Oregon § 431.070 - [1961 c.723 1; 1969 c.314 40; repealed by 1971 c.650 51]

§ 431.070. [1961 c.723 1; 1969 c.314 40; repealed by 1971 c.650 51]

431.070 [1961 c.723 1; 1969 c.314 40; repealed by 1971 c.650 51]

(Powers and Duties of Oregon Health Authority)

431.110 General powers and duties of Oregon Health Authority. 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 in ORS 431.132, 431.133, 431.134, 431.135, 431.136, 431.137 and 431.138.

(3) At the state level of governance, administer the foundational programs established under ORS 431.141 and described in ORS 431.142, 431.143, 431.144 and 431.145.

(4) At the local level of governance, oversee and provide support for the implementation of the foundational programs established under ORS 431.141 and described in ORS 431.142, 431.143, 431.144 and 431.145.

(5) Conduct sanitary surveys about and investigations on the causes and prevention of diseases.

(6) Investigate, conduct hearings and issue findings in connection with annexations proposed by cities as provided in ORS 222.840 to 222.915 and 431.705 to 431.760.

(7) Have full power in the control of all communicable diseases.

(8) Have the authority to send a representative of the authority to any part of the state.

(9) From time to time, publish and distribute to the public information related to the functions and duties of the authority. [Amended by 1955 c.105 1; 1967 c.624 18; 1971 c.650 9; 1977 c.582 8; 1987 c.414 83; 1989 c.834 18; 1991 c.122 11; 2001 c.900 254; 2009 c.595 534; 2013 c.61 2; 2015 c.736 3]

431.115 Administrative duties of Oregon Health Authority. (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, develop and modify as necessary a statewide public health modernization plan;

(c) Implement the statewide public health modernization plan;

(d) Subject to the provisions of ORS 431.380, develop and modify as necessary plans for the distribution of funds to local public health authorities;

(e) Implement plans for the distribution of funds to local public health authorities;

(f) Coordinate state and local administration of the foundational programs established under ORS 431.141;

(g) Approve local plans for applying the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141 as required by ORS 431.417;

(h) Monitor the progress of local public health authorities in meeting statewide public health goals, including applying the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141;

(i) For the purpose of making distributions under ORS 431.380, consult with and consider the recommendations of local public health authorities on the total cost to local public health authorities of applying the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141;

(j) Use accountability metrics to encourage the effective and equitable provision of public health services by local public health authorities;

(k) Use incentives to encourage the effective and equitable provision of public health services by local public health authorities;

(L) Seek funding, including in the form of federal grants, for ORS 431.001 to 431.550 and 431.990; and

(m) Coordinate and collaborate with federal agencies in implementing ORS 431.001 to 431.550 and 431.990.

(2) The Oregon Health Authority shall solicit input from the Conference of Local Health Officials and local public health authorities in:

(a) Establishing the foundational capabilities under ORS 431.131 and the foundational programs under ORS 431.141;

(b) Adopting and updating a statewide public health modernization assessment under subsection (1)(a) of this section;

(c) Developing and modifying a statewide public health modernization plan under subsection (1)(b) of this section; and

(d) Developing and modifying plans for the distribution of funds under subsection (1)(d) of this section. [2015 c.736 4; 2017 c.627 2]

431.120 Other duties of Oregon Health Authority; rules. 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 identification of risk factors such as birth weight, maternal age, prenatal care, history of apnea and socioeconomic characteristics. The authority may conduct the investigations through local health departments only upon adoption by rule of a uniform epidemiological data collection method.

(3) Adopt rules related to loans and grants awarded under ORS 285B.560 to 285B.599 or 541.700 to 541.855 for the improvement of drinking water systems for the purpose of maintaining compliance with applicable state and federal drinking water quality standards. In adopting rules under this subsection, the authority shall coordinate the authority s rulemaking process with the Water Resources Department and the Oregon Business Development Department to ensure that rules adopted under this subsection are consistent with rules adopted under ORS 285B.563 and 541.845.

(4) Control health care capital expenditures by administering the state certificate of need program under ORS 442.325 to 442.344. [Amended by 1971 c.650 10; 1977 c.582 9; 1981 c.385 1; 1991 c.944 4; 1993 c.18 107; 1993 c.754 8; 2005 c.835 24; 2009 c.595 535; 2013 c.61 2a; 2015 c.736 32]

(Oregon Public Health Advisory Board)

431.122 Members; terms; meetings; compensation. (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 intended to reach individuals disproportionately impacted by health risks and disease.

(b) Rural means a geographic area that is at least 10 miles from a population center of at least 40,000 residents.

(c) Urban means a geographic area that is less than 10 miles from a population center of at least 40,000 residents.

(2)(a) The Oregon Public Health Advisory Board is established for the purpose of advising and making recommendations to the Oregon Health Authority and the Oregon Health Policy Board. The Oregon Public Health Advisory Board shall consist of:

(A) Eighteen members appointed by the Governor as specified in paragraph (b) of this subsection;

(B) The Public Health Director or the Public Health Director s designee;

(C) If the Public Health Director is not the State Health Officer, the State Health Officer or a physician licensed under ORS chapter 677 acting as the State Health Officer s designee;

(D) If the Public Health Director is the State Health Officer, a representative from the Oregon Health Authority who is familiar with public health programs and public health activities in this state; and

(E) A designee of the Oregon Health Policy Board.

(b) The Governor shall appoint the following individuals to the board:

(A) A state employee who has technical expertise in the field of public health;

(B) A local public health administrator who supervises public health programs and public health activities in Benton, Clackamas, Deschutes, Jackson, Lane, Marion, Multnomah or Washington County;

(C) A local public health administrator who supervises public health programs and public health activities in Coos, Douglas, Josephine, Klamath, Linn, Polk, Umatilla or Yamhill County;

(D) A local public health administrator who supervises public health programs and public health activities in Clatsop, Columbia, Crook, Curry, Hood River, Jefferson, Lincoln, Tillamook, Union or Wasco County;

(E) A local public health administrator who supervises public health programs and public health activities in Baker, Gilliam, Grant, Harney, Lake, Malheur, Morrow, Sherman, Wallowa or Wheeler County;

(F) A local health officer who is not a local public health administrator;

(G) An individual who represents the Conference of Local Health Officials created under ORS 431.330;

(H) An individual who is a member of, or who represents, a federally recognized Indian tribe in this state;

(I) An individual who represents coordinated care organizations;

(J) An individual who represents health care organizations that are not coordinated care organizations;

(K) An individual who represents individuals who provide public health services directly to the public;

(L) An expert in the field of public health who has a background in academia;

(M) An expert in population health metrics;

(N) An expert in health equity;

(O) An individual who represents a community-based organization serving a rural community;

(P) An individual who represents a community-based organization serving an urban community;

(Q) An individual who represents the education system from early learning through high school; and

(R) An at-large member.

(3)(a) The term of office for a board member appointed under this section is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(b) Members of the board described in subsection (2)(a)(B) to (E) of this section are nonvoting ex officio members of the board.

(4) A majority of the voting members of the board constitutes a quorum for the transaction of business.

(5) Official action by the board requires the approval of a majority of the voting members of the board.

(6) The board shall elect one of its voting members to serve as chairperson.

(7) The board shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the board.

(8) The board may adopt rules necessary for the operation of the board.

(9) The board may establish committees and subcommittees necessary for the operation of the board.

(10) Voting members of the board are entitled to compensation and expenses as provided in ORS 292.495. [Formerly 431.195; 2017 c.627 8a; 2023 c.199 10]

431.123 Duties of Oregon Public Health Advisory Board. 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 provision of early learning services and the delivery of health care services, affect and are affected by statewide public health policies and goals;

(3) Make recommendations to the Oregon Health Policy Board on 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 431.147;

(4) Make recommendations to the Oregon Health Policy Board on the adoption and updating of the statewide public health modernization assessment under ORS 431.115;

(5) Make recommendations to the Oregon Health Policy Board on the development of and any modification to the statewide public health modernization plan developed under ORS 431.115;

(6) Establish accountability metrics for the purpose of evaluating the progress of the Oregon Health Authority and local public health authorities in achieving statewide public health goals;

(7) Make recommendations to the Oregon Health Authority and the Oregon Health Policy Board on:

(a) The development of, and any modification to, plans developed under ORS 431.115 for the distribution of funds to local public health authorities under ORS 431.380; and

(b) The total cost to local public health authorities of applying the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141;

(8) Make recommendations to the Oregon Health Policy Board on the use of accountability metrics by the Oregon Health Authority under ORS 431.380 to encourage the effective and equitable provision of public health services by local public health authorities;

(9) Make recommendations to the Oregon Health Policy Board on the incorporation and use of incentives by the Oregon Health Authority under ORS 431.380 to encourage the effective and equitable provision of public health services by local public health authorities;

(10) Provide support to local public health authorities in developing local plans to apply the foundational capabilities established under ORS 431.131 and implement the foundational programs established under ORS 431.141 as required by ORS 431.417;

(11) Monitor the progress of local public health authorities in meeting statewide public health goals, including employing the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141;

(12) Assist the Oregon Health Authority in seeking funding, including in the form of federal grants, for ORS 431.001 to 431.550 and 431.990; and

(13) Assist the Oregon Health Authority in coordinating and collaborating with federal agencies. [2015 c.736 7; 2017 c.627 3]

(Oregon Health Policy Board)

431.125 Duties related to public health laws. 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 implementation of the foundational programs established under ORS 431.141; and

(2) Provide advice to the Oregon Health Authority based on the recommendations made by the Oregon Public Health Advisory Board under ORS 431.123. [2015 c.736 8]