Chapter 353 — Chapter 353

ORS 353.010 Definitions. As used in this chapter

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ORS 353.020 Oregon Health and Science University as public corporation; establishment; status as governmental entity. Oregon Health and Science University is established as a public corporation and shall exercise and carry out all powers, rights and privileges that are expressly conferred upon it, are implied by law or are incident to such powers. The university shall be a governmental entity performing governmental functions and exercising governmental powers. The university shall be an independent public corporation with statewide purposes and missions and without territorial boundaries. The university shall be a governmental entity but shall not be considered a unit of local or municipal government or a state agency for purposes of state statutes or constitutional provisions. [1995 c.162 §2; 1999 c.291 §2; 2001 c.123 §1]

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ORS 353.030 Public policy of university; missions; purposes. (1) It shall be the public policy of the Oregon Health and Science University in carrying out its missions as a public corporation

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ORS 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]

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ORS 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 11 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

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ORS 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 Science University and shall govern the university. In carrying out its powers, rights and privileges, the university shall be a governmental entity performing governmental functions and exercising governmental powers. The university or the board may either within or outside the state

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ORS 353.060 President of university. (1) The Oregon Health and Science University Board of Directors shall appoint a president of the university

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ORS 353.070 Products of individuals with disabilities; rules; publication of product sources. (1) As used in this section

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ORS 353.080 Annual report on activities and operations. Oregon Health and Science University shall file with the Legislative Assembly, the Higher Education Coordinating Commission and the Governor, not later than April 15 of each year, a report of the university’s activities and operations for the preceding year. [1995 c.162 §7; 1999 c.291 §6; 2011 c.637 §256a]

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ORS 353.090 Requirements related to nonhuman primates. (1) The Oregon Health and Science University shall annually publish on a publicly accessible website of the university

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ORS 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 243.809, 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

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ORS 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 Oregon prior to July 1, 1995, and utilized by Oregon Health and Science University shall remain with the State of Oregon. However, the university shall have the exclusive care, custody and control of such real property and facilities pursuant to an exclusive leasehold interest in the real property and facilities for a term of 99 years. The term of the leasehold shall begin on July 1, 1995, and shall renew automatically and perpetually for consecutive 99-year terms

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ORS 353.110 Authority to acquire private property; condemnation. The Oregon Health and Science University may acquire, by condemnation or otherwise, private property that is necessary or convenient in carrying out any power granted to the university. The right to acquire property by condemnation shall be exercised as provided by ORS chapter 35. [1995 c.162 §22; 2003 c.534 §14]

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ORS 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

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ORS 353.120 Adoption of alcohol and drug abuse policy. The Oregon Health and Science University, in consultation with the Alcohol and Drug Policy Commission, shall adopt a comprehensive alcohol and drug abuse policy and implementation plan. [1995 c.162 §27; 2011 c.673 §10]

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ORS 353.123 Exemptions from nonresident tuition and fees; scholarship eligibility. (1)(a) Except as provided in paragraphs (b) and (c) of this subsection, the Oregon Health and Science University Board of Directors may exempt a student who is not a citizen or a lawful permanent resident of the United States from paying nonresident tuition and fees for enrollment at Oregon Health and Science University consistent with policies adopted by the board or by university officials acting under authority of the board

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ORS 353.125 Creation of police department and commission of police officers; rules. (1) The Oregon Health and Science University Board of Directors, or Oregon Health and Science University officials acting under the authority of the board, may establish a police department and commission one or more employees as police officers. A police department established under this section has all of the authority and immunity of a municipal police department of this state

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ORS 353.130 Policies regarding public contracts. The Oregon Health and Science University subscribes to the policy set forth under ORS 279A.015 regarding public contracting, and shall develop contract policies that support openness, impartiality and competition in the awarding of contracts in accordance with that provision. The university subscribes to the intent of the social policies of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C and shall develop contract policies that are appropriate to the university and are designed to encourage affirmative action, recycling, inclusion of art in public buildings, the purchase of services and goods from individuals with disabilities, the protection of workers through the payment of prevailing wages as determined by the Bureau of Labor and Industries, the provision of workers’ compensation insurance to workers on contracts and the participation of minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses, as those terms are defined in ORS 200.005. [1995 c.162 §16; 2003 c.794 §264; 2007 c.70 §149; 2015 c.565 §21; 2023 c.497 §21]

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ORS 353.140 Biennial funding request. (1) By September 1 of each even-numbered year the Oregon Health and Science University shall submit to the Oregon Department of Administrative Services a funding request for each biennium. The Oregon Department of Administrative Services shall include and submit a university funding request to the Legislative Assembly as part of the Governor’s budget. Any such request approved by the Legislative Assembly shall be appropriated to the Higher Education Coordinating Commission for direct allocation to the university. The university funding request to the Legislative Assembly shall include a presentation on tuition and student fee levels

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ORS 353.160 Audits. Nothing in this chapter affects the constitutional duties and authority of the Secretary of State to audit public accounts. However, the Oregon Health and Science University shall conduct independent audits if the audits are considered advisable by the university. Subject to ORS 297.250, the audits are subject to the exclusive discretion and control of the university. The audits are subject to disclosure pursuant to ORS 192.311 to 192.478. [1995 c.162 §14; 2009 c.578 §3]

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ORS 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]

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ORS 353.190 Effect of student religious beliefs on admission and attendance. (1) No student shall be refused admission to the Oregon Health and Science University or be expelled for the sole reason that, because of religious beliefs, the student is unable to attend classes on a particular day

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ORS 353.200 Rights of students ordered to active duty; rules. (1) A student at the Oregon Health and Science University who is a member of the military, a member of the commissioned corps of the National Oceanic and Atmospheric Administration or a member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States and who is ordered to federal or state active duty for more than 30 consecutive days has the following rights

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ORS 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

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ORS 353.205 Credit for education and training received while serving in Armed Forces; rules. The Oregon Health and Science University shall give credit for education and training obtained by a person while serving in the Armed Forces of the United States, as defined in ORS 352.313. The education and training for which credit may be given must meet the standards adopted by the Oregon Health and Science University Board of Directors by rule. [2005 c.518 §5]

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ORS 353.210 Purpose; members; duties. (1) The Oregon Health and Science University shall convene a physical access committee to identify barriers to access by persons with disabilities at the university. The committee shall include, but not be limited to

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ORS 353.250 Alternative retirement programs for employees. Notwithstanding the provisions of ORS chapters 238 and 238A, the Oregon Health and Science University may offer to its employees, in addition to the Public Employees Retirement System, alternative retirement programs. [1995 c.162 §15; 1997 c.249 §111; 2003 c.733 §76]

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ORS 353.260 Personnel records; access; control; creation. (1) Oregon Health and Science University may adopt policies governing access to university personnel records that are less than 25 years old

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ORS 353.270 Compensation of officers and employees; conflicts of interest. (1) Oregon Health and Science University may authorize receipt of compensation for any officer or employee of the university from private or public resources, including but not limited to income from

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ORS 353.280 Faculty; status; powers. The president and professors constitute the faculty of the Oregon Health and Science University and as such have the immediate government and discipline of it and the students therein. The faculty may, subject to the supervision of the Oregon Health and Science University Board of Directors, prescribe the course of study to be pursued at the university and the textbooks to be used. [1995 c.162 §28]

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ORS 353.290 Reductions in faculty; affirmative action plans and goals. The Oregon Health and Science University shall consider and maintain affirmative action plans and goals when reductions in faculty and staff are required as a result of

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ORS 353.300 Prohibition on political or sectarian test 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 Science University. [1995 c.162 §25]

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ORS 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 Oregon Department of Administrative Services 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 department 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 department and the university shall establish, in a written agreement that is approved by the State Treasurer, the responsibility of the university for the payment to the department 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

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ORS 353.340 Issuance and sale of revenue bonds by university. Oregon Health and Science University may from time to time issue and sell revenue bonds in accordance with ORS chapter 287A. However, the provisions contained in ORS 287A.150 (2) to (6) do not apply to revenue bonds issued by the university. Such revenue bonds shall not in any manner nor to any extent be a general obligation of the university nor a charge upon any revenues or property of the university not specifically pledged thereto. An obligation described in this section is not an indebtedness of the State of Oregon. [1995 c.162 §59; 1999 c.291 §12; 2007 c.783 §156]

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ORS 353.350 Revenue bonds considered bonds of political subdivision. Revenue bonds issued by the Oregon Health and Science University pursuant to ORS chapter 287A shall be considered to be bonds of a political subdivision of the State of Oregon for the purposes of all laws of the state. [1995 c.162 §60; 2007 c.783 §157]

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ORS 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]

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ORS 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 public universities listed in ORS 352.002, 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; 2015 c.767 §24]

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ORS 353.380 Definitions for ORS 353.380 to 353.420. As used in ORS 353.380 to 353.420

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ORS 353.390 Authority to enter financing agreements; limitations. Oregon Health and Science University may enter into financing agreements in accordance with ORS 353.380 to 353.420, upon such terms as the university finds to be advantageous. Amounts payable by the university under a financing agreement shall be limited to funds specifically pledged, budgeted for or otherwise made available by the university. If there are insufficient available funds to pay amounts due under a financing agreement, the lender may exercise any property rights that the university has granted to it in the financing agreement against the property that was purchased with the proceeds of the financing agreement, and may apply the amounts so received toward payments scheduled to be made by the university under the financing agreement. [1995 c.162 §18; 1999 c.291 §14]

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ORS 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]

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ORS 353.410 University powers regarding financing agreements and credit enhancement agreements. Oregon Health and Science University may

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ORS 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]

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ORS 353.440 Findings regarding coordination of programs. The Legislative Assembly finds that

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ORS 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 Science University, including requirements

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ORS 353.450 Area Health Education Center program; education and training for medical personnel 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 associates and nurse practitioners. For that purpose

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ORS 353.455 Family medicine residency network. (1) The Area Health Education Center program created in ORS 353.450 is encouraged to create a family medicine residency network that

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ORS 353.460 Oregon Institute of Occupational Health Sciences. (1) There is created the Oregon Institute of Occupational Health Sciences. The Oregon Health and Science University shall administer the institute

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ORS 353.470 Funding of institute. The Oregon Institute of Occupational Health Sciences shall 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 institute. Oregon Health and Science University is not expected to provide funds for operation of the institute from any other sources of funds for operation of the university. [Formerly 352.083; 1999 c.291 §20; 2013 c.111 §2]

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ORS 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]

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ORS 353.485 Oregon Psychiatric Access Line program. (1) There is established the Oregon Psychiatric Access Line program in the Oregon Health and Science University

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