Chapter 431A — Chapter 431A
131 sections in this chapter.
ORS 431A.270 Testing for compliance; fee schedule; rules. (1) The Oregon Health Authority may conduct testing of children’s products sold or offered for sale in this state in order to determine compliance with ORS 431A.258, 431A.260 and 431A.263
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(2) The authority may establish by rule a schedule of fees for manufacturers of children’s products that are based on the costs to the authority for administering ORS 431A.253 to 431A.280. Fees collected by the authority under this subsection shall be deposited in the High Priori…
ORS 431A.273 Participation in Interstate Chemicals Clearinghouse. The Oregon Health Authority is authorized to participate in the Interstate Chemicals Clearinghouse in cooperation with other states and government entities to assist the authority in carrying out ORS 431A.253 to 431A.280. [2015 c.786 §10]
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[Repealed or reserved.]
ORS 431A.275 Civil penalty for violation of ORS 431A.258, 431A.260 or 431A.263. (1) Except as provided in subsection (5) of this section, the Oregon Health Authority may impose a civil penalty on a manufacturer of children’s products for a violation of any provision of ORS 431A.258, 431A.260 or 431A.263
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(2) For purposes of assessing civil penalties under this section, a violation consists of a single course of conduct with regard to an entire children’s product line that is sold or offered for sale in this state. (3) The authority shall adopt by rule a schedule of civil penaltie…
ORS 431A.278 High Priority Chemicals of Concern for Children’s Health Fund. (1) The High Priority Chemicals of Concern for Children’s Health Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the High Priority Chemicals of Concern for Children’s Health Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Health Authority to administer ORS 431A.253 to 431A.280
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(2) The authority may accept gifts, grants or contributions from any public or private source for the purpose of carrying out ORS 431A.253 to 431A.280. (3) The High Priority Chemicals of Concern for Children’s Health Fund shall consist of: (a) Moneys accepted by the authority pur…
ORS 431A.280 Biennial report to Legislative Assembly. The Oregon Health Authority shall report to the interim committees of the Legislative Assembly related to environment and natural resources and public health no later than September 15 of each odd-numbered year. The report shall include the following information
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(1) Any revisions made under ORS 431A.255 to the list of high priority chemicals of concern for children’s health used in children’s products. (2) The number of manufacturers of children’s products in compliance with ORS 431A.258 and an analysis of the information collected pursu…
ORS 431A.300 [Formerly 431.870; repealed by 2025 c.405 §13]
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[Repealed or reserved.]
ORS 431A.303 [Formerly 431.875; repealed by 2025 c.405 §13]
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[Repealed or reserved.]
ORS 431A.305 [Formerly 431.880; repealed by 2025 c.405 §13]
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[Repealed or reserved.]
ORS 431A.308 [Formerly 431.885; repealed by 2025 c.405 §13]
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[Repealed or reserved.]
ORS 431A.310 [Formerly 431.887; repealed by 2025 c.405 §13]
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[Repealed or reserved.]
ORS 431A.313 [Formerly 431.890; repealed by 2025 c.405 §13]
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[Repealed or reserved.]
ORS 431A.315 [Formerly 431.895; repealed by 2025 c.405 §13]
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[Repealed or reserved.]
ORS 431A.318 [Formerly 431.900; repealed by 2025 c.405 §13]
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[Repealed or reserved.]
ORS 431A.320 [Formerly 431.905; repealed by 2025 c.405 §13]
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[Repealed or reserved.]
ORS 431A.323 [Formerly 431.910; repealed by 2025 c.405 §13]
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[Repealed or reserved.]
ORS 431A.325 [Formerly 431.915; repealed by 2025 c.405 §13]
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TOXIC COSMETIC PRODUCTS
ORS 431A.330 Definitions. As used in ORS 431A.330 to 431A.349
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(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; or (b) A group of structurally related substances and the breakdown products of the substances that …
ORS 431A.335 List of high priority chemicals of concern in cosmetic products; practical quantification limits. (1)(a) The Oregon Health Authority shall adopt by rule and maintain a list of high priority chemicals of concern used in cosmetic products and practical quantification limits for each of those chemicals
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(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 that do not share the same hazards as the other members of the class of c…
ORS 431A.340 Manufacturer notice requirements. A manufacturer of a cosmetic product sold or offered for sale in this state that contains a chemical included on the list adopted and maintained under ORS 431A.335 in an amount at or above a de minimis level shall include a notice for Oregon consumers on the manufacturer’s website. The notice must contain
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(1) Information that satisfies all of the labeling requirements pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq. and the federal Fair Packaging and Labeling Act, 15 U.S.C. 1451 et seq.; and (2) A list of chemicals or classes of chemicals intentionally a…
ORS 431A.345 Prohibition on certain intentionally added chemicals or classes of chemicals. (1) A manufacturer may not knowingly manufacture, sell, offer for sale, distribute for sale or distribute for use in this state any cosmetic product that contains any of the following intentionally added chemicals or classes of chemicals above the practical quantification limit
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(a) Ortho-phthalates; (b) Perfluoroalkyl and polyfluoroalkyl substances; (c) Formaldehyde (CAS Registry Number 50-00-0) and formaldehyde releasing agents; (d) Methylene glycol (CAS Registry Number 463-57-0); (e) Mercury and mercury compounds (CAS Registry Number 7439-97-6); (f) T…
ORS 431A.349 Civil penalty for violation of ORS 431A.340 or 431A.345; rules; statements of compliance. (1) The Oregon Health Authority may impose a civil penalty on a manufacturer of cosmetic products for a violation of any provision of ORS 431A.340 or 431A.345
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(2) For purposes of assessing civil penalties under this section, a violation consists of a single course of conduct with regard to an entire cosmetic product line that is sold or offered for sale in this state. (3) The authority shall adopt by rule a schedule of civil penalties …
ORS 431A.350 Lead poisoning. (1) Lead poisoning is a significant health concern because lead is a potent neurotoxin that affects every system of the human body. It is harmful to individuals of all ages and is especially harmful to children, fetuses and women of childbearing age. Lead poisoning is one of the most common and preventable pediatric health problems in Oregon
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(2) Common renovation activities such as sanding, cutting and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children. (3) The federal government assists states in preventing lead poisoning and reducing lead …
ORS 431A.353 Definitions. As used in ORS 431A.355 and 431A.358
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(1) “Certified” and “certification” means an action by the Oregon Health Authority verifying the successful completion of a training program accredited by the authority and any other requirements. (2) “Firm” has the meaning given that term in 40 C.F.R. 745.83 and as further defin…
ORS 431A.355 Power of Oregon Health Authority to regulate lead-based paint activities and renovation; fees. (1) The Oregon Health Authority shall
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(a) Certify firms and individuals to perform lead-based paint activities; (b) Certify firms to perform renovation; (c) Accredit training providers to provide lead-based paint activities and renovation training; (d) Develop and approve training programs for lead-based paint activi…
ORS 431A.358 Performance of lead-based paint activities and renovation without certification prohibited. (1) An individual may not perform or offer to perform lead-based paint activities unless the individual is certified as provided under ORS 431A.355
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(2) A firm may not perform or offer to perform a renovation for compensation unless the firm is certified as provided under ORS 431A.355. (3) A firm may not perform or offer to perform lead-based paint activities unless the firm is certified as provided under ORS 431A.355. [Forme…
ORS 431A.360 Lead poisoning prevention clearinghouse for schools. (1) The Oregon Health Authority shall develop and maintain a lead poisoning prevention clearinghouse on its website for public and private schools that provide instruction at levels kindergarten through grade 12 in order to provide these schools with information about
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(a) The dangers to students posed by the exposure to lead; and (b) How to best protect students from the hazards posed by lead-based paint. (2) In order to provide the information described in subsection (1) of this section, the clearinghouse must include: (a) Information about t…
ORS 431A.363 Civil penalty for violation of ORS 431A.355 or 431A.358; hearing. (1) The Oregon Health Authority may impose a civil penalty of not more than $5,000 per violation per day on any person who violates
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(a) ORS 431A.358; (b) A rule adopted under ORS 431A.355; or (c) An order issued by the authority pursuant to this section or ORS 431A.355 or 431A.358. (2)(a) If the authority has reason to believe that a person is engaging in an act or practice that violates ORS 431A.358 or a rul…
ORS 431A.365 Costs imposed pursuant to ORS 431A.363; notice; hearing; lien. (1) Costs imposed by the Oregon Health Authority pursuant to ORS 431A.363 are due and payable 10 days after the order imposing the costs becomes final. A person against whom costs are imposed must be served with a notice in the manner provided in ORS 183.415
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(2)(a) The person served under subsection (1) of this section may, within 20 days of the date of the notice, make a written request for a hearing. (b) The authority may by rule provide for a longer period of time in which a hearing may be requested. (c) If a hearing is not timely…
ORS 431A.400 Healthy Homes Program; grants; reporting; rules. (1) As used in this section
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(a) “Eligible entity” means a: (A) Local government as defined in ORS 174.116; (B) Local housing authority; (C) Nonprofit organization; (D) Federally recognized Indian tribe in Oregon; (E) Indian health center; (F) Coordinated care organization as defined in ORS 414.025; (G) Comm…
ORS 431A.402 Healthy Homes Repair Fund. (1) There is established in the State Treasury the Healthy Homes Repair Fund, separate and distinct from the General Fund. Interest earned by the Healthy Homes Repair Fund is credited to the fund. The purpose of the fund is to
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(a) Fund grants to eligible entities under the Healthy Homes Program established under ORS 431A.400; and (b) Pay for the administrative expenses of the Oregon Health Authority in establishing, implementing and administering the Healthy Homes Program under ORS 431A.400. (2) The fu…
ORS 431A.410 Grants for clean air programs. (1) As used in this section
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(a) “Public education provider” has the meaning given that term in ORS 326.545. (b) “Smoke filtration system” means an air filtration system capable of removing particulates and other harmful components of wildfire smoke in a public building. (2) In consultation and coordination …
ORS 431A.412 Department of Human Services as lead state agency for clean air shelter operations. (1) As used in this section
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(a) “Public education provider” has the meaning given that term in ORS 326.545. (b) “Support” includes, but is not limited to, providing technical expertise, equipment, staff assistance, training and general assistance. (2) The Department of Human Services is the lead state agenc…
ORS 431A.415 Oregon Health Authority grants for purchase of smoke filtration devices; rules. (1) As used in this section, “smoke filtration device” means portable air cleaners and furnace, heating, ventilation and air conditioning filters that are intended to remove contaminants, including particulates and other harmful components of wildfire smoke, from the air in a room to improve indoor air quality
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(2) The Oregon Health Authority shall establish a program to increase the availability of residential smoke filtration devices among persons vulnerable to the health effects of wildfire smoke who reside in areas susceptible to wildfire smoke. (3) The authority may award grants fo…
ORS 431A.417 Reporting on smoke filtration device grants. The Oregon Health Authority shall periodically report to an appropriate committee or interim committee of the Legislative Assembly, as described in ORS 192.245, to the State Wildfire Programs Director and to the Wildfire Programs Advisory Council on
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(1) The use of smoke filtration devices funded under ORS 431A.415, including use of the smoke filtration devices by vulnerable and underserved communities. (2) The effectiveness of the programs described in ORS 431A.415. (3) Areas for improvement. (4) Public health impacts during…
ORS 431A.430 Air conditioner and air filter deployment program; eligibility; rules. (1) As used in this section
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(a) “Air conditioner” means a portable, stand-up air conditioner that has an energy efficiency ratio rating of eight or higher. (b)(A) “Air filter” means an air filtering device that uses a high-efficiency particulate air (HEPA) filter to remove contaminating particles from the a…
ORS 431A.450 Automated external defibrillators required at health clubs; exception. (1) As used in this section, “health club” means an indoor facility
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(a) With the primary purpose of offering exercise or athletic activities that patrons or members may participate in for a fee; and (b) That typically has at the facility on a regular business day 50 or more persons who are employees, patrons or members participating in the exerci…
ORS 431A.455 Automated external defibrillators required at places of public assembly; exceptions. (1) As used in this section, “place of public assembly” means a single building that has 50,000 square feet or more of indoor floor space and where
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(a)(A) The public congregates for purposes such as deliberation, shopping, entertainment, amusement or awaiting transportation; or (B) Business activities are conducted; and (b) At least 50 individuals congregate on a normal business day. (2) Notwithstanding ORS 431A.450 (3), the…
ORS 431A.460 Legislative findings. The Legislative Assembly recognizes that substance use disorders, including opioid and opiate addiction, negatively impact the residents of this state. Therefore, it is the intent of the Legislative Assembly that substance use disorders be considered as chronic illnesses for which commensurate treatment is available and provided. [2019 c.583 §1]
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[Repealed or reserved.]
ORS 431A.463 Prohibition on requiring prior authorization of payment for substance use disorder treatment; rules. (1) As used in this section, “medication-assisted treatment” means any medication, and the dispensing or administering of the medication, that is approved by the United States Food and Drug Administration on or before January 1, 2024, for the treatment of substance use disorders, and that is used for that purpose, including opioid and opiate addiction
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(2) The Oregon Health Authority shall prohibit coordinated care organizations and public payers of health insurance from requiring prior authorization for the reimbursement of the costs of medication-assisted treatment. (3) Notwithstanding subsection (2) of this section, a coordi…
ORS 431A.475 Oregon Health Authority duties. (1) The Oregon Health Authority shall educate residents of this state about
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(a) The need for bone marrow donors; (b) The procedures required to become registered as a potential bone marrow donor, including procedures for determining a person’s tissue type; and (c) The medical procedures a donor must undergo to donate bone marrow or other sources of blood…
ORS 431A.500 [Formerly 431.290; repealed by 2025 c.405 §1]
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[Repealed or reserved.]
ORS 431A.505 [Formerly 431.292; repealed by 2025 c.405 §1]
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[Repealed or reserved.]
ORS 431A.510 [Formerly 431.294; repealed by 2025 c.405 §1]
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STROKE CARE
ORS 431A.525 Stroke Care Committee. (1) The Stroke Care Committee is established under the Oregon Health Authority
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(2) The Director of the Oregon Health Authority shall appoint at least 10 members to serve on the committee as follows: (a) Two physicians who specialize in the care of stroke patients, one of whom is a neurologist; (b) One physician who specializes in emergency medicine; (c) At …
ORS 431A.530 Oregon Health Authority duties; database; confidentiality. (1) The Oregon Health Authority shall, in accordance with recommendations made by the Stroke Care Committee established under ORS 431A.525, establish and implement a plan for achieving continuous improvement in the quality of stroke care. In implementing the plan, the authority shall
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(a) Require hospitals certified as Comprehensive Stroke Centers or Primary Stroke Centers through the Joint Commission or an equivalent organization, and encourage all other hospitals, to submit stroke care data to a database designated by the authority. A hospital that submits s…
ORS 431A.550 Facilities to provide notice; rules. (1) A facility, as defined in 42 U.S.C. 263b, must provide written notice, in the form prescribed by the Oregon Health Authority under subsection (2) of this section, to a patient on whom the facility has performed a mammogram if the mammogram shows the patient has dense breast tissue
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(2) The authority shall prescribe by rule the form and content of the notice provided under subsection (1) of this section. The notice must include but is not limited to all of the following: (a) Information about breast density, based on the Breast Imaging Reporting and Data Sys…
ORS 431A.560 Educational materials about breast reconstruction; requirements. (1) The Oregon Health Authority shall make written materials available on the authority’s website to educate breast cancer patients about the availability of insurance coverage for breast reconstruction surgery and breast prostheses following a mastectomy. The authority shall update the materials at least annually
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(2) The authority shall place a link to the educational materials described in subsection (1) of this section next to a link on the website to information about breast cancer screenings and under a tab designated “Breast Reconstruction Education.” The materials must include links…
ORS 431A.570 Significant exposure to bodily fluids; petition to compel testing; confidentiality of results. (1) As used in this section
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(a) “Communicable disease” has the meaning given that term in ORS 431A.005. (b) “Good faith effort to obtain the voluntary consent of the source person” includes a good faith effort to locate or contact the source person. (c) “Significant exposure” means direct contact with blood…
ORS 431A.575 Oregon Health Authority to provide pamphlets. The Oregon Health Authority shall provide to the counties of this state pamphlets described in ORS 106.081. The authority may produce such pamphlets with moneys available for the purpose or may accept a gift of such pamphlets from any public or private source if the content is acceptable to the authority. [Formerly 431.825]
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FEMALE GENITAL MUTILATION
ORS 431A.600 Oregon Health Authority to conduct prevention and education activities. The Oregon Health Authority shall establish and implement appropriate education, prevention and outreach activities in communities that traditionally practice female circumcision, excision or infibulation for the purpose of informing
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(1) Those communities of the health risks and emotional trauma inflicted by the practices; (2) Those communities and the medical community as to the existence and ramifications of ORS 163.207; and (3) Those communities that the practices constitute physical injuries to a child fo…