Title 36, Public Health and Safety

No person having delivered merchandise, such as clothing, wearing apparel of every description, hair goods, brushes, rubber goods, books, mattresses, blankets, sheets, pillows or other kinds of bedding, to any person or institution at or thereafter taken to any place where any co…

As used in ORS 433.735 to 433.770 and 433.990 (7): (1) “Organizer” includes any person who holds, stages or sponsors an outdoor mass gathering and the owner, lessee or possessor of the real property upon which the outdoor mass gathering is to take place. (2) “Outdoor mass gatheri…

The Legislative Assembly finds that the uncontrolled outdoor gatherings of large groups of persons for extended periods of time have necessitated a need for the establishment of reasonable health and safety rules to regulate such outdoor mass gatherings. [1971 c.597 §1]

(1) An organizer may not hold an outdoor mass gathering or allow an outdoor mass gathering to be held on real property that the organizer owns, leases or possesses unless the governing body of the county in which the outdoor mass gathering is to take place issues the organizer a …

(1) Unless a county decides that a land use permit is required, the county in which an outdoor mass gathering is to take place shall issue a permit upon application if the organizer demonstrates compliance with or the ability to comply with the health and safety rules governing o…

(1) In reviewing an application for a permit to hold an outdoor mass gathering, the county governing body may require such plans, specifications and reports as it may deem necessary for proper review and it may request and shall receive from all public officers, departments and a…

Notwithstanding any other provisions of law, the Oregon Health Authority shall, in accordance with the provisions of ORS chapter 183, make rules regulated according to anticipated crowds with respect to health and safety at outdoor mass gatherings which provide for: (1) Adequate …

(1) An application for an outdoor mass gathering for which the county decides that a land use permit is required, or for any gathering of more than 3,000 persons any part of which is held outdoors and which continues or can reasonably be expected to continue for a period exceedin…

ORS 433.735 to 433.770 and 433.990 (7) and any rules adopted under ORS 433.735 to 433.770 and 433.990 (7) do not preempt the right of a county to enact ordinances or regulations not inconsistent with ORS 433.735 to 433.770 and 433.990 (7) or any rules adopted under ORS 433.735 to…

ORS 433.735 to 433.770 and 433.990 (7) apply to outdoor mass gatherings defined by county ordinance as well as to those defined by ORS 433.735. [1981 c.82 §2; 2001 c.104 §160; 2007 c.445 §35; 2019 c.408 §4]

(1) In addition to and not in lieu of the maintenance of other actions for any violation of ORS 433.745, the district attorney for the county in which an outdoor mass gathering is to be held may maintain an action in any court of general equitable jurisdiction to prevent, restrai…

As used in ORS 433.800 to 433.830, unless the context requires otherwise: (1) “Adrenal crisis” means a sudden, severe worsening of symptoms associated with adrenal insufficiency, such as severe pain in the lower back, abdomen or legs, vomiting, diarrhea, dehydration, low blood pr…

It is the purpose of ORS 433.800 to 433.830 to provide a means of authorizing certain individuals when a licensed health care professional is not immediately available to administer lifesaving treatment to persons: (1) Who have severe allergic responses to insect stings and other…

The Oregon Health Authority shall: (1) Adopt rules necessary for the administration of ORS 433.800 to 433.830, including defining circumstances under which ORS 433.800 to 433.815, 433.817 and 433.825 shall apply. The authority shall include input from the educational system, heal…

(1) Educational training on the treatment of allergic responses, as required by ORS 433.800 to 433.830, shall be conducted by a physician, physician associate or nurse practitioner. The training may be conducted by any other health care professional licensed under ORS chapter 678…

Educational training on the treatment of allergic responses, as required by ORS 433.800 to 433.830, may be conducted by a public health authority or organization or by any other entity or individual approved by the Oregon Health Authority by rule. The training curricula under thi…

A person eligible to receive the training described in ORS 433.815 and 433.817 must meet the following requirements: (1) Be 18 years of age or older; and (2) Have, or reasonably expect to have, responsibility for or contact with at least one other person as a result of the eligib…

(1)(a) A person who has successfully completed educational training described in ORS 433.815 or 433.817 for severe allergic responses may receive from any health care professional who has appropriate prescriptive privileges and who is licensed under ORS chapter 677 or 678 a presc…

(1) No cause of action shall arise against a person who has successfully completed an educational training program described in ORS 433.815 or 433.817 for any act or omission of the person when acting in good faith while rendering emergency treatment pursuant to the authority gra…

As used in ORS 433.835 to 433.875: (1) “Cigar bar” means a business that: (a) Has on-site sales of cigars as defined in ORS 323.500; (b) Has a humidor on the premises; (c) Allows the smoking of cigars on the premises but prohibits the smoking, aerosolizing or vaporizing of other …

The people of Oregon find that because exposure to secondhand smoke, certain exhaled small particulate matter or other exhaled toxins is known to cause cancer and other chronic diseases such as heart disease, asthma and bronchitis, it is necessary to reduce exposure to such smoke…

(1) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument in a public place or place of employment except as provided in ORS 433.850. (2) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument wi…

(1) The Oregon Health Authority shall adopt rules establishing a certification system for smoke shops and any rules necessary for the implementation, administration and enforcement of ORS 433.835 to 433.875. In adopting rules under this section, the authority shall prohibit the s…

(1) An employer: (a) Shall provide for employees a place of employment that is free of all smoke, aerosols and vapors containing inhalants; and (b) May not allow employees to smoke, aerosolize or vaporize inhalants at the place of employment. (2) Notwithstanding subsection (1) of…

(1) The Oregon Health Authority, in accordance with the provisions of ORS chapter 183: (a) Shall adopt rules necessary to implement the provisions of ORS 433.835 to 433.875; (b) Is responsible for ensuring compliance with ORS 433.835 to 433.875 and rules adopted under ORS 433.835…

The Oregon Health Authority or local public health authority, as defined in ORS 431.003, may institute an action in the circuit court of the county where the violation occurred to enjoin repeated violations of ORS 433.850. [1981 c.384 §7; 2009 c.595 §687; 2015 c.736 §84]

ORS 433.835 to 433.875 and rules adopted under ORS 433.835 to 433.875 are in addition to and not in lieu of any other law regulating the smoking, aerosolizing or vaporizing of inhalants. [1981 c.384 §11; 2001 c.104 §164; 2001 c.990 §5; 2007 c.602 §6; 2015 c.158 §20]

ORS 433.835 to 433.875 and 433.990 (5) shall be cited as the Oregon Indoor Clean Air Act. [1981 c.384 §12; 2001 c.104 §165; 2007 c.445 §38] PENALTIES

(1) Violation of ORS 433.004 or 433.008, 433.255, 433.260 or 433.715 is a Class A misdemeanor. (2) Violation of ORS 433.010 is a Class C felony. (3) Violation of ORS 433.035 is a Class C misdemeanor. (4) Violation of ORS 433.131 is a Class D violation. (5) Violation of ORS 433.85…

Violation of ORS 433.329 is punishable, upon conviction, as provided in ORS 431.990. [Formerly 437.990] _______________

(1) Appliances, drugs or medicinal preparations intended or that have special utility for the prevention of conception or sexually transmitted infections, or both, may not be manufactured or sold at wholesale in this state without a license issued by the State Board of Pharmacy, …

(1) The following types of licenses shall be issued by the State Board of Pharmacy under ORS 435.010 to 435.130: (a) Wholesale licenses. (b) Manufacturing licenses. (2) The license application shall be made in writing on a form prescribed and furnished by the board and one such l…

Wholesale and manufacturer licenses shall be issued only to persons authorized to sell or distribute the appliances, drugs or medicinal preparations mentioned in ORS 435.010. [Amended by 1969 c.328 §3; 1977 c.328 §2]

(1) All licenses shall be issued by the State Board of Pharmacy on written application and payment of an annual license fee for each manufacturer or wholesale license, which fee shall not exceed $300. (2) Licenses shall be in effect for one year from January 1 of each year or suc…

(1) Notwithstanding ORS chapter 183, the State Board of Pharmacy may revoke any license for violation of ORS 435.010 to 435.130 by notice in writing to the holder of such license, stating specifically the reasons for revocation. (2) The board shall transmit a copy of such revocat…

(1) A licensee may, within 30 days from the date of the service of notice of revocation, appeal to the circuit court of the county in which the licensee is doing business under the license for a review of the action of the State Board of Pharmacy in revoking the license and of th…

The State Board of Pharmacy shall prepare, print and distribute rules and regulations not inconsistent with law, for the conduct of proceedings for the issue, enforcement and revocation of the licenses provided in ORS 435.010 to 435.130. [Amended by 1995 c.79 §222]

(1) Goods of the class specified in ORS 435.010 shall be sold at wholesale or at retail in this state only if they: (a) Specifically identify the manufacturer, date of manufacture or an expiration date and the distributor thereof by firm name and address on the container in which…

(1) The Oregon Health Authority shall adopt and promulgate from time to time and have jurisdiction over the establishing of such standards relating to and governing the articles and medicinal preparations mentioned in ORS 435.010 as may be deemed necessary by the authority in the…

In lieu of its own inspection program, the State Board of Pharmacy may enter into an agreement with the Oregon Health Authority or a local public health authority, as defined in ORS 431.003. The agreement shall authorize the Oregon Health Authority or the local public health auth…

All license fees collected under ORS 435.010 to 435.130 shall be retained and used by the board in carrying out and enforcing ORS 435.010 to 435.130, except as provided in this section. [Amended by 1987 c.905 §23]

Justice courts have concurrent jurisdiction with the circuit courts over all violations of ORS 435.010 to 435.130. REPRODUCTIVE HEALTH RIGHTS, INFORMATION AND SERVICES

As used in ORS 435.190 to 435.245: (1) “Contraception” includes: (a) Steroidal, chemical, physical or barrier, natural or permanent methods for preventing the union of an ovum with the spermatozoon, or for preventing the subsequent implantation of the fertilized ovum in the uteru…

(1) The Oregon Health Authority and every local health department shall offer family planning and birth control services within the limits of available funds. Both agencies jointly may offer the services described in this subsection. The Director of the Oregon Health Authority or…

Every individual has a fundamental right to make decisions about the individual’s reproductive health, including the right to make decisions about the individual’s reproductive health care, to use or refuse contraception, to continue the individual’s pregnancy and give birth or t…

(1) An individual’s acceptance or refusal to accept reproductive health care information and services may not: (a) Be grounds for the loss of any privilege or immunity to which the individual is otherwise entitled; or (b) Affect the individual’s right to receive public assistance…

(1) An officer, employee or agent of a public body may refuse to accept the duty of offering reproductive health care information and services to the extent that such duty is contrary to the personal or religious beliefs of the officer, employee or agent. However, such officer, e…

(1) The Oregon Health Authority may, subject to available funds, implement reproductive health services and education programs and provide funding for reproductive health services and education in this state. (2) In order to receive state or federal funding or reimbursement from …

ORS 435.205 to 435.235 shall be liberally construed to protect the rights of all individuals to pursue their religious beliefs, to follow the dictates of their own consciences, to prevent the imposition upon any individual of practices offensive to the individual’s moral standard…

(1) A public body or, except as provided in ORS 435.225, an officer, employee or agent of a public body may not: (a) Deprive a consenting individual of the choice of exercising the individual’s reproductive health rights under ORS 435.210; (b) Interfere with or restrict, in the r…