Chapter 433 — Chapter 433
249 sections in this chapter.
ORS 433.001 Definitions for ORS 433.001 to 433.045 and 433.110 to 433.770. As used in ORS 433.001 to 433.045 and 433.110 to 433.770 unless the context requires otherwise
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(1) “Communicable disease” has the meaning given that term in ORS 431A.005. (2) “Control” means a person without a reportable disease about whom information is collected for purposes of comparison to a person or persons with the reportable disease. (3) “Disease outbreak” has the …
ORS 433.003 [1973 c.259 §4 (enacted in lieu of 433.005); repealed by 1987 c.600 §18]
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[Repealed or reserved.]
ORS 433.004 Reportable diseases; duty to report; investigation; effect of failure to report; rules. (1) The Oregon Health Authority shall by rule
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(a) Specify reportable diseases and when the diseases must be reported under this section; (b) Identify those categories of persons who must report reportable diseases and the circumstances under which the reports must be made; (c) Prescribe the procedures and forms for making su…
ORS 433.005 [Repealed by 1973 c.259 §3 (433.003 enacted in lieu of 433.005)]
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[Repealed or reserved.]
ORS 433.006 Investigation and control measures; rules. (1) Except as provided in subsection (2) or (3) of this section, in response to each report of a reportable disease, the local public health administrator shall ensure that investigations and control measures, as prescribed by Oregon Health Authority rule, are conducted
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(2) If there has been a transfer of responsibility from a local public health authority to the Oregon Health Authority under ORS 431.382, the Oregon Health Authority shall ensure that investigations and control measures are conducted, as funding allows, pursuant to rules adopted …
ORS 433.008 Confidentiality of disclosure; exceptions; privilege. (1)(a) Except as provided in subsection (2) of this section, information obtained by the Oregon Health Authority, a local public health administrator, a tribe or a tribal epidemiology center in the course of an investigation of a reportable disease or disease outbreak is confidential and is exempt from disclosure under ORS 192.311 to 192.478
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(b) Except as required for the administration or enforcement of public health laws or rules, a state or local public health official or employee or an official or employee of a tribe or a tribal epidemiology center may not be examined in an administrative or judicial proceeding a…
ORS 433.009 Reporting by law enforcement unit. (1) Notwithstanding ORS 192.345 (3), 192.355 (2) and 433.045, if, during the course of a criminal investigation, a law enforcement unit acquires information that the person who is charged with a crime or sentenced for a crime has a reportable disease, the law enforcement unit shall disclose that information to the public health authorities who shall confirm the diagnosis and notify any police officer, corrections officer or emergency medical services provider who had significant exposure to the person
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(2) As used in this section: (a) “Emergency medical services provider” has the meaning given that term in ORS 682.025. (b) “Law enforcement unit,” “police officer” and “corrections officer” have the meanings given those terms in ORS 181A.355. (c) “Reportable disease” means a dise…
ORS 433.010 Spreading disease prohibited; health certificates to be issued by health professionals; rules. (1) No person shall willfully cause the spread of any communicable disease within this state
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(2) Whenever the laws of this state require a person to secure a health certificate, such certificate shall be acquired from a physician licensed by the Oregon Medical Board or the Oregon Board of Naturopathic Medicine, a physician associate licensed under ORS 677.505 to 677.525 …
ORS 433.012 Oregon Health Authority to provide laboratory examination; rules. The Oregon Health Authority shall provide the necessary laboratory examinations requested by local health departments for the diagnosis of those communicable diseases identified by rule of the authority to be a reportable disease. [1987 c.600 §7; 2009 c.595 §629]
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[Repealed or reserved.]
ORS 433.015 [Repealed by 1973 c.259 §20]
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[Repealed or reserved.]
ORS 433.017 Test of blood of pregnant woman required; patient consent; rules. (1) A licensed physician, physician associate licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390 attending a pregnant woman in this state for conditions relating to her pregnancy during the period of gestation or at the time of delivery shall, as required by rule of the Oregon Health Authority, take or cause to be taken a sample of blood of every woman so attended at the time of the first professional visit or within 10 days thereafter. The blood specimen obtained under this subsection must be submitted to a licensed laboratory for tests related to any infectious condition which may affect a pregnant woman or fetus, as the authority shall by rule require, including but not limited to an HIV test as defined in ORS 433.045
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(2) Every other person permitted by law to attend a pregnant woman in this state, but not permitted by law to take blood samples, shall, as required by rule of the authority, cause a sample of blood of such pregnant woman to be taken by a licensed physician, physician associate l…
ORS 433.019 [1987 c.600 §10; 1989 c.224 §86; 1991 c.207 §1; 2001 c.962 §74; 2003 c.555 §§7,8; repealed by 2007 c.445 §42]
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[Repealed or reserved.]
ORS 433.020 [Repealed by 1973 c.259 §20]
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[Repealed or reserved.]
ORS 433.022 [1987 c.600 §11; repealed by 2007 c.445 §42]
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[Repealed or reserved.]
ORS 433.025 [Amended by 1973 c.259 §6; 1987 c.600 §15; 1989 c.915 §8; renumbered 431.175 in 1989]
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[Repealed or reserved.]
ORS 433.035 Testing or examination of persons with certain diseases or conditions; order for medication or treatment. (1)(a) The Public Health Director or a local public health administrator may require testing or medical examination of any person who may have, or may have been exposed to, a communicable disease identified by rule of the Oregon Health Authority to be a reportable disease, a new or uncommon disease of potential public health significance, or a condition that is the basis of a state of public health emergency declared by the Governor as authorized by ORS 433.441. The Public Health Director or the local public health administrator must issue a written order for testing or medical examination pursuant to this section
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(b) A written order must: (A) Include findings stating the communicable disease that the Public Health Director or the local public health administrator believes the person has and the reasons for that belief. (B) State whether medical or laboratory confirmation of the disease is…
ORS 433.040 Oregon Vaccine Education and Prioritization Plan; implementation of plan during vaccine shortage; rules; penalties. (1) As used in this section, “vaccine” includes vaccines, immune products and chemoprophylactic medications
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(2) When the State Health Officer of the Oregon Health Authority determines that there is clear evidence that adverse and avoidable health outcomes from a preventable and acute communicable disease are expected to affect identifiable categories of high-risk individuals throughout…
ORS 433.045 Notice of HIV test required; exceptions. (1) As used in this section
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(a) “Health care provider” means an individual licensed by a health professional regulatory board, as defined in ORS 676.160, the Long Term Care Administrators Board, the Board of Licensed Dietitians or the Behavior Analysis Regulatory Board. (b) “HIV test” means a test of an ind…
ORS 433.055 Prevalence studies. (1) The Oregon Health Authority shall conduct studies of the prevalence of the HIV infection in this state. The authority shall report findings to the Oregon Public Health Advisory Board, the Conference of Local Health Officials, the Emergency Board and other interested bodies at regular intervals, commencing in January 1988. The authority may cause the prevalence study of persons sentenced to the Department of Corrections of this state, as defined in ORS 421.005, to be made
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(2) Prior consent to HIV antibody testing need not be obtained from an individual if the test is for the purpose of research as authorized by the authority and if the testing is performed in a manner by which the identity of the test subject is not known, and may not be retrieved…
ORS 433.060 Definitions for ORS 433.060 to 433.080. As used in ORS 433.060 to 433.080 unless the context requires otherwise
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(1) “Authority” means the Oregon Health Authority. (2) “Health care facility” means a facility as defined in ORS 442.015 and a mental health facility, alcohol treatment facility or drug treatment facility licensed or operated under ORS chapter 426 or 430. (3) “Hepatitis test” mea…
ORS 433.065 Procedures for HIV testing; rules. (1) The Oregon Health Authority shall by rule prescribe procedures
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(a) Whereby a worker who has experienced an occupational exposure may request or cause to be requested the source person’s voluntary consent to an HIV test; (b) Whereby a person who, while being administered health care, has experienced a substantial exposure from a worker shall …
ORS 433.070 Compliance with procedures required. (1) Workers, health care facilities, licensed health care providers, local public health administrators and officers and others upon whom duties are imposed by rules adopted under ORS 433.065 shall comply with such requirements
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(2) Any person having information as to the location of a source person shall, when requested for the purpose of carrying out ORS 433.045 and 433.060 to 433.080 and rules hereunder, provide that information. [1989 c.878 §3]
ORS 433.075 Responsibility for cost of test; confidentiality. (1) When an HIV test is performed pursuant to ORS 433.080 or rules adopted under ORS 433.065, the exposed person requesting the test, or the exposed person’s employer in the case of an occupational exposure, shall be responsible for the cost of the testing
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(2) If an employer provides a program of prevention, education and testing for HIV exposures for its employees, an employee to be tested under ORS 433.060 to 433.080 shall comply with the procedures provided by the program. (3) When an HIV test is performed pursuant to ORS 433.08…
ORS 433.080 When test may be required; procedure to require test; rules. When the Oregon Health Authority declares by rule that mandatory testing of source persons could help a defined class of workers from being infected or infecting others with the human immunodeficiency virus, the following apply
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(1) When a source person, after having been first requested to consent to testing by rules adopted under ORS 433.065, has refused or within a time period prescribed by rule of the authority has failed to submit to the requested test, except when the exposed person has knowledge t…
ORS 433.082 Oregon Health Authority to provide certain hospitals supply of HIV drugs or therapies. (1) As used in this section
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(a) “Type A hospital” means a rural hospital described in ORS 442.470 (6)(a)(A). (b) “Type B hospital” means a rural hospital described in ORS 442.470 (6)(a)(B). (2) Once each calendar year, the Oregon Health Authority shall provide to each type A hospital and to each type B hosp…
ORS 433.085 [1999 c.807 §3; 2005 c.471 §2; 2007 c.228 §1; 2009 c.595 §639; 2011 c.703 §38; 2012 c.26 §6; repealed by 2017 c.696 §2]
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IMMUNIZATION REGISTRY AND TRACKING SYSTEM
ORS 433.090 Definitions for ORS 433.090 to 433.102. As used in ORS 433.090 to 433.102
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(1) “Authorized user” means a person or entity authorized to provide information to or to receive information from an immunization registry or tracking and recall system under ORS 433.090 to 433.102. “Authorized user” includes, but is not limited to: (a) The Oregon Health Authori…
ORS 433.092 Purpose of ORS 433.090 to 433.102; waivers of consent to release certain medical information. The purpose of ORS 433.090 to 433.102 is to waive the requirement of consent for release of information from, or providing information to, the immunization record of a client of any immunization registry and to waive issues of confidentiality in regard to this information. The waiver allows authorized users to share information from the immunization record through or between immunization registries without violating confidentiality. The immunization registries and the associated tracking and recall systems are designed to increase the state’s immunization rates for clients and help prevent the spread of the diseases at which the immunizations are aimed. Immunizations are a proven benefit to individuals and society. An immunization registry reduces inappropriate immunizations and increases appropriate immunizations because clients’ records will be easily available to authorized users. [1993 c.297 §2; 2007 c.196 §2]
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[Repealed or reserved.]
ORS 433.094 Development of immunization registry and tracking and recall system; standards; release of information. (1) The Oregon Health Authority, a local health department, or both, or their agents or other providers may develop an immunization registry and an associated tracking and recall system
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(2) The immunization registry and tracking and recall system shall include, but not be limited to, the following: (a) Registering all clients born in, living in or receiving services in this state; (b) Tracking and updating immunization histories of the registered clients; (c) Al…
ORS 433.095 Reporting information to registry; rules. The Oregon Health Authority shall adopt rules requiring dentists and pharmacists to report information about the administration of vaccines to the immunization registry created under ORS 433.094. [2009 c.250 §2; 2011 c.720 §194; 2019 c.58 §3]
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Note: 433.095 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 433.096 Receiving and disclosing registry information. Nothing in ORS 179.505, 192.311 to 192.478, 192.553 to 192.581 or 677.190 (5) or the client and provider privilege prevents
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(1) Authorized users from providing information to and receiving information from the immunization registry regarding a client’s immunization record or tracking and recall record; or (2) The immunization registry from: (a) Providing immunization information to or receiving immuni…
ORS 433.098 Nonliability for disclosing or using information; confidentiality of information; removal of information. (1) An authorized user and the employees or agents of an authorized user are not liable for sharing or using information from the immunization registry regarding a client’s immunization record or tracking and recall record as provided in ORS 433.094
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(2) Information in an immunization registry regarding a client’s immunization record or tracking and recall record, or derived from the registry or record, is confidential and may not be disclosed to any person who is not specifically authorized to receive information under ORS 4…
ORS 433.100 Parental consent not required for enrollment in registry; rules; fees. (1) The Oregon Health Authority shall adopt rules pertaining to the development and implementation of the immunization registries and associated tracking and recall systems. The rules must include a process that allows a client who is 18 years of age or older, a custodial parent or guardian to control the transfer of information from the client’s immunization record or tracking and recall record when such control is necessary to protect the health or safety of the family or the client
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(2) Nothing in this section requires the consent of a parent or guardian prior to enrolling the child in the registry or restricts the registry from providing information from a tracking and recall record to a custodial parent or guardian. (3)(a) Pursuant to rules adopted by the …
ORS 433.102 Parental responsibility for immunization; medical or religious exemptions. (1) Nothing in ORS 433.090 to 433.102 is intended to affect the responsibility of a parent or guardian to have a child of that parent or guardian properly immunized
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(2) Nothing in ORS 433.090 to 433.102 is intended to require immunization or tracking of any child otherwise exempt from immunization requirements under ORS 433.267 (1)(b) or (c). [1993 c.297 §§6,7]
ORS 433.103 Reporting and training requirements; exemptions; rules; redistribution of unused vaccines. (1) The Oregon Health Authority shall adopt rules requiring an entity that administers vaccines and receives vaccines from the authority to
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(a) Report information about the administration of the vaccine to the immunization registry created under ORS 433.094; and (b) At least once every two years, certify that employees of the entity have completed a training session approved by the authority on the storage, handling …
ORS 433.104 Use of immunization registry for potential catastrophic disease threat. (1) The immunization registry and associated tracking and recall systems established under ORS 433.094 may be used as a vaccination management and tracking system in preparation for a potential catastrophic disease threat, such as smallpox or pandemic influenza
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(2) When used as authorized by this section, the immunization registry may include persons of any age, and vaccination records may be shared with authorized users of the registry without obtaining the prior consent of the clients of the registry. (3) As used in this section, “cli…
ORS 433.105 [Repealed by 1973 c.259 §8 (433.106 enacted in lieu of 433.105)]
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[Repealed or reserved.]
ORS 433.106 [1973 c.259 §9 (enacted in lieu of 433.105); 1987 c.600 §9; repealed by 2007 c.445 §42]
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PUBLIC HEALTH MEASURES
ORS 433.110 Duty to prevent spread of communicable diseases; rules. Every physician, physician associate, naturopathic physician or nurse attending a person affected with any communicable disease shall use all precautionary measures to prevent the spread of the disease as the Oregon Health Authority may prescribe by rule. [Amended by 1973 c.259 §10; 2005 c.471 §3; 2009 c.595 §643; 2014 c.45 §54; 2017 c.356 §63; 2024 c.73 §79]
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[Repealed or reserved.]
ORS 433.115 [Repealed by 1973 c.259 §20]
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[Repealed or reserved.]
ORS 433.120 [Repealed by 1973 c.259 §20]
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[Repealed or reserved.]
ORS 433.121 Emergency administrative order for isolation or quarantine; contents; ex parte court order. (1) The Public Health Director or a local public health administrator may issue an emergency administrative order causing a person or group of persons to be placed in isolation or quarantine if the Public Health Director or the local public health administrator has probable cause to believe that a person or group of persons requires immediate detention in order to avoid a clear and immediate danger to others and that considerations of safety do not allow initiation of the petition process set out in ORS 433.123. An administrative order issued under this section must
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(a) Identify the person or group of persons subject to isolation or quarantine; (b) Identify the premises where isolation or quarantine will take place, if known; (c)(A) Describe the reasonable efforts made to obtain voluntary compliance with a request for an emergency public hea…
ORS 433.123 Petition for court order for isolation or quarantine; contents; hearing on petition; contents of order; duration of isolation or quarantine. (1) The Public Health Director or a local public health administrator may petition the circuit court for an order authorizing
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(a) The isolation or quarantine of a person or group of persons; or (b) The continued isolation or quarantine of a person or group of persons detained under ORS 433.121. (2) A petition filed under subsections (1) and (9) of this section must: (a) Identify the person or group of p…
ORS 433.125 [Repealed by 1973 c.259 §20]
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[Repealed or reserved.]
ORS 433.126 Notice to persons subject to order; rules. (1) The Public Health Director or the local public health administrator shall provide the person or group of persons detained or sought for detention under ORS 433.121 or 433.123 with a written notice informing the person or group of persons of
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(a) The right to legal counsel, including how to request and communicate with counsel; (b) The right to petition the circuit court for release from isolation or quarantine and the procedures for filing a petition; (c) The conditions of and principles of isolation and quarantine s…
ORS 433.128 Conditions of and principles for isolation or quarantine; notice to manager of health care facility. When isolating or quarantining a person or group of persons in accordance with ORS 433.121 or 433.123, the Public Health Director or the local public health administrator shall adhere to the following conditions and principles
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(1) Isolation or quarantine must be by the least restrictive means necessary to prevent the spread of a communicable disease or possibly communicable disease to others or to limit exposure to or contamination with a toxic substance by others, and may include, but is not limited t…
ORS 433.130 [Amended by 1973 c.259 §11; 1987 c.600 §12; repealed by 2007 c.445 §42]
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[Repealed or reserved.]
ORS 433.131 Entry into premises used for isolation or quarantine; rules. (1) Entry into premises used for isolation or quarantine shall be allowed under the following conditions
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(a) The Public Health Director or the local public health administrator may authorize physicians or other health care workers or other persons access to persons or groups of persons who are in isolation or quarantine pursuant to ORS 433.121 or 433.123 as necessary to meet the nee…
ORS 433.133 Court hearing and order for release from isolation or quarantine or for remedy for breach of required conditions of isolation or quarantine. (1)(a) Any person or group of persons who is isolated or quarantined pursuant to ORS 433.121 or 433.123 may apply to the circuit court for an order to show cause why the individual or group should not be released
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(b) The court shall rule on the application to show cause within 48 hours of the filing of the application. (c) The court shall grant the application if there is a reasonable basis to support the allegations in the application, and the court shall schedule a hearing on the order …
ORS 433.135 [Amended by 1973 c.259 §12; repealed by 2007 c.445 §42]
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[Repealed or reserved.]