Title 36, Public Health and Safety

Nothing in ORS 431.380 to 431.510 and this section shall be construed to limit the authority of the Oregon Health Authority to require facts and statistics from local public health administrators on matters relating to the preservation of life and health of the people of this sta…

As used in ORS 431.705 to 431.760, unless the context requires otherwise: (1) “Affected territory” means an area that is the subject of a proceedings under ORS 431.705 to 431.760 where there is a danger to public health or an alleged danger to public health. (2) “Boundary commiss…

(1) ORS 431.705 to 431.760 shall not apply if the affected territory could be subject to an annexation proceeding under ORS 222.840 to 222.915. (2) If the Oregon Health Authority, in accordance with ORS 431.705 to 431.760, finds that a danger to public health exists within the af…

(1) The county court or local public health authority, as defined in ORS 431.003, having jurisdiction over the territory where conditions dangerous to the public health exist shall adopt a resolution requesting the Oregon Health Authority to initiate proceedings for the formation…

(1) Any person who may be adversely affected by the failure of a county court to adopt a resolution as required by ORS 431.715 (1) may seek to compel the adoption of such resolution through a writ of mandamus under ORS 34.105 to 34.240. (2) The prevailing party in a proceeding un…

(1) Upon receipt of the documents submitted under ORS 431.715 (4), the Environmental Quality Commission shall review them to determine whether the conditions dangerous to public health within the affected territory could be removed or alleviated by the provision of service facili…

(1) Upon receipt of the certified copy of a resolution adopted under ORS 431.715, the Oregon Health Authority shall contact the requesting body within 30 days of receipt of the request and schedule the review and investigation of conditions in the affected territory. The authorit…

(1) At the hearing on the resolution, any interested person shall be given a reasonable opportunity to be heard or to present written statements. The hearing shall be for the sole purpose of determining whether a danger to public health exists due to conditions in the affected te…

(1) If the Director of the Oregon Health Authority after investigation finds that no danger to public health exists because of conditions within the affected territory, or that such a danger does exist but the conditions causing it could not be removed or alleviated by the provis…

(1) If a boundary commission has jurisdiction of the affected territory, the Director of the Oregon Health Authority shall file the findings and order with such boundary commission. If the affected territory is not within the jurisdiction of a boundary commission, the director sh…

(1) At any time after the adoption of a resolution under ORS 431.715, a petition, signed by not less than 51 percent of the electors registered in the affected territory, may be filed with the Oregon Health Authority. The petition shall suggest an alternative plan to the proposed…

(1) If the alternative plan submitted under ORS 431.745 (1) involves service facilities that are subject to the jurisdiction of the commission, the alternative plan shall be submitted to and reviewed by the Environmental Quality Commission and shall be approved or rejected by the…

Judicial review of orders under ORS 431.705 to 431.760 shall be as provided in ORS 183.480, 183.485, 183.490 and 183.500. [1975 c.266 §5 (enacted in lieu of 431.755)]

(1) A person who owns property or resides within affected territory that is subject to proceedings under the provisions of ORS 431.705 to 431.760 shall not participate in an official capacity in any investigation, hearing or recommendation relating to such proceedings. If the Dir…

Unless otherwise specifically provided by law, failure to obey ORS 431.001 to 431.550 and 431.990 or rules adopted under ORS 431.001 to 431.550 and 431.990 or failure to obey a lawful written order relating to public health issued by the Director of the Oregon Health Authority or…

As used in ORS 431A.005 to 431A.020: (1) “Children’s facility” has the meaning given that term in ORS 433.235. (2) “Communicable disease” means a disease or condition, the infectious agent of which may be transmitted by any means from one person or from an animal to another perso…

(1) The Oregon Health Authority and local public health administrators shall have the power to enforce public health laws. The enforcement powers authorized by this section include, but are not limited to, the authority to: (a) Investigate possible violations of public health law…

(1) Unless the Governor has declared a public health emergency under ORS 433.441, the Public Health Director may, upon approval of the Governor or the designee of the Governor, take the public health actions described in subsection (2) of this section if the Public Health Directo…

The Public Health Director, after consultation with local public health authorities and local public health administrators, shall adopt rules governing the development of emergency plans and an incident management system. [Formerly 431.266] EMERGENCY MEDICAL SERVICES AND TRAUMA S…

In cooperation with representatives of the emergency medical services professions, the Oregon Health Authority shall develop a comprehensive emergency medical services and trauma system. The authority shall report progress on the system to the Legislative Assembly. [Formerly 431.…

(1) The State Trauma Advisory Board is established within the Oregon Health Authority. The board must have at least 18 members. The Director of the Oregon Health Authority shall appoint at least 17 voting members as described in subsection (2) of this section. The chairperson of …

(1) With the advice of the State Trauma Advisory Board, the Oregon Health Authority shall: (a) Develop and monitor a statewide trauma system; and (b) Designate within the state, trauma areas consistent with local resources, geography and current patient referral patterns. (2) Eac…

(1) Prior to approval and implementation of area trauma plans submitted to the Oregon Health Authority by area trauma advisory boards, the authority shall adopt rules pursuant to ORS chapter 183 which specify state trauma objectives and standards, hospital categorization criteria…

(1)(a) Area trauma advisory boards shall meet as often as necessary to: (A) Identify specific trauma area needs and problems; and (B) Propose to the Oregon Health Authority area trauma system plans and changes that meet state standards and objectives. (b) The authority, acting wi…

(1) A provider may not be held liable for acting in accordance with approved trauma system plans. (2) A person who in good faith provides data or other information to the Oregon Trauma Registry in accordance with ORS 431A.085 to 431A.105 is immune from any civil or criminal liabi…

The Oregon Health Authority shall continuously identify the causes of trauma in Oregon, and propose programs of prevention thereof for consideration by the Legislative Assembly or others. [Formerly 431.619] Note: 431A.080 is repealed January 1, 2027. See sections 43 and 44, chapt…

(1) The Emergency Medical Services and Trauma Systems Program is created within the Oregon Health Authority for the following purposes: (a) Administering and regulating ambulances; (b) Training and licensing emergency medical services providers; (c) Establishing and maintaining e…

(1) In addition to and not in lieu of ORS 431A.050 to 431A.075, the Oregon Health Authority shall designate trauma centers in areas that are within the jurisdiction of trauma advisory boards other than in the area within the jurisdiction of area trauma advisory board 1. (2) The a…

(1) Designated trauma centers and providers, physical rehabilitation centers, alcohol and drug rehabilitation centers and ambulances shall develop a monthly log of all unsponsored, inadequately insured trauma system patients determined by the hospital to have an injury severity s…

(1) As used in this section, “individually identifiable information” means: (a) Individually identifiable health information as that term is defined in ORS 179.505; and (b) Information that could be used to identify a health care provider, nontransporting prehospital care provide…

(1) Subject to available funding from gifts, grants or donations, the Emergency Medical Services for Children Program is established in the Oregon Health Authority. The Emergency Medical Services for Children Program shall operate in cooperation with the Emergency Medical Service…

Subject to the availability of funds, the Oregon Health Authority shall implement a program for providing to emergency departments in real time notifications that: (1) Identify patients with hemo-globinopathies; and (2) Provide information on how to contact a hematologist in real…

(1) Subject to available funding, including gifts, grants or donations, the Oregon Health Authority shall establish and administer a statewide injury and violence prevention program. In administering the program, the authority may: (a) Collect and analyze data on injury and viole…

(1) The Oregon Health Authority shall develop a program to reimburse smoking cessation program providers for services provided to residents of this state who are not insured for smoking cessation costs. (2) The authority shall adopt rules for the program established under subsect…

(1) There is established in the General Fund the Tobacco Use Reduction Account. (2) Amounts credited to the Tobacco Use Reduction Account are continuously appropriated to the Oregon Health Authority for the funding of prevention and education programs designed to reduce cigarette…

The Oregon Health Authority shall develop and adopt rules for awarding grants to programs for educating the public on the risk of tobacco use, including but not limited to: (1) Educating children on the health hazards and consequences of tobacco use; and (2) Promoting enrollment …

During each biennium, the Oregon Health Authority shall prepare a report regarding the awarding of grants from the Tobacco Use Reduction Account and the formation of public-private partnerships in connection with the receipt of funds from the account. The authority shall present …

(1) As used in this section and ORS 431A.183: (a)(A) “Inhalant delivery system” means: (i) A device that can be used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device; or (ii) A component of a device described in this subpa…

(1) The Oregon Health Authority may impose a civil penalty against a person that engages in the wholesale or retail sale of tobacco products or inhalant delivery systems, as those terms are defined in ORS 431A.175, if the person violates: (a) ORS 431A.175 or a rule adopted under …

(1)(a) The Oregon Health Authority may enter into an agreement with federal agencies to assist the authority in monitoring and enforcing federal laws and regulations related to tobacco products or inhalant delivery systems. (b) The authority may commission employees of the author…

As used in ORS 431A.190 to 431A.216: (1) “Governing body of a local public health authority” has the meaning given that term in ORS 431.003. (2) “Inhalant delivery system” has the meaning given that term in ORS 431A.175. (3) “Local public health authority” has the meaning given t…

The purpose of ORS 431A.190 to 431A.216 is to improve enforcement of local ordinances and rules, state laws and rules and federal laws and regulations that govern the retail sale of tobacco products and inhalant delivery systems. [2021 c.586 §2]

A person may not make a retail sale of a tobacco product or an inhalant delivery system at or from a premises located in this state unless the person sells the tobacco product or inhalant delivery system at or from a premises licensed or otherwise authorized under ORS 431A.198 or…

Notwithstanding ORS 431A.194, ORS 431A.190 to 431A.216 do not apply to a person making a retail sale of an inhalant delivery system at a medical marijuana dispensary registered under ORS 475C.833 or at a premises for which a license has been issued under ORS 475C.097, unless the …

(1) Except as provided in subsection (8) of this section, the Department of Revenue shall issue licenses to, and annually renew licenses for, a person that makes retail sales of tobacco products or inhalant delivery systems at qualified premises. (2) To be qualified for licensure…

A person to which a license or other authorization has been issued under ORS 431A.198 or 431A.220 must post proof of licensure or other authorization in a clear and conspicuous place at the premises for which the license or other authorization has been issued. [2021 c.586 §6]