is the intent of the Legislative
Assembly that there be close cooperation between the board, the university and
qualified nonprofit agencies for individuals with disabilities. The university,
on behalf of the board, is authorized to enter into such contractual
agreements, cooperative working relationships or other arrangements as may be
necessary for effective coordination and efficient realization of the
objectives of this section. [1995 c.162 §16a; 1999 c.291 §5; 2007 c.70 §148]
353.080
Report on activities and operations. Oregon Health and
353.100
Applicability of laws to university. (1) The provisions of ORS chapters 35, 190, 192, 244 and 295 and ORS
30.260 to 30.460, 200.005 to 200.025, 200.045 to 200.090, 236.605 to 236.640,
243.650 to 243.782, 297.040, 307.090 and 307.112 shall apply to Oregon Health
and
(2) Except as otherwise provided by law,
the provisions of ORS chapters 182, 183, 240, 270, 273, 276, 279A, 279B, 279C,
283, 291, 292, 293, 294 and 297 and ORS 35.550 to 35.575, 180.060, 180.210 to
180.235, 183.710 to 183.725, 183.745, 183.750, 184.305 to 184.345, 190.430,
190.480, 190.490, 192.105, 200.035, 236.380, 243.105 to 243.585, 243.696,
278.011 to 278.120, 278.315 to 278.415, 279.835 to 279.855, 282.010 to 282.150,
357.805 to 357.895 and 656.017 (2) shall not apply to the university or any
not-for-profit organization or other entity if the equity of the entity is owned
exclusively by the university and if the organization or entity is created by
the university to advance any of the universitys statutory missions.
(3) The university, as a distinct
governmental entity, or any organization or entity described in subsection (2)
of this section shall not be subject to any provision of law enacted after
January 1, 1995, with respect to any governmental entity, unless the provision
specifically provides that it applies to the university or to the organization
or entity. [1995 c.162 §9; 1999 c.291 §7; 2001 c.921 §27; 2003 c.534 §13; 2003
c.794 §263]
Note: The amendments to 353.100 by section 33,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 353.100 by section 33, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 353.100, as amended by section
33, chapter 100, Oregon Laws 2007, is set forth for the users convenience.
353.100. (1) The provisions of ORS chapters 35, 190,
192, 244 and 295 and ORS 30.260 to 30.460, 200.005 to 200.025, 200.045 to
200.090, 236.605 to 236.640, 243.650 to 243.782, 297.040, 307.090 and 307.112
apply to Oregon Health and Science University under the same terms as they
apply to public bodies other than the state.
(2) Except as otherwise provided by law,
the provisions of ORS chapters 182, 183, 240, 270, 273, 276, 279A, 279B, 279C,
283, 291, 292, 293, 294 and 297 and ORS 35.550 to 35.575, 180.060, 180.210 to
180.235, 183.710 to 183.725, 183.745, 183.750, 184.305 to 184.345, 190.430,
190.480, 190.490, 192.105, 200.035, 243.105 to 243.585, 243.696, 278.011 to
278.120, 278.315 to 278.415, 279.835 to 279.855, 282.010 to 282.150, 357.805 to
357.895 and 656.017 (2) do not apply to the university or any not-for-profit
organization or other entity if the equity of the entity is owned exclusively
by the university and if the organization or entity is created by the
university to advance any of the universitys statutory missions.
(3) The university, as a distinct
governmental entity, or any organization or entity described in subsection (2)
of this section is not subject to any provision of law enacted after January 1,
1995, with respect to any governmental entity, unless the provision
specifically provides that it applies to the university or to the organization
or entity.
353.108
Real property and facilities utilized by university; legal title; lease;
management. (1) Legal title
to real property and facilities acquired by the State of
(2) Notwithstanding any other provisions
of
(3) The ground lease shall not be subject
to any termination unless:
(a) The State of
(b) There are no other conditions placed
on the university.
(4) Upon execution of the ground lease,
the university shall pay the State of
(5) The ground lease executed under this
section shall supersede the lease entered into between the State of
(a) Purported limitations on the authority
of the State Board of Higher Education to bind the State of
(b) The term of the lease and the absence
of any renewal provisions; and
(c) Any circumstances under which the
lease may be terminated.
(6) The university shall manage and
maintain all real property and facilities utilized by the university. Real
property and facilities of the State of
353.110
Authority to acquire private property; condemnation. The Oregon Health and
353.117
Creation of tax-exempt entity by university. (1) Pursuant to ORS 353.050, Oregon Health and Science University may
create and maintain an entity that is exempt from federal income tax under
section 501(c)(3) of the Internal Revenue Code, as amended, for the purpose of
conducting clinical care and practice and advancing other university missions
by the faculty.
(2) Any entity created by the university
under subsection (1) of this section shall be considered:
(a) A public employer for purposes of ORS
236.605 to 236.640 and ORS chapters 238 and 238A;
(b) A unit of local government for
purposes of ORS 190.003 to 190.130;
(c) A public body for purposes of ORS
30.260 to 30.300 and 307.112;
(d) A public agency for purposes of ORS 200.090;
and
(e) A public corporation for purposes of
ORS 307.090. [2001 c.921 §26; 2003 c.86 §9; 2003 c.733 §75]
353.120
Adoption of alcohol and drug abuse policy. The Oregon Health and
353.130
Public contracts. The Oregon
Health and
353.140
Funding request; budget. (1)
By September 1 of each even-numbered year the Oregon Health and
(2) The university budget shall be
prepared in accordance with generally accepted accounting principles and
adopted by the Oregon Health and Science University Board of Directors in
accordance with ORS 192.610 to 192.710. [1995 c.162 §13]
353.160
Audits. Nothing in this
chapter shall affect the constitutional duties and authority of the Secretary
of State to audit public accounts. However, the Oregon Health and
(Students)
353.180
Student education records.
Oregon Health and Science University may adopt policies relating to the
creation, use, custody and disclosure, including access, of student education
records of the university that are consistent with the requirements of
applicable state and federal law. Whenever a student has attained 18 years of
age or is attending the university, the permission or consent required of and
the rights accorded to a parent of the student regarding education records
shall thereafter only be required of and accorded to the student. [1995 c.162 §26;
1999 c.291 §8]
353.190
Effect of student religious beliefs on admission and attendance. (1) No student shall be refused admission to
the Oregon Health and
(2) Any student in the university who,
because of religious beliefs, is unable to attend classes on a particular day
shall be excused on that day from any examination, study requirement or work
requirement. However, at the students own expense the student shall make up
the examination, study requirement or work requirement missed because of the
absence. [1995 c.162 §30]
353.200
Rights of students in military ordered to active duty; rules. (1) A student at the Oregon Health and
(a) With regard to a course in which the
student is enrolled and for which the student has paid tuition and fees, the
right to:
(A) Withdraw from the course, subject to
the provisions of subsection (2) of this section;
(B) Receive a grade of incomplete and,
upon release from active duty, complete the course in accordance with the
practice of the university for completion of incomplete courses; or
(C) Continue and complete the course for
full credit, subject to the provisions of subsection (3) of this section;
(b) The right to a credit described in ORS
353.202 for all amounts paid for room, board, tuition and fees;
(c) If the student elects to withdraw from
the university, the right to be readmitted and reenrolled at the university
within one year after release from active duty without a requirement of
redetermination of admission eligibility; and
(d) The right to continuation of
scholarships and grants awarded to the student that were funded by the
university or the Oregon Student Assistance Commission before the student was
ordered to active duty.
(2) If the student elects to withdraw from
a course under subsection (1)(a)(A) of this section, the university may not:
(a) Give the student academic credit for
the course from which the student withdraws;
(b) Give the student a failing grade or a
grade of incomplete or make any other negative annotation on the students
record; or
(c) Alter the students grade point
average due to the students withdrawal from the course.
(3) A student who elects to continue and
complete a course for full credit under subsection (1)(a)(C) of this section is
subject to the following conditions:
(a) Course sessions the student misses due
to active duty shall be counted as excused absences and may not adversely
impact the students grade for the course or rank in the students class.
(b) The student may not be automatically
excused from completing course assignments due during the period the student
serves on active duty.
(c) A letter grade or a grade of pass may
be awarded only if, in the opinion of the teacher of the course, the student
completes sufficient work and demonstrates sufficient progress toward meeting
course requirements to justify the grade.
(4) The Oregon Health and Science
University Board of Directors shall adopt rules for the administration of this
section.
(5) As used in this section, member of
the military means a person who is a member of:
(a) The Oregon National Guard or the
National Guard of any other state or territory; or
(b) The reserves of the Army, Navy, Air
Force, Marine Corps or Coast Guard of the
353.202
Credit for room, board, tuition and fees for students ordered to active duty;
rules. (1)(a) The amount of
the credit specified in ORS 353.200 (1)(b) shall be based on:
(A) The amount of room and board paid by
the student for a term that the student does not complete because the student
is ordered to active duty; and
(B) The amount of tuition and fees paid by
the student for a course from which the student withdraws.
(b) The amount of the credit shall be
prorated based on the number of weeks remaining in the term or course when the
student withdraws.
(c) At the time a student withdraws from a
course at the Oregon Health and
(A) As a credit toward tuition and fees or
room and board if the student reenrolls at the university under ORS 353.200
(1)(c); or
(B) As a monetary payment.
(2) A student who elects to claim the
credit by the method described in subsection (1)(c)(A) of this section may
change the method of claiming the credit to the method described in subsection
(1)(c)(B) of this section by giving notice to the university.
(3) A student who elects to claim the
credit by the method described in subsection (1)(c)(A) of this section must use
the credit or change the method of claiming the credit under subsection (2) of
this section within one year after release from active duty.
(4) A personal representative of a student
who elected to claim the credit by the method described in subsection (1)(c)(A)
of this section may claim a monetary payment upon presenting evidence to the
university that the student died while serving on active duty.
(5) The Oregon Health and Science
University Board of Directors shall adopt rules for the administration of this
section, including rules that determine the amount of credit and the method by
which the credit is prorated. [2005 c.170 §9]
353.205
Credit for education and training received while serving in Armed Forces;
rules. The Oregon Health and
(Physical
Access Committee)
353.210
Purpose; members; duties.
(1) The Oregon Health and
(a) One or more students with disabilities
or, if there are no students with disabilities willing to participate, a person
with a disability who uses the universitys facilities;
(b) One or more members of the faculty or
staff with disabilities;
(c) The coordinator of services for
students with disabilities for the university;
(d) One or more administrators of the
university; and
(e) One or more members of the physical
plant staff of the university.
(2) The physical access committee shall
present its findings and recommendations to the administration of the
university, listing access needs and priorities for meeting those needs. These
findings and recommendations shall identify the barriers to access that prevent
persons with disabilities from meaningfully utilizing campus facilities related
to instruction, academic support, assembly and residence life.
(3) In preparing budget requests for each
biennium, the university shall include amounts for capital improvement that
will be applied to the substantial reduction and eventual elimination of
barriers to access by persons with disabilities as identified by the physical
access committee.
(4) Nothing in this section and ORS
185.155 and 341.937 requires the university to undertake projects for
accessibility that are not otherwise required unless such projects are funded
specifically by the Legislative Assembly. [1995 c.162 §29; 2007 c.70 §150]
PERSONNEL
353.250
Alternative retirement programs. Notwithstanding the provisions of ORS chapters 238 and 238A, the
Oregon Health and
353.260
Personnel records; access; control; creation. (1) Oregon Health and
(2) Policies adopted under subsection (1)
of this section shall require that personnel records be subjected to
restrictions on access unless the president of the university finds that the
public interest in maintaining individual rights to privacy in an adequate
educational environment would not suffer by disclosure of such records. Access
to such records may be limited to designated classes of information or persons,
or to stated times and conditions, or to both, but cannot be limited for
records more than 25 years old.
(3) No rule or order adopted pursuant to
this section shall deny to a faculty member full access to the members
personnel file or records kept by the university, except as provided in
subsection (4)(d) and (e) of this section.
(4)(a) The files relating to the
evaluation of a faculty member shall be kept in designated, available
locations.
(b) Any evaluation received by telephone
shall be documented in each of the faculty members files by means of a written
summary of the conversation with the names of the conversants identified.
(c) A faculty member shall be entitled to
submit, for placement in the files, evidence rebutting, correcting, amplifying
or explaining any document contained therein and other material that the member
believes might be of assistance in the evaluation process.
(d) Letters and other information for a
faculty member of the university submitted in confidence to the State Board of
Higher Education or its institutions, schools or departments prior to July 1,
1975, shall be maintained in the files designated by paragraph (a) of this
subsection. However, if a faculty member requests access to those files, the
anonymity of the contributor of letters and other information obtained prior to
July 1, 1975, shall be protected. The full text shall be made available, except
that portions of the text that would serve to identify the contributor shall be
excised by a faculty committee. Only the names of the contributors and the
excised portions of the documents may be kept in a file other than the files
designated by paragraph (a) of this subsection.
(e) Confidential letters and other
information submitted to or solicited by the university after July 1, 1995, and
prior to the employment of a prospective faculty member are exempt from the
provisions of this paragraph. However, if the member is employed by the
university, the confidential preemployment materials shall be placed in the
files designated by paragraph (a) of this subsection. If a faculty member
requests access to the members files, the anonymity of the contributor of
confidential preemployment letters and other preemployment information shall be
protected. The full text shall be made available, except that portions of the
text that would serve to identify the contributor shall be excised and retained
in a file other than the files designated by paragraph (a) of this subsection.
(f) Classroom survey evaluations by
students of a faculty members classroom or laboratory performance shall be
anonymous. The record of tabulated reports shall be placed in at least one of
the files designated by paragraph (a) of this subsection. All survey
instruments used to obtain evaluation data shall be returned to the faculty
member.
(g) The university, when evaluating its
employed faculty members, shall not solicit or accept letters, documents or
other materials, given orally or in written form, from individuals or groups
who wish their identity kept anonymous or the information they provide kept
confidential.
(5) No policy or order adopted pursuant to
this section limits the authority of the university to prepare, without
identification of individual persons who have not consented thereto,
statistical or demographic reports from personnel records.
(6) Any category of personnel records
specifically designated as confidential pursuant to valid policies or orders as
provided in this section shall not be deemed a public record for the purposes
of ORS 192.420.
(7) As used in this section, personnel
records means records containing information kept by the university concerning
a faculty member and furnished by the faculty member or by others about the
faculty member at the members or at the universitys request, including but
not limited to information concerning discipline, membership activity,
employment performance or other personal records of individual persons. [1995
c.162 §23; 1999 c.291 §9]
353.270
Compensation of officers and employees; conflicts of interest. (1) Oregon Health and
(a) Consulting;
(b) Appearances and speeches;
(c) Intellectual property conceived,
reduced to practice or originated and therefore owned within the university;
(d) Providing services or other valuable
consideration for a private corporation, individual or entity, whether paid in
cash or in kind, stock or other equity interest, or anything of value
regardless of whether there is a licensing agreement between the university and
the private entity;
(e) Performing public duties paid by
private organizations, including university corporate affiliates, that augment
an officers or employees publicly funded salary. Such income shall be
authorized and received in accordance with policies established by the
university; and
(f) Providing medical and other health
services.
(2) The university may not authorize
compensation, as described in subsection (1) of this section, that, in the
universitys judgment, does not comport with the missions of the university or
substantially interferes with an officers or employees duties to the
university.
(3) Any compensation described and
authorized under subsection (1) of this section is considered official
compensation or reimbursement of expenses for purposes of ORS 244.040 and is
not considered an honorarium prohibited by ORS 244.042. If authorization or
receipt of the compensation creates a potential conflict of interest, the
officer or employee shall report the potential conflict in writing in
accordance with policies of the university. The disclosure is a public record
subject to public inspection.
(4) The university shall adopt standards
governing employee outside employment and activities of employees, including potential
conflicts of interest, as defined by the university and consistent with ORS
244.020, and the public disclosure thereof, and procedures for reporting and
hearing potential or actual conflict of interest complaints. [1995 c.162 §24;
1999 c.291 §10; 2007 c.877 §27]
353.280
Faculty; status; powers. The
president and professors constitute the faculty of the Oregon Health and
353.290
Reductions in faculty; affirmative action plans and goals. The Oregon Health and
(1) Reductions in revenue that necessitate
discontinuance of its educational program at its anticipated level;
(2) Elimination of classes due to
decreased student enrollment; or
(3) Reduction in courses due to
administrative decisions. [1995 c.162 §31]
353.300
Political or sectarian test prohibited in appointment of faculty or employees. No political or sectarian test shall ever be
allowed or applied in the appointment of faculty and other employees of the
Oregon Health and
FINANCE
(Generally)
353.330
Effect of law on bonds, certificates of participation or agreements for
borrowing money; responsibility for payment; rights of holders of obligations. (1) Nothing in chapter 162, Oregon Laws
1995, shall be construed in any way to impair the obligations or agreements of
the State of Oregon or the State Board of Higher Education with respect to
bonds, certificates of participation, financing agreements or other agreements
for the borrowing of money issued prior to July 1, 1995, by the State of Oregon
on behalf of the State Board of Higher Education for equipment or projects for
Oregon Health and Science University. The university and the Oregon University
System shall take all actions necessary to ensure full compliance with all
indentures, resolutions, declarations, agreements and other documents issued
with respect to the bonds, certificates of participation, financing agreements
or other agreements for the borrowing of money issued prior to July 1, 1995, by
the State of Oregon on behalf of the State Board of Higher Education for
equipment or projects for the university. The Oregon University System and the
university shall establish, in a written agreement that shall be subject to the
approval of the State Treasurer, the responsibility of the university for the
payment to the Oregon University System of moneys sufficient to pay when due
all principal, interest and any other charges on bonds, certificates of
participation, financing agreements or other agreements for the borrowing of
money issued prior to July 1, 1995, by the State of Oregon on behalf of the
State Board of Higher Education for equipment or projects for the university.
(2) Holders of obligations issued by the
university on or after July 1, 1995, may be paid pari passu with the
obligations issued by the State of Oregon on behalf of the State Board of
Higher Education for equipment or projects for the university prior to July 1,
1995, from the rents, revenues, receipts, appropriations or other income of the
university, but only to the extent that:
(a) Such holders have no rights, liens or
other interests with respect to such rents, revenues, receipts, appropriations
or other income of the university that are senior or superior to the rights
granted to the holders of obligations issued prior to July 1, 1995, by the
State of Oregon on behalf of the State Board of Higher Education for equipment
or projects for the university; and
(b) The State Board of Higher Education,
the Oregon Department of Administrative Services or the State of Oregon, acting
for the benefit of such holders of obligations, is granted a lien or other
security interest in the rents, revenues, receipts, appropriations or other
income of the university that is not junior to and is at least pari passu with
any lien or other security interest granted to the holders of obligations
issued by the university.
(3) Any expenses, including legal
expenses, judgments, liabilities and federal arbitrage and rebate penalties
arising from the actions of the university, if incurred with respect to bonds,
certificates of participation, financing agreements or other agreements for the
borrowing of money issued prior to July 1, 1995, by the State of Oregon on
behalf of the State Board of Higher Education for equipment or projects for the
university, shall be paid when due by the university, subject to the universitys
right to reasonably contest such charges, judgments, liabilities or penalties.
The university shall assist the Controller of the Oregon University System in
making any necessary calculations and filing any necessary reports related to
arbitrage and rebate on such indebtedness.
(4) Any amounts deposited with the State
Treasurer, the Controller of the Oregon University System, the Oregon
Department of Administrative Services or its designated agents in any debt
service in reserve accounts for the debt service associated with any bonds,
certificates of participation, financing agreements or other agreements for the
borrowing of money issued prior to July 1, 1995, by the State of Oregon on
behalf of the State Board of Higher Education for equipment or projects for the
university shall remain with the State Treasurer, the Controller of the Oregon
University System, the Oregon Department of Administrative Services or its
designated agents until such time as the bonds, certificates of participation,
financing agreements or other agreements for the borrowing of money for which
such reserve accounts have been established have been retired or defeased. The
university shall be credited with the investment earnings on such reserve accounts.
[1995 c.162 §58; 1999 c.291 §11]
Note: Legislative Counsel has substituted chapter
162, Oregon Laws 1995, for the words this Act in section 58, chapter 162,
Oregon Laws 1995, compiled as 353.330. Specific ORS references have not been
substituted pursuant to 173.160. These sections may be determined by referring
to the 1995 Comparative Section Table located in Volume 20 of ORS.
(Bonds)
353.340
Issuance and sale of revenue bonds by university. Oregon Health and
353.350
Revenue bonds considered bonds of political subdivision. Revenue bonds issued by the Oregon Health
and
353.360
Refunding bonds. Refunding
bonds of the same character and tenor as those replaced thereby may be issued
by the Oregon Health and Science University pursuant to ORS 287A.360 to
287A.380. [1995 c.162 §61; 2007 c.783 §158]
353.370
Notice to Legislative Assembly required if shortfall in moneys exists for
payment of amounts under bonds, certificates of participation or agreements for
borrowing money. In addition
to, and not in limitation of, the means of satisfying state general obligation
bond obligations under ORS 291.445, Oregon Health and Science University,
promptly upon the discovery of any shortfall in moneys available to the
university for the payment when due of amounts under any bonds, certificates of
participation, financing agreements or other agreements for the borrowing of
moneys issued prior to July 1, 1995, by the State of Oregon on behalf of the
State Board of Higher Education for equipment or projects for the university,
shall notify in writing the Legislative Assembly, or if the Legislative
Assembly is not in session, the Emergency Board, of the existence and amount of
the shortfall. The Legislative Assembly or the Emergency Board, as the case may
be, may provide funds to satisfy the payment of any such amount. By enacting
this provision, the Legislative Assembly acknowledges its current intention to
provide, from funds other than those appropriated or otherwise made available
to the Oregon University System, funds to pay such amount. However, except as
may be required by the Oregon Constitution or ORS 291.445, neither the
Legislative Assembly nor the Emergency Board shall have any legal obligation to
provide funds under this section. [1995 c.162 §61a; 1999 c.291 §13]
(Financial
Agreements)
353.380
Definitions for ORS 353.380 to 353.420. As used in ORS 353.380 to 353.420:
(1) Credit enhancement agreement means
any agreement or contractual relationship between the Oregon Health and Science
University and any bank, trust company, insurance company, surety bonding
company, pension fund or other financial institution providing additional
credit on or security for a financing agreement or certificates of
participation authorized by ORS 353.380 to 353.420.
(2) Financing agreement means a
lease-purchase agreement, an installment sale agreement, a loan agreement, note
agreement, short-term promissory notes, commercial papers, lines of credit or
similar obligations or any other agreement to finance real or personal property
that is or will be owned and operated by the university, or to refinance
previously executed financing agreements.
(3) Personal property means tangible
personal property, software and fixtures.
(4) Property rights means, with respect
to personal property, the rights of a secured party under ORS chapter 79, and,
with respect to real property, the rights of a trustee or lender under a lease
authorized by ORS 353.410 (4).
(5) Software means software and training
and maintenance contracts related to the operation of computing equipment. [1995
c.162 §17; 2001 c.445 §174]
353.390
Authority; limitations.
Oregon Health and
353.400
Delegation of board authority.
The Oregon Health and Science University Board of Directors may delegate to any
board member, officer or employee of the Oregon Health and Science University
the authority to determine maturity dates, principal amounts, redemption
provisions, interest rates or methods for determining variable or adjustable
interest rates, denominations and other terms and conditions of such
obligations that are not appropriately determined at the time of enactment or
adoption of the authorizing resolution. The board may also delegate entering
into financing agreements or any other instruments authorized by law. This
delegated authority shall be exercised subject to applicable requirements of
law and such limitations and criteria as may be set forth in the authorizing
resolution. [1995 c.162 §19]
353.410
University powers regarding financing agreements and credit enhancement
agreements. Oregon Health
and
(1) Enter into agreements with third
parties to hold financing agreement proceeds, payments and reserves as security
for lenders, and to issue certificates of participation in the right to receive
payments due from the university under a financing agreement. Amounts so held
shall be invested at the direction of the Oregon Health and Science University
Board of Directors. Interest earned on any investments held as security for a financing
agreement may, at the option of the board, be credited to the accounts held by
the third party and applied in payment of sums due under a financing agreement.
(2) Enter into credit enhancement
agreements for financing agreements or certificates of participation, provided
that such credit enhancement agreements shall be payable solely from funds
specifically pledged, budgeted for or otherwise made available by the
university and amounts received from the exercise of property rights granted
under such financing agreements.
(3) Use financing agreements to finance
the costs of acquiring or refinancing real or personal property, plus the costs
of reserves, credit enhancements and costs associated with obtaining the
financing.
(4) Grant leases of real property with a
trustee or lender. Such leases may be for a term that ends on the date on which
all amounts due under a financing agreement have been paid or provision for
payment has been made, or up to 20 years after the last scheduled payment under
a financing agreement, whichever is later. Such leases may grant the trustee or
lender the right to evict the university and exclude it from possession of the
real property for the term of the lease if the university fails to pay when due
the amounts scheduled to be paid under a financing agreement, or otherwise
defaults under a financing agreement. Upon default, the trustee or lender may
sublease the land to third parties and apply any rentals toward payments
scheduled to be made under a financing agreement.
(5) Grant security interests in personal
property to trustees or lenders.
(6) Make pledges for the benefit of
trustees and lenders.
(7) Purchase fire and extended coverage or
other casualty insurance for property that is acquired or refinanced with
proceeds of a financing agreement, assign the proceeds thereof to a lender or
trustee to the extent of their interest, and covenant to maintain such
insurance while the financing agreement is unpaid, so long as available funds
are sufficient to purchase such insurance. [1995 c.162 §20; 1999 c.291 §15]
353.420
Effect of financing agreement on tax status. A lease or financing agreement under ORS 353.380 to 353.420 shall not
cause property to be subject to property taxation and shall be disregarded in
determining whether property is exempt from taxation under ORS chapter 307. [1995
c.162 §21]
PROGRAMS
353.440
Coordination of programs with
(1) Institutions in the Oregon University
System and other educational sectors have academic programs that are related to
or integrated with the programs of Oregon Health and
(2) It is in the best interest of the
state that a coordinated approach be taken to these related and integrated
academic programs.
(3) In order to best ensure the continued
harmony of such academic programs, the university and the Oregon University
System shall coordinate such programs and shall advise each other of the
following proposed changes to such academic programs:
(a) Creation or significant revision, such
as a merger or closure, of degree programs;
(b) Creation or significant revision, such
as a merger or closure, of schools; and
(c) Creation or significant revision of
major academic policies.
(4) In order to further the coordination
described by this section, university officers shall maintain a role in the
appropriate committees of the State Board of Higher Education and the Oregon
University System. [1995 c.162 §12; 1999 c.291 §16]
353.445
Venture grant program. The
Oregon Health and Science University Board of Directors shall adopt a policy
that prescribes the requirements for a venture grant program and the
requirements that a grant applicant must meet in order to receive grant moneys
from the university venture development fund operated by Oregon Health and
(1) That a grant recipient remain within
this state for at least five years following the receipt of a grant or repay
the grant plus interest;
(2) That the university report amounts of
tax credit certificates issued by the university and cease issuing certificates
until the total amount owed to the General Fund by the university at any one
time under ORS 351.697 (6) does not exceed $2.4 million; and
(3) That the university maintain records
of income realized by the university as the result of grants made from the fund
and records of amounts paid to the General Fund. [2005 c.592 §3; 2007 c.586 §3]
Note: 353.445 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 353 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
353.450
Area Health Education Center program; continuing education programs for physicians
in rural areas; emergency medical technician training in rural areas. (1) It is the finding of the Legislative
Assembly that there is need to provide programs that will assist a rural
community to recruit and retain physicians, physician assistants and nurse
practitioners. For that purpose:
(a) The Legislative Assembly supports the
development at the Oregon Health and
(b) The university shall provide
continuing education opportunities for persons licensed to practice medicine
under ORS chapter 677 who practice in rural areas of this state in cooperation
with the respective professional organizations, including the Oregon Medical
Association and the Oregon Society of Physician Assistants.
(c) The university shall seek funding
through grants and other means to implement and operate a fellowship program
for physicians, physician assistants and nurse practitioners intending to
practice in rural areas.
(2) With the moneys transferred to the
(a) Establish educational opportunities
for emergency medical technicians in rural counties;
(b) Contract with educational facilities
qualified to conduct emergency medical training programs using a curriculum
approved by the Emergency Medical Services and Trauma Systems Program; and
(c) Review requests for training funds
with input from the State Emergency Medical Service Committee and other
individuals with expertise in emergency medical services. [Formerly 352.095;
1999 c.1056 §8]
353.460
Center for Research on Occupational and Environmental Toxicology. (1) Subject to the provisions of sections 13
and 16, chapter 770, Oregon Laws 1985, there is created a Center for Research
on Occupational and Environmental Toxicology. The Oregon Health and
(2) The purposes of the center may
include, but are not limited to, reducing the incidence of disease and reducing
the costs and dangers to employers and employees associated with occupational
disease. Specific functions of the center may include:
(a) Basic and applied research into the
incidence and causes of occupational diseases.
(b) Epidemiology and other data
collection.
(c) Design of programs for clinical
management of occupational diseases.
(d) Education and training programs.
(3) Although the output of the centers
programs is intended to be of statewide use for employers, employees, health
professionals and the public concerning occupational disease, it is not
intended that the center shall assume any of the responsibilities or functions
of the physical rehabilitation facility operated by the Director of the Department
of Consumer and Business Services. The center may offer programs of diagnosis
and treatment of occupational disease, but it is expected that such services
shall be compensable under ORS chapter 656. [Formerly 352.073]
353.470
Funding of center. It is
expected that the Center for Research on Occupational and Environmental
Toxicology will operate, on an ongoing basis, from funds provided by the
Department of Consumer and Business Services, in addition to any gifts, grants
or donations made to carry out the activities of the center. Oregon Health and
353.480
Pediatric dental residency program. Subject to the availability of funding, the Oregon Health and Science
University shall establish the pediatric dental residency program only to the
extent that funds are appropriated to the Oregon Department of Administrative
Services for the Oregon Health and Science University public corporation to
establish the program under section 1, chapter 1083, Oregon Laws 1999. [1999
c.1083 §2]
Note: 353.480 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 353 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
353.550
Definitions for ORS 353.550 to 353.563 and sections 10, 12, 14, 16 and 18, chapter
921,
(1) Bond-related costs means:
(a) The costs and expenses of issuing,
administering and maintaining bonds issued under ORS 353.550 to 353.563 and
sections 10, 12, 14, 16 and 18, chapter 921, Oregon Laws 2001, and the bond
program under ORS 353.550 to 353.563 and sections 10, 12, 14, 16 and 18,
chapter 921, Oregon Laws 2001, including but not limited to:
(A) Paying or redeeming the bonds;
(B) Paying amounts due in connection with
credit enhancement or any reserve instruments; and
(C) Paying the administrative costs and
expenses of the State Treasurer and the Oregon Department of Administrative
Services, including costs of consultants, attorneys and advisors retained by
the State Treasurer or the Oregon Department of Administrative Services for the
bonds or the bond program;
(b) The costs of funding any bond
reserves;
(c) Capitalized interest for the bonds;
(d) Rebates or penalties due to the
(e) Any other costs or expenses that the
State Treasurer or the Oregon Department of Administrative Services determines
are necessary or desirable in connection with issuing the bonds or maintaining the
bond program.
(2) Capital costs means the costs of
acquiring, constructing, improving or equipping capital projects or other
capital expenditures necessary or desirable to create, develop, maintain or
directly or indirectly finance the Oregon Opportunity program.
(3) Indirect financing means financing
capital costs of Oregon Health and Science University unrelated to the Oregon
Opportunity program so that an equivalent amount of moneys may be used to pay
capital costs and noncapital costs of the Oregon Opportunity program.
(4) Master Settlement Agreement means
the Master Settlement Agreement, and related documents, entered into on
November 23, 1998, by the State of
(5) Noncapital costs means the costs of
programs, scholarships, endowments, research infrastructure and recruitment of
scientists and researchers, or other noncapital costs or expenses, necessary or
desirable to create, develop, maintain or directly or indirectly finance the
Oregon Opportunity program.
(6) Oregon Opportunity program means the
program created by Oregon Health and
353.553
Short title. ORS 353.550 to
353.563 and sections 10, 12, 14, 16 and 18, chapter 921, Oregon Laws 2001,
shall be known and may be cited as the Oregon Opportunity Act. [2001 c.921 §2]
353.556
Purpose; policy; findings; intent. (1) The purpose of ORS 353.550 to 353.563 and sections 10, 12, 14, 16
and 18, chapter 921, Oregon Laws 2001, is to directly or indirectly finance
Oregon Health and
(2) It is the policy of the State of
(3) The Legislative Assembly finds that:
(a)
(b) Research breakthroughs are expected to
fuel tremendous economic growth, and
(c) The state should support Oregon Health
and
(d) There is a limited window of
opportunity to capitalize on the surge in biotechnology growth, stemming from
the completion of the United States Human Genome Project.
(4) It is the intent of the Legislative
Assembly that:
(a) Oregon Health and Science University
pursue the Oregon Opportunity program in a manner that is consistent with the
public missions stated in ORS 353.030 (2), which directs the university to
strive for excellence in education, research, clinical practice, scholarship
and community service while maintaining compassion, personal and institutional
integrity and leadership in carrying out its missions;
(b) The Oregon Opportunity program benefit
all Oregonians through increased medical research and sustainable economic
development from biotechnology and related fields; and
(c) The State Treasurer shall issue
pursuant to a grant agreement, as soon as practicable, general obligation bonds
during the 2001-2003 and 2003-2005 biennia in an aggregate principal amount
that produces net proceeds for the Oregon Opportunity program in an amount
equal to $200 million plus the amount of any costs and expenses of issuing the
bonds.
(5) To maximize the benefits of low
interest tax-exempt bonds, costs of the Oregon Opportunity program may be
financed directly or indirectly by the state. [2001 c.921 §4; 2001 c.921 §4a]
353.559
Creation; university duties; expenditure of proceeds. (1) Oregon Health and
(a) Research on cancer, heart disease,
multiple sclerosis, Parkinsons disease and Alzheimers disease;
(b) Research on autism spectrum disorder;
(c) Childrens health and womens health;
(d) Hearing research;
(e) Advanced eye research;
(f) Aging research;
(g) Rural health initiatives;
(h) Research on public health, health care
ethics, health information science and health outcomes; and
(i) Other health care, biotechnology and
related research.
(2) Oregon Health and
(a) Not less than five percent of the
universitys share of the net proceeds of royalties and licenses attributable
to the Oregon Opportunity program to meeting the universitys missions of
providing access to medical services to people who are underserved and
promoting further study in the areas of public health, health care ethics,
health information science and health outcomes. The proceeds shall be
distributed as follows:
(A) 50 percent to providing access to
medical services to people who are underserved; and
(B) 50 percent to establishing endowments
to support research on public health, health care ethics, health information
science and health outcomes.
(b) Not less than five percent of the
universitys share of the net proceeds of royalties and licenses attributable
to the Oregon Opportunity program to the payment of bond-related costs then due
and payable by the state and deposit those amounts into the Oregon Health and
Science University Bond Fund established in section 14, chapter 921, Oregon
Laws 2001. If the dedicated amount exceeds the amount necessary to pay
bond-related costs, the excess shall be deposited in the General Fund.
(3) Notwithstanding subsection (2) of this
section, any obligation of the university to dedicate or distribute a share of
the net proceeds of royalties and licenses attributable to the Oregon
Opportunity program under subsection (2) of this section:
(a) Shall be subordinate to the universitys
obligation to pay obligations issued under the universitys Master Trust
Indenture, dated December 1, 1995, as amended or supplemented; and
(b) Does not constitute a lien on the
gross revenues of the university as Lien and Gross Revenues are defined in
the Master Trust Indenture. [2001 c.921 §5]
353.563
Task force on program impact on university missions. (1) There is established a task force at
Oregon Health and
(2) The review by the task force shall
include but not be limited to:
(a) Whether the Oregon Opportunity program
competes with or enhances the teaching, patient care, research and community
service missions of the university;
(b) Whether new discoveries increase the
cost of health care or make health care more efficient;
(c) Whether there are additional economic
implications of technological advances in health care;
(d) How access to high-quality clinical
care can be maintained for
(e) Whether the universitys high standard
of clinical care and the universitys commitment to vulnerable populations is
compromised or enhanced; and
(f) Whether animal research at the
university is being done in an ethical and humane manner.
(3) The task force shall consist of:
(a) Two members who are members of the
House of Representatives, appointed by the Speaker of the House of
Representatives;
(b) Two members who are members of the
Senate, appointed by the President of the Senate;
(c) Six members from the university,
appointed by the president of the university, who represent:
(A) The ethics center;
(B) Academic programs;
(C) Patient care programs;
(D) Community service and outreach
programs;
(E) Financial administration; and
(F) Research programs; and
(d) Three public members, appointed by the
Governor, who represent:
(A) The public health and health policy
community;
(B) Advocates for persons who are
medically underserved; and
(C) The medical community.
(4) The term of office of each legislative
member is two years and the term of office of each nonlegislative member is
four years. Each member serves at the pleasure of the appointing authority.
Before the expiration of the term of a member, the appointing authority shall
appoint a successor. A member is eligible for reappointment. If there is a
vacancy for any cause, the appointing authority shall make an appointment to
become immediately effective for the unexpired term.
(5) A nonlegislative member of the task
force is entitled to compensation and expenses as provided in ORS 292.495. A
legislative member of the task force is entitled to compensation and expenses
as provided in ORS 171.072 from funds appropriated to the Legislative Assembly
for such purposes.
(6) The task force shall select one of its
members as chairperson and another as vice chairperson, for such terms and with
duties and powers necessary for the performance of the functions of such
offices as the task force determines.
(7) A majority of the members of the task
force constitutes a quorum for the transaction of business.
(8) The task force shall schedule public
hearings for the purpose of gathering information from interested parties. The
task force shall meet at times and places specified by the call of the
chairperson or of a majority of the members of the task force.
(9) The university shall provide staff
support to the task force.
(10) Prior to July 1 of each even-numbered
year, the task force shall report its findings from the review to the Governor
and any interim legislative committees on human resources. [2001 c.921 §6]
NURSING
EDUCATION PROGRAM GRANTS
353.600
Definitions for ORS 353.600 to 353.612. As used in ORS 353.600 to 353.612:
(1) Committee means the Oregon Nursing
Shortage Coalition Committee created in ORS 353.606.
(2) Post-secondary education institution
means:
(a) A state institution under the
direction of the State Board of Higher Education;
(b) A community college operated under ORS
chapter 341;
(c) A school or division of Oregon Health
and
(d) An Oregon-based, generally accredited,
not-for-profit private institution of higher education. [2003 c.697 §2]
353.603
Grant distribution; administrative expenses; contributions. (1) Oregon Health and
(2) Grants distributed under this section
to a community college or state institution of higher education may be based on
an intergovernmental agreement entered into by Oregon Health and
(3) Oregon Health and
(4) Oregon Health and
(5) Oregon Health and
353.606
(2) The committee consists of 10 members,
as follows:
(a) Two members who represent the Oregon
State Board of Nursing appointed by the board.
(b) Two members who represent the
Northwest Organization of Nurse Executives appointed by the Oregon State Board
of Nursing from a list of persons submitted to the board by the Northwest
Organization of Nurse Executives.
(c) Two members who represent the Oregon
Nurses Association appointed by the Oregon State Board of Nursing from a list
of persons submitted to the board by the Oregon Nurses Association.
(d) One member appointed by the Oregon
State Board of Nursing who represents Oregon-based, generally accredited,
not-for-profit private institutions of higher education from a list of persons
submitted to the board by the Oregon Independent Colleges Association.
(e) Two members appointed by the
Commissioner for Community College Services from a list of persons submitted to
the commissioner by the Oregon Community College Association.
(f) One member who represents Oregon
Health and
(3) When appointing members to the
committee, the Oregon State Board of Nursing, the Commissioner for Community
College Services and Oregon Health and
(a) Rural western
(b) Coastal
(c)
(d) Urban areas.
(4) The term of office of each member is
four years, but a member serves at the pleasure of the appointing authority.
Before the expiration of the term of a member, the appointing authority shall
appoint a successor whose term begins on July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately effective for the
unexpired term.
(5) The committee shall elect one of its
members to serve as chairperson and another to serve as vice chairperson, for
the terms and with the duties and powers necessary for the performance of the
functions of such offices as the committee determines.
(6) The committee shall meet at times and
places specified by the call of the chairperson or of a majority of the members
of the committee.
(7) A majority of the members of the
committee constitutes a quorum for the transaction of business.
(8) Members of the committee are entitled
to actual and necessary travel expenses in the manner and amounts provided for
in ORS 292.495. Claims for expenses incurred in performing functions of the
committee shall be paid out of funds received by Oregon Health and
(9) Oregon Health and
353.609
Duties of committee; grant criteria; use of grant funds. (1) The Oregon Nursing Shortage Coalition
Committee shall:
(a) Adopt criteria for awarding grants to
post-secondary education institutions under this section;
(b) Based on the criteria, select post-secondary
education institutions to receive grants to support nursing education programs;
and
(c) Determine the amounts of the grants to
be distributed under ORS 353.603.
(2) The goal of the committee in adopting
criteria and selecting grant recipients shall be to increase the capacity of
nursing education programs statewide.
(3) The criteria adopted by the committee
shall include, but not be limited to, consideration for:
(a) Whether the grant funds will be used
to increase the capacity of a nursing education program;
(b) Whether the grant funds will be
matched with funds from other sources or used to leverage additional funds from
other sources;
(c) Ensuring that grant funds are awarded
for nursing education programs in both urban areas and rural areas of the
state;
(d) Ensuring that grant funds are used to
increase the capacity for all levels of nursing education; and
(e) Ensuring that grant funds are used to
increase the diversity of people who enter nursing education programs,
including targeting underrepresented groups of people in the nursing
profession.
(4) The total amount of grants awarded by
the committee may not exceed the amount of moneys available for distribution as
grants.
(5) A post-secondary education institution
awarded a grant under this section may use the grant funds to:
(a) Develop nursing education program
infrastructure;
(b) Train additional nurse educators;
(c) Develop regional learning
laboratories;
(d) Provide technical support to nursing
education programs;
(e) Create learning materials that
supplement available faculty expertise;
(f) Coordinate student clinical
experiences statewide; and
(g) Expand the capacity of nursing
education programs to train new nurses across the state. [2003 c.697 §6]
353.612
Nursing Education Grant Fund.
(1) The Nursing Education Grant Fund is established separate and distinct from
the General Fund. All moneys received by the Oregon Department of
Administrative Services or Oregon Health and
(2) Interest earned from the Nursing
Education Grant Fund shall be credited to the fund.
(3) All moneys in the Nursing Education
Grant Fund are continuously appropriated to the department for allocation to
the university for the purposes of ORS 353.600 to 353.612. [2003 c.697 §3a]
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