2019 Oregon Revised Statutes
Volume : 12 - Public Health
Chapter 431 - State and Local Administration and Enforcement of Public Health Laws
Section 431.382 - Transfer of local public health authority’s responsibility; effective date of transfer; eligibility to receive moneys; written agreements; rules.
(1) If the Oregon Health Authority does not receive state moneys in an amount that equals or exceeds the estimate that the Oregon Health Authority submits to the Legislative Fiscal Office under ORS 431.380 (2), the governing body of the county in which a local public health authority operates or the governing body of a local public health authority may adopt an ordinance or resolution transferring the responsibility for fulfilling the local public health authority’s duties under ORS 431.001 to 431.550 and 431.990 and the other public health laws of this state to the Oregon Health Authority. An ordinance or resolution adopted under this section must specify the disparity in moneys received as described in this subsection.
(2) The Oregon Health Authority shall prescribe the form and manner of informing the Oregon Health Authority that the local public health authority has made a transfer under this section.
(3) A transfer under this section may not take effect until 180 days after the date on which an ordinance or resolution mandating the transfer is adopted unless the Oregon Health Authority agrees to an earlier effective date.
(4) The local public health authority that makes a transfer under this section is not eligible to receive any moneys pursuant to ORS 431.380, and the Oregon Health Authority may use the moneys to provide or to contract for the provision of public health programs and public health activities within the local public health authority’s jurisdiction.
(5) If a local public health authority makes a transfer under this section, the Oregon Health Authority:
(a) Is not obligated to provide or to contract for the provision of public health programs and public health activities within the local public health authority’s jurisdiction; and
(b) Has the authority of a local public health authority and local public health administrator within the former local public health authority’s jurisdiction.
(6)(a) The governing body of a county or local public health authority that has transferred the responsibility for fulfilling the local public health authority’s duties to the Oregon Health Authority under subsection (1) of this section may request that the Oregon Health Authority transfer the responsibilities back to the local public health authority.
(b) Upon the receipt of a request made under this subsection, the Oregon Health Authority and the governing body of the county or local public health authority that submitted the request shall enter into an agreement that provides a schedule for, and includes any other information necessary to effectuate, the transfer of responsibilities to the local public health authority. Upon completion by the Oregon Health Authority and the governing body of the terms of the agreement described in this paragraph, the governing body may repeal the ordinance or resolution adopted under subsection (1) of this section.
(c) Unless the criteria established under this paragraph are met, and the Oregon Health Authority agrees to an earlier date pursuant to subsection (3) of this section, the governing body of a county or local public health authority described in this subsection may not request that the Oregon Health Authority transfer responsibilities back to the local public health authority sooner than four years from the date described in subsection (3) of this section. The Oregon Health Authority shall establish by rule criteria described in this paragraph.
(d) A request made under this subsection must include the rationale for the request to transfer responsibilities back to the local public health authority.
(e) Nothing in this subsection is intended to alter or terminate before the specified term an agreement or contract that the Oregon Health Authority entered into during the period when the Oregon Health Authority was fulfilling the responsibilities of the local public health authority.
(7)(a) The governing body of a county or local public health authority that adopts an ordinance or resolution pursuant to subsection (1) of this section shall enter into a written agreement with the Oregon Health Authority regarding the transfer.
(b) If the governing body of a county or local public health authority makes a request under subsection (6) of this section, the governing body shall enter into a written agreement with the Oregon Health Authority regarding the transfer back to the local public health authority. The agreement must include a description of the reason or reasons that the governing body made the request under subsection (6) of this section.
(c) The Oregon Health Authority may determine the form and manner of the records described in this subsection. [2015 c.736 §29; 2017 c.627 §5; 2019 c.321 §3]
Note: 431.382 was added to and made a part of 431.001 to 431.550 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
