Chapter 431 — Chapter 431
203 sections in this chapter.
ORS 431.001 Findings. The Legislative Assembly of the State of Oregon finds and declares that
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(1) Each resident of this state is entitled to the basic public health services that are necessary to preserve life and health; (2) A framework for public health services provided by the government is necessary for applying the foundational capabilities and implementing the found…
ORS 431.003 Definitions. As used in ORS 431.001 to 431.550 and 431.990
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(1) “Foundational capability” means the knowledge, skill or ability that is necessary to carry out a public health activity. (2) “Foundational program” means a public health program that is necessary to assess, protect or improve the health of the residents of this state. (3) “Go…
ORS 431.005 [1973 c.358 §1; repealed by 1977 c.751 §39]
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[Repealed or reserved.]
ORS 431.010 [Amended by 1967 c.461 §1; 1969 c.695 §7; 1971 c.650 §5; repealed by 1973 c.358 §15]
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[Repealed or reserved.]
ORS 431.015 [1973 c.358 §2; repealed by 1977 c.751 §39]
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[Repealed or reserved.]
ORS 431.019 [1973 c.358 §2a; repealed by 1977 c.751 §39]
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[Repealed or reserved.]
ORS 431.020 [Amended by 1967 c.461 §2; 1971 c.650 §6; repealed by 1973 c.358 §15]
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[Repealed or reserved.]
ORS 431.023 [1973 c.358 §4; repealed by 1977 c.751 §39]
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[Repealed or reserved.]
ORS 431.025 [1971 c.650 §11; repealed by 1973 c.358 §15]
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[Repealed or reserved.]
ORS 431.030 [Repealed by 1971 c.650 §51]
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STATE ADMINISTRATION (Public Health Officers and Employees)
ORS 431.035 Power of Director of Oregon Health Authority to delegate functions; Public Health Director; appointment; duties. (1) The Director of the Oregon Health Authority may delegate to any of the officers and employees of the Oregon Health Authority the exercise or discharge in the director’s name of any power, duty or function of whatever character vested in or imposed upon the director by the laws of Oregon. However, the power to administer oaths and affirmations, subpoena witnesses, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records may be exercised by an officer or employee of the authority only when specifically delegated in writing by the director
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(2) The official act of any such person so acting in the director’s name and by the authority of the director shall be deemed to be an official act of the director. (3)(a) The Director of the Oregon Health Authority shall appoint a Public Health Director to perform the duties and…
ORS 431.040 [Amended by 1969 c.314 §39; 1971 c.650 §7; repealed by 1973 c.358 §15]
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[Repealed or reserved.]
ORS 431.045 Public Health Officer; appointment; qualifications; duties; rules. (1) The Director of the Oregon Health Authority shall appoint a Public Health Officer who shall be responsible for the medical and paramedical aspects of the health programs within the Oregon Health Authority. The Public Health Officer must be a physician licensed under ORS chapter 677 who
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(a) Is certified by the American Board of Preventive Medicine or the board of a primary care clinical specialty such as internal medicine, family medicine or pediatrics; and (b) Has at least two years of experience working for a local, state or federal public health authority. (2…
ORS 431.050 [Amended by 1967 c.461 §3; repealed by 1971 c.650 §51]
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[Repealed or reserved.]
ORS 431.053 [1973 c.358 §3; repealed by 1977 c.751 §39]
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[Repealed or reserved.]
ORS 431.055 [1967 c.363 §2; repealed by 1971 c.650 §51]
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[Repealed or reserved.]
ORS 431.060 [Repealed by 1971 c.650 §51]
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[Repealed or reserved.]
ORS 431.065 [1971 c.37 §2; 1977 c.582 §7; repealed by 2001 c.900 §261]
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[Repealed or reserved.]
ORS 431.070 [1961 c.723 §1; 1969 c.314 §40; repealed by 1971 c.650 §51]
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(Powers and Duties of Oregon Health Authority)
ORS 431.110 General powers and duties of Oregon Health Authority. The Oregon Health Authority shall
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(1) Have direct supervision of all matters relating to the preservation of life and health of the people of this state. (2) Ensure the statewide and local application of the foundational capabilities established under ORS 431.131 and described in ORS 431.132, 431.133, 431.134, 43…
ORS 431.115 Administrative duties of Oregon Health Authority. (1) For the purpose of fulfilling its duties under ORS 431.110 (2), (3) and (4), the Oregon Health Authority shall
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(a) Adopt and update as necessary a statewide public health modernization assessment; (b) In consideration of the statewide public health modernization assessment, develop and modify as necessary a statewide public health modernization plan; (c) Implement the statewide public hea…
ORS 431.120 Other duties of Oregon Health Authority; rules. In addition to the duties described in ORS 431.115, the Oregon Health Authority shall
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(1) Enforce the laws, rules and policies of this state related to health. (2) Routinely conduct epidemiological investigations for each case of sudden infant death syndrome, including the identification of risk factors such as birth weight, maternal age, prenatal care, history of…
ORS 431.122 Members; terms; meetings; compensation. (1) As used in this section
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(a) “Community-based organization” means a nongovernmental organization that provides culturally and linguistic responsive services that are informed by the community, to improve the community’s health and well-being, and that provides services intended to reach individuals dispr…
ORS 431.123 Duties of Oregon Public Health Advisory Board. The Oregon Public Health Advisory Board shall
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(1) Make recommendations to the Oregon Health Policy Board on the development of statewide public health policies and goals; (2) Make recommendations to the Oregon Health Policy Board on how other statewide priorities, such as the provision of early learning services and the deli…
ORS 431.125 Duties related to public health laws. In addition to the duties described in ORS 413.011, the Oregon Health Policy Board shall
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(1) Be the policy-making and oversight body for the Oregon Health Authority with respect to the application of the foundational capabilities established under ORS 431.131 and the implementation of the foundational programs established under ORS 431.141; and (2) Provide advice to …
ORS 431.130 [Amended by 1959 c.629 §5; 1959 c.684 §2; 1961 c.725 §10; 1963 c.32 §1; 1965 c.362 §3; 1969 c.14 §2; 1969 c.641 §16; 1971 c.195 §1; 1971 c.413 §13; 1971 c.763 §13; 1973 c.408 §33; 1973 c.833 §41; 1973 c.835 §233; repealed by 1977 c.582 §61]
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FOUNDATIONAL CAPABILITIES AND PROGRAMS
ORS 431.131 Foundational capabilities; rules. (1) The Oregon Health Authority, in consideration of the advice provided by the Oregon Health Policy Board under ORS 431.125, shall establish by rule the foundational capabilities necessary to protect and improve the health of the residents of this state and to achieve effective and equitable health outcomes for the residents of this state
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(2) At a minimum, the authority shall establish the following foundational capabilities: (a) Assessment and epidemiology, as described in ORS 431.132; (b) Emergency preparedness and response, as described in ORS 431.133; (c) Communications as described in ORS 431.134; (d) Policy …
ORS 431.132 Assessment and epidemiology; rules. (1) For the purpose of establishing the foundational capabilities under ORS 431.131, assessment and epidemiology include, but are not limited to, the knowledge, skills and abilities necessary to
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(a) Identify and respond to disease outbreaks and epidemics; (b) Analyze and respond to information related to disease outbreaks and epidemics; (c) Conduct and assess surveys about health behaviors and practices; (d) Collect and maintain vital records and statistics; (e) Process …
ORS 431.133 Emergency preparedness and response; rules. (1) For the purpose of establishing the foundational capabilities under ORS 431.131, emergency preparedness and response include, but are not limited to, the knowledge, skills and abilities necessary to
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(a) Develop, exercise, improve and maintain preparedness and response plans in the event that either a natural or man-made disaster or an emergency occurs; (b) Communicate and coordinate with health care providers, emergency service providers and other agencies and organizations …
ORS 431.134 Communications; rules. (1) For the purpose of establishing the foundational capabilities under ORS 431.131, communications include, but are not limited to, the knowledge, skills and abilities necessary to
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(a) Engage in two-way communications with the public through the use of a variety of accessible methods of communication; (b) Effectively use mass media and social media to transmit communications to and receive communications from the public; (c) Communicate with specific popula…
ORS 431.135 Policy and planning; rules. (1) For the purpose of establishing the foundational capabilities under ORS 431.131, policy and planning include, but are not limited to, the knowledge, skills and abilities necessary to
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(a) Enable the Oregon Health Authority and local public health authorities to serve as a primary and expert resource for using science and evidence-based best practices to inform the development and implementation of public health policies; (b) Provide guidance and coordinate pla…
ORS 431.136 Leadership and organizational competencies; rules. (1) For the purpose of establishing the foundational capabilities under ORS 431.131, leadership and organizational competencies include, but are not limited to, the knowledge, skills and abilities necessary to
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(a) Define the strategic direction necessary to achieve public health goals and align and lead stakeholders in achieving those goals; (b) Use the principles of public health law, including relevant agency rules and the constitutional guarantee of due process, in planning, impleme…
ORS 431.137 Health equity and cultural responsiveness; rules. (1) For the purpose of establishing the foundational capabilities under ORS 431.131, health equity and cultural responsiveness include, but are not limited to, the knowledge, skills and abilities necessary to
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(a) Support public health policies that promote health equity; (b) Implement processes within public health programs that create health equity; (c) Recognize and address health inequities that are specific to certain populations, including populations specific to sex, race, ethni…
ORS 431.138 Community partnership development; rules. (1) For the purpose of establishing the foundational capabilities under ORS 431.131, community partnership development includes, but is not limited to, the knowledge, skills and abilities necessary to
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(a) Convene and sustain relationships with traditional and nontraditional governmental partners and stakeholders and traditional and nontraditional nongovernmental partners and stakeholders; (b) Foster and support community involvement and partnerships in developing, adopting and…
ORS 431.139 Reporting on foundational capabilities. (1) Each biennium, the Oregon Health Authority shall submit to the Legislative Fiscal Office a report on the application of the formula described in ORS 431.380, containing at a minimum
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(a) A statement of the amount of state moneys that the Oregon Health Authority received for the purpose of funding the foundational capabilities established under ORS 431.131 and the foundational programs established under ORS 431.141; (b) A description of how state moneys that t…
ORS 431.140 [Amended by 1959 c.314 §21; 1973 c.833 §42; 1977 c.582 §10; 2001 c.900 §144; repealed by 2007 c.445 §42]
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[Repealed or reserved.]
ORS 431.141 Foundational programs; rules. (1) The Oregon Health Authority, in consideration of any advice provided by the Oregon Health Policy Board under ORS 431.125, shall establish by rule the foundational programs through which the authority and local public health authorities administer public health services in this state
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(2) At a minimum, the authority shall establish the following foundational programs: (a) Communicable disease control programs, as described in ORS 431.142; (b) Environmental public health programs, as described in ORS 431.143; (c) Prevention of injury and disease and promotion o…
ORS 431.142 Communicable disease control programs. Communicable disease control programs established under ORS 431.141 must identify, prevent and control infectious diseases that pose a threat to the health of the public and must include, but are not limited to
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(1) Recognizing, identifying and responding to communicable disease outbreaks; (2) Maintaining a list of communicable diseases; (3) Conducting, receiving and analyzing laboratory results and physician reports related to communicable diseases; (4) Providing the support necessary f…
ORS 431.143 Environmental public health programs. Environmental public health programs established under ORS 431.141 must protect the public from illness, injury, disability and death caused by exposure to physical, chemical or biological factors in the environment and must include, but are not limited to
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(1) Testing and analysis for purposes related to environmental health; (2) Preventing and investigating environmental health hazards, including radioactive materials, animal bites and vector-borne diseases; (3) Inspecting and educating the operators of: (a) Restaurants and other …
ORS 431.144 Prevention of injury and disease and promotion of health programs. (1) Prevention of injury and disease and promotion of health programs established under ORS 431.141 must include, but are not limited to
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(a) Prevention and control of tobacco use; (b) Improving nutrition; (c) Improving oral health; (d) Improving prenatal, natal and postnatal care, maternal health and the health of children; (e) Incentivizing increased physical activity; and (f) Decreasing the occurrence and impact…
ORS 431.145 Clinical preventive services. Clinical preventive services established under ORS 431.141 must provide for the assessment of public access to
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(1) Immunizations; (2) Prenatal care; (3) Screening for preventable cancers and other diseases; (4) Screening for sexually transmitted infections; (5) Evaluation of and treatment for tuberculosis and related latent tuberculosis infections; (6) Cost-effective preventive care; and …
ORS 431.147 Authority to establish other public health programs and activities; rules. In addition to the foundational programs established under ORS 431.141, the Oregon Health Authority may establish by rule other public health programs, or by rule or order other public health activities, that address specific public health problems or needs. Programs and activities may be established under this section for the purpose of enhancing or expanding a foundational program or for the purpose of addressing a need not addressed by a foundational program. Additional programs and activities may be established under this section in consideration of any advice provided by the Oregon Public Health Advisory Board or upon the authority’s own initiative. [2015 c.736 §22]
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[Repealed or reserved.]
ORS 431.148 Evidence-based best practices; rules. The Oregon Health Authority may adopt by rule evidence-based best practices for the purpose of assisting local public health authorities in implementing the foundational programs established under ORS 431.141 and any other public health program or activity established under ORS 431.147. Rules adopted under this section are only for the purpose of assisting local public health authorities and are not mandatory guidelines for the implementation of the programs or activities. [2015 c.736 §23; 2017 c.627 §8]
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RULES
ORS 431.149 Rulemaking authority over ORS 431.001 to 431.550 and 431.990. The Oregon Health Authority may adopt rules to implement ORS 431.001 to 431.550 and 431.990. [2015 c.736 §24]
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ENFORCEMENT
ORS 431.150 Enforcement of public health laws generally. (1) The Oregon Health Authority shall enforce ORS 431.001 to 431.550 and 431.990 and any other public health law of this state. The Director of the Oregon Health Authority shall supervise local public health administrators in the execution of their duties under subsection (2) of this section
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(2) A local public health administrator shall administer and enforce ORS 431.001 to 431.550 and 431.990 and any other public health law of this state within the jurisdiction of the local public health authority supervised by the local public health administrator. If a local publi…
ORS 431.155 Authority of Oregon Health Authority to restrain violation of public health laws. (1) Whenever it appears to the Oregon Health Authority that any person is engaged or about to engage in any acts or practices that constitute a violation of any statute relating to public health administered by the authority, or any rule or order issued thereunder, the authority may institute proceedings in the circuit courts to enforce obedience thereto by injunction, or by other processes, mandatory or otherwise, restraining such person, or its officers, agents, employees and representatives from further violation of such statute, rule or order, and enjoining upon them obedience thereto
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(2) The provisions of this section are in addition to and not in substitution of any other enforcement provisions contained in any statute administered by the authority. [1967 c.94 §2; 1971 c.650 §13; 1977 c.582 §12; 2001 c.900 §145; 2009 c.595 §537]
ORS 431.157 Authority of local public health administrator to restrain violation of public health laws. A local public health administrator has the same powers granted to the Oregon Health Authority under ORS 431.155. [1983 c.370 §4; 2003 c.309 §5; 2009 c.595 §538; 2015 c.736 §34]
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[Repealed or reserved.]
ORS 431.160 Commencement of prosecutions. The district attorney, county attorney or Attorney General may institute prosecutions for violation of any public health statute by information, by indictment or by complaint verified before any magistrate. [Amended by 1959 c.314 §23; 1973 c.833 §44; 1977 c.582 §13; 1995 c.658 §104]
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[Repealed or reserved.]
ORS 431.170 State enforcement of public health laws and rules when local public health administrator is delinquent. (1) The Director of the Oregon Health Authority shall take direct charge of the functions that are necessary to preserve the public health in a local public health authority whenever a local public health administrator fails to administer or enforce ORS 431.001 to 431.550 and 431.990 and any other public health law or rule of this state as described in ORS 431.150
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(2) The director may request assistance as necessary to fulfill the director’s duties under subsection (1) of this section, the expense of which shall be borne by the local public health authority over which the director took charge, to be paid out of the treasury of the local pu…
ORS 431.175 Warrant procedure. If necessary, the Director of the Oregon Health Authority or a designee thereof, the State Fire Marshal or a designee thereof or an officer of a law enforcement agency may appear before any magistrate empowered to issue warrants in criminal cases, and require such magistrate to issue a warrant, directing it to any sheriff or deputy or any constable or police officer, to enter the described property or to remove any person or obstacle, or to defend any threatened violence to the director or a designee thereof, the State Fire Marshal or a designee thereof or an officer, upon entering private property, or to assist the director in any way. [Formerly 433.025; 1991 c.67 §112; 2009 c.595 §540]
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[Repealed or reserved.]