Title 36, Public Health and Safety

As used in ORS 431A.005 to 431A.020: (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 perso…

(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: (a) Investigate possible violations of public health law…

(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 Directo…

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] EMERGENCY MEDICAL SERVICES AND TRAUMA S…

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.…

(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 …

(1) With the advice of the State Trauma Advisory Board, the Oregon Health Authority shall: (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) Eac…

(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…

(1)(a) Area trauma advisory boards shall meet as often as necessary to: (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 wi…

(1) A provider may not be held liable for acting in accordance with approved trauma system plans. (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 liabi…

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] Note: 431A.080 is repealed January 1, 2027. See sections 43 and 44, chapt…

(1) The Emergency Medical Services and Trauma Systems Program is created within the Oregon Health Authority for the following purposes: (a) Administering and regulating ambulances; (b) Training and licensing emergency medical services providers; (c) Establishing and maintaining e…

(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) The a…

(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 s…

(1) As used in this section, “individually identifiable information” means: (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 provide…

(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 Service…

Subject to the availability of funds, the Oregon Health Authority shall implement a program for providing to emergency departments in real time notifications that: (1) Identify patients with hemo-globinopathies; and (2) Provide information on how to contact a hematologist in real…

(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: (a) Collect and analyze data on injury and viole…

(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. (2) The authority shall adopt rules for the program established under subsect…

(1) There is established in the General Fund the Tobacco Use Reduction Account. (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…

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: (1) Educating children on the health hazards and consequences of tobacco use; and (2) Promoting enrollment …

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 …

(1) As used in this section and ORS 431A.183: (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 subpa…

(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: (a) ORS 431A.175 or a rule adopted under …

(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. (b) The authority may commission employees of the author…

As used in ORS 431A.190 to 431A.216: (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 t…

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]

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…

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 …

(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) To be qualified for 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]

(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 a…

(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. (2) A contraband tobacco …

(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. (2) From moneys held in the suspense account, the department may pay expenses for the administration and enfo…

The Department of Revenue may adopt rules necessary for the effective administration of ORS 431A.190 to 431A.216. [2021 c.586 §11]

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 transfe…

(1) The Department of Revenue and the Oregon Health Authority shall: (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 author…

(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. (2) From moneys held in the suspense account, the department shall make t…

(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 woul…

(1) As used in this section: (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…

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 sa…

ORS 431A.253 to 431A.280 shall be known and may be cited as the Toxic-Free Kids Act. [2015 c.786 §1]

As used in ORS 431A.253 to 431A.280: (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 breakdow…

(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 R…

(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 …

(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 431…

(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 …

(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: (a) Includes an alternatives assessment demonstrating that removal of the high priority chemical of con…

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 …

(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. (2) The authority may establish by rule a schedule of fees for manufacturers of children’s …