Title 36, Public Health and Safety

The Legislative Assembly of the State of Oregon finds and declares that: (1) Each resident of this state is entitled to the basic public health services that are necessary to preserve life and health; (2) A framework for public health services provided by the government is necess…

As used in ORS 431.001 to 431.550 and 431.990: (1) “Foundational capability” means the knowledge, skill or ability that is necessary to carry out a public health activity. (2) “Foundational program” means a public health program that is necessary to assess, protect or improve the…

(1) The Director of the Oregon Health Authority may delegate to any of the officers and employees of the Oregon Health Authority the exercise or discharge in the director’s name of any power, duty or function of whatever character vested in or imposed upon the director by the law…

(1) The Director of the Oregon Health Authority shall appoint a Public Health Officer who shall be responsible for the medical and paramedical aspects of the health programs within the Oregon Health Authority. The Public Health Officer must be a physician licensed under ORS chapt…

The Oregon Health Authority shall: (1) Have direct supervision of all matters relating to the preservation of life and health of the people of this state. (2) Ensure the statewide and local application of the foundational capabilities established under ORS 431.131 and described i…

(1) For the purpose of fulfilling its duties under ORS 431.110 (2), (3) and (4), the Oregon Health Authority shall: (a) Adopt and update as necessary a statewide public health modernization assessment; (b) In consideration of the statewide public health modernization assessment, …

In addition to the duties described in ORS 431.115, the Oregon Health Authority shall: (1) Enforce the laws, rules and policies of this state related to health. (2) Routinely conduct epidemiological investigations for each case of sudden infant death syndrome, including the ident…

(1) As used in this section: (a) “Community-based organization” means a nongovernmental organization that provides culturally and linguistic responsive services that are informed by the community, to improve the community’s health and well-being, and that provides services intend…

The Oregon Public Health Advisory Board shall: (1) Make recommendations to the Oregon Health Policy Board on the development of statewide public health policies and goals; (2) Make recommendations to the Oregon Health Policy Board on how other statewide priorities, such as the pr…

In addition to the duties described in ORS 413.011, the Oregon Health Policy Board shall: (1) Be the policy-making and oversight body for the Oregon Health Authority with respect to the application of the foundational capabilities established under ORS 431.131 and the implementat…

(1) The Oregon Health Authority, in consideration of the advice provided by the Oregon Health Policy Board under ORS 431.125, shall establish by rule the foundational capabilities necessary to protect and improve the health of the residents of this state and to achieve effective …

(1) For the purpose of establishing the foundational capabilities under ORS 431.131, assessment and epidemiology include, but are not limited to, the knowledge, skills and abilities necessary to: (a) Identify and respond to disease outbreaks and epidemics; (b) Analyze and respond…

(1) For the purpose of establishing the foundational capabilities under ORS 431.131, emergency preparedness and response include, but are not limited to, the knowledge, skills and abilities necessary to: (a) Develop, exercise, improve and maintain preparedness and response plans …

(1) For the purpose of establishing the foundational capabilities under ORS 431.131, communications include, but are not limited to, the knowledge, skills and abilities necessary to: (a) Engage in two-way communications with the public through the use of a variety of accessible m…

(1) For the purpose of establishing the foundational capabilities under ORS 431.131, policy and planning include, but are not limited to, the knowledge, skills and abilities necessary to: (a) Enable the Oregon Health Authority and local public health authorities to serve as a pri…

(1) For the purpose of establishing the foundational capabilities under ORS 431.131, leadership and organizational competencies include, but are not limited to, the knowledge, skills and abilities necessary to: (a) Define the strategic direction necessary to achieve public health…

(1) For the purpose of establishing the foundational capabilities under ORS 431.131, health equity and cultural responsiveness include, but are not limited to, the knowledge, skills and abilities necessary to: (a) Support public health policies that promote health equity; (b) Imp…

(1) For the purpose of establishing the foundational capabilities under ORS 431.131, community partnership development includes, but is not limited to, the knowledge, skills and abilities necessary to: (a) Convene and sustain relationships with traditional and nontraditional gove…

(1) Each biennium, the Oregon Health Authority shall submit to the Legislative Fiscal Office a report on the application of the formula described in ORS 431.380, containing at a minimum: (a) A statement of the amount of state moneys that the Oregon Health Authority received for t…

(1) The Oregon Health Authority, in consideration of any advice provided by the Oregon Health Policy Board under ORS 431.125, shall establish by rule the foundational programs through which the authority and local public health authorities administer public health services in thi…

Communicable disease control programs established under ORS 431.141 must identify, prevent and control infectious diseases that pose a threat to the health of the public and must include, but are not limited to: (1) Recognizing, identifying and responding to communicable disease …

Environmental public health programs established under ORS 431.141 must protect the public from illness, injury, disability and death caused by exposure to physical, chemical or biological factors in the environment and must include, but are not limited to: (1) Testing and analys…

(1) Prevention of injury and disease and promotion of health programs established under ORS 431.141 must include, but are not limited to: (a) Prevention and control of tobacco use; (b) Improving nutrition; (c) Improving oral health; (d) Improving prenatal, natal and postnatal car…

Clinical preventive services established under ORS 431.141 must provide for the assessment of public access to: (1) Immunizations; (2) Prenatal care; (3) Screening for preventable cancers and other diseases; (4) Screening for sexually transmitted infections; (5) Evaluation of and…

In addition to the foundational programs established under ORS 431.141, the Oregon Health Authority may establish by rule other public health programs, or by rule or order other public health activities, that address specific public health problems or needs. Programs and activiti…

The Oregon Health Authority may adopt by rule evidence-based best practices for the purpose of assisting local public health authorities in implementing the foundational programs established under ORS 431.141 and any other public health program or activity established under ORS 4…

The Oregon Health Authority may adopt rules to implement ORS 431.001 to 431.550 and 431.990. [2015 c.736 §24] ENFORCEMENT

(1) The Oregon Health Authority shall enforce ORS 431.001 to 431.550 and 431.990 and any other public health law of this state. The Director of the Oregon Health Authority shall supervise local public health administrators in the execution of their duties under subsection (2) of …

(1) Whenever it appears to the Oregon Health Authority that any person is engaged or about to engage in any acts or practices that constitute a violation of any statute relating to public health administered by the authority, or any rule or order issued thereunder, the authority …

A local public health administrator has the same powers granted to the Oregon Health Authority under ORS 431.155. [1983 c.370 §4; 2003 c.309 §5; 2009 c.595 §538; 2015 c.736 §34]

The district attorney, county attorney or Attorney General may institute prosecutions for violation of any public health statute by information, by indictment or by complaint verified before any magistrate. [Amended by 1959 c.314 §23; 1973 c.833 §44; 1977 c.582 §13; 1995 c.658 §1…

(1) The Director of the Oregon Health Authority shall take direct charge of the functions that are necessary to preserve the public health in a local public health authority whenever a local public health administrator fails to administer or enforce ORS 431.001 to 431.550 and 431…

If necessary, the Director of the Oregon Health Authority or a designee thereof, the State Fire Marshal or a designee thereof or an officer of a law enforcement agency may appear before any magistrate empowered to issue warrants in criminal cases, and require such magistrate to i…

(1) Nothing in ORS 431.001 to 431.550 and 431.990 or any other public health law of this state shall be construed as authorizing the Oregon Health Authority or its representatives, or any local public health authority or its representatives, to interfere in any manner with an ind…

(1) There is established in the General Fund the Public Health Account, classified separately as to federal and other moneys. (2) All fees, penalties, federal apportionments or contributions and other moneys received by the Oregon Health Authority relating to public health shall …

The Oregon Health Authority shall keep a record of all moneys deposited in the Public Health Account. This record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is ch…

(1) The Oregon Health Authority may request the Oregon Department of Administrative Services to, and when so requested, the Oregon Department of Administrative Services shall, draw a payment on the Public Health Account in favor of the Director of the Oregon Health Authority in a…

(1) The Oregon Health Authority hereby is designated as the state agency to apply to and receive from the federal government or any agency thereof such grants for promoting public health and the prevention of disease, including grants for cancer control and industrial hygiene pro…

(1) The Conference of Local Health Officials is created. The conference shall consist of each local public health administrator and local health officer in this state and other local health personnel as provided by the rules of the conference. (2) The conference shall select one …

(1) The Conference of Local Health Officials shall meet at least annually at a place, day and hour determined by the executive committee and the Director of the Oregon Health Authority. The conference may meet specially at any other time that the executive committee or the direct…

The Conference of Local Health Officials may submit to the Oregon Health Authority recommendations on: (1) The establishment of the foundational capabilities under ORS 431.131, the foundational programs under ORS 431.141 and any other public health program or activity under ORS 4…

Upon receipt of written approval from the Conference of Local Health Officials the Oregon Health Authority shall adopt rules necessary for the administration of ORS 431.330 to 431.350. [1967 c.146 §4 (enacted in lieu of 431.320); 1977 c.582 §24; 2009 c.595 §558]

(1) From state moneys that the Oregon Health Authority receives for the purpose of funding the foundational capabilities established under ORS 431.131 and the foundational programs established under ORS 431.141, the Oregon Health Authority shall make payments to local public heal…

(1) If the Oregon Health Authority does not receive state moneys in an amount that equals or exceeds the estimate that the Oregon Health Authority submits to the Legislative Fiscal Office under ORS 431.380 (2), the governing body of the county in which a local public health autho…

It is the purpose of ORS 431.380 to 431.510 to encourage improvement and standardization of health departments in order to provide a more effective and more efficient public health service throughout the state. [1961 c.610 §1]

(1) Subject to the availability of funds paid pursuant to ORS 431.380, each local public health authority shall: (a) Administer and enforce ORS 431.001 to 431.550 and 431.990 and any other public health law of this state; (b) Adopt and update as necessary a local public health mo…

(1) Subject to the availability of funds paid pursuant to ORS 431.380, each governing body of a local public health authority shall: (a) In collaboration with the local public health administrator appointed under ORS 431.418, develop public health policies and goals for the local…

(1) The Oregon Health Authority may by rule require each local public health authority to submit a plan, in a form and manner prescribed by the Oregon Health Authority, that describes how the local public health authority will use moneys made available under ORS 431.380. (2) The …

(1) Except when a local public health authority has transferred its responsibility to the Oregon Health Authority under ORS 431.382, a local public health authority shall appoint a qualified local public health administrator to supervise the activities of the local public health …

A local public health administrator has the powers of constables or other peace officers in matters pertaining to the public health. [Amended by 1961 c.610 §11; 1973 c.829 §27; 2015 c.736 §42]