Title 36, Public Health and Safety

As used in ORS 433.001 to 433.045 and 433.110 to 433.770 unless the context requires otherwise: (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 o…

(1) The Oregon Health Authority shall by rule: (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) P…

(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. (2) If t…

(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 confiden…

(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 sha…

(1) No person shall willfully cause the spread of any communicable disease within this state. (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 Orego…

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]

(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…

(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 …

(1) As used in this section, “vaccine” includes vaccines, immune products and chemoprophylactic medications. (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 …

(1) As used in this section: (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…

(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…

As used in ORS 433.060 to 433.080 unless the context requires otherwise: (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 li…

(1) The Oregon Health Authority shall by rule prescribe procedures: (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 heal…

(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. (2) Any person having information as to the locatio…

(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. (2) If an employer pro…

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: (1) When a source person, after having been first r…

(1) As used in this section: (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 hos…

As used in ORS 433.090 to 433.102: (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 limite…

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 wa…

(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. (2) The immunization registry and tracking and recall system shall include, but not be limite…

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] Note: 433.095 was enacted into law by…

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: (1) Authorized users from providing information to and receiving information from the immunization registry regarding a client’s immunization record or tra…

(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. (2) Information in an immuniz…

(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 …

(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. (2) Nothing in ORS 433.090 to 433.102 is intended to require immunization or tracking of any child otherwise exemp…

(1) The Oregon Health Authority shall adopt rules requiring an entity that administers vaccines and receives vaccines from the authority to: (a) Report information about the administration of the vaccine to the immunization registry created under ORS 433.094; and (b) At least onc…

(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. (2) When used as …

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 §…

(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…

(1) The Public Health Director or a local public health administrator may petition the circuit court for an order authorizing: (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 un…

(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: (a) The right to legal counsel, in…

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: (1) Isolation or quarantine must be by the least res…

(1) Entry into premises used for isolation or quarantine shall be allowed under the following conditions: (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 …

(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. (b) The court shall rule on the application to show cause within 4…

Upon receiving multiple petitions under ORS 433.123, 433.133 or 433.142, to promote the fair and efficient operation of justice and having given due regard to the rights of affected persons, the severity of the threat to the public health, and the availability of necessary witnes…

(1) The circuit court shall cause to be recorded in the court records: (a) A full account of proceedings at hearings conducted pursuant to ORS 433.121, 433.123, 433.133 and 433.136; (b) The petitions, affidavits, judgments and orders of the court; and (c) A copy of the orders iss…

State and local law enforcement officials, to the extent resources are available, must assist the Public Health Director or the local public health administrator in enforcing orders issued under ORS 433.121, 433.123 and 433.142. [2007 c.445 §16]

(1) The expenses incurred under ORS 433.128, when properly certified by the local public health administrator, shall be paid by the person who is isolated or quarantined, when the person is able to pay the expenses. (2) The Oregon Health Authority may provide general assistance a…

(1) As used in this section, “to isolate property” means to restrict access to property in a manner that reduces or prevents exposure to a toxic substance by persons. (2) The Public Health Director or a local public health administrator may petition the circuit court to isolate p…

(1) Any city or municipality may establish a quarantine hospital within or without its own limits, but if within its own limits, consent of the municipality within which it is proposed to establish such hospital shall be first obtained. Such consent shall not be necessary if the …

All state and local law enforcement authorities shall cooperate with any officer authorized to impose isolation or quarantine in the enforcement thereof. [1973 c.259 §14 (enacted in lieu of 433.155); 2007 c.445 §18a]

If the Public Health Director finds that there is an imminent risk of the introduction into the state by means of any public or private conveyance of any dangerous communicable disease or toxic substance which presents a substantial threat to public health, the director may detai…

(1) If upon inspection pursuant to ORS 433.216, there is discovered among the passengers or goods being transported by any public or private conveyance the existence of any communicable disease or toxic substance that presents a substantial threat to public health, the Public Hea…

As used in ORS 433.235 to 433.284: (1) “Administrator” means the principal or other person having general control and supervision of a school or children’s facility. (2) “Children’s facility” or “facility” means: (a) A certified child care facility as described in ORS 329A.250 to…

(1) In adopting ORS 433.235 to 433.284, the Legislative Assembly recognizes the obligation of parents to have their children properly immunized and to provide to schools and facilities accurate records of immunization. (2) Notwithstanding ORS 339.030, nothing in ORS 433.235 to 43…

(1) The Director of the Oregon Health Authority shall appoint a committee to advise the Oregon Health Authority on the administration of the provisions of ORS 433.235 to 433.284, including the adoption of rules pursuant to ORS 433.269 (2), 433.273, 433.282 and 433.283. (2) Member…

Except in strict conformity with the rules of the Oregon Health Authority, no child or employee shall be permitted to be in any school or children’s facility when: (1) That child or employee has any restrictable disease; (2) That child or employee comes from any house in which ex…

(1) Whenever any administrator has reason to suspect that any child or employee has or has been exposed to any restrictable disease and is required by the rules of the Oregon Health Authority to be excluded from a school or children’s facility, the administrator shall send such p…

(1) As a condition of attendance in any school or children’s facility in this state, every child through grade 12 shall submit to the administrator, unless the school or facility the child attends already has on file a record that indicates that the child has received immunizatio…