Title 36, Public Health and Safety

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]

(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. (2) For purposes of assessing civil penalties under th…

(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 t…

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: (1) Any revision…

As used in ORS 431A.330 to 431A.349: (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 break…

(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. (b) The authority may include a class of chemicals on the list. If the autho…

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 websit…

(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: …

(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. (2) For purposes of assessing civil penalties under this section, a violation consists of a single course of conduct wit…

(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 …

As used in ORS 431A.355 and 431A.358: (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…

(1) The Oregon Health Authority shall: (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 traini…

(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. (2) A firm may not perform or offer to perform a renovation for compensation unless the firm is certified as provided under ORS 431…

(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: (a) The da…

(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: (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.3…

(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. (2)(a) The person se…

(1) As used in this section: (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 def…

(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: (a) Fund grants to eligible entities under the Healt…

(1) As used in this section: (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 c…

(1) As used in this section: (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 Ser…

(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 roo…

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: (1) The use of smoke filtrati…

(1) As used in this section: (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 conta…

(1) As used in this section, “health club” means an indoor facility: (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 pers…

(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: (a)(A) The public congregates for purposes such as deliberation, shopping, entertainment, amusement or awaiting transportation; or …

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 whic…

(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,…

(1) The Oregon Health Authority shall educate residents of this state about: (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 pr…

(1) The Stroke Care Committee is established under the Oregon Health Authority. (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…

(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 s…

(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 t…

(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 upd…

(1) As used in this section: (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” me…

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 ac…

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: (1) Those communities of the health risks and…

(1) The Oregon Health Authority shall establish an acquired immune deficiency syndrome program: (a) To provide education and prevention services to its clients; and (b) To provide education and prevention services to the public. (2) Programs authorized by this section may be oper…

(1) There is established as a separate and distinct fund in the State Treasury an Alzheimer’s Disease Research Fund. The Alzheimer’s Disease Research Fund shall consist of: (a) An amount credited to the fund pursuant to ORS 305.690 to 305.753, which shall be transferred by the De…

Oregon Health and Science University shall have access to and control of the moneys held in the Alzheimer’s Disease Research Fund established under ORS 431A.650 but shall use such moneys only for the purposes specified in ORS 431A.650 (2). [Formerly 431.860] MATERNAL MENTAL HEALT…

(1) The Maternal Mental Health Patient and Provider Education Program is created in the Oregon Health Authority. The goal of the program is to identify and address maternal mental health disorders and to prevent the associated long-term negative outcomes from the disorders that r…

(1) Physicians, nurse midwives, naturopathic physicians and other licensed health care professionals who provide prenatal and postnatal care to patients may provide to each patient, and family members of the patient, if appropriate, the informational materials published by the Or…

The Oregon Health Authority is authorized to apply for federal grants that are available under 42 U.S.C. 280g-11, 711 and 712 or any other appropriate federal funding source, and may solicit private gifts, grants or donations to carry out the provisions of ORS 431A.675. [Formerly…

(1) The Oregon Health Authority shall compile information on the following: (a) The dangers associated with adrenal insufficiency; (b) How to identify a person suffering an adrenal crisis; and (c) The types of medications that treat adrenal insufficiency. (2) The authority shall …

Using evidence-based data and best practices, the Oregon Health Authority shall promote oral health throughout this state by ensuring the availability of dental sealant programs to students attending school in this state. To fulfill its duties under this section, the authority sh…

As used in ORS 431A.775 and 431A.780: (1) “Person” includes an individual, partnership, association, corporation, private institution or governmental entity. (2) “Recombinant DNA research” means research on molecules that consist of segments of deoxyribonucleic acid from differen…

Persons carrying out recombinant DNA research must comply with the recombinant research guidelines adopted by the National Institutes of Health and any subsequent modifications thereof. [Formerly 431.810] COMMUNITY VIOLENCE INTERVENTION PROGRAMS

(1) The Oregon Health Authority shall establish a program to provide grants for planning, provider training and certification and general capacity to hospitals and community-based organizations to develop hospital-based violence intervention programs in communities of need other …

(1) As used in this section: (a) “Act of community violence” means an intentional act of interpersonal violence committed in public by someone who is not the victim’s family member or intimate partner. (b) “Certified violence prevention professional” means a person certified by a…

As used in ORS 431A.855 to 431A.900: (1) “Dental director” means a dentist, as defined in ORS 679.010, employed by a coordinated care organization, dental clinic or office, or a system of dental clinics or offices, for the purpose of overseeing the operations of the dental clinic…

(1)(a) The Oregon Health Authority, in consultation with the Prescription Monitoring Program Advisory Commission, shall establish and maintain a prescription monitoring program for monitoring and reporting: (A) Except as provided in subsection (4) of this section, prescription dr…

(1) Not later than 72 hours after dispensing a prescription drug that is subject to the prescription monitoring program established under ORS 431A.855, a pharmacy shall electronically report to the Oregon Health Authority: (a) For prescription drugs described in ORS 431A.855 (1)(…