Chapter 431A — Chapter 431A
131 sections in this chapter.
ORS 431A.005 Definitions. As used in ORS 431A.005 to 431A.020
2.5K chars
(1) “Children’s facility” has the meaning given that term in ORS 433.235. (2) “Communicable disease” means a disease or condition, the infectious agent of which may be transmitted by any means from one person or from an animal to another person, that may result in illness, death …
ORS 431A.010 Power of Oregon Health Authority and local public health administrators to enforce public health laws; authorized actions; rules; penalties. (1) The Oregon Health Authority and local public health administrators shall have the power to enforce public health laws. The enforcement powers authorized by this section include, but are not limited to, the authority to
2.3K chars
(a) Investigate possible violations of public health laws; (b) Issue subpoenas requiring testimony or the production of physical or other evidence; (c) Issue administrative orders to enforce compliance with public health laws; (d) Issue a notice of violation of a public health la…
ORS 431A.015 Authority of Public Health Director to take public health actions; authorized actions; rules. (1) Unless the Governor has declared a public health emergency under ORS 433.441, the Public Health Director may, upon approval of the Governor or the designee of the Governor, take the public health actions described in subsection (2) of this section if the Public Health Director determines that
4.3K chars
(a)(A) A communicable disease, reportable disease, disease outbreak, epidemic or other condition of public health importance has affected more than one county; (B) There is an immediate need for a consistent response from the state in order to adequately protect the public health…
ORS 431A.020 Rules. The Public Health Director, after consultation with local public health authorities and local public health administrators, shall adopt rules governing the development of emergency plans and an incident management system. [Formerly 431.266]
0.0K chars
EMERGENCY MEDICAL SERVICES AND TRAUMA SYSTEMS
ORS 431A.050 Oregon Health Authority to develop comprehensive emergency medical services and trauma system. In cooperation with representatives of the emergency medical services professions, the Oregon Health Authority shall develop a comprehensive emergency medical services and trauma system. The authority shall report progress on the system to the Legislative Assembly. [Formerly 431.575]
0.1K chars
Note: 431A.050 is repealed January 1, 2027. See sections 43 and 44, chapter 32, Oregon Laws 2024.
ORS 431A.055 State Trauma Advisory Board. (1) The State Trauma Advisory Board is established within the Oregon Health Authority. The board must have at least 18 members. The Director of the Oregon Health Authority shall appoint at least 17 voting members as described in subsection (2) of this section. The chairperson of the State Emergency Medical Service Committee established under ORS 682.039, or the chairperson’s designee, shall be a nonvoting member
5.0K chars
(2) The director shall, subject to subsection (3) of this section, appoint members to serve on the State Trauma Advisory Board, including: (a) At least one member from each area trauma advisory board described in ORS 431A.070. (b) At least two physicians who are trauma surgeons f…
ORS 431A.060 Designation of trauma areas; rules; trauma system hospitals. (1) With the advice of the State Trauma Advisory Board, the Oregon Health Authority shall
1.2K chars
(a) Develop and monitor a statewide trauma system; and (b) Designate within the state, trauma areas consistent with local resources, geography and current patient referral patterns. (2) Each trauma area shall have: (a) Central medical control for all field care and transportation…
ORS 431A.065 Oregon Health Authority to adopt rules for trauma system hospitals. (1) Prior to approval and implementation of area trauma plans submitted to the Oregon Health Authority by area trauma advisory boards, the authority shall adopt rules pursuant to ORS chapter 183 which specify state trauma objectives and standards, hospital categorization criteria and criteria and procedures to be utilized in designating trauma system hospitals
1.1K chars
(2) For approved area trauma plans recommending designation of trauma system hospitals, the authority rules shall provide for: (a) The transport of a member of a health maintenance organization, or other managed health care system, as defined by rule, to a hospital that contracts…
ORS 431A.070 Area trauma advisory boards; duties; members. (1)(a) Area trauma advisory boards shall meet as often as necessary to
2.0K chars
(A) Identify specific trauma area needs and problems; and (B) Propose to the Oregon Health Authority area trauma system plans and changes that meet state standards and objectives. (b) The authority, acting with the advice of the State Trauma Advisory Board established under ORS 4…
ORS 431A.075 Liability of provider. (1) A provider may not be held liable for acting in accordance with approved trauma system plans
0.4K chars
(2) A person who in good faith provides data or other information to the Oregon Trauma Registry in accordance with ORS 431A.085 to 431A.105 is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to provision of the data. [Formerly …
ORS 431A.080 Duties of Oregon Health Authority related to trauma. The Oregon Health Authority shall continuously identify the causes of trauma in Oregon, and propose programs of prevention thereof for consideration by the Legislative Assembly or others. [Formerly 431.619]
0.1K chars
Note: 431A.080 is repealed January 1, 2027. See sections 43 and 44, chapter 32, Oregon Laws 2024.
ORS 431A.085 Emergency Medical Services and Trauma Systems Program created in Oregon Health Authority; Oregon Trauma Registry; rules. (1) The Emergency Medical Services and Trauma Systems Program is created within the Oregon Health Authority for the following purposes
1.7K chars
(a) Administering and regulating ambulances; (b) Training and licensing emergency medical services providers; (c) Establishing and maintaining emergency medical systems, including trauma systems; and (d) Maintaining the Oregon Trauma Registry for purposes related to trauma reimbu…
ORS 431A.090 Designation of other trauma centers. (1) In addition to and not in lieu of ORS 431A.050 to 431A.075, the Oregon Health Authority shall designate trauma centers in areas that are within the jurisdiction of trauma advisory boards other than in the area within the jurisdiction of area trauma advisory board 1
2.2K chars
(2) The authority shall enter into contracts with designated trauma centers and monitor and assure quality of care and appropriate costs for trauma patients meeting trauma system entry criteria. (3) All findings and conclusions, interviews, reports, studies, communications and st…
ORS 431A.095 Reporting of certain patients; reimbursement for certain services. (1) Designated trauma centers and providers, physical rehabilitation centers, alcohol and drug rehabilitation centers and ambulances shall develop a monthly log of all unsponsored, inadequately insured trauma system patients determined by the hospital to have an injury severity score greater than or equal to 13, and submit monthly to the Emergency Medical Services and Trauma Systems Program the true costs and unpaid balance for the care of these patients
1.4K chars
(2) No reimbursement for these patients shall occur until: (a) All information required by the Emergency Medical Services and Trauma Systems Program rules is submitted to the Oregon Trauma Registry; and (b) The Emergency Medical Services and Trauma Systems Program confirms that t…
ORS 431A.100 Release of information from Oregon Trauma Registry. (1) As used in this section, “individually identifiable information” means
2.3K chars
(a) Individually identifiable health information as that term is defined in ORS 179.505; and (b) Information that could be used to identify a health care provider, nontransporting prehospital care provider, ambulance service medical transportation agency or health care facility. …
ORS 431A.105 Emergency Medical Services for Children Program; duties of Oregon Health Authority. (1) Subject to available funding from gifts, grants or donations, the Emergency Medical Services for Children Program is established in the Oregon Health Authority. The Emergency Medical Services for Children Program shall operate in cooperation with the Emergency Medical Services and Trauma Systems Program to promote the delivery of emergency medical and trauma services to the children of Oregon
2.8K chars
(2) The Oregon Health Authority shall: (a) Employ or contract with professional, technical, research and clerical staff as required to implement this section. (b) Provide technical assistance to the State Trauma Advisory Board on the integration of an emergency medical services f…
ORS 431A.108 Oregon Health Authority to notify emergency departments of information related to hemoglobinopathies and hematologists. Subject to the availability of funds, the Oregon Health Authority shall implement a program for providing to emergency departments in real time notifications that
0.2K chars
(1) Identify patients with hemo-globinopathies; and (2) Provide information on how to contact a hematologist in real time. [2025 c.301 §1] STATEWIDE INJURY AND VIOLENCE PREVENTION PROGRAM
ORS 431A.125 Oregon Health Authority powers; rules. (1) Subject to available funding, including gifts, grants or donations, the Oregon Health Authority shall establish and administer a statewide injury and violence prevention program. In administering the program, the authority may
3.8K chars
(a) Collect and analyze data on injury and violence, including but not limited to data from death certificates, emergency department records, hospitalization records, medical examiner and coroner records and police reports and surveys; (b) Develop and revise, as necessary, a comp…
ORS 431A.150 Smoking cessation program reimbursement; rules. (1) The Oregon Health Authority shall develop a program to reimburse smoking cessation program providers for services provided to residents of this state who are not insured for smoking cessation costs
0.6K chars
(2) The authority shall adopt rules for the program established under subsection (1) of this section that include but are not limited to criteria for provider and participant eligibility and other program specifications. The rules shall establish a maximum reimbursement limit for…
ORS 431A.153 Tobacco Use Reduction Account. (1) There is established in the General Fund the Tobacco Use Reduction Account
0.2K chars
(2) Amounts credited to the Tobacco Use Reduction Account are continuously appropriated to the Oregon Health Authority for the funding of prevention and education programs designed to reduce cigarette and tobacco use. [Formerly 431.832]
ORS 431A.155 Oregon Health Authority to adopt rules for awarding grants. The Oregon Health Authority shall develop and adopt rules for awarding grants to programs for educating the public on the risk of tobacco use, including but not limited to
0.3K chars
(1) Educating children on the health hazards and consequences of tobacco use; and (2) Promoting enrollment in smoking cessation programs and programs that prevent smoking-related diseases including cancer and other diseases of the heart, lungs and mouth. [Formerly 431.834]
ORS 431A.158 Oregon Health Authority to prepare report. During each biennium, the Oregon Health Authority shall prepare a report regarding the awarding of grants from the Tobacco Use Reduction Account and the formation of public-private partnerships in connection with the receipt of funds from the account. The authority shall present the report to the Governor and to those committees of the Legislative Assembly to which matters of public health are assigned. [Formerly 431.836]
0.1K chars
REGULATION OF TOBACCO AND INHALANT DELIVERY SYSTEM SALES
ORS 431A.175 Definitions; unlawful activities; notice; rules. (1) As used in this section and ORS 431A.183
3.7K chars
(a)(A) “Inhalant delivery system” means: (i) A device that can be used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device; or (ii) A component of a device described in this subparagraph or a substance in any form sold for th…
ORS 431A.178 Civil penalty for violation of ORS 431A.175, other law, rule or regulation governing tobacco products or inhalant delivery systems. (1) The Oregon Health Authority may impose a civil penalty against a person that engages in the wholesale or retail sale of tobacco products or inhalant delivery systems, as those terms are defined in ORS 431A.175, if the person violates
0.6K chars
(a) ORS 431A.175 or a rule adopted under ORS 431A.175; or (b) A state law or rule or federal law or regulation that governs the wholesale or retail sale of tobacco products or inhalant delivery systems for purposes related to public health and safety. (2) A civil penalty imposed …
ORS 431A.180 [Formerly 431.850; repealed by 2021 c.586 §19]
0.0K chars
[Repealed or reserved.]
ORS 431A.183 Agreements to enforce regulation of tobacco products and inhalant delivery systems; report; rules. (1)(a) The Oregon Health Authority may enter into an agreement with federal agencies to assist the authority in monitoring and enforcing federal laws and regulations related to tobacco products or inhalant delivery systems
3.8K chars
(b) The authority may commission employees of the authority as federal officers for the purpose of carrying out the duties prescribed under an agreement entered into under paragraph (a) of this subsection. (c) The authority may adopt rules and take any action necessary to carry o…
ORS 431A.190 Definitions for ORS 431A.190 to 431A.216. As used in ORS 431A.190 to 431A.216
0.5K chars
(1) “Governing body of a local public health authority” has the meaning given that term in ORS 431.003. (2) “Inhalant delivery system” has the meaning given that term in ORS 431A.175. (3) “Local public health authority” has the meaning given that term in ORS 431.003. (4) “Premise…
ORS 431A.192 Purpose. The purpose of ORS 431A.190 to 431A.216 is to improve enforcement of local ordinances and rules, state laws and rules and federal laws and regulations that govern the retail sale of tobacco products and inhalant delivery systems. [2021 c.586 §2]
0.0K chars
[Repealed or reserved.]
ORS 431A.194 Licensure requirement. A person may not make a retail sale of a tobacco product or an inhalant delivery system at or from a premises located in this state unless the person sells the tobacco product or inhalant delivery system at or from a premises licensed or otherwise authorized under ORS 431A.198 or 431A.220. [2021 c.586 §3]
0.0K chars
[Repealed or reserved.]
ORS 431A.196 Exempted premises. Notwithstanding ORS 431A.194, ORS 431A.190 to 431A.216 do not apply to a person making a retail sale of an inhalant delivery system at a medical marijuana dispensary registered under ORS 475C.833 or at a premises for which a license has been issued under ORS 475C.097, unless the person makes a retail sale of an inhalant delivery system that contains nicotine. [2021 c.586 §4]
0.0K chars
[Repealed or reserved.]
ORS 431A.198 Licensure; fees; rules; exemption. (1) Except as provided in subsection (8) of this section, the Department of Revenue shall issue licenses to, and annually renew licenses for, a person that makes retail sales of tobacco products or inhalant delivery systems at qualified premises
2.2K chars
(2) To be qualified for licensure under this section, a premises: (a) Must be a premises that is fixed and permanent; (b) May not be located in an area that is zoned exclusively for residential use; and (c) Must meet any qualification for engaging in the retail sale of tobacco pr…
ORS 431A.200 Proof of licensure. A person to which a license or other authorization has been issued under ORS 431A.198 or 431A.220 must post proof of licensure or other authorization in a clear and conspicuous place at the premises for which the license or other authorization has been issued. [2021 c.586 §6]
0.0K chars
[Repealed or reserved.]
ORS 431A.202 Revocation, suspension, refusal to issue or renew; rules. (1) The Department of Revenue may revoke, suspend or refuse to issue or renew a license issued under ORS 431A.198 if the person that holds or seeks the license, an individual who participates in the management of the premises for which the license has been or would be issued or an individual who is employed for the purpose of making retail sales at the premises
2.0K chars
(a) Violates ORS 431A.190 to 431A.216, a rule adopted under ORS 431A.190 to 431A.216 or any other state law or rule or federal law or regulation that governs the retail sale of tobacco products or inhalant delivery systems or state taxation; (b) Violates an ordinance enacted by t…
ORS 431A.204 Seizure and forfeiture of contraband products; appeal. (1) For purposes of this section, a tobacco product or inhalant delivery system sold or held for sale at or from a premises for which a license has not been issued under ORS 431A.198 is a contraband tobacco product or contraband inhalant delivery system
0.6K chars
(2) A contraband tobacco product or contraband inhalant delivery system found by the Department of Revenue or a law enforcement agency may be seized immediately by the department or agency and is subject to forfeiture. If seized and forfeited under this section, the contraband to…
ORS 431A.206 Suspense account for administration and enforcement. (1) Amounts collected by the Department of Revenue under ORS 431A.198 shall be paid to the State Treasurer to be held in a suspense account established under ORS 293.445
0.6K chars
(2) From moneys held in the suspense account, the department may pay expenses for the administration and enforcement of ORS 431A.190 to 431A.216 and the collection of fees under ORS 431A.190 to 431A.216. Refunds, including refunds of erroneous overpayments or refunds of other mon…
ORS 431A.208 Rules. The Department of Revenue may adopt rules necessary for the effective administration of ORS 431A.190 to 431A.216. [2021 c.586 §11]
0.0K chars
[Repealed or reserved.]
ORS 431A.210 Fees. The Oregon Health Authority shall adopt by rule fees necessary to pay the expenses of administering and enforcing ORS 431A.175, 431A.183 and 431A.218. Pursuant to an agreement entered into under ORS 431A.212, the Department of Revenue shall collect the fee moneys for, and transfer the fee moneys to, the authority. Moneys transferred to the authority under this section must be deposited in the Oregon Health Authority Fund established under ORS 413.101. Moneys deposited in the fund under this section are continuously appropriated to the authority for the purposes of administering and enforcing ORS 431A.175, 431A.183 and 431A.218. [2021 c.586 §12]
0.0K chars
[Repealed or reserved.]
ORS 431A.212 Intergovernmental agreements. (1) The Department of Revenue and the Oregon Health Authority shall
2.8K chars
(a) Share information necessary for the effective administration of ORS 431A.175, 431A.183, 431A.190 to 431A.216 and 431A.218; and (b) Enter into an agreement for purposes of collecting fee moneys for the authority pursuant to ORS 431A.210 from each retailer of tobacco products o…
ORS 431A.214 Suspense account for fee money transfers. (1) Amounts collected by the Department of Revenue pursuant to agreements entered into under ORS 431A.212 shall be paid to the State Treasurer to be held in a suspense account established under ORS 293.445
0.4K chars
(2) From moneys held in the suspense account, the department shall make transfers to the Oregon Health Authority and local public health authorities as required by ORS 431A.212. (3) Amounts necessary to make transfers as described in subsection (2) of this section are continuousl…
ORS 431A.216 Civil penalty for violation of ORS 431A.190 to 431A.216, other law, rule or regulation governing tobacco products or inhalant delivery systems. (1) The Department of Revenue may impose a civil penalty against a person that holds or seeks a license issued under ORS 431A.198 if the person that holds or seeks the license, an individual who participates in the management of the premises for which the license has been or would be issued or an individual who is employed for the purpose of making retail sales at the premises
0.9K chars
(a) Violates ORS 431A.190 to 431A.216, a rule adopted under ORS 431A.190 to 431A.216 or any other state law or rule or federal law or regulation that governs the retail sale of tobacco products or inhalant delivery systems or state taxation; or (b) Makes a false statement to the …
ORS 431A.218 Local regulation. (1) As used in this section
4.9K chars
(a) “Governing body of a local public health authority” has the meaning given that term in ORS 431.003. (b) “Inhalant delivery system” has the meaning given that term in ORS 431A.175. (c) “Local public health authority” has the meaning given that term in ORS 431.003. (d) “Tobacco…
ORS 431A.220 Continuity. A city or local public health authority that, on or before January 1, 2021, and pursuant to an ordinance adopted by the governing body of the city or local public health authority, enforced standards described in ORS 431A.218 (2)(a) and required that a person that makes retail sales of tobacco products or inhalant delivery systems in an area subject to the jurisdiction of the city or local public health authority hold a license or other authorization issued by the city or local public health authority may continue to enforce the standards and require the license or other authorization on and after January 1, 2022. [2021 c.586 §18]
0.0K chars
TOXIC-FREE KIDS ACT
ORS 431A.250 Short title. ORS 431A.253 to 431A.280 shall be known and may be cited as the Toxic-Free Kids Act. [2015 c.786 §1]
0.0K chars
[Repealed or reserved.]
ORS 431A.253 Definitions. As used in ORS 431A.253 to 431A.280
5.2K chars
(1) “Chemical” means: (a) A substance with a distinct molecular composition and the breakdown products of the substance that form through decomposition, degradation or metabolism. (b) A group of structurally related substances and the breakdown products of the substances that for…
ORS 431A.255 List of high priority chemicals of concern in children’s products; practical quantification limits. (1)(a) The Oregon Health Authority shall establish and maintain a list of high priority chemicals of concern for children’s health when used in children’s products. The authority shall include on the list chemicals that are listed on the Washington State Department of Ecology’s Reporting List of Chemicals of High Concern to Children on July 27, 2015
2.1K chars
(b) The authority may include a class of chemicals on the list. If the authority includes a class of chemicals on the list, the authority may exclude from the list specific members of the class of chemicals, or a subclass of chemicals, that do not share the same hazards as the ot…
ORS 431A.258 Disclosure by manufacturers; notice requirement; exemption. (1)(a) A manufacturer of a children’s product sold or offered for sale in this state that contains a chemical or member of a class of chemicals included on the list established and maintained under ORS 431A.255 in an amount at or above a de minimis level shall provide a biennial notice as described in subsection (2) of this section to the Oregon Health Authority by January 31 of each applicable notice year
4.1K chars
(b) The first biennial notice required under this section shall be submitted to the authority by January 31 of the year following the year that the chemical contained in the children’s product sold or offered for sale in this state is added to the list. (2) The notice required by…
ORS 431A.260 Requirement to remove or substitute high priority chemicals of concern; waivers; exemptions. (1) On or before the date on which a manufacturer of a children’s product submits the third biennial notice required under ORS 431A.258 for a chemical that is present in a children’s product, the manufacturer must remove or make a substitution for the chemical pursuant to ORS 431A.263, or seek a waiver under ORS 431A.265, if the chemical is present in a children’s product that is
1.8K chars
(a) Mouthable; (b) A children’s cosmetic; or (c) Made for, marketed for use by or marketed to children under three years of age. (2) A manufacturer with 25 or fewer employees may apply for a two-year extension of the date specified in subsection (1) of this section to meet the re…
ORS 431A.263 Process for substituting chemicals; rules. (1)(a) When a manufacturer of children’s products sold or offered for sale in this state removes a high priority chemical of concern for children’s health used in children’s products from a children’s product sold or offered for sale in this state that is subject to ORS 431A.258 and substitutes another chemical, the manufacturer must submit a hazard assessment to the Oregon Health Authority that explains how the children’s product, and any substitute chemical the children’s product contains, is inherently less hazardous than before the substitution was made
1.6K chars
(b) When a manufacturer of children’s products sold or offered for sale in this state removes a high priority chemical of concern for children’s health used in children’s products from a children’s product as described in paragraph (a) of this subsection and does not substitute a…
ORS 431A.265 Process for waiving requirement to remove or substitute chemicals. (1) The Oregon Health Authority shall grant a waiver to a manufacturer of children’s products that applies for a waiver in order to comply with ORS 431A.260 if the application
2.2K chars
(a) Includes an alternatives assessment demonstrating that removal of the high priority chemical of concern for children’s health used in children’s products is not financially or technically feasible; or (b) Includes a quantitative exposure assessment demonstrating that the high…
ORS 431A.268 Exemption from requirement to remove or substitute chemicals. Manufacturers of children’s products with annual worldwide gross sales of less than $5 million, as reported on the most recent tax return filed by the manufacturer before the notice required under ORS 431A.258, are exempt from the requirements of ORS 431A.258, 431A.260, 431A.263 and 431A.265. [2015 c.786 §8]
0.0K chars
[Repealed or reserved.]