Oregon § 431.140 - [Amended by 1959 c.314 21; 1973 c.833 42; 1977 c.582 10; 2001 c.900 144; repealed by 2007 c.445 42]

§ 431.140. [Amended by 1959 c.314 21; 1973 c.833 42; 1977 c.582 10; 2001 c.900 144; repealed by 2007 c.445 42]

431.140 [Amended by 1959 c.314 21; 1973 c.833 42; 1977 c.582 10; 2001 c.900 144; repealed by 2007 c.445 42]

431.141 Foundational programs; rules. (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 this state.

(2) At a minimum, the authority shall establish the following foundational programs:

(a) Communicable disease control programs, as described in ORS 431.142;

(b) Environmental public health programs, as described in ORS 431.143;

(c) Prevention of injury and disease and promotion of health programs, as described in ORS 431.144; and

(d) Clinical preventive services, as described in ORS 431.145. [2015 c.736 17]

431.142 Communicable disease control programs. 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 outbreaks;

(2) Maintaining a list of communicable diseases;

(3) Conducting, receiving and analyzing laboratory results and physician reports related to communicable diseases;

(4) Providing the support necessary for individuals to recognize communicable diseases and other illnesses of public health importance; and

(5) Conducting community-based programs for the purpose of preventing communicable diseases. [2015 c.736 18]

431.143 Environmental public health programs. 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 analysis for purposes related to environmental health;

(2) Preventing and investigating environmental health hazards, including radioactive materials, animal bites and vector-borne diseases;

(3) Inspecting and educating the operators of:

(a) Restaurants and other food service establishments;

(b) Recreation sites, lodges and swimming pools;

(c) Septic systems;

(d) Potable water systems;

(e) Radiological equipment; and

(f) Hospitals and other health care facilities; and

(4) Promoting land use planning and sustainable development activities that create positive health outcomes. [2015 c.736 19]

431.144 Prevention of injury and disease and promotion of health programs. (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 care, maternal health and the health of children;

(e) Incentivizing increased physical activity; and

(f) Decreasing the occurrence and impacts of both unintentional and intentional injuries, such as motor vehicle accidents and suicide.

(2) Prevention of injury and disease and promotion of health programs must be based on evidence-based or emerging best practices designed to improve health outcomes for all populations. [2015 c.736 20]

431.145 Clinical preventive services. 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 treatment for tuberculosis and related latent tuberculosis infections;

(6) Cost-effective preventive care; and

(7) Laboratory services. [2015 c.736 21]

431.147 Authority to establish other public health programs and activities; rules. 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 activities may be established under this section for the purpose of enhancing or expanding a foundational program or for the purpose of addressing a need not addressed by a foundational program. Additional programs and activities may be established under this section in consideration of any advice provided by the Oregon Public Health Advisory Board or upon the authority s own initiative. [2015 c.736 22]

431.148 Evidence-based best practices; rules. 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 431.147. Rules adopted under this section are only for the purpose of assisting local public health authorities and are not mandatory guidelines for the implementation of the programs or activities. [2015 c.736 23; 2017 c.627 8]

RULES

431.149 Rulemaking authority over ORS 431.001 to 431.550 and 431.990. The Oregon Health Authority may adopt rules to implement ORS 431.001 to 431.550 and 431.990. [2015 c.736 24]

ENFORCEMENT

431.150 Enforcement of public health laws generally. (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 this section.

(2) A local public health administrator shall administer and enforce ORS 431.001 to 431.550 and 431.990 and any other public health law of this state within the jurisdiction of the local public health authority supervised by the local public health administrator. If a local public health administrator has knowledge of a violation of ORS 431.001 to 431.550 and 431.990 or any other public health law of this state, or of a violation of any rule adopted under ORS 431.001 to 431.550 and 431.990 or adopted under any other public health law of this state, the local public health administrator shall report the violation to the Oregon Health Authority in a form and manner prescribed by the authority.

(3) The Oregon Health Authority or a local public health administrator may investigate cases of irregularity or violations of laws or rules necessary for the authority or local public health administrator to execute their duties under subsections (1) and (2) of this section. A local public health administrator shall aid the authority, upon request, in conducting investigations initiated by the authority.

(4) When a violation of a public health law or rule is reported to a district attorney or official acting in the capacity of a district attorney, the district attorney or official shall initiate and promptly commence the necessary proceedings against the party or parties responsible for the alleged violation.

(5) Upon request of the authority, the Attorney General shall assist the authority in the enforcement of laws and rules under this section. [Amended by 1959 c.314 22; 1971 c.650 12; 1973 c.833 43; 1973 c.835 165; 1974 c.36 12; 1977 c.582 11; 2009 c.595 536; 2015 c.736 33]

431.155 Authority of Oregon Health Authority to restrain violation of public health laws. (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 may institute proceedings in the circuit courts to enforce obedience thereto by injunction, or by other processes, mandatory or otherwise, restraining such person, or its officers, agents, employees and representatives from further violation of such statute, rule or order, and enjoining upon them obedience thereto.

(2) The provisions of this section are in addition to and not in substitution of any other enforcement provisions contained in any statute administered by the authority. [1967 c.94 2; 1971 c.650 13; 1977 c.582 12; 2001 c.900 145; 2009 c.595 537]

431.157 Authority of local public health administrator to restrain violation of public health laws. 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]

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 verified before any magistrate. [Amended by 1959 c.314 23; 1973 c.833 44; 1977 c.582 13; 1995 c.658 104]

431.170 State enforcement of public health laws and rules when local public health administrator is delinquent. (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 431.990 and any other public health law or rule of this state as described in ORS 431.150.

(2) The director may request assistance as necessary to fulfill the director s duties under subsection (1) of this section, the expense of which shall be borne by the local public health authority over which the director took charge, to be paid out of the treasury of the local public health authority with moneys made available to the local public health authority under ORS 431.380, upon the receipt of vouchers properly certified by the director, except that payment is not required if the local public health authority requests a transfer under ORS 431.382. [Amended by 1959 c.314 24; 1973 c.833 45; 1977 c.582 14; 2001 c.900 146; 2009 c.595 539; 2015 c.736 35]

431.175 Warrant procedure. 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 issue a warrant, directing it to any sheriff or deputy or any constable or police officer, to enter the described property or to remove any person or obstacle, or to defend any threatened violence to the director or a designee thereof, the State Fire Marshal or a designee thereof or an officer, upon entering private property, or to assist the director in any way. [Formerly 433.025; 1991 c.67 112; 2009 c.595 540]

431.180 Interference with individual s selection of health care provider, treatment or religious practice prohibited. (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 individual s right to select the physician, physician associate, naturopathic physician or nurse practitioner of the individual s choice or the individual s choice of mode of treatment, nor as interfering with the practice of a person whose religion treats or administers sick or suffering people by purely spiritual means.

(2) This section does not apply to the laws of this state imposing sanitary requirements or rules adopted under the laws of this state imposing sanitary requirements. [Amended by 1977 c.582 15; 2007 c.70 238; 2009 c.595 541; 2014 c.45 49; 2015 c.736 36; 2017 c.356 59; 2024 c.73 74]