Oregon Administrative Code

333-050-0330 Updating Immunization Report Forms; Local Health Department Review (1) No later than 12 calendar days after the mandatory exclusion date, the administrator shall ensure that: (a) The Immunization Report form returned from the local health department is updated by app…

333-050-0340 Vaccine Shortages (1) A child shall not be excluded from a children’s facility or school for failing to receive a required vaccine if the State Public Health Officer has determined that there is a vaccine shortage under ORS 433.040 and that is the reason the child ha…

333-050-0350 School/Facility Compliance and Civil Penalties (1) If a school or facility fails to comply with these rules, the local health department shall notify that school or facility in writing, by electronic mail or letter, informing them of the following: (a) The specific r…

333-050-0360 Updating Records (1) The administrator is responsible for updating records each time a child’s parent, health care practitioner, or an authorized representative of the local health department provides evidence of immunization or exemption. (2) The administrator shall…

333-050-0370 Validation Surveys (1) The local health department or the Public Health Division may conduct school or facility record validation surveys to ensure compliance with ORS 433.235 through 433.280 and these rules. (2) If the local health department or Public Health Divisi…

333-050-0380 Annual Reporting Requirements (1) For purposes of this rule, “local area” is defined as the jurisdiction of the local health department. (2) The local health department shall submit the numbers from each school and children’s facility’s Immunization Report to the Pub…

333-050-0390 Second Dose Measles in Post Secondary Educational Institutions (1) Each post-secondary education institution, except for a community college, shall require, subject to section (4) of this rule, that each entering full-time student born on or after January 1, 1957, ha…

333-050-0400 Second Dose Measles in Community Colleges (1) Each community college shall require, subject to section (3) of this rule, that students born on or after January 1, 1957, involved in the following, have two doses of measles vaccine prior to each student's participation…

333-050-0410 Vaccine Education Module (1) The Public Health Division will make available to parents a no-cost Internet-based vaccine educational module that includes: (a) Information consistent with information published by the U.S. Centers for Disease Control and Prevention; (b)…

333-052-0030 Program Overview (1) The purpose of the Oregon Farm Direct Nutrition Program is to: (a) Provide locally grown, fresh, nutritious, unprepared fruits, vegetables, and cut culinary herbs to participants in the Special Supplemental Nutrition Program for Women, Infants an…

333-052-0040 Definitions (1) "Adequate participant access" means there are authorized farmers sufficient for participant need. (2) "Agreement" means a written legal document binding the farmer and the Oregon Health Authority (Authority) to designated terms and conditions. (3) "Au…

333-052-0043 Senior Participant Eligibility and Benefits (1) An individual is eligible for the Senior Farm Direct Nutrition Program if the individual meets all the following eligibility criteria on April 1 of the calendar year in which benefits are sought: (a) Has income less tha…

333-052-0044 WIC Participant Eligibility and Benefits (1) A WIC participant is eligible to receive WIC Farm Direct Nutrition Program benefits if the participant meets all the following eligibility criteria on the date of Farm Direct benefit issuance: (a) Is currently receiving be…

333-052-0050 Eligible Foods (1) Farm Direct vouchers may be used to purchase only eligible foods. (2) Ineligible items include, but are not limited to: (a) Baked goods, cheeses, cider, crafts, dairy products, dried fruits, dried herbs, dried vegetables, eggs, non-edible flowers, …

333-052-0060 Farmer Participation (1) Only authorized farmers may accept Farm Direct vouchers from participants in exchange for eligible foods. Authorized farmers may not accept vouchers from unauthorized farmers. (2) To be eligible for participation in the Program, a farmer appl…

333-052-0065 Farmer Agreements (1) A farmer application and a farmer agreement must both be signed by a representative who has legal authority to obligate the farmer. (2) The farmer must agree in the farmer agreement to comply with Program rules, as applicable to farmers. (3) The…

333-052-0080 Farmer Participation Requirements, Violations and Sanctions (1) An authorized farmer must: (a) Comply with the Oregon Farm Direct Nutrition Program (Program) requirements and standards in Program rules, 7 CFR 248, 7 CFR 249, and the terms and conditions of the farmer…

333-052-0100 Oregon Health Authority Responsibilities The Oregon Health Authority (Authority) must: (1) Administer the Oregon Farm Direct Nutrition Program (Program) in accordance with 7 CFR 248 (Farmers’ Market Nutrition Program) and 7 CFR 249 (Senior Farmers’ Market Nutrition P…

333-052-0110 Monitoring (1) The Oregon Health Authority (Authority) must monitor farmers for compliance with applicable laws and rules, including on-site investigation of randomly selected farmers. (2) The Authority may conduct covert compliance buys of Farm Direct-authorized far…

333-052-0120 Complaints (1) Anyone wishing to file a complaint against a Farm Direct participant, an authorized farmer, a farmers market, a farm stand, or the Oregon Farm Direct Nutrition Program (Program) may do so in the following manner: (a) Send a written comment to the WIC C…

333-052-0130 Appeals (1) Farmers are entitled to a hearing as provided by the Administrative Procedures Act (ORS chapter 183) for a denial of participation, imposition of a sanction, or disqualification. (2) Individuals who do not receive a Farm Direct benefit are not entitled to…

333-053-0000 Suspension of WIC Program (1) Notwithstanding any other rules in this division, all WIC program benefits are suspended if there is a government or WIC program closure or if the government does not provide WIC funding. A suspension shall remain in effect until such ti…

333-053-0030 Description of the WIC Program (1) The WIC program is a federally funded program established in 1972 by an amendment to the Child Nutrition Act of 1966. The purpose of the WIC program is to serve as an adjunct to health care by providing: nutrition education and coun…

333-053-0040 Definitions (1) "Adjunctively income eligible" means an applicant or participant who is eligible for WIC because they are: (a) Certified and fully eligible to receive benefits for the: (A) Food Distribution Program on Indian Reservations (FDPIR); (B) Supplemental Nut…

333-053-0050 Participant Eligibility (1) In order to be eligible for the WIC program, at the time of application an applicant must: (a) Be a pregnant woman, a breastfeeding woman less than one year after delivery, a non-lactating, post-partum woman less than six months after deli…

333-053-0060 Participant Information (1) Applicants shall provide accurate information as part of the certification process. (2) State or local WIC staff may verify any of the information provided by the applicant, participant, or participant’s caretaker. (3) The WIC program may …

333-053-0075 eWIC Cards (1) At the time of certification, a first cardholder will be identified and issued a eWIC card for the family. (a) If a family requires more than one authorized shopper, a second eWIC card for use by the family’s second cardholder will be issued. (b) Each …

333-053-0080 Participant Violations (1) During each certification visit, participants shall be informed of their rights and responsibilities, program rules and the sanctions issued should they intentionally violate a program rule. (2) Whenever the Oregon Health Authority (Authori…

333-053-0100 Participant Claims (1) If the Authority determines that WIC program benefits have been obtained, sold, given away, traded, or otherwise disposed of improperly as the result of a participant violation, the Authority shall establish a claim against the participant for …

333-053-0110 Administrative Review (1) The Authority shall provide a participant with a fair hearing in accordance with the provision of ORS Chapter 183 and 7 CFR 246.9 for the following: (a) Denial of participation; (b) Disqualification; or (c) A claim against the individual for…

333-054-0000 Description of WIC Program (1) The WIC Program is a federally funded program established in 1972 by an amendment to the Child Nutrition Act of 1966. The purpose of the WIC Program is to serve as an adjunct to health care by providing: nutrition education and counseli…

333-054-0010 Definitions (1) "A50" means an authorized vendor or applicant that derives, or is expected to derive, more than 50 percent of its total annual food sales from WIC food sales. The total food sales do not include alcohol, tobacco, lottery or any other non-food item. (2…

333-054-0020 How a Vendor Becomes WIC Authorized (1) Only vendors authorized by the Authority may accept Oregon food instruments in exchange for authorized foods. (2) Application: (a) An applicant shall submit a completed application to the Authority, which includes: (A) An appli…

333-054-0025 Above 50% Vendors (A50) (1) An applicant that is likely to derive more than 50 percent of the store’s annual food sales from WIC transactions will not be authorized except for cases of participant access hardship as determined solely by the Authority. (2) If a curren…

333-054-0027 How a Farmer Becomes WIC Authorized (1) Only authorized farmers may accept CVBs from authorized shoppers in exchange for eligible foods. Authorized farmers may not accept CVBs from unauthorized farmers. (2) In order to be eligible for participation in the WIC program…

333-054-0030 Vendor Agreements (1) Each applicant who has been approved for authorization shall sign a vendor agreement. (a) The vendor agreement shall include the contractual obligations that must be met by an authorized vendor. (b) Failure to adhere to the vendor agreement is a…

333-054-0033 Provision of Incentive Items (1) Vendors shall not provide or advertise the provision of incentive items to WIC shoppers that are not offered to other shoppers. (2) The Authority may approve any of the following incentive items to be provided by authorized vendors to…

333-054-0035 Farmer Agreements (1) A farmer application/agreement must be signed by a representative who has legal authority to obligate the farmer. (2) The farmer application/agreement must include a requirement that the farmer comply with OAR 333-054-0000 through 333-054-0070, …

333-054-0040 Vendor and Farmer Monitoring (1) The Authority shall, at its sole discretion, monitor vendors and farmers for compliance with applicable laws and rules. (2) The Authority or its authorized representative must conduct compliance buys or inventory audits to collect evi…

333-054-0050 Vendor Violation Notifications and Sanctions (1) The Authority must notify a vendor in writing when an investigation reveals an initial incidence of a violation for which a pattern of incidences must be established in order to impose a sanction, before another such i…

333-054-0052 Suspension of Vendor Agreements (1) Notwithstanding any other rule in this division, WIC program benefits are suspended and all vendor agreements are suspended if there is a government or WIC program closure or if the government does not provide WIC funding. A suspen…

333-054-0055 Farmer Violations and Sanctions (1) A farmer is in violation if a farmer fails to comply with WIC program rules and the terms and conditions of the farmer application/agreement or fails to respond to requests, implement corrective action, or comply with the terms in …

333-054-0060 Vendor Disqualifications (1) A vendor may not apply for authorization during a period of disqualification from the WIC Program. (2) The Authority shall not accept a vendor’s voluntary withdrawal from the WIC Program as an alternative to disqualification. In addition,…

333-054-0065 Farmer Disqualifications (1) Farmers who do not comply with WIC program requirements are subject to sanctions, including civil penalties, in addition to, or in lieu of, disqualification. (2) Prior to disqualifying a farmer, the Authority may determine if disqualifica…

333-054-0070 Administrative Review (1) The Authority shall provide a full administrative review in accordance with the provisions of ORS Chapter 183 for the following, as applicable: (a) Denial of authorization based on a determination that the vendor or farmer is attempting to c…

333-055-0000 Purpose (1) The purpose of OAR 333-055-0000 through 333-055-0035 is to describe the circumstances under which these rules apply and to define the procedures for authorizing certain individuals, when a licensed health care professional is not immediately available, to…

333-055-0006 Definitions (1) "Adrenal crisis" means a sudden, severe worsening of symptoms associated with adrenal insufficiency, such as severe pain in the lower back, abdomen or legs; vomiting; diarrhea; dehydration; low blood pressure or loss of consciousness. (2) "Adrenal ins…

333-055-0015 Educational Training (1) Individuals to be trained to administer glucagon and school personnel to be trained to administer a medication that treats a student who has adrenal insufficiency and who is experiencing symptoms of adrenal crisis based on the student’s healt…

333-055-0021 Eligibility for Training In order to be eligible for training under OAR 333-055-0015, a person must: (1) Be 18 years of age or older; and (2) Have, or reasonably expect to have, responsibility for or contact with at least one other person as a result of the eligible …

333-055-0030 Certificates of Completion of Training (1) Persons who successfully complete educational training under OAR 333-055-0000 through 333-055-0035 shall be given a Public Health Division statement of completion signed by the individual conducting the training. The stateme…