Title 36, Public Health and Safety

(1) Any person may bring an action against a public body, or an officer, employee or agent of a public body, for injunctive relief to enforce the requirements of ORS 435.190 to 435.245. (2) The court may award reasonable attorney fees and costs to a prevailing plaintiff in an act…

The Legislative Assembly declares that: (1) It is the public policy of this state that all Oregonians’ right to freedom from unreasonable government intrusion into their private lives, and specifically the right of consenting individuals to obtain and use methods of contraception…

As used in this section and ORS 435.254: (1) “Care to a victim of sexual assault” means a medical examination, procedure or service provided by a licensed medical provider to a victim of sexual assault. (2) “Culturally competent” means sensitive to the patient’s faith, race, ethn…

(1) A hospital providing care to a female victim of sexual assault shall: (a) Promptly provide the victim with unbiased, medically and factually accurate written and oral information about emergency contraception; (b) Promptly orally inform the victim of her option to be provided…

The Oregon Health Authority may impose a civil penalty against a hospital for each violation of the rules adopted under ORS 435.254. A civil penalty imposed under this section may not exceed $1,000 for each violation upon inspection or each substantiated complaint filed. [2007 c.…

(1) Except as provided in subsection (3) of this section, no hospital is required to admit any patient for the purpose of terminating a pregnancy. No hospital is liable for its failure or refusal to participate in such termination if the hospital has adopted a policy not to admit…

(1) A physician or naturopathic physician is not required to give advice with respect to or participate in any termination of a pregnancy if the refusal to do so is based on an election not to give such advice or to participate in such terminations and the physician or naturopath…

(1) Each induced termination of pregnancy which occurs in this state, regardless of the length of gestation, shall be reported to the Center for Health Statistics within 30 days by the person in charge of the institution in which the induced termination of pregnancy was performed…

(1) Violation of any of the provisions of ORS 435.010 to 435.130 is a Class C misdemeanor. (2) Sale at wholesale or retail of any goods of the class specified in ORS 435.010 that do not comply with standards promulgated under ORS 435.100 (1) is a Class C misdemeanor. [Subsection …

(1) A person may be sterilized by appropriate means upon request and upon the advice of a physician licensed under ORS chapter 677, naturopathic physician licensed under ORS chapter 685 or physician associate licensed under ORS 677.505 to 677.525. (2) A health care provider descr…

As used in this chapter unless the context requires otherwise: (1) “Best interest” means that: (a) The individual is physically capable of procreating; (b) The individual is likely to engage in sexual activity at the present or in the near future under circumstances likely to res…

The Legislative Assembly finds and declares that sterilization procedures are highly intrusive, generally irreversible and represent potentially permanent and highly significant consequences for individuals incapable of giving informed consent. The Legislative Assembly recognizes…

(1) In obtaining informed consent for sterilization a physician, physician associate or nurse practitioner must offer to answer any questions the individual to be sterilized may have concerning the proposed procedure, and must provide orally all of the following information or ad…

A petition for a determination of a person’s ability to give informed consent to a sterilization procedure may be filed by the person seeking sterilization, the attending physician, physician associate or nurse practitioner of the person seeking sterilization, or by an interested…

The petition for determination of ability to give informed consent for sterilization shall be executed under oath and shall set forth: (1) The name, age and residence of the respondent. (2) The names and residences of any parents, spouse, legal guardian or conservator of the resp…

(1) Upon such a petition for determination of ability to give informed consent, the court shall assign a time, not later than 30 days thereafter, and a place for hearing the petition. (2) The court may, at its discretion, hold a hearing on the petition at a place other than the c…

(1) If the respondent requests counsel but is determined to be financially eligible for appointed counsel at state expense, the court shall appoint suitable counsel to represent the respondent at state expense. (2) If the respondent is not represented by counsel and appears to be…

(1) At any hearing upon such petition, the court shall receive evidence concerning the respondent’s ability to give informed consent. Such evidence shall include, but shall not be limited to: (a) Testimony from the respondent regarding the respondent’s receipt and understanding o…

The respondent shall be present at any hearing regarding respondent’s ability to give informed consent to sterilization, unless that right is waived by the person, personally or through the respondent’s attorney. The court shall approve of a waiver only if the presence of the res…

(1) If the court does not determine by clear and convincing evidence that the respondent lacks the ability to give informed consent for sterilization: (a) If the court determines that the respondent has the ability to give informed consent to sterilization, the court shall issue …

(1) In determining whether sterilization is in the best interest of the respondent, the court shall hear evidence including, but not limited to, medical, psychological and social evidence as to whether such sterilization is in the best interest of the individual as defined in ORS…

If the respondent is determined to be financially eligible for appointed counsel at state expense, the court, upon the request of the person or upon its own motion, shall appoint suitable counsel to represent the respondent on appeal. Counsel appointed by the court shall be paid …

Nothing in this chapter limits surgical procedures which are medically indicated and which may result in sterilization. However, a hysterectomy shall not be performed solely for the purpose of sterilization or for the purpose of hygiene and sanitary care of a female’s menses. [19…

(1) The disposition of all cases under this chapter shall be reported to the State Court Administrator. The State Court Administrator shall forward any reported information to the system described in ORS 192.517 (1). (2) The system described in ORS 192.517 (1) shall review bienni…

As used in ORS 438.010 to 438.450, unless the context requires otherwise: (1) “Authority” means the Oregon Health Authority. (2) “Certificate” means a certificate issued by the authority or the federal government to a clinical laboratory in accordance with the Clinical Laboratory…

(1) The Oregon Health Authority shall verify the qualifications of each clinical laboratory in this state and shall issue or facilitate the issuance of a certificate to a clinical laboratory that satisfies the requirements of the Clinical Laboratory Improvement Amendments of 1988…

(1) Except as provided in subsection (2) of this section, a clinical laboratory in this state or out of this state may not perform health screen testing in this state without a permit issued by the Oregon Health Authority under ORS 438.150. (2) An employer may enter into a contra…

(1)(a) A clinical laboratory may apply for a permit to conduct health screen testing by submitting an application to the Oregon Health Authority. (b) The authority may issue a permit to a clinical laboratory to conduct health screen testing if the clinical laboratory satisfies th…

Subject to ORS chapter 183, the Oregon Health Authority may refuse to issue or renew or may suspend or revoke a certificate described in ORS 438.040, a permit for health screen testing described in ORS 438.150 or a permit for substances of abuse on-site screening testing describe…

A person is qualified to act as the laboratory director of the clinical laboratory at any accredited chiropractic college in this state for the benefit of chiropractic patients if that person is a chiropractic physician licensed by the State Board of Chiropractic Examiners, and p…

The Oregon Health Authority or its authorized representative may require the owner or director of a clinical laboratory certified under ORS 438.040 to submit initial laboratory findings indicative of communicable disease as defined by law or by rule. Each report shall include the…

(1) Except as otherwise provided in ORS 438.010 to 438.450, a clinical laboratory shall examine specimens only at the request of a physician, dentist, or other person authorized by law to use the findings of laboratory examinations. (2) A person may not report the result of any t…

(1) The Oregon Health Authority by rule shall set standards for substances of abuse on-site screening facilities that engage only in the initial testing for substances of abuse in the body, including application procedures and permit eligibility requirements for a facility to obt…

All moneys received by the Oregon Health Authority under ORS 438.010 to 438.450 and 438.990 shall be credited to the Public Health Account and shall be used for payment of the expenses of the authority in administering the provisions of ORS 438.010 to 438.450 and 438.990. [1969 c…

The Oregon Health Authority shall make such rules as are necessary for carrying out ORS 438.010 to 438.450. [Formerly 433.335; 2001 c.104 §176; 2009 c.595 §713; 2025 c.624 §34]

As used in ORS 438.605 to 438.620, 448.280 and 448.285: (1) “Accrediting authority” means the official accrediting authority for the Oregon environmental laboratory accreditation program comprised of the Director of the Oregon Health Authority or designee, the Director of the Dep…

(1) The Oregon Health Authority, in concurrence with the accrediting authority, may adopt by rule standards for any laboratory seeking accreditation and performing environmental testing for a fee or for determining compliance with environmental statutes, rules or regulations. (2)…

The Oregon Health Authority, in concurrence with the accrediting authority, shall establish by rule and implement an environmental laboratory accreditation program. The standards for accreditation may be equivalent to, but may not exceed, standards adopted by national accreditati…

(1) In conjunction with the environmental laboratory accreditation program established under ORS 438.615, the Oregon Health Authority may establish and collect a fee for laboratory accreditation under the program. A fee imposed under this section shall not exceed the cost of admi…

As used in ORS 438.705 to 438.720 and 438.994: (1) “Anatomical material” means the body of a dead human or a cell, group of cells or body part taken from the body of a dead human. (2) “Donor” has the meaning given that term in ORS 97.953. (3)(a) “Nontransplant anatomical research…

(1) A person may not act as a nontransplant anatomical research recovery organization unless the person is licensed as a nontransplant anatomical research recovery organization by the Oregon Health Authority. (2) The authority shall adopt rules establishing an application process…

(1) A nontransplant anatomical research recovery organization shall maintain a record of each donor from whom the organization obtains anatomical material. The record must include: (a) Documentation showing that the donor donated the anatomical material for the purpose of researc…

(1) The Oregon Health Authority may: (a) Adopt rules to implement ORS 438.705 to 438.720 and 438.994; (b) Inspect the premises and records of a nontransplant anatomical research recovery organization as is reasonably necessary to determine compliance with ORS 438.710 and 438.715;…

Violation of ORS 438.040 is a Class A misdemeanor. Each day of continuing violation shall be considered a separate offense. [1969 c.685 §22; 1977 c.582 §45; 2025 c.624 §36]

(1) In accordance with ORS chapter 183, the Oregon Health Authority may: (a) Impose a civil penalty in an amount not to exceed $1,000 for each violation of ORS 438.710 or 438.715; and (b) Suspend or revoke a license issued or renewed under ORS 438.710 for a violation of ORS 438.7…

(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 i…

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: (1) A successor health district is: (a) The owner of all assets of the…

As used in ORS 440.315 to 440.410, unless the context requires otherwise: (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. (…

(1)(a) Health districts may be formed for the purposes of: (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) …

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 §25…