Chapter 440 — Chapter 440
50 sections in this chapter.
ORS 440.010 [Amended by 1963 c.607 §1; 1967 c.613 §1; repealed by 1981 c.45 §1]
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[Repealed or reserved.]
ORS 440.020 [Amended by 1967 c.613 §2; repealed by 1981 c.45 §1]
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[Repealed or reserved.]
ORS 440.030 [Amended by 1963 c.607 §2; 1967 c.613 §4; repealed by 1981 c.45 §1]
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[Repealed or reserved.]
ORS 440.040 [1967 c.613 §3; repealed by 1981 c.45 §1]
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[Repealed or reserved.]
ORS 440.110 [Repealed by 1981 c.45 §1]
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[Repealed or reserved.]
ORS 440.120 [Repealed by 1981 c.45 §1]
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[Repealed or reserved.]
ORS 440.130 [Repealed by 1981 c.45 §1]
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[Repealed or reserved.]
ORS 440.140 [Repealed by 1981 c.45 §1]
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[Repealed or reserved.]
ORS 440.150 [Repealed by 1981 c.45 §1]
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[Repealed or reserved.]
ORS 440.160 [Repealed by 1981 c.45 §1]
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[Repealed or reserved.]
ORS 440.170 [Repealed by 1981 c.45 §1]
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[Repealed or reserved.]
ORS 440.180 [Amended by 1967 c.317 §1; repealed by 1981 c.45 §1]
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[Repealed or reserved.]
ORS 440.190 [Repealed by 1981 c.45 §1]
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[Repealed or reserved.]
ORS 440.200 [Amended by 1967 c.317 §2; repealed by 1981 c.45 §1]
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[Repealed or reserved.]
ORS 440.210 [Repealed by 1981 c.45 §1]
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[Repealed or reserved.]
ORS 440.220 [Amended by 1963 c.607 §3; repealed by 1981 c.45 §1]
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[Repealed or reserved.]
ORS 440.230 [Repealed by 1981 c.45 §1]
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HEALTH DISTRICTS
ORS 440.305 District created coterminous with each district existing on July 2, 1957; districts existing on July 2, 1957, abolished. (1) There hereby is created a health district territorially coterminous with each health district existing on July 2, 1957, if such existing health district was at that time a valid health district but for the fact that the electors of the district were required to have resided in the district for a period of not less than 90 days next preceding an election. In determining the boundaries of health districts created by this subsection, full effect shall be given to annexations effected by health districts prior to November 22, 1957, under ORS 441.205 to 441.410 (1957 Replacement Part)
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(2) Health districts created by subsection (1) of this section are subject to and shall be governed by ORS 440.315 to 440.410. (3) Health districts territorially coterminous with health districts created by subsection (1) of this section hereby are abolished. [Formerly 441.195]
ORS 440.310 New district succeeds to and replaces abolished district. Each health district created by ORS 440.305 (1) shall in all respects be the successor of and replace the territorially coterminous health district abolished by ORS 440.305 (3). Without limiting the foregoing
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(1) A successor health district is: (a) The owner of all assets of the succeeded health district, including real and personal property, money, water, water rights and riparian rights. (b) Successor party to the contracts of the succeeded health district. (c) Successor party to co…
ORS 440.315 Definitions for ORS 440.315 to 440.410. As used in ORS 440.315 to 440.410, unless the context requires otherwise
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(1) “County board” means the county court or board of county commissioners, as the case may be, of the county in which a district, or the greater portion of the taxable assessed value thereof, is located. (2) “County clerk” means the county clerk of the county in which a district…
ORS 440.320 Health districts authorized. (1)(a) Health districts may be formed for the purposes of
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(A) Providing clinically related diagnostic, treatment and rehabilitative services on an inpatient or outpatient basis; (B) Providing outreach programs in health care education, health care research and patient care; (C) Serving as a resource for health care providers in the dist…
ORS 440.325 Board of directors; qualifications. The power and authority given to health districts, except as otherwise provided by ORS 440.315 to 440.410, is vested in and shall be exercised by a board of directors each of whom shall be an elector of the district. [Formerly 441.280; 1979 c.520 §1; 1983 c.83 §86; 1983 c.350 §255; 1983 c.699 §5]
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[Repealed or reserved.]
ORS 440.327 First board of directors; how first terms computed; oath; terms; vacancy. (1) At the election for the first board of directors, five directors shall be elected. Their terms shall commence on the 30th day after the election. The terms of the candidates for the first board of directors who receive the first and second highest number of votes expire June 30 next following the second regular district election. The terms of the candidates who receive the third, fourth and fifth highest votes expire June 30 next following the first regular district election
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(2) Not later than the 10th day after the issuance of the order of formation, the directors of the first board shall take and subscribe an oath of office and then meet and organize. (3) Except as provided in subsection (1) of this section, the term of a director is four years. (4…
ORS 440.330 Number of directors; terms; effect of absence; district employee not eligible to serve on board. (1) The board of directors of a district, by resolution offered and adopted at any regular meeting of the board, may increase the number of directors from five to no more than 15
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(2) If the number of directors is increased by action of the board, the board shall not fill by appointment any newly created position on the board, but shall provide for the election at the next regular district election of a sufficient number of additional directors to fill the…
ORS 440.335 Election of officers of board of directors; duties; quorum. (1) The directors of a health district shall, at the time of their organization, choose from their number a chairperson, a secretary and a treasurer, who shall hold their offices until their successors are elected and qualified
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(2) These officers shall have, respectively, the powers and shall perform the duties usual in such cases. (3) A majority shall constitute a quorum to do business and, in the absence of the chairperson, any other member may preside at any meeting. [Formerly 441.290; 2007 c.71 §124…
ORS 440.340 Directors; meetings; rules. The district board shall hold meetings at such time and place within the district as it may, from time to time, determine, but it shall hold at least one regular meeting in each month on a day to be fixed by it, and may hold special meetings under such rules as it may make. [Formerly 441.295]
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[Repealed or reserved.]
ORS 440.345 Position numbers for election of directors. (1) Each office of director of a health district shall be designated by number as Position No. 1, Position No. 2 and so forth
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(2) The secretary of a district shall assign a position number to each office on the board. The secretary shall certify the number so assigned to the director in office holding that position and shall file one copy of the certification in the records of the elections officer for …
ORS 440.347 District elections. (1) ORS chapter 255 governs the following
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(a) The nomination and election of directors. (b) The conduct of district elections. (2) The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205. [1983 c.350 §261]
ORS 440.350 Call of special elections. The board, at any regular meeting, may call a special election of the electors of the district. [Formerly 441.305]
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[Repealed or reserved.]
ORS 440.355 [Formerly 441.315; repealed by 1979 c.190 §431]
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[Repealed or reserved.]
ORS 440.360 Powers of health districts. A health district has all powers necessary to carry out the purposes of ORS 440.315 to 440.410, including, but not limited to, the power
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(1) To provide directly or indirectly any physical or mental health related service. (2) To make any contract or agreement, to purchase and lease real and personal property, to enter into business arrangements or relationships with public or private entities and to create and par…
ORS 440.365 User charges. A health district is authorized to charge persons who use district facilities and services. [Formerly 441.325; 1999 c.630 §3]
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[Repealed or reserved.]
ORS 440.370 Eminent domain. A health district may exercise within its boundaries the power of eminent domain and may purchase, sell, condemn and appropriate real property, water, water rights and riparian rights. [Formerly 441.330; 2003 c.802 §114]
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[Repealed or reserved.]
ORS 440.375 Authority to issue bonds. (1) For the purpose of carrying into effect the powers granted by ORS 440.315 to 440.410, a health district, when authorized at any properly called election held for that purpose, may borrow money and sell and dispose of general obligation bonds
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(2) If prior to April 1, 1983, a health district had outstanding indebtedness incurred pursuant to ORS 440.360 (1)(k) (1997 Edition), a health district may issue general obligation bonds pursuant to this section in an amount not to exceed the unpaid principal of and interest on s…
ORS 440.380 Bonds; maturity; interest; conditions. (1) The bonds shall mature serially within not to exceed 30 years from issue date
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(2) The bonds shall bear such rate of interest as the district board shall determine. (3) The bonds shall be so conditioned that the health district agrees therein to pay to the bearer, at a place named, the principal sum of the bonds with interest at the rate named, payable semi…
ORS 440.385 Pledge of income and revenues to secure payment of bonds. (1) For the purpose of additionally securing the payment of the principal of and interest on general obligation bonds issued under ORS 440.375, a health district may, by resolution of the district board, which resolution shall constitute part of the contract with the holders of such general obligation bonds, pledge all or any part of the net income or revenue of its properties
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(2) The district board may adopt such a resolution without submitting the question of such pledge to electors of the health district. [Formerly 441.350]
ORS 440.390 Issuance of bonds. All general obligation bonds issued under ORS 440.375 shall be issued as prescribed in ORS chapter 287A. [Formerly 441.355; 2007 c.783 §185]
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[Repealed or reserved.]
ORS 440.395 Tax levies; use; extension; collection; default. (1) Any health district may assess, levy and collect taxes not to exceed one-fourth of one percent (0.0025) of the real market value of all taxable property within the district, computed in accordance with ORS 308.207. The proceeds of such taxes shall be applied by it in carrying out the objects and purposes provided in ORS 440.320
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(2) A health district, each year, may also assess, levy and collect a special tax upon all such property, real and personal, in an amount sufficient to pay the yearly interest on bonds theretofore issued by the district and then outstanding, together with any portion of the princ…
ORS 440.397 Filing of boundary change. For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 §28]
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[Repealed or reserved.]
ORS 440.400 Expenditure and accounting of district funds. (1) Except as otherwise provided by subsections (3) and (4) of this section, all moneys of a health district shall be deposited in accordance with ORS 295.001 to 295.108, as designated by the district board. Moneys shall be withdrawn or paid out only when previously ordered by resolution or vote of the board, and upon checks signed as provided by subsection (2) of this section. Receipts or vouchers, showing clearly the nature and items covered by each check drawn, shall be kept on file
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(2) Except for checks issued in accordance with subsection (3) of this section, checks of a district shall be signed: (a) By the treasurer and countersigned by the chairperson, or in the absence or inability of the chairperson to act, by the secretary; or (b) By an administrative…
ORS 440.403 Adoption of health district budget. (1) A health district shall adopt an annual budget by
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(a) Preparing a proposed budget for the fiscal year not later than June 1 of each year; (b) Publishing a notice of the proposed budget and of the date and place of a hearing on the proposed budget five to 30 days prior to the hearing; (c) Holding a public hearing on the proposed …
ORS 440.405 District records open to inspection; preservation of records. (1) All the proceedings of the district board shall be entered at large in a record book
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(2) All books, maps, plans, documents, correspondence, vouchers, reports and other papers and records pertaining to the business of the health district shall be carefully preserved and shall be open to inspection as public records. [Formerly 441.370]
ORS 440.410 Annual audit. An annual audit of the district shall be made by an auditor. A true and complete copy of the auditor’s report of such audit shall be filed in the office of the county clerk of the principal county, as defined by ORS 198.705, and shall remain a public record therein. [Formerly 441.375]
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[Repealed or reserved.]
ORS 440.420 [2001 c.405 §1; 2009 c.595 §718; repealed by 2015 c.70 §13]
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PORT HOSPITALS
ORS 440.505 Port hospitals; levy of taxes; property exempt from taxation. (1) A port may construct, maintain and operate hospitals within its boundaries, subject to the provisions and limitations upon indebtedness of the port imposed by law. However, after June 23, 1967, a port may not construct or acquire a hospital if any part of a health district organized pursuant to ORS 440.315 to 440.410 lies within the boundaries of the port
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(2) Should any port district under authority of subsection (1) of this section after August 20, 1957, construct, maintain and operate a hospital or hospital facilities and levy a tax for any indebtedness or other expense incurred therefor, all taxable property in the port distric…
ORS 440.600 Formation of Central Oregon Health Council. (1) Crook, Deschutes and Jefferson Counties may form a Central Oregon Health Council when the governing body of each of the counties adopts a resolution signifying the body’s intention to do so
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(2) A county that is adjacent to Crook, Deschutes or Jefferson County may join the council if: (a) The governing body of the county seeking to join the council adopts a resolution signifying the body’s intention to include a portion of that county in the region served by the coun…
ORS 440.601 Composition of Central Oregon Health Council; term of office; authority of council; rules. (1) The Central Oregon Health Council shall consist of no more than 15 members, including
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(a) One member each from the governing bodies of Crook, Deschutes and Jefferson Counties, appointed by each body; (b) The chief executive officer, or a designee of the chief executive officer, of the health care system serving the region; (c) The chief executive officer, or a des…
ORS 440.602 Advisory committee to Central Oregon Health Council. The Central Oregon Health Council may appoint an advisory committee to advise the council in the performance of the duties of the council. The members of the advisory committee may include representatives of
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(1) Public health agencies serving the region; (2) Behavioral health agencies for mental health authorities serving the region represented on the council; (3) Hospital or integrated delivery systems serving the region represented on the council; (4) Medicaid contractors in each r…
ORS 440.603 Regional health improvement plan. (1) As used in this section, “regional health improvement plan” means a four-year comprehensive, coordinated regional plan incorporating and replacing all health and human service plans prescribed by the Oregon Health Authority, including but not limited to
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(a) Plans required under ORS 430.630, 430.640 and 624.510; and (b) The community health assessment and community health improvement plan described in ORS 414.575. (2)(a) The Central Oregon Health Council shall conduct a regional health assessment and adopt a regional health impro…
ORS 440.604 Rules relating to regional health improvement plan. (1) By September 1, 2011, the Oregon Health Authority shall adopt by rule requirements for the regional health improvement plan adopted under ORS 440.603
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(2) The Oregon Health Authority shall adopt rules: (a) Necessary to implement ORS 440.600 to 440.603; and (b) That allow for the consolidation of planning and reporting requirements of the authority under ORS 440.603. [2011 c.418 §17] _______________