Title 36, Public Health and Safety

(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 …

(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. (2) If the number of directors is increased by action of the board, the board shall not fill by appo…

(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. (2) These officers shall have, respectively, the po…

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. [Form…

(1) Each office of director of a health district shall be designated by number as Position No. 1, Position No. 2 and so forth. (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 dir…

(1) ORS chapter 255 governs the following: (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 …

The board, at any regular meeting, may call a special election of the electors of the district. [Formerly 441.305]

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: (1) To provide directly or indirectly any physical or mental health related service. (2) To make any contract or agreement, to purchase and le…

A health district is authorized to charge persons who use district facilities and services. [Formerly 441.325; 1999 c.630 §3]

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]

(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. (2) If prior to April 1, 1983, a …

(1) The bonds shall mature serially within not to exceed 30 years from issue date. (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 …

(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 s…

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]

(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…

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]

(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 re…

(1) A health district shall adopt an annual budget by: (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…

(1) All the proceedings of the district board shall be entered at large in a record book. (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…

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…

(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 or…

(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. (2) A county that is adjacent to Crook, Deschutes or Jefferson County may join the co…

(1) The Central Oregon Health Council shall consist of no more than 15 members, including: (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 offic…

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: (1) Public health agencies serving the region; (2) Behavioral health ag…

(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: (a) Plans required un…

(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. (2) The Oregon Health Authority shall adopt rules: (a) Necessary to implement ORS 440.600 to 440.603; and (b) That allow for …

(1) No person or governmental unit, acting severally or jointly with any other person or governmental unit, shall establish, conduct, maintain, manage or operate a health care facility or health maintenance organization, as defined in ORS 442.015, in this state without a license.…

(1) Licenses for health care facilities, except long term care facilities as defined in ORS 442.015, must be obtained from the Oregon Health Authority. (2) Licenses for long term care facilities must be obtained from the Department of Human Services. (3) Applications shall be upo…

In determining whether to license a health care facility pursuant to ORS 441.025, the Oregon Health Authority or the Department of Human Services shall consider only factors relating to the health and safety of individuals to be cared for therein and the ability of the operator o…

(1)(a) Upon receipt of a license fee and an application to operate a health care facility other than a long term care facility, the Oregon Health Authority shall review the application and conduct an in-person site inspection of the health care facility. The authority shall issue…

(1) As used in this section: (a) “Extended stay center” means a facility that provides extended stay services. (b) “Extended stay services” means post-surgical and post-diagnostic medical and nursing services provided to a patient who is recovering from a surgical procedure perfo…

(1) The Oregon Health Authority or the Department of Human Services may assess a civil penalty and, pursuant to ORS 479.215, shall deny, suspend or revoke a license, in any case where the State Fire Marshal, or the representative of the State Fire Marshal, certifies that there is…

(1) As used in this section: (a) “Applicant” includes a person’s or governmental unit’s parent corporation or any entity affiliated with the person, governmental unit or parent corporation through ownership, governance, control or membership. (b) “Health care facility” does not i…

(1) When the Oregon Health Authority or the Department of Human Services proposes to refuse to issue or renew a license, or proposes to revoke or suspend a license, opportunity for hearing shall be accorded as provided in ORS chapter 183. (2) Adoption of rules, conduct of hearing…

(1) Notwithstanding the existence and pursuit of any other remedy, the Oregon Health Authority may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establ…

(1) Rules adopted pursuant to ORS 441.025 shall include procedures for the filing of complaints as to the standard of care in any health care facility and provide for the confidentiality of the identity of any complainant. (2) A health care facility, or person acting in the inter…

(1) A long term care facility may not interfere with the good faith disclosure of information by an employee or a volunteer concerning the abuse or mistreatment of a resident in the long term care facility, violations of licensing or certification requirements, criminal activity …

Upon the admission of a resident to a long term care facility, the facility shall provide the resident with information developed by the Long Term Care Ombudsman describing the availability and services of the ombudsman. [2019 c.117 §2] Note: 441.047 was added to and made a part …

(1) As used in this section: (a) “Advance directive” has the meaning given that term in ORS 127.505. (b) “Hospital” has the meaning given that term in ORS 442.015. (c) “POLST” has the meaning given that term in ORS 127.663. (2) A hospital may not: (a) Condition the provision of t…

(1) As used in this section: (a) “Hospital” has the meaning given that term in ORS 442.015, excluding the Oregon State Hospital. (b) “Patient” means a patient admitted to a hospital or in an emergency department who needs assistance to effectively communicate with hospital staff,…

(1) As used in this section: (a) “Aftercare” includes all of the following: (A) Assistance with activities of daily living or instrumental activities of daily living. (B) Medical or nursing tasks such as wound care, the administration of medications and the operation of medical e…

(1) Upon the discharge or release of a patient, a hospital licensed under this chapter shall provide to the patient at least two doses of an opioid overdose reversal medication and the necessary medical supplies to administer the medication if: (a) The hospital actively treated t…

(1) As used in this section: (a) “Behavioral health crisis” means a disruption in an individual’s mental or emotional stability or functioning resulting in an urgent need for immediate treatment to prevent a serious deterioration in the individual’s mental or physical health. (b)…

(1) As used in this section: (a) “Discharge” means the release of a patient from a hospital following admission to the hospital. (b) “Lay caregiver” means: (A) For a patient who is younger than 14 years of age, a parent or legal guardian of the patient. (B) For a patient who is a…

(1) The governing body of each health care facility shall be responsible for the operation of the facility, the selection of the medical staff and the quality of care rendered in the facility. The governing body shall: (a) Ensure that all health care personnel for whom state lice…

(1) The Oregon Health Authority shall prescribe by rule the information and documents that a governing body of an originating-site hospital may request for credentialing a telemedicine provider located at a distant-site hospital. (2) The rules adopted by the authority under subse…

The rules of a hospital that govern patient access to previously performed X-rays or diagnostic laboratory reports shall not discriminate between patients of chiropractic physicians and patients of other licensed medical practitioners permitted access to such X-rays and diagnosti…

(1) The Oregon Health Authority shall make or cause to be made in-person site inspections of health care facilities licensed under ORS 441.025 (1) at least once every three years. (2) The authority and the Department of Human Services may prescribe by rule that any licensee or pr…

(1) Upon agreement, the Director of Human Services may grant specific authorization to any local public health authority, as defined in ORS 431.003, to administer and enforce any law or rules of the Department of Human Services relating to inspections and issuance, revocation and…

(1) In conducting inspections for the purpose of licensing health care facilities under ORS 441.020, the Oregon Health Authority and the Department of Human Services shall avoid unnecessary facility disruption by coordinating inspections performed by the authority or the departme…