Oregon Statutes - Chapter 431 - State and Local Administration and Enforcement of Health Laws

431.005 [1973 c.358 §1; repealed by 1977 c.751 §39]
431.010 [Amended by 1967 c.461 §1; 1969 c.695 §7; 1971 c.650 §5; repealed by 1973 c.358 §15]
431.015 [1973 c.358 §2; repealed by 1977 c.751 §39]
431.019 [1973 c.358 §2a; repealed by 1977 c.751 §39]
431.020 [Amended by 1967 c.461 §2; 1971 c.650 §6; repealed by 1973 c.358 §15]
431.023 [1973 c.358 §4; repealed by 1977 c.751 §39]
431.025 [1971 c.650 §11; repealed by 1973 c.358 §15]
431.030 [Repealed by 1971 c.650 §51]
431.035 Authority of Director of Human Services to delegate functions; Public Health Director; appointment; duties.
(1) The Director of Human Services may delegate to any of the officers and employees of the Department of Human Services the exercise or discharge...
431.040 [Amended by 1969 c.314 §39; 1971 c.650 §7; repealed by 1973 c.358 §15]
431.045 Public Health Officer; appointment; qualifications; duties.
The Director of Human Services shall appoint a physician licensed by the Oregon Medical Board and certified by the American Board of Preventive Medicine who...
431.050 [Amended by 1967 c.461 §3; repealed by 1971 c.650 §51]
431.053 [1973 c.358 §3; repealed by 1977 c.751 §39]
431.055 [1967 c.363 §2; repealed by 1971 c.650 §51]
431.060 [Repealed by 1971 c.650 §51]
431.065 [1971 c.37 §2; 1977 c.582 §7; repealed by 2001 c.900 §261]
431.070 [1961 c.723 §1; 1969 c.314 §40; repealed by 1971 c.650 §51]
431.110 General powers of Department of Human Services.
Subject to ORS 417.300 and 417.305, the Department of Human Services shall: (1) Have direct supervision of all matters relating to the preservation of life...
431.120 Duties of Department of Human Services; rules.
The Department of Human Services shall: (1) Enforce state health policies and rules. (2) Have the custody of all books, papers, documents and other property...
431.130 [Amended by 1959 c.629 §5; 1959 c.684 §2; 1961 c.725 §10; 1963 c.32 §1; 1965 c.362 §3; 1969 c.14 §2; 1969 c.641 §16; 1971 c.195 §1; 1971 c.413 §13; 1971 c.763 §13; 1973 c.408 §33; 1973 c.833 §41; 1973 c.835 §233; repealed by 1977 c.582 §61]
431.140 [Amended by 1959 c.314 §21; 1973 c.833 §42; 1977 c.582 §10; 2001 c.900 §144; repealed by 2007 c.445 §42]
431.150 Enforcement of health laws generally.
(1) The local public health administrators are charged with the strict and thorough enforcement of the public health laws of this state in their districts,...
431.155 Restraining violation of public health laws.
(1) Whenever it appears to the Department of Human Services that any person is engaged or about to engage in any acts or practices that...
431.157 County authority to restrain violation of public health laws.
Pursuant to ORS 448.100 (1) and 446.425 (1), the county is delegated the authority granted to the Director of Human Services in ORS 431.155. [1983...
431.160 Commencement of prosecutions.
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...
431.170 Enforcing health laws and rules when local officers are delinquent.
(1) The Director of Human Services shall take direct charge of the functions that are necessary to preserve the public health in any county or...
431.175 Warrant procedure.
If necessary, the Director of Human Services or a designee thereof, the State Fire Marshal or a designee thereof or an officer of a law...
431.180 Interference with individual�s selection of physician or treatment or with religious practice prohibited.
Nothing in the public health laws shall be construed to empower or authorize the Department of Human Services or its representatives, or any county or...
431.190 Advisory board on health care professions; duties; purpose of board rules.
The Director of Human Services shall appoint, not later than 60 days after October 4, 1977, an advisory board to study the practices and procedures...
431.195 Oregon Public Health Advisory Board; members; terms; meetings; compensation; duties.
(1) There is established the Oregon Public Health Advisory Board to serve as an advisory body to the Director of Human Services. (2) The members...
431.210 Public Health Account.
(1) There is established in the General Fund the Public Health Account, classified separately as to federal and other moneys. (2) All fines, fees, penalties,...
431.220 Record of moneys in Public Health Account.
The Department of Human Services shall keep a record of all moneys deposited in the Public Health Account. This record shall indicate by separate cumulative...
431.230 Emergency or revolving fund.
(1) The Director of Human Services may request the Oregon Department of Administrative Services to, and when so requested, the Oregon Department of Administrative Services...
431.240 [Repealed by 1955 c.147 §1]
431.250 Federal grants to be handled by Department of Human Services; disbursement; planning.
(1) The Department of Human Services hereby is designated as the state agency to apply to and receive from the federal government or any agency...
431.260 Definitions.
As used in ORS 431.035 to 431.530: (1) �Children�s facility� has the meaning given that term in ORS 433.235. (2) �Communicable disease� means a disease...
431.262 Authority of Department of Human Services and local public health administrators to enforce public health laws; authorized actions; rules; penalties.
(1) The Department of Human Services and local public health administrators shall have the power to enforce public health laws. The enforcement powers authorized by...
431.264 Authority of Public Health Director to take public health actions; authorized actions; rules.
(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...
431.266 Rules.
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...
431.270 Department duties.
(1) The Department of Human Services shall educate residents of this state about: (a) The need for bone marrow donors; (b) The procedures required to...
431.275 [1991 c.652 §5; repealed by 1999 c.59 §123]
431.280 [1991 c.652 §6; repealed by 1999 c.59 §123]
431.290 Spinal Cord Injury Research Board; members; terms; chairperson; meetings; rules.
(1) There is established a Spinal Cord Injury Research Board consisting of 11 members appointed by the Governor. (2) The term of office of each...
431.292 Duties of board; grants.
(1) The Spinal Cord Injury Research Board may solicit, receive and review applications from public and private agencies, organizations and research institutions for grants from...
431.294 Spinal Cord Injury Research Fund.
(1) There is created within the State Treasury, separate and distinct from the General Fund, the Spinal Cord Injury Research Fund administered by the Spinal...
431.310 Bacteriological and other examinations and newborn screening by state laboratory; rules; fees.
(1) For the better protection of the public health the laboratory of the Department of Human Services shall make bacteriological and other examinations of water,...
431.320 [Repealed by 1967 c.146 §1 (431.330, 431.335, 431.340, 431.345 and 431.350 enacted in lieu of 431.320)]
431.325 [1971 c.650 §17; 1977 c.582 §19; repealed by 1993 c.742 §95]
431.330 Conference of Local Health Officials; officers of conference.
(1) The Conference of Local Health Officials is created. The conference shall consist of all local health officers and public health administrators, appointed pursuant to...
431.335 Meetings of conference; notice; expenses of members and officers of conference.
(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...
431.340 Recommendations of conference.
The Conference of Local Health Officials may submit to the Department of Human Services such recommendations on the rules and standards specified in ORS 431.345...
431.345 Minimum standards for financial assistance to local boards of health.
In order to establish criteria for local boards of health to qualify for such financial assistance as may be made available, the Department of Human...
431.350 Department to adopt rules for ORS 431.330 to 431.350.
Upon receipt of written approval from the Conference of Local Health Officials the Department of Human Services shall adopt rules necessary for the administration of...
431.375 Policy on local public health services; local public health authority; contracts for provision of maternal and child public health services by tribal governing council.
(1) The Legislative Assembly of the State of Oregon finds that each citizen of this state is entitled to basic public health services which promote...
431.380 Distribution of funds for local purposes.
(1) From funds available to the Department of Human Services for local public health purposes, regardless of the source, the department shall provide payments to...
431.385 Local annual plan; effect of failure to submit plan; approval; disapproval; variance.
(1) The local public health authority shall submit an annual plan to the Department of Human Services for performing services pursuant to ORS 431.375 to...
431.405 Purpose of ORS 431.405 to 431.510.
It is the purpose of ORS 431.405 to 431.510 to encourage improvement and standardization of health departments in order to provide a more effective and...
431.410 Boards of health for counties.
The governing body of each county shall constitute a board of health ex officio for each county of the state and may appoint a public...
431.412 County board of health; formation; composition; advisory board.
(1) The governing body of any county shall establish a county board of health, when authorized to do so by a majority of electors of...
431.414 District board of health; formation; composition; advisory board.
(1) Two or more contiguous counties may combine for the purpose of forming a district health unit when the governing body of each of the...
431.415 Powers and duties of local health boards; rules; fee schedules.
(1) The district or county board of health is the policymaking body of the county or district in implementing the duties of local departments of...
431.416 Local public health authority or health district; duties.
The local public health authority or health district shall: (1) Administer and enforce the rules of the local public health authority or the health district...
431.418 Local public health administrator; health officer; duties; salary.
(1) Each district board of health shall appoint a qualified public health administrator to supervise the activities of the district in accordance with law. Each...
431.420 [Amended by 1961 c.610 §9; 1973 c.829 §25; 1977 c.582 §30; repealed by 1981 c.127 §4]
431.430 [Amended by 1961 c.610 §10; 1973 c.829 §26; repealed by 1981 c.127 §4]
431.440 Public health administrators have police powers.
All district and county public health administrators shall possess the powers of constables or other peace officers in all matters pertaining to the public health....
431.450 [Amended by 1961 c.610 §14; 1973 c.829 §28; repealed by 1981 c.127 §4]
431.460 [Amended by 1961 c.610 §12; 1973 c.829 §29; repealed by 1981 c.127 §4]
431.470 [Amended by 1961 c.610 §3; renumbered 431.412]
431.480 City boards abolished; expenditure of funds obtained from school district.
(1) All city boards of health are abolished. (2) Any school district may appropriate money to be expended for public health measures in such school...
431.490 [Repealed by 1961 c.610 §18]
431.500 [Amended by 1953 c.189 §3; repealed by 1961 c.610 §18]
431.510 Quarters and funds for local health boards.
(1) The governing body of the county shall provide adequate quarters and facilities for the office and health work of the county board of health...
431.520 Disposal of local health records.
Public records, as defined in ORS 192.005, of district and county departments of health and community mental health clinics may be destroyed or otherwise disposed...
431.530 Authority of local health administrator in emergency.
(1) The local public health administrator may take any action which the Department of Human Services or its director could have taken, if an emergency...
431.550 Authority of Department of Human Services to collect information from local public health administrators.
Nothing in ORS 431.412, 431.418 and this section shall be construed to limit the authority of the Department of Human Services to require facts and...
431.605 [1971 c.650 §44; repealed by 1973 c.358 §15]
431.607 Department of Human Services to develop comprehensive emergency medical services and trauma system.
In cooperation with representatives of the emergency medical services professions, the Department of Human Services shall develop a comprehensive emergency medical services and trauma system....
431.608 [1987 c.918 §9; repealed by 1997 c.546 §4]
431.609 Designation of trauma areas; rules; trauma system hospitals.
(1) With the advice of the State Trauma Advisory Board, the Department of Human Services shall: (a) Develop and monitor a statewide trauma system; and...
431.610 [Amended by 1961 c.610 §4; renumbered 431.414]
431.611 Department to adopt rules; contents.
(1) Prior to approval and implementation of area trauma plans submitted to the Department of Human Services by area trauma advisory boards, the department shall...
431.613 Area trauma advisory boards; duties; members.
(1) Area trauma advisory boards shall meet as often as necessary to identify specific trauma area needs and problems and propose to the Department of...
431.615 [1971 c.650 §45; repealed by 1973 c.358 §15]
431.617 Liability of provider.
No provider shall be held liable for acting in accordance with approved trauma system plans. [1985 c.191 §7]
431.619 Continuous duties of department.
The Department of Human Services shall continuously identify the causes of trauma in Oregon, and propose programs of prevention thereof for consideration by the Legislative...
431.620 [Repealed by 1961 c.610 §18]
431.623 Program created in Department of Human Services.
(1) The Emergency Medical Services and Trauma Systems Program is created within the Department of Human Services for the purpose of administering and regulating ambulances,...
431.625 [1971 c.650 §46; repealed by 1977 c.582 §61 and 1977 c.751 §17a]
431.627 Designation of other trauma centers.
(1) In addition to and not in lieu of ORS 431.607 to 431.617, the Department of Human Services shall designate trauma centers in areas that...
431.630 [Repealed by 1961 c.610 §18]
431.633 Reporting of certain patients; reimbursement for certain services.
(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...
431.640 [Repealed by 1961 c.610 §18]
431.650 [Repealed by 1961 c.610 §18]
431.660 [Repealed by 1961 c.610 §18]
431.670 [Repealed by 1961 c.610 §18]
431.671 Emergency Medical Services for Children Program; duties of Department of Human Services.
(1) Subject to available funding from gifts, grants or donations, the Emergency Medical Services for Children Program is established in the Department of Human Services....
431.680 Automated external defibrillators required at health clubs; exceptions.
(1) As used in this section, �health club� means an indoor facility: (a) With the primary purpose of offering exercise or athletic activities that patrons...
431.705 Definitions for ORS 431.705 to 431.760.
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...
431.710 When department to initiate district formation or annexation.
(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)...
431.715 Resolution requesting department to initiate formation or annexation.
(1) The county court or the local or district board of health having jurisdiction over territory where it believes conditions dangerous to the public health...
431.717 Compelling adoption of resolution.
(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)...
431.720 Commission to review certain plans; approval of plans.
(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...
431.725 Department to review resolution; notice of hearing.
(1) Upon receipt of the certified copy of a resolution adopted under ORS 431.715, the Department of Human Services shall contact the requesting body within...
431.730 Conduct of hearing.
(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...
431.735 Director�s authority under ORS 431.705 to 431.760.
(1) If the Director of Human Services after investigation finds that no danger to public health exists because of conditions within the affected territory, or...
431.740 Notice to boundary commission; service facilities to conform to plans and schedules.
(1) If a boundary commission has jurisdiction of the affected territory, the Director of Human Services shall file the findings and order with such boundary...
431.745 Petition for alternative plan.
(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...
431.750 Commission review of alternative plan; certification of alternative plan.
(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...
431.755 [1973 c.361 §11; repealed by 1975 c.266 §4 (431.756 enacted in lieu of 431.755)]
431.756 Judicial review.
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...
431.760 Certain persons prohibited from participating in proceedings.
(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...
431.805 Definitions for ORS 431.805 and 431.810.
As used in ORS 431.805 and 431.810: (1) �Person� includes an individual, partnership, association, corporation, private institution or governmental entity. (2) �Recombinant DNA research� means...
431.810 Recombinant DNA research to comply with federal guidelines.
Persons carrying out recombinant DNA research must comply with the recombinant research guidelines adopted by the National Institutes of Health and any subsequent modifications thereof....
431.815 [1983 c.358 §§3,4; repealed by 1999 c.108 §1]
431.825 Fetal alcohol syndrome pamphlets.
The Department of Human Services shall provide to the counties of this state pamphlets described in ORS 106.081. The department may produce such pamphlets with...
431.827 Female genital mutilation prevention and education activities.
The Department of Human Services shall establish and implement appropriate education, prevention and outreach activities in communities that traditionally practice female circumcision, excision or infibulation...
431.830 Acquired immune deficiency syndrome services and programs.
(1) The Department of Human Services shall establish an acquired immune deficiency syndrome program: (a) To provide education and prevention services to its clients; and...
431.831 Smoking cessation program reimbursement; rules.
(1) The Department of Human Services shall develop a program to reimburse smoking cessation program providers for services provided to residents of this state who...
431.832 Tobacco Use Reduction Account established.
(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...
431.834 Department to adopt rules; contents.
The Department of Human Services shall develop and adopt rules for awarding grants to programs for educating the public on the risk of tobacco use,...
431.836 Department to prepare report.
During each biennium, the Department of Human Services shall prepare a report regarding the awarding of grants from the Tobacco Use Reduction Account and the...
431.840 Free distribution to minors prohibited; restriction on sales; notice.
(1) It shall be unlawful to do any of the following: (a) To distribute free tobacco products to persons under 18 years of age as...
431.845 Civil penalty for violation of ORS 431.840.
(1) The civil penalty for violation of any provision of ORS 431.840 shall not be less than $100 nor exceed $500. (2) The amounts collected...
431.850 Procedure applicable to penalty.
Any civil penalty under ORS 431.845 shall be imposed as provided by ORS 183.745. [1989 c.764 §§3,6; 1991 c.734 §20] Note: See note under 431.840.
431.853 Random inspections of sellers of tobacco products; site; frequency; rules.
(1) The Department of Human Services shall: (a) Coordinate with law enforcement agencies to conduct random, unannounced inspections of Oregon wholesalers and retailers of tobacco...
431.855 Alzheimer�s Disease Research Fund.
(1) There is established as a separate and distinct fund in the State Treasury an Alzheimer�s Disease Research Fund. The Alzheimer�s Disease Research Fund shall...
431.860 Control of fund.
Oregon Health and Science University shall have access to and control of the moneys held in the Alzheimer�s Disease Research Fund established under ORS 431.855...
431.870 Definitions for ORS 431.870 to 431.915.
As used in ORS 431.870 to 431.915: (1) �Household product� means any product intended for use under any of the following circumstances: (a) In, on...
431.875 Legislative findings.
The Legislative Assembly finds that: (1) Most poisonings involve children under six years of age. (2) The federal Poison Prevention Packaging Act of 1970 requires...
431.880 Aversive agent required.
Any toxic household product that is listed in ORS 431.885 and is manufactured on or after July 1, 1993, and sold in this state, shall...
431.885 Toxic household products required to comply with aversive agent requirement; exemptions.
(1) The following toxic household products must comply with ORS 431.880: (a) Antifreeze containing 10 percent or more ethylene glycol by weight. (b) Windshield washer...
431.887 Limitation on liability; application.
(1) A manufacturer, distributor or seller of a toxic household product that is required to contain an aversive agent under the provisions of ORS 431.880...
431.890 Poison Prevention Task Force; members; meetings; duties.
(1) The Poison Prevention Task Force is created in the Poison Center of the Oregon Health and Science University and consists of five members as...
431.895 Efficacy and toxicity data available to task force; use; confidentiality of data.
(1) The Poison Prevention Task Force may request efficacy and toxicity data, or other pertinent data it considers necessary, from the manufacturer of any toxic...
431.900 Reports to legislature.
The Poison Prevention Task Force shall report to the Legislative Assembly as necessary with recommendations for the addition or deletion of products from the list...
431.905 Enforcement by civil action; injunction; damages; attorney fees.
(1) Any person may bring a civil action in a court of competent jurisdiction to enforce the requirements of ORS 431.870 to 431.915. The court...
431.910 Prohibited conduct.
(1) It is unlawful for any person to distribute or sell a toxic household product or cause a toxic household product to be distributed or...
431.915 Civil penalty for violation of ORS 431.870 to 431.915.
(1) Any person who violates any provision of ORS 431.870 to 431.915 shall be liable for a civil penalty not to exceed $5,000 for each...
431.920 Training provider accreditation; lead poisoning prevention programs; fees.
The Department of Human Services shall: (1) Develop accreditation programs for training providers; (2) Prescribe the requirements for and the manner of testing the competency...
431.925 Definitions for ORS 431.925 to 431.955.
As used in ORS 431.925 to 431.955, unless the context requires otherwise: (1) �Phototherapy device� means equipment that emits ultraviolet radiation used by a health...
431.930 Purpose of ORS 431.925 to 431.955.
It is the purpose of ORS 431.925 to 431.955 to regulate tanning facilities to minimize the risks associated with suntanning with artificial ultraviolet light. These...
431.935 Tanning device to comply with federal requirements; exception for certain phototherapy devices.
(1) Any tanning device used by a tanning facility shall comply with all applicable federal laws and regulations. (2) ORS 431.925 to 431.955 do not...
431.940 Standards and regulation of tanning devices; rules; fee; inspection.
(1) The Department of Human Services shall adopt by rule standards and a system of registration for tanning devices. Any entity doing business in this...
431.945 Written warning statement and sign; content; rules.
(1) A tanning facility shall give each customer a written statement warning that: (a) Not wearing the protective eye wear provided to each customer by...
431.950 Civil penalty for violation of ORS 431.925 to 431.955.
The Department of Human Services may impose a civil penalty in an amount not to exceed $500 for a violation of ORS 431.925 to 431.955...
431.955 Disposition of receipts.
Except as otherwise provided by law, all fees and other moneys received by the Department of Human Services pursuant to ORS 431.925 to 431.955 shall...
431.990 Penalties.
Unless otherwise specifically provided by any other statute, failure to obey any rules relating to public health of the Department of Human Services or failure...

Last modified: August 7, 2008